Loading...
HomeMy WebLinkAboutC-3932 - 2007-2008 Traffic Signal UpgradesCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Uilani 1. Brown. MMC June 23, 2010 Mr. Daniel H. Smith Pouk & Steinle, Inc. P.O. Box 3039 Riverside, CA 92519 Subject: 07-08 Traffic Signal Upgrades (C -3932) Dear Mr. Smith: On July 14, 2009, the City Council of Newport Beach accepted the work for 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 September 17, 2009. The Surety for the contract is Liberty Mutual Insurance Company AND Travelers Casualty and Surety Company of America and the bond number is 190019363/105108892. Enclosed is the Faithful Performance Bond. Sincere] o ' •', O vV� Leilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown. MMC September 17, 2009 Mr. Daniel H. Smith Pouk & Steinle, Inc. P.O. Box 3039 Riverside, CA 92519 Subject: 07-08 Traffic Signal Upgrades (C -3932) Dear Mr. Smith: On July 14, 2009, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 13, 2009, Reference No. 2009000436030. The Surety for the contract is Liberty Mutual Insurance Company AND Travelers Casualty and Surety Company of America and the bond number is 190019363/105108892. Enclosed is the Labor & Materials Payment Bond. Sincerel A,' C pufv�'� Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilanl 1. Brown. MMC August 3, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following project: 07 -08 Traffic Signal Rehabilitation Project (C -3932) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, Qa*� 06PVL-- Leilani I. Brown, MMC City Cleric 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 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 F "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Pouk and Steinle Inc., of Riverside, California, as Contractor, entered into a Contract on June 10 2008. Said Contract set forth certain improvements, as follows: 07 -08 Traffic Signal Rehabilitation Project (C -3932) Work on said Contract was completed, and was found to be acceptable on July 14, 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Liberty Mutual Insurance Company and Traveler's Casualty and Surety. Works Director Newport Beach TION 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. EN City Clerk 9 0� CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 14th day of May, 2008, at which time such bids shall be opened and read for 2007 -2008 TRAFFIC SIGNAL UPGRADES Title of Project Contract No. 3932 $409,700 Engineer's Estimate Appr_g4ed by ,'phen G. Badum is Works Director PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE http://www.city.newport- beach.ca.us CLICK: Online Services • Public Works Contracts Bidding Prospective b'idders may obtain one set of bid documents for $10 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 No Pre -Bid Job Walk Required Contractor License Classification(s) required for this project. "C -90" For further information, call Brad Sommers, Project Manager at (949) 6443326 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 TRAFFIC SIGNAL UPGRADES CONTRACT NO. 3932 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................. .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 E • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 TRAFFIC SIGNAL UPGRADES CONTRACT NO. 3932 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code 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. Contractor's License No. & Classification Bidder /� Q V I CtL �/1lL�ldr£s� T Authorized Signature itle Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 TRAFFIC SIGNAL UPGRADES CONTRACT NO. 3932 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be Jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the attached bid -- --- Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2001- 2008 TPaFiC SIGNAL UPGRADES, Contract No. 3932 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 Prncipal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original Insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual; it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 14th day of Peak & Steinle, Inc. Name of Contractor (Principal) Liberty Mutual Insurance Company Name of Surety 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 Jennifer Miller, Attorney- in.Fact Address of Surety Print Name and Trtfe 651- 365.7496 Telephone (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �Gm ..................... ,.>; _=� ,.-. �.�oau�.c,.+�.i asp ?a<e�az,».�<sL..w:.n..'�+�.:sa. - �..:v.��..as��i•.��.i._c�.> �i �5rvat?ne+at,.: <.:.e,:.. _.. a�_:...c�,. :.._�...,y�i State of California Riverside County of On May 13, 2008 before me, Colette Richard, Notary Public Date Here lawn Name and Title of the 01ficer personally appeared Daniel H. Namele) of SigneAs) .f - �r, t who proved to me on the basis of satisfactory evidence to be the person whose name(4 is/ara subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in hisA arAheiF-authorized capacity(io, and that by hla;,errWeir signature04 on the instrument the person(, or the entity upon behalf of which the person(kacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seal. Signature S Place Notary Seal Above SignaWre of Nomry Pubhc 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 Docu a t: Bidder's Bond - City of Newport Beach ontract #393Z'20107-208 7rajjk Signal Upgrades Document DateoSI 6 0 Number of Pages: Signers) Other Than Na ed Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer— Title(s): — ❑ Partner — ❑ Limited ❑ General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RICHTTHUMBPRINT OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — O Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 ✓ti:.T 0. v6@( %`.:'t/Cf�C�HC'a' Vh✓5V•'./9u 'd ✓h:ca5ei� '°'A: .�['rit�<':2v '✓ . ✓%\°S•:q <wcu uti: <v.v, .� •:v.lG�e' • 0 Corporate Acknowledgment STATE OF Minnesota ) ) ss COUNTY OF ) On this 14th day of May 2008, before me personally appeared duly swom, did say that _he is the To me known, who being by me of the Pouk & Steinle, Inc. corporation described in and which executed the foregoing instrument; that _he knows the seal of said corporation; that the seal is affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that _he signed his/her name thereto by like order. Notary Public Signature (Notary Seal) Acknowledgment of Corporate Surety STATE OF Minnesota ) ) ss COUNTY OF Hennepin } On this 14th day of May 2008 , before me appeared Jennifer Miller , to be known, who being by me duly sworn did say that (s)he is the aforesaid Attomey -in -Fact of the Libertv Mutual Insurance ComDanv a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (Notary Seal) KATHY WARNER NOTARY Pmic- Mwewm M►�bu EMp4e�Jri. 9f, tU10 THIS POWER OF ATTORNEY IS NOT VALID LESS IT IS PRINTED ON RED BACKGROUND. • 2321054 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock Insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint DENNIS LOOTS, LAURIE PFLUG, JILL SWANSON, BARBARA KELLAR, JERRY.OUIMET, NINA E. WERSTEIN, JENNIFER MILLER, BRIAN D. CARPENTER, BARBARA L. RAEDEKE, DENISE WISHCOP,TERESA HAMMERS, ALL OFTHE CITY OF MINNEAPOLIS, STATE OF MINNESOTA .................. ::.. .............. ............. .................. :..:..::....................... .......... ... each individually if there be more than one named, Its true'and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as sure ty and as its act and deed, anny: and all undertakings, bonds, recognizances and other surety oblMatiom; in the penal sum not exceeding FIFTY MILLION AND 00!100 * * * * * *** * ** * ** * * DOLLARS ($ 50.000;000.00 " ** * ) each, and the execution of such undertakings, bonds, recognizanoes and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, reoognizances and other surety obligations. Such attomeys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C as binding as if signed by the president and attested by the secretary. •yp 3 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact. Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby m authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. 9 O d That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. d 1!i IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of a'.. Z Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 15th day of April Q co 9 2008 O;i W d LIBERTY MUTUAL INSURANCE COMPANY m C G i y W CL E W 2 '5, Garnet W. Elliott, Assistant Secretary 'e o dj COMMONWEALTH OF PENNSYLVANIA ss r COUNTY OF MONTGOMERY "p C LD aT 1= C On this 15th day of April 2008 ,before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged :t OS that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above 2 Eri Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. W � IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year .tom, N A first above written. M o omw =� E i� a nv� vuaa _ a y O OF: 1Mro9M/kra.yaac By'.Q��. �-R� Z u ny.ed,7.o unw"wy c��2Pf Ter a Pastella, Notary Public � .� CERTIFICATE q.r dP `Cy �7e�...* I, the undersigned, Assistant�ecretary of liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the' president to appoint attomeys -in -fact as provided in Article Xitl, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1960. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TTJIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this ---� day of 5 «°�David M. Carey, Assigi ' t Secretary Best's Rating Center - Com6y Information for Liberty Mutual Ingance Comp... Page 1 of 1 Centel r View Ratlng6. FlOansiaLSVxneN Issuer Credit Securities Advanced search Omer Wab caMere: Sala Methodology Natlrlps uennittms ' Liberty Mutual Insurance Companies Seareht3esPSRatings "neranegaeeRracriiau'nealnMMw Piz A.M.Bast Y; OWN in our ognbn an mxdlonl abi4ly b mro1NW Fixer Press eeS eS Address: 1]56n, M Street FaxD 17426 -5] -9500 Boston. MAO2tn Fax: snaz6 -6221 oyam od Pt.. ar"Yhowes ...... Related - Products ► Web: vnyw.libertyrautual.cpm -- Industry 8 Renal Besre Ratings Country RIB Financial Strength Ratings View Definitions Rating: A (Excellent) Financial Size Category: )rV ($2 Billion or greater) Issuer Credit Ratings View Definitions Long -Term. a Outlook: Stable Structured Finance How to Get Rated Outlook: Stable Action: Affirmed Action: Affirmed Date: March O5, 2008 Contact an /?. flelyst Effective Date: March 05, 2008 * Denotes Under Review Best's Ratings Reports and News Visit our HeW6ROOm for the latest rims and press releases for this company and Its A.M. Best Group. AMB Credit Rupert - Insurance Professional (Unabridged) (formerly known as Best's Company Report) - includes Best's Fire rationale along with comprehensive analytical commentary, detailed business overview and key financial data. . 3 Report Revision Date: 04/0712008 (represents the latest significant change). Historical Reports are available in AMB Credit Report - Insurance Professional (Unabridged) Archl_va. Best's Exacerbate Summary patent (Financial Overview)- available in free versions, these presentation style report featlxe balances 1° key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2008 Bears Statement File PIC. US. Contains data compiled as of 5 /15/2008 (Quality Cross Checked). F Single Company -five years of financial data specifically on this company. P Comparison - 600ay -side financial analysis of this company with a peer group of up to five other companies you select. I Composite - evaluate this companys financials against a peer group composite. Report displays both the average and total composite group. AMB CrediLReport - Business Proftenlawl- provides three years of key financial data presented with colorful charts and tables. Each M tar latest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. DYa Status: Contains data compiled as of 511512008 (Quality Cross Checked). Beet's Key Rating Guide Presentation Report - includes Best's Financial Strength Rating and financial data as provided in Best's Key Ra Dora Scotus: 2006 Financial Data (Quality Cross Checked). �1 Financial and Analytical Products Best's Propeny /Casually Center.- Premium Dais & Reports Best's Key Rating Guide - P /C, US & Canada Best's Statement File - P /C, US B%t's Statement File - Global Best's Insurance Reports - PIC. US & Canada Best's State Una - P /C, US Bast's Inspmnge Expense Exhibit (IEE) - WC, US Best's Regulatory Center Market Snare Roberts Best's schedule P (Was Reserves) - P /C, US Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing Copyright ® 2D09 A.M. Best Condom, Inc. AD rights reserved. A M. Best worldwide HeadquerlBrs. AMDe6t Read. 01000. Nev, Jersey, 08059, U.SA. http: / /www3.ambest.com /ratings /Full Profile. asp ?Bl= 0 &AMBNum= 60 &AltSrc =1 &... 05/15/2008 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 TRAFFIC SIGNAL UPGRADES CONTRACT NO. 3932 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors Will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: $ v�totKS Address: Q -AS9o5 Cb�navu�AKGn+�ri sA 1 t v %4,wr *AM. CA g1-arUS Phone: OV) (.91. 5749 State License Number: 78e jg 33 G'-Irl Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: 46,4 A Bidder Authorized Signature/Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 TRAFFIC SIGNAL UPGRADES CONTRACT NO. 3932 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. ov�-� FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON- RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 , �+ (� Project Name /Number LIJf� \< c m 'T R., 1 t .t+..� —� Project Description TI S Approximate Construction Dates: From Agency Name ` A A 1 1.aL _ Contact Person 4% Ltctl LMJ.IS, Telephone (W* 4_reA /11" Original Contract Amount $ Final Contract Amount $ 5� • (�� If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 2 �n Project Name /Number AL %%D C uacbz Project Description T e2(Y��� a. �'-16. Approximate Construction Dates: From Agency Name L ^A 6n o,A-0. tiL a Contact Person Person Telephone (QM 'S.`41 • 4*V'I' ? Original Contract Amount $ Final Contract Amount $ 1 S't3Cr8%!� �.- If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number N1 t M-0 ` --OA -v t Project Description \1 a i1C%A Approximate Construction Dates: From Agency Name 15Zu„=%4Niczn.K Jlkn- �� Contact Person Telephone'� tj Original Contract Amount $ Final Contract Amount $ 14o If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. q> No. 4 Project Name /Number 1�4,�rcC�� f`F-�' Project Description ���►+� w-'� Cr.t�- �- w --'� Approximate Construction Dates: From Agency Name t-- `t f Contact Person7> #.- Telephone S`'t 4 K Original Contract Amount $ Final Contract Amount $ SStrStT.`> If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number . 6 5N=) Project Description Approximate Construction Dates: From To: Agency Name S' , vkou c s Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name /Number Project Description -tl S Approximate Construction Dates: From To: 0 Agency Name itl.1` 0r+01—" 0�t"`— Contact Person Telephone (g" Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contrac is current financial conditions. Bidder Authorized Signature/Title 10 4 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 TRAFFIC SIGNAL UPGRADES CONTRACT NO. 3932 NON - COLLUSION AFFIDAVIT State of California ss. County o i u¢k51 • rJ i k bei fi st duly savor deposes and says that he or she is of E r,'_ =nC. • , 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 the foregoing is true and comae ' Bidder Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this1_day of by the basis of (SEAL) evidence to be person ly known to me or kroved to me on person(s) who appehred before me. 11 Notary Public My Ctsmmission Expires: oi: ., . 0 0 CALIFORNIA JURAT WITH AFFIANT STATEMENT See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1 -5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of Cali ornia County of t :r err: Sgnahre of Documem Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this I1�ilk day of , 20-A— by D i '' II Montb � � � Year (1) ej t . nM t Name of Signer proved to me on the basis of satisfactory vidence to be the person who appeared before me (.) (and (2) , Name of Signer proved to me on the basis of satisfactory evidence to be the peM= Signature Signature of Notary Public Place Notary Seat Above 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. r7F er ription of ark- 1 US%K\ Title or Type of Documo Document Signers) Other Than Named Above: Number of Pages: q ' ✓,:�y,:`,:�5�:'+/S'�/:'si5' ✓:V r\..'• ✓TSS�r'v(`Vi VO�L.'✓4f:..' ✓�:.1V�dry�.�iV r'✓ 6��i'✓ 6L.:'✓ 6VK�6 \. /: \+Y6L.:' ✓SL.:L.:�.:V�'• i • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 TRAFFIC SIGNAL UPGRADES CONTRACT NO. 3932 DESIGNATION OF SURETIES Bidders name Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurancelbond type): 12 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 TRAFFIC SIGNAL UPGRADES CONTRACT NO. 3932 CONTRACTOR'S INDUSTRIAL SAFETY RECORD CCOMPANY PRO,POISAL Bidders Name _ _ �U �%" c' Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Yearof for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts Total dollar Amount of Contracts (in Thousands of $ No. of fatalities p 0 v No. of lost Workday Cases / -L g3 Q vy to 4 No. of lost workday cases involving permanent transfer to another job or v termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 E 0 Legal Business Name of Bidder Business Address: 2•S2a Z�ts.na� r+► iZ.ranA aAt+ `lzt r n Business Tel. No.: cw13'Lo1.*%y -&, State Contractor's License No. and Classification: C -La 4'lL.-Ln%4- Title elm The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 i • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 TRAFFIC SIGNAL UPGRADES CONTRACT NO. 3832 ACKNOWLEDGEMENT OF ADDENDA Bidders name / ( `Z i�L�— ✓" 0 The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 15 • •. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 2007 -2008 Traffic Signal Rehabilitation Project CONTRACT DATE: May 2, 2008 BY: Director TO: ALL PLANHOLDERS 1. Section 7 -15 of the Project Special Provisions shall be amended to read: "At the award of contract and until completion of work, the Contractor shall possess a C -10 License. At the start of work and until completion of work, the Contractor and all Sub- contractors shall possess a Business License issued by the City of Newport Beach. Pursuant to California Labor Code Section 3099, certification is required for all persons who perform work as electricians for contractors licensed as Class C -10 electrical contractors. Proof of certification for all individuals on the project shall be provided to the City prior to the award of contract. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum is attached. I have carefully examined this Addendum and have included 'ent in my Proposal. fuu i'OU JL. �tVZ4k.! _ 1 Bidder's Name (Please Print) r -(3 -Off Date ` Authorized Signature & Title cAdocuments and settingslsoylerUocal settingsVemporary internet filesVkl61addendum (2).doc • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 TRAFFIC SIGNAL UPGRADES CONTRACT NO. 3932 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the following information is true and correct: le Name of individual Contractor, Business Telephone and Fax Number: of California that the California State Contractor's License No. and Class: 63 4, L-ra (REQUIRED AT TIME OF AWARD) Original Date Issued: 0`r Expiration Date: 0 List the name and title /position of the person(s) who inspectei for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Corporation organized under the laws of the State of 16 Telephone 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: i For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; J Have you ever had a contract terminated by the owner /agency? If so, explain. N Have you ever failed to complete a pEoJect? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for la5No pliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Ye Are any claims or actions unresolved or outstanding? Ye 17 . .. • r If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Bidder by the basis [SEAL) (Print n e of O er or President of Coro Auth ze Signature(Title Title -' Date and sworn to (or affirmed) before me on evidence to bathe person(s) who 18 of known to me or •ed before me. Notary Public ' to me on M • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT %C3e.aw.aS a>_a... 1_t«La State of California Riverside County of On May 13, 2008 before me, Colette Richard, Notary Public Dale Here IreeN Name and Title of the Offloer personally appeared Daniel H. Sm #h * * * * * * * * * * * * * * * * * * * * * * * * * ** Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personM whose name ishwe- subscribed to the within instrument and acknowledged to me that he/sbeNWey executed the same in hislharfth& authorized capacity(-ie*, and that by his+ArHMeir signaturekon the instrument the personx, or the entity upon behalf of j ■ which the person acted, executed the instrument. CanrrMMOn 1700 [ti 7-Caww" ¢ "Ow � I certify under PENALTY OF PERJURY under the laws �Iwn10e Cou"I r of the State of California that the foregoing paragraph is true and correct. WITNESS my, hand and off i ial\ Signature Place Notary Seal Above Signature a Notary Pubic 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 e Bidder's Bond - City of Newport Beach Title or Type of Docu nt on ac - yf)g 7),ajj1cVJgna1 Upgrades Document Date: Number of Pages: Signer(s) Other Than Nam id Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer— Title(s): — ❑ Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 0 Signer's Nar ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUtd BPRINT OF SIGNER CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 TRAFFIC SIGNAL UPGRADES CONTRACT NO. 3932 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 TRAFFIC SIGNAL UPGRADES CONTRACT NO. 3932 CONTRACT THIS AGREEMENT, entered into this /qffi day of _A-c,, 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Pouk & Steinle, Inc.,, a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 2007 -2008 TRAFFIC SIGNAL UPGRADES "The work necessary for the completion of this contract consists of traffic signal modifications at the Campus Drive /Dove Street intersection, the Birch Street/Von Karman Avenue intersection, the Newport Center Drive /Newport Center Drive East/West intersection, and the Hospital Road /Placentia Avenue intersection per plan T- 5981 -S. In addition the work necessary for completion of this contract may include installation of Battery Backup Systems (BBS) at six existing traffic signal locations, as shown in Exhibit A, pursuant to section 2 -1 above should sufficient funds be available for award of such work." 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. 3932, 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: i r All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Three Hundred Twenty -Six Thousand, Nine Hundred Forty and 001100 Dollars ($326,940.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Brad Sommers (949) 644 -3326 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Pouk 8, Steinle, Inc. P.O. Box 3039 Riverside, CA 92519 951 - 682 -2982 951 - 788 -0686 Fax Contractor, by executing this Contract, "1 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. 21 0 r Contractor shall furnish City with original 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 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 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1173) 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 0002 0287 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. 22 0 • 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; 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, agents, 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, agents, 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. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 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 23 • • amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stoo Work for Non - Compliance City shall have the right to direct 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. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by 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 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. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 0 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. CITY OF A MunicA APPROVED AS TO FORM: POUK & INLE, I A4,,- C. �- By: *d AARON C. HARP ( orporat icer Assistant City Attorney // Title: � "Lr �ltsS�d�h Print Name: c+t L� �IN►.�F�G l By: LOW cc (Financial Officer) Title: 52 7/�/af, 7 22,/,j Print Name: 22,/,j 6- / ll4llt 25 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 2007-2008 TRAFFIC SIGNAL UPGRADES CONTRACT NO. 3932 BOND NO 190019363/105108892 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Councii of the City of Newport Beach, State of California, by motion adopted, has awarded to Pouk & Steinle, Inc., hereinafter designated as the "Principal," a contract for construction of 2007 -2008 TRAFFIC SIGNAL UPGRADES, Contract No. 3932 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. 3932 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, Liberty Mutual Insurance Company AND Travelers Casualty and Surety" 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 Beads, In the sum of Three Hundred Twenty-Six Thousand, Nine Hundred Forty and 00M00 Dollars ($326,90.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or, assigns, jointly and sevemily, firmly by these present. "Company of America 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 W 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 CM Code of the State of California. 9E ! • 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 vaius 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 arty principal above named executed this Bond as an individual, it is agreed that fie death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duty executed by the above named Principal and Surety, on the 27tH day of May �2208. A _ - J i? Pouk R 5tsinte, Inc. (Principal) Authorized Signaturefritle Liberty Mutual Insurance Company AND Travelers Casualty and Surety Company of America Name of Surety Authorized nt Signature 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 AND One Tower Square 2 SHS Hartford, CT 06183 Address of Surety 763 - 365 -7490 Telephone Jennifer Miller, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED a. 27 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT M..aYa> <CCiGa_Lmi�a. .'�.,a.,.af.. •4ai,TS,a.. -- ;,cCI!a'v3 .............. ',a> h4,i). at.:�. State of California Riverside County of On May 28, 2008 before me, Colette Richard, Notary Public Date Here Insert Name aM Title of the Officer personally appeared Daniel H. Nam(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person06 whose name') is/are-subscribed to the within instrument and acknowledged to me that helsHeHHeq executed the same in hi °aie:'r ieiF authorized capacityfies), and that by hisFper#geir signature on the COMM RI NARD instrument the personlo, or the entity upon behalf of Caminboun # 1762K9- 1 which the person(s) acted, executed the instrument. Notary Public - Ccalomla ir Rte Co.erltr 1 certify under PENALTY OF PERJURY under the taws LNVWW� W�nOac�L9011 of the State of California that the foregoing paragraph is true and correct. WITNESS my phand and official seal. ` tit t t b Place Notary v ry Seal Abe Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Docu a Labor and Materials Payment Bond -City of Newport Beach on - on Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): — ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 'R IG HTTHUM11a PRINT OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: -rr-� �- �<`, <� ro�v,.`, ', � v ,i; �c� <:�cuc:r: e2.:rc.r,..r<'.rs':r. .r,. ✓c.v.'¢r<'a ✓: �... �.r... RIGHT THUMBPRINT OF SIGNER 0 0 0 Acknowledgment of Corporate Surety STA71 E OF Minnesota } ) ss COUNTY OF Hennepin ) On this 27th day of May 2008 before me appeared Jennifer Miller , to be known, who being by me duly sworn did say that she is the aforesaid Attorney -in -Fact of the Liberty Mutual Insurance Company and Travelers Casualty and Surety Company of America a corporation;that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknoytledged said instrument to be the free act and deed of said corporation. 1 BARBARA L.KELLAR RY Pl18LIC- MINNESOTA M ?COURrs:�nEowe;JZna7.2oJo otary Public bN VJ.4:. '�.�M:a� ^,;Jl:i7•.MJ41f ary Seal) • 2321123 THIS POWER OF ATTORNEY IS NOT VALID 11 $S IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint DENNIS LOOTS, LAURIE PFLUG, JILL SWANSON, BARBARA KELLAR, JERRY OUIMET, NINA E. WERSTEIN, JENNIFER MILLER, BRIAN D. CARPENTER, BARBARA L. RAfDEKE, DE=NISE WISHCOP,.TERESA HAMMERS, ALL OFTHE CITY OF MINNEAPOLIS, STATE OF MINNESOTA ................... ................. :.:..:........................... ..:......................................... each individually if there be more than one named, its true.and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as its act and deed arrant all underakings, bonds, rekxgnizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00!100 * * *.**' *'y * ** * * * ** DOLLARS ($ 50,000;000.00** **" ) each, and the execution of such undertakings, bonds; recognizances and other surety obligations, in: pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company In their own proper persons. That this power Is made and executed pursuant to and by authority of the following ByAaw:and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recegnizances and other surety obligations. That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. m IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of c G Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 15th day of April 2008 Q 'a O LIBERTY MUTUAL INSURANCE COMPANY +� Syr., w(L /✓ 1./G� `777 G Garnet W. Elliott, Assistant Secretary w COMMONWEALTH OF PENNSYLVANIA as COUNTY OF MONTGOMERY p On this 15th day of April , 2008 , before me, a Notary Public, personally came Garnet W Elliott , to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 0 N �<1 4Q T, '9 NW TM OF PENH vLVANfA AtrOEar OF - 7aaeePWaKtvyPV.+c By ,�ii,GQacJ Pymoi�,nv.'ry kb+W c rtyC«rv�omE»wr, � 700D Ter sa Pastella, Notary Public �P� wmtir, Pern*Mwnu .....rm, a Haw . CERTIFICATEgRY Pte~ I, the undersigned, Assis etary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in fun . force and effect on the date of this certificate; and 1 do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authoriiedby the chairman or the president to appoint attomeys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the (ward of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a cerfified copy of any power of attorney Issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN =Y WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this Z-� day of Devi M. Carey, Ass t Secretary W TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 218790 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United Slates Fidelity and Guaranty Company Certificate No. 002283856 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company ate corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint B. L. Kellar, Dennis G. Loots, Jill N. Swanson, Laurie Pflug, Susan Shapiro, Nina E. Werstein, Jennifer Miller, Brian D. Carpenter, Barbara L. Raedeke, Laura Sutherland, and Denise Wishcop of the City of Minneapolis , State of Minnesota , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pemtingd in any i0ons or priceedings allowed by law. IN WITNESS WHEREOF, the Com%,fi have caused this instrlpaieneto be sdgned and their affixed, corporate seals to be hereto axed, this day of June X200 Farmington Casualty Copstp4tt�'e,� .... Fidelity and Guaranty 9nsirraac�� 6p�pagy; .. Fidelity and Guaranty lm uhi*e'UnderwAters, Inc Seaboard Surely Company St. Paul Fire and Marine Insurance Company 21st St. Paul Guardian Insurance Company St. Paul Mercury insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �,.64q SIYErr 064'N� 927 88xL if State of Connecticut City of Hartford ss. By: /Georgqq Thompson, Dior roe President On this the 21 st day of June 2007 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Memory Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TE7 In Witness Whereof, I hereunto set my hand and official seal. ' TA71 My Commission expires the 30th day of June, 2011. * * Ip } 58440 -5 -07 Printed in U.S.A. Marie C. Tem cult, Notary Public WARNI THIS POWER OF ATTORNEY IS INVALID WITF'OUT THE BORDER This Power of Attorney is granted under and by thority of the following resolutions adopted by the Boardrectors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company. SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions me now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors, at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority a by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED. that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be Valid and binding upon the Company and any such power so executed and certified by such Facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surely Company, 4f(tmericat and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power,gf'dttorney axeouted by sa`ldtompanies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand ar4noQ ties sehis this a7 � day of .20 Kai M. Johansc Assistant Secretary am 6 np � en FM1 �vq e _ i _ }`t 3 rt N�Iq� > i 1977 tm ai Y xearram, y 19$1 58EL? � n 'LR.n� ° �a Am J 9... To verify the authenticity of this Power of Attorney, call 1- 800-421 -3880 or contact us at✓ www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2007 -2008 TRAFFIC SIGNAL UPGRADES CPNTRACT NO. 3932 BOND No. 1900193631105108892 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,406.00 being at the rate of $ 4.30 _ thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Pouk & Steinle, lnc., hereinafter designated as the "Principal ", a contract for construction of 2007 -2008 TRAFFIC SIGNAL UPGRADES, Contract No. 3932 in the City of Newport Beach, in strict conformity with the plans, drawings, spectfications, 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. 3932 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract' NOW, THEREFORE, we, the Principal, and Liberty Mutual Insurance Company AND Travelers Caaaalty and surety , duly authorized to transact business under the taws of the State of Cafifomia as Surety (hereinafter 'Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Twenty -Six Thousand, Nine Hundred Forty and 001100 Dollars ($326,940.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and asslgn6; 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. " Company of America 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 falls to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will far fully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. -rj- 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 spetafications. This Faithful Performance Bond shalt 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 27th day of Pouk & Steinte, Im (Principal) Liberty Mutual Insurance Company AND Travelers Casualty and Surety Company of Ameri, Name of Surety 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 AND One Tower Square 2 SHS Hartford, CT 06183 Address of Surety 763 - 365 -7490 Telephone Jennifer Miller, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED VD] 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r'...<. -..:: at_ a>,: �,.. as�i. �.•,> �a>, 5._ y<,..»<, �» �: itc:. S::._-.><; a5_:>_: �c;:.;, va .a�Y:;_:.•_:�i:�,•- `.a,.:�ic�i �S. ^<..:. State of California Riverside County of On May 28, before me, 2008 Colette Richard, Notary Pub& Date Here Insert Name and TMe of the Olfper personally appeared Daniel H. Name(s) of Igner(s) COLETTE RICHARD %Camtniaion • 1782209 Notary Pubtle - California RIVOMIde County hVCWm8j*nD6C23,2Wj r who proved to me on the basis of satisfactory evidence to be the person06 whose namej%) Wom subscribed to the within instrument and acknowledged to me that hekAeiEkey executed the same in hisfic#RHeir authorized capacity(ieo, and that by hisft.M mi. signatureX on the instrument the persong or the entity upon behalf of which the person.A. acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official Dseal. �f Signature Place Nc W Seal Above Signature of Notary Pudic 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 Docunt Faithful Performance Bon - d -City of Newport Beach Co 10393 on Document Date:P 1 � Q Number of Pages: Signer(s) Other Than Namdd Above Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer —Title(s): — ❑ Partner —0 Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTnl ABPRINT inOP SIGNER Signer's Net ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHl1N1SPRINT OP SIGNER 0 0 Acknowledgment of Corporate Surety STATE OF Minnesota ) ss COUNTY OF Hennepin On this 27th day of May 2008 before me appeared Jennifer Miller , to be known, who being by me duly sworn did say that she is the aforesaid Attomey -in -Fact of the Liberty Mutual Insurance Company and Travelers Casualty and Surety Company of America a corporation;that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. /V t ::NV1n'dNN'fNJWUINVb�. °AN NNVWWVJ� y n 134RBARA L. KELLAR \DrABY PUBLIC - MINNESOTA Notary ,r ;d' my Cc cession Exom Jan. 31.2 Seal TRAVELERS` POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 218790 St. Paul Guardian Insurance Company St. Paul Memory Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 002283857 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the Stale of Wisconsin (herein collectively called the "Companies" ), and that the Companies do hereby make, constitute and appoint B. L. Kellar, Dennis G. Loots, Jill N. Swanson, Laurie Pflug, Susan Shapiro, Nina E. Werstein, Jennifer Miller, Brian D. Carpenter, Barbara L. Raedeke, Laura Sutherland, and Denise Wishcop of the City of Minneapolis , State of Minnesota , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perr4tW in any anions or prWeedings allowed by law. IN oWITNF -S.S WHEREOF, the Compgttlg,�have caused this instrytt�f tt,to be slgneit and the $`xorporate seals to be hereto affixed, this June LUU Y 21 at Farmington Casualty Cotplitluy, .. St. Paul Guardian Insurance Company Fidelity and GuarantyFasilraneg Ninpagy. St. Paul Mercury Insurance Company Fidelity and Guaranty lnsutufice'Underw4lirs, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company ®r- $at'/). f \& �,M lyy. Y1XSV Ejp�=)t� (�.).X Xy,,��� /��3 Po \. P ,ynWw°M� ena � 1DI / 9L� �= ��Y Zi �)�:. y z ( i� 1951 O 1o' '�8sxti'F State of Connecticut City of Hartford ss. By: v Georg Thompson, tt ce President On this the 21 St day of June 2007 , before me personally appeared George W. Thompson, who ac knowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. am In Witaess Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. * p��tps 58440 -5 -07 Printed in U.S.A. `n an;-k e . j d� Marie C. Teurault, Notary Public This Power of Attorney is granted under and by the aa- Mority of the following resolutions adopted by the Boards o75irectors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Memory Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Qompany 9%,Americk, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Powerkf Attorney executed by,siWCompanies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,1 have hereunto set my hand and ayme the sus oP said 04panies this C2'744 day of 1 , 20 C4. Kan M. Johans Assistant Secretary c 4r `'UaFry ¢ o`�iNa� T,nsugq ��µrr nvpa � ��� X92% gqrau g 1 �y sb�nreFr�� � �` Iasi w4O 9. aT m�SEAL/ 3'�S81LL;:.i � CONN. o" lk¢ G tBB6 R7 s To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.mavelemboad.com. Please refer to the Attorney -In -Pact number, the above -named individuals and the details of the bond to which the power is attached. IS INVALID WITHOUT THE RED BORDER THIS POWER OF ATTORNEY IS NOT VALIDOESS IT IS PRINTED ON RED BACKGROUND. 0 2321122 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint DENNIS LOOTS, LAURIE PFLUG, JILL SWANSON, BARBARA KELLAR, JERRY OUIMET, NINA E. WERSTEIN, JENNIFER MILLER, BRIAN D. CARPENTER, BARBARA-L. RAEDEKE, DENISE WLSHCQP,TERESA HAMMERS, ALL OF THE CITY OF MINNEAPOLIS, STATE OF MINNESOTA......... ................ ..........:............................................................................ each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as its act and deed and. and all undertakings, bonds, reoognizances and other surety obligation in the penal sum not exceeding FIFTY MILLION AND 00/100' "' " " "" " " "' DOLLARS ($ 50,000,000.00 * * * * *. ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents,. shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed. pursuant to and by authoiity.of,the following By -law. and Authorization: ' ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such ' attomeys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -In -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 15th day of A rll , 2008 LIBERTY MUTUAL INSURANCE COMPANY <, Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA as COUNTY OF MONTGOMERY On this 15th day of April .?M, before me, a Notary Public, personally came Garnet W. EI4ott, tome known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Q. _,r,OP1w ..' I I ­ COMWNW&kLn OF PENNMVAW tirFwrr r/ .///J OF �wravwr.YPUGIC By arr RjtO°�'T`O'�0to0"Oy Ter a PAstella, Notary Public JP mrW+....[wrr iaW9 .. CERTIFICATE RRy 1, the undersigned, Assi retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and ,I do further certify that the, officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TEWY WHEREOF, I hays hereunto subscribed my name and affixed the corporate seal of the said company, this z day of 1 *a,'; By Davi6 M. Carey, AssWOM Secretary 0 • F : * -, �: ' . CERTIFICATE NUMBER iN F _iFICATF :m;F CHI-001846283-03 PRODUCER THIS CERTIFICATE Is *SUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 333 South 7th Street, Suite 1600 POLICY. THIS CERTIFICATE DOES NOT MEND. EXTEND OR ALTER THE COVERAGE Minneapolis, MIN 55402-2400 AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE 0 OOMPAW OMP VY J43750-POUKS-GAWI 2W3 2D37 2048 L aj y A LIBERTY MUTUAL FIRE INS. CO. LIBERTY -;;a-URE0 COMPANY POUK & STEINLE, INC. B ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LTD. PO BOX $039 cDMaarvv RIVERSIDE, CA 92619-3039 C LIBERTY INSURANCE CORPORATION COMPANY D 6s ani:re places BI y.prevIbUS19ASSUMI Ce 0, a ow:- THIS IS TO CERTIFY THAT POLICIES OF 11,11SUMINCE DESCRIBED HEREIN HAVE SEEN ISSUED 10 THE INSURED NAMED HEREIN FOR THE POLICY PERIOD MDMAI ED. REQUIREIVENT, TERM OR CONDITION OFAIWCONTRACI MOTHER DOCUMEINU WITH RESPECT TO WHICH IME CERTIFICATE !MY BE ISSUED ORMAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, C0140I AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS S1,C1VVN MAY HAVE MEN REDUCED BY PND CLAIMS CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDONYI POLICY EXPIRATION DATE ONWIDDAY) LIMITS A SENERALLABILITY TB2641005097-048 01I1011108 01101109 MrI AGGREGATE $ 2,000,000 X COb1MERCIM GENERAL LIABILITY CLAIMS MADE I^ I OCCUR FRODUCTS-COUPPOPAGG 2,000,DD0 PERSONAL & ADN INJURY $ l'O000w EACHOCCURRENCE $ 1,060.000 OWNERS&CQFTrFv`CT=sPROT X 12 FR = JECT A G G R E G AT F FIREDWAGE(A.,orTifim) $ 500,000 MEDEXP(Ar;'..'non) $ 10,000 A AUTOMOBILE LIABILITY AS2 641005097-058 07101108 01/01/09 COMBINED SINGLE LIMIT $ 1,000,000 X MYAUTO DOCULY INJURY (PR"SOrp) $ ALLOWNEDALMDE SCHEDUIRDAUTOG X HIREDAUTCS BODILY INJURY (PAT a.ddrr) $ PROF'ERTYDAMAGE GARAGE LIABILITY OTHER THAN AUTO ONLY. ANY AUTO EACH ACCIDEPU AGGREGATE 9 EXCESS LIABILITY X0259ALAO8 01101108 01/01039 EACHOCCUFURZFECE $ 5,000,000 AGGREGATE $ 5,000,000 UMBRELLAFORM X OTHERTHANUMBRIEUEAFORM $ INDEXERS COMPENSATION AND EMPLOYERS LIABILITY X TORYLIJITS; ER EL EACH ACCIDENT $ 1.000.000 WA7-64D-005097-01 8 LAOS) 01101108 01101109 THE FHOPRIETOQV X INCL OFFICERS ARE EXCI [ncludes'StopGar' EL DISEASE - POLICY LIMIT $ 1.000,000 a D]SFAsE-EAC"EMFuTyEE $ 1,000,000 DINER WORKERS COMPENSATION IS EXCLUDED FROM ADDITIONAL INSURED WORDING DESCRIP MN OF OPERATIONSILOCA71ON SAHMICLEILS PECIAL ITEMS Re: 07-08 Traffic Signal Upgrades The City of Newport Beach, its officers, agents, officials, employees, and vOuneers are included as additional insured as required by written Contract CG 20371CG 2033 (General Liability) Attached. Waver of subrogation applies in favor of the additional insured. Coverage is primary and non-cantribulory to any insurance maintained by the additional insured as respects the General LiabilitylAulomobile Liability. CANCELLATION SHOULD PM' OF ME FOUDES DESCRISED FIEFUN OF CAIIOEUFC BFI-Oft ME EXPIRATXm p TE THEREOF. THE INVJII AFFORS)FIG COVERAGE WILL 89&Ab1kW Wit 10 DAYS V IUEN NOTICE TO 1HE City of Newport Beach Attn: Shama Lyn Oyler /Public Works Department CERTIFICATE M IVA FAVIESO MENIN. CODMeIXHX%NX> f( 3300 Newport Blvd. NXaBxmRX IQQQO� Newport Beach, CA 92663 JA N�T:R,WEDREPRESENTATWE A , . BY: Mary Radaszeviski VALID AS OF:06105108 i 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED This endorsement modifies Insurance provided under the following! BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s) or organization (s) who are "insureds" under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Schedule Names of Person(s) or Organization (s) ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED IN WRITING TO ADD AS AN ADDITIONALINSURED, BUT ONLY TO COVERAGE AND MINIMUM LIMITS OF INSURANCE REQUIRED BY THE WRITTEN AGREEMENTAND IN NO EVENT TO EXCEED HITHER THE SCOPE OF COVERAGE OR THE LIMITS OF INSURANCE PROVIDED IN THIS POLICY. Each person or organization shoum in the Schedule is an "Insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "Insured" under the Who Is An Insured Provision contained in Section Il of the Coverage Form. This endorsement is executed by the Premium $ Effective Date 01/01/08 Lit" Insurance Corporation Expiration Date 01/01/09 For attachment to Policy No. AS2-641- 005 09 7 -05 8 CA 20 48 02 99 0 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section Il - Who is An Insured is amended to include as an insured any person or organization for whom you at performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional Insured on your policy. Such person or organization is an additional Insured only with respect to liability arising out of your ongoing operations performed for that insured. A Person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 2. Exclusion 7tds insunance does not apply to: a. "Bodily injury", "property damage" or `personal and advertising injury" adshtg out of the rendering of, or the failure to render, any professional architectural; errgineering nr surveying services, including: inclu: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2)SuprMsory, inspection. irditcch�ad or engineering activities "Bodily Injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in oonnection with such work, m the project (other than servfcc, maintenance a repairs) to be performed by or on behalf ofthe additional insured(s) at the site of the covered operations has been completed CG 20 3310 01 Page I of 2 0 (2) That portion of "your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in peifoznting operations for a principal as a part of the same project. This endorsement is executed by the Liberty Mutual Fire Ins. Co. Premium $ 0 Effective Date 01/01/08 Expiration Date 01/01/09 For attachment to Policy No. TB 2 -641 - 005097 -048 CG 20 33 10 01 Page 2 of 2 0 -0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Person or Organization Any person or Organization where required by written contract. Location And Description of Completed Operations Additional Premium- (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II - Who is An Insured is amended to include as an insured die person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at die location designated and described in the schedule of this endorsement performed for that insured and included in the "product - completed operations hazard " - This endorsement is executed by the Liberty Mutual FYre Ins. Co. Premium $ Effective Date 01/01/08 Expiration Date 01/01/09 For attachment to Policy No. T132- 641 - 005097 -045 CG 20 37 1001 0- • WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contlacl that required you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom yon perform work under a written contract that required you to obtain this agreement from us prior to loss. This endorsement is executed by the Liberty Insurance Corporation Premium $ Effective Date 01/01 /08 Expiration Date 01/01/09 For attachment to Policy No. WA7- 64D- 0005097 -018 (AOS) WC 00 D3 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED - OTHER INSURANCE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Amendment N - Other insurance of the General Amendatory Endorsement is replaced by the following: N. AMENDMENT - OTHER INSURANCE With respect to "Amendment- Blanket Additional Insured, the following provisions apply a Whom the applicable written agreement requires the insured to provide liability insurance on a primary, excess, eontlngsnt, or any other basis, this policy win apply solely on the basis of such vmttea agreement and Item 4. Other insurance of SECTION IV of this policy will act apply, regarciloss of whether the person, organization, state or other political subdivision (for whom the Insured has agreed in writing to provide such insurance) has available other valid and collectible insurance. b. Where the applicable written agreement does not specify can what basis ire liability insurance will apply the provisions of Item 4. Other Insurance of SECI70N IV of this policy will gov= C. "Amendment - Blanket Additional Insured" shall not apply to any person or organization for any "bodily injury" or "property damage" if any other additional insured endorsement applies to that person or organization with regard so the "bodily Injury" or "property damage ". 2. With respect to coverage provided by "Amendment - Contractual Liability ", "Amendment - Coverage For Bodily Injury To Co- Employees" and "Amendment - Professional Health Care Services By Employees ", we will deem our policy to be primary regardless of whether any other valid and collectible insurance is available to the insured, and Item 4. Other Insurance of SECTION IV of this policy will apply. 3. If any other additional insured endorsement applies to any person or organization and you axe obligated under a written agreement to provide liability insurance on a primary, excess, contingent, of any other basis fox that additional insured, this policy will apply sotely on the basis of such written agreement and Item 4. Other Insurance of SECTION IV of this policy will not apply, regardless of whether the person or organization has available other valid and collectible insurance. If the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Item 4. Other Insurance of SECTION IV of this policy will govern. This endorsement is executed by the Liberty Insurance Corporation Premium $ Effective Date 01 /01/08 Expiration Date 01/01/09 For attachment to Policy No. TB2 -641 - 005097 -048 NRD 693 08 05 Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 5/29/08 Dept.lConiact Received From: Shauna Oyler Date Completed: 5/29/08 Sent lo: Shauna Oyler By: Jessica Scherer Company /Person required to have certificate: Pouk & Steinle, Inc. I. GENERAL LIABILITY A. INSURANCE COMPANY: Liberty Mutual Fire Insurance Co. B. AM BEST RATING (A: VII or greater): AXV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $21v1 Agg/SIM Occ E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The ❑ No City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON- CONTRIBUTORY WORDING (Must be included): Is it included? ❑ Yes ® No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include 'solely by negllgence° wording? ❑ Yes ® No L 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. It. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Liberty Mutual Fire Insurance Co. B. AM BEST RATING (A: VII or greater) AXV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? 1,000 000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. 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. Ill. WORKERS' COMPENSATION A. INSURANCE COMPANY: Liberty Insurance Corporation B. AM BEST RATING (A: VII or greater): AXV C. LIMITS: Statutory D. WAIVER 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? Primary & Non - Contributory wording listed on certificate however, no endorsement attached to certificate showing coverage. Pouk & Steinle, Inc. • . Page 1 of l Oyler, Shauna From: April Walker [AWalker @bbsocal.com] Sent: Thursday, June 05, 2008 11:30 AM To: Oyler, Shauna Subject: FW: Pouk & Steinle, Inc. Attachments: 0355_001. pdf Hi Shauna, I reviewed the attached endorsement for the primary and non - contributory and the endorsement is okay. All is in order now. Regards, Apri[ Wacker, CIC Sr. Account Manager Brown & Brown of California, Inc. P.O. Box 6989 Orange, CA 92863 Phone: 714- 221 -1813 Fax: 714- 221 -4113 awalker@bbsocal.com License #0785279 NOTICE: Please be aware that you cannot bind, alter or cancel coverage without speaking to an authorized representative of Brown & Brown. Coverage cannot be assumed to be bound without confirmation from an authorized representative of Brown & Brown. CONFIDENTIALITY NOTICE: The information contained in this communication, including attachments is privileged and confidential. It is intended only for the exclusive use of the addressee. If the reader is not the intended recipient, or the employee, or the agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error please notify us by return email or telephone immediately. Thank you From: Oyler, Shauna [mai Ito: SOyler @city.newport- beach.ca.us] Sent: Thursday, June 05, 2008 10:04 AM To: Tara Hemmingsen; April Walker Subject: Pouk & Steinle, Inc. Please recheck the attached insurance docs. An endorsement page has been added. The last two pages are your original checklist. Thanks so much <<0355_001.pdf>> 06/05/2008 California Business Search Page 1 of 1 DISCLAIMER: The information displayed here is current as of MAY 09, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation POUK & STEINLE, INC. Number: C1562138 Date Filed: 7/14/1989 Status: active Jurisdiction: California Address 1200 WEST CENTURY AVENUE BISMARCK, ND 58503 Agent for Service of Process C T CORPORATION SYSTEM 818 WEST SEVENTH ST LOS ANGELES, CA 90017 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. hftp://kepler.ss.ca.gov/corpdata/ShowAilList?QueryCorpNumber=Cl 562138&pri... 05/15/2008 Check A License: Contracto *icense Detail • Page 1 of 2 Skip to: CSLB Home I Content I Footer I Accessibility arct 4 Department of Consumer Affairs ► ,GtlV Contractors State Lie oard t1 lilt Ilkk.k4li�llllii.pll lilt �lilt� t:itl1:114tl;4(1 I�lll lilflltIi� {Y i.11flll. smam lmemlill CSLB Newsroom Board and Committee DISCLAIMER: A license status check provides information taken from the Meetings CSLB license database. Before relying on this information, you should he awa Disaster Information the following limitations. Center This license filed Contractor's Bond number 190015058 in the am- of $12,500 with the bonding company LIBERTY MUTUAL INSURANCE COMPANY. Effective Date: 01/0112007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. This license filed Bond of Qualifying Individual number 19001 for BOBBY WAYNE BRISCOE in the amount of $12,500 with bonding company LIBERTY MUTUAL INSURANCE COMPAI http: / /www2. csl b.ca. gov /G enera I- Information /interactive -too Is /check -a -I icense/Li... 05/15/2008 • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to pt CSLB Library complaint disclosure, a link for complaint disclosure will appear below. Click on the link c Frequently Asked to obtain complaint and/or legal action information. Questions • Per B &P 7071 17, only construction related civil judgments reported to the CSLB are dis Online Services • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitr • Check A License or HIS • Due to workload, there may be relevant information that has not yet been entered onto It Registration ' Board's license database. • Filing a Construction Complaint • Processing Times License Number: 576274 Extract Date: 05 /15 /2( • Check Application Status Business POUK & STEINLE INC • Search for a Surety Bond Information: P O BOX 3039 Insurance Company RIVERSIDE, CA 92519 • Search for a Workers' Business Phone Number: (951) 682 -2982 Compensation Company Entity: Corporation How to Participate Issue Date: 08/28/1989 Expire Date: 0813112009 License Status: This license is current and active. All information below should b- reviewed. Classifications: CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR C10 ELECTRICAL Bonding: CONTRACTOR'S BOND This license filed Contractor's Bond number 190015058 in the am- of $12,500 with the bonding company LIBERTY MUTUAL INSURANCE COMPANY. Effective Date: 01/0112007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. This license filed Bond of Qualifying Individual number 19001 for BOBBY WAYNE BRISCOE in the amount of $12,500 with bonding company LIBERTY MUTUAL INSURANCE COMPAI http: / /www2. csl b.ca. gov /G enera I- Information /interactive -too Is /check -a -I icense/Li... 05/15/2008 Check A License: Contractoo License Detail . Page 2 of 2 Workers' Compensation: Miscellaneous Information: Effective Date: 01/0112007 BQI's Bonding History This license has workers compensation insurance with the LIBERTY INSURANCE CORPORATION Policy Number: WA764DO05097018 Effective Date: 01/01/2008 Expire Date: 01/01/2009 Workers' Compensation History DATE DESCRIPTION 06/20/2001 CLASS B REMOVED Personnel listed on this license (curew or disassociated) are listed on other licenses. Consumers I Contractors I Applicants I Journeymen I Public Works I Building Officials I General Info CSLB Home I Conditions of Use I Privacy I Contact CSLB Copyright © 2007 State of California http: / /www2. cs I b. ca. gov /Genera I -I nformationli me ractive -too Is /check -a -lice nselLi... 05/15/2008 Encompass Detail Acct. Type: Business Tax License #: BTO3010937 Bus. ID: 0013586 Name: POUK & STEINLE. INC Owner Name: BRISCOE. BOB Owner 5 Type: Exp. Date: 12/3112008 S Addy: 2520 AIJBIDOUX BLVD S Addy 2: Addr3: RIVERSIDE CA Zip: 92509 B Addr1: PO BOX 3039 B Addr2: B Addr3: RIVERSIDE, CA B Zip: 92519 Phone: 909 -682 -2982 FEIN: 330364913 SEIN: Established: 1112003 SIC: 1511-GENERAL CONTRACTOR Owner #: 0013586 # of Emps: 0 usr1: 124532 usr2: BT03010937 usr3: usr4: usr5: usr6: usr7: M DorW ISSta ® Microsoft.. [] Microsoft.. „ A Inbox - ... TSMIT... Ili# 2 Inte... - ri!� , , 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 2007 -2008 TRAFFIC SIGNAL UPGRADES CONTRACT NO. 3932 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3932 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @ r'on fv,6"^"w Dollars and 5r-00 Cents $ Per Lump Sum 2. Lump Sum Campus Drive /Dove Street Traffic Signal Modification (T= 5981 -5) @66dWn 'C.%tW r Dollars V4441Ip0..D and r- _ Cents $ 78 Per Lump' um 3. Lump Sum Campus Drive /Dove Street Temporary Traffic Signal Wiring Dollars and Cents $ 3000 Per Lumy, Sum —r- n u PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9 5. am 7 9 Lump Sum. Birch Street/Von Karman Avenue Traffic Signal Modification (T- 5981 -S) @ cttt�. �lrue;�ra Dollars and Cents Per Lump Sum Lump Sum Hospital Road /Placentia Avenue Traffic Signal (T- 5981 -S) @taa,+s rla""j" Dollars and _ Cents Per Lum6 Sum $ 28T Modification $ 5lot�' Lump Sum Hospital Road /Placentia Avenue Temporary Traffic Signal . Wiring @ 711445e. TI",- Dollars and Cents $ 3t:K3C� Per Lump turn Lump Sum Newport Center Drive /Newport Center Drive East/West Traffic Signal Modification 4T- 5981 -S) 0 J @Qdi�AlOdti� in+�td Dollars and Cents $ I1i�81X3 — Per Lum Sum Lump Sum Newport Center Drive /Newport Center Drive East/West Temporary Traffic Signal Wiring @ r., ,a ! ✓ AtiDollars and e{ Cents $' Per Lump Sum n L� E PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 1 EA. Remove and Construct P.C.C. Access Ramps i @ rwo 1 Dollars and y Cents $ Per Each ' 10. 9 EA. Modify P.C.C. Access Ramps to add Detectible Warning Surface @ AA&;� 77VVI+-'�o Dollars 4# and Cents Per Each 11. Lump Sum Provide As -Built Drawings @ :W# tlIM4,+✓11 Dollars and Cents $ ?d Per Lump Sum $ 309 94/0 TOTAL PRICE IN FIGURES ( ASE BID) TOTAL PRICE IN WRITTEN WORDS (BASE BID) and Cents f • PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE ADDITIVE BID ITEMS: ABI #1 5 EA. Battery Backup System 0 @ Ilars and 3 �lvo Cents Per Each S Date (Q5l C.�1 �Lq 8 2 (qT7 � s38- c�.a4. Bidder's Telephone and Fax Numbers 5-7 "L-7 P-4 rA C- to Bidder's License No(s). and Classification(s) s 17,000 Bidder fl-ioder ihorized Signature and Title 2.54A J< %b .o%.+x Bidder's Address Bidder's email address: CAM f :fusers \pbMshared cD*acls \fy 07- 08107.08 traffic signal upgrades c- 3932 \proposal c-3932.doc C^ 0 • 1 1 1 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2007 -2008 TRAFFIC SIGNAL UPGRADES CONTRACT NO. 3932 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -1 AWARD AND EXECUTION OF CONTRACT 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 41.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-1 LOCATION 5 -2 PROTECTION 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 1 1 1 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 0 0 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -6 THE CONTRACTOR'S REPRESENTATIVE 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Safety 7 7- 10.4.1 Safety Orders 7 7 -15 CONTRACTOR'S LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 10 201 -1 PORTLAND CEMENT CONCRETE 10 201 -1.1.2 Concrete Specified by Class 10 201 -1.6 Matching Concrete 10 SECTION 203 BITUMINOUS MATERIALS 10 203 -1 PAVING ASPHALT 10 203 -1.1 General 10 0 0 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 300 -1.3.2 Requirements 11 300 -1.5 Solid Waste Diversion 11 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 12 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 12 303 -5.1 Requirements 12 303 -5.1.1 General 12 303 -5.4 Joints 12 303 -5.4.1 General 12 303 -5.5 Finishing 12 303 -5.5.2 Curb 12 303 -5.5.3 Sidewalk 12 303 -5.5.4 Gutter 12 SECTION 86 SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS 86 -1 GENERAL 12 86 -1.01 Description 13 86 -1.04 Equipment List and Drawings 13 86 -1.05 Warranties, Guarantees, and Instructions Sheets 13 86 -1.06 Maintaining Existing and Temporary Electrical Systems 13 86 -1.07 Scheduling of Work 14 86 -2 MATERIALS AND INSTALLATION 14 86 -2.03 Foundations 14 86 -2.04 Standards, Steel Pedestals, and Posts 15 86 -2.05 Conduit (Rigid) 15 86 -2.05 Conduit (PVC) 15 86 -2.06 Pull Boxes 16 86 -2.08 Conductors 16 86 -2.09 Wiring 16 86 -2.10 Bonding and Grounding 16 86 -2.11 Service 17 86 -2.14 Testing 17 86 -2.14B Filed Testing 17 86 -2.14C Functional Testing 18 86 -2.16 Painting 19 OPTICOM PRIORITY CONTROL SYSTEM 24 BATTERY CABINET 25 SPECIFICATION FOR 24V BATTERY BACK -UP SYSTEM 25 EXHIBITS EXHIBIT A BBS INSTALLATION LOCATIONS /DETAILS EXHIBIT B BATTERY CABINET f. \users \pbw\shared\contractsW 07 -08 \07 -08 traffic signal upgrades c- 3932\specs index o-3932.doc 0 0 86 -3 CONTROLLER ASSEMBY 19 86 -3.02 Type 90 Controller Assembly /Bike Timing Logic Assembly 19 86 -3.04 Controller Cabinets 20 86 -4 TRAFFIC SIGNAL FACES AND FITTINGS 20 86 -4.01 Vehicle Signal Faces 20 86 -4.02 Light Emitting Diode Signal Module 20 86 -4 -06 Pedestrian Signals 20 86-5 DETECTORS 21 86 -5.01 Vehicles Detectors 21 86 -5.02 Pedestrian Push Button Assemblies 21 86 -6 LIGHTING 22 86 -6.01 High Pressure Sodium Luminaires 22 86 -6.01A High Pressure Sodium Lamp Ballasts 22 86- 6.01A(1)a Lag -Type Regulator Ballasts 22 86- 6.01A(1)b Lead Type Regulator Ballasts 23 86 -6.065 Internally Illuminated Street Name Signs 23 86 -6.07 Photoelectric Controls 24 86 -7 REMOVING, REINSTALLING, OR SALVAGING ELECTRICAL EQUIPMENT 24 OPTICOM PRIORITY CONTROL SYSTEM 24 BATTERY CABINET 25 SPECIFICATION FOR 24V BATTERY BACK -UP SYSTEM 25 EXHIBITS EXHIBIT A BBS INSTALLATION LOCATIONS /DETAILS EXHIBIT B BATTERY CABINET f. \users \pbw\shared\contractsW 07 -08 \07 -08 traffic signal upgrades c- 3932\specs index o-3932.doc • • SP 1 OF 26 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2007 -2008 TRAFFIC SIGNAL UPGRADES CONTRACT NO. 3932 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions and Supplement; (2) the Plans (Drawing No. T- 5981 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements; (5) Standard Transportation (2006 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction and Standard Specifications and the Plans of the State of California, Department of Transportation as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -1 AWARD AND EXECUTION OF CONTRACT. Add to this section, "The following items of work pertain to the Additive Bid Items (ABI) included within the Proposal. Award of contract, if made, will be to the lowest base bid plus as many ABI that can be awarded with the funds that are available for award. ABI shall be awarded in the following sequence: ABI #1 (Installation of Battery Backup Systems at five existing traffic signal locations). 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of traffic signal modifications at the Campus Drive /Dove Street intersection, the Birch Street/Von Karman Avenue intersection, the Newport Center 0 0 SP2OF26 Drive /Newport Center Drive East/West intersection, and the Hospital Road /Placentia Avenue intersection per plan T- 5981 -S. In addition the work necessary for completion of this contract may include installation of Battery Backup Systems (BBS) at six existing traffic signal locations, as shown in Exhibit A, pursuant to section 2 -1 above should sufficient funds be available for award of such work." 2 -9 SURVEYING 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the City will restore the survey monuments at Contractor's expense. The restoration cost to the Contractor will include filing the required Record of Survey or Corner Records with the County of Orange. 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 1Q 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. 0 0 SP3OF26 SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 -- UTILITIES 5 -1 LOCATION. Add the following after the 3'd paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -8 SALVAGED MATERIALS. Refer to Section 86 -7 of these Special Provisions. SECTION 6 - -- PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, the Contract and Insurance documents have been submitted, and a schedule of work, BMP plan, and traffic control plans (if applicable) have been approved by the Engineer. The Contractor shall submit a construction schedule and traffic control plans to the Engineer for approval a minimum of five working days prior to the pre- construction meeting. Schedule may be bar chart or CPM style. • • SP4OF26 The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 100 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11 th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31st (New Year's Eve — half day). 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 8:00 a.m. to 4:00 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. • SP5OF26 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified. in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. 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 inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -6 THE CONTRACTOR'S REPRESENTATIVE In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface. 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during saw cutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at 0 • SP6OF26 the Public Works Department or can be found on the City's website at htti)://www.city.new[)ort-beach.ca.us/i)ubworks/Iinks.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the latest edition of the Work Area Traffic Control Handbook (WATCH), as published by Building News, Inc." Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3).". 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the.following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to • • SP 7 OF 26 the site. Prior to move -in, the Contractor shall take photos of the lay down area. The Contractor shall restore the lay down area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the latest edition of the Work Area Traffic Control Handbook (WATCH), as published by Building News, Inc. At the request of the City, the Contractor shall submit to the Engineer a traffic control plan and detour plan for each street and parking lot within the project area. The Contractor shall be responsible for processing and obtaining approval of a traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared, signed, and sealed by a California licensed Civil Engineer or Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall meet the following requirements 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a C -10 License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 0 • SP8OF26 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and these contract special provisions shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item as defined by Section 11 (Mobilization) of the Standard Specifications of the State of California Department of Transportation (May 2006). Item No. 2 Campus Drive /Dove Street Traffic Signal Modification: Work under this item shall include, but not be limited to, furnishing and installing a new traffic signal controller cabinet, complete, including the traffic signal controller and plugables, wiring, traffic signal head tenons, indications, push button assemblies, BBS, all necessary hardware, and all other work necessary to modify the traffic signal at the Campus Drive /Dove Street intersection per plan T- 5981 -S. Item No. 3 Campus Drive /Dove Street Temporary Traffic Signal Wiring: Work under this item shall include, but not be limited to, providing and installing temporary traffic signal wiring to maintain traffic signal operation at the Campus Drive /Dove Street intersection, including pedestrian push buttons. This item excludes vehicle detection. • SP9OF26 Item No. 4 Birch Street[Von Karman Avenue Traffic Signal Modification: Work under this item shall include, but not be limited to, furnishing and installing wiring, push button assemblies, BBS, all necessary hardware, and all other work necessary to modify the traffic signal at the Birch Street/Von Karman Avenue intersection per plan T- 5981-S. Item No. 5 Hospital Road /Placentia Avenue Traffic Signal Modification: Work under this item shall include, but not be limited to, furnishing and installing a new traffic signal controller cabinet, complete, including the traffic signal controller and plugables, wiring, push button assemblies, all necessary hardware, and all other work necessary to modify the traffic signal at the Hospital Road /Placentia Avenue intersection per plan T- 5981 -S. Item No. 6 Hospital Road /Placentia Avenue Temporary Traffic Signal Wiring: Work under this item shall include, but not be limited to, providing and installing temporary traffic signal wiring to maintain traffic signal operation at the Hospital Road /Placentia Avenue intersection, including pedestrian push buttons. This item excludes vehicle detection. Item No. 7 Newport Center Drive /Newport Center Drive East/West Traffic Signal Modification: Work under this item shall include, but not be limited to, furnishing and installing a new traffic signal controller cabinet, complete, including the traffic signal controller and plugables, wiring, indications, push button assemblies, traffic signal poles and arms, all necessary hardware, and all other work necessary to modify the traffic signal at the Newport Center Drive /Newport Center Drive East/West intersection per plan T- 5981 -S. This item includes finishing traffic signal items per plan and specs. Item No. 8 Newport Center Drive /Newport Center Drive East/West Temporary Traffic Signal Wiring: Work under this item shall include, but not be limited to, providing and installing temporary traffic signal wiring and a temporary pole to maintain traffic signal operation at the Newport Center Drive /Newport Center Drive East/West intersection, including pedestrian push buttons. This item excludes vehicle detection. Item No. 9 Remove and Construct P.C.C. Access Ramps: Work under this item shall include, but not be limited to, removing existing improvements and constructing one (1) P.C.C. access ramp including detectible warning surface per City Standard 181- L- A /B /C /D (11/2005 Revision) at the Newport Center Drive /Newport Center Drive East/West intersection per plan T- 5981 -S. Item No. 10 Modify P.C.C. Access Ramps to add Detectible Warning Surface: Work under this item shall include, but not be limited to, modifying existing P.C.C. access ramps to add detectible warning surface at nine (9) locations at the Newport Center Drive /Newport Center Drive East/West intersection per plan T- 5981 -S. 0 • SP 10 OF 26 Item No. 11 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the engineer for review prior to payment request. ADDITIVE BID ITEMS Item No. ABI #1 Furnish and install Battery Backup Systems (BBS) at five (5) Existing Traffic Signal Locations: Work under this item shall include, but not be limited to, providing and installing Battery Backup Systems, including all necessary components to operate as intended. See Exhibit A for locations. The above payment items shall be used as the sole basis for measurement of work completed in accordance with the Plans and these Special Provisions. Progress payments shall be made on the basis of the quantities furnished and installation completed times the corresponding unit prices for each payment item in the payment schedules. The Contractor is responsible for a complete project and for performing all work shown on the Plans and as described in these Special Provisions." 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 and alternate Class ........ 201 -1.6 Matching Concrete. Add to this section: "P.C.C. to be reconstructed must match the characteristics of existing P.C.C., including color and pattern." SECTION 203 BITUMINOUS MATERIALS 203 -1 PAVING ASPHALT 203 -1.1 General. Add to this section: "All asphalt concrete used on the work shall be III-C3-AR-4000" • PART 3 CONSTRUCTION METHODS SECTION 300 -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials • SP 11 OF 26 Add to this 6ection: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Sold Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at http: / /www.city. newport- beach. ca .us /GSV /Frachised %20Haulers. htm." 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 saw cuts. Final removal between the saw cut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-Y2 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. • SP 12 OF 26 SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: "All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303 -5.5.3 Sidewalk Add to this section: "Sidewalk panels shall be replaced in full panels (score -line to score -line) 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 86 - -- SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS Standard Specifications for the State of California, Department of Transportation (May 2006) 86 -1 General The Contractor shall furnish all tools, equipment, materials, supplies, and manufactured articles and shall perform all operations necessary to construct traffic signal and street lighting facilities as shown on the drawings and as specified herein. L 86 -1.01 Description • SP 13 OF 26 Furnishing and installing traffic signals and highway lighting systems shall conform to the provisions in Section 86, Signals and Lighting, of the Standard Specifications and the Standard Plan of the State of California, Department of Transportation, dated July 2006, and these Special Provisions. 86 -1.04 Equipment List and Drawings Furnish one 24 "X36" mylar reproducible, in addition to the required two sets, of the cabinet schematic wiring diagram. The cabinet schematic wiring diagram shall include a diagram of the intersection including loop /phase information. 86 -1.05 Warranties, Guarantees, and Instructions Sheets The Contractor shall guarantee the entire work constructed by him /her under this contract will fully meet all requirements as to quality of workmanship and materials furnished by the Contractor. The Contractor shall make, at their own expense, any repairs or replacements made necessary by defects in workmanship or materials furnished by him /her that become evident within twelve months after filing of the Notice of Completion of the work and to restore to full compliance with the requirements of these Specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written work 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 the Contractor's surety shall be liable to the City for the cost. 86 -1.06 Maintaining Existing and Temporary Electrical Systems The following paragraphs shall be added to 86 -1.06: Traffic signal system shutdown shall be limited to 4 -hour periods between the hours of 9:00 AM and 3:00 PM on weekdays (Monday through Thursday), except as authorized by the Engineer. "STOP AHEAD" and "STOP" signs shall be furnished by the contractor and shall conform to the provisions in Section 12 -3.06, "Construction Area Signs," of the Standard Specifications except that the base material for the signs shall not be plywood. Two "STOP AHEAD" signs and two "STOP" signs shall be placed for each direction of traffic. Locations of the signs shall be per the WATCH manual. If deemed necessary by the Engineer, an approved digital message board may be required. The Contractor shall install temporary overhead wiring and equipment to maintain full signal operation (except for vehicle detection) and safety lighting at locations a • SP 14 OF 26 designated as bid items. This wiring shall include operation of pedestrian push buttons.. Exceptions shall approved by the Engineer. 86 -1.07 Scheduling of Work The Contractor may perform sub - surface work consisting of the installation of conduit, foundations, and detectors, prior to receipt of all electrical materials and equipment. Above - ground signal work shall not commence until such time that the Contractor notifies the Engineer, in writing, of the date that all electrical materials and equipment are received, and said work shall start within 15 days after said date. Above - ground signal work shall be scheduled such that the signal turn -on shall occur within 10 days of the pole installation. Existing street lighting shall remain in operation until new lighting is operational. All striping, pavement markings, and signing shall be in place prior to signal turn -on and /or opening of street to public travel. Prior to installation of signal detector loops, the location of proposed striping and crosswalks shall be marked in the field and approved by the Engineer. Turn -on of the new traffic signal scheduled only for the hours between 9 AM and 12 Noon and shall not be on, nor shall the functional test start on a Friday, Saturday, Sunday, holiday, or any day preceding a holiday. The Traffic Engineer shall be notified at least two working days prior to the intended turn -on. If the scheduled turn -on cannot be completed before noon, it shall be rescheduled subject to the limitation of this section. All signal heads and pedestrian heads shall remain covered prior to signal turn - on. 86 -2 MATERIALS AND INSTALLATION 86 -2.03 Foundations Portland Cement Concrete (PCC) shall be Class 560 -C -3250 concrete prepared in accordance with the 2003 Standard Specifications for Public Works Construction. Portland cement used shall be Type V. Placement of concrete shall conform to the provisions in Section 51, "Concrete Structures" of the State Standard Specifications. Non - conflicting foundations to be abandoned shall be removed to a depth not less than 36 inches (3 feet) below the surface of the sidewalk or unfinished ground. All conflicting foundations shall be removed completely. Foundation concrete shall be vibrated to eliminate air pockets. The Contractor shall define exact location of all utilities in the vicinity of the new foundations, by hand digging if necessary. After all utilities are established, Contractor 0 • SP 15 OF 26 shall contact the Engineer for authorization of specific foundation location. Foundations shall be hand -dug until clear of obstructions. 86 -2.04 Standards, Steel Pedestals, and Posts Contractor shall furnish all hardware to meet the state specifications for all new and relocated equipment. The hardware shall be hot -dip galvanized or stainless steel as detailed. Where new side tenons are to be field welded to the existing pole mast arms, as shown on the plans, the work shall be done by a welder who is certified by the State of California. The tenons shall be attached per State Standard Detail ES -7M. Hot applied galvanized coating shall be applied to the areas disturbed by the welding operation. Traffic Signal equipment to be installed at the Newport Center Drive /Newport Center Drive E/W intersection shall be coated per Section 86 -2.16 of these Special Provisions. 86 -2.05 Conduit (Rigid) Metallic conduit shall only be used to repair existing metallic conduit in kind or as shown on plan. Insulated bonding bushings will be required on metal conduit. After conductors have been installed, the ends of conduits terminating in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound. Rigid metal conduit, to be used as a drilling or jacking rod, shall be fitted with suitable drill bits for size hole required. 86 -2.05 Conduit (PVC) The following paragraphs shall be added to 86 -2.05: All new conduit runs shall be two -inch (53 mm), Type 3, rigid, non - metallic (PVC, Schedule 80) unless shown otherwise on the plans. The installation of this PVC shall be from box to box with no field connections from galvanized to PVC allowed. After conductors have been installed, the ends of conduit termination in pull boxes and controller cabinets shall be sealed with an Agency - approved type of sealing compound. 86 -2.06 Pull Boxes Grout in bottom of pull boxes will not be required. SP 16 OF 26 Where the sump of an existing pull box is disturbed by the Contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. All new pull boxes shall be Number 6 unless otherwise shown on plans. Pull boxes and pull box extensions shall be concrete. Number 6 pull box lids shall be provided with Fiberlyte lids and designated as "TRAFFIC SIGNAL ". No new pull boxes shall be installed in or within one foot of any curb ramp. Standard Plan Drawing ES -8, Pull Box Details, Note 4 -a.5 and b.10, shall not apply to this project. 86 -2.08 Conductors 86 -2.08E shall be replaced with the following paragraph: Traffic signal interconnect cables (SIC) shall not be spliced unless shown otherwise on the plan. The number of pairs to be provided shall be as shown on the plans. SIC shall be AWG #19 and conform to IMSA Specification 40 -2. A minimum of 3 -feet of slack shall be provided at each pull box and 6 -feet of slack at each traffic signal controller cabinet. The ends of unused SIC conductors shall be folded back and taped securely to the cable. 86 -2.09 Wiring The following paragraphs shall be added to 86 -2.09: Ungrounded traffic signal conductors shall not be spliced. The first paragraph of 86- 2.09D, "Splicing" shall be deleted and replaced with the following: Conductors shall be run continuous from terminal block to terminal block, except that signal neutral conductors and multiple lighting circuit conductors may be spliced and soldered in pull boxes. Conductors No. 8 AWG or larger shall be spliced by the use of "C" shaped compression connectors and soldering. "Method B" as shown on CSP ES- 13A shall be used to insulate splices. Heat shrink tubing shall not be allowed. 86 -2.10 Bonding and Grounding All grounding shall be according to the 2002 NEC Article 250. • 0 SP 17 OF 26 Grounding jumper shall be attached by a 3116 inch or larger brass bolt in the signal standard or controller pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pull box. Grounding jumper shall be visible after cap has been poured on foundation. 86 -2.11 Service Electrical service shall be modified Type 11, unless otherwise shown on the plans, and furnished by the Contractor. It shall be equipped with five (5) circuit breakers (50 amp main, 15 amp ISNS (illuminated street name sign), 30 -amp lighting, and 15 amp spare, and 50 -amp signal) and test blocks inside cabinet. Refer to State Standard Plans ES- 2B and City Standard 910 -L (P and R cabinets) for further details. If service equipment cabinet design deviates in any way from the details shown on the plans, details of such deviation shall be submitted to the Engineer for review before fabrication of the contract cabinet. If deemed necessary by the Engineer, one complete prototype cabinet shall be delivered to the Engineer for review at least 30 days before fabrication of the contract fixtures. The prototype cabinet will be returned to the Contractor and, if permitted by the Engineer, the cabinet may be installed in the work. It shall be the contractor's responsibility to verify the location of service to make arrangements for and to pay for all costs to provide the necessary connection for the traffic signal and lighting system. If an alternate service location is necessary due to a utility conflict or Edison requirement. The alternate location shall be approved by the Engineer. The Contractor shall contact Edison and Telephone Company within three days of receiving the Notice to Proceed. Contractor is responsible to determine and. verify the exact location of electrical service and telephone service feed points. Failure to comply shall be a basis for rejecting requests for additional working days based upon utility company delays. 86 -2.14 Testing 86 -2.14 Testing The cabinet and controller shall be fully tested at an outside Testing Laboratory to be approved by the City prior to being delivered to the job site. The testing facility shall have up to fourteen (14) days to test the controller assemblies. Approval of the selected testing facility shall be made by the City Traffic Engineer. 86 -2.146 Filed Testing The following paragraphs shall be added to 86- 2.14B: • • SP 18 OF 26 "The City of Newport Beach Public Works Department shall be notified a minimum of two working days in advance of planned connection of the modified traffic signal to the traffic signal communications system, if the modified traffic signal is to be connected to the traffic signal communications system. Upon completion of installation of new SIC (if shown on the plans), the CONTRACTOR shall perform the following tests: 1. A continuity measurement shall be performed for each conductor and the cable shield. Conductor resistance shall not be more than 10 ohms per 1000 -feet for each cable conductor and shield of the communications cable. The resistance shall be measured with an ohmmeter having minimum impedance of 1- megaohms per volt. The resistance of each pair shall be recorded and furnished to the ENGINEER. 2. An insulation resistance measurement shall be performed for each conductor and the cable shield. The insulation resistance shall be measured with all connections to the conductor or shield under test removed and all other conductors in the cable grounded. The measurement shall be made with a DC potential of not less than 360 volts and not more than 550 volts, applied for one minute. Insulation resistance of each cable conductor and the shield shall exceed 1000 meg -ohm miles. The insulation resistance of each conductor shall be recorded and shall be furnished to the ENGINEER. 3. A signal attenuation test shall be performed on each cable pair of each cable in the system. The signal attenuation shall be measured with all connections to the system in place. The attenuation test shall consist of a measurement of circuit loss of the cable pair under test when a 2200 -Hertz electrical signal at 0.0 dBm is applied to one of the pair and the signal level is measured at the end points. The CONTRACTOR shall perform the tests and document the results. 86 -2.14C Functional Testing The functional test for each lighting system shall consist of not less than fourteen (14) days after turn on at the job site. If unsatisfactory performance of the system develops, the conditions shall be corrected and the test shall be repeated until the 14 days of continuous, satisfactory operation is obtained. The fifth paragraph in 86 -2.14C shall be amended to read: During the test period, the City or its representative will maintain the system or systems. The cost of any maintenance necessary, except electrical energy and maintenance due to damage by public traffic, shall be at the Contractor's expense and will be deducted from any monies due, or to become due, the Contractor. • 0 SP 19 OF 26 The Contractor shall at his own expense, arrange to have a signal technician, qualified to work on the controller assembly and employed by the controller assembly manufacturer, present at the time the equipment is turned on. When the tests are completed, whether successful or not, the test results and the test data shall be furnished to the ENGINEER. Furnishing all materials, labor, and equipment for the testing of the SIC, recording of the data, and transmittal to the ENGINEER is considered part of the lump sum bid for "Traffic Signal Modification" and no additional costs will be allowed therefore." 86 -2.16 PAINTING All new traffic signal equipment to be installed in the Newport Center Area, including controller cabinet, and service, poles, mast arms, vehicle heads (except inside visors and faces of back plates), pedestrian heads (except screens), push buttons assemblies, and signal mounting assemblies, etc. shall be coated Valmont Frost White, No. 652 (or equal) in accordance with the following requirements: Traffic signal poles and mast arms shall be coated as detailed bellow: Galvanize: The product shall be galvanized in accordance with ASTM 123; Surface Preparation: Brush blast exterior surface to SSP7 specifications; Application Instructions: The product shall be painted prior to delivery to the job site. Apply in conformance to the manufacturer's instructions. The total application shall be 10 to 16 mils D.F.T. consisting of 5 -8 mils of epoxy primer and 5 -8 mils of gloss urethane color top coat. Touch Up: The manufacturer shall provide extra coating for field touch up due to transportation and handling. Other items to be coated shall be properly pretreated with environmentally safe, ultraviolet resistant, polyester powder coating, which shall be applied electro statically at 90 K.V. and baked for 20 minutes at 375 degrees F, per ASTM D -3359, ASTM D -3363 and ASTM D -522. Traffic signal control cabinet shall be coated as detailed in the Spec Supplemental. The service cabinet shall be coated to match the control cabinet. 86 -3 CONTROLLER ASSEMBLY 86 -3.02 Type 90 Controller Assembly The controller assembly shall be a TS 2, Type 2 Econolite ASC13 -2100 Controller, • SP 20 OF 26 complete with a data key and Ethernet port. Furnished traffic signal controllers shall be labeled "City of Newport Beach" in white enamel on the face of the controller. Additionally, the controller shall be furnished with the manufacturers serial number affixed to it. 86 -3.04 Controller Cabinets New controller cabinets shall be Econolite NEMA TS 2, Type 2 P44 cabinets or City approved equal and shall be as specified in the attached Traffic Signal Controller Cabinet Specifications. The cabinet bolt pattern shall match Caltrans STD ES -3A for a Type P Cabinet (same bolt pattern as a P38 cabinet with an exterior flange). 86 -4 TRAFFIC SIGNAL FACES AND FITTINGS 86 -4.01 Vehicle Signal Faces All vehicle indications /heads shall be furnished and replaced new, including mounting framework and hardware. All new vehicle indications shall be nominal 12 -inch diameter (300 mm), furnished with Light Emitting Diode (LED) indications, visors, and back plates. All new TV -1 -T indications shall be furnished with bronze terminal compartments. The Contractor shall furnish and install Lingo Industrial Electric Model LESV1T (or Agency- approved equal) terminal compartments as shown on plans. All new vehicle heads shall be metal. Visors and back plates shall be composite. Top openings of vehicle indications shall be sealed with neoprene gaskets. Traffic signal heads and mounting framework to be installed at the Newport Center Drive /Newport Cqnter Drive E/W intersection shall be coated as detailed in section 86- 2.16 of these Special Provisions. 86 -4.02 Light Emitting Diode Signal Module All LED vehicle indications shall be Gelcore or Dialight brand (or Agency approved equal). All heads shall be furnished new by the Contractor with the LED units installed. 86 -4.06 Pedestrian Signals All Pedestrian indications /assemblies shall be furnished and replaced new, including mounting hardware. • 0 SP 21 OF 26 All pedestrian indications shall be new Gelcore or Dialight brand (or Agency approved equal) Type A (LED) metal housings, stainless steel hardware, and shall be furnished with bronze terminal compartments. Pedestrian signals and mounting framework to be installed at the Newport Center Drive /Newport Center Drive E/W intersection shall be coated as detailed in section 86- 2.16 of these Special Provisions. 86 -5 DETECTORS 86 -5.01 Vehicle Detectors Loop wire shall be Type 2. Loop detector lead -in cable shall be Type B. Loop sealant shall be Hot -Melt Rubberized Asphalt Sealant. The number of sensor units and lead -in cables required to achieve the specified detection shall be installed. Traffic signal loop detectors shall be installed per Caltrans Standard Plans ES -5A and ES -513 and shall be Type E spaced ten feet apart, and shall extend one foot into the crosswalk. All installed loop detectors shall be completely functional to the satisfaction of the Engineer prior to the turn -on of the modified traffic signal. 86 -5.02 Pedestrian Push Button Assemblies All Pedestrian and bicycle push buttons /assemblies shall be furnished and replaced new, including mounting hardware. Pedestrian push button signs, for push button assemblies to be installed on pedestrian push button posts shall be 5" x 7 -1/2 ". All other pedestrian push button signs shall be 9" x 12" and shall not extend beyond the mounting framework. Installation of push button assemblies for bicycle use shall be in accordance with City Standard Plans STD -913 -L and STD -914 -L and shall be 5" x 7 -112 ". Pedestrian push button assemblies shall comply with ADA requirements (Federal Register /Vol. 59, No. 117, Section 14.2.5). l...r' 86 -6 LIGHTING 86 -6.01 High Pressure Sodium Luminaires • SP 22 OF 26 Luminaires shall be the full -cutoff type. Glare shields are not required. Each luminaire shall be die -cast aluminum, (86- 6.07A) with integral regulator ballast and Type IV photoelectric control for use in multiple 120V circuit. The optical assembly shall provide true 90- degree cutoff and shielding (without external glare shield) and shall consist of a glass or glass- coated gasket reflector; a heat and impact resistant flat glass lens; and porcelain - enclosed mogul multiple screw shell socket with lamp grips. The optical assembly shall contain activated charcoal filter, which prevents particulate and gaseous contamination. All luminaires shall be General Electric M -250A2 series 250W OR 200W (see plans) HPS with light distribution M -C -3, approved equal, or as shown on the approved plans. 86 -6.01A High Pressure Sodium Lamp Ballasts The twelfth paragraph in Section 86- 6.01A, "High Pressure Sodium Lamp Ballasts ", of the Standard Specifications is amended to read: "Ballasts for luminaires to be mounted on mast arms, brackets, or lowering assemblies shall be the regulator type and shall be located within the luminaire housing. The ballast for each horizontally mounted luminaire shall consist of components mounted on a down- opening door. The door shall be hinged and secured to the luminaire housing separately from the refractor or flat lens frame. The door shall be easily removable and replaceable. The door shall be secured to the housing in a manner to prevent its accidental opening when the refractor or flat -lens frame is opened." Regulator Type Ballasts, of the Standard Specification is amended to read: "Regulator -type ballasts shall be lag -type or lead -type and shall conform to the following: 86- 6.01A(1)a Lag -Type Regulator Ballasts Each lag -type regulator ballasts shag have the primary and secondary windings electrically isolated and, when operated with the appropriate lamp shall have the following characteristics and shall maintain the following lamp operations: 1. The power factor shall be not less than 90 percent throughout the life of the lamp at nominal line voltage with the nominally rated reference lamp. • SP 23 OF 26 2. Lamp wattage regulation spread at any lamp voltage from nominal through life shall not vary by more than 18 percent, 10 percent input voltage variation. 3. For nominal input voltage and lamp voltage, the ballasts design center shall not vary more than 7 -112 percent from rated lamp watts. 4. The ballasts shall be designed so that a capacitance variance of 6 percent will not cause more than a 8 percent variation in lamp wattage regulation throughout rated lamp life for nominal input voltage. 5. The lamp current crest factor shall not exceed 1.8 for input voltage variation of 10 percent at any lamp voltage from initial thorough life. 86- 6.01A(1)b Lead Type Regulator Ballasts Each lead type regulator ballast (CWA- constant wattage autoregulator) shall, when operated with the appropriate lamp, have the following characteristics and shall maintain the following lamp operation: 1. The power factor shall be not less than 90 percent when the ballast is operated at nominal line voltage with a nominally -rated reference lamp. 2. Lamp wattage regulation spread at any lamp voltage from nominal through life shall not vary by more than 30 percent for 10 percent input voltage variation. 3. For nominal input voltage and lamp voltage, the ballast design center shall not vary by more than 7 -112 percent from rated lamp watts. 4. The ballast shall be designed so that a capacitance variation of 6 percent will not cause more than an 8 percent variation in lamp wattage regulation throughout rated lamp life for nominal input voltage. 5. The lamp current crest factor shall not exceed 1.8 for input voltage variation of 10 percent at any lamp voltage from initial through life." 86 -6.065 Internally Illuminated Street Name Signs All street name signs shall be furnished and replaced new, including mounting brackets and hardware. Internally illuminated street name signs shall conform to Section 86 -6.065 of the State Standard Specifications. Type A signs with Type IV photoelectric controls shall be 0 • SP 24 OF 26 installed where shown on the plans. The contractor shall provide shop drawings of all of the required sign legends for review by the Engineer. Sign legends shall be white on a green background. 86 -6.07 Photoelectric Controls Type IV photoelectric (shorting caps) controls shall be provided on each luminaire 86 -7 REMOVING, REINSTALLING OR SALVAGING ELECTRICAL EQUIPMENT All abandoned /salvaged material and equipment shall become property of the Contractor, except as detailed in these special provisions, the plans, or as requested by the City. Salvaged materials /equipment shall be delivered to Traffic Engineering (George Bernard, Telephone 949.644.3348). Traffic Engineering shall be notified a minimum of two working days prior to delivery of salvaged equipment. Items to be salvaged and delivered to the City may include but are not limited to the following: • Opticom detectors and phase selectors and • All cabinet plugables. NOTE: The existing traffic signal controller cabinet (minus plugables and controller) from Campus Dr /Dove St shall be salvaged to Republic Electric at 1266 N. La Loma Circle, Anaheim, CA 92806. Existing equipment removed and not reused shall become the property of the Contractor and shall be removed from the site by the Contractor. The Contractor shall provide all labor, equipment, and materials necessary to remove, salvage, transport, and dispose of equipment not reused. All labor, materials, equipment and other incidental items and expenses to remove, salvage, deliver, stack or dispose of salvaged traffic signal equipment and materials shall be provided by the Contractor and shall be considered to be included within the lump sum bid price for "Traffic Signal Modification" and no additional compensation shall be allowed therefore. OPTICOM PRIORITY CONTROL SYSTEM Emergency Vehicle Pre -empt (EVP) systems are to be furnished new and installed by the Contractor per the plans. The Contractor shall arrange for a representative of the manufacturer to test the operation of the systems after installation. M • SP25OF26 On new cabinet installations, the Model 752 phase selection units shall be installed in the vehicle detection rack by the cabinet manufacturer. For modifications of existing cabinets, the phase selection units shall be installed in a new Model 760 rack or if vehicle detector rack is not available /full. The EVP system shall consist of the following components: • 3M Model 752, phase selection units; • 3M Model 760 rack (as required); • 3M Model 722 Optical Detector units; and • 3M Model 138 Optical Detector Cable. If non -3M Company Equipment is proposed, the equipment shall be capable of logging up to 100 events, including user classification, vehicle identification number from among up to 20,000 vehicles, time of priority, elapsed time in priority phase, direction of priority phase, and total duration of priority. The equipment shall be fully compatible and interchangeable with 3M hardware indicated above. The event log shall be retrievable using PC software and hardware intended for use with 3M Model 722 Optical detector units. Equipment shall be tested by a representative of the manufacturer at the date of signal turn on. BATTERY CABINET Where BBS system is to be installed on a "P" or 332 cabinets, a separate battery cabinet shall be furnished and installed to house the batteries. The battery cabinet shall be PIN FCU103980 or approved equal, made of Aluminum alloy, and of a size and details as shown on EXHIBIT D. The battery cabinets for Type 90 controller cabinets shall be finished in white to match the signal cabinet. The battery cabinet shall be mounted to the side of the signal cabinet at a minimum height of 30" above the foundations. BATTERY BACKUP SYSTEM The Contractor shall furnish and install a 24 volt Dimensions Battery Backup System (BBS) for use with a Nema system (shelf- mount) or for use with a 170/2070 system (19" rack - mount) as detailed on plans and Exhibit A. The Contractor shall furnish new and install all necessary cables, wiring harness, and all other equipment and incidentals, including batteries, to connect the UPS to the traffic signal controller cabinet wiring harness to provide the intended operation. The Dimension BBS shall consist of but not be limited to: • Inverter /Charger (with RS232 port): 24J11 (NEMA) or 24Y11 (170/2070) • Combined Manual Bypass Switch — 511016 • 12 VDC, 79 AH Group 24 AGM batteries (four per system) — 390003 • • SP 26 OF 26 • All necessary hardware and interconnect wiring The BBS shall be installed per the manufacturer's guidelines. The Contractor shall at his own expense, arrange to have a technician, qualified to work on the BBS assembly and employed by the BBS assembly manufacturer, or his representative, present at the time the equipment is turned on. The Engineer shall be notified at least two working days prior to the beginning of the functional test period. F:1UserslPBW\Shared\Contracts\FY 07-08107 -08 Traffic Signal Upgrades C- 39321SPECS C- 3932.doc • 0 a� City of Newport Beach Traffic Sianal Contract 2007 -2008 Battery Backup Locations ,.oR�`' Location Type Cabinet Color Sae 1 MacArthur Blvd. at Birch Street Type P White 24x27x9 2 Bonita Canyon Drive at Prairie Road Type P White 24x27x9 3 Bonita Canyon Drive at Mesa View Drive Type P White 24x27x9 4 Newport Coast Drive at Ridge Park Road Type P White 24x27x9 5 Newport Coast Drive at Pacific Pines Drive/Vista Ridge Road Type P White 24x27x9 Type P cabinet - shelf mount inverter f/ usersl pbw / shared/traffic /batterybackuptable2007 -08 Exhibit ,rA" s • P/N FCU103980 I PRO14T VIEW OPEN DOOR SECTION A -A TOP VIEW A - -- jUl Ate' FRONT VIEW MAT.RIA — ALUMINUM ALLOY ,125 THICK 5052 —H32, SURFACE SHALL HAVE A NATURAL ALUMINUM MILL FINISH. PAINT — OPTIONAL DOORS &_JOCKS — DOORS ARE NEMA 3R CONSTRUCTION WITH NEOPRENE GASKET, RAIN TIGHT CONTINUOUS HINGE .075 THK. ALUM. WITH STAINLESS STEEL PIN, SECUREO'BY 1/4 -20 SS CARRIAGE BOLTS, STANDARD EQUIPMENT INCLUDES A 3 POINT LOCKING SYSTEMS WHICH SECURES 7o DOOR AT TOP, BOTTOM,ANO CENTER WITH A #2 CORBIN LOCK, DOOR RODS 1/4" X 3/4" ALUM. BAR W/ 1" NYLON ROLLERS, MAIN DOOR HANDLE STEEL, BRUSH ZINC PLATED. $HFI VFG — ONE REMOVABLE FULL WIDTH SHELVES ARE FURNISHED WITH EACH CABINET, SHELF IS 6.25" DEEP. VENTILATION — A VENT PATTERN 15 PROVIDED ON THE UNDERSIDE OF THE COVER OVERHANG, LOWER SLOTS ARE FORMED IN THE LOWER PART OF THE MAIN DOOR, THIS CREATES A NATURAL MOVEMENT OF AIR AND HAS A COOLING AFFECT ON ELECTRICAL EQUIPMENTS. AND IF SPECIFICATIONS CALL FOR EXHAUST FAN, PROVISIONS ARE MADE TO ACCOMODATE THE FAN, THE INTAKE AND THE EXHAUST IS RAIN TIGHT AND WILL NOT DRAIN WATER INTO CABINET, � &00 RIGHT SIRE O(P EXHIBIT- °!6•" 0 0 SPECIAL PROVISIONS SUPPLEMENTAL City of Newport Beach Standards for Traffic Signal Cabinet Specifications March 18, 2008 0 11 CONTROLLER CABINET ASSEMBLIES – City of Newport Beach March 18, 2008 Controller Assembly Testing. — Solid- state traffic actuated controller units, cabinets and auxiliary equipment shall conform to the provisions in Section 86 -3 "Controller Assemblies" of the CALTRANS Specifications, these Special Provisions and NEMA TS -2 standards. Cabinet Construction. The following items are included in the cabinet assembly: For 16 position main panel Type "P" aluminum cabinet painted white inside and out. 1- Fully wired eight phase NEMA Type 2 main panel –Horizontal hardwired swing download bay. 1- Type 16 Malfunction Management Units (programmed for intersection) EDI MMU 1- 16- channel detector rack w/ BTU slot (minimum) 8- 2- channel Detectors (minimum) or (16 channel max.) 1- Bus Interface Units – detector rack only 12/16- Load switches All auxiliary equipment to completely operate an eight -phase traffic intersection control cabinet. SPECIFICATIONS AND STANDARDS FOR THE CABINET ASSEMBLY National Electrical Manufacturers Association, Traffic Control Systems, NEMA Standards Publication: TS2- Latest release. DOCUMENTATION The City reserves the right to reject traffic signal control equipment and auxiliary equipment items in which the manufacturer of such items does not have at least nine million dollars of product liability insurance. WARRANTYSTATEMENT Terms of Warranty: Warranty Coverage The supplier of equipment shall warranty their product to be free from defect in design and operation and that it meets all the requirements of this specification and those incorporated in this document. Length of Warranty The term of the warranty on a wired cabinet shall be a minimum of one (1) year from date of shipment including the Bus Interface Units and Cabinet Power Supply. Equipment such as the Controller and Malfunction Management Unit shall have a minimum of a two -year warranty. CABINET STANDARDS CABINET CONSTRUCTION A complete NEMA TS2 Type 2 Plug N Go in a Type "P" or Type "O" aluminum cabinet as indicated on the plans shall be supplied. Cabinets shall meet, as a minimum, all applicable sections of the NEMA Standard Publication. Where differences occur, this specification shall govern. The cabinets shall meet the following criteria: ❑ Material shall be 5052 -H32 0.125 -Inch thick aluminum. U The cabinet shall be supplied painted aluminum .With white powder coat paint inside and out Federal color #17875 ❑ The door hinge shall be of the continuous type with a stainless steel hinge pin. ❑ The door handle shall be cast aluminum. With theprovisions for padlock installation. iJ All seams shall be sealed with RTV sealant or equivalent material on the interior of the cabinet. All out side seams shall are to be continuous welded. 7 Cabinet lock shall be of the Corbin #1548 -1( #2 Key). ❑ A roll out computer table shall be mounted under the Controller location on the First shelf. Each cabinet shall have 4 sets of cabinet wiring diagrams. Each cabinet shall have 2 sets of equipment manuals (Controller, MMU, etc.). SHELVES Two (2) substantial metal shelves extending across the back of the cabinet the cabinet shall be provided to support the controller unit, auxiliary equipment and detector rack. The lower shelf shall be easily removable without tools. Four "C" mounting Channels shall be installed on both side walls and two rear wall allowing versatile positioning of shelves and side panels. CABINET WIRING EQUIPMENT ACCESSIBILITY All mounted panels and equipment shall have a minimum tool access clearance of 6 ". VENTILATING FAN The cabinet shall be provided with a thermostatically controlled adjustable between 80- 150(degrees Fahrenheit) ventilation fan and shall be installed in the top of the cabinet plenum. And protected by a .5 amp fuse. AUR FILTER ASSEMBLY The cabinet Air Filter shall be a one -piece removable, medium efficiency, synthetic (Econolite part number 57389PI 1) air filter and shall be firmly secured to the air entrance of the cabinet. To provide for a positive air flow through the cabinet. (12' x 16 ") minimum. CABINET LIGHT ASSEMBLY The cabinet shall be equipped with a florescent lighting fixture that shall be mounted on the inside top of the cabinet near the front edge. The florescent light shall be activated by an on/off switch that is turned on when the cabinet door is opened and turned off when the door is closed. Also the cabinet shall have an adjustable gooseneck lamp mounted on the inside of the cabinet door below and to left of the Aux Switch Panel. LIGHTENING SUPPRESSION The cabinet shall be equipped with an EDCO model SHP- 300 -10 surge arrester. 0 • POWER PANEL The Power Panel shall house the following equipment: 7) A 40 -amp main breaker shall be supplied. This breaker shall supply power to the main panel, controller, MMU and cabinet power supply. J A 20 -amp auxiliary breaker shall supply power to the fan, light and GFCI outlet. 0 An EDCO model SHP- 300 -10 or equivalent surge arrester. ❑ A 50 amp, 125 VAC radio interference line filter. ❑ A normally -open, 60 -amp, mercury contractor 0 A spare 15 amp, auxiliary breaker shall be provided. CONVENIENCE OUTLET Three Duplex outlets shall be supplied. 1) Is for short term equipment use and shall be a 120 volt AC, 15 Amp NEMA 5 -15 GFCI 2- gang duplex outlet shall be mounted in the lower right comer of the cabinet facing the inside of the cabinet door and within 6" of the front edge of the opening of the door. 2) Is for long term equipment use and shall be a 120 volt AC, 15 Amp NEMA 2- gang duplex outlet shall be mounted in the upper right coroner and upper left corner of the cabinet facing the inside of the cabinet. Power shall be supplied from unswitched filtered power. INSIDE AUX CONTROL PANEL SWITCHES The inside door panel shall contain three (3) switches: AUTO/FLASH, STOP TIME and CONTROLLER POWER ON /OFF. Auxiliary door panel switches shall be hard wired only. ( No printed circuit boards shall be used for the door panel switches.) Controller panel shall also contain plunger style vehicle and pedestrian test switches for all phases in use (typically phase 1 to 8 & peds). 2- POSMON AUTO/FLASH - SWITCH. ht the Auto position the intersection shall operate normally. When in the Flash position, power shall be maintained to the controller and the intersection shall be placed in flash. The controller shall not be stop timed when in flash. A guard (sk3036) shall be installed to prevent the switch from being shut off accidentally. 3- POSITION AUTO /OFF /ON STOP TIME - SWITCH. When in the Auto position the controller shall be stop timed when the police door AUTO/FLASH switch is in the flash position or MMU flash. If in the off position the switch will release all stop time from controller. In the On position the switch shall maintain a continuous stop time to the controller. 2 Position CONTROLLER POWER ON /OFF — Switch This switch shall control the controller's AC power. A guard (sk3036) shall be installed to prevent the switch from being shut off accidentally. POLICE PANEL SWITCHES The Police Panel shall contain two (2) switches: The SIGNALS ON /OFF and AUTO/FLASH. All police panel switches shall be hard wired. A switch guard shall be provided for each switch. The police panel shall have a small drain hole provided along the front exterior edge. 0 2 POSITION - SIGNALS ON /OFF SWITCH. In the On position the field displays shall show either normal operation or flash. In the Off position, power shall be removed from signal heads in the intersection. The controller shall continue to operate. In the OFF position, the NUM shall not conflict or require reset. 2 POSITION - AUTO/FLASH SWITCH. In the Auto position the intersection shall operate normally based on all other switches. In the Flash position, power shall not be removed from the controller and stop time shall be applied based on the STOP TIME switch. CABLES All Controller and MMU cables shall be of sufficient length to access any shelf position. All cables shall be encased in a protective sleeve along their entire free length. All cables shall be fixed to the bottom front of each shelf. Cables shall be neatly dressed and not hang down in front of other equipment. COLOR CODING All cabinet wiring shall be color coded as follows: Purple = Flash color programming Brown = Green Signal Wiring Yellow = Yellow signal wiring Red = Red signal wiring Blue = Controller wiring Gray = DC ground(retum),(logic ground) Black = AC+ White = AC- Green = Chassis MAIN -PANEL AND WIRE TERMINATIONS All wires terminated behind the main -panel and other panels shall be soldered. No pressure or solderless connectors shall be used. Printed circuit boards shall Not be used on main panels. FLASHING OPERATION Cabinet shall be wired for NEMA flash. All cabinets shall be wired to flash red for all phases. Flashing display shall alternate between phases 1,4,5,8 and phases 2,3,6,7. DETECTOR RACK& INTERFACE A minimum of one vehicle loop detector rack and one detector interface panel shall be provided in each cabinet. Each rack shall support up to (16) sixteen channels of loop detection, two 2- channel of EVP devices, and one (1) BIU. A separate ground buss assembly shall be provided next to the detector interface panel for loop cable chassis ground. The cabinet shall be completely wired for Rail Road or EVP preemption as needed if specified on the plans. MAIN PANEL CONFIGURATION The main panel shall be fully wired in the following configuration: 0 0 E The Main -Panel shall be a hardwired horizontal swing down sixteen position load socket load bay or as called for on the plan sheet, for a "P" cabinet. i Four or Six flash transfer relay sockets as required. One flasher socket. F. Wiring for one Type -16 MMU. All connector cables shall be dressed neatly along the front edge of the cabinet shelf the equipment (controller & MMU) will be installed on. NO cables shall hang freely in the cabinet. FIELD TERMINAL LOCATIONS Field terminals shall be located at the bottom of the main panel and angled forward for easy viewing and wiring. Their order shall be left to right beginning with phase one and following the order of the load switches. Field terminals shall be of the barrier type. CABINET EQUIPMENT CONTROLLER UNIT Shall be an ASC /3 -2100 Controller provided with NTC1P level 2 protocol, ECPIP & AB3418 basic with Ethernet communications module and data key. DETECTORS Cabinets shall be equipped with eight (8) TS2 detectors in single detector rack cabinet and sixteen (16) in a two (2) detector rack configuration. Reno A & E detectors shall be provided. MMU (malfunction management unit) Cabinets shall be equipped with NEMA TS2 Type 16 Malfunction Management Unit with latest current released software. MMU jumper cards shall be programmed to each intersections requirements or standard 8 phase configuration for spare units. BIU (Bus interface unit) BIU's shall meet all TS2 -1992 section 8 requirements. In addition all BIU's shall provide 3 separate front panel indicators. Power, Valid Data and Transmit. CABINET POWER SUPPLY The cabinet power supply shall meet the NEMA TS2 specification. All power supplies shall also provide a separate front panel indicator LED for each of the four power outputs. Front panel banana jack test points for 24 VDC and logic ground shall also be provided. TELEMETRY INTERFACE PANEL All cabinets shall be wired with a telemetry interface panel and telemetry connecting cable so as to work with the ICONS (i2tms) central control system. The interface panel shall also contain wiring for door open and flash alarms. POWER BUS ASSEMBLY The power bus assembly shall provide filtered power for the controller, MMU, cabinet power supply and all auxiliary equipment. It shall include the SDLC Bus connecting cables wired into a surface mounted compression terminal block. It shall also include up to 6 filtered power connectors and 2 terminal strips to hardwire the power connections. INTERCONNECT TERMINATION -All cabinets shall be supply with interconnect termination blocks, Siemon model # S66M1 -50 and sub -base i ! surface mounted compression terminal block. It shall also include up to 6 filtered power connectors and 2 terminal strips to hardwire the power connections. -All cabinets shall be supply with interconnect termination blocks, Siemon model # S66M1 -50 and sub -base LOAD SWITCH All load switches shall meet NEMA TS -2, Section 6 requirements and shall be EDI model 510 or City Approved Equal. All load sockets shall be equipped with a load switch. The type of load switches provided shall be Reno LLS -200 or PDC SSS- 87 -I0. FLASHER UNIT All flasher units shall meet NEMA TS -2, Section 6 requirements and shall be EDI model 810 or equivalent. INTERSECTION DIAGRAM An intersection diagram, shall be made on 81/2" X 11" sheet of paper enclosed in plastic cover, it shall be located on the inner side of the door above the auxiliary panel. The diagram shall depict the general intersection layout, controller location, traffic signal conduit crossings, phases, overlaps, detector assignments, and north arrow. The top of the diagram will be North and the diagram shall be approved by the City representative. CABINET WIRING PRINTS The cabinet wiring prints shall be arranged in a simplistic way in terns of reading prints on three pages. TESTING FACILITY The testing facility shall have up to fourteen days to test the controller assembly. Cabinet loaded shall be tested under full load for 14 days straight without any problems. The testing facility shall be made by the City Engineer. EQUIPMENT TURN ON REQUIREMENTS An Econolite representative and a signal technician from the city shall be present at the time of the controller assembly turn on. The representative shall be fully qualified to work on the controller assembly equipment. The City shall be notified at least 7 working days prior to intersection turn -on. 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT ru �,vy I.iJ Agenda Item No. 19 June 10, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Brad Sommers 949 -644 -3326 or bsommers @city.newport- beach.ca.us SUBJECT: Fiscal Year 2007 -2008 Traffic Signal Rehabilitation Project— Award of Contract No. 3932 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 3932 to Pouk & Steinle, Inc., for the Total Bid Price, including Additive Bid Item -1, of $326,940, and authorize the Mayor and the City Clerk to execute the contract. • 3. Establish an amount of $33,000 to cover the cost of unforeseen work. Discussion: At 10:00 a.m. on May 14, 2008 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Pouk & Steinle, Inc. $309,940.00 2 Macadee Electrical Co. $311,359.00 3 Christopher R. Morales, Inc. $347,550.00 4 CT &F, Inc. $349,652.00 5 Republic ITS $358,300.00 6 PTM General Engineering Services $362,450.00 7 Temo, Inc. $371,646.00 8 Moore Electrical Contracting, Inc. $374,895.00 9 Steiny and Company, Inc. $395,551.00 10 CSI Electrical Contractors $429,900.00 11 KDC, Inc. dba Dynalectric $431,777.06 * Corrected Bid Amount is $349,670 The low bid amount is 17 percent below the Engineer's Estimate of $374,700.00. The low bidder, Pouk & Steinle, Inc., possesses a California State Contractors License • Classification C -10 as required by the project specifications. A check of the Contractors i Fiscal Year 2007 -2008 Traffic Signal Rehabilitation Project — Award of Contract No. 3932 June 10, 2008 Page: 2 references indicates they have satisfactorily completed similar projects for other • municipalities. The Fiscal Year 2007 -2008 Traffic Signal Rehabilitation project consists of the following components: 1. Renovation of the existing intersection traffic signals at the Campus Drive / Dove Street, Birch Street / Von Karman Avenue, Hospital Road / Placentia Avenue, and Newport Center Drive / Newport Center Drive East / West. The work will consist of replacement of aging equipment and wiring to maintain the existing traffic signal operation. The installed equipment will be compliant with the City's future traffic signal system. 2. Installation of Battery Backup Systems (BBS) at five existing traffic signal locations. Due to favorable bid pricing currently, the BBS item was added to the bid proposal as an Additive Bid Item (ABI -1). Pouk & Steinle, Inc., has proposed a price of $17,000 for ABI -1. As the total cost of the project, including the ABI -1 is below the current amount budgeted for the project, staff recommends accepting the ABI -1 bid and including the work in the awarded contract. Pursuant to the Contract Specifications, the Contractor will have 100 consecutive • working days to complete the work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Geotechnical and Material Testing Services: Geotechnical and Material Testing Services are not required for this contract. Funding Availability: There are sufficient funds available in the following accounts for the project: Account Description Account Number Amount Measure M Turnback 7281- C5200068 $ 240,000 Transportation and Circulation Fund 7261- C5200068 $ 119,940 Total: $ 359,940 • • • Proposed uses are as follows: Vendor Pouk & Steinle, Inc. Pouk & Steinle, Inc. Pouk & Steinle, Inc. Prepared by: ommers, PE Senior Civil Engineer Fiscal Year 22008 Traft Signal Rehab lotion Project — Award of Contract No. 3932 June 10, 2008 Page: 3 Purpose Amount Construction Contract $ 309,940 Additive Bid Item -1 $ 17,000 Construction Contingency $ 33,000 Total: $ 359,940 Submitted by: =410 Badum P ks Director