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Home My WebLink AboutC-6269 - 2017-2018 Streetlight ImprovementOctober 8, 2020 Eleenor Belco Electric, Inc. Attn: John Wong 14320 Albers Way Chino, CA 91710 Subject: 2017-2018 Streetlight Improvement Project— C-6269 Dear Mr_ Wong: On October 8, 2019, 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 65 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 October 10, 2019 Reference No. 2019000395463. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 9295305. Enclosed is the Faithful Performance Bond. Sincer ly, d s r Leilani I. Brown, MMC City Clerk Enclosure C11 %zE �1EWPORT BEACH 100 Civic Center Drive ``rJewport Beach, California 92660 949-644-3005 1 949 644-3039Fnr. C`4<Ir newportbeachca.gov pRR�P"C October 8, 2020 Eleenor Belco Electric, Inc. Attn: John Wong 14320 Albers Way Chino, CA 91710 Subject: 2017-2018 Streetlight Improvement Project— C-6269 Dear Mr_ Wong: On October 8, 2019, 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 65 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 October 10, 2019 Reference No. 2019000395463. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 9295305. Enclosed is the Faithful Performance Bond. Sincer ly, d s r Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 9295305 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 168o oo , being at the rate of $ 3.87/Tiered Rate per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Elecnor Belco Electric, Inc. hereinafter designated as the "Principal," a contract for mobilization; providing traffic control; distributing construction notifications; concrete improvements; installing, removing, and relocating street lighting facilities; furnishing and installing street lighting facilities and appurtenances; restoring concrete and grout caps; potholing existing utilities; and all other items to complete work in place 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. NOW, THEREFORE, we, the Principal, and Fiderdy and Deposit Company of Maryland , 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 Four Hundred Seventy Eight Thousand Fifteen Dollars ($478,015.00) 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 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. Elecnor Belco Electric Inc:. Page 0-1 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 24th day of August 120 to . Elecnor Belco Electric Inc Name of Contractor (Principal) Fide& and Deposit Company of Maryland Name of Surety 1299 Zurich Way, 5th Floor Schaumburo IL 60196 - 1056 Address of Surety (847)605-6000 Telephone APPROVED AS TO FORM: CITY ATTO��E 'S OFFICE Date:.--- ,� I—�C;i By - = V-b,(iAaron C. Harp cns,$1tsNh City Attorney Authorized Signaturelfit-7 Qibet�ie �,a�c; a, ��,VitL TPtbld,¢�' L Authorize Agenr na ur �rlm 115L.F5S.. NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Caecnor Belco Electric, Inc. page B-2 CALIFORNIA ALL-PURPOSE 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 validity of that document. State of California ) County of _San Bernardino s ) On August 28, 2018 before me, Guadalupe L. Sandoval *Notary Public' Date Here Insert Name and Title of the Officer personally appeared Alberto Garcia ExecutiveyP Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(ef whose name() 6Yare subscribed to the within instrument and acknowledged to me that kishe/they executed the same in t l( er/their authorized capacitypo, and that by't�si7herAheir signatureQ4 on the instrument the personA, or the entity upon behalf of which the person acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 1s true and correct. GUADALUPE L. SANUOYAI WITNESS my hand and official seal. SanB Public - CCour� n San BernartNno CauNY Commissionx 219315a Signature My Comm. Expires Apr 22.2021 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section Is optional, 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: City of Newport Beach Bond No. 9295305 Performance Bond Document Date: 08-24-2018 Number of Pages: _— Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ ❑ Corporate Officer — Title(s): C 1 Partner — ❑ Limited I1 General 11 Individual ❑ Attorney in Fact 1-1 Trustee ❑ Guardian or Conservator I 1 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual Ll Attorney in Fact ❑ Trustee I-1 Guardian or Conservator ❑ Other: Signer Is Representing ✓[X.'4`F�S�54:.0Y.lSYUY<GET.IY�'X?`L.(qt{'.Y%SS%PY%aY`+4`.G'.C"r:.Ct4er' S'�&.Y�.rX�[-.'rY.�'ti'4iGYy.B<',�?.�Yr.LY:S;r:;2'Ct4`r�Y::CCBeF•Y%(�VbX;i',rq. `r14+?'{xi<SiGf%(;Y 02016 National Notary Association • www.NatiorialNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 115907 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 ) ss. On 24 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) 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 ZOUWOfX Connecticut County of Hartford )ss. On ._ Auglist 24 20_1$, before me, Savkham Chant asone Notary Public, personally appeared .tnchua Sanford 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. Connecticut I certify under PENALTY OF PERJURY under the laws of the State of QgilikxxiAthat the foregoing paragraph is true and correct. WITNESS my hand,anrj official seal. SAYKHAM CHANTHASONE >r` { NOTARY l'rllff,]C - (T165366 My Cn4AMISOWN r_XPIOES 00T. 31, 2018 ---µSignature— - -- - - - (seal) Saykham Chanthasone, Notary Public Fleenor Qelco Electric, Inc. — — —J— .� Page X3..3 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE; COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Donna M. PLANETA, Joshua SANFORD, Aimee R. PERONDINE, Alza LOPEZ, Danielle D. JOHNSON, Michelle Anne McMAHON, Saykham CHANTHASONE and Noah William PIERCE, all of Hartford, Connecticut, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUAL'L'Y AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland, in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of July, A.D. 2018. ATTEST: Assistant Secretary Joshua Locker ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND ^woatr ap atl0j+ EFC8 «.• �, � � $t ruse 1�i' 'va,I,1i,Y,•m Vice President Michael Bond State of Maryland County of Baltimore On this 9th day of July, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and JOSHUA LECKE., Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Scals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction ofthe said Corporations. IN TIiSTIMON Y WI II RIiOF, 1 have, hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 063-9180A Disclosure Statement ZURICH NOTICE OF DISCLOSURE FOR AGENT & BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit: http://www.zurichnaproducercom pensation. com or call the following toll-free number: (866) 903-1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U (3U -874-A GW (06111) Pay o 1 of I December 16, 2019 Elecnor Belco Electric, Inc. Attn: John Wong 14320 Albers Way Chino, CA 91710 Subject 2017-2018 Streetlight Improvement Project - C-6269 Dear Mr. Wong: 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-6443039Fnx newportbeachca,gov On October 8, 2019 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 65 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 October 10, 2019, Reference No. 2019000395463. The Surety for the bond is Fidelity and Deposit Company of Maryland and the bond number is 9295305. Enclosed is the Labor & Materials Payment Bond. Sincerely, �p Leilani 1. Brown, MMC City Clerk Enclosure Premium Included on Performance Bond EXHIBIT A CITY OF NEWPORT BEACH BOND NO. s225aoa LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Elecnor Belco Electric, Inc. hereinafter designated as the "Principal," a contract for mobilization; providing traffic control; distributing construction notifications; concrete improvements; installing, removing, and relocating street lighting facilities; furnishing and installing street lighting facilities and appurtenances; restoring concrete and grout caps; potholing existing utilities; and all other items to complete work in place 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, Fidelity and Deposit Company of Maryland 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 Four Hundred Seventy Eight Thousand Fifteen Dollars ($478,015.00) 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; 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 Elecnor Belco Electric, Inc. Page A-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 24th day of August 2018 . Elecnor Belco Electric Inc. -.._ Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 1299 Zurich Way, 5th Floor Schaumburg IL 60196 - 1056 Address of Surety (847)605-6000 Telephone APPROVED AS TO FORM: CITY ATT RNEY'S OFFICE Date: r c' I " , '_.- _ -- Aaron C. Harp u . ogts,t City Attorney -, - -' — Authorized Signature[Title _y f Authol�e� ent Sigrtataro i` Joshua Sanford, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED _._----.__...._ Fleenor Belco Electric, Inc. Page A-2 CALIFORNIA ALL-PURPOSE 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 validity of that document. State of California County of Sart Bernardino ) On August 28, 2018 before me, Guadalupe L. Sandoval 'Notary Public' Date Here Insert Name and Title of the Officer personally appeared Alberto Garcia ExecutiveVP Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose name(, &7S are subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in &/her/their authorized capacity(06), and that by k'her/their signature(4 on the instrument the personA, or the entity upon behalf of which the personas) acted, executed the instrument. GUADALUPE L SANDOVAL Notary Public - California a San Bernardino County > Commission x 2193154 My Comm. Expires Apr 22.2021 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 se Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is, optional, 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: City of Newport Beach Bond No. 929.5305 Labor and Materials Payment Bond Document Date: 08-24-2018 Number of Pages: ! _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: CI Corporate Officer — Title(s): ❑ Partner — ❑ Limited LI General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator LJ Other: Signer Is Representing: _ Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual EI Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _- x^�:cnvr_�s�,c-ex�v'�...=c3>y_tauxxv�-c,t;ros.ti�:4�rsxc-rw�o.c..a'rx,� 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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 }ss. On 20 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) 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 EGff=i�K Connecticut County of Hartford } ss. On Auqust 24 201_ before me, Saykham Chanthasone , Notary Public, personally appeared Joshua Sanford _ 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. Connecticut I certify under PENALTY OF PERJURY under the laws of the State ofo'YaiKxlx)iX that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SAYKHA N11 f'ti,4N t'I iA30Nf-: _ !_ )' Iliti ?iib Signature My COMMISSIOtA i-XPlllus llCf. :I I. Zf1111 (seal) Saykham Chanthasone, Notary Public Elecnor Belco Electric, Inc. Page A-3 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN 13Y THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL, AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Donna M. PLANETA, Joshua SANFORD, Aimee R. PERONDINE, Aiza LOPEZ, Danielle D. JOHNSON, Michelle Anne MCMAHON, Saykham CHANTHASONE and Noah William PIERCE, all of Hartford, Connecticut, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of July, A.D. 2018. ATTEST: Assistant Secretary Joshua Lecker ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND M�4t[t, �,0 0(reJ` a•4pr?1N5tiy 0e Vice President Michael Bond State of Maryland County of Baltimore On this 9th day of July, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICRAEL BOND, Vice President, and JOSHUA LECKF.R, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, depuseth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction ofthe said Corporations. IN TESTIMONY WI IEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. rt v l.rrn<ilvi.rL Q :.)....... Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 063-9180A Disclosure Statement ZURI 11 NOTICE OF DISCLOSURE FOR AGENT & BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit: http://www.zurichnaproducercompensatfon.com or call the following toll-free number: (866) 903-1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U -GU -874-A Cw (06/11) Page 1 of 'I Batch 5272747 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 3 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder Il1111llll111l I1111lllllll1[1111111111l IIJI I 111111111111 lllllll NO FEE .$ R 0 0 1 1 1 s 1 c c 3 s. 201900039546310:30 am 10110119 90 SC5 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 'Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Elecnor Belco Electric, Inc., Chino, California, as Contractor, entered into a Contract on July 10, 2018. Said Contract set forth certain improvements, as follows: 2017-2018 Streetlight Improvement - C-6269 Work on said Contract was completed, and was found to be acceptable on October 8. 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. ublic Works 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 on 00TW It, A019 t at Newport Beach, California. https://gS.Secure-recording.com/Batch/Confirmation/5272747 10/10/2019 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Elecnor Belco Electric, Inc., Chino, California, as Contractor, entered into a Contract on July 10, 2018. Said Contract set forth certain improvements, as follows: 2017-2018 Streetlight Improvement - C-6269 Work on said Contract was completed, and was found to be acceptable on October 8, 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. No Public Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. /� U Executed on h , /�� 1 at Newport Beach, California. = WIN! .vms� W,54k", si • CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 20th day of June 2018, at which time such bids shall be opened and read for 2017-2018 STREETLIGHT IMPROVEMENT Contract No. 6269 $485,000.00 Engineer's Estimate Approved y Mark Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" OR "C-10" For further information, call Kathryne Cho, Proiect Manager at (949) 644-3014 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/qovernment/open-transparent/online-services/bids-rfps- vendor-registration Citv of Newport Beach 2017-2018 STREETLIGHT IMPROVEMENT Contract No. 6269 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES..........................................10 NON -COLLUSION AFFIDAVIT..................................................................... 14 DESIGNATION OF SURETIES...................................................................... 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................16 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 22 CONTRACT.................................................................................................................. 23 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIAL PROVISIONS............................................................................................ SP -1 2 City of Newport Beach 2017-2018 STREETLIGHT IMPROVEMENT Contract No. 6269 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) 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; Contractorshall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 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. Original copies must be submitted to the City Clerk's Office. 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. Original copies must be submitted to the City Clerk's Office by the Bid Opening Date. 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 3 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. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. 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. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has 738518, A, B, C-10 John WongNice President Contractor's License No. & Classification 1000004804 DIR Reference Number & Expiration Date Date Elecnor Belco Electric, Inc. Bidder 5 0 City of Newport Beach 2017-2018 STREETLIGHT IMPROVEMENT Contract No. 6269 to to 7��l:iila:� 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 Amount Bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2017-2018 STREETLIGHT IMPROVEMENT, Contract No. 6269 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 stn day of June 2018. Elecnor Belco Electric, Inc. Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 1299 Zurich Way, 5th Floor, Schaumburg, IL 60196-1056 Address of Surety (847) 605-6000 Telephone Vice vc&�Am� Author' ignature/Ti e Authori gent Sign Joshua Sanford, Attomey-in-Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT ■■rrrwrrwrrrrrrrrrrrwrrrrwwwwrrrrrrrwwrrrrwwwrwrrrrrrrrrrrwwrrrrrrrrrwrrrrwwrr■ State of California County of Y\ SS. On 3oe `i �2t(-� before�me, 0\MC\ C 11 Qa , Notary Public, personally appeared UNUV 1.u1 ,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. WITNE h d nd official seal. Sign e OLIVIA CHEA / ��t Commission No.2107474 z °y NOTARY PUBLIC -CALIFORNIA — b SAN BERNARDINO COUNTY My Comm. Expires APRIL 18. 2019 .�.��. (Seal) rrrwwwrwrrwrrwwwwrwrrrrwrwrwwwwrwrrrrrwrwrwrrrrwwwwwwrrrrrrwwrrwwwrrrwwrwwwwrw■ 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 Credible Witness(es) Capacity of Signer: Trustee OPTIONAL INFORMATION Paper Identification Thumbprint of Signer Check here if no thumbprint or fingerprint Power of Attorney is available. CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: ACKNOWLEDGMENT ............................................................................... Connecticut State ofCaffwrttat County of Hartford } ss. On June 8, 2018 before me, Saykham Chanthasone , Notary Public, personally appeared Joshua Sanford 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 ha nd official seal. SAYKHAM CHANTHASONE NOTARY PUBLIC - CT 165366 My COMMISSION EXPIRES OCT. 31, 2018 Signa ure ykh m Chanthasone, Notary Public OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee _ Power of Attorney _ CEO/CFO/COO President/ Vice -President/ Secretary/Treasurer Other: Other 0 Thumbprint of Signer Ej Check here if no thumbprint or fingerprint is available. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Donna M. PLANETA, Joshua SANFORD, Aimee R. PERONDINE, Aiza LOPEZ, Brian PETERS, Danielle D. JOHNSON, Michelle Anne McMAHON, Saykham CHANTHASONE and Noah William PIERCE, all of Hartford, Connecticut, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of March, A.D. 2018. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND V GE�ps� y_y4. ONO SEAL .NOilli: u; ; G : _ t9ae . _ f #i�,va� Assistant Secretary Vice President Joshua Lecker Michael Bond State of Maryland County of Baltimore On this 12th day of March, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and JOSHUA LECKER, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, l have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 063-9180A EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomeys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. INr' 7�'STIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seals of the said Companies, this : day of20jf'. 01 INSt, VW David McVicker, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 CitV of Newport Beach 2017-2018 STREETLIGHT IMPROVEMENT Contract No. 6269 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT 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 Contractors 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 subcontractors as listed in the Bidder's electronic bid 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. Elecnor Belco Electric, inc. Bidder resident City of Newport Beach 2017-2018 STREETLIGHT IMPROVEMENT Contract No. 6269 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. er's Name Elecnor Belco Electric, Inc. 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 $120,000, provide the following information: No. 1 Project Name/Number Street Light Modernization Program, SP2406 Project Description Streetlight Approximate Construction Dates: From April 2018 To: In Progress Agency Name City of Santa Monica Contact Person Robert Zak Telephone (310j 458-2283 Original Contract Amount $1,493,142 Final Contract Amount $ In Progress If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 10 No. 2 Project Name/Number Westside Unit 2 Series to Multiple High Voltage Conversion FY2016-17, W.O. L1649431 Project Description Streetlight Approximate Construction Dates: From October 2017 To: In Progress Agency Name City of Los Angeles Contact Person Robert Tom Telephone (213) 847-1811 Original Contract Amount $2,279,074 Final Contract Amount $ In Progress If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Green River Road Widening, Project No. 48-1106 Project Description Traffic Signal and Streetlight Approximate Construction Dates: From July 2015 To: July 2016 Agency Name City of Corona Contact Person Dennis Rails Telephone (951) 739-4888 Original Contract Amount $769,356 Final Contract Amount $ 800,119.35 If final amount is different from original, please explain (change orders, extra work, etc.) Extra Work Initiated by the Agency Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 11 No. 4 Project Name/Number Ocean View Boulevard Rehabilitation Project, Specification No. 3600 Project Description Traffic Signal and Streetlight Approximate Construction Dates: From June 2017 To: March 2018 Agency Name City of Glendale Contact Person Sarkis Oganesyan Telephone (818) 548-3945 Original Contract Amount $509,118 Final Contract Amount $ 578,504 If final amount is different from original, please explain (change orders, extra work, etc.) Extra Work Initiated by the Agency 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. 6 Project Name/Number 1-15 La Mesa/Misqualli Interchange Project Description Traffic Signal,Streetlight, Ramp Metering, 96 Strand Fiber Optic Cable/Terminatelrest (2,000') Approximate Construction Dates: From August 2013 To: March 2014 Agency Name City of Victorville Contact Person Greg Heldreth Telephone (760)243-6360 Original Contract Amount $ 386,829 Final Contract Amount $ 464,602 If final amount is different from original, please exp(change orders, extra work, etc.) Extra Work Initiatelaind by the Agency 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 12 No. 6 Project Name/Number Los Serranos Infrastructure Improvements Project Description Streetlight Approximate Construction Dates: From April 2018 To: In Progress Agency Name City of Chino Hills Contact Person Mark Raab Telephone (gog) 364-2746 Original Contract Amount $ 356,000 Final Contract Amount $ In Progress If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If ye� briefly explain and indicate outcome of claims. 0 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. Elecnor Belco Electric, Inc. Bidder 13 City of Newport Beach 2017-2018 STREETLIGHT IMPROVEMENT Contract No. 6269 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of San Bernardino) John Wong being first duly sworn, deposes and says that he or she is Vice President of Elecnor Belco Electric. Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State alifom(a that the foregoing is true and correct. Elecnor Belco Electric, Inc. John Won Nice Presid Bidder Lit orize"Sigturerritle Subscribed and sworn to (or affirmed) before e o thiy of-a)nQ 2018 by Sohny d v ved to me on the basis of satisfactory evidence t e the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the S o alifornia that the foregoing paragraph is true and correct. OLIVIA CHEA commission No. 2107474 z Notary Public NOTARY PUBLIC -CALIFORNIA 00 [SEAL]SAN BERNARDINO COUNTY My Comm. EXPwas APRIL 18. 2019 , q My Commission Expires: 14 City of Newport Beach 2017-2018 STREETLIGHT IMPROVEMENT Contract No. 6269 DESIGNATION OF SURETIES Bidder's name Elecnor Belco Electric Inc. 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): Zurich American Insurance Company Willis Towers Watson Hentz Erin Kiernan 777.S. Figueroa St, Suite 3900 10 State House Square, Floor 11 Los Angeles, CA 90017 Hartford, CT 06103 213-270-0757 15 860-843-5404 City of Newport Beach 2017-2018 STREETLIGHT IMPROVEMENT Contract No. 6269 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Elecnor Belco Electric, Inc. 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. 16 Current Record Record Record Record Record Year of for for for for for Record 2017 2016 2015 2014 2013 Total 2018 No. of contracts 17 48 35 45 50 34 229 Total dollar Amount of $14M $42M $35M $45M $40M $45M $221M Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases 0 0 0 0 0 0 0 involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Elecnor Belco Electric, Inc. 14320 Albers Way. Chino CA 91710 909-993-5470 738518, A,B, C-10 Title 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 Date Title Signature of bidder Date Title 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. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 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 arrdino } On � LVbefore me, Olivia Chea, Notary Public ewmsert name arra elle of thea cei personally appeared John Wong who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is re subscribed to the within instrument and acknowledged to me that (QBhe/they executed the same in Is er/their authorized capacity(ies), and that by Is er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS and a d official seal. OLIVIA CHEA Curmnission No.2107474 rzi NOTARY PUBLIC -CALIFORNIA E SAN BERNARDINO COUNTY Not P CSI nature My Comm.EExpires APRIL 18, 2019 ry g (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ((Title or d F ipb �attached document) (Tille or description of attached document confinued) of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) E Corporate Officer Vice President (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, ifneeded, should be completed and attached to the document. Acknolwedgents from other states may be completedfor documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • 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 (te. He/she/grey- is /are ) or circling the correct forms. Failure to correctly indicate this information may [cad 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. P Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. b Indicate title or type of attached document, number of pages and date. O 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. UNANIMOUS WRITTEN CONSENT IN LIEU OF 2016 ANNUAL MEETING OF THE BOARD OF DIRECTORS OF ELECNOR BELCO ELECTRIC, INC. March 1, 2016 The undersigned, being all of the members of the Board of Directors (the "Board") of Eleenor Belco Electric, Inc., a California corporation (the "Company"), in lieu of holding a meeting of the Board, hereby take the following actions and adopt the following resolutions by unanimous written consent: WHEREAS, the Board has determined that it is in the Company's best interests to appoint a revised slate of Officers of the Company. NOW, THEREFORE, BE IT RESOLVED, that the following persons be, and hereby are, elected to the offices set forth opposite their respective names, to hold such offices until their respective successors are elected and qualified at or before the next annual meeting of the Board, or until their earlier respective deaths, resignations or removals: President and Chief Executive Officer Chief Financial Officer Executive Vice President John Wong Secretary Roger DeVito Juan Bravo Jeroni Gervilla Alberto Garcia Vice President for Construction Pedro E.nrile Assistant Secretary FURTHER RESOLVED, that Juan Bravo, Jeroni Gervilla and Alberto Garcia in their respective capacities of President and CEO, Chief Financial Officer and Executive Vice President subject to such supervisory powers of the Board of Directors, hereby are authorized and directed to perform all the duties commonly incident to that office; shall have authority to execute in the name of the Corporation contracts, leases and other written instruments to be executed by the Corporation; and, shall perform such other duties as the Board of Directors may from time to time determine. AND IT IS FURTHER RESOLVED, that all actions heretofore taken by the officers of the Company on behalf of and in the name of the Company, relating to the conduct of the business of the Company, the expenditure of money, the making of contracts and all other acts taken or omitted in the performance of their duties to the Company be, and the same hereby are, in all respects, approved, ratified and affirmed, as of the date taken, done or omitted, respectively. The actions taken by the Board Consent shall have the same force and effect as if taken by the undersigned at a meeting of the Board of Directors, duly called and constituted pursuant to the Bylaws of the Corporation and the laws of the State of California. This Board Consent may be executed in counterparts, each of which steal l be deemed an original, but all of which together shall constitute one and the same document. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the undersigned, being all of the members of the Board of Directors of Elecnor Belco Electric, Inc., have executed these actions by written consent as of the date first written above. — IL V:�= Argimiro Ra t o/. Direc or Ignacio Pr. Qo, Di ector Jose Miguel Franco, Director City of Newport Beach 2017-2018 STREETLIGHT IMPROVEMENT Contract No. 6269 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Elecnor Belco Electric, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: ddendum No. Date Received Signature 18 City of Newport Beach 2017-2018 STREETLIGHT IMPROVEMENT Contract No. 6269 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: Corporation Business Address: 14320 Albers Way, Chino, CA 91710 Telephone and Fax Number: 909-993-5470, 909-993-5476 California State Contractor's License No. and Class: 738518 A, B, C-10 (REQUIRED AT TIME OF AWARD) Original Date Issued: 4/15/1997 Expiration Date: 07/31/2019 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: Ralph Antuna/Superintendent 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 John Wonq Vice President 14320 Albers Way, Chino, CA 91710 909-993-5470 Corporation organized under the laws of the State of California 19 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: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes K9 20 Are any claims or actions unresolved or outstanding? Yes (� If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Juan Bravo (Print name of Owner or President of _ rporatyon Company Elecnor Belco Electric, Inc. John Wong/Vice President Bidder --Vice Sresicjent Title 6/18/18 Date On �nC 1�, W�� before me, C I l406 Notary Public, personally appeared \WdYI4 , who proved to me on the basis of satisfactory evidence to be th person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WIT ! S mymy nl seal. Lr7ln e (SEAL) �z Commission No.2107474 Nota ublic in and for said State In� e.? .« `' ry Y �s, �/ NOTARY PUBLIC -CALIFORNIA , . / SAN BERNARDINO COUNTY My Comm. ExPlreS APRIL 19, 2079 My Commission Expires:1\1120 21 City of Newport Beach 2017-2018 STREETLIGHT IMPROVEMENT Contract No. 6269 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 2017-2018 STREETLIGHT IMPROVEMENT CONTRACT NO. 6269 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 10th day of July, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Elecnor Belco Electric, Inc., a California corporation ("Contractor"), whose address is 14320 Albers Way, Chino, California 91710, 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. City has advertised for bids for the following described public work: The work necessary for the completion of this Contract consists of mobilization; providing traffic control; distributing construction notifications; concrete improvements; installing, removing, and relocating street lighting facilities; furnishing and installing street lighting facilities and appurtenances; restoring concrete and grout caps; potholing existing utilities; and all other items to complete work in place (the "Project" or "Work"). C. 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, 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: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 6269, 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"), 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 Four Hundred Seventy Eight Thousand Fifteen Dollars ($478,015.00). 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 John Wong 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. 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 Elecnor Belco Electric, Inc. Page 2 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 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: John Wong Elecnor Belco Electric, Inc. 14320 Albers Way Chino, CA 91710 Elecnor Belco Electric, Inc. Page 3 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 B 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 A 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. 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. Elecnor Belco Electric, Inc. Page 4 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 C, 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 of 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 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 Elecnor Belco Electric, Inc. Page 5 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 or willful 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 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 Elecnor Belco Electric, Inc. Page 6 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. 19. TERMINATION 19.1 In the event that either parry 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 parry 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 parry may terminate the Contract forthwith by giving to the defaulting parry written notice thereof. Elecnor Belco Electric, Inc. Page 7 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. 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. Elecnor Belco Electric, Inc. Page 8 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] Elecnor Belco Electric, Inc. 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: JAL.{Z4. 2oia 7-1 di /°"By Aaron C. a p (MA p-1 City Atto ATTEST:`,' Date: By: 444c- l 6m=— Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: 927208 Marshall "Duffy" Duffield Mayor CONTRACTOR: Elecnor Belco Electric, Inc., a California corporation Date: Signed in Counterpart By: John Wong Vice President Date: BV: Signed in Counterpart Roger Devito Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Elecnor Belco Electric, Inc. Page 10 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: fA L4 2G. 20 re �N,,, w� a�1�4no- o' Aaron C. a p City Atto ATTEST: Date: By: Leilani I. Brown City Clerk [END OF CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Marshall "Duffy" Duffield Mayor CONTRACTOR: Elecnor Belco Electric, Inc., a California corporation Date: By: XNXXA&Xg( Alberto Garcia Exec. Vice President Attachments: Exhibit A — Labor and Materials Payment Bond Exhibit B — Faithful Performance Bond Exhibit C — Insurance Requirements Elecnor Belco Electric, Inc. Page 10 Premium Included on Performance Bond EXHIBIT A CITY OF NEWPORT BEACH BOND NO. A2gsi3n5 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Elecnor Belco Electric, Inc. hereinafter designated as the "Principal," a contract for mobilization; providing traffic control; distributing construction notifications; concrete improvements; installing, removing, and relocating street lighting facilities; furnishing and installing street lighting facilities and appurtenances; restoring concrete and grout caps; potholing existing utilities; and all other items to complete work in place 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, Fidelity and Deposit Company of Maryland 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 Four Hundred Seventy Eight Thousand Fifteen Dollars ($478,015.00) 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; 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 Elecnor Belco Electric, Inc. Page A-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 24th day of August , 2018 . ` Elecnor Belco Electric, Inc. Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 1299 Zurich Way, 5th Floor Schaumburg IL 60196 - 1056 Address of Surety (847)605-6000 Telephone APPROVED AS TO FORM: CITY ATTQ N Y'S O FICE Date: `(51 Z006 By. QA,. & For. Aaron C. Harp uw oats lr� City Attorney Authorized Signature/Title A edent Sic ruaia�e Joshua Sanford, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Elecnor Belco Electric, Inc. Page A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 Bemardino ) On August 28, 2015 before me, Guadalupe L. Sandoval "Notary Public" Date Here Insert Name and Title of the Officer personally appeared Alberto Garcia ExecutiveVP Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person((f whose name(¢] (Ware subscribed to the within instrument and acknowledged to me that afshe/they executed the same in 0/her/their authorized capacity(jA), and that by KWher/their signature(4 on the instrument the personA, or the entity upon behalf of which the person) acted, executed the instrument. GUADALUPE L. SANDOVAL Notary Public _ California z San Bernardino County a Commission+21 ii '.4 My Comm. ExPires Apr 22.2021 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 se Signature DL Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, 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: city of Newf Document Date: 08-24-2018 Signer(s) Other Than Named Above: Beach Bond No. 9295305 labor and Materials Payment Bond 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: Number of Pages: I Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I7 Other: Signer Is Representing: 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 ) SS. On 20 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 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 0Gff0Wi1X Connecticut (seal) County of Hartford )Ss. On August 24 20_lB___ before me, Saykham Chanthasone Notary Public, personally appeared Joshua Sanford 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. Connecticut I certify under PENALTY OF PERJURY under the laws of the State of) 0li(0(ooia that the foregoing paragraph is true and correct. WITNESS my h d a Cial SAYKHAM CHANTHASONE NOTARY PUBLIC - CT 165366 gn ure MY COMMISSION EXPIRES OCT. 31. 2018 (seal) Saykha ha thasone, Notary Public Elecnor Belco Electric, Inc. Page A-3 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Donna M. PLANETA, Joshua SANFORD, Aimee R. PERONDINE, Aiza LOPEZ, Danielle D. JOHNSON, Michelle Anne McMAHON, Saykham CHANTHASONE and Noah William PIERCE, all of Hartford, Connecticut, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of July, A.D. 2018. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND SEAL --�- rptowsALP Assistant Secretary vice President Joshtca Lecker Michael Bond State of Maryland County of Baltimore On this 9th day of July, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and JOSHUA LECKER, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 063-9180A EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and 1 do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have her unto subscribed my name and affixed the corporate seals of the said Companies, this >4 day of 17AA n} , 20. iiia"w. avHtr�. .`' ear"!n g'•oifl"., �2q,,s • = i}yll1g�? :,q nr t;;aoti/�'ss SEAL 7 tcce `_... <--) /A iN , David McVicker, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 Addmb MM IVAN m Disclosure Statement ZURICH NOTICE OF DISCLOSURE FOR AGENT & BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit: http://www.zurichnaproducercompensation.com or call the following toll-free number: (866) 903-1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U -GU -874-A CW (06111) Page 1 of 1 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 9295305 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,080,00 , being at the rate of $ 3.87/Tiered Rate per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Elecnor Belco Electric, Inc. hereinafter designated as the "Principal," a contract for mobilization; providing traffic control; distributing construction notifications; concrete improvements; installing, removing, and relocating street lighting facilities; furnishing and installing street lighting facilities and appurtenances; restoring concrete and grout caps; potholing existing utilities; and all other items to complete work in place 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. NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland , 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 Four Hundred Seventy Eight Thousand Fifteen Dollars ($478,015.00) 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 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. Elecnor Belco Electric, Inc. Page B-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 24th day of August ,20 18 Elecnor Belco Electric, Inc. Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 1299 Zurich Way, 5th Floor, Schaumburg IL 60196 - 1056 Address of Surety (847)605-6000 Telephone APPROVED AS TO FORM: CITY ATTOEY'S OFFICE Date- S 2.0119 Authorized Signat .:,'IbCf�i1 Q�11k1'C10.� �.4fCYIC.L��'/+dICiQ�i Lrize Agen ' na ur By:a'., 7s�f��. FW.,Aaron C. Harp wn,rls�h t City Attorney Joshua Sanford- Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Elecnor Belco Electric, Inc. Page B-2 =11.11FORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 August 28, 2018 before me, Guadalupe L. Sandoval 'Notary Public' Date Here Insert Name and Title of the Officer personally appeared Alberto Garcia Executive VP Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personw whose name) @are subscribed to the within instrument and acknowledged to me that roshe/they executed the same in t0her/their authorized capacity04, and thatb cher/their signatur4 on the instrument the person, 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. GUADALUPE L.SANOOVAL WITNESS my hand and official seal. Notary Public - CaWornia San Bernardino County +C Commission s 2193154 Signature My Comm. Expires Apr 22, 2021 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, 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: City of Newport Beach Bond No. 9295305 Perfonnance Bond Document Date: 08-24-2018 Number of Pages: l Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General O Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: eihu vhy c: \e, _ tiSO ft—Vii �q i'vAei 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 }Ss. On 20 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) 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 9kikifal ift Connecticut County of Hartford ) SS. On Augi,st 24 20_j.L_ before me, Savkham Chanthasone Notary Public, personally appeared .Inshna Sanford 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. Connecticut I certify under PENALTY OF PERJURY under the laws of the State of Q dgn® i that the foregoing paragraph is trueA0 correct. WITNESS Chanthasone, Notary Public SAYKHAM CHANTHASONE NOTARY PUBLIC- CT ]65366 MY COMMISSION EXPIRES OCT. 31, 2818 (seal) Elecnor Belco Electric, Inc. Page B-3 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Donna M. PLANETA, Joshua SANFORD, Aimee R. PERONDINE, Aiza LOPEZ, Danielle D. JOHNSON, Michelle Anne McMAHON, Saykham CHANTHASONE and Noah William PIERCE, all of Hartford, Connecticut, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of July, A.D. 2018. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,N��N i�D yyry tel} �a OE►per �(� •« � SEAL �p� ink ALP Assistant Secretary Vice President Joshua Lecker Michael Bond State of Maryland County of Baltimore On this 9th day of July, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and JOSHUA LECKER, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 063-9180A EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Pact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attomey issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this aM_day ofOA, IJ Ik_,20_AL. rn, •� ;�l Jo. BPiAL 1 David McVicker, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 m Disclosure Statement ZURICH NOTICE OF DISCLOSURE FOR AGENT & BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit: http://www.zurichnaproducercompensation.com or call the following toll-free number: (866) 903-1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U -GU -874-A CW (06111) Page 1 of 1 EXHIBIT C 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 Elecnor Belco Electric, Inc. Page C-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 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 documents referenced in this Contract must be returned to City within ten Elecnor Belco Electric, Inc. Page C-2 (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. 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 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 Elecnor Belco Electric, Inc. Page C-3 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. I. 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. Elecnor Belco Electric, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 8/6/18 Dept./Contact Received From: Raymund Date Completed: 8/6/18 Sent to: Raymund By: Alicia Company/Person required to have certificate: Elecnor Belco Electric, Inc. Type of contract: Public Works 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11/1/17-11/1/18 A. INSURANCE COMPANY: Hartford Underwriters Ins Co B. AM BEST RATING (A-: VII or greater): A+; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1M/21vf/2M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ® N/A ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes ® No H. Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. 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 K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 11/1/17-11/1/18 A. INSURANCE COMPANY: Hartford Casualty Ins Co B. AM BEST RATING (A-: VII or greater) A+: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1M E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: 0 N/A 0 Yes ❑ No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 11/1/17-1111118 A. INSURANCE COMPANY: Hartford Fire Insurance B. AM BEST RATING (A-: VII or greater): A+: XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Servic4s Broker of record for the City of Newport Beach 8106118 Date ® Yes ❑ No ® Yes ❑ No 1M ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than ; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date City of Newport Beach 2017-2018 STREETLIGHT IMPROVEMENT Contract No. 6269 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 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. 6269 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: 6/18/18 Date 909-993-5470,909-993-5476 Bidder's Telephone and Fax Numbers 738518, A, B, C-10 Bidder's License No(s). and Classification(s) Bidder's email address: lwong@elecnor.com Elecnor Belco Electric, Inc. :.. i , John WongNice President s 46thoNized Signature and Title '4310 Albe;e-(Nay, Chino, CA 91710 Bidder's Address City of Newport Beach Page 1 2017-2018 STREETLIGHT IMPROVEMENT (C-6269), bidding on June 20, 2018 10:00 AM (Pacific) Printed 06/20/2018 Bid Results Bidder Details Vendor Name Elecnor Belco Electric, Inc. Address 14320 Albers Way Chino, CA 91710 United States Respondee John Wong Respondee Title Vice President Phone 909-993-5470 Ext. Email jwong@elecnor.com Vendor Type CADIR License # 738518 CADIR 1000004804 Bid Detail Bid Format Electronic Submitted June 20, 2018 9:16:42 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 145604 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Proposal Bid Proposal to Agency.pdf General Attachment Bid Bond Bid Bond.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment BASE BID (PROJECT AWARDED ON BASE BID) 1 Mobilization LS 1 $29,000.00 $29,000.00 2 Traffic Control LS 1 $9,000.00 $9,000.00 3 Replace Existing Streetlight Standard w/ New Type IV Standard, Leotek 88W LED Luminaire EA 4 $7,031.00 $28,124.00 4 Remove & Replace Existing Luminaire w/ New Leotek 47W 4,800 Lumen LED Luminaire EA 61 $660.00 $40,260.00 5 Remove & Replace Existing Luminaire w/ New Leotek 53W 5,400 Lumen LED Luminaire EA 12 $705.00 $8,460.00 PlanetSids, Inc. City of Newport Beach 2017-2018 STREETLIGHT IMPROVEMENT (C-6269), bidding on June 20, 2018 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price 6 Remove & Replace Existing Luminaire w/ New Leotek 92W 9,300 Lumen LED Luminaire EA 2 $744.00 7 Remove & Replace Existing Luminaire w/ New Leotek 88W 9,000 Lumen LED Luminaire EA 32 $700.00 8 Rotate Existing Streetlight Standard EA 1 $3,000.00 9 Extend Anchor Bolts EA 1 $2,300.00 10 Remove Existing Pull Box & Install New #3 1/2 F Pull Box EA 55 $350.00 11 Re -Grout and Restore Surface EA 5 $1,247.00 12 Raise Existing Conduit EA 1 $2,982.00 13 Remove Existing Pull Box EA 7 $200.00 14 Furnish & Install New #3 1/2 F Pull Box Page 2 Printed 06/20/2018 Line Total Comment $1,488.00 $22,400.00 $3,000.00 $2,300.00 $19,250.00 $6,235.00 $2,982.00 $1,400.00 EA 115 $300.00 $34,500.00 15 Furnish & Install New Single -Meter Type III -BF Service Cabinet EA 3 $7,300.00 $21,900.00 16 Re-establish Survey Marker in Existing Grout Cap EA 1 $3,000.00 $3,000.00 17 Furnish & Install New Locks on All Streetlight Panel Doors EA 111 $36.00 $3,996.00 18 Furnish & Install New 1-114" PVC Conduit w/ 2#8 Stranded Copper Insulated Conductors and 1#8 Bare Copper Conductor LF 3200 $24.00 $76,800.00 19 Furnish & Install New 1-114" PVC Conduit w/ 4#8 Stranded Copper Insulated Conductors and 1#8 Bare Copper Conductor LF 450 $30.00 $13,500.00 20 Furnish & Install New 1-1/4" PVC Conduit wl 6#8 Stranded Copper Insulated Conductors and 1#8 Bare Copper Conductor LF 250 $32.00 $8,000.00 21 Furnish and Install New 2#8 Stranded Copper Insulated Conductors and 1#8 Bare Copper Conductor in Existing Conduit LF 20000 $3.00 $60,000.00 Plane_6ids. Inc. City of Newport Beach Page 3 2017-2018 STREETLIGHT IMPROVEMENT (C-6269), bidding on June 20, 2018 10:00 AM (Pacific) Printed 06/20/2018 I Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 22 Furnish and Install New 4#8 Stranded Copper Insulated Conductors and 1#8 Bare Copper Conductor in Existing Conduit j ADDITIVE BID ITEM 34 Furnish 360 -degree shields (ADDITIVE BID ITEM) EA 35 Furnish House Side Shields (ADDITIVE BID ITEM) EA Subcontractors Name $ Address V&E Tree Service P.O. Box 3280 Orange, CA 92865 United States Description Trim Bush / Tree 20 40 License Num 654506 Plane -,,Bids, Inc. $420.00 $420.00 Subtotal Total CADIR 1000001936 $8,400.00 $16,800.00 $25,200.00 $503,215.00 Amount Type $3,000.00 LF 1150 $5.00 $5.750.00 23 Furnish and Install New 6#8 Stranded Copper Insulated Conductors and 1#8 Bare Copper Conductor in Existing Conduit LF 250 $7.00 $1,750.00 24 Install Conduit into Existing Pull Box. EA 4 $1,000.00 $4,000.00 25 Remove Existing Series Conductors and Pull Box EA 7 $500.00 $3,500.00 26 Remove Existing Series Conductors LS 1 $5,000.00 $5,000.00 27 Trim Brush And/Or Tree EA 6 $570.00 $3,420.00 28 Provide As -Built Drawings (Fixed Cost) LS 1 $3,000.00 $3,000.00 29 Remove and Salvage Existing Series Service Disconnect EA 2 $500.00 $1,000.00 30 Install Crosswalk Light and Luminaire Arm EA 1 $1,000.00 $1,000.00 31 Furnish & Install 3" PVC Conduit LF 50 $80.00 $4,000.00 32 Pothole in Concrete/Asphalt Roadways (Allowance) LS 1 $25,000.00 $25,000.00 33 Pothole in Parkway (Allowance) LS 1 $25,000.00 $25,000.00 Subtotal $478,015.00 ADDITIVE BID ITEM 34 Furnish 360 -degree shields (ADDITIVE BID ITEM) EA 35 Furnish House Side Shields (ADDITIVE BID ITEM) EA Subcontractors Name $ Address V&E Tree Service P.O. Box 3280 Orange, CA 92865 United States Description Trim Bush / Tree 20 40 License Num 654506 Plane -,,Bids, Inc. $420.00 $420.00 Subtotal Total CADIR 1000001936 $8,400.00 $16,800.00 $25,200.00 $503,215.00 Amount Type $3,000.00 SP 1 OF 22 CITY OF NEWPORT BEACH aica'� PUBLIC WORKS DEPARTMENT % 01/1 -1 SPECIAL PROVISIONS FY 2017-2018 STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 6269 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. E -5077-S); (3) the City's Standard Special Provisions (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including Supplements; and 5) Caltrans Standard Specifications (Latest Edition). Copies of the Standard Special Provisions may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter:) PART 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of mobilization, providing traffic control, distributing construction notifications, concrete improvements, installing, removing and relocating street lighting facilities, furnishing and installing street lighting facilities and appurtenances, restoring concrete and grout caps, potholing existing utilities, and all other items to complete work in place." 2-9 SURVEYING 2-9.1 Permanent Survey Markers. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the Engineer 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 SP2OF22 Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. 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. SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Specifications and these Special SP3OF22 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 31d 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, at his cost, shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor, at his cost, shall replace all City - owned water valve boxes, covers, and associated hardware with new 4TT boxes and covers if damaged and/or needs to be adjusted to grade. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T, cable television, and other utility companies to have existing facilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing street light standards and luminaires, service disconnects, pull boxes, utility manhole (including grade rings), meter or valve box covers, and all removed cast iron pipes as identified by the Engineer. Salvaged materials shall be delivered to Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting the City of Newport Beach Utilities Division at (949) 644-3011. 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 ten working days prior to commencing any work. The schedule may be bar chart or CPM style. The Contractor shall complete the new service installations prior to commencing other items of work. SP4OF22 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 the Contractor has exerted extra effort to meet the original schedule and has demonstrated 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 65 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 St (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 24th, (Christmas Eve), December 25th (Christmas), and December 31 St (New Year's Eve). If January 1 St, July 4th, November 11 th, December 24th, December 25th or December 31St falls on a Sunday, the following Monday is a holiday. If January 1St, July 4th, November 11 th December 24th December 25th or December 31 St falls on a Saturday, the Friday before is a holiday. If a working day conflicts with City -approved special events, the Contractor shall modify working day/hours to accommodate said event. 6-7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. All work requiring the closure of vehicular travel lane(s) along Jamboree Road shat! take place between 9:00 a.m. and 3:00 p.m. only. 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 6:00 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 SP50F22 right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $216.00 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 $1,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000.00 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. All work pertaining directly to furnishing and installing the service cabinets shall be completed prior to all other work. For each new service location all coordination with Southern California Edison (SCE) and the City shall be signed off and written confirmation provided to the Engineer from SCE documenting the meter connection and energizing schedule. Work shall be completed to the satisfaction of the Engineer prior to proceeding with the remaining scheduled work. The Contractor shall be responsible for obtaining a written "Notice -to -Proceed" from the Engineer prior to starting additional contract work. The Contractor shall schedule all work to minimize the inconvenience to the public. SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR tE;111111 =101 =M &i k d =1 Ji El I . k il =1 Z M 1101= 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during saw cutting 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 hftp://www.newportbeachca.gov/publicworks." 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: SP6OF22 a. Not placing 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. 7-8.7 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 heavily traveled roadways, as determined by the Engineer, shall be pinned and recessed flush with existing pavement surface." 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 (W.A.T.C.H.), latest edition, 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 City right-of-way or property if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new SP7OF22 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 showing typical closures and detour plans(s). The Contractor shall be responsible for processing and obtaining approval of traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Traffic control and detours shall incorporate the following items: 1. A traffic control plan is required for work along and affecting Jamboree Road and shall be prepared and signed by a California registered Traffic Engineer. 2. Emergency vehicle access shall be maintained at all times. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718-3468 and all affected property owners." 5. Sidewalk closures in nonresidential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 6. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 7. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 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. SP8OF22 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 $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 -inches wide and 18 -inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs, which are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.6 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses 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 valid "A" or "C-10" Contractor's License. The Contractor shall have maintained a contractor's license for at least five years and completed, at a minimum, three comparable sized streetlight series conversion projects. Projects and contacts shall be listed in the Technical Ability and Experience Reference sheet. At the start of work and until completion of work, the Contractor and all Sub- contractors shall possess a valid Business License issued by the City of Newport Beach. SP9OF22 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As -Built" drawings. It shall be the contractor's responsibility to arrange for the appropriate changes to be made to the final drawing set, and present both a corrected Mylar hard copy and a compact disc (CD) with each drawing sheet saved as a .PDF as described in the City of Newport Beach Design Criteria Standard Special Provisions & Standard Drawings for Public Works Construction 2004 edition (revised June 23, 2008). The "As -Built" Mylar plans and CD 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 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. Contract will be awarded based on the lowest base bid received. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for mobilization, providing bonds, insurance and financing, obtaining an equipment and material storage site, construction surveying, preparing the BMP Plan, potholing and exploratory work, preparing and updating construction schedule, providing submittals, attending all construction meetings, demobilization, completing all reporting documents, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for delivering all required notifications, posting signs and notifying residents and businesses. In addition, the Contractor shall submit to SP 10 OF 22 the Engineer - at least five working days prior to the pre -construction meeting - a traffic control plan showing typical closures and detour plan(s). A traffic control plan is required for work along and affecting Jamboree Road and shall be prepared and signed by a California registered Traffic Engineer. The Contractor shall be responsible for processing and obtaining approval of traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Item No. 3 Replace and Install New Type IV (29'-6") Standard (Ameron Cat. No. 1-J2- 23-JS6) and Leotek 88 watt, 9,000 lumen (#GCM2-40E-MV-NW-X-700), 240 volt LED luminaire: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing existing street light standard and installing new street light standard on existing foundation, as shown on plan or as directed by the Engineer; re -grouting; sawcutting; removing and disposing of existing pavement sections to accommodate improvements; furnishing and installing new Leotek 88 watt, 9,000 lumen, 240 volt LED luminaire with shorting cap; furnishing and installing double fuse holder with 5 amp glass type fuses (Tron #HEX -AA) in adjacent pull box as per Detail 'C' as noted on the plans; backfilling, compacting, restoring surface (full panels) to match adjacent area including landscaping and irrigation systems; disposing of excess excavated materials; installing pole number tag as directed by the Engineer; furnishing and installing sign(s) as directed by the Engineer; and all other items to complete the work in place. This item shall also include salvaging and delivering the old pole to the Utilities Yard located at 949 W. 16th Street. Item No. 4 Replace Existing Luminaire on Existing Streetlight Standard with New Leotek 47 watt, 4,800 lumen (#GC1-20E-MV-NW-2-GY-700), 240 volt LED luminaire: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing new Leotek 47 watt, 4,800 lumen, 240 volt LED luminaire with shorting cap on existing street light standard; furnishing and installing double fuse holder with 5 amp glass type fuses (Tron #HEX -AA) in adjacent pull box per Detail 'C' as noted on the plans; and all other items to complete the work in place. Item No. 5 Replace Existing Luminaire on Existing Streetlight Standard with New Leotek 53 watt, 5,400 lumen (#GC1-30E-MV-NW-2-GY-530), 240 volt LED luminaire: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing new Leotek 53 watt, 5,400 lumen, 240 volt LED luminaire with shorting cap on existing street light standard; furnishing and installing double fuse holder with 5 amp glass type fuses (Tron #HEX -AA) in adjacent pull box per Detail `C' as noted on the plans; and all other items to complete the work in place. Item No. 6 Replace Existing Luminaire on Existing Streetlight Standard with New Leotek 92 watt, 9,300 lumen (#GC1-40E-MV-NW-2-GY-700), 240 volt LED luminaire: Work under this item shall include, but not be limited to, the cost of all labor, equipment SP 11 4F 22 and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing new Leotek 92 watt, 9,300 lumen, 240 volt LED luminaire with shorting cap on existing street light standard; furnishing and installing double fuse holder with 5 amp glass type fuses (Trop #HEX -AA) in adjacent pull box per Detail `C' as noted on the plans; and all other items to complete the work in place. Item No. 7 Replace Existing Luminaire on Existing Streetlight Standard with New Leotek 88 watt, 9,000 lumen (#GCM2-40E-MV-NW-X-700), 240 volt LED luminaire: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing new Leotek 88 watt, 9,000 lumen, 240 volt LED luminaire with shorting cap on existing street light standard; furnishing and installing double fuse holder with 5 amp glass type fuses (Tron #HEX -AA) in adjacent pull box per Detail `C' as noted on the plans; and all other items to complete the work in place. Item No. 8 Rotate Existing Streetlight Standard: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for rotating existing street light standard; resetting on existing foundation to grade; remounting existing mast arm and luminaire to match existing orientation; re -grouting; restoring surface (full panels) to match adjacent area including irrigation systems; disposing of excess excavated materials; and all other work items to complete the work in place. The degree of rotation shall be as directed by the Engineer during construction. Item No. 9 Extend Anchor Bolts: Existing 1" diameter anchor bolt shall be extended with approved 1" diameter heavy hex coupling conforming to ASTM A194 Grade 2H or approved equal. New anchor bolt shall match the size and grade of the existing anchor bolt. The void between the existing foundation and light pole base plate shall be filled with non -shrink grout (quickrete 1585 or approved equal). Item No. 10 Remove and Replace Existing Pull Box: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing and disposing existing pull box; furnishing and installing new #3'/2 F concrete pull box, or as directed by the Engineer, per Detail 'B' as noted on the plans; installing 24" of additional wiring and coil (pigtail) within pull box; installation of pull boxes with tamper -proof stainless steel locking bolts/nuts, Bryce Fastener or equivalent; Lock nuts shall be 3118-16 Penta Nut 316SS; removing existing abandoned conduit and conductors; removing pavement; backfilling, compacting, restoring surface (full panels) to match adjacent area including landscaping and irrigation systems; disposing of excess excavated materials; and all other items to complete the work in place. Item No. 11 Re -grout and Restore Surface: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for re -grouting the existing street light standard on existing foundation to grade; restoring surface (full panels) to match adjacent area including landscaping and irrigation systems; disposing of excess excavated materials; and all other work items to complete the work in place. SP 12 OF 22 Item No. 12 Raise Existing Conduit: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for raising the existing conduit and sweeps; restoring surface (full panels) to match adjacent area including landscaping and irrigation systems; disposing of excess excavated materials; and all other work items to complete the work in place. Item No. 13 Remove Existing Pull Box: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing and disposing existing pull box; removing pavement; backfilling, compacting, restoring surface (full panels) to match adjacent area including landscaping and irrigation systems; disposing of excess excavated materials; and all other items to complete the work in place. Item No. 14 Furnish and Install New #3-112 F Concrete Pull Box: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing #3Y2 F concrete pull box, or as directed by the Engineer, per Detail `B', Detail `C', Detail `E', Detail `F', and Detail `G' as noted on the plans; installing minimum 24" of additional wiring and coil (pigtail) within pull box; installation of pull boxes with tamper -proof stainless steel locking bolts/nuts, Bryce Fastener or equivalent; Lock nuts shall be 3/18-16 Penta Nut 316SS; removing pavement; backfilling, compacting, restoring surface (full panels) to match adjacent area including landscaping and irrigation systems; disposing of excess excavated materials; and all other items to complete the work in place. Item No. 15 Furnish and Install New Single -Meter Type III -BF Service Cabinet: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing, constructing, and installing new single -meter stainless steel Type III -BF Myers service cabinet as directed by the Engineer, base/foundation, and electrical components per the details shown on the plans; installing 3" PVC conduit with pull rope from service cabinet to adjacent SCE service point as required by SCE; coordinating with the Engineer and SCE for service connection and core drilling; connecting conductors and wiring; providing new Type V photoelectric cell and 3-20 amp contactors, 1-1 P 20 amp breaker for PE control and 4-2P 20 amp breakers for the required circuits; labeling circuits per National Electrical Code (NEC); installing twist -lock photo electric cell with shield facing away from traffic within cabinet; removing pavement, excavating, backfilling, compacting, disposing of excess excavated materials, restoring surface (full panels) to match adjacent area including landscaping and irrigation systems as directed by the Engineer, temporary patching or plating, controlling ground and surface water, and all other items to complete the work in place. The Contractor shall complete all work relating to installing or modifying service cabinets, including, but not limited to, furnishing and installing equipment, coordinating with SCE, and ensuring the new system is operational. Work shall be completed to the satisfaction of the Engineer prior to proceeding with remaining scheduled work. Item No.16 Re-establish Survey Marker in Existing Grout Cap: Work under this item shall consist of re-establishing a survey marker in accordance with City requirements. All surveying shall be performed under the direct supervision of a California Licensed Land SP 13 OF 22 Surveyor. All work done on markers shall be recorded and copies thereof filed with the Engineer and the County Surveyor. This work will include all reestablishment of all monuments and markers that are disturbed through the course of completing this project. Item No.17 Furnish and Install New Locks on All Streetlight Panel Doors. Contractor shall furnish and install 114-20x1 112 BH PENTA-PLUS M/S SS(9012584-0001)(7801650) locks on all streetlight panel doors. Work under this item shall include, but not limited to, the cost of all labor, equipment, and materials for furnishing and installing new locks on all streetlight panel doors. Any panel doors damaged during installation of the new locks shall be replaced. Item No.18 Furnish and Install New 1-1/4" PVC Conduit with 248 Stranded Copper Insulated Conductors and 148 Bare Copper Conductor: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1-1/4" PVC conduit with 248 stranded copper insulated conductors, 148 bare copper conductor, and appurtenances to make required connections, wiring, and all other items to complete the work in place. Conduit ends shall be sealed with ductseal or approved equal. Conduit shall be installed under sidewalk/parkway/street or as directed by the Engineer. Item No.19 Furnish and Install New 1-1/4" PVC Conduit with 448 Stranded Copper Insulated Conductors and 148 Bare Copper Conductor: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1-1/4" PVC conduit with 448 stranded copper insulated conductors, 148 bare copper conductor, and appurtenances to make required connections, wiring, and all other items to complete the work in place. Conduit ends shall be sealed with ductseal or approved equal. Conduit shall be installed under sidewalk/parkway/street or as directed by the Engineer. Item No.20 Furnish and Install New 1-114" PVC Conduit with 648 Stranded Copper Insulated Conductors and 148 Bare Copper Conductor: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1-114" PVC conduit with 648 stranded copper insulated conductors, 148 bare copper conductor, and appurtenances to make required connections, wiring, and all other items to complete the work in place. Conduit ends shall be sealed with ductseal or approved equal. Conduit shall be installed under sidewalk/parkway/street or as directed by the Engineer. Item No.21 Furnish and Install New 248 Stranded Copper Insulated Conductors and 148 Bare Copper Conductor: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing new 248 stranded copper insulated conductors, 148 bare copper conductor, and appurtenances in existing conduit; removing, salvaging, and/or disposing existing wiring; and all other items to complete the work in place. Conduit ends shall be re -sealed with ductseal or approved equal. SP 14 OF 22 Item No.22 Furnish and Install New 448 Stranded Copper Insulated Conductors and 148 Bare Copper Conductor: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing new 448 stranded copper insulated conductors, 148 bare copper conductor, and appurtenances in existing conduit; removing, salvaging, and/or disposing existing wiring; and all other items to complete the work in place. Conduit ends shall be re -sealed with ductseal or approved equal. Item No.23 Furnish and Install New 648 Stranded Copper Insulated Conductors and 148 Bare Copper Conductor: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing new 648 stranded copper insulated conductors, 148 bare copper conductor, and appurtenances in existing conduit; removing, salvaging, and/or disposing existing wiring; and all other items to complete the work in place. Conduit ends shall be re -sealed with ductseal or approved equal. Item No. 24 Furnish and Install New Conduit into Existing Pull Box, Splice New to Existing Conductors, Furnish and Install New 248 Stranded Copper Insulated Conductors and 148 Bare Copper Conductor: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new conduit, per plans, into existing pull box; splicing new 248 stranded copper insulated conductors, 148 bare copper conductor, to existing conductors; removing, salvaging, and/or disposing existing wiring; and all other items to complete the work in place. Conduit ends shall be re -sealed with ductseal or approved equal. Item No. 25 Remove Existing Series Conductors Prior to Installing New Conductors. Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering existing series conductors within existing conduit as noted on plans, installing new conductors as noted on plans in existing/new conduit, removing and disposing existing pull box, connecting the existing conduit with new appropriate -sized conduit and fittings, backfilling, and restoring surface (full panels) to match adjacent area including landscaping and irrigation systems, as directed by the Engineer; and all other work items to complete the work in place. Item No. 26 Remove Existing Series Conductors: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering existing series conductors within existing conduit as noted on plans, abandoning conduit as directed by the Engineer; and all other work items to complete the work in place. Item No. 27 Trim Brush and/or Tree: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for trimming/removing existing brush and/or trees as directed by the Engineer; disposing of materials; and all other items to complete the work in place. This item may be removed or reduced in the contract at SP 15 OF 22 the Engineer's discretion and no compensation shall be made for bid items removed or reduced. Item No. 28 Provide As -Built Drawings: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for marking up Contract drawings with as -built conditions and all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to payment request. Item No. 29 Remove and Salvage Existing Series Service Disconnect: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing existing series service disconnect, electrical components, and appurtenances; coordinating with SCE for service disconnection; removing pavement foundation, excavating, backfilling, compacting, disposing of excess excavated materials, restoring surface (full panels) to match adjacent area including irrigation systems as directed by the Engineer; disposing of excess excavated materials; temporary patching or plating; controlling ground and surface water; and all other items to complete work in place. Item No. 30 Install owner -provided 6' luminaire arm and Leotek 53 watt, 5,400 lumen (#GC 1 -30E-MV-NW-2-GY-530), 240 volt LED luminaire from City Yard onto existing Type 15TS standard pole at crosswalk. Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for delivering and installing new luminaire arm and Leotek 53 watt, 5,400 lumen, 240 volt LED luminaire with shorting cap on existing street light standard; furnishing and installing double fuse holder with 5 amp glass type fuses (Trop #HEX -AA) in adjacent pull box per Detail `C' as noted on the plans; and all other items to complete the work in place. Existing 1'/" conduit run in sidewalk shall be connected to existing pull box in vicinity of existing street light pole. Item No. 31 Furnish and Install New 3" PVC Conduit. Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 3" PVC and all other items to complete the work in place. Conduit ends shall be sealed with ductseal or approved equal. Conduit shall be installed under sidewalk/parkway/street or as directed by the Engineer. Conduit installation shall be per SCE specifications and requirements. Item No. 32 Pothole in Concrete/Asphalt Areas (Allowance): Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for potholing within concrete and asphalt areas. Work shall also include replacing back concrete, asphalt, and decorative paving in kind per City Standards (STD 105 -L -B through STD 105 -L -F) and Specifications, Cost of this work shall be $800.00 per pothole with a total allowance up to $25,000. Pothole locations shall be determined by Public Works Inspector. This item may be removed or reduced in the contract at the City's discretion and no additional compensation shall be made for bid items removed or reduced. SP 16 OF 22 Item No. 33 Pothole in Parkway (Allowance): Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for potholing within the landscaped parkway. Work shall also include replacing back landscape parkway, matching the existing condition, in kind per City Standards and Specifications. Cost of this work shall be $400.00 per pothole with a total allowance up to $25,000. Pothole locations shall be determined by Public Works Inspector. This item may be removed or reduced in the contract at the City's discretion and no additional compensation shall be made for bid items removed or reduced. Item No. 34 Furnish 360 -degree Shields (ADDITIVE BID ITEM): Contractor shall furnish to the City 360 -degree shields for the new light fixtures to be installed. 360 -degree shields shall be Leotek or approved equal and shall be compatible with Leotek GCM and GC1 street light fixtures proposed on this project. City to determine how many 360 -degree shields for each type of light fixture will be required. Contractor shall deliver product to City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of materials by contacting the City of Newport Beach Utilities Division at (949) 644-3011. This item may be removed or reduced in the contract at the City's discretion and no additional compensation shall be made for bid items removed or reduced. Item No. 35 Furnish House Side Shields (ADDITIVE BID ITEM): Contractor shall furnish to the City house side shields for the new light fixtures to be installed. House side shields shall be Leotek or approved equal and shall be compatible with Leotek GCM and GC1 street light fixtures proposed on this project. City to determine how many house side shields for each type of light fixture will be required. Contractor shall deliver product to City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of materials by contacting the City of Newport Beach Utilities Division at (949) 644-3011. This item may be removed or reduced in the contract at the City's discretion and no additional compensation shall be made for bid items removed or reduced. SP 17 OF 22 PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560-C-3250." 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Epoxy - coated Grade 60 steel conforming to ASTM A 775 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 209 — ELECTRICAL COMPONENTS 209-2 MATERIALS 209-2.1 Electroliers. Street Light standards shall conform to the City of Newport Beach Standard Special Provisions and Detail `D', as noted on the plans. Luminaires for New Multiple Circuits LED Luminaires shall be: LEOTEK GreenCobra LED Street Light • 47 watt 4,800 Lumen, 240 volt, #GC1-20E-MV-NW-2-GY-700 • 53 watt 5,400 Lumen, 240 volt, #GCI-30E-MV-NW-2-GY-530 • 88 watt, 9,000 Lumen, 240 volt, #GCM2-40E-MV-NW-X-700 0 92 watt 9,300 Lumen, 240 volt, #GC1-40E-MV-NW-2-GY-700 Contact: South Coast Lighting, Jon -Eric Santanello (949) 276-8850. LED luminaires shall be warranted a minimum of 10 years from the date of project acceptance. 209-2.2 Anchor Bolts. Anchor bolts shall conform to the Detail Sheet as noted on the plans. 209-2.3 Conduit. Unless otherwise noted on the plans, conduit shall be 1 Y4" Schedule 40 PVC per Detail 'B' as noted on the plans. SP 18 OF 22 3" line -side conduit from service cabinet to Edison Vault shall be per SCE specifications and requirements. 209-2.4 Wire. Wiring for street lighting shall consist of 2#8 stranded copper insulated conductors for each circuit with 1#8 bare copper conductor for grounding. Each street lighting circuit shall be color coded. Refer to project plans for color codes for each circuit. Fuse holders shall be model TRON #HEX -AA and contain Mersen/Ferraz Shawmut Normal Blow GGU5 5A 120V Glass Fuses. Pull boxes with new lock shall be Eisel Enterprises No. 3'/2F or No. 5F or pre -approved equal per Detail 'B' as noted on the plans. Pull boxes shall have tamper -proof stainless steel locking bolts/nuts, Bryce Fastener or equivalent; Lock nuts shall be 3/18-16 Penta Nut 316SS. Type III -BF single -meter stainless steel service cabinets shall conform to the requirements of Detail 'A' as noted on the plans. Service panel shall provide same number of relay contactors as circuits. Service cabinet shall be Myers MEUG-20X-316-M100- SCE-120/240-1 Ph/3W with the following: • 200A / 4 Jaw Meter Socket & Test Blocks • 12 Circuit Panel • 100A/2P-Main Breaker-10KAIC • 20A/2P — Lighting — 4 Ea • 20A/1 P — PE Control —1 Ea • 30A/3P — ABB Ltg Contactor -120V Coil — 3 Ea Test Switch • P.E. Receptacle • 316 Stainless Steel Const. — NEMA 3R • 316 Stainless Steel Base Assy. Included New locks shall be provided on street light panel doors. Contractor shall salvage the existing screws. 209-2.9 Photocells. Photocells shall be Fisher Pierce, 7 -Pin, twist lock. Photocells installed on service cabinets shall include control relays. Photocells on luminaires shall include shorting caps. 69aMIA Ra PART 3 CONSTRUCTION METHODS SECTION 300 --EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials. Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://www. newoortbeach. ca. aov/aeneraIse rvices" 300-1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-1/2 '/z inch" of the last sentence with the words "two (2) inches". 300-1.5 Solid Waste Diversion. Non -reinforced clean 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. SP 20 OF 22 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., stamped concrete, pavers and brick within private or public property damaged during construction in a manner that matches the adjoining areas in structural section, texture and color." 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 be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree." The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. Kevin Pekar at (949) 644-3197 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. SP 21 OF 22 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. 4. Root Barrier a. Following the root pruning process, root barriers shall be installed per Standard Plans for Public Works Construction (SPPWC), latest edition, Standard Plan 523- 2, and Standard Specifications for Public Works Construction, latest edition. SP 22 OF 22 PART 4 SECTION 400 ---ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400-2 UNTREATED BASE MATERIALS 400-2.1 General 400-2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials."