HomeMy WebLinkAboutC-9381-1 - Orange County Pavement Maintenance at Irvine Ave and Campus Dr.W
ORANGE COUNTY PAVEMENT MAINTENANCE AT IRVINE AVE & CAMPUS DR.
CS" CONTRACT NO.9381-1
U THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 2nd day
of August, 2023 ("Effective Date"), 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"), whose address is 15505 East Lincoln Avenue,
Orange, CA 92865, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. The County of Orange ("County") is administering a pavement maintenance project
on Irvine Avenue and Campus Drive along the boundary between the City and
County, to be carried out by Contractor on the County's side of the street, and the
City desires that Contractor continue the pavement maintenance services on the
City's side of the street concurrently with the County project, but according to the
standard specifications and plans set forth herein, in order to maintain consistency
and repave the entire width of these arterials.
C. This Contract is for the following described public work: Pavement maintenance
on Irvine Avenue and Campus Drive on the City's side of the street located along
the City/County boundary line, concurrently with the work being performed on the
County's side of the street (the "Project" or "Work").
D. Contractor was selected by County pursuant to a competitive bid process
administered by the County in compliance with the California Public Contract
Code, and the compensation set forth in this Contract, is based upon Contractor's
careful examination of all Contract documents, plans and specifications set forth
herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Standard Specifications for Public Works Construction (current adopted edition and all
supplements), Plans (Exhibit A), this Contract, and all modifications and amendments
thereto (collectively the "Contract Documents"), all of which are incorporated herein by
reference. 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.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment and all utility
and transportation services required for the Project. All of the Work to be performed and
materials to be furnished shall be in strict accordance with the provisions of the Contract
Documents. Contractor is required to perform all activities, at no extra cost to City, which
are reasonably inferable from the Contract Documents as being necessary to produce
the intended results.
3. COMPENSATION
3.1 As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of One Hundred Eighteen Thousand Eight Hundred Sixty
Two Dollars and 20/100 Cents ($118,862.20), in accordance with the Billing Rates set
forth in Exhibit B hereto.
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 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, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
4. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated Steven Mendoza to be its Project
Manager. Contractor shall not remove or reassign the Project Manager without the prior
written consent of City. City's approval shall not be unreasonably withheld.
5. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Public Works
Director, or designee, shall be the Project Administrator and shall have the authority to
act for City under this Contract. The Project Administrator or designee shall represent
City in all matters pertaining to the Work to be rendered pursuant to this Contract.
R.J. Noble Company Page 2
6. NOTICE OF CLAIMS
6.1 Unless a shorter time is specified elsewhere in this Contract, before making
its final request for payment under the Contract Documents, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, Contractor shall be
required to file any claim Contractor may have against City in strict conformance with the
Government Claims Act (Government Code 900 et seq.).
6.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq.).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
7.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: Public Works Director
City of Newport Beach
Public Works Department
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
R.J. Noble Company Page 3
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Steven Mendoza
R.J. Noble Company
15505 E. Lincoln Ave.
Orange, CA 92865
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit D and incorporated herein by reference; and
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the total amount to be paid Contractor as set forth in this Contract and in the form
attached as Exhibit C and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment 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, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a 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.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
R.J. Noble Company Page 4
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
12. 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 or for other periods as specified in the Contract Documents, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit E, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the services to be provided
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Contractor.
Control means fifty percent (50%) or more of the voting power or twenty-five percent
(25%) or more of the assets of the corporation, partnership or joint -venture.
14. PREVAILING WAGES
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.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
R.J. Noble Company Page 5
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of the
Project by Contractor, or its subcontractors, or its workers, or anyone employed by either
of them.
16.2 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 Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers (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, attorneys'
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, reckless, 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 for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
R.J. Noble Company Page 6
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 Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 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.
16.7 Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for above.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Contract, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
18.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Contract by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
R.J. Noble Company Page 7
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days' prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
up to the effective date of termination for which Contractor has not been previously paid.
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
R.J. Noble Company Page 8
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
20.10 No Attorney's Fees. In the event of any dispute or legal action arising under
this contract, the prevailing party shall not be entitled to attorneys' fees.
20.11 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
21. 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.
22. 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.
23. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct and
are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
R.J. Noble Company Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:!L/Z�
By: pia)
a on C. Harp
City Attorney S�Z/Z3
ATTEST: �
Date: U• �� ��
r
Brown
City Clerk
CITY OF NEWPORT BEACH,
a Californ a m icipal corporation
Date: 2
By: 4---?
Gr K. Leung
CofManager
CONTRACTOR: R.J. NOBLE COMPANY,
a Calif i corporation
Date:��
By:
Austin er
Chief e utive Officer
Date: Qdb'9dA%-1 "22
�,
By:
Jacob Br to e
Secret ryI _:::�)
[END OF SIGNATURES]
Attachments: Exhibit A — Plans
Exhibit B — Billing Rates
Exhibit C — Labor and Materials Payment Bond
Exhibit D — Faithful Performance Bond
Exhibit E — Insurance Requirements
R.J. Noble Company Page 10
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validityof that document.
State of California
County of ORANGE
On 08/03/2023
personally appeared
before me, JDEIONGH, NOTARY PUBLIC
AUMN M. CARVER Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed
to the within instrument and acknowledged to me that he/fey executed the same in his/hef/heir
authorized capacity(ies), and that by his/ha;Ah4 r signature(&) on the instrument the person(s), or the entity
upon behalf of which the personW acted, executed the instrument.
J. DEIONGN
\yF
Notary Public •California
x >
Orange County
Corrimiss+on # 2307441
Cxpires Oct 28, 2023
Miy Comm.
Place Notary Seal and/or Stamp Above
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
Signature of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended 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:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
O Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
®�eGoa
02018 National Notary Association
CALIFORNIA ACKNOWLEDGMENT
>�g�e9ol�Aoi
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validityof that document.
State of California 1
County of nRANs'F T
On 08/03/2023
personally appeared
before me, J. DEIONGH, NOTARY PUBLIC
JACOB BREEDLOVE Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personH whose name(s) is/afe subscribed
to the within instrument and acknowledged to me that he/fey executed the same in his/e+r
authorized capacity(ies), and that by his/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(&) acted, executed the instrument.
J. DEIONGH
Notary public - California
Orange County n
Commission 2307441
;ply Comm. Expires Oct H 2023
Place Notary Seal and/or Stamp Above
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.
av����
Signature
Signature of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to on unintended 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:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
02018 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
EXHIBIT A
R.J. Noble Company Page A-1
EXHIBIT A
PLANS
This project involves grinding and overlaying the asphalt pavement at the intersections of Bristol Street
North and Bristol Street South at Campus Drive. Irvine Avenue from Monte Vista Avenue to Mesa Drive
will also be slurry sealed. Affected utilities will be adjusted to the new pavement grade. Traffic signal loops
will be re -installed and the pavement will be restriped. The County of Orange is the lead agency for this
project. The City will enter into a contract with the County's contractor, RJ Noble Company, to complete
the improvements within the City's jurisdiction.
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R.J. Noble Company Page B-1
EXHIBIT B
BILLING RATES
ITEM #
ITEM DESCRIPTION
ESTIMATED
UNIT
UNIT
TOTAL
QTY
PRICE
PRICE
01001
Cold Milling
1500
SY
$3.30
$4,950.00
01002
Tack Coat
80
GAL
$5.00
$400.00
01003
ARHM Overlay
160
TON
$150.00
$24,000.00
01004
RAP Aggregate Microsurfacing
90
TON
$475.00
$42,750.00
01005
Rock Dust Blotter
2
TON
$65.00
$130.00
01006
Remove Striping
4,700
SF
$2.25
$10,575.00
01007
6" Striping
14,000
LF
$0.45
$6,300.00
01008
8" Striping
200
LF
$0.60
$120.00
01009
12" Striping
1,900
LF
$1.50
$2,850.00
01010
Pavement Markings
1,600
SF
$1.80
$2,880.00
01011
Type G One Retroreflective
76
EACH
$4.70
$357.20
01012
Loop Detector
10
EACH
$520.00
$5,200.00
01013
Adjust Storm Drain Manhole to
4
EACH
$700.00
$2,800.00
Grade
01014
Adjust Sewer Manhole to
2
EACH
$700.00
$1,400.00
Grade
01015
Remove and Replace City
6
EACH
$350.00
$2,100.00
Water Valve
01016
Remove and Replace IRWD
3
EACH
$2,500.00
$7,500.00
Water Valve
01017
Remove and Replace MCWD
1
EACH
$350.00
$350.00
Water Valve
01018
Asphalt with Petromat
140
TON
$20.00
$2,800.00
Removal
01019
Bond
1
LS
$1,400.00
$1,400.00
TOTAL
$118,862.20
Executed in Duplicate
EXHIBIT C
CITY OF NEWPORT BEACH
BOND NO. 30176630
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to R.J.
Noble Company hereinafter designated as the "Principal," a contract for Pavement
maintenance on Irvine Avenue and Campus Drive on the City's side of the street located
along the City/County boundary line, concurrently with the work being performed on the
County's side of the street, in the City of Newport Beach, in strict conformity with the
Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract 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,
Western Surety Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One
Hundred Eighteen Thousand Eight Hundred Sixty Two Dollars ($118,862.20) lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount payable by the City of Newport Beach under the terms of the Contract; for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 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
R.J. Noble Company Page C-1
required by and in accordance with the provisions of Sections 9500 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 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 3rd day of August , 2023 .
R.J. NOBLE COMPANY
Name of Contractor (Principal)
Western Surety Company
Name of Surety
2 Park Plaza, Suite 400
Irvine, CA 92614
Address of Surety
949-399-4970
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 5�/ ` i /Z
►n C. Harp B-ZI - Z3 WC,
Attorney
X-
Auth ize nature/Title
JACOB BREEDLOVE, SECRETARY
Aw W6rized"Agnt Signature
James Scott Salandi, Attorney -in -fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
R.J. Noble Company Page C-2
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
t��ees�eE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validityof that document.
State of California
County of QRAN(,F
On
08/04/2023 J. DEIONGH, NOTARY PUBLIC
a e before me, JACOB BREEDLOVE Here Insert Name and Title of the Officer
personally appeared
Names) of Signer(s)
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/sheA" executed the same in his heF/t„er
authorized capacity(ies), and that by his/htar4hai signature( on the instrument the person(s), or the entity
upon behalf of which the persons) acted, executed the instrument.
-o: r
J. DEIONGH
I certify under PENALTY OF PERJURY under the
laws the State California that the foregoing
Notary Public -California
of of 9
Orange County n
paragraph is true and correct.
`O
Commission 2307441
ti1y
Comm Expires oct 28, 2023
WITNESS my hand and official seal.
Signature
Place Notary Seol and/or Stamp Above Signature of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to on unintended 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:
o Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
020118 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Bernardino
On , 24 before me, Tina Downey, Notary Public ,
(Here Insert name and title of the officer)
personally appeared James Scott Salandi
who proved to me on the basis of satisfactory evidence to be the personN whose
nameN is re subscribed to the within instrument and acknowledged to me that
e she/they executed the same in hi her/their authorized capacity0eq, and that by
is her/their signatureMon the Instrument the person, or the entity upon behalf of
which the personXacted, 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.
°F> TINA DC`NNc
WITNESS my hand and official seal.
P5�>
W Notary P biic Caiifornia
�� .-
_ san de narcino Countv >_
Commission = 2383319
My Comm. Expires Nov 21, 2025�
:sew a
Not blic Signat re (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Tide or description of attached document)
(Tide or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
121 Attorney -in -Fact
❑ Trustee(s)
❑ Other
LJ I J Version 040-973-93Gb
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statztles regarding notary wording and
if needed, should be completed and attached to the document. Acknohvedgents from
other states mats be completed,for documents being sent to that state so long as the
wording does not require the California notary to violate California notary laiv.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-tN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue ofthe signature and seal herein affixed hereby make,
constitute and appoint
James Scott Salandi, Leonard Ziminsky, David .Jacobson, Individually
of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders ofthe corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 24th day of June, 2021.
Er> 1 WESTERN SURETY COMPANY
-
aul T. Bruflat, Vice President
State of South Dakota 1
iI
County ofMmnehaha ss
On this 24th day of June, 2021, before me personallycame Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be
the ant and deed of said corporation.
My commission expires
M.BENT ~
NOTARY PUBLIC
March 2, 2026 SEAL SOUTH DAKOTA SEAL f
M. Bent, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,
and further certify that the By -Law ofthe corporation printed on the reverse hereof's still in force. In testimony whereof I have hereunto subscribed my name
and affixed the seal of the said corporation this 31AW
of -2Z Z3
A4%-- ---- --= WESTERN SURETY COMPANY
�e�pPpCNgj.�v`
c Dy
=N:
;Zt
L. Nelson, Assistant Secretary
Form F4280-7-2012
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. 30176630
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $
rate of $ N/A
N/A
Executed in Duplicate
being at the
thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to R.J.
Noble Company hereinafter designated as the "Principal," a contract for Pavement
maintenance on Irvine Avenue and Campus Drive on the City's side of the street located
along the City/County boundary line, concurrently with the work being performed on the
County's side of the street, in the City of Newport Beach, in strict conformity with the
Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
OW, THEREFORE, we, the Principal, and Western Surety Company
, duly authorized to
tran act business under the laws of the State of California as Surety (hereinafter
"S rety"), are held and firmly bound unto the City of Newport Beach, in the sum of One
Hundred Eighteen Thousand Eight Hundred Sixty Two Dollars ($118,862.20) lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount of the Contract, to be paid to the City of Newport Beach, its successors, and
assigns; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
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 City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
R.J. Noble Company Page D-1
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 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 City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 3rd day of August ,2023
R.J. NOBLE COMPANY
Name of Contractor (Principal)
Western Surety Company
Name of Surety
2 Park Plaza, Suite 400
Irvine, CA 92614
Address of Surety
949-399-4970
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: >?/zL_1/�3
By: �')' � ot o
ron C. Harp Y - z) - 73 WC.
City Attorney
James Scott Salandi, Attorney -in -fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
ACKNOWLEDGMENT
R.J. Noble Company Page D-2
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
"HWEN WN
A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _DRANGE
On
08/04/2023 before me, J. DEIONGH, NOTARY PUBLIC
Date JACOB BREEDLOVE Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personH whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/5beA" executed the same in hisiherAhe+r
authorized capacity(ies), and that by his/berltheir signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
certi
fy under PENALTY OF PERJURY under the
fy
iota oPae �o,23D7�4 laws of the State of California that the foregoing
sson 2 5 paragraph is true and correct.
t Garr es Gct 28
x Go F xp a^33 -
N�y� �a.��= WITNESS my hand and official seal.
Signature
Place Notary Seal and/or Stamp Above SigYoture of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended 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:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
02018 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Bernardino
On Z3 before me, Tina Downey, Notary Public ,
(Here Insert name and title o the officer)
personally appeared James Scott Salandi ,
who proved to me on the basis of satisfactory evidence to be the personN whose
nameN is re subscribed to the within instrument and acknowledged to me that
e she/they executed the same in hi her/their authorized capacity(N, and that by
i)her/their signatureMon the instrument the person, or the entity upon behalf of
which the personKacted, 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.
E>
:Notary 'r -1NA 00wNEY
WITNESS my hand and official seal. x
\ hiic • California
ham. -'' San oernarcino County
z s" Commission = 2383319
My Comm. Expires ,Nov 21, 2025
Not ry ublic Signature U (Notary Public 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
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
0 Attorney -in -Fact
❑ Trustee(s)
❑ Other
2,,:- `V G t -
'J 1 :) CI JIUI II 4''i Yl'�.!V V:dl j�li IGIJJCS.��UI f { 80V O U-O J-y UUJ
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies ivith current California statutes regarding notary wording and
if needed. should be completed and attached to the document. Acknohvedgenis f •om
other states may be completed for documents being sent to that state so long as the
wording does not require the California notary to violate California notary laiv.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
tie/she/they;- is lase ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seat 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 title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the si.-ned document with a staple.
EXHIBIT E
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of 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, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees
to provide insurance in accordance with requirements set forth here. If Contractor
uses existing coverage to comply and that coverage does not meet these
requirements, Contractor agrees to amend, supplement or endorse the existing
coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. 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 employee for bodily injury by accident and each employee for bodily
injury by disease 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 California law 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 certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its elected or appointed officers, agents,
officials, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, 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) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
R.J. Noble Company Page E-1
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of 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.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. 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.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its elected or appointed officers, agents, officials, employees and
volunteers shall be included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees and
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days' notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
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 other
endorsements as specified herein for each coverage. All of the executed
R.J. Noble Company Page E-2
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Contract. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its
behalf. At least fifteen (15) days prior to the expiration of any such policy,
evidence of insurance showing that such insurance coverage has been
renewed or extended shall be filed with the City. If such coverage is
cancelled or reduced, Contractor shall, within ten (10) days after receipt of
written notice of such cancellation or reduction of coverage, file with the City
evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any time
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A 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. If the Contractor maintains higher
R.J. Noble Company Page E-3
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self -insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self -insured
retention, the self -insured retention must be declared to City. City may
review options with 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.
G. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence
of insurance is provided. Any amounts paid by City shall, at City's sole
option, be deducted from amounts payable to Contractor or reimbursed by
Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
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 agreement relating to City or its operations limits the application of
such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
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K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
R.J. Noble Company Page E-5
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