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HomeMy WebLinkAboutC-3416 - Balboa Peninsula Streetlight Modifications.4/ W n' \ 0 February 11, 2004 r CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC Pro Tech Engineering Corp. �dr C/3 C S anf o, A06(- 3855 E. La Palma Avenue, #127 vA� n ,0 Anaheim, CA 92807 lam' Subject: Balboa Peninsula Streetlight Improvements Project (C -3416) To Whom It May Concern: On February 11, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on April 14, 2003. The Surety for the contract is Gulf Insurance Company, and the bond number is BE2623024. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Michael J. Sinacori, Project Manager enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us s 9 EXECUTED IN QUADRUPLICATE PAGE 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA STREETLIGHT IMPROVEMENTS CONTRACT NO. 3416 BOND NO. BE2623024 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ _ 5,440.00 , being at the rate of $ 14.40 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to ProTech Engineering, hereinafter designated as the "Principal ", a contract for construction of BALBOA PENINSULA STREETLIGHT IMPROVEMENTS, Contract No. 3416 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3416 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and GULF INSURANCE COMPANY , 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 three hundred seventy -seven thousand, eight hundred seven and no /100 Dollars ($377,807.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 0 0 PAGE 17 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 2ND day of JULY 2001. ProTech Engineering (Principal) GULF INSURANCE COMPANY Name of Surety 110 WEST "A" STREET, STE.1805 SAN DIEGO, CA 92101 Address of Surety 800 - 708 -0589 Telephone Authorized Signature/Title Authorized Agent Signatures DWIGHT REILLY, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED i 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California SAN BERNARDINO ss. County of J On JULY 21 2001 before me, CLAUDETTE N. MARTIN, NOTARY PUBLIC Del. Maui end Ifille of Office[ (e.g.. -J.n. Doe, Notary Public-) personally appeared DWIGHT REILLY ------------------------------- Nam.(s) of Signogs) onn1lr"; '. fi( '� r C Place Nolary Seal Above Z,j personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(x) whose name %) islam subscribed to the within instrument and acknowledged to me that helskllf/I IK executed the same in hisll-pwft X authorized capacityfj , and that by his"If( HIK signature(x) on the instrument the person(g), or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. LlC1u&& /_l . I/-y7 Signature of Nolary Public CLAUDETTE N. MARTIN OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could proven( fraudulent removal and rear(achmen( of this form to another document. Description of Attached Document Title or Type of Document: PERFORMANCE BOND Document Date: JULY 2, 2001 Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: DWIGHT REILLY---------- O Individual ❑ Corporate Officer— Title(s): O Partner — O Limited D General KJ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Number of Pages: Signer Is Representing: GULF INSURANCE COMPANY I 0 1997 NalMnal Nolary Association • 9350 Oe Solo Ave„ P.O, Box 2402 • Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder. Cen Too -Free t -e00 8r0.882P GULF INSURANCE COMPANY BE2623024 HAZELWOOD, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INN. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney -in -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s) -in -fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby male, constitute and appoint H.J. Dueck Dwight Reilly Vicki Martinez Christopher S. Hopper its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and /or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. FANCE .�S p 0 GUL=NCE COMPANY J O�PPOngri^ 'sue SEAL P_ STATE OF NEW YORK SS �ssoo e` Lawrence P. Miniter COUNTY OF NEWYORK Executive Vice President On this 16th day of November, A.O. 2000, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. bj,� ?�T�/9 David Ja� rn Y Notary Public, State of New York STATE OF NEW YORK SS o ¢ No. 02JA4958634 COUNTY OF NEW YORK �t �Letx 0 Qualified in Kings County A Nt Commission Expires December 30, 2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, 00 HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. JULY S�naNCE e s.ao0Ppopgr� o ;; Dated the 2N� ` aY'� JULY 20 01 SEAL �SspOe' George Biancardi Senior Vice President I n r s! r, v. ar .ra ..s G1TY OF A � 0 v 9 0 O W M �Sj CO O t7, O m Ul r+ woo �`C a, cfl i I > u� o to �o M m 171 tj m b a p a O 0 m rD QG LO o m pC<rA d mzm m Cm0 CN V l3rr pm zmm zO 1 V -4-5 -1 -40 00 00 z 0 0 no tm ZAD 2� tf£O Om MD0 no ppp zw Om CA m U� V O N r V O F G1TY OF A � 0 v 9 0 O W M �Sj CO O t7, O m Ul r+ woo �`C a, cfl i I • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC April 14, 2003 Pro Tech Engineering Corp. 3855 E. La Palma Avenue, #127 Anaheim, CA 92807 Subject: Balboa Peninsula Streetlight Improvements Project (C -3416) To Whom It May Concern: On February 11, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on March 10, 2003, Reference No. 2003000259686. The Surety for the contract is Gulf Insurance Company, and the bond number is BE2623024. Enclosed is the Labor & Materials Payment Bond. Sincerely, J LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Michael J. Sinacori, Project Manager encl. 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 F_ I EXECUTED IN QUADRUPLICATE PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA STREETLIGHT IMPROVEMENTS CONTRACT NO. 3416 BOND NO. BE2623024 PREMIUM:$5,440.00 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to ProTech Engineering, hereinafter designated as the "Principal," a contract for construction of BALBOA PENINSULA STREETLIGHT IMPROVEMENTS, Contract No. 3416 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3416 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, GULF INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of three hundred seventy -seven thousand, eight hundred seven and no /100 Dollars ($377,807.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. PAGE 15 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, ork the 2ND day of JULY , 2001. ProTech Engineering (Principal) G17 G1J1,F INSURANCE COMPANY Name of Surety 110 WEST "A" STREET, STE -1805 SAN DIEGO, CA 92101 Address of Surety :�� Telephone Authorized Signature/Title Authorized Agent Signatur DWIGHT REILLY, ATTORNEY —IN —FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 10 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California I SAN BERNARDINO - _, _ ss. County of �___.� On JULY 2, 2001 , before me, CLAUDETTE N. MARTIN, NOTARY PUBLIC Dole Ngnm and Lille of 011lcer )q.p.,'Jan. Doe, Notery Public") personally appeared DWIGHT REILLY--------------- -- - --- i X� w _ N personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose name) is /dr)i subscribed to the within instrument and acknowledged to me that helffiNX ; executed the same in hisi'DW 6iY& authorized capacity]PK§�, and that by his /hXYAW tf signature(90 on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public CLAUDETTE N. MARTIN OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: PAYMENT BOND Document Date: JULY 2, 2001 Number of Pages: Signers) Other Than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: DWIGHT REILLY------------------ - - - --- ❑ Individual Tap of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General N Attorney in Fact i ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: GULF INSURANCE COMPANY 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 913132402 Prod. No 5907 Handsc Call Toll Free 1- 800 - 876 -6827 GULF INSURANCE COMPANY • BE2623024 HAZELWOOD, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney -in -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s) -in -fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint H.J. Dueck Dwight Reilly Vicki Martinez Christopher S. Hopper its true and lawful attorney(s) -in -fact, with full power and authcity hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and /or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s) -in -fact, pursuant to the authority herein given; are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to he signed by any officer of the Company and its Corporate Seal to be hereto affixed. �F?NCE ���SOpFOggr �Oy, GULC�NICE COMPANY SEA. P STATE OF NEW YORK SS ssocv' J Lawrence P. Minster COUNTY OF NEW YORK / Executive Vice President On this 16th day of November, A.D. 2000, before me .ame Lawranca P- Nliniter, icnawn to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen, State of blew Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said carperation arid that he signed his name, thereto by like order. PJ \0 JAF� STATE OF NEW YORK SS y o ¢ COUNTY OF NEWYORK i°oFNL�-t� � David Jafl j Notary Public, State or New York No. 021A4958634 Qualified in Kings County Commission Expires December 30, 2001 1, the undersigned, Senior Vice President of the Gulf Insurance Company, a Ntissourl Corporation, OD HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains In full force. Signed and Sealed at ;he City or New Yor c. �s. zaoa eo Elated the 2�N� daj�, f ZULY 9D 01 �'saO Georee Biancardi Senior 'Vice President RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 • �v Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder 1111111111111111111111111111101111 11IN1111111111111111111111111NO FEE 2003000259686 01:43pm 03110103 117 80 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and ProTech Engineering of Anaheim, California, as Contractor, entered into a Contract on June 26, 2001. Said Contract set forth certain improvements, as follows: Balboa Peninsula Streetlight Modifications (C -3416) Work on said Contract was completed on September 26, 2002, and was found to be acceptable on February 11 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Gulf Insurance Company. c�. VERIFICATION Director rt Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. BY — City Clerk J p CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC February 12, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Dover Drive Zone II Water Main Replacement and Street Rehabilitation from Cliff Drive to West Coat Highway Project (C- 3394); and Notice of Completion for the Balboa Peninsula Streetlight Modifications Project (C- 3416); and Notice of Completion for the Zone V Emergency Backup Generator Project (C -3506) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC City Clerk Enclosures 3300 Newport Boulevard Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "F xempt from recording ees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and ProTech Engineering of Anaheim, California, as Contractor, entered into a Contract on June 26, 2001. Said Contract set forth certain improvements, as follows: Balboa Peninsula Streetlight Modifications (C -3416) Work on said Contract was completed on September 26. 2002, and was found to be acceptable on February 11, 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Gulf Insurance Company. Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on c QQ at Newport Beach, California. s BY City Clerk • 0 C33) CITY OF NEWPORT BEACH C �y t CITY COUNCIL STAFF REPORT Agenda Item No. 6 February 11, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department R.Gunther, P.E. 949 -644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: BALBOA PENINSULA STREETLIGHT MODIFICATIONS, CONTRACT NO. 3416 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On June 26, 2001, the City Council authorized the award of the Balboa Peninsula Streetlight Modifications contract to ProTech Engineering of Anaheim, California. The contract provided the replacement of streetlights on Balboa Peninsula under the City's fifteen -year program to convert obsolete 5000 -volt series streetlight circuits and replace aging facilities. The project provided the replacement or refurbishment of 103 incandescent lights and approximately 20,000 feet of electrical conduit and wiring on the Ocean Front sidewalk to Newport Pier, along Balboa Boulevard between Island Avenue and 28`" Street, and extending north of 32nd Street to River Avenue between Marcus and Lake Avenues. The contract has now been completed. However, there were numerous problems throughout the project concerning inferior quality work, uncompleted work, and incorrectly installed work that presented safety problems (missing ground wires and fuses, and exposed wires) to the City. The project required City Staffs continual persistence to have corrections made by the contractor. The contractor claimed on three separate occasions to have completed the project, yet on the first two occasions, it was shown the work was significantly deficient and incomplete. The second punch list for the project was so extensive, over 500 corrective items were shown on the 14 sheets of drawings. Through extensive effort by City Staff, SUBJECT: BALBOA PENIULA STREETLIGHT MODIFICATIONS, CONTRACT NO. 3416— COMPLETION AND ACCEPTANCE February 11, 2003 Page 2 the contractor made most of the required corrections; however, for the two items left unfinished the contractor was charged $6,200. The extensive corrective work required extending the final project completion, consuming both staff time and resources. In the final negotiations with the contractor, the contractor was charged an additional $8,000 on Change Order No. 9 in lieu of charging liquidated damages. A summary of the contract cost is as follows: Original bid amount: $375,807.50 Actual amount of bid items constructed: 382,357.50 Total amount of change orders: 74,209.30 Final contract cost: $456,566.80 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional deeper pullboxes on Balboa Boulevard exceeding the bid item quantities. The final overall construction cost including change orders was 21.49 percent over the original bid amount. A total of 11 change orders were issued to complete the project. They were as follows: 1. No cost time extension setting start date of September 24, 2001 and with 140 working days from start date. 2. No cost change order splitting bid item 9 into bid items 9 and 9a. 3. A change order in the amount of $21,000.00 provided for the installation of deep conduit at 14 locations to run beneath the storm drain. 4. A deductive change order in the amount of $1,174.14 provided reimbursement to the City for City repairs to a sewer main, bored through by the contractors boring machine. 5. A change order in the amount of $2,890.60 provided for the modification of conduit size along Balboa Blvd. from specified 1 -1/4 inch to 1 -1/2 inch for entire run (7620 LF). 6. A change order in the amount of $8,725.00 provided a revised power service, an additional pole reinstallation, increased service pedestal size, revised luminaire arms from 6 to 8 feet, and four additional pole reinstallations on Lake Avenue. 7. A change order in the amount of $25,000.00 provided for the boring of conduit between 35th and 38th streets and the relocation of 10 additional poles on River, 35th, 241h, and Ocean Front. SUBJECT: BALBOA PENINOLA STREETLIGHT MODIFICATIONS, CONTRACT 34%— COMPLETION AND ACCEPTANCE February 11, 2003 Page 3 8. A deductive change order in the amount of $518.66 provided reimbursement for phone line repairs for the contractor's damage to the emergency phone line to a lifeguard tower. 9. A deductive change order in the amount of $14,200.00 provided for reimbursement to the City for the contractor's failure to install wire color per plan ($3000), additional reimbursement to the City for contractor's failure to install wire color per plan ($8,000, - assessed in lieu of liquidated damages), and reimbursement to the City for 16 old pullboxes that were not removed by the contractor. 10. A change order in the amount of $9,800.00 provided for additional amounts due the contractor on Change Order Nos. 6 and 7. 11. A change order in the amount of $22,686.50 provided for increased wire sizes required by the City. Funds for the project were expended in the following accounts: Description Streetlight Conversion Streetlight Replacement Oceanfront Walkway and Lighting The original scheduled completion date by the City by change order to May work that required correction during until September 26, 2002. Account No. Amount 7014- C5200025 $39,910.82 7014- C5300035 276,655.98 7295- C5100568 140,000.00 Total $456,566.80 was April 10, 2002. The contract was extended 15, 2002. Due to the large amount of defective the punchlist phase, the work was not completed Environmental Review: This project was determined to be exempt from California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the construction of this project was authorized by the City Council. This exemption covers the replacement or reconstruction of existing utility facilities with negligible or no expansion of capacity. Prepared by: Submitted by R. Gunther, P.E. Construction Engineer Attachments: Stephen r-%JB-c*um Public Works Director 1. Public Works Department Letter of August 14, 2002 2. Public Works Department Letter of July 22, 2002 August 14, 2002 � �'i'ae.�n CIT'i OF NEWPORT AkH s meht PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949)644 -3311 Mike Niknafs ProTech Engineering Corporation 3855 La Palma Avenue, Suite 127 Anaheim, CA 92807 Subject: Balboa Peninsula Streetlight Modifications, Contract No. 3416 Final Punch List Drawings Dear Mr. Niknafs: In your letter of June 14, 2002 you requested a final job -walk for this project, stating that all of your work was completed. The final job -walk, began on Wednesday, July 3, 2002 and occurred over a three -week period, being completed on July 16, 2002. Over 100 hours of City staff time was invested in the job -walk and the compilation of the punch list drawings. ProTech attended only the first three hours of the job -walk on the first day of the walk. Poor Quality of Work, Faulty Installations, and Unfinished Work The attached red -lined drawings detail the tremendous number of work items that were found to be installed improperly or left unfinished. The number of faulty and unfinished work items was so huge that it was impractical to list them. In fact it has taken close to a month to document and assess the large number of items and to compile them on the attached contract drawings which have been marked in red with the items to be corrected or finished (over 500 items). Many of these items were brought to your attention by the inspector previously, while some were only discovered during the job -walk where all items of work were opened up for final review. The plans and specifications were clear as to the work items to be performed and you did not indicate that you were unable to understand the plans and specifications. However, the large number of defects in installation and unfinished work demonstrates that ProTech's quality of work was severely lacking and that ProTech did not follow the plans and specifications for the project. Safety Concerns Potential safety hazards were confronted by City staff performing the job -walk (e.g. missing ground wires in street light poles) and there are numerous substandard or unfinished items that may present safety hazards for the City in the future. Project Completion Due to the extensive nature of the faulty and unfinished work and related safety issues, we are concerned with ProTech's ability to complete this project. ProTech's work is not complete as • •J-Tech Engineering Corporation Final Punch List Drawings Page 2 of 2 claimed. The contract start date for the work was September 24, 2001 and the contracted completion date was April 10, 2001 This date was extended through approved change orders and non -work days to May 13, 2002. Since the work is not complete, ProTech is liable for the contracted liquidated damages of $500 per day since May 13, 2002. Please review the punch list drawings and contact Rob Masters at 949 -644 -3312 by Wednesday, August 21 to discuss your schedule for completion of this project. If ProTech is unable to complete the work per the contract plans and specifications, the City will make arrangements for another contractor or the bonding company to complete the project. Sincerely, Bill Patapoff City Engineer By: R. Gunther Construction Engineer Attachments; Synopsis of Safety Items and Select Items Punch List Drawings, Red -Lined Cc: Steve Badum, Public Works Department Mike Sinacori, Project Manager Rob Masters, Senior Project Inspector Herb Wollerman, Utilities Dan Ohl, Deputy City Attorney Steven Itagaki, Tetra Tech ASL Consulting Engineers Gulf Insurance Company, Surety Bonding Company FAUSBRSTBW�Share&Contracts\FY 00- 01\15alboa Peninsula Street Light Modifications C- 3416\L- rg2- ProTech.doc Synopsis of Safety Items and Select Items from Punch List Drawings (see attached 14 plan sheets) A. Potential Safety Concerns. 1. Electrical ground wire is missing in Type I and Type II street light poles. All poles are required to have a ground wire connection up the pole to connect to the luminaire as per note 6 on sheet 14 of the plans. The work as installed is a safety hazard. 2. Electrical wires in street light poles are wrong color throughout the project. Color of electrical wires up poles are to match those of the wire colors specified for the circuits as per note 6 on Page 14 of the plans. (Either a black and red wire or a blue and a yellow wire). The two black wires currently installed in poles do not meet this specification. The color- coding of circuits is a current City utilities safety requirement and was clearly called out on the plans. 3. Electrical wires in conduit are wrong colors throughout the project. Colors of electrical wires in conduits are to be as specified on note 15 of sheet 1 of the plans and Section 307 -14 of the specifications. The color- coding of circuits is a city utilities safety requirement and was clearly called out on the plans and was clearly called out on the plans. 4. Bare wire is exposed on terminal strips in numerous locations and needs to be shortened. Electrical shorting can occur and is a safety hazard. 5. Color- coding of phase -wires changes color in pull boxes at noted locations. This is not per specification and is a safety hazard. 6. Many fuses were wrong size or missing - City staff has now installed the missing fuses. 7. Light pole at 28`h St. is in contact with an overhead wire and may be a safety hazard. 8. Circuit feeds are mis -wired and not per plan on sheet 12 and may be a safety hazard. B. Other Selected Items 1. No Certified Payrolls were ever received during the project to verify the payment of prevailing wages as required in the contract "Instructions to Bidders." 2. Grout caps at poles need to be removed and reformed 6 inches wide per plan sheet 14. 3. Landscaping repairs are incomplete and unacceptable, particularly along all of the median islands on Newport and Balboa Blvds. Bushes were chopped out of the way and not replaced. Damaged irrigation lines and heads need to be replaced to working order. 4. Sidewalk repairs are unacceptable. Note 11 on Page 1 of the plans calls for entire sidewalk panels to be replaced wherever sidewalk work occurs. The low quality, poorly finished patches are to be removed as shown on the attached plans. 5. As -Built drawings were not submitted monthly as required and no final As- Builts have been submitted for the project. 6. Written one -year guarantee for all installed materials has not been submitted. The above list is only a small synopsis of the some of the major items of work remaining to be done. All of the numerous items as detailed on the marked -up punch list drawings attached must be corrected and finished for the project to be complete. F:IUSERSN6 WlSharedlContrace;TY 00- OMalboa Peninsula Street Light Modifications C- 341altr- synopsis.doc July 22, 2002 07*1� OF NEWPORT AACH r. PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949)644 -3311 Mike Niknafs FAX: 714 - 281 -6829 ProTech Engineering Corporation 3855 La Palma Avenue, Suite 127 Anaheim, CA 92807 Subject: Balboa Peninsula Streetlight Modifications, Contract No. 3416 Dear Mr. Niknafs, The phone line serving the Lifeguard Tower at 13`h Street has been out since approximately June 22, 2002. The line and conduit were damaged directly at the location of the new streetlight foundation constructed by your crews as part of your work. We have requested on several occasions, including by phone last week, that you repair this damaged line. Lack of phone service to the Lifeguard Tower has presented a serious life -safety concern, since the lifeguard at Tower 13 may not be able to communicate with other towers, headquarters, or with medical personnel in an emergency. Since we did not receive a response from you to our phone calls last week, we are having the repairs made by another contractor today. Our intentions are to bill ProTech Engineering for this work. Sincerely, R. Gunther Construction Engineer Cc: Bill.Patapoff, City Engineer Mike Sinacori, Project Manager Rob Masters, Senior Inspector Dan Auger, Telecommunications Herb Wollerman, Utilities S+ �t • • CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 2:00 p.m.on the 13th day of June 2001, at which time such bids shall be opened and read for BALBOA PENINSULA STREETLIGHT IMPROVEMENTS Title of Project Contract No. 3416 $440,000 Engineer's Estimate UU11 rrcuu Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. Required Contractor License Classification(s) required for this project "C -10" OR "A" For further information, call Mike Sinacori, Project Manager at (949) 644- 3342 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA STREETLIGHT IMPROVEMENTS CONTRACT NO. 3416 TABLE OF CONTENTS NOTICE INVITING BIDS ................................ ............................... ..........................Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................1 BIDDER'S BOND ............................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5 NON - COLLUSION AFFIDAVIT .......................................................... ..............................6 NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7 CONTRACT...................................................................................... ..............................8 LABOR AND MATERIALS BOND .................................................... .............................14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL. .............................................................................................................. PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 0 9 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA STREETLIGHT IMPROVEMENTS CONTRACT NO. 3416 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. • • PAGE 2 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 in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 73/3642 , 0-40 Contractor's License No. & Classification Bidder 2191115f 'irate - a Dates ti • • BOND NO.:BE2623016 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA STREETLIGHT IMPROVEMENTS CONTRACT NO. 3416 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF TOTAL BID AMOUNT 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 BALSOA PENINSULA STREETLIGHT IMPROVEMENTS, Contract No. 3410 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 duty enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; othemise 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 12TH day of JUNE 2001. PRO TECH ENGINEERING CORPORATION Name of Contractor ( Princpal) Adtf&izedl Sig reM11e 9- GULF INSURANCE COMPANY Name of Surety 110 WEST "A" STREET, STE.1805 SAN DIEGO, CA 92101 Address of Surety 800 - 708 -0589 Telephone Authorized Agent ftnature DWIGHT REILLY, ATTORNEY -IN -FACT Print Nam aril Title (Notary acknowledgment of Principal a Surety must be attached) t 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Slate or California I ss. County of SAN BERNARDINO On JUNE 1 2 , 2001 , before ins, CLAUDETTE N. MARTINI NOTARY PuD(.Ic n.,.;'�f erbnTe, le.o.,7w uos, nei�y ue eFTI =r —'—'— personally appeared DWIGHT REILLY ------------------------------- N,„,yi or aio..,,hr .,:::�.: ^.,.cam . � - .. ^.�,,. r _,. _-• '�° -[ ClAUDEIfE N. &%RTiN Commission # 1177936 f atary Public • Cant.; -.;a Pln<n Nolnry 60PI AAova Upersonally known to me O proved to me on the basis of satisfactory evidence to be the person(§9 whose name(Aq IsIW& subscribed to the wllhln Instrument and acknowledged to me that lie/XVWMNt Kexecuted the same Ll his /IHAftI a}tX aulhollzed capacily(Ye`§), and that by his/?i&AHXiK signalure(N on the Instrument the person(fl, or the entity upon behalf of which the person(t) acted, executed the Instrument. WITNESS my hand and official seal. !`!_� SIr)n Iwo of Nolnry F"""' CLAUDEVTE N. MARTIN OPTIONAL Though Ilia Infomrallon below Is nor required by low, If nray prove valunble to persons rolying on (lie docunlenr and could prevent fraudulent ronroval and rreorrnchrnonf of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: JUNE 12, 2001 Number of Pages: Signer(s) Other Thon Named Above: Cepeclty(les) Claimed by Signer Slgner'sNamif: DWIGHT REILLY----------------------- - - -M-t ❑ Individual rwnt mo,,,b Nme O Corporate Officer — IIlle(s): ❑ Partner —O Limited III General IN Attorney In Fact O Trustee ❑ Guardian or Conservator O Other. Signer IsRepresenling: GULF INSURANCE COMPANY e 1997 Nnlinnnl Ilolnry Anmlwllnn • 93110 nn enlo Avn.. P.n, nn,. 2402 • C11.11 woeh, CA 9 1919 2402 P.M. Nn. Sant Ilnmdn,; Cnn inn r,nn 1 00e 0 r 0 an 2r 0 FORMA ALL - PURPOSE ACKNOWLEDGMENT State of California County of p4-0q1V5 On _ JANE 12 . 2001 , before me, 0.1. personally appeared J ss. .0000,0 .9, t�iAfib Upersonally known to me ❑ proved to me on [lie basis of satisfactory evidence to be the person(d) whose name(rq ISWAX subscribed to the within Instrument and acknowledged to me that he/kGk3faS9&xecuted [he same In his /IJfr1V IW1-X authorized capacllytTp`b), and that by Ills /1WIf NK signalure(i1j on the Instrument ilia personO, or Ilia entity upon behalf of which the person(t) acted, executed the Instrument, WIT SS mm�y/lliiaand and oificlai seal. Ploce Nolpry eeAi Above 'i���''�r/ "_t �� ° OPTIONAL Though Ilia Inromraflon below Is nor required by law, It "ray prove valuable to persons rolying on Isle docunlenf and could prevent fraudulent rearovel and reolfnchrnoof of Ills form to another docunrenr. Descrlptlon of Attached Document Title or Type of Document: BID BOND Document Dole: J TN . 1 2 F 2001 Number of Pages: Signer(s) Other Than Named Above: Capaclly(les) Claimed by Stoner Signer's Name: _ ❑ Individual ,0� Corporate 011lcer — Tllle(s): _ ❑ Partner — O Limited ❑ General IN Attorney In fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 1bP .1 11 nnnb hmo i Signer Is Representing: 0 1R-? rinn.nnl Nol.ry A. 111.11— • aril n. am. A— rn n.. oem • 11 n r9 r..Irm n.,.n ,r_ .... n,.,...r.... �_. �... r.... r ... .,. r.., CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA STREETLIGHT IMPROVEMENTS CONTRACT NO. 3416 DESIGNATION OF SUBCONTRACTOR(S) PAGE 4 State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 2. 3. 4. 5. 6. 7. 8. 9. 10. - Bidder Authorized PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA STREETLIGHT IMPROVEMENTS CONTRACT NO. 3416 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Person Telephone Completed Name /Agency To Contact Number or' N ;-A- (5 goy -7 /or o l ou de' _ iii �'il T 1p� 7, �-/!- y /9/ /999 ei4�Nr�,c/� o Bidder Authorm v PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA STREETLIGHT IMPROVEMENTS CONTRACT NO. 3416 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of a—' ) M11615-- N1140&15 being first duly sworn, deposes and says that hep atf is — llzEStDawT of Wo TIFc-4 l= r(GIA)> afl�iC�, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that th fore oin is true and correct. _ Mdftdbd PRZ TeC4q c-Eac h :w.'tft Bidder Auth rized Sign urerritle Subscribed and sworn to before me this day of V1117e , 2001. [SEAL] Notary Public ' My Commission Expires: Y'i I a4i LJ 0 0 ampg-avp� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA STREETLIGHT IMPROVEMENTS CONTRACT NO. 3416 NOTICE TO SUCCESSFUL BIDDER PAGE 7 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 of receipt Notice of Award to the successful bidder: • CONTRACT • 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. 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 Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice 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. 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 PAGE 8 BALBOA PENINSULA STREETLIGHT IMPROVEMENTS CONTRACT NO. 3416 CONTRACT THIS AGREEMENT, entered into this 26th day of June, 2001, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and ProTech Engineering, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BALBOA PENINSULA STREETLIGHT IMPROVEMENTS Project Description 3416 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3416, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. • • PAGE 9 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of three hundred seventy-seven thousand, eight hundred seven and no /100 Dollars ($377,807.50). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractors 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. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY CONTRACTOR City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Mike Sinacori (949) 644 -3342 ProTech Engineering 3855 E. La Palma Ave., Suite 127 Anaheim, CA 92807 (714) 630 -0717 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that • PAGE 10 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • 4. Other Insurance Provisions 0 PAGE 11 The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. • • PAGE 12 6. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. • • PAGE 13 CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: `'per CITY OF NEWPORT BEACH C m A Municipal Corporation By. am-&— t.>• --; CITY CLERK RHO. Mayor Garold B. Adams - • •- ProTech Engineering Authorized Signat re and Title Apes p1TEPMADD/YY) —�- 7nero1 Rlr THIS CERTIMATE IS ISSUED AS A MATTER OF MFORMATM FARMERS* ONLY AND CONFERS NO ROM UPON THE CERTIFICATE $ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Dalati's Insurance Agency ALTER THE COVERAGE AFFORDED BY THE POLJCIES BELOW. COMPANIES AFFORDING COVERAGE License #0768138 COMPANY FARMERSMISURANCEAGENCY (714) 956 -2222 • Fax: (714) 956 -2434 791 S. Rrookhurst • Anaheim, CA 92804 711SM2 A INSURED PRO TECH ENGINEERING CORP. COMPANY B 3888 E. LA PALMA AVE. S. Ni 127 COMPANY C ANAHEIM, CA 82807 ' COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT ITHSTANDINO ANY REQUIREMENT, TERM OR OONDITpN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. LTR TYPE OF INSURANCE POLICY NUMBER POLICY TEEXPIRATION LIMBS AUTO ONLY -EA ACCIDENT GENERAL LIABILITY e EACH ACCIDENT GENERAL AGGREGATE J 2,000,000.1 PRODUCTS- coMPiDP 0 A ® CGMMERCA.GENERALDAmm Ot605 "76 7/18101 7n8f02 PERSONAL .=- ADV. RUURY 1,000,OBO.I . MADE ®O�IR_ EACH OCCURRENCE 1 OOO.00O.I 1--1 1 1 OWNERS S CONTRACTOR'S PROT. OFFICERS ARE DESCRIPTION OF OPERATNNISILOCATNINSIVMICLESMPEOIpL ITEMS BALBOA PENINSULA STREETLIGHT MODIFICATIONS CONTRACT NO.3416 THE CRY, ITS OFFICERS, OFFICIALS EMPLOYEES & VOLUNTEERS ARE NAMED ADDITIONAL INSUREDS AS PER ATTACHED ENDORSEMENT. INSURANCE IS PRIMARY AND NOTICE FOR NONPAYMENT OF PREMRIM. CITY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL)" MAIL 3300 NEWPORT BLVD. 30 DAYS WRITTEN NOTICE tO THE CERTIFICATE HOLDER NAMED TO THE LEFT, NEWPORT BEACH, CA 02668 R9�X'l WT) 4Cw*)MCX9K"0k: ' 2t5 " 5ff)kftT AUTHOR® REPRESENTATIVE EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM I 1 cnun wwnnuwc FIRE DAMAGE (Any one Flre) I Yo,GGU.UG $ MED EXP (Airy as Pe ) S 5,000.00 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON-OWNED A1IT05 515054478 7/,18111 A 711SM2 COMBINED SINGLE UMIT S 1,000,000.00 ❑ BODILY INJURY FMPA) S ® BODILY INJURY (Pw %=Wenq $ PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO rI AUTO ONLY -EA ACCIDENT N OTHER THAN AUTO ONLY e EACH ACCIDENT OFFICERS ARE DESCRIPTION OF OPERATNNISILOCATNINSIVMICLESMPEOIpL ITEMS BALBOA PENINSULA STREETLIGHT MODIFICATIONS CONTRACT NO.3416 THE CRY, ITS OFFICERS, OFFICIALS EMPLOYEES & VOLUNTEERS ARE NAMED ADDITIONAL INSUREDS AS PER ATTACHED ENDORSEMENT. INSURANCE IS PRIMARY AND NOTICE FOR NONPAYMENT OF PREMRIM. CITY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL)" MAIL 3300 NEWPORT BLVD. 30 DAYS WRITTEN NOTICE tO THE CERTIFICATE HOLDER NAMED TO THE LEFT, NEWPORT BEACH, CA 02668 R9�X'l WT) 4Cw*)MCX9K"0k: ' 2t5 " 5ff)kftT AUTHOR® REPRESENTATIVE EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM I 1 cnun wwnnuwc a AGGREGATE $ 1 $ '- WORKERS COMPENSATION AND EMPLOYERS' UDIBILIIY STATUTORY LIMITS S EACH ACCIDENT OFFICERS ARE DESCRIPTION OF OPERATNNISILOCATNINSIVMICLESMPEOIpL ITEMS BALBOA PENINSULA STREETLIGHT MODIFICATIONS CONTRACT NO.3416 THE CRY, ITS OFFICERS, OFFICIALS EMPLOYEES & VOLUNTEERS ARE NAMED ADDITIONAL INSUREDS AS PER ATTACHED ENDORSEMENT. INSURANCE IS PRIMARY AND NOTICE FOR NONPAYMENT OF PREMRIM. CITY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL)" MAIL 3300 NEWPORT BLVD. 30 DAYS WRITTEN NOTICE tO THE CERTIFICATE HOLDER NAMED TO THE LEFT, NEWPORT BEACH, CA 02668 R9�X'l WT) 4Cw*)MCX9K"0k: ' 2t5 " 5ff)kftT AUTHOR® REPRESENTATIVE 1 P- OLICYNUMBER: 015044 78 40owmcmii.ppwmLAeLrry CG2010 03 8T THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE j Name of Person or Organization: CITY OF N$WPORT BEACH Blanket Additional Insured shall be any person(s) or organization(s) with whom you agree in a written construction contract to name as an Insured is an Insured (see Who Is An Insured below). TO FOLLOW (If no entry appears above, information required to complete this endorsement will be shown in the. Declarations as applicable to this endorsement.) Who Is An Insured (Section In is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. FARMERS' Dalati's Insurance Agency License #0768138 (714) 956 -2222 • Fax: (714) 956 -2434 791 S. Qrookhorsi - Anaheim, CA 92804 CG 10 10 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 1 0 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE.OF WORKERS' COMPENSATION INSUI JULY 16. 20,01 POLICY ` CERTIFICATE CITY OF NEWPORT BEACH. DEPT OF PUBLIC `WORKS`.ATTN SHAWNA':,GVREI 3300 NEWPORT BLVD NEWPORT BEACH CA .92658 -8915 L J!.IL I $ 2001 '229` =02'' WI T 00195W ,_1_no This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy pperiod indicated. This policy is not subject to cancellation by the Fund except upon tell days' advance written notice to the employer. We will also give you Zo. F days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which thi s certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE - PRESIDENT EMPLOYER'S LIABILFTY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07/16/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 07/16/01 IS ATTACHED TO AND FORMS A FART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER ,.. PRO TECH ENGINEERING CORPORATION DDA PRO TECH ELECTRIC 3855 E LA PALMA AVE STE 127 ANAHEIM CA 92807 AUG -02 -2001 THU 0917 AM FAX N0, P. 02 6`CAL-SURANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST 1S COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: 0719Q/ DEPARTMENT /CONTACT RECEIVED FROM: SH/iUNA 6YIRR DATE COMPLETED: Og D.2 O SENT TO: SM11 /R BY: GELD COMPANY/PERSON REQUIRED TO RAVE CERTIFICATE: PRD TECH ENCr1A1CFFZI AIG GENERAL LIABILITY A. INSURANCE COMPANY: U B. AM BEST RATING (A VII or greater): C. ADMITTED COMPANY: (Mum be California Admitted) Is company tted in California? Yes ✓ No_ D. LDArrS: (Must be 51,000,000 or greater) What is limit provided? 000,&od E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included? Yes ✓ No F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and volunteers). Is it included? Yes ✓ No G. PRIMARY AND NON CONfRTTrIIORY WORDING: (Must be included) Is it included? Yes ✓No_ H. CAUTION! ( Confirm that loss or liability of the Named insured is not limited solely by their negligence.) Does endorsement include "solely by negligence" wording? Yes No :/ I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. R. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: FAMW WIMAM.F AkWU B. AM BEST RATING (A VII or greater): C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes No D. LIMITS: ( Must be SI,000,000 minimum BI & PD and 5500,000 UM) What is limits provided? E. ADDITIONAL (The City its officers ,agents, officials, employees and volunteers). Is it included? Yes v! No_ F. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included). Is it included? Yes ✓ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified trail; per Lauren Farley the City will accept the endeavor wording. M. WORKERS COMPENSATION A. INSURANCE COMPANY: W67 Gy /TN ! H&&4A/A B. AM BEST RATING (A VII or greater) C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes, No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes NO IF NO, WHICH ITEMS NEED TO BE COMPLETED? • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL Balboa Peninsula Streetlight Improvements CONTRACT NO. 3416 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: PR1of18 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. 3416 in accord 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: BALBOA BOULEVARD ITEM QUANTITY ITEM DESCRIPTION and UNIT TOTAL NO. and UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. LUMP SUM Mobilization @ Dollars and Cents Per Lump Sum 000 2. LUMP SUM Traffic Control @ Dollars and Cents Per Lump Sum I� D00 • • PR2of19 ITEM QUANTITY ITEM DESCRIPTION and UNIT TOTAL NO. and UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 9 Replace existing street light standard with EACH contractor furnished Type II standard and 250 watt, 240 volt H.P.S. luminaire (single or double as shown) with photo electric cell and enclosed ballast. Furnish and install double fuseholder with 5 amp fuses for each luminaire in adjacent pull box. Install standard on existing foundation per CNB STD - 201 -L. Install new 1" PVC conduit from pole base to adjacent pull box per Detail "B" on Sheet 14. @ Dollars and Per Each Cents 5a $ 4. 2 Install new contractor furnished Type II EACH standard as directed by the city's representative and 250 watt, 240 volt H.P.S. luminaire (single or double as shown) with photo electric cell and enclosed ballast. Furnish and install double fuseholder with 5 amp fuses for each luminaire in adjacent pull box. Install standard on new foundation per CNB STD - 201 -L. Install new 1" PVC conduit from pole base to adjacent pull box. @ Dollars and Cents Per Each �9�1'06 $ 574 006 f • PR3of19 ITEM QUANTITY ITEM DESCRIPTION and UNIT TOTAL NO. and UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 1 Remove existing Type II standard and EACH foundation. Backfill at 90% compaction and restore surface to match adjacent area. @ Dollars and Cents Per Each 6. 19 Replace luminaire (single or double as EACH shown) on existing Type II standard with new 250 watt, 240 -volt luminaire per CNB STD -201 -L with photoelectric cell enclosed ballast. Furnish and install double fuseholder with 5 amp fuses for each luminaire in adjacent pull box. Install PVC conduit from pole base to adjacent pull box per Detail "B" on Sheet 14. @ Dollars and Cents Per Each 7. 10 Replace luminaire and mast arm (single EACH or double as shown) on existing Type II standard with new 250 watt, 240 volt luminaire per CNB STD-201 -L with photo electric cell and enclosed ballast and 6' mast arm. Furnish and install double fuseholder with 5 amp fuses for each luminaire in adjacent pull box. Install new 1" PVC conduit from pole base to adja- cent pull box per Detail "B" on Sheet 14. @ Dollars and Cents Per Each (go<) $ �/ Ood $ 15-0 Z) ,Soo /.�o $ '; s/ 6 • • PR4of19 ITEM QUANTITY ITEM DESCRIPTION and UNIT TOTAL NO. and UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 1 Relocate existing Type II standard as EACH directed by the city's representative. Install new 250 watt, 240 volt H.P.S. luminaire (single or double as shown) with photoelectric cell and enclosed ballast. Furnish and install double fuseholder with 5 amp fuses for each luminaire in adjacent pull box. Install standard on new foundation per CNB STD - 201 -L. Install new V PVC conduit from pole base to adjacent pull box. @ Dollars and Cents Per Each $ �Voa s/1000 9. 51 Install #3 Y2 F concrete pull box per CNB EACH STD -204 -L and STD - 205 -L. Where 5 or more conduits terminate in a pull box, a #5F concrete pull box shall be installed. @ Dollars and Cents Per Each g t -7 10. 65 Existing pull box to be removed. Remove EACH existing abandoned conduit and conductors and restore surface to match adjacent area as instructed by the city's designated representative. @ Dollars and Cents Per Each g c2e(i g 13f 0 Od PR5of19 ITEM QUANTITY ITEM DESCRIPTION and UNIT TOTAL NO. and UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 30 Replace existing pull box with #3 -1/2F EACH pull box. @ Dollars and Cents Per Each $0�00 /- 12. 2695 Install 1 -1/4" PVC conduit, unless LINEAR FT. otherwise noted, with 248 insulated conductors, unless otherwise noted, and 148 bare conductor. @ Dollars and Cents Per Linear Ft. 60 $ 7( 13. 4925 Install 1 -1/4" PVC conduit, unless LINEAR FT. otherwise noted, with 448 insulated conductors, unless otherwise noted, and 148 bare conductor. @ Dollars and Cents Per Linear Ft. /y 1, $ � % , t� k (J7, j Q G/� , / -�-F(Q —a 14. 1320 Install 248 insulated conductors, unless LINEAR FT. otherwise noted, and 148 bare conductors in existing conduit. Conduit ends shall be re- sealed with duct seal or equal. @ Dollars and Cents /� 19-/ $ i $ Per Linear Ft. 9 PR6of19 ITEM NO. QUANTITY and UNIT ITEM DESCRIPTION and UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 15. 3 Modify existing service cabinet to provide EACH 2-2P 20 amp breakers for the required circuits as shown on plan and connect wiring. Coordinate with city's representative and SCE. @ Dollars and Cents $ 3 Per Each 16. 2 Connect new and existing conduit. EACH @ Dollars and Cents Z/b U Per Each $ $ 17. 1 Remove existing luminaire and mast arm. EACH Cap pole top and remove lighting conductors. @ Dollars and Cents 3 D c) $— $ 3b O Per Each 18. 21 Re -pull existing conductors to service LINEAR FT. cabinet and re- connect wiring. @ Dollars and Cents $ to � v $ Per Linear Ft. PR7of19 ITEM QUANTITY ITEM DESCRIPTION and UNIT TOTAL NO. and UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 19 1 Replace existing pull box lid. EACH @ Dollars and Cents Per Each 20 1 Install #5 epoxy coated dowel at 18" O.C. EACH per City Standard 105 -L -B and traffic lid for concrete pull box. @ Dollars and Cents Per Each 21. LUMP SUM Relocate existing signs onto new streetlight using new City approved stainless steel bands. @ Dollars and Cents Per Lump Sum TOTAL BID SCHEDULE PRICE (BALBOA BLVD.) $ -50 6 $ 5-.00 $ lo© d st S� TO AL PRICE i OCEANFRONT • PR8of19 ITEM QUANTITY ITEM DESCRIPTION and UNIT TOTAL NO. and UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. LUMP SUM Mobilization @ Dollars and Cents b Per Lump Sum 2. LUMP SUM Traffic Control @ Dollars and Cents 1 Per Lump Sum $ i 3. 1 Replace luminaire on existing Type I EACH standard with new 70 watt, 240 -volt ' luminaire per CNB STD-201 -L with photoelectric cell and enclosed ballast. Furnish and install double fuseholder with 5 amp fuses in adjacent pull box. Install new 1" PVC conduit from pole base to adjacent pull box per Detail "B" on Sheet 14. I @ Dollars and Cents $ �/ D �O $ r$ Per Each ITEM QUANTITY NO. and UNIT • • PR9of19 ITEM DESCRIPTION and UNIT PRICE WRITTEN IN WORDS 4. 16 Install new contractor furnished Type V EACH standard as directed by the city's representative and 50 watt, 240 volt H.P.S. luminaire with photoelectric cell and enclosed ballast. Furnish and install double fuseholder with 5 amp fuses in adjacent pull box. Install standard on new foundation per CNB STD - 202 -L -A and Detail "F ". Install new 1" PVC conduit from pole base to adjacent pull box. @ Dollars and Cents Per Each 5. 14 Remove existing Type V standard and EACH foundation. Backfill at 90% compaction and restore surface to match adjacent area. @ Dollars and Cents Per Each 6. 27 Install #3 % F concrete pull box per CNB EACH STD -204 -L and STD - 205 -L. Where 5 or more conduits terminate in a pull box, a #5F concrete pull box shall be installed. C Per Each Dollars and Cents UNIT TOTAL PRICE PRICE 3$ ,000 $Z/tlood $ 4bpC� $l (00C� 0 PR 10 of 19 ITEM QUANTITY ITEM DESCRIPTION and UNIT TOTAL NO. and UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 7. 15 Existing pull box to be removed. Remove EACH existing abandoned conduit and conductors and restore surface to match adjacent area as instructed by the city's designated representative. 10. 535 Install 248 insulated conductors, unless LINEAR FT. otherwise noted, and 148 bare conductors in existing conduit. Conduit ends shall be re- sealed with ductseal or equal. @ Dollars and Cents � Per Linear Ft. $ $ @ Dollars and Cents Per Each $ 31000 8. 1 Replace existing pull box with #3 1/2F EACH concrete pull box. @ Dollars and Cents / �S Per Each $ 5 $ 9. 5200 Install 1 -114" PVC conduit, unless LINEAR FT. otherwise noted, with 248 insulated conductors, unless otherwise noted, and 148 bare conductor. @ Dollars and Cents $9 "7 w Per Linear Ft. 10. 535 Install 248 insulated conductors, unless LINEAR FT. otherwise noted, and 148 bare conductors in existing conduit. Conduit ends shall be re- sealed with ductseal or equal. @ Dollars and Cents � Per Linear Ft. $ $ 0 • PR 11 of 19 ITEM QUANTITY ITEM DESCRIPTION and UNIT TOTAL NO. and UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 75 Install 448 insulated conductors, unless LINEAR FT. otherwise noted, and 148 bare conductor in existing conduit. Conduit ends shall be re- sealed with ductseal or equal. @ Dollars and Cents �-� $3-7s Per Linear Ft. 12. 1 Replace existing service cabinet with new. EACH Install on new foundation. See Detail "C' and "G" on Sheet 14. Install #5F pull box per CNB STD - 206 -L. @ Dollars and Cents Per Each 13. 1 Connect new and existing conduit. EACH @ Dollars and Cents $ 506 Per Each 14. LUMP SUM Maintain /Re- establish beach floodlight conductors. @ Dollars and Cents Per Lump Sum $1/00, • ITEM QUANTITY ITEM DESCRIPTION and NO. and UNIT UNIT PRICE WRITTEN IN WORDS 15. 10 Install #5 epoxy coated dowel at 18" O.C. EACH per City Standard 105 -L -B and traffic lid for concrete pull box. @ Dollars and Cents Per Lump Sum 16. LUMP SUM Relocate existing signs onto new streetlight using new City approved stainless steel bands. @ Dollars and Cents Per Lump Sum TOTAL BID SCHEDULE PRICE (OCEAN FRONT) • PR 12 of 19 UNIT TOTAL PRICE PRICE 6Ob oqs� TOTAL PRICE RIVER AVENUE /LAKE AVENUE PR 13 of 19 ITEM QUANTITY ITEM DESCRIPTION and UNIT TOTAL NO. and UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. LUMP SUM Mobilization @ Dollars and Cents Per Lump Sum 8 a 2. LUMP SUM Traffic Control @ Dollars and Cents Per Lump Sum 3. 12 Replace existing street light standard with EACH contractor furnished Type I standard and 70 watt, 240 volt H.P.S. luminaire with photo electric cell and enclosed ballast. Furnish and install double fuseholder with 5 amp fuses in adjacent pull box. Install standard on existing foundation per CNB STD - 200 -L. Install new 1" PVC conduit from pole base to adjacent pull box per Detail "B" on Sheet 14. @ Dollars and Cents Per Each 0 ITEM QUANTITY ITEM DESCRIPTION and NO. and UNIT UNIT PRICE WRITTEN IN WORDS 4. 3 Install new contractor furnished Type I EACH standard, as directed by the City's representative, and 70 watt, 240 volt H.P.S. luminaire with photoelectric cell and enclosed ballast. Furnish and install double fuseholder with 5 amp fuses in adjacent pull box. Install standard on new foundation per CNB STD - 200 -L. Install new V PVC conduit from pole base to adjacent pull box. @ Dollars and Cents Per Each 5. 3 Remove existing Type I standard and EACH foundation. Backfill at 90% compaction and restore surface to match adjacent area. @ Dollars and Cents Per Each 6. 2 Relocate existing Type I standard as EACH directed by the city's representative. Install new 70 watt, 240 volt H.P.S. luminaire with photoelectric cell and enclosed ballast. Furnish and install double fuseholder with 5 amp fuses in adjacent pull box. Install standard on new foundation per CNB STD - 200 -L. Install new 1" PVC conduit from pole base to adjacent pull box. R Per Each Dollars and Cents 0 UNIT PRICE PR 14 of 19 TOTAL PRICE j$ (y, I Lq4 Lo $ 566 $ ),�- o0 I$ toad oo0 0 0 PR 15 of 19 ITEM QUANTITY ' ITEM DESCRIPTION and UNIT TOTAL NO. and UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 7. 6 Replace luminaire on existing Type I EACH standard with new 70 watt, 240 -volt luminaire per CNB STD -200 -L with photoelectric cell and enclosed ballast. Furnish and install double fuseholder with 5 amp fuses in adjacent pull box. Install new 1" PVC conduit from pole base to adjacent pull box. @ Dollars and Cents � Per Each $ �U 00 O 8. 4 Replace luminaire (single or double as EACH shown) on existing Type II standard with 250 watt, 240 -volt luminaire per CNB STD -201 -L with photoelectric cell and enclosed ballast. Furnish and install double fuseholder with 5 amp fuses in adjacent pull box. Install new 1" PVC conduit from pole base to adjacent pull box per Detail "B" on Sheet 14. @ Dollars and Cents r Per Each $7� $ 'fy 0 O d 9. 44 Install #3' /z F concrete pull box per CNB EACH STD -204 -L and STD - 205 -L. Where 5 or more conduits terminate in a pull box, a #5F concrete pull box shall be installed. @ Dollars and Cents Per Each �I �� I • 0 PR 16 of 19 ITEM NO. QUANTITY and UNIT ITEM DESCRIPTION and UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 10. 9 Existing pull box to be removed. Remove EACH existing abandoned conduit and conductors and restore surface to match adjacent area as instructed by the city's designated representative. @ Dollars and Cents Per Each 11. 16 Replace existing pull box with #31/2F EACH concrete pull box. @ Dollars and Cents Per Each 12. 4470 Install 1 -1/4" PVC conduit, unless LINEAR FT. otherwise noted, with 248 insulated conductors, unless otherwise noted, and 148 bare conductor. @ Dollars and Cents /Loy $ �/7 Per Linear Ft. 13. 100 Install 1 -1/4" PVC conduit, unless LINEAR FT. otherwise noted, with 448 insulated conductors, unless otherwise noted, and 148 bare conductor. @ Dollars and Cents q ^ $ L V oQ Per Linear Ft. I ; I PR 17 of 19 ITEM QUANTITY ITEM DESCRIPTION and UNIT TOTAL NO. and UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. 395 Install 248 insulated conductors, unless LINEAR FT. otherwise noted, and 148 bare conductors in existing conduit. Conduit ends shall be re- sealed with ductseal or equal. @ Dollars and Cents C7 $ l d Per Linear Ft. 15. 1 Install modified (raised) foundation per EACH Detail "E" on Sheet 14. @ Dollars and Cents $ �b c7 <'_0 a Per Each 16. 1 Install new service cabinet and #517 pull EACH box per CNB STD - 206 -L. @ Dollars and Cents `a Sb b � �5bd $ Per Each 17. 1 Cut off exposed anchor bolts and re- EACH grout. @ Dollars and Cents $ `' Per Each • • PR 18 of 18 ITEM QUANTITY ITEM DESCRIPTION and UNIT TOTAL NO. and UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 18. LUMP SUM Relocate existing signs onto new streetlight using new City approved stainless steel bands. @ Dollars and Lump Sum Cents $ 1 �Per TOTAL BID SCHEDULE PRICE (RIVER AVENUE /LAKE AVENUE) $ q /.06 TOTAL PRICE TOTAL BID SCHEDULE PRICE FOR: BALBOA BOULEVARD, OCEAN FRONT, AND RIVER AVENUE /LAKE AVENUE TOTAL PRICE IN WRITTEN WORDS DOLLARS AND CENTS TOTAL PRICE (FIGURES) $ Bidder's Name -TECN �� � 1..1 C�2lllCG Bidder's Address 3555 C, hA PALTA AU2 #'a-7, A aPF m, %.A_12910% Bidder's Telephone Number Contractor's License No. & Classification 13135&, C -iv —(43/of Date Authorized Signature & Title F: \Users \PBW\Shared \Contracts \FY 00 -01 \Balboa Peninsula Street Light Modifications C3416 \C -3416 Proposal.doc 1 5 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS Balboa Peninsula Streetlight Improvements CONTRACT NO. 3416 INTRODUCTION 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 PART 1 — GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3' Survey Service SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.8 Steel Plates 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 8 PART 2 — CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 8 201 -1 PORTLAND CEMENT CONCRETE 8 201 -1.1.2 Concrete Specified by Class 8 201 -2 REINFORCEMENT FOR CONCRETE 8 201 -2.2.1 Reinforcing Steel 8 201 -5 CEMENT MORTAR 8 201 -5.6 Quick Setting Grout 8 PART 3 — CONSTRUCTION METHODS SECTION 300 EARTHWORK 9 300 -1 CLEARING AND GRUBBING 9 300 -1.3 Removal and Disposal of Materials 9 300 -1.3.1 General 9 300 -1.3.2 Requirements 9 300 -1.5 Solid Waste Diversion 9 SECTION 302 ROADWAY SURFACING 10 302 -5 ASPHALT CONCRETE PAVEMENT 10 302 -5.1 General 10 302 -5.4 Tack Coat 10 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 10 302 -6.6 Curing 10 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 10 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 10 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 10 303 -5.1.1 General 10 303 -5.4 Joints 10 303 -5.4.1 General 10 303 -5.5 Finishing 11 303 -5.5.1 General 11 303 -5.5.2 Curb 11 303 -5.5.4 Gutter 11 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 11 307 -9 REPLACEMENT OF SERIES CIRCUITS 11 307 -10 CONCRETE STREET LIGHT STANDARDS 11 307 -11 LUMINAIRES 11 307 -12 FUSEHOLDERS 12 307 -13 PULL BOXES 12 307 -14 CONDUIT AND CONDUCTORS 12 307 -14.1 Conductors 12 307 -14.2 Jacking of PVC Conduit 12 • w 307.14.3 Trenching of PVC Conduit 12 307 -15 PROTECTION AND REPLACEMENT OFIMPROVEMENTS 12 307 -16 SALVAGE 13 307 -17 CONSTRUCTION DETAILS 13 307 -17.1 Removals 13 307 - 17.1.1 Existing PCC and AC 13 307 - 17.1.2 Adjacent Improvements 14 307 - 17.1.3 Parkway Paving 14 307 - 17.1.4 Unstable Subgrade 14 307 -17.2 PCC Replacement 14 307 - 17.2.1 Sidewalk and Curb Access Ramps 14 307 - 17.2.2 PCC 14 307 - 17.2.3 Root Barrier 15 307 -18 SOLID WASTE DIVERSION 15 307 -19 AS -BUILT PRINTS 15 307 -20 GUARANTEE 15 307 -21 PAYMENT 16 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 16 308 -1 GENERAL 16 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS — MASTER 3 -28-01 BALBOA PENINSULA STREETLIGHT IMPROVEMENTS CONTRACT NO. 3416 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. E- 5056 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775. 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 modifying existing street lighting systems ". 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section, "The Engineer will provide construction staking as required to construct the improvements. Any additional stakes or any restaking or costs thereof shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. The City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office prior to the start of any construction. After completion of all construction, the City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office for any monuments that have been replaced. All existing street and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." SP1of17 0 0 SECTION 3 — CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." 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. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SP2of17 0 0 SECTION 5 — UTILITIES 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing equipment per Section 307 -7. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Herb Wollerman, City Electrician, at (949) 718 -3406. SECTION 6 — PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section, "The time for completion as specified in Section 6 -7, shall commence at the time of City Council award. The Contractor shall furnish City with certificates of insurance with original endorsements effecting coverage required by this contract (Section G) to the City for processing and approval prior to City permitting any work on site to commence. No work shall begin until a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be constructed as the basis for payment of extra work because additional personnel and equipment were required on the job." The term "work" as used herein shall include all removal and installation of street lighting facilities, restoration of existing improvements impacted by the work, and construction of other incidental items of work." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section, "After City Council award, the Contractor shall complete all work under the Contract within 150 consecutive working days. This schedule includes ten days for processing of contract, bonds and insurance documents. No work shall be performed on Ocean Front or on Newport and Balboa Boulevards between 20th Street and 32nd Street before September 4, 2001. Also, conduit work along Balboa Boulevard between 121" Street and Medina Way shall be completed before September 4, 2001. SP3of17 0 0 It will be the Contractor's responsibility to 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, 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 in November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m. Monday through Thursday and 7:30 a.m. to 3:30 p.m. on Fridays. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 p.m. (3:30 on Fridays) to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $50.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read, "For each consecutive calendar day after the one hundred and fifty consecutive working days specified for completion of the work, the time specified for completion of Work, whichever occurs first, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. Revise paragraph two, sentence one, to read, "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 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 the disruption time to the public. SECTION 7 — RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7-8.5 Temporary Light, Power and Water. Add to this section, "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned SP4of17 to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water 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 bay, or the ocean." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. 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 accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials shall not be stored in streets, roads, or sidewalk areas. Contractor may store equipment and materials as allowed by the Engineer. Contractor will restore all areas affected by construction to its preconstruction condition." 7 -10.3 Street Closures, Detours and Barricades. Add to this section "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor will be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 1996 Edition. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. SP5of17 E 0 4. Vehicle access to and from one -way streets may be limited or closed during working hours to the extent that not all of the same direction one -way streets are closed at the same time. One -way streets shall not be closed during non -work hours. 5. No two consecutive adjacent streets shall be concurrently closed to vehicular traffic during construction. 6. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection days, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the city's Refuse Superintendent, Mr. William Russo, at (949) 718- 3468 and all property owners. 7. The Contractor shall maintain one lane of traffic in either direction on Balboa and Newport Boulevards during non -peak work hours of 9:00 a.m. to 3:30 p.m. During peak hour times of 7:30 a.m. to 9:00 a.m. and 3:30 p.m. to 4:30 p.m. the contractor will not be allowed to restrict traffic lanes. 7 -10.4 Public Safety 7- 10.4.1 Safety Orders. Add to this section, "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, 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. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division 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 similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Forty -eight hours before the start of any construction, the Contractor shall distribute to adjacent residents within 500 feet of the project, a written notice stating when construction operations will start and what disruptions may occur and approximately when construction will be complete. The SP6of17 0 0 written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor Class A License or Specialty Electrical (general) Contractor Class C -10 license. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built' corrections upon a copy of the Plans. The "As- Built' correction plans shall be submitted to 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. SP7of17 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 proposed shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the 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. 9 -3.2 Partial and Final Payment. Add to this section, "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 — CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section, "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section, "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout. Add to this section, 'The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." SP8of17 I PART 3 CONSTRUCTION METHODS SECTION 300 — EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 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." And replace the words "I '/z inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SP9of17 0 SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section, 'The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. All c cracks inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section, 'Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section, `The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, 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 2,000 psi." 303 -5.4 Joints 303 -5.4.1 General. Add to this section, 'The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." SP 10 of 17 0 303 -5.5 Finishing 303 -5.5.1 General. Add to this section, 'The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section, 'The Contractor shall install or replace curb markings which are damaged or removed as a result of his work. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 303 -5.5.4 Gutter. Add to this section, 'The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 307 - -- STREET LIGHTING AND TRAFFIC SIGNALS 307 -9 REPLACEMENT OF SERIES CIRCUITS Existing series circuits are to be replaced with 240 volt multiple systems. Existing series circuit maps will be made available to the Contractor performing the work. Existing street light standards are to be replaced, except as noted or shown on the plans, with concrete standards on new foundations. A new pull box is to be constructed within 5 feet of the street light standard base complete with a double fuseholder. New conduit shall be installed from pull boxes to the pole standard. The replacement of the existing systems shall be accomplished in phases so that the number of lights out of service at any one time will be minimized. In no event shall any portion of a system be out of service for more than seven (7) consecutive days. The Contractor shall submit a construction plan showing the phases of the replacements, and the estimated number and length of outages. The plan shall be approved by the Engineer prior to the Contractor starting work. 307 -10 CONCRETE STREET LIGHT STANDARDS Concrete street light standards shall be the style shown on the construction plans and shall be installed per Detail "A" on sheet 14 of the construction plans. 307 -11 LUMINAIRES Luminaires shall be fumished with 240 -volt lamps of the wattage shown on the construction plans. Luminaires for Type V poles shall be Sequoia, or equal, with brass globe holder rings. Orientation of luminaires shall be as directed by the Engineer. SP 11 of 17 0 0 307 -12 FUSEHOLDERS Double fuseholders shall be installed in the pull box for each luminaire. The fuseholders shall be furnished with fuses appropriate to the connected lamp wattage. The fuseholders shall be Tron #HEX -AA or equal, installed per City Standard Plan STD - 204-L and City Standard Plan STD -205 -L and approved by the Engineer. All splicing of wiring shall be C -TAP method, as per Thomas & Betts, installed with manufacturer's approved tools. Add three (3) layers of Scotch #23 tape, three (3) layers of #33 tape and coat with Scotchkote electrical coating. 307 -13 PULL BOXES Pull boxes shall be installed at a maximum spacing of 180'. 307 -14 CONDUIT AND CONDUCTORS Conduit shall be installed in the locations shown on the plans by boring methods. Unless otherwise shown, the conduit shall be installed behind the curb in accordance with City Standard Plan STD. - 101 -L. All underground conduit shall be 1 -1/4 inch diameter Schedule 40 PVC (except as indicated on the plans). Care shall be taken to avoid damage to the conduit during installation. 307 -14.1 Conductors. Insulated conductors shall be stranded copper conforming the AWG wire size shown on the drawings. The insulation of each conductor shall be a different solid color. The conductor color codes shall be as indicated on the construction plans without duplication in any conduit run concurrent with additional circuits. Existing color codes shall be matched. White and grey colors are not allowed. The bare ground wire shall be solid copper, No. 8 AWG. 307 -14.2 Jacking of PVC Conduit. PVC conduit shall not be used for drilling or jacking unless a hole larger than the conduit is pre - drilled and the conduit is installed by hand. 307 -14.3 Trenching of PVC Conduit. Trenching of conduit shall not be permitted except along Ocean Front as directed by the Engineer. 307 -15 PROTECTION AND REPLACEMENT OF IMPROVEMENTS The Contractor shall protect all existing improvements, including landscaping. If any existing improvements are damaged, or it is necessary to remove them to allow for the installation of the new facilities, they shall be replaced in kind no later than 14 working days after damage or removals. Existing landscaping may be trimmed or pruned to allow access to existing pole foundations. Trimming or pruning shall be done carefully so as to minimize damage to the remainder of the plant, shrub, or tree. SP 12 of 17 , , When sidewalk is removed it shall be sawcut and replaced to score lines or joints. The finish and color of the replaced sidewalk shall match the existing. The Contractor shall relocate, repair, replace, or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, sidewalk, driveway, fences, wall, sprinkler systems, signs, utility installation, pavements, structures, etc) which are damaged or removed as result of his operations or as required by the Plans and Specifications. All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the bid. Any existing street light foundations to be reused shall not be damaged during removal of existing poles. Contractor damage to these foundations will require replacement of the foundations at Contractor expense. Damaged foundations shall be completely removed and reconstructed per the details on the plans. 307 -16 SALVAGE The following material shall be salvaged 1. Street light series luminaires, sockets and mast arms. 2. Series circuit disconnects. Items deemed unsuitable for salvage by the Contractor shall be reported to the Engineer prior to removal. The Contractor shall deliver all salvaged material to the City's Utilities Yard at 949 West 16th Street. The Contractor shall be responsible for protecting all salvaged material against damage until it is delivered at the City yard. The Contractor shall provide at least 24 hours advance notice of intent to deliver salvaged materials. Items not considered salvageable will be disposed of by the Contractor per Item XIV -A -1. 307 -17 CONSTRUCTION DETAILS Contractor shall familiarize himself and be fully aware of extent and amount of removals and replacements as indicated herein. 307 -17.1 Removals 307 - 17.1.1 Existing PCC and AC. Improvements shall be sawcut a minimum of 2- inches deep prior to removal. Final removal at the sawcut lines using equipment such as hard -blow pavement breakers and /or stompers shall not be allowed. Should the Contractor damage the sawcut edge during or after removal, the damaged edge shall be removed by additional sawcutting and replaced at the Contractors sole expense. SP 13 of 17 0 Pavement and unsalvageable materials that are removed shall become the property of the Contractor and shall be disposed of at the Contractors expense in a manner and at a location acceptable to cognizant agencies. All costs for providing removal and disposal shall be included in the unit price bid for that item of work. 307 - 17.1.2 Adjacent Improvements. The Contractor shall be responsible for the protection of public and private improvements adjacent to the work. Any salvageable bricks removed shall be neatly stacked on the owner's property. Additionally, the Contractor shall use appropriate construction methods and equipment to assure the protection of existing landscape, driveways, and parkway treatments immediately adjacent to the existing curb. If, during construction, damage occurs to said landscape, driveways, or parkways, the Contractor shall be responsible for restoring same to its condition prior to construction. The Contractor may anticipate a certain amount of interfering parkway sprinkler pipe breakage associated with sidewalk and curb and gutter replacement. In anticipation of sprinkler breakage, the Contractor shall notify the respective property owner, in advance, a minimum of 2- working days prior to excavation to locate the sprinklers on /off valve and to make arrangement for testing /approving the repairs. Such breakage shall be repaired, restored, and backfill to 90 percent compaction by the Contractor, 72 hours after breakage as an incidental item of work. 307 - 17.1.3. Parkway Paving. Where indicated is to be removed without replacement, except that the Contractor shall fill and level the removal areas with imported or excess graded clean soil. Any salvageable bricks removed shall be neatly stacked on the owner's property. 307 - 17.1.4 Unstable Subgrade. The Contractor shall remove all unstable subgrade. The locations and depth of unstable subgrade removal may vary; hence, the areas and depth shall be determined during construction by the Engineer. 307 -17.2 PCC Replacement. The Contractor shall grade, form, and finish all PCC replacements to match the appearance of the adjoining PCC improvements. In addition, the Contractor shall remove and dispose of all AC /PCC patches and ramps upon sidewalk panels adjoining those sidewalk panels which are to be reconstructed. 307 - 17.2.1 Sidewalk and Curb Access Ramps. Sidewalk and curb access ramps shall be opened to pedestrian use on the day following concrete placement. In addition, all forms shall be removed, sprinklers shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. 307 - 17.2.2 PCC. PCC replacements subject to vehicle loads (e.g., cross gutters and curb and gutter along driveways) shall not be opened to vehicle loads until the concrete has cured to minimum strength of 2,000 psi. SP 14 of 17 307 - 17.2.3 Root Barrier. The Contractor shall install root barrier adjacent to reconstructed root damaged PCC sidewalk. The root barrier shall be Root Booster, Shawton Industries (or approved equal) SM 12 by 20 panels to be installed adjacent to the curb and gutter and sidewalk replacement, respectively. A minimum of 6 lineal feet of root barrier shall be installed adjacent to each tree - damaged curb and gutter replacement. Root barriers shall be installed per manufacturer =s recommendations. Payment for installing root barriers shall be included in other items of work. 307 -18 SOLID WASTE DIVERSION The Contractor shall either 1) apply for and obtain a no -fee solid waste self -haul permit from the City's Business Office, or 2) subcontract with a private solid waste hauler already permitted to operate within the City. Unless specified elsewhere in the bid documents, all non - reinforced concrete asphalt wastes generated from the jobsite shall be disposed at a facility, which crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed at a sanitary landfill. The Contractor shall maintain monthly tonnage records of solid wastes generated and solid wastes disposed at a sanitary landfill. The Contractor shall report said tonnages monthly to the Engineer on a form provided by the Engineer. 307 -19 AS -BUILT PRINTS The Contractor is required to submit to the Engineer "As- Built" prints prior to the City accepting the installation. The prints shall indicate, in red, all deviations from the contract plans, such as: location of poles, pull boxes and runs, depths of conduit, number of conductors, and other appurtenant work. 307 -20 GUARANTEE The Contractor shall guarantee in writing the entire work constructed by him under this contract and will fully meet all requirements as to quality of workmanship and materials furnished by him. The Contractor shall make, at his own expense, any repairs or replacements made necessary by defects in workmanship or materials furnished by him that become evident within one (1) year after filing of the Notice of Completion of the work and to restore to full compliance with the requirements of these Specifications, any part of the work which, during the one (1) year period, is found to be deficient with respect to any provisions of the Plans and Specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost. SP 15 of 17 • • 307 -21 PAYMENT The unit or lump -sum price bid for each item of work shown on the proposal shall be considered as full compensation for labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. The bid items are shown on the proposal. Payment for relocation of existing signs shall be included in the lump -sum price bid, and no additional allowance will be made therefor. Payment for concrete work for street lighting installations and for all work associated with Section XIV. Construction details shall be included in the various bid items shown for street lighting and shall be considered as full compensation for labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. All materials submitted as equal shall be delivered to the City for review at the pre - construction meeting for approval. 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 arrange for this work with the City's Urban Forester, Mr. John Conway at (949) 644- 3083, a minimum of five workdays prior to beginning work. Method of pruning and removing tree roots shall be determined, approved, and inspected by the City's Urban Forester as follows: 1. Root Pruning a. The City's Urban Forester shall review and approve all proposed pruning prior to the start of the work. He may inspect any and all work sites as necessary. b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. c. 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 of 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 SP 16 of 17 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. F: \Users \PBW\Shared \Contracts \FY 00 -01 \Balboa Peninsula Street Light Modifications 63416 \C -3416 Spec.doc SP 17 of 17 J °1rF' 11 APPPCV;[D TO: Mayor and Members of the City Council FROM: Public Works Department • June 26, 2001 CITY COUNCIL AGENDA ITEM NO. 15 SUBJECT: BALBOA PENINSULA STREETLIGHT MODIFICATIONS - AWARD OF CONTRACT NO. 3416 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3416 to ProTech Engineering of Anaheim for the Total Bid Price of $375,807.50, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $37,000.00 to cover the cost of unforeseen work. DISCUSSION: At 2:00 P.M. on June 13, 2001, the City Clerk opened and read the following bids for this project: BIDDER Low ProTech Engineering 2 Inspection Engineering 3 Amelco Electric 4 Dynalectric 5 F.J. Johnson 6 LA Signal TOTAL BID AMOUNT $375,807.50 $417,444.05 * $432,815.00 * $479,249.00 * $519,890.00 * $687,669.00 * Corrected Bid Amount The low total bid amount is 15 percent below the Engineer's Estimate of $440,000.00. The low bidder, ProTech Engineering, possesses the required Electrical Classification C -10 contractor's license. ProTech Engineering has completed similar street light replacement projects for the City, under the contractor name of AAA Electric. ProTech Engineering obtained the new contractor license in January 1997. They listed only five agencies within the Southern California area as references and they have not completed a project of this magnitude. The agencies contacted gave the contractor only an average rating. Based on their past experience with the City and the fact that their price was significantly lower than the other bidders, Staff would recommend awarding the contract to ProTech Engineering. i Subject: Balboa Peninsula S• flight Modifications —Award of Contract No. ' 06 June 26, 2001 Page: 2 PROJECT DESCRIPTION: The streetlights on the Balboa Peninsula are slated for replacement under the City's fifteen -year program to convert obsolete 5000 -volt series streetlight circuits and replace aging facilities. The project calls for the replacement or refurbishment of 103 incandescent lights and approximately 20,000 feet of electrical conduit and wiring. The conduit is to be installed by boring and no open cut excavation is required. Most of the project work is along Balboa Boulevard between Island Avenue and 28th Street and on the Ocean Front sidewalk to Newport Pier. The contract documents stipulate the existing series streetlight system is to remain in service throughout the installation of the new system and that no more than a seven -day shut down for any one light will be allowed. The contractor is required to submit a schedule to show how phasing and cutover from the old system to the new system will be accomplished. Work also extends north of 32nd Street to River Avenue between Marcus and Lake Avenues. (See attached Project Location Map). PROJECT SCHEDULE, FUNDING AND RECOMMENDATION: The completion time for the project is one hundred and fifty working days. Awarding the contract now will allow the contractor to complete the work prior to next summer. There are sufficient funds available in the following account for the work: Account Number Account Description Amount 7014- C5200025 Street Light Conversion $ 19,910.82 7014- C5300035 Street Light Replacement 252,896.68 7295- C5100568 Oceanfront Walkway and Lighting 140,000.00 Total: $412,807.50 Respectf ly sub itted, ;, L. PUB ORKS DEPARTMENT Don Webb, Directo By. _ I„ Michael J. Sinacori, P.E. Utilities Engineer Attachment: Project Location Map Bid Summary CD C - Z LLJ U J uIn w LL- 9 LLJ O wLL- O 5 Q Un 91 4 IT Am / t r�1 J r M1�I h ) i Ar �+.�� 1/x` 3 PI ' i '� { }�� rte•`.".' tK, �,?, //, „rc: � � n L"„'. t 4i w M F.. 1 i. Mq'�i- �.`�.t� � •!ter � 1 V PG Q 1 1 y�yy,K rrl f /Stf^ � yi O J Z U W m 0 a 3 W Z LL y0 F /H V 2 W f of a W 3 U J m 7 a E W r O N f N S V v u Q � Q � O y Y � W � � S U ri U .w U Q0 r m m ° O N O n O L to O E C M Q Q o a G w Z a V) a w ? 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BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 8, 2001 L A Signal Inc. 15100 E. Nelson Avenue Industry, CA 91744 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Streetlight Improvements Project (Contract No. 3416) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 8, 2001 Amelco Electric S. F. Inc. 2654 Martin Luther King Boulevard Lynwood, CA 90262 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Streetlight Improvements Project (Contract No. 3416) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, a"�o'� x r% LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 8, 2001 Dynalectric 4462 Corporate Center Drive Los Alamitos, CA 90720 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Streetlight Improvements Project (Contract No. 3416) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, ���R. wad LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 8, 2001 Inspection Engineering Construction 2775 Mesa Verde Dr. E, Suite M103 Costa Mesa, CA 92626 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Streetlight Improvements Project (Contract No. 3416) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMCIAAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 8, 2001 F. J. Johnson, Inc. P.O. Box 6341 Anaheim, CA 92816 -0341 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Streetlight Improvements Project (Contract No. 3416) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, ;7). wad&;a�/ LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach