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C-4609 - Harbor View Hills South and Newport Heights Pavement Rehabilitation
OFFICE OF THE CITY CLERK Leilani 1, Brown, MMC January 9, 2011 Mr. Michael J. Carver R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 Subject: Harbor View Hills South & Newport Heights Pavement - C-4609 Dear Mr. Carver: On November 22, 2011, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance, The Notice of Completion was recorded by the Orange County Recorder on December 5, 2011, Reference No. 2011000618376. The Surety for the bond is Travelers Casualty & Surety Company of America and the bond number is 105591054. Enclosed is the Labor & Materials Payment Bond. fLYearnuJZB'rown, 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 BOND NUMBER 105591054 EXECUTED IN DUPLICATE City of Newport Beach HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION Contract No. 4609 BOND NO. 105591054 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 HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION, Contract No. 4609 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. 4609 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind. the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We. the undersigned Principal, and. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA _ duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of One Million, Two Hundred Forty - Seven Thousand, Six Hundred Fifty and 001100 Dollars ($1,247,650.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; far 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 Civif 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 duty executed by the above named Principal and Surety, on the 17th day of JUNE _, 2011. MICHAEL J. CARVER, PRESIDENT R. J- Noble Company (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety 21688 GATEWAY CENTER DR. DIAMOND BAR CA 91765 _ MICHAEL D. STONG, ATTORNEY -IN -FACT Address of Surety Print Name and Title (909) 612 -3000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED State of California County of Orange i_, CSYIt Coat § 1189 On June 20, 2011 before me, Jennifer De iongh, Notary Public Date. Here Insert Name and Title of IM1a 0111cer �w� —� personally appeared Michael J. Carver Place Notary Seal AIn.e. ,,�ryy CpgHp /dTp }.. ° gnaure of Notary prHo _ -- AL Though the information below 1s not required bylaw, it may grove ble to pe ons relying on the document and could prevent fr sudullynt removal and reattachment of this form to nother document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: s,� — C! Corporate Officer — Title(s): ❑ Individual 0 Partner — L Limited U..i General -rot, of ttn,mh t,ere F1 Attorney in Fact EJ Trustee C1 Guardian or Conservator Other: Signer Is Representing: Signer's Name:- �_��__ El Corporate Officer — Theis): Individual U Partner — ❑ Limited D General Top or thumb Wane ❑ Attorney in Fact ❑ Trustee D Guardian or Conservator I Other: _ Signer is Representing: 2010 Nat*maf Notary Axwciraoo , NanonaiNe ary -w9 - t- 800-US NOTARY (1, 00- 68241 Item #5907 who proved to me on the basis of satisfactory evidence to be the personkgf whose narneWis/are subscribed to the within instrument and acknowledged to me that het executed the same in t o his/Aem*"Iiir authorized capacityot§s and that by F e'R JE r0t,iGH his/her/their signature(') on the instrument the s t, c tmtsslon # 1771186 Y b1lc • Cait4ornlo persona, or the entity upon behalf of which the Orange County r person(A acted, executed the instrument, ops.Exr4esOcf28,2011 ' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WiTNES,S- mvband son official seal. Place Notary Seal AIn.e. ,,�ryy CpgHp /dTp }.. ° gnaure of Notary prHo _ -- AL Though the information below 1s not required bylaw, it may grove ble to pe ons relying on the document and could prevent fr sudullynt removal and reattachment of this form to nother document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: s,� — C! Corporate Officer — Title(s): ❑ Individual 0 Partner — L Limited U..i General -rot, of ttn,mh t,ere F1 Attorney in Fact EJ Trustee C1 Guardian or Conservator Other: Signer Is Representing: Signer's Name:- �_��__ El Corporate Officer — Theis): Individual U Partner — ❑ Limited D General Top or thumb Wane ❑ Attorney in Fact ❑ Trustee D Guardian or Conservator I Other: _ Signer is Representing: 2010 Nat*maf Notary Axwciraoo , NanonaiNe ary -w9 - t- 800-US NOTARY (1, 00- 68241 Item #5907 CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On (y�l 7{ i/ before me, R. NAPPI "NOTARY PUBLIC" (Here inscn name and dt(c of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the personJWwhose name(4'islaresubscribed to the within instrument and acknowledged to me that hetsheltltey executed the same in his4wrtti:heir authorized capacity(-iesl, and that by hislherltheir signature0on the instrument the personnX, or the entity upon behalf of which the person(,ej`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. Signature ofNolary Public R. NAPPl n COMM . #1796916 '",; c NOTARYPu9LIC- CALIFORNIA m RIIJFi ECUNTy My Comm.Expires June 7, 2012 (Notary Seal) 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 2008Version CAPAvl ?.10.07800. 873 -98(tt5 www.NotaryClasses,com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears chore in fire nomry section or a separate ncknotdedgment farm must be properly completed and attached to drat document. The mrty exception is if a document is to be recorded outside of California, In such instances. any alternative acknmrledgrnew verbiage as mmy, be printed air such a document so long as the verbiage does act requrre the notary to do something that is illegal for a notary lot CaVornia (i.e. certifying the authorized capacirc of the signer). Please check Ore document carefuAyfor proper notarial hording and attach ddsforar if required. • State and County information most be the State and County where the document sig ns) personally appeared before the notary, public for acknowledgment • mate 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 carne as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name($) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singolar or plural forms by crossing off incorrect forms Tic helshe /Urea is tore ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seat impression most be clear and photographically reproducible. Impression must not cover text or fact. If seal impression smudges, m -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature ofthc notary public must match the signature on file with the orrice of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or enriched to a different document ti 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 (>.c. CEO, CFO, Secretary), • Securely attach this document to the signed document ACKNOWLEDGMENT ............................................... ............................... State of California County of .. ___ __ -) ss. On before me, Notary Public, personally appeared _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare 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 histherltheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ........ ............................... Date of Document Type or Title of Document _ Number of Pages in Document _ Document in a Foreign Longo e _ I ype of Satisfactory Evide ce: _ Personally Know with Paper Identification Paper Identificaf on Credible Witness(es) {seal] ..... ............................... Thumbprint of Signer 35 Check rrere it Capacity of Signer, no thumbprint Trustee or Ongerprint Power of Attorney is asariabie- __ CEO/CFO/COO _ President t Vice President t Secretary 1 Treasurer Other Information 35 ACKNOWLEDGMENT ,".".^°"".^°".".°`^"^^°.°°".°°°""".^"^°",""°"°°""^"°,.",....°."^°,^.°."",^,"". State o/California Counly of On Public, PersonaUYV000anad \�«' __ bo(or*no*, , Notary personally �� proved Nnoaon the basis of satisfactory evidence to be the par000(s)vvhona nanoa(s)is/ano subscribed to the within ina{o/rocn\ and acknowledged to nie that ho/ahe/they executed the sa/oe in his/her/their uuNunzod capaci\y(ins), and that by hic/herAheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the, | certify under PENALTY OF PERJURY under the lawn of Mn State of California that ih° foregoing paragraph io true and correct. WITNESS my hand and official seal. Signature seat) ,°"°°""°""~",~°°,^"~,°~°°"""^°"""°"^°""°""°"^"v°,"^/,"^"^""`".,""°°,°~"""~^"",` OPTIONAL INFORMATION Date ofDmomu*( Thum��n\n{Signor IINFORMATION T�mwTWo�Dn�mmt ' NumUsofP���Dommun| Document ino Foreign Language ___ Tyoeoy Satisfactory Evidence --Personally '---- | | ---,-Paper Identification Credible Witness(es) LJChooxh*p/ Capacity o[Signer m`thvm»pw' _ Trustee m,moo,iaan` _PoworofAttorney nmailam CEO / CFO /COO President /Vioe�P,00ident / Secretary /Treasurer _Other Other Information ___ 36 i gip POWER OF ATTORNEY TR�y A HVE4,G R S J 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 v �' Q p 0 p O Attorney -lit Fact No. 222474 Certificate No, v 0 `1' 4 3 Q 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. String, Rosemary Nappi, and Jeremy Pendergast of the City of __ __ yergde , State of__. California _ __ , their are and Iawful Atiomey(s) -in -Pact, 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, 16th IN WITNESS WHEREOF, the Cornpan ass have caused this instrument in be signed and their corporate seals to be hereto affixed, this day of � , 611 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 United States Fidelity and Guaranty Company 01,S4aPJ � ' y,xE 6 Oi�nPM, XyG9 ,(�+JP9U?a„4S. Js�1r 4Npsogs;4%! _ SSALY State of Connecticut City of Hartford ss, By: —_�- Gcoig V Tivumpson, ainr ice President 16th February 2011 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc„ 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. In Witness Whereof, I hereunto set my hand and official seal, G iFT My Commission expires the 30th day of June, 2011. N jDb$EtUs 58446 -4 -09 Printed in U.S.A. Marie C. Tmeault, Notary Public RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 M QRecords, orange County Tom Daly, I corder lIII�IUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE 2011005IM91:25 pm 12/05/11 ((�� T }}T A" , 8 0 10.00 0.00 0.00 0.00 0.00 " � V� �rEbWORT su"4 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and R.J. Noble Company, Inc. of Orange, CA, as Contractor, entered into a Contract on June 14, 2011. Said Contract set forth certain improvements, as follows: Harbor View Hills South & Newport Heights Pavement - (C-4609) Work on said Contract was completed, and was found to be acceptable on November 22, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty & Surety Company of America. BY ubli orks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed onIV t�� IJC��J, 2-0) 1 , at Newport Beach, California. r BY City Clerk F'tiN, WWT j�o %pl OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC November 23, 2011 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Lido Isle Pavement Rehabilitation Phase 111 - C -4520. • Harbor View Hills South & Newport Heights Pavement Rehabilitation - C -4609. Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, Leilani 1. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Offiee 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 E.C. Construction Inc. of South El Monte, CA, as Contractor, entered into a Contract on March 8, 2011. Said Contract set forth certain improvements, as follows: Lido Isle Pavement Rehabilitation Phase III - {C -4520} Work on said Contract was completed, and was found to be acceptable on November 22, 2011, by the City Council, Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty & Surety Company of America. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on N���Id6i . %(� at Newport Beach, California. BY City Clerk November 22, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer APPROVED: �\cG TITLE: Harbor View Hills South & Newport Heights Pavement Rehabilitation - Completion and Acceptance of Contract No. 4609 ABSTRACT: On June 14, 2011, City Council awarded Contract No. 4609 (Harbor View Hills South & Newport Heights Pavement Rehabilitation Project) to R.J. Noble Company for a total contract cost of $1,247,650.00 plus a 10% allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. 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 the applicable portions of the Civil Code, 3. Release the Faithful Performance Bond one year after Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contra Account Description Measure M Turnback Water Enterprise Wastewater Enterprise Total Construction Cost: ct were expended from the folio Account Number 7281- C2002039 7511-C2002039 7531- C2002039 wing accounts: Amount $ 1,207,879.84 $22,500.00 $19,375.00 $1,249,754.84 Harbor View Hills South & Newport Heights Pavement Rehabilitation - Completion and Acceptance of Contract No. 4609 November 22, 2011 Page 2 DISCUSSION: Overall Contract Cost/Time Summary Contract Award Final Cost at Benchmark Actual Contract Time Amount Completion Target Contract Time Under ( -) (days) or Over ( +) $1,247,650.00 $1,249,754.84 10% or less 0.16% 80 -36 The work necessary to complete this contract consisted of removing existing pavement, asphalt concrete overlay, reconstructing sidewalks, curb and gutters, driveway approaches, curb access ramps, pruning trees, installing tree root barriers, and adjusting utility and survey facilities in the Harbor View Hills South and Newport Heights communities. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $ 1,247,650.00 Actual cost of bid items constructed: $1,218,414.84 Contract change orders: $ 31,340.00 Final contract cost: $ 1,249,754.84 There was one change order totaling $31,340.00. The change order was for the replacement of the driveway located at 2301 Laurel Place and a new catch basin, junction structure and 12 -inch storm drain located at 2401 Margaret Drive, This change order work was necessary because of field grade changes directed by city staff to improve drainage on these two streets. A summary of the project schedule is as follows: Estimated Completion Date per June 2010 Baseline Schedule: December 16, 2011 Project Awarded for Construction: June 14, 2011 Completion Date from Award with Approved Extensions: November 22, 2011 Actual Substantial Construction Completion Date: September 30, 2011 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Harbor View Hills South & Newport Heights Pavement Rehabilitation - Completion and Acceptance of Contract No. 4609 November 22, 2011 Page 3 NOTICING: This agenda item has been noticed according to the Brown Act. In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: alum Director Attachments: A. Location Maps y —Lct — ,VLp/w s^r aon w>oi \mwa ivaw„ :iOZ. a" x m R. . =x w -w 1 Q z W W m ; QV CL o _ N Q } v n z coo E �i Cf) Y L w O V Z O � o LL G O Q } m Q- LJ U a U) �z Uo W I- OU (LO n Q z O Q C) O J CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 31ST day of May, 2011, at which time such bids shall be opened and read for HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION Title of Project Contract No. 4609 $ 1,319,000.00 Engineer's Estimate prove � i� Stephen G. Badum Public Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548 -5571 Located at 659 W. 19`h Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Alfred Castanon, Project Manager at (949) 644 -3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results City of Newport Beach HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION Contract No. 4609 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ......................................................... ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................9 NON - COLLUSION AFFIDAVIT ...................................... ............................... 13 DESIGNATION OF SURETIES ....................................... ............................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........................ .............................15 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................17 INFORMATION REQUIRED OF BIDDER ........................................ .............................18 NOTICE TO SUCCESSFUL BIDDER ............................................... .............................21 CONTRACT...................................................................................... .............................22 FAITHFUL PERFORMANCE BOND ................................................ .............................30 LABOR AND MATERIALS PAYMENT BOND .................................. .............................33 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ............................................................. ............................... SP -1 E CitV of Newport Beach HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION Contract No. 4609 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — 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. 782908;A Contractor's License No. & Classification R.J. NOBLE COMPANY X Autho jzed Signature/Title MICHAEL J. CARVER, PRESIDENT MAY 31, 2011 Date Citv of NeWDort Beach HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION Contract No. 4609 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMT. BID Dollars ($ 10% OF BID ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION, Contract No. 4609 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 18th day of MAY 2011. R.J. NOBLE COMPANY X Name of Contractor (Principal) Authorized Signaturelfitle TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety 21688 GATEWAY CENTER DR. DIAMOND BAR CA 91765 Address of Surety (909) 612 -3000 Telephone MICHAEL J. CARVER, PRESIDENT 1 Au homed Acgenl \Signature MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On 05/19/2011 before me, Jennifer De Tough, Notary Public Dale Here InsM name eM nae of are ogam, personally appeared Michael J. Carver Namelal a spner(s) —,.- -- JtNNIFER DE IONGH d r. •% !,, �misslon # 1771180 " m Holary Public - California s 9 ,� Orange County ; :omfn.FxpkwOct29,2011 CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the personj4 whose name(.$)' is/am subscribed to the within instrument and acknowledged to me that he/sheA"iI& executed the same in hisMemlltw fr authorized capacity�p , and that by his/her/their signature(s) on the instrument the persong, or the entity upon behalf of which the persono acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES y hanld and Signature: A PISW Notary Seal vase OPTIONAL I s Though the information below is not required by law, it may prove valuable to Pei and could prevent fraudulent removal and reattachment of this form to Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ri Corporate Officer — Title(s): • Individual iffisam • Partner — L) Limited ❑ General Top of thumb here �? Attorney in Fact n Trustee fJ Guardian or Conservator El Other: Signer Is Representing: relying on the document Ter document. Number of Pages: _ Signer's Name: D Corporate Officer — Title(s): LI Individual FJ Partner — O Limited G General Too or thumb nuc :] Attorney in Fact C Trustee t7 Guardian or Conservator [I Other: Signer is Representing: 2010h tional No1&:vAu'�so% - Nal � aiiN taro• 9 - I ee+.�n. OTARYalcw&�wreux.}:uva:�..�:s : sn :wr- :.swsvw.."wY..try..n.ve�wwzn v n 4010 NelCnal NoiYy AseOelalbn � Nelbna1N01ary org • 1- 900�U5 NOTARY (1-1101d764827) Sam r. CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 5 LIS I before me, R. NAPPI "NOTARY PUBLIC" (Hem insert name and title ofthe officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person•(.s'f whose name(s9'is /are- subscribed to the within instrument and acknowledged to me that he /sheAftey executed the same in his /kerk#� authorized capacitg(ie4 and that by his /healtheir signature(s'jon the instrument the personW,, or the entity upon behalf of which the personKacted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R. NAPPI WITNESS my hand and official seal. COMM. #1796916 PLIBLiC OIJNT CALIFORNIA y RIVERSIDECOUNTY r Mycomm.fixPires June 7, 2012 Signature ofNolary Public • (Notary Se 1) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or description of attached document) (Title or description ofnitached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Parmer(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl ?.10.07 800 - 873 -9865 awsv.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Airy acknowledgment completed in California nurse contain verbiage exacrlc ar appears obm•e in the notary section or a separate arknondedgment fornt man be properly completed and attached to that document The oniv exception is if a document is to be recorded outside ofCahifarnia. In such instances. ony ahernatire acknowledgment verbiage as may be printed on such a document so long as the verbiage does nor require die notary to do something thin is illegal for a notary in California (t.e. cerrhlng the authorized capociry of the signer). Please check file diu mnenr comfullpfor proper nunarial wording mid attach thisform tfrequired. • State and County information must be the Suite and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notndzstion must be the date Out the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public most print his or her name as it appears within his or her commission foilawed by a comma and then yaw title (notary public). • Prim the camels) of document signer(s) who personally appear at the time or notarization. • Indicate the correct singular or plural farms by crossing off incorrect forms (i.e he /shrhdsm -is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocumem 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 of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate Ii0e or type of attached document, number of pages and date. Indialc 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 ACKNOWLEDGMENT ............................................... ............................... State of California County of ) ss. On before me, Public, personally appeared Notary who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is /are subscribed to the within instrument and acknowledged to me that a /she /they executed the same in his /her /their authorized capacity(ies), and that by his/h /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the law of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ................................... r............ ............................... INFORMATION Date of Document Type or Title of Document Number of Pages in Document , Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO /CFO /COO. _ President / Vice - President I Secretary I Treasurer _ Other: Other Information: 0 Thumbprint of Signer [] Check here if no thumbprint or fingerprint Is available. ACKNOWLEDGMENT ................................................ ............................... State of California County of wo Public, personally appeared ss. before me, Notary ,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 /ber /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. / I certify under PENALTY OF PERJURY under the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Date of Document Type or Title of Number of Pages in Document in a Foreign Language of the State of California that the (seal) .................. ............................... OPTIONAL INFORMATION Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney _ CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other 7 Thumbprint of Signer Check here it no thumbprint or fingerprint is available. ,Wb. POWER OF ATTORNEY TRAVELERSJ 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 Attorney -In Fact No. 222079 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 004083772 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 thew 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 to an) actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and then corporate seals to be hereto axed, this day of February 2011 Farmington Casualty Company Fidelity and Guaranty Insurance Compare Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company lU-1117 St. Paul Memory Insurance Company Travelers Casualty and Surety Company Travelers Casually and Surety Company of America United States Fidelity and Guaranty Company 002: ry f11,[ r Xa IISp Oz. % arw„it' 'g 1977 „(IO _ g„ O 1951 �.sea�iossaL ?`X State of Connecticut City of Hartford ss. By: t� ��_ Georg Thompson, tr ice President On this the i 6th day of February 2011 , 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, m 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,TFr In Witness Whereof, I hereunto set my hand and official seal. T*Aq My Commission expires the 30th day of June, 2011. #+ rOGBUO # ,� ors 58440 -4 -09 Printed In U.S.A. WARNING: THE Mane C. Teurault, Notary Public City of Newport Beach HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION Contract No. 4609 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 % of Total Bid Name: o e,5 , I-q c. q-11 C.wre fe_ Address: ISO 86 974 d Phone: qa . ss43 State License Number: 7 6a Name: L 6'r 'r wpff'W 5 CruCk Sczl Address: /AOq L. wuI�uf Phone: State License Number: S L �JOC Name: Q,'tl� �'Cr r s,f'� t) (� '1 � d r`� r! QO fP "� C �d Address: Q J057 IV Co q�g6�' rZo�f I�c,�r)e< •� 16 artin9�,f�. Phone:('1f� ) 3gr-ogooqq State License Number: of R.J. NOBLE COMPANY Bidder X Auttoorized Signature/Title 8 MICHAEL J. CARVER, PRESIDENT City of Newport Beach HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION Contract No. 4609 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 %of Total Bid / ' Name: cast 1A ri d bar ✓e Address: GIl N GiGKo-t' 3 (g''u\ ^ye, Cq . °la 86 16 a .gib Phone: Slate License : se Numbe J I Name:e35 U �� IPS �' �� ✓✓%yl� / -av 17 JVS /�� /L�� Address: 13Q V e. S/ �� �.• �. � OlO C6 rd AC, / C� g23�5 Phone{ cis l> a7^c, -&b q R I ry State License Number: � '1 nnr: Name: s0tVrJ%1!" 1'�IYr✓r/`n VNNt' r�Cf� �I C� n� Address: SJ 1 2 Gy PreSS b G�Qmss/ 64. °1o63b Phone: / -7M 165-_ 4) 100 State License Number R.J. NOBLE COMPANY Bidder X99 --- Alftliorized Signature/Title 8 MICHAEL J. CARVER, PRESIDENT City of Newport Beach HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION Contract No. 4609 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name R.J. NOBLE COMPANY FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number 2006 -07 ARTERIAL REHAB. Project Description ADAMS AVE. NEWLAND & MCFADDEN AVE. Approximate Construction Dates: From 12107 To: 06/09 Agency Name CITY OF HUNTINGTON BEACH Contact Person DAVE VERONE Telephone (711 536 -5221 3,955,542.24 Original Contract Amount $ Final Contract Amount $ 4,036,984.74 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK / 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. N/A .0 No. 2 Project Name /Number ORANGE AVE. STREET IMPROVEMENTS Project Description STREET IMPROVEMENTS Approximate Construction Dates: From Agency Name CITY OF ANAHEIM 01/08 To: 06/09 Contact Person RICHARD AGUIRRE Telephone (114)765 -6864 1,205,227.54 Original Contract Amount $ Final Contract Amount $ 1,402,587.20 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. N/A No. 3 Project Name /Number ORBITER & SATURN STREET REHABILITATION Project Description STREET REHABILITATION Approximate Construction Dates: From Agency Name CITY OF BREA Contact Person BRIAN INGALLINERA 09/09 To: 11/09 Telephone (114)990 -7672 491,673.95 Original Contract Amount $ Final Contract Amount $ 491,673.95 If final amount is different from original, please explain (change orders, extra work, etc.) NONE 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. N/A 10 No. 4 Project Name /Number ASPHALT OVERLAY OF VARIOUS STREETS Project Description PROJ. #09 -321 CIP #8043 CITYWIDE ASPHALT OVERLAY Approximate Construction Dates: From Agency Name CITY OF MURRIETA Contact Person KEN BURRIS 05/09 01/10 Telephone (95' 461 -6028 2,582,591.55 Original Contract Amount $ Final Contract Amount $ 2,726,254.54 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. 5 Project Name /Number SANTIAGO BLVD. AHRP PROJECT REHABILITATION Project Description FROM BROOKHURST TO LINCOLN AVE. SP -3681 Approximate Construction Dates: From 09/09 Agency Name CITY OF ORANGE 03/10 Contact Person ALAN TRUONG Telephone (714 744 -5544 1,212,702.00 Original Contract Amount $ Final Contract Amount $ 1,284,879.51 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. N/A 11 No. 6 Project Name /Number STREET MAINTENANCE PROJECT FY 2009 -10 Project Description STREET MAINTENANCE Approximate Construction Dates: From Agency Name CITY OF VILLA PARK 04/10 To: 06/10 Contact Person JOE O'NEIL Telephone (714)998 -1500 222,440.40 Original Contract Amount $ Final Contract Amount $ 222,440.40 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. N/A Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. R.J. NOBLE COMPANY X�� Bidder Aut5 razed Signature/Title WCHAEL J. CARVER, PRESIDENT 12 ,e Company 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 HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION Contract No. 46 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ORANGE ) MICHAEL J. CARVER being first duly sworn, deposes and says that he or she is PRESIDENT _ of R.J. NOBLE COMPANY , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fa 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 relafive 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 Californjivtbat the foregoing is true and correct. R.J. NOBLE COMPANY X Bidder Adfhiriied Signature/Title MICHAEL J. CARVER, PRESIDENT Subscribed and sworn to (or affirmed) before me on this 31 day of MAY 2011 by MICHAEL J. CARVER . , proved to me on the basis of satisfactory evidence to be the persop(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. [SEAL] JENNIFER DE IONGH Commlaalon # 1771136 ec a Nctary uic - C lifornia P bl orange County ; C; nm. Eq*esOct 28,2011 13 Nota Plublic ennifer Ga4i h My Commission Expires: 10/28/2011 City of Newport Beach HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION Contract No. 4609 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 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 HARBOR VIEW HILLS SOUTH & NEWPORT HEIG PAVEMENT REHABILITATION Contract No. 4609 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name R.J. NOBLE COMPANY Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record - Year of for for for for for Record 2010 2009 2008 2007 2006 Total 2011 No. of contracts 21 48 82 44 54 53 300 Total dollar Amount of 24 44 65 70 57 51 309 Contracts (in Thousands of $ MILLION- ----- - -- - --- ------- - - - - -- -------- - - - - -- ------ - - -- -- ------------ MILLION No. of fatalities NONE ----- No. of lost WorkdayCases NONE------ ----------------- — ------ ----- -- - - - - -- -------------------------------- No - of lost workday cases involving NONE - -- ------------ ------- - - - - -- ------- - - - - -- ------ - - -- -- ----- - - - - -- -- ---- - - - - -- permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder R.J. NOBLE COMPANY Business Address: 15505 E. LINCOLN_ AVE., ORANGE, CA 92865 Business Tel. No.: _L714) 637 -1550 State Contractor's License No. and Classification: 782908; A _ Title MICHAEL J. CARVER, PRESIDENT The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder X Date M Title STEVE MENDOZA, SECRETARY Signature of bidder Date Title JAMES N. DUCOTE, TREASURER Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. 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 if fewer than all of the partners /joint ventures submit 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 signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners /joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. fNOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange CML CODE § 1189 On 05/31/2011 before me, Jennifer De longh, Notary Public new Here reed Name and TW of the OOmer ' personally appeared Michael J. Carver NBma(S) of S1Bnar(sl r ± .ENNIFER DE IONGH 177 11 S }/ Notary Public - California £ :.Orange County ,... y cnfllnB# s0ciz8,2011 who proved to me on the basis of satisfactory evidence to be the personJ4 whose name(e is /are subscribed to the within instrument and acknowledged to me that he/sko#AW executed the same In hisAterllheir authorized capacityo�, and that by his/her /their signatureW on the instrument the personae, or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and Plata Newry Seal Above it 1' OPTIONAL 'Baugh the information below is not required by law, it may prove valuable to per and could prevent fraudulent removal and reattachment of this form to Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer — Title(s): Individual MERM 0 Partner — ❑ Limited ❑ General Top of thumb here F! Attorney in Fact fl Trustee ❑ Guardian or Conservator D Other: Signer Is Representing: seal. relying on the document Number of Pages: Signer's Name: Cl Corporate Officer — Title(s): CI Individual f J Partner — ❑ Limited LJ General Tap 01 thumb hNre 1-3 Attorney in Fact C Trustee n Guardian or Conservator 0 other: Signer is Representing: i rp t,l �l r' ', 2010 National Nobly Asaocelmn • NalmnalNowry.mg • P500 -US NOTARY (I.W*07e -55271 Item 05907 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of �ge On 05/31/2011 before me, Jennifer De lough, Notary Public Dale Here hseri Neme a TNe of Ibe officer personally appeared Craig Porter Nama(a) al signer(s) CIVIL CODE § 1199 who proved to me on the basis of satisfactory evidence to be the person(sf whose nameoa isfare subscribed to the within instrument and acknowledged to me that he/ hellAsy executed the same in hialln"W eir authorized capacityy@s , and that by his/her /their signatures) on the instrument the personof or the entity upon behalf of which the personO acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Place Notary Seal Above OPTIONAL ( / ` Though the information below is not required by law, it may prove valuable to po . and could prevent fraudulent removal and reattachment of this torn to Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: CI Corporate Officer — ❑ Individual ❑ Partner — ❑ Limited Cl Attorney in Fact E I Trustee mum] HUMS PRINT' OF SIGNER seal. ring on the document document. Number of Pages: Signer's Name: D Corporate Officer — Title(s): _ L1 Individual 11 Partner — ❑ Limited i.l General Ton orTom or lr C Attorney in Fact ❑ Trustee LJ Guardian or Conservator ❑ Guardian or Conservator -1 Other: Signer Is Representing: ❑ Other: Signer Is Representing: ti rn ;I i4'1WS'R«iLF•�Sil'3/v$tiTS•�d�' SVNini £N4��Y!�ivlav]tNl'NSrSf+." -L1ti = VYrYVYM1", Tn>I�IIDiTMS.ti._- VSIVVn.Ylil^� -V Wl['TVi.n�1'eFiT^ J.� °.2010 Nalnnal Notary AssomaImn - NaIp IN018ry.arg • n9W.US NOTARY (I.M"76-6627) Item 05907 .:-I INIFER DE IONGH d, lr Cnr:.ilssion # 1771186 r Acry Public - California Orange County orrvn.E0WOcf28,2011 CIVIL CODE § 1199 who proved to me on the basis of satisfactory evidence to be the person(sf whose nameoa isfare subscribed to the within instrument and acknowledged to me that he/ hellAsy executed the same in hialln"W eir authorized capacityy@s , and that by his/her /their signatures) on the instrument the personof or the entity upon behalf of which the personO acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Place Notary Seal Above OPTIONAL ( / ` Though the information below is not required by law, it may prove valuable to po . and could prevent fraudulent removal and reattachment of this torn to Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: CI Corporate Officer — ❑ Individual ❑ Partner — ❑ Limited Cl Attorney in Fact E I Trustee mum] HUMS PRINT' OF SIGNER seal. ring on the document document. Number of Pages: Signer's Name: D Corporate Officer — Title(s): _ L1 Individual 11 Partner — ❑ Limited i.l General Ton orTom or lr C Attorney in Fact ❑ Trustee LJ Guardian or Conservator ❑ Guardian or Conservator -1 Other: Signer Is Representing: ❑ Other: Signer Is Representing: ti rn ;I i4'1WS'R«iLF•�Sil'3/v$tiTS•�d�' SVNini £N4��Y!�ivlav]tNl'NSrSf+." -L1ti = VYrYVYM1", Tn>I�IIDiTMS.ti._- VSIVVn.Ylil^� -V Wl['TVi.n�1'eFiT^ J.� °.2010 Nalnnal Notary AssomaImn - NaIp IN018ry.arg • n9W.US NOTARY (I.M"76-6627) Item 05907 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 4' �Y.^. 2 !('.ti^vC�lft$F�ai�.tT.Ri•.f:ii .R�. .YS.'k SSA. RP: tCiK'. iRY: 4. eYkiX. c" iYYT. Cacct a': C: C7YF'.� ^.ti?.(.Y1r:r.tstK:CIV ^. , t,(` .tY1RCK.+^f2N:C'.L�.^R�.'O,FS^� State of California r, County of Orange On 05/31/2011 before me, Jennifer De longh, Notary Public Dart Here Vtterl Name emtl Title of the Off", personally appeared Steve Mendoza c �..JENNIFER DE IONGH Commission # 1771186 _e i•:olory Public - California . yj orange County vnm. 6fPUes 0d 28.2011 who proved to me on the basis of satisfactory evidence to be the person(df whose name(.a)' is/af& subscribed to the within instrument and acknowledged to me that he /s#rwiihil executed the same in hisA9emOr& authorized capacityosT and that by his/her /their signature(o on the instrument the person(K,, or the entity upon behalf of which the persono acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Plaee Notary see. Above OPTIONAL Though the information below is not required by law, it may prove valuable to peg and could prevent fraudulent removal and reattachment of this form to Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C I Corporate Officer — Title(s): C Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here CI Attorney in Fact Cl Trustee ❑ Guardian or Conservator D Other: Signer Is Representing: relying on the dw.ument Ier document. Number of Pages: Signer's Name: ❑ Corporate Officer — Tttle(s): ❑ Individual f J Partner — ❑ Limited ❑ General Top or tt,umb here 'J Attorney in Fact ❑ Trustee ❑ Guardian or Conservator CJ Other: Signer Is Representing: 2818 Niamnel Noiery Aewneiron Nalmn.[ otary org • I -M-UUS NOTARY (1 B 876 -6827) 86m #M7 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange CIVIL CODE § 7189 On 05/31/2011 before me, Jennifer De longh, Notary Public Data Here Insert Name anal Title, of 1M Oalear ' personally appeared James N. Ducote Namets) of Signerts) JENNIFER DE IONGH Commission # 1771186 a N„ for Public - California £ orange County ''xnm.fxpiresOC128,2011 who proved to me on the basis of satisfactory evidence to be the person(6f whose nameoa is/are subscribed to the within instrument and acknowledged to me that he /s✓aelikey executed the same in hish+eMN+eir authorized capacity�e - and that by his/her/their signature(4 on the instrument the personw, or the entity upon behalf of which the persono acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a d official seal. Sig tare: Place No" Seel Aeove OPTIDNAi sgoamre of Notary Pudic 7feotrgh the information below is not required by taw, it may prove valuable to persons retying 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(fes) Claimed by Signer(s) Signer's Name: CI Corporate Officer — Title(s): C Individual ri Partner — O Limited O General Top of thumb here C! Attorney in Fact ❑ Trustee O Guardian or Conservator D Other: Signer Is Representing: Number of Pages: Signer's Name: _ CI Corporate Officer — Title(s): i-1 Individual FJ Partner — Z3 Limited [] General Top or numb h m [I Attorney in Fact ❑ Trustee CI Guardian or Conservator ❑ Other: Signer Is Representing: r - 2010 Naaonal Wary AaaaGaltOn • NaNmalWaty.erg • I4iW-ub Nut AMY It aw- a 1"15211 Hem 15W7 City of Newport Beach HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION Contract No. 4609 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: 17 City of Newport Beach HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION Contract No. 4609 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: R.J. NOBLE COMPANY Business Address: 15505 E. LINCOLN AVE., ORANGE, CA 92865 Telephone and Fax Number: (714) 637 -1550 / (714) 637 -6321 California State Contractor's License No. and Class: 782908; A (REQUIRED AT TIME OF AWARD) Original Date Issued: 8/14/00 Expiration Date: AUGUST 31, 2012 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Steve Mendoza, Secretary/Chief Estimator The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone MICHAEL J. CARVER, PRESIDENT CRAIG PORTER, VICE PRESIDENT STEVE MENDOZA, SECRETARY JAMES N. DUCOTE, TREASURER 15505 E. LINCOLN AVENUE, ORANGE, CA 92865 FOR ALL OF THE ABOVE CORPORATE OFFICERS FOR R.J. NOBLE COMPANY Corporation organized under the laws of the State of CALIFORNIA 18 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: M For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with' public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner /agency? If so, explain. N/A 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 / Ro 19 Are any claims or actions unresolved or outstanding? Yes / r4b 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, PRESIDENT (Print name of Owner or President of Corporation/ '! ompany) X Auth'Qvireed Signaturelritle MICHAEL J. CARVER, PRESIDENT Title MAY 31, 2011 Date On MAY 31, 2011 before me, Jennifer De longh Notary Public, personally appeared MICHAEL J. CARVER who proved to me on the basis of satisfactory evidence to be the personipf whose name(X is /ace- subscribed to the within instrument,i�nd acknowledged to me that he /sheFthey executed the same in his/herttheir authorized capacity0eg), and that by his /herk#reir•signalure�on the instrument the personj<or the entity upon behalf of which the person�practed, 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 rpy hand and official seal, in and for said State My Com Im scion Expires: 10!28/11 (SEAL) JENNIFER DE IONVH a,4 Commisslon # 1771186 ..'m.. ' Fio:ary Public -California orange County 11,.� "nm.ExpiresOcf28,2011 20 City of Newport Beach HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION Contract No. 4609 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: o CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS e LABOR AND MATERIALS PAYMENT BOND o 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 HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION Contract No. 4609 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this _ day of , 2011, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City( "City ") and R.J. Noble Company, a California corporation, ( "Contractor "), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing raise pavement markers; (4) removing existing pavement; (5) removing existing sidewalk, curb, curb and gutter, cross gutter, driveway approaches, and curb access ramps; (6) grinding (cold mill), reconstructing and overlaying roadway; (7) constructing sidewalks, curb, curb and gutter, cross gutter, driveway approaches; curb access ramps; (8) pruning trees and installing tree root barriers; (9) adjusting utility and survey facilities; (10) installing traffic striping, pavement marks, curb painting, and raised pavement marking; (11) coordinating with outside utility owners to have facilities raised to grade and (12) other incidental items to be completed in work place required by the Plans and Specifications. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4609, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: 22 All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million, Two Hundred Forty-Seven Thousand, Six Hundred Fifty and 001100 Dollars ($1,247,650.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its, final request for payment. The Contractor and 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 PO Box 1768 Newport Beach, CA 92658 Attention: Alfred Castanon (949) 644- 3314 CONTRACTOR R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 (714) 637 -1550 (714) 637 -6321 Fax 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 Coverage and Limit Requirements. 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. 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 24 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 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: i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. 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 25 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. f. 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. 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. I. 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 26 specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. 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. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. The rights and obligations set forth in this Article shall survive the termination of this Contract. 27 H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY Assistant City Attorney ATTEST: Date to 2 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH A Californip Municipal Corporation and City and Charr City Q Date: R.J. NOBLE COMPANY a California corporation By: X" Corporate Officer) Title: President Print Name: Michael J. Carver Date: JUNE 17, 2011 By: X (Finangral OffifeR) Title: Secretary Print Name: Steve Mendoza Date. JUNE 17, 2011 �, yN CITY OF NEWPORT BEACH A Californip Municipal Corporation and City and Charr City Q Date: R.J. NOBLE COMPANY a California corporation By: X" Corporate Officer) Title: President Print Name: Michael J. Carver Date: JUNE 17, 2011 By: X (Finangral OffifeR) Title: Secretary Print Name: Steve Mendoza Date. JUNE 17, 2011 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT C11011. CODE § 1199 ° ltrY°. istr. �Yx' �' 2�.'. a�"/`. ISF' �. iR+^ 4. ?'.^ nJ. Q` xTYxit n{ oC. isaa�, i'' M. FK' N° n. El. M�4i' r+ k�iev'- F. tY�c^ i' �^. 2', r2� ".iNlf3M.rf.2:tx,Yti,IL:G.s^.Y ".Y�.:CI�k^.�. State of California l r: County of Orange ry ry' On June 17, 2011 before me, Jennifer De lough, Notary Public rr 1' Dale Here Insert Name and T10e of the Oerwr ' personally appeared Michael J. Carver X "' aA ._��iA 717R DE IONkvH nr�.l. lion # 1771186 .cry PLhlic • California ._ Ofan.je county �+ • rm.Fxp6resOCt ^_8, 2017 who proved to me on the basis of satisfactory evidence to be the personl whose name is /are subscribed to the within instrument and acknowledged to me that he /alife#Aey, executed the same in his*mPAhelr authorized capacity and that by his/her /their signatureW on the instrument the personv, 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. Ploou Notary Seal A . OPTIONAL 1 1 I / " 5rGN6NR of Notary PUNIC uu1 Though the information below is not required by law, it may prove valuable to persgns retying on the document and could prevent fraudulent removal and reattachment of this form to ahlother 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: -I Corporate Officer — Title(s): G Individual I'I Partner — UI Limited O General Top of thumb Here r'I Attorney in Fact F I Trustee ❑ Guardian or Conservator D Other: Signer Is Representing: _._.._ Number of Pages: Signer's Name: D Corporate Officer — Title(s):. "_ _ F. Individual OWNS; U Partner — ZI Limited f J General Top of thumb h,rn 1 Attorney in Fact C Trustee n Guardian or Conservator CI Other: Signer Is Representing: i ,.2010 National Mary As-:a Iatw • Nalrenaftlary .mg - 1- a00�US NOTARY (1000.876-6827) Ilom 158!17 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On JUN 17, 2011 before me, Jennifer De longh, Notary Public Dale Here Wised Name end Title of we Offerer personally appeared Steve Mendoza Narnefe)of Sl w(s) DE H e ®. Iss!on # 1771186 e .",rrr • Public - California Orange Court "--rm. Fxpa nOct28,2011 Clint. CODE § 1189 who proved to me on the basis of satisfactory evidence to be the personVwhose narri ej'is /are• subscribed to the within instrument and acknowledged to me that he /alial@A a A executed the same in hislMamthatir authorized capacityw,, and that by his/her /their signature(} on the instrument the person(K, 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. WITNESS my_hapd and official seal. Piece Nnlary Seal :Lave ( / - -° OPTIONAL Though the information below is not required by law• it may prove valuable to pe and could prevent fraudulent removal and reattachment of this form to Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: -1 Corporate Officer — Trtle(s): _ E Individual CI Partner — D Limited Ll General Top of thumb here --! Attorney in Fact C1 Trustee FJ Guardian or Conservator D Other: Signer Is Representing: reliving on the document far document Number of Pages: Signer's Name: D Corporate Officer — Title(s): CI Individual WOMEN I i Partner — -_1 Limited I J General Top of numb h,re . I Attorney in Fact C Trustee [I Guardian or Conservator LI Other: Signer is Representing: <II 9f e 'a 2010 National Weir Aaaoeldflon - Na6onalNotary.org • FBW -0S NOTARY 11.800 876ti827) Nem #5907 BOND NUMBER 105591054 EXECUTED IN DUPLICATE City of Newport Beach HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION Contract No. 4609 BOND NO. 105591054 FAITHFUL PERFORMANCE BOND The premium charges on (his Bond is S being at the rate of $ 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 HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION, Contract No. 4609 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. 4609 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 Million, Two Hundred Forty-Seven Thousand, Six Hundred Fifty and 001100 Dollars ($1,247,650.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the 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 al 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 anrount riot exceeding the sum specified in (his Bond, otherwise [his 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 value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS Surety above named, MICHAEL J. CARVER WHEREOF, this instrument has been duly executed by the on the 17thday of JUNE , 2011. PRESIDENT X 00-00, R.J. Noble Company (Principal) (/Authorized Signeture/Title TRAVELERS CASUALTY AND SURETY Name of Surety COMPANY OF AMERICA 21688 GATEWAY CENTER DR. DIAMOND BAR CA 91765 Address of Surety (909) 612 -3000 Telephone Principal and t Authorized 4t t Signature MICHAEL D. STONG ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Orange On June 20, 2011 before me, Jennifer De longh, Notary Public Deal Here Iruat Name eM Too, d ft officer personally appeared Michael J. Carver CML CODE 0 1199 who proved to me on the basis of satisfactory evidence to be the personf,Rf whose name(e is/are subscribed to the within instrument and acknowledged to me that he /sh@ &Ay executed the same in hisA le W"ir authorized capacity( K, and that by his/her /their signatureO on the instrument the persong,, or the entity upon behalf of which the person(o acted, executed the instrument. ly h i; rl 0 r; cn I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing %f paragraph is true and correct. hand and official seal. Plata Nalary Seal Atw•Y ( / Slarlelum at Nolary FUNW OPTIONAL Though the information below is not required by law, it may prob €valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fomr 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: 7.1 Corporate Officer — Title(s): G Individual 1'1 Partner — LJ Limited C General Tip of sannb nave Attorney in Fact F Trustee ❑ Guardian or Conservator 1 Other: Signer Is Representing: Number of Pages: Signer's Name: :J Corporate Officer — Title(s): D Individual (.1 Partner — ❑ Limited CJ General Ton of IhumU hue L.I Attorney in Fact C Trustee n Guardian or Conservator FIOther: Signer Is Representing: ' 2010 Nalmnal Nolaly Asaxi00n • NattonalNolary org - 1- e00'US NOTARY 11 bOPOrfi -fiat]) Item . M7 1- JIMFER DE IONGH Co ..micslon # 1771166 +ovary Fabllc - Calltornla Orange County �: :7 Y1n. EnpltosOaf e8, 2011 yr -•- . , - CML CODE 0 1199 who proved to me on the basis of satisfactory evidence to be the personf,Rf whose name(e is/are subscribed to the within instrument and acknowledged to me that he /sh@ &Ay executed the same in hisA le W"ir authorized capacity( K, and that by his/her /their signatureO on the instrument the persong,, or the entity upon behalf of which the person(o acted, executed the instrument. ly h i; rl 0 r; cn I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing %f paragraph is true and correct. hand and official seal. Plata Nalary Seal Atw•Y ( / Slarlelum at Nolary FUNW OPTIONAL Though the information below is not required by law, it may prob €valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fomr 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: 7.1 Corporate Officer — Title(s): G Individual 1'1 Partner — LJ Limited C General Tip of sannb nave Attorney in Fact F Trustee ❑ Guardian or Conservator 1 Other: Signer Is Representing: Number of Pages: Signer's Name: :J Corporate Officer — Title(s): D Individual (.1 Partner — ❑ Limited CJ General Ton of IhumU hue L.I Attorney in Fact C Trustee n Guardian or Conservator FIOther: Signer Is Representing: ' 2010 Nalmnal Nolaly Asaxi00n • NattonalNolary org - 1- e00'US NOTARY 11 bOPOrfi -fiat]) Item . M7 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On (0�l / �I before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title orlhc omccr) personally appeared MICHAEL D. STONG who proved io me on the basis of satisfactory evidence to be the persogWwhose nameW is /are subscribed to the within instrument and acknowledged to me that he /Ae#hey executed the same in his /I6erk4tt4r authorized capacityges)e and that by his/herltheir signature(<on the instrument the personnnnnW, 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. R. NAPPI n x/`29/ N , COMM. #1796916 a /f\�' � /// � ;°�" c NOTARY PUBLIC -CALIFORNIA � �'$'� RIVERSIDECOUNTY SignaturcofNotap• Public i (Notary Srnl) My Comm. Expires June 7, 2072 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Tide 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 200BVer5ion CAPAvl2.1007BOD- 973 -9665 ssmw.NotaryClasscscom INSTRUCTIONS FOR COMPLETING THIS FORM Any aclmoteledgment completed in California must contain verbiage exactly as oppeors above in the notary section or a separate acbhmrledgment font must be properly completed and attached to that docnmem. The on(v exception is If a document is to be recorded outside of California. In such instances. onJ alternative acknowledgment verbiage as may be printed nth such a document so long as tire verbiage does not require Ilse noton- to do something tar Is illegal for a noram in California (i.e. cerlihring ere nuthodced capoci0• of the signer). Please check the document camfully for proper notarial wording and aiteclh this fans f required. • State and County information most be the State and Courtly where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarimtion must be the date that the signerts) personally appealed which must also be the same date the acknowledgment is completed • The notary public must print his or her time as it appears within his or her commission followed by a comma and then your tide (notary public). • Print the nome(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect farms lie Wshesgeyr is Iere ) or circling the cameo forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal impression most be clear and photographically reproducible Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permi0. otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on File with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to u different document Indicate tide or type oranoched document, number of pages and date. •+ Indicate the capacity claimed by the signer. If the claimed capacity is a corporam officer, indicate the title lie CEO, CFO, Secretary). • Securely attach this document to the signed document ACKNOWLEDGMENT Slate of California County of , . - . , . - -.) ss. On .. before me. Notary Public. personally appeared _..___ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature / (seal) Dale of Document Type or Title of Document Number of Pages in Document Document In a Foreign Langua Type of Satisfactory Evid Personally Known _ Paper Identificalid Credible Witn s( Capacity of Signe . Trustee OPTIONAL INFORMATION Paper Identification Power Attorney (' ED) CFO I COO PresidentI Vice - President/ Secretary I Treasurer (fiher- Other Information 31 _ -,_ _ Thumbprint of Signer �] Check here of no thumbprint or hngetprinl ii, available ACKNOWLEDGMENT State of California County of _ ) ss. On _ _ -____ _ _ __ .. _._ before me. -- _ -. Notary Public, personally appeared - - -- — . _ - — — — - -- —° - -,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is true and correct. , WITNESS my hand and official seal. Signature ................................................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence' _Personally Known with P Paper tdentificat'on _- Credible Witnesses) Capacity of Signer: _ Trustee _— Power of Atto ey CEO /CFO COO Identification President/ ice- Presidenl f Se.cretary I l reasurer - -- Other Other Information Thumbprint of Signer E] Check Kerr if .w Ihumbpnnl or linperpnnt is availatils BOND NUMBER 105591054 EXECUTED IN DUPLICATE Citv of Newport Beach HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION Contract No. 4609 BOND NO. 105591054 LABOR AND MATERIALS PAYMENT BOND WHEREAS, (he City Council of the City of Newport Beach, Stale of California, by motion adopted, has awarded to R.J. Noble Company, hereinafter designated as (he "Principal." a contract for construction of HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION, Contract No. 4609 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. 4609 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. TRA_VELE_RS CASUALTY AND SURETY COMPANY OF AMERICA_ duly authorized to transact business under the laws of the Slate of California, as Surely, (referred to herein as "Surely ") are held firmly bound unto the City of Newport Beach, in the sum of One Million, Two Hundred Forty - Seven Thousand, Six Hundred Fifty and 001100 Dollars ($1,247,650.00) lawful money of the United Slates 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 (his Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the Slate of California. 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 17th day of JUNE '2011. MICHAEL J. CARVER, PRESIDENT X��— R.J. Noble Company (Principal) ZAuthorized Signature/Title TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety Autllorizedetnt Signature 21688 GATEWAY CENTER DR. DIAMOND BAR CA 91765 0 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 34 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On June 20, 2011 before me, Jennifer De longh, Notary Public Da4 Ham Iruen Name one nea oI the alecer personally appeared Michael J. Carver NpmOfel 01 SienB,(aj - r- _..IF.R DE IONGH Cc .I mission # 1771186 NL:; -y Public - California y., 9 \ £ O:cnge County - •.rvr Irn. En6WW28,2011 !n- -r .. ^'n'e'st -�� CML CODE § 11 Be r rn who proved to me on the basis of satisfactory evidence to be the personj4 whose names) is/am- subscribed to the within instrument and acknowledged to me that he /spy, executed the same in hishwA.eir authorized capacityw, and that by his/her /their signatures) on the instrument the personw,, or the entity upon behalf of which the personVI 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. Plpce Ndew Seal Mauve OPTIONAL I `•) // Through the information below is not required by law, it may prove �aluke to peg and could prevent fraudulent removal and reattachment of this form to Description of Attached Document Tifle or Type of Document: Document Date: Signers) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: I Corporate Officer — Title(s): _ I- Individual rl Partner — LI Limited ❑ General Top of nwrM here . CI Attorney in Fact F-1 Trustee rJ Guardian or Conservator -I Other: Signer Is Representing: official seal. relying on the document ter document Number of Pages: Signer's Name: _I Corporate Officer — Titte(s): -_ C. Individual F J Partner — 7 Limited CI General Too of nlumb h,. EJ Attorney in Fact C Trustee L I Guardian or Conservator �I Other: Signer Is Representing: 7 1 r' x t{ it t( n C7;0_1 oa-a I Nolary Acsuuelbn • NelianalNOlLy.wg • 7�80 DU6 NOTnRY h699d76692]I Item i5e0] CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On (0//7/// before me, R. NAPPI "NOTARY PUBLIC" (Here msen name and title of the officer) personally appeared MICHAEL D. STONG who proved io Ire on the basis of satisfactory evidence to be the person.Kwhose name(2ris /are subscribed to the within instrument and acknowledged to me that he /sheAhe>y executed the same in his /heFAheir authorized capacity4e4. and that by his 1hca4w4r signature(gron the instrument the personX,, or the entity upon behalf of which the persongacted, 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. 4%a�✓� Signature of Notary Public R. NAPPI COMM. #1796916 °- �•�-e. NOTARY PUBLIC - CALIFORNIA T RIVERSIDE COUNTY My Comm. Expires June 7, 2012 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or description ofanuched document) (Tide 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 200g Vcmion CAPAv]2 .1007800- 873 -9865 www.No1wyClas5cs.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknmriedgmem completed in California nmst contain verbiage exactl as appears above in the notary section or a separate ackrundedgrnent fomr most be properly completed and attached to that document. Tire mi exception it if a document is to be recorded outside of California In such instances. any alternative ockmmrledgment verbiage as may be printed on such a document so long as the verbiage does not requirr the moan• to do something that is illegal for a nmtaq, in California (i.e. cernlying the authorized capacity of the signer). Please check the document carefully forpmper nolarial wording and attach this fomr hfrequired. • State and County information most be the State and County where the document sign (s) personally appeared before the notary public for acknmvledgment. • Date of nmarization must be the dale Out the signers) personally appeared which must also be Ore same dole 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 marvels) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing on incorrect forms (i.c helsheldrer•- is /are ) or circling the coned forms. Failure to comeedy indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible Impression most not cover text or lines. If seal impression smudges, re -seal if a sufficient arm permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk. . Additional information is not required but could help to ensure this acknowledgment is not misused or attached to o different document Indicate title or type ofattached document. number of pages and date. Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (te CEO, CFO, Secretary). • Securely attach this document to the signed document ACKNOWLEDGMENT ................................................ ............................... Slate of California County of _ _. __) ss- On ....__. _ before me, - -- - _ , Notary Public, personally appeared .... ... — _- - — _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies). and that by his/her/their signatures(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Isean .................................... �FORMArlO N ............................., OPTIONAL Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Langua 1 Ype of Satisfactory Eviderfce: Personally Know with Paper Identification Paper Identificat on Credible Witness(es) Capacity of Signer Trustee Power of Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other Information' 35 Thumbprint of Signer O Chock here d nn Ihumbpnni or fingerprint is availahle ACKNOWLEDGMENT ................................................ ............................... Slate of Califonna County of } ss. On _ -- before me. _ Notary Public, personally appeared _- _ .who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /are subscribed to the within instrumenl and acknowledged to me [hat he /she /they executed the sarne in his /her /their authorized capacily(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ...... .............................. OPTIONAL INFORM...../ ........................... Dale of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence Personally Known with Paper Identification _ Paper Identification Credible W itness(es) Capacity of Signer, Trustee _. Power of Attorney CEO / CFO /COO President I Vice-President r Secretary / Treasurer Other Other Information. KR Thumbprint of Signer U rherk nerF,f no Ihrmrbpnni or fingerpnnl is available ASW POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company SL Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casually and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casually 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. 004083808 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. Paul Memory 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 law s 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 0. 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, recagnizances, 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 EREOF, the Comp rdeg have caused this instrument to be signed and their corporate seals to be hereto affixed, this February day 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 16th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casually and Surety Company of America United States Fidelity and Guaranty Company ensu., YY Okia Ea (0. 1977 g ;t\gBEL e Stale of Connecticut City of Hartford ss. By: Georg Thompson, ttce President On this the 16th day of February 2011 , 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. a In Witness Whereof, I hereunto se[ my hand and official seal. My Commission expires the 30th day of June, 7011. 58440 -4 -09 Printed In U.S.A. Marie C. Teneault. Naary Public CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION CONTRACT NO. 4609 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4609 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization I ,J r"Ve Dollars j��rtal�d and / Cents $ 50D. do Per Lump Sum9 2. Lump Sum Traffic Control f� lnJ and Od Cents $ Per Lump Sum 3. Lump Sum Surveying Services @ 7h 1 C5 T-1* T' CL6g n�� �(Gn�a� and KV Cents $ 3sT- ,S_60. Per Lump Sum PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4, 2,450 L.F. Remove and Construct P.C.C. Type A Curb and Gutter (W =24") @ TA; Seve Dollars and 1710 10 Cents $ 37• tlO $ i �$Q Per Linear Foot 5. 70 L.F. Remove and Construct P.C.C. Type B Curb @ 'rni TWp Dollars V) p and $ 3a. na $ a, a `�o 00 Per Linear Foot 6. 110 L.F. Construct P.C.C. Type B Modified (Variable Height) Retaining Curb @ Dollars and �7 Cents $ a (a s/) $ of Per Linear Fo 7. 3,200 S.F. Remove and Replace Drive Approach @ Dollars and �7 Cents $ "I /� • 0 $ 3Oi-7 Per Square Foo 8. 29 EA. Remove/ and Construct ADAAcciss�Ramp @1l✓e I rwullA�L� `t^r� ��Dollar and / V1 p Cents $ 3 ()!% Dv $ a, 7D0• Db Per Each 9. Lump Sum Remove and Replace Landscaping Hwdrej @ tya 74a/c W FI dollars and .140 Cents Per Lump Sum $ a, 90.0-0 $ Soo PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 10. 100 S.F. Remove and Replace Sidewalk @ rr��l Dollars (J $ �' (� $ oo (9-0 I and Cents S�v $ Q 55- . ®O $ Per Square Foot 11. 16,000 S.F. Remove and Construct 8" Thick P.C.C. Cross Gutter and /or Spandrel @ Dollars and 1Vi �Q�� Cents (J $ �' (� $ oo (9-0 Per Square F9— 12. 288,000 S.F. Cold Mill Variable Depth (0.00' to 0.25') @ ✓)U Dollars r and Ci I.Lin�B6n Cents $ I c� $ Per SquarevFoot 13. 10,000 S.F. Cold Mill Variable Depth (0.00' to 0.50') @ ✓) D Dollars and F k1 fJ ye Cents $ PJ $ I/ � do . 00 Per Squar Foot 14. 9,000 TN Construct AC Cap (Finish Course) @ Si-31Y- E 4� Dollars and o D Cents $ 6 . s� $ Q, Per Ton 15. 20 TN Remove AC Pavement and Construct AC Full Depth @fir,+ i j 1r Dollars and Irl D Cents Per Ton PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 120 TN Construct AC Leveling Course @ Y n /VI ra Dollars and J// 0D cl 4C7 Cents $ '1• $ _' / �Q Per Ton 17. 80 EA. Remove and Replace Existing Water Valve Box Frame and Cover and Adjust to Grade 07U0 r� lred r lflve bl D Cents $ �D0 ob Per Each 18. 61 EA. 19. 20 21 Adjust Sewer Manhole Frame and Cover to Grade @TWO &c DollaYs and A0 Cents $ 075 20 $ Per Each 5 EA. Remove and Replace Existing Sewer Main Cleanout Frame and Cover and Adjust to Grade @ S -� I �Vn1i�lLv F�'r'�Dollars and fir) Cents $ 6UV. Per Each 40 EA. Adjust Survey Monument Frame and Cover to Grade @-rte �Udr4 6'r� D Hers and C? Cents Per Each 27 EA. Remove and Reinstall Curb Drain OVI a'I Jffd P ollars �9 and Cents Per Each of $ - C 5-0, 06 $ ;650 0 $ N0� o� PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 355 L.F. Prune Tree Root and Install Root Barrier @ u✓Pnl ,'4 Dollars and VV? Cents $ Per Linear Foot 23. 30 TN Remove AC Pavement, Base and Subbase and Construct 4" AC Pavement Over 6" Aggregate Base @Me>jtd r&-fftDr('a� and Cents $ IQ �• �� Per Ton 24. Lump Sum Traffic Striping I• Q @7%"J Si,�Yl1LWA Dollars and ✓1 P Cents Per Lump Sum 25. Lump Sum Record Drawing/ As Built Plans @ o�e7��,sU�a FIVE, ��2e and VA 0 Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS pp IIII ,,II f One PI1il /i0e ?NIP #U&AeJ �OA4 9Ilan7 k-(GW1 St1( and JA () Cents MAY 31, 2011 Date (714) 637 -1550 / (714) 637 -6321 Bidders Telephone and Fax Numbers ,a30,Lo $37O.°= $ 1, Y00 o0 $ I aLf 7 (9 6,01 o6 Total Price (Figures) R.J. NOBLE COMPANY Bidder MICH C VER, PRESIDENT Vdder's Authorized Signature and Title 782908;A 15505 E. LINCOLN AVE., ORANGE, CA 92865 Bidder's License No(s). Bidders Address and Classification(s) Bidder's email address: JENNIFERDEIONGH @RJNOBLECOMPANY.COM 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 M Cl rd PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION CONTRACT NO. 4609 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 M Cl rd SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 4 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 5 6 -9 LIQUIDATED DAMAGES 5 6 -11 SEQUENCE OF CONSTRUCTION 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7 -7 COOPERATION AND COLLATERAL WORK 6 7 -8 PROJECT SITE MAINTENANCE 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 7 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 8 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 201 CONCRETE, MORTAR, AND RELATED MATERIALS 13 201 -1 PORTLAND CEMENT CONCRETE 13 201 -1.1.2 Concrete Specified by Class 13 201 -2 REINFORCEMENT FOR CONCRETE 13 201 -2.2.1 Reinforcing Steel 13 SECTION 203 BITUMINOUS MATERIALS 14 203 -6 ASPHALT CONCRETE 14 203 -6.1 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 14 300 -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 15 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 -5.5 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 308 -1 GENERAL SECTION 310 PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment and Spotting 310 -5.6.8 Application of Paint SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT 16 16 17 17 17 17 18 18 18 SP 1 OF 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS REHABILITATION �OF CONTRACT NO. 4609 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5999 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing raise pavement markers; (4) removing existing pavement; (5) removing existing sidewalk, curb, curb and gutter, cross gutter, driveway approaches, and curb access ramps; (6) grinding (cold mill), reconstructing and overlaying roadway; (7) constructing sidewalks, curb, curb and gutter, cross gutter, driveway approaches; curb access ramps; (8) pruning trees and installing tree root barriers; (9) adjusting utility and survey facilities; (10) installing traffic striping, pavement marks, curb painting, and raised pavement marking; (11) coordinating with outside utility owners to have facilities raised to grade and (12) other incidental items to be completed in work place required by the Plans and Specifications." SP2OF19 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is COAST SURVEYING, INC. and can be contacted at (714) 918 -6266. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments 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 -3.2 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. SP3OF19 (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS i5ai1L!il_114NG1 Wy_1DI611!it181 N: /i9I_1 i•li,9:Il 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. SP4OF19 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. 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 80 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1" (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24"', (Christmas Eve), December 25th (Christmas), and December 315` (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 4`h, SP5OF19 November 11th December 24th December 251h 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. 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 $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 SEQUENCE OF CONSTRUCTION. A. All concrete work items shall be completed and accepted prior to start of the adjacent roadway improvement work. B. Work on Irvine Avenue, Margaret Drive, Holly Lane and Laurel Lane are to be completed during the Summer before school starts in the Fall. School resumes on September 6, 2011. SP6OF19 SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 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.newportbeachca.gov /publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. SP7OF19 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The SP8OF19 Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by SP9OF19 the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT SP 10 OF 19 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Surveying Services: Work under this item shall include surveying including restoring all survey monuments and centerline ties disturbed, construction staking, and all other items as required to complete the work in place. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Item No. 4 Remove and Construct P.C.C. Type A Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, full depth AC slot patch (patch back), re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be 24 inches. Item No. 5 Remove and Construct P.C.C. Type B Curb: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb, full depth AC slot patch (patch back), re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. SP 11 OF 19 Item No. 6 Construct PCC Type B Modified (Variable Height) Retaining Curb: Work under this item shall include removing and disposing of existing improvements, compacting subgrade, constructing P.C.C. curb (w /rebar tied to new sidewalk), restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 7 Remove and Replace P.C.C. Driveway Approach: Work under this item shall include removing and disposing of the existing improvements, compacting subgrade, constructing P.C.C. driveway approach, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 8 Remove and Construct P.C.C. Access Ramp: Work under this item shall include removing and disposing of the existing improvements, compacting subgrade, constructing P.C.C. access ramp, full depth AC slot patch (patch back), restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 9 Remove and Replace Landscaping: Work under this item shall include removing and disposing of the existing improvements, irrigation system modifications, replacement of sod (tall fescue type grass), replacement & relocation of street sign and restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 10 Remove and Replace P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing improvements, compacting subgrade, constructing P.C.C. sidewalk, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 11 Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter and /or Spandrel: Work under this item shall include removing and disposing of the cross gutter and spandrels, subgrade compaction, placing crushed miscellaneous base, base compaction, constructing 8 -inch thick P.C.C. cross gutter, full depth AC slot patch (patch back), adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. For cross gutter replacement on Irvine Avenue and Cliff Drive, this work shall include the replacement of existing colored /stamped concrete in kind (w =24" min.). Item No. 12 Cold Mill Asphalt Pavement (Variable Dept — 0.0'— 0.25'): Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings, temporarily lowering vault lids, valve covers, sewer cleanouts, utility handholes and all other above ground utilities as necessary so that the area can be cold milled to the design depth in a continuous pass through the work area and all other work items as required to complete the work in place. SP 12 OF 19 Item No. 13 Cold Mill Asphalt Pavement (Variable Dept — 0.0'— 0.50'): Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings, temporarily lowering vault lids, valve covers, sewer cleanouts, utility handholes and all other above ground utilities as necessary so that the area can be cold milled to the design depth in a continuous pass through the work area and all other work items as required to complete the work in place. Item No. 14 Construct AC Cap (Finish) Course: Work under this item shall include constructing 2 -inch thick GP 64 -10 asphalt pavement overlay, tack coating and all other work items as required to complete the work in place. Item No. 15 Remove AC Pavement and Construct AC Full Depth: This item shall include removal and disposal of existing AC pavement, grading, subgrade and AC compacting, constructing a minimum full depth of 4" AC Base Course allowing for a 2" AC Finish Course, tack coating, and all other work items as required completing the work in place. If unauthorized removals expose wet subgrade conditions, the cost of all remedial work to bridge the pavement shall be borne by the contractor. Locations of dig -outs are shown on the plans or as directed by the City Inspector during construction. Item No. 16 Construct AC Leveling Course: Work under this item shall include all labor, tools, equipment, and material costs for pavement clearing, installing crack sealer, tack coating, a minimum 1" AC base leveling course placement, subgrade and leveling course compaction and all other work items as required to complete the work in place. Item No. 17 Remove and Replace Water Valve Box Frame and Cover and Adjust to Grade: Work under this item shall include removing and replacing the box frame and cover per CNB STD -511 -L and adjusting as necessary during paving operations and all other work items as required to complete the work in place. Item No. 18 Adjust Sewer Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 19 Remove and Replace Existing Sewer Main Cleanout Frame and Cover and Adjust to Grade: Work under this item shall include removing and replacing the frame and cover per CNB STD -511 -L and adjusting as necessary during paving operations and all other work items as required to complete the work in place. Item No. 20 Adjust Survey Monument Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operations Pull box frame and cover shall be per City of Newport Beach standards and all other work items as required to complete the work in place. SP 13 OF 19 Item No. 21 Remove and Reinstall Curb Drain: Work under this item shall include removing and reinstalling existing curb drains and all other work items as required to complete the work in place. Contractor shall provide all necessary fitting to match existing. Item No. 22 Prune Tree Root and Install Root Barrier: Work under this item shall include root pruning and disposal per Section 308 -1, removal and disposal of excess soil, providing and installing root barriers per Section 308 -1, restoring existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 23 Remove AC Pavement, Base and Subbase and Construct 4" AC Pavement Over 6" Aggregate Base: This item shall include removal and disposal of existing AC pavement, base and subbase, grading, subgrade and AC compacting, constructing 4" AC pavement over 6" aggregate base and all other work as required to complete the work in place. If unauthorized removals expose wet subgrade conditions, the cost of all remedial work to bridge the pavement shall be borne by the contractor. Item No. 24 Traffic Striping: Work under this item shall include installing traffic striping, pavement markers, curb painting and markings all other work items as required to complete the work in place. Item No. 25 Record Drawings /As Built Plans 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE SP 14 OF 19 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 203 - -- BITUMINOUS MATERIALS SECTION 203 -6 ASPHALT CONCRETE 203 -6.1 General. Delete the third paragraph in this section and replace with the following: "Asphalt Base Course shall be Type iii -B -2 PG 64 -10 (III- B2 -AR- 4000). Asphalt Surface Course shall be Type III -C -3 PG 64 -10 (III- C3 -AR- 4000). Asphalt binder shall comply with the Performance Grade specifications of 203 -1." SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: www/ newportbeachca .gov /generalservices and clicking on refuse, then selecting the link Franchised Haulers List." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. SP 15 OF 19 The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Approximate area of removal and replacement is 280,000 square feet." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." 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 -82 -AR -4000. All cracks '/< -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1 2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SP 16 OF 19 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 -5.5 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 shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644 -3083) at the site to discuss City standards and requirements. SP 17 OF 19 The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. 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. SP 19 OF 19 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." CERTIFICATE OF INSURANCE CHECKLIST CW of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6/21/2011 Dept. /Contact Received From: Shauna Oyler Date Completed: 6/22/2011 Sent to: Joel By: Ruby Company /Person required to have certificate: R. J. Noble Company 1. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty of America B. AM BEST RATING (A-: VII or greater): XV, A+ C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes F_Xj No O D. LIMITS (Must be $1 M or greater): What is limit provided? 51,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes F X] No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes F7X No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes No O 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. Will Mail 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Indemnity B. AM BEST RATING (A-: VII or greater) A +. VX C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes 0 No �X D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? 51.000.000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? NIA 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. Will Mail III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Indemnity Company B. AM BEST RATING (A-: VII or greater): A +, XV C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes a No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Policies expire 7/1/11 Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach XO Requires approval /exception /waiver by Risk Management Comments: Appro ed: n Risk Management * Subject to the terms of the contract. Date Yes OX No Mr- 11, M. L L--?- L ) Date Rooks, Shari From: Laurie Sylvester [Iylvester @patrisk.com] Sent: Thursday, June 23, 2011 11:22 AM To: Rooks, Shari Cc: Lisa Andrade Subject: R. J. Noble Company Shari, Confirming our conversation, R. J. Noble's Insurance Program comes up for renewal effective July 1, 2011. We are in the process of finalizing the renewal. As soon as we have authorization from the insured, certificates for the 7/1/2011 -12 policy term will be issued. Please contact our office if you have any questions. Regards, Laurie Sylvester, ARM, CIC, AAI Account Executive CV PATRIOT 8105 Irvine Center Dr., Suite 400 Irvine, California 92618 949.486.7914 Office Direct 949.486.7954 Fax Line 949.293.5838 Cell IsylvesterApatrisk.com www.patrisk.com APlease consider the environment before printing this e-mail. 1 AC® CERTIFICATE OF LIABILITY INSURANCE D6 /1ATEIM 7MI/OD2011 I11 PRODUCER (949)486 -7900 FAX: (949)486 -7950 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Patriot Risk and Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #OG55454 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 8105 Irvine Center Dr. #400 Irvine CA 92618 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A. Travelers Property Casualty 25674 R. J. Noble Company, Inc. INSURER B: Travelers Indemnity Company zs1 15505 Lincoln Ave. INSURER C: P O Box 620 k101 roco n. CA 92856 -9020 M1TaTJy- 7-Te[xN THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR NODTI 3300 Newport Blvd. Newport Beach, CA 92663 POLICY NUMBER POLICY EFFECTIVE D 7/1/2010 I POLICY EXPIRATION E IMMIDDIYYYY1 LIMITS A GENERALLIAMLITY C09322E893TILIO 7/1/2011 EACH OCCURRENCE FL-1, 000, 000 MERCIAL GENERAL LIABILITY PREM SES Ea occurtence S 300,000 MED EXP (Any one parson 5 5,000 CLAIMS MADE ❑X OCCUR PX$2'5,000 PERSONAL B ADV INJURY 5 1,000,000 Deductible GENERAL AGGREGATE I S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG S 2,000,000 POLICY X PRO_ LOC JECT B AUTOMOBILE LIABILITY ANY AUTO CAP9322B42610 o Deductible for Auto 7/1/2010 7/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 11000,000 X BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS Liability X BODILY INJURY (Peracddant) $ HIRED AUTOS NON ORMED AUTOS X X PROPERTY DAMAGE (Per ecdaen0 S $1,000 Comp. Dad. X $1,000 Coll. Ded. GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESS I UMBRELLA LIABILITY TJSMCUP9323B46010 7/1/2010 7/1/2011 EACH OCCURRENCE S 10,000,000 X OCCUR FI CLAIMS MADE IV (Policy Follows Form Over AGGREGATE S 10, 000,000 S nderlying General Lint. S DEDUCTIBLE olicy $ RETENTION 5 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE❑ TJUH9323011010 No Deductible for 7/1/2010 7/1/2011 X NC STI 'T OTH- ER E.L. EACH ACCIDENT 5 11000,000 OFFICERIMEMSER EXCLUDED? (Mandatory In NH) Workers Compensation E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 II yes, desuite under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IEXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Rer RJN 091325 Harbor View Hills 6 Newport Heights Pavement Rehabilitation Contract No. 4609 City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers are named Additional Insured, Primary 6 Non - Contributory and waiver of Subrogation as respects to General and Auto Liability per endorsements CG2010 0704, CG2037 0704, CGD3160704, CA2048 0299 and CAT3530609 attached where required by written contract. Workers Compensation Waiver of Subrogation applies per endorsement WC99037600 attached. -10 day notice of CERTIFICATF wni r1FR r.GNRFI I GTIr)N ACORD 25 (2009/01) If 1988 -2009 AGURU CORPORATION. All fights reserved. INS025 (200901) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL KXKVO4X(XMAIL *30 DAYSWRITTEN Public Works Specialist Public Works Department Attn: Shauna Lyn Oyler NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,(x�{I(($(�L,1( K# dX�a���XXa1( DHCJ(X JBD4AHH6 )iY1€XMJkk¢iCX�C3&�Jas�oli 3300 Newport Blvd. Newport Beach, CA 92663 AUTHORRED REPRESENTATIVE Leonard Ziminsky /LISA ACORD 25 (2009/01) If 1988 -2009 AGURU CORPORATION. All fights reserved. INS025 (200901) The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. RK07:AS9.] INS025 (2009011 COMMENTS/REMARKS cancellation in the event of non - payment of premium. A OFREMARK COPYRIGHT 2000, AMS SERVICES INC. R.J. Noble Company, Tnc. POLICY NUMBER: C0932213893TIL10 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations City of Newport Beach, its elected or appointed Re: RJN #91325 officers, agents, officials, employees, and volunteers Harbor View Hills & Newport Heights Pavement Rehabilitation Contract No. 4609 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a prin- cipal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 13 R.J. Noble Company, Inc. POLICY #C09322B893TIL1 0 CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. � !� C d r. ,•. � , a, 'r �_ � I �; �'; , � I �F [ex(t, F ' f _ I � , ' I iii This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers Location And Description Of Completed Operations Re: RJN #91325 Harbor View Hills & Newport Heights Pavement Rehabilitation Contract No. 4609 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work' at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". CG 20 37 07 04 CG D3 16 07 04 R.I. Noble Company, Inc. POLICY# C0932213893TIL 10 Page 1 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. � f•� � 1 I �' f`Z r � l•) � � ! L_ I �I �,� � A .I (I,� 111, I � t � This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — Provisions A, -H. and J, -N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Extension of Coverage — Damage To Premises Rented To You • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured — Managers or Lessors of Premises E. Incidental Medical Malpractice F. Extension of Coverage — Bodily Injury G. Contractual Liability — Railroads H. Additional Insured — State or Political Subdivisions I. Other Insurance Condition J. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day K, Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal Injury — Assumed by Contract N. Blanket Additional Insured — Lessor of Leased Equipment PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declarations is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture or limited liability company, of which you maintain ownership or in which you maintain the majority interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. 3. This Provision A. does not apply to any person or organization for which coverage is excluded by endorsement. B. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU CG D3 16 07 04 Page 2 of 6 The last paragraph of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section — Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire; explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section III Limits Of Insurance, 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage' to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage' proximately caused by the same 'occurrence ", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured contract' (DEFINITIONS — Section V) is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that" indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract'; 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work "; or "your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you before the 'bodily injury" or "property damage' occurs or the "personal injury" or "advertising injury" offense is committed. D. BLANKET ADDITIONAL INSURED —MANAGERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, executed before the "bodily injury" or "property damage' occurs or the "personal injury" or "advertising injury" offense is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: CG D3 16 07 04 Page 3 of 6 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the written contract, or the limits shown on the Declarations, whichever are less. 2. The insurance afforded to the additional insured does not apply to: a. Any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an offense which is committed, after you cease to be a tenant in that premises; b. Any premises for which coverage is excluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional insured is excess over any valid and collectible "other insurance" available to such additional insured, unless you have agreed in the written contract that this insurance must be primary to, or non - contributory with, such "other insurance ". E. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to paragraph 1. Insuring Agreement of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages): "Bodily injury" arising out of the rendering of, or failure to render, the following will be deemed to be caused by an "occurrence ": a. Medical, surgical, dental, laboratory, x -ray or nursing service, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services." As used in this Provision E., "Good Samaritan services" are those medical services rendered or provided in an emergency and for which no remuneration is demanded or received. 2. Paragraph 2.a.(1)(d) of WHO IS AN INSURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their employment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employment by you. 3. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages): (This insurance does not apply to:) "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by or with the knowledge or consent of the insured. 4. For the purposes of determining the applicable limits of insurance, any act or omission together with all related acts or omissions in the furnishing of the services described in paragraph 1. above to any one person will be deemed one "occurrence ". 5. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The insurance provided by this Provision E. shall be excess over any valid and collectible "other insurance" available to the insured, whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. F. EXTENSION OF COVERAGE — BODILY INJURY The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the following: "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. G. CONTRACTUAL LIABILITY — RAILROADS 1. Paragraph c. of the definition of "insured contract" (DEFINITIONS — Section V) is deleted and replaced by the following: CG D3 16 07 04 Page 4 of 6 c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" (DEFINITIONS — Section V) is deleted. H. ADDITIONAL INSURED —STATE OR POLITICAL SUBDIVISIONS —PERMITS WHO IS AN INSURED (Section II) is amended to include as an insured any state or political subdivision, subject to the following provisions: 1. This insurance applies only when required to be provided by you by an ordinance, IoW or building code and only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage," "personal injury" or "advertising injury" arising out of operations performed for the state or political subdivision; or b. "Bodily injury" or "property damage" included in the "products- completed operations hazard ". I. OTHER INSURANCE CONDITION A. COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 4. (Other Insurance) is deleted and replaced by the following: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insurance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance ", whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (4) If the loss arises out of the maintenance or use of aircraft, "autos ", or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; or (5) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other insurance" has a duty to defend the insured against that "suit ". If no provider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance ". When this insurance is excess over "other insurance ", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under that "other insurance ". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insurance provision. c. Method Of Sharing CG D3 16 07 04 Page 5 of 6 If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all providers of insurance. B. The following definition is added to DEFINITIONS (Section V): "Other insurance ": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: (1) Another insurance company; (2) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5 of LIMITS OF INSURANCE (Section III) or the Non cumulation of Personal and Advertising Injury limit sections of Paragraph 4 of LIMITS OF INSURANCE (Section III) applies; (3) Any risk retention group; (4) Any self- insurance method or program, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk management method. b. Does not include umbrella insurance, or excess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. J. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section I — Coverages) are amended as follows: 1. In paragraph 1.b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. K. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Occurrence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your> "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. 2. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice of the "occurrence" or offense to us as soon as practicable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the "occurrence" or offense may involve this policy. 3. This Provision K. does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, release or escape of "pollutants" that causes "bodily injury" or "property damage" which may otherwise be covered under this policy, L. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you which we relied upon CG D3 16 07 04 Page 6 of 6 in issuing this policy shall not prejudice your rights under this insurance. However, this Provision L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regulations. M. PERSONAL INJURY— ASSUMED BY CONTRACT 1. The following is added to Exclusion e. (1) of Paragraph 2., Exclusions of Coverage B. Personal Injury, Advertising Injury, and Web Site Injury Liability of the Web XTEND Liability endorsement: Solely for the purposes of liability assumed in an "insured contract ", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal injury" provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract "; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2,d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section I — Coverages) is deleted and replaced by the following: d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; 3. The third sentence of Paragraph 2 of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section I — Coverages) is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, or the provisions of Paragraph 2.e.(1) of Section I — Coverage B — Personal Injury, Advertising Injury And Web Site Injury Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage ", or damages for "personal injury", and will not reduce the limits of insurance, 4. This provision M. does not apply if coverage for "personal injury" liability is excluded by endorsement. N. BLANKET ADDITIONAL INSURED —LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section It) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, executed before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed, to name as an additional insured, but only with respect to their liability for "bodily injury", "property damage ", "personal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such additional insured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the written contract, or the limits shown on the Declarations, whichever are less. 2. The insurance afforded to the additional insured does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an offense which is committed, after the equipment lease expires. 3. The insurance afforded to the additional insured is excess over any valid and collectible "other insurance" available to such additional insured, unless you have agreed in the written contract that this insurance must be primary to, or non - contributory with, such "other insurance ". CG D3 16 07 04 Privacy I Legal Notices 02008 The Travelers Companies. Inc. R. J. Noble Company Policy # CAP9322842610 CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. 6N:I:I§l1A9 Name of Person(s) or Organization(s): City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Policy #CAP9322B42610 COMMERCIAL AUTO R.J. Noble Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph AA., Who Is An Insured, of SECTION It — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section I. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION 11 — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 06 09 ® 2009 The Travelers Companies. Inc. Page 1 of 4 Includes the copyrighted material of Insurance services Office, Inc. with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS The following replaces Paragraph A.2.a,(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph e. in Para- graph B.7., Policy Term, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDITIONS: e. Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an' "auto" you lease, hire, rent or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (1) With respect to any claim made or "suit" brought outside the United Slates of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (a) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions. (b) Neither you nor any other in- volved "insured" will make any settlement without our consent. (c) We may, at our discretion, par- ticipate in defending the "insured" against, or in the settlement of, any claim or "suit ". (d) We will reimburse the "insured ": (i) For sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE; (ii) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit ", but only up to and included within the limit de- scribed in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE, Page 2 of 4 © 2009 The Travelers companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 002711 and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (3) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (4) It is understood that we are not an admit- ted or authorized insurer outside the United Stales of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. COMMERCIAL AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for 'loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured "; and (2) In or on your covered "auto ". This coverage applies only in the event of a total theft of your covered "auto ". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally Inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident' or 'loss" ap- plies only when the "accident' or "loss" is known to: (a) You (if you are an individual); CA T3 53 06 09 m 2009 The Travelers Companies, Inc. Page 3 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss ". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- e o a ®_ m a o= o tent required of you by a written contract signed and executed prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non - renewal. Page 4 of 4 © 2009 The Travelers Companies. Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 002712 WC 99 03 76 00 R. J. Noble Company Policy #VTJUB9323B11010 l��, a I (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 .0 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER WC 99 03 76 00 Job Description CITY OF MV COUNC1 SEW PORT CITY OF NEWPORT 5 NEWPORT BEACH �u41 1 d 1111 r cy °M��r City Council Staff Report RE U- MIN WE Agenda em o. June 14, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer APPROVED: TITLE: HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION - AWARD OF CONTRACT NO. 4609 ABSTRACT: In accordance with the City's Pavement Management Plan, staff has received construction bids for the Harbor View Hills South & Newport Heights Pavement Rehabilitation project and is requesting City Council's approval to award the work to R.J. Noble Company. RECOMMENDATION: 1. Approve the project drawings and specifications. 2. Award Contract No. 4609 to R.J. Noble Company for the Total Bid Price of $1,247,650, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $125,000 (10 %) to cover the cost of unforeseen work not included in the original contract. 4. Approve Budget Amendment No. 11- _ transferring $202,000 from Account No. 7281- C2002024 to Account No. 7281- C2002039. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding in the following accounts for the award of this contract. The following funds will be expensed: Harbor View Hills South & Newport Heights Pavement Rehabilitation —Award of Contract No. 4609 June 14, 2011 Page 2 Account Description Measure M Turnback Water Enterprise Wastewater Enterprise Proposed uses are as follows: Vendor R.J. Noble Company R.J. Noble Company Harrington Geotechnical Various DISCUSSION: Account Number 7281- C2002039 7511- C2002039 7531- C2002039 Total Purpose Construction Contract Construction Contingency Geotechnical Printing & Incidentals Total: Amount $ 1,344,547.00 $ 22,500.00 $ 26,500.00 $ 1,393,547.00 du..1i $ 1,247,650.00 $ 125,000.00 $ 19,397.00 $ 1,500.00 $ 1,393,547.00 At 10:00 A.M. on May 31, 2011 the City Clerk opened and read the following two bids for this project: BIDDER TOTAL BID AMOUNT Low R.J. Noble Company $1,247,650.00 2nd EBS General Engineering, Inc. $1,263,940.00 3rd All American Asphalt $1,316,174.00 4th Sequel Contractors, Inc. $1,363,080.00 5th Hillcrest Contracting $1,438,055.00 6th Palp, Inc. DBA Excel Paving Company $1,473,031.25 The low total bid amount is 5 percent below the Engineer's Estimate of $1,318,700. The low bidder, R.J. Noble Company possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. The work necessary to complete this contract consists of distributing construction notices to affected businesses and residents, construction surveying, removing existing pavement, reconstructing sidewalks, curb and gutter, cross gutters, driveway approaches, curb access ramps, pruning trees and installing tree root barriers, adjusting utility and survey facilities, and other incidental items of work necessary to complete the work in place. Pursuant to the Contract Specifications, the Contractor will have 80 consecutive working days to complete the work. Harbor View Hills South & Newport Heights Pavement Rehabilitation — Award of Contract No. 4609 June 14, 2011 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (c) (minor alterations of existing public facilities with negligible expansion of the facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The Notice Inviting Bids for this project was advertised in the City's official publication and in construction industry publications. Ten days prior to starting work, a City prepared notice will be distributed by the contractor to residents within the project limits advising them of the pending work. Additionally, a second notice will be distributed by the contractor to residents two days before work will start adjacent to their property. Submitted by: btepnen aaum PubliQMopKs Director Attachments: Project Location Maps tin yFl�F!o �P�'� Q� CREeki ` MgNS SAN JOAOUIN HILLS ROAD (.off 1-1 "p: P,� ..S O,p".- (p�T�'�l <�R CATAMARAN DR y EPO� �m OCEANP BI j C Y �� a INS T p v c^ DR ,a- R BLUE � � � t v v OA (PVT - C5 VT) m g '� n Lo �r C3 Gi cf �g oQ PQ� v ° C7 OGA Q � JASMINE c O�� VIEN G (PVT) WHITEWAZER HARBOR VIEW HILLS SOUTH II � z II! n ,�1 q �e z�'ON �G G O Ov z v c� o PREMAFRE POINT (PVT) T 9, �A L� J G� S Na 0, HARBOR VIEW HILLS SOUTH & CITY OF NEWPORT BEACH NEWPORT HEIGHTS PAVEMENT REHABILITATION PROJECT PUBLIC WORKS DEPARTMENT LOCATIONS LOCATION MAP DATE 9/14/101 SCALE N.T.S SHT I OF 1 DRAWN AC I C -4609 �P P O JF 2P �U / �K 5 e a F HARBOR VIEW HILLS SOUTH & CITY OF NEWPORT BEACH NEWPORT HEIGHTS PAVEMENT REHABILITATION ®PROJECT PUBLIC WORKS DEPARTMENT LOCATIONS LOCATION MAP DATE. 9/14/101 SCALE N.T.S SHT OF DRAWN AC I C -4609 C � of Newport Beach NO. BA- 11BA -045 BUDGET AMENDMENT 2010 -11 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $202,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance To transfer expenditure appropriations from the Tustin Avenue /Avon Street Rehabilitation account to the Harbor View Hills Pavement Rehabilitation to cover costs related to the awarding of contract number 4609 to R.J. Noble Company. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Signed: 0 Financial Signed: Signed: e'er �I Administrative Services Director Approval: City Council Approval: City Clerk Amount Debit Credit $202,000.00 $202,000.00 4.i.II Date h/ 11 Date Date Description Division Number 7281 Measure M - Turnback Account Number C2002024 Tustin Avenue /Avon Street Rehabilitation Division Number 7281 Measure M - Turnback Account Number C2002039 Harbor View Hills Pavement Rehabilitation Division Number Account Number Division Number Account Number Signed: 0 Financial Signed: Signed: e'er �I Administrative Services Director Approval: City Council Approval: City Clerk Amount Debit Credit $202,000.00 $202,000.00 4.i.II Date h/ 11 Date Date