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HomeMy WebLinkAboutC-4605 - FY20 10-2011 Streetlight Improvement ProjectApril 11, 2013 Mr. Vincent P. Mauch Steiny and Company, Inc. 12907 East Garvey Avenue Baldwin Park, CA 91706 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Subject: FY 2010-2011 Streetlight Improvement Project C-4605 Dear Mr. Mauch: On April 10, 2012, 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 18, 2012. Reference No. 201200019830. The Surety Insurance Company of America and the bond number is Faithful Performance Bond. Sincerely, 09k Leilani I. Brown, MMC City Clerk Enclosure County Recorder on April for the contract is Safeco 24040553. Enclosed is the 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 9 www.newportbeachca.gov Executed in Duplicate Premium $4,013.06 Premium is for Contract Term and City of Newport Beach Subject to Adjustment Based on Final Contract Price FY 2010-2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 BOND NO. 24040553 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,013.00 being at the rate of $ $7.00/m first $500,000.; $6.00/m * thousand of the Contract price. * next $2,000,000. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Steiny and Company, Inc., hereinafter designated as the "Principal", a contract for construction of FY 2010-2011 STREETLIGHT IMPROVEMENT PROJECT, Contract No. 4605 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4605 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Safeco Insurance Company of America , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Eighty -Five Thousand, Five Hundred Ten and 75/100 Dollars ($585,510.75) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 29 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 24th day of June , 2011. Steiny and Company, Inc. (Principal) Safeco Insurance Company of America Name of Surety 330 No. Brand Blvd. #500 Glendale, CA 91203 Address of Surety (818)956-4338 Telephone Authorized Signature/Ti Vincent P. Mauch, CFO ized -6nt Signature Jeri Apodaca, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT WNW 114?sea ssscsaassown saaamaaaasssaaaasssasasssasawe owes aaasasassaaasasaasssssasse State of California County of Orange }ss. On _June 24, 2011 _ before me, Rhonda C. Abel Notary Public, personally appeared Jeri Apodaca ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herAheir authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W17NESS my hand and official seal. r � Signature .- RHONDA C. ABEL � U COMM. # 1868284 •• NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY 0 ,F p COMM. EXPIRES OCT. 16 2013 (seal) a mamas mom MOONS" ■064sa■■■■■■■■■■■■■■■■u■■Ong nom ■■ amp ■■■■■�■a��F■■a•■■■■■■■■■u� OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification __. Credible Witness(es) Capacity of Signer.- Trustee igner:Trustee _XX Power of Attorney _ CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information. 31 Thumbprint of Signer F] Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT Saaaar®ir among owe s&&&& wwwwwwsas& I eEa weana`* it wwwww 'wee omawwwo a irir Ffrcal wa'sr sa Ef State of California County of L cE2 Ar j )SS. On2Z 7oi a before me, A -l. _S Notary Public, personally appearednl ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A Signature KATHY M. EDWARM Commission # 1808321 Notary Public - California z Los Angeles County My Comm. Expires Aug 3, 2012 (seal) ■fRange awaken rrrrtrrrrraraarrNrrrrrrrrrlarrarrrarErrrrrtrrrrlarrrrrirrrrrrrraal Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION Ili/ -j Thumbprint of Signer 2 - Ali) /Uv Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer _ Trustee _ Powero-Attorney �D CEO(CtQ,1CO0 Presi ent / Vice -President / Secretary / Treasurer Other: Other Information. 32 Check here if no thumbprint or fingerprint is available. U ;EW May 23, 2012 Mr. Vincent P. Mauch Steiny and Company, Inc. 12907 East Garvey Avenue Baldwin Park, CA 91706 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Subject: FY 2010-2011 Streetlight Improvement Project- C-4605 Dear Mr. Mauch: On April 10, 2012, 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 April 18, 2012, Reference No. 2012000219830. The Surety for the bond is Safeco Insurance Company of America and the bond number is 24040553. Enclosed is the Labor & Materials Payment Bond. Sincerely, QL- , �e� 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 Executed in Duplicate Premium is Included in Performance Bond Citv of Newport Beach FY 2010-2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 BOND NO. 24040553 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Steiny and Company, Inc., hereinafter designated as the "Principal," a contract for construction of FY 2010-2011 STREETLIGHT IMPROVEMENT PROJECT, Contract No. 4605 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. 4605 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, Safeco Insurance Company of America duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Five Hundred Eighty -Five Thousand, Five Hundred Ten and 751100 Dollars ($585,510.75) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 24th day of June '2011. Steiny and Company, Inc. (Principal) Safeco Insurance Company of America Name of Surety 330 No. Brand Blvd., #500, Glendale, CA 91203 Address of Surety (818)956-4338 Telephone Authorized Signature/Title Vincent P. Mauch, CFO uAd Ag nt Signature Jeri Apodaca, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT saasarreaseareaeaeaaeeraaaaserrraareeaaraarraaesasrarraaaeer:aaaarreaaueerrae;� State of California County of Orange I ss. On June 24, 2011 before me, Rhonda C. Abel Notary Public, personally appeared Jeri Apodaca ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature RHONDA C. ABEL 0 COMM. # 1868284 • NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY n a COMM. EXPIRES OCT. 16 2013 (seal) a a a a a a a a a a a a a a a a a a a• a a a a a a a a a a a a a a a a a a a 0 a a a a r a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 1 24 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee X Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 35 Thumbprint of Signer ❑ Check Here if no thumbprint or fingerprint is available ACKNOWLEDGMENT asomaaamsamaasaaa*aaason aamass asasamman Sam saeaawn anaamoms awe *woman aaaae*we aaaaa State of California County of � _ )SS' On c 2t7, 201/ before me, S Notary Public, personally appeared irinJC-nI7-P_,_. _C�[ ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.KATHY M. EDWARDS Commission # 1808321 1� Notary Public - California zz Los Angeles County My Comm. Expires Aug 3, 2012 Signature \ (L J (seal) •■■■a■■ema■■s■aaa■■■er■■aam■■■■■arar■o■■a■■as■■■■ar a ea■■a■■■■■a■aa■asas■■s■a■t Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 2, A_� Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer Trustee Power o ttorney \O CEO CPO COO President / Vice -President / Secretary / Treasurer Other: Other Information: 36 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. HIS POWER OF ATTORNEY IS NOT V. INLESS IT IS PRINTED ON RED BACKG D. 4645826 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. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint RHONDA C. ABEL, JERI APODACA, NANETTE MYERS, MICHAEL D. PARIZINO, JAMES A. SCHALLER, RACHELLE RHEAULT, ALL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA.......................................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................................................................. , 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, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIVE HUNDRED MILLION AND 00/100*************************** DOLLARS ($ 500,000,000.00**************************** ) 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 By-law and Authorization: ARTICLE IV - Officers: Section 12. Power of Attorney. Any officer or other official of the Corporation 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 Corporation to make, C execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in- fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. Y to c4) By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: 'a Pursuant to Article IV, Section 12 of the By-laws, David M. Carey, Assistant Secretary of Safeco Insurance Company of America, is authorized to valt appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety av any and all undertakings, bonds, recognizances and other surety obligations. 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 � IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of "y Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 15th dayof June O ` 2011 SAFECO INSURANCE COMPANY OF AMERICA Y O Ow > a r ti �s5 By tm David M. Carey, A Stant Secretary COMMONWEALTH OF PENNSYLVANIA ss +` COUNTY OF MONTGOMERY O E w On this 15th day of June 2011 before me, a Notary Public, personally came David M. Carey, to me known, and O acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he Cexecuted the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the 0 direction of said corporation. L IN TESTIMONY WHEREO , - ave'' subscribed my name and affixed my notarial seal at Plymouth Me tin ,Pennsylvania, on the day and year v first above written. � o�tW � d� haobar.ai Seat Ct t'ernsa i'nate la, Hata: Fueli^. Pymauth TvJ;�., Fhontgorntry County B - OF My Corn Fission Expires Mar, 28: &3S3 Tere y - a Pastella, Notary Public CERTIFICATE krember: Pe=v+syi yniaAssaia:onot dotari2s A'SYL t"� ci I, the undersigned, Vice Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct cop , orce 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 Officer specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. 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 Safeco Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. 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 TESTIMONY WHE1REOF, I have hereunto subscribed my name affixed the corporate seal of the said company, this day of iss Gregory W. Davenport, Vice President "uS:rAi i`•Ft �W�LRecordedy ,in Official Records, Orange County TmDalClerk-RecorderRECORDING REQUESTED BQINO FEE WHEN RECORDED RET T�: II $IRI��� 1�� II7IIII III 11111$ II ' j 012000219830 9:52 am 04/18112 City Clerk 47 412 N12 1 City of Newport Beach OFFICE OF 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 OTY 3300 Newport Boulevar THE CIT`t O� ERK, p OF t �:.' ORT BEAC ! Newport Beach, CA 92663 "Exempt from recording fees r1 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 Steiny and Company, Inc. of Baldwin Park, CA, as Contractor, entered into a Contract on June 14, 2011. Said Contract set forth certain improvements, as follows: FY2010-2011 Streetlight Improvement Project - C-4605 Work on said Contract was completed, and was found to be acceptable on April 10, 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. C VERIFICATION Works Director Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ( at Newport Beach, California. BY CI �EWp4C) CITY OF 4 NEWPORT REACH �oRN'P City Council Staff Report EY TN'E WV COUNCI CrrY OF HEIMPOPT BEACH APR 10 21112 Agenda Item No. 6 April 10, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov PREPARED BY: Peter Tauscher, Junior Civil Engineer APPROVED: D. FY2010-2011 Streetlight Improvement Project — Completion and TITLE: Acceptance of Contract No. 4605 ABSTRACT: On June 14, 2011, City Council awarded Contract No. 4605 to Steiny and Company, Inc. (Steiny), for an amount of $585,510.75, and established a 10 percent contingency allowance. Work is now complete and staff requests City Council to accept and close out the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Increase the contingency amount by $7,201.84, approximately 1.4 percent. 3. Authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one year after Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following account: Account Description Account Number Amount General Fund 7013-C2202002 $ 652,201.84 $ 652,201.84 FY -011 Streetlight Improvement Project - Completion and Acceptance of Contract No. 4605 April 10, 2012 Page 3 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302 (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: This agenda item has been noticed according to the Brown Act. In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. Submitted by: Stephen G. Badum Public Works Director Attachment: A. Location Map '0 0-: April 11, 2012 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC RE: Notice of Completion for the following project: FY2010-2011 Streetlight Improvement Project - C-4605 Please record the enclosed document and return it to the City Clerk's Office. Thank you. ;Sincere , ani I. Brown,MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach. ca. us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "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 Steiny and Company, Inc. of Baldwin Park, CA, as Contractor, entered into a Contract on June 14, 2011. Said Contract set forth certain improvements, as follows: FY2010-2011 Streetlight Improvement Project - C-4605 Work on said Contract was completed, and was found to be acceptable on April 10, 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. rorks` Director ewport Beach VERIFI certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Y� , at Newport Beach, California. BY 4CI 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code - including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq, of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 161273 A, B, C-7, C-10 Contractor's License No. & Classification Steiny and Company, Inc. Bidder Authorized Signature/Title Vincent P. Mauch, CFO os fi c/m Date - 0 City of Newport Beach FY 2010-2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 BIDDER'S BOND We; the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter City, In the principal SUM of _ Ten Percent of the Total Amount of the Bid in Dollars ($ 10% ), to be paid and forfeited to the City of Newport $each if the bid proposal of the undersigned Principal for the construction of ice'' 2090-2x11 STREETOGHT IMPROVEMENT PROJECT, Contract No, 4805 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 13th _ day of May , 2a 194 Steiny and Company, Inc. _ Name of Contractor (Principal) Safeco Insurance Company of America Name of Surety 330 No. Brand Blvd. #500, Glendale, CA 91203 Authorized SignaturelTitle Vinyent P. Mauch, CFO Author gent Si nature Jeri Apodaca, Attorney in Fact Address of Surety print Name and Title (818) 956-4338 Telephone (Notary. acknowledgment of Principal & Surety must be attached) 5 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles ss. On May 16, 2011 before me, Kathy M. Edwards - Notary Public Date Name and Title of Officer (e.g. "Jane Doe, Notary Public") personally appeared Vincent P. Mauch Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/hef/the4 authorized capacity(ies), and that by his/heBn 4 signature(6) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL KATHY M. EDWARDS Commission # 1808321 Z Notary Public - California = '' Los Angeles County ® My Comm. Expires Aug 3, 2012 (Seal) Though the information below is not required bylaw, 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: CITY OF NEWPORT BEACH -BID BOND Title or Type of Document: FY 2010-11 STREET LIGHT IMPROV. CONTRACT NO. 4605 Document Date: 5/13/2011 Number of Pages: Signer(s) Other Than Named Above: Jeri Apodaca - Safeco Insurance Co. of America Capacity(ies) Claimed by Signer Signer's Name: Vincent P. Mauch ❑ Individual ❑X Corporate Officer - Title(s): ❑ Partner(s) - ❑ Limited ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ General CFO Signer is Representing: Steiny and Company, Inc. ACKNOWLEDGMENT ■ . ■ • ■ ■ ■ . * .. ■ ■ ■ ■ . ■ • ■ a ■ . ■ ■ . ■ . a a . ■ . ■ ■ ■ . ■ ■ i r ■ ■ ■ ■ a a ■ a * • ■ a ■ ■ ■ a ■ ■ a 1 I S 4 a a ■ ■ ■ ■ ■ ■ ■ a It a ■ ■ ■ State of California County of Orange }ss. On May 13, 2011 before Me, Rhonda C. Abel Public, personally appeared Jeri Apodaca Notary _,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. RHONDA C. ABEL � WITNESS m hand official seal COMM. # ls6sza4 y -NOTARY PUBLIC • CALIFORNIA J T ORANGE C n COMM. EXPIRES OCT.T. 16 16 2013 Signature (seat) ...... ■ a a r a a a a a a a a a. a a Y a■ M 4 11 Z a a a a a a a a a 6 w* M .. a a* a a a a a a a a a a a a a 6**■.■.■9 .. a s .... I OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer C Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President I Secretary I Treasurer _ Other: Other Information: 2 Check here if no Ihumbprinf or fingerprint is available. No. 6 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name 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. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Steiny and Company, Inc. Bidder Authorized Signature/Title Vincent P. Mauch, CFO 12 City of Newport Beach FY 2010-2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 NON -COLLUSION AFFIDAVIT State of California ) ) ss. CountyofLos Angeles Vincent P. Mauch being first duly sworn, deposes and says that he or she is CFO ofSteiny and Company, Inc, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix anv 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 Calif rnia that the foregoin e and correct. Steiny and Company, Inc. Bidder Authorized Signature/Title Vincent P. Mauch, CFO Subscribed and sworn to (or affirmed) before me on this //cday of , 2011 by /� � 5 t4U,�,,17 A A(/�UG/l , proved to me on the basis of satisfactory evi ence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public [SEAL] KATHY M. EDWARDS Commission # 1808321 ZLOMYNotary Public - California z Los Angeles County Comm. Expires Aug 3, 2012 13 My Commission Expires: >�L///,' o4- Legal Business Name of Bidder Steiny and Company, Inc. Business Address: 1_Z9 0 7 E . GarveyAve Baldwin Park , CA 91706 Business Tel. No.: 626-338-9923 State Contractor's License No. and Classification: 161273 A, B, C-7, C-10 Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Vincent P. Mauch Date Title CFO Signature of bidder C' ✓�p�a Gayle C Kappelman Date Title Secretary Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED 16 STE INY AND COMPANY, INC. Re: Page 16 Certification by Secretary of Corporate Resolution At the meeting of the Directors of Steiny and Company, Inc., a corporation organized and existing under the laws of the State of California, duly called and held in accordance with the articles of incorporation and bylaws of the corporation at its office on May 03, 2010. at which a quorum of'the directors were present the following resolution was adopted to wit: Resolved, that: President and Treasurer Chief Financial Officer Vice President Vice President Secretary Susan Steiny Vincent P. Mauch Willie B. Radley Walter E. Johansen III Gayle C. Kappelnaan Are hereby authorized to sign contracts/agreements in the name of and on behalf of Steiny and Company, Inc. 1 Gayle C. Kappelman, Secretary of Steiny and Company, Inc., do hereby certify that I am the Secretary of Said corporation and that the above is a full, true, and correct copy of a resolution of the Board of Directors of said corporation, duly adopted at the meeting held on May 03, 2010 and that said resolution has not been revoked or rescinded. In witness whereof, I have hereunto subscribed my name and affixed the seal of said corporation. Gayle C. Kappelman, Secretary CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles ss. On May 19, 2011 before me, Kathy M. Edwards Date Name and Title of Officer (e.g. "Jane Doe, Notary Public") personally appeared Vincent P. Mauch and Gayle C. Kappelman Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that lae4he/they executed the same in hisAwf/their authorized capacity(ies), and that by #Mier/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1� o OPTIONAL KATHY M. EDWARDS Commission # 1808321 Z Notary Public - California z Los Angeles County My Comm. Expires Aug 3, 2012 (Seal) Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document: Title or Type of Document: CITY OF NEWPORT BEACH (CONTR. #4605) - BID DOC Document Date: 5/19/2011 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Number of Pages Signer's Name: Vincent P. Mauch and Gayle C. Kappelman ❑ Individual Q Corporate Officer - Title(s): CFO and Corp. Secretary ❑ Partner(s) - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Steiny and Company, Inc. N/A Are any claims or actions unresolved or outstanding? Yes No 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. Susan Steinv, President (Print name of Owner or President of Corporation/Company) Bidder Authorized Signature/Title Vincent P_. Maucli CFO Title Date On &,I I before me, Notary Public, personally appeared jA/COj7- VLr tl who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Notary Public in and for said State My Commission Expires: C(S% 0,3, zolZ 20 KATHY M. EDWARDs Commission # 1808321 Notary Public • California Los Angeles County M Comm. Expires Aug 3, 2012 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 24th day of May, 2011, at which time such bids shall be opened and read for FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT Title of Project Contract No. 4605 $ 730,000.00 Engineer's Estimate Ste�P676n G. Badum Pu�Tic Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting: Santa Ana Blue Print at (949)756 -1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" or 11C -10" " For further information, call Peter Tauscher, Project Manager at (949) 644 -3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.Newl)ortBeachCA.gov CLICK: Online Services /Bidding & Bid Results City of Newport Beach FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ......................................................... ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................9 NON - COLLUSION AFFIDAVIT ...................................... ............................... 13 DESIGNATION OF SURETIES ....................................... ............................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........................ .............................15 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................17 INFORMATION REQUIRED OF BIDDER ........................................ .............................18 NOTICE TO SUCCESSFUL BIDDER ............................................... .............................21 CONTRACT...................................................................................... .............................22 FAITHFUL PERFORMANCE BOND ................................................ .............................30 LABOR AND MATERIALS PAYMENT BOND .................................. .............................33 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ............................................................. ............................... SP -1 2 City of Newport Beach FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 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. 3 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 Califomia Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 161273 A, B, C -7, C -10 Contractor's License No. & Classification Steiny and Company, Inc. Bidder Authorized SignatureTtle Vincent P. Mauch, CFO os /l9 /l( Date 0 City of Newport Beach FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 BIDDER'S BOND We; the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Amount of the Bid in 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 FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT, Contract No. 4605 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the dale 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, ii is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 13th day of May , 2011. Steiny and Company, Inc. Name of Contractor (Principal) Safeco Insurance Company of America Name of Surety 330 No. Brand Blvd. #500, Glendale, CA 91203 Address of Surety (818) 956 -4338 Telephone Authorized SignatureMile Vin ent P. Mauch, CFO Author gent Si nature Jeri Apodaca, Attorney in Fact Print Name and Title (Notary. acknowledgment of Pfindpal & SuretV must be attached) State of California l County of Los Angeles } ss. On May 16, 2011 before me, Kathy M. Edwards - Notary Public Due Nurse uM Tile ofDlfim (e.y'Joe Om Nwo, PuWw-) personally appeared Vincent P. Mauch Nmu(p ofslgau(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iS/are subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his/her heir authorized capacity(ies), and that by his/hen4heir- signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I Z OPTIONAL KATHY M. EDWARDS Commission A 1808321 'm Notary Public - California Los Angeles County My Comm. Expires Aug 3, 2012 (Sell) Though the h formmian below is not required bylaw, it may prove minable to persons relying on the document and could prevent fraudulent removal and reattachment of this font to another document. Description of Attached Document: CITY OF NEWPORT BEACH -BID BOND Title or Type of Document: FY 2010 -11 STREET LIGHT IMPROV. CONTRACT NO.4605 Document Date: 5/13/2011 Signer(s) Other Than Named Above: Jeri Capacity(ies) Claimed by Signer Signer's Name: Vincent P. Mauch ❑ Individual ® Coroorate Officer - Title(s): CFO ❑ Panner(s) - ❑ Limited ❑ General ❑ Anomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Steiny and Company, Inc. Number of Pages: Safeco Insurance Co. of America l'op of Ih..b here ACKNOWLEDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . a......... a a. a........ a. a a a... Slate of California County of Orange ) ss. On May 13, 2011 Public, personally appeared before me, Rhonda C. Abel Jeri Apodaca Notary proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is true and correct. �'W0-1� kii M C. ABEL W ITNESS m hand and official seal. O co N # lacazaa y NOTARY PUBLIC - CALIFORNIA ORANGE CUUNTY < OMM. AN ES OCL COUNTY Signature Lseaq . . . . . . . . . . . . . . . . . . . . . . 0 . . 4 . 4 . . . . . . . . . . . b . . A . . . . . . . v... a... a. a.................. OPTIONAL INFORMATION Date of Document Type or Tide of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification _ Credible W itness(es) Thumbprint of Signer ❑ Check here if Capacity of Signer: no Ihumbprinr Trustee or fingerprint Power of Attorney is available. CEO /CFO /COO President I Vice-President 1 Secretary / Treasurer �_ Other: Ol her Information: 11 Salem Insurance Company of America General Insurance Company of America Liberty POWER 10014th Avenue 10� MUtu.LL OF ATTORNEY Suite 1700 WA 98154 KNOW ALL BY THESE PRESENTS: No. 9675 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint * *RHONDA C. ABEL; JERI APODACA; LISA K. CRAIL; LINDA ENRIGHT; JANE KEPNER; NANETTE MARIELLA- MYERS; MIKE PARIZINO; RACHELLE RHEAULT;JAMES A. SCHALLER; Irvine, its true and lawful attorney(s) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21 st �ix* Rrkl' day of March Dexter R. Lees, Secretary Timothy A. Mikolafewski, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 2009 "Article V, Section 13. - FIDELITY AND SURETY BONDS... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surely operations, shall each have authority to appoint individuals as attomeys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof. I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify (hat the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation MAY 13 201 this day of SEAL I ) (� (��� px* lor kit Dexter R. Legg, Secretary S- 09741DS 3109 WEB PDF ACKNOWLEDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I State of California County of On Public, personally appeared before me, Notary proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me/hat he /she /they executed the same in his /her /their authorized capacity(ies), and that by 17is /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of the State of California that the (seal) ... ............................... v............ ............................... Date of Document Type or Title of Document INFORMATION Number of Pages in Document Document in a Foreign Type of Satisfactory Evid _ Personally Known Paper Identificatio Credible Witness( Capacity of Signer: / Trustee Power of Attorney CEO / CFO I COO President,% Vice -PI Other: Paper Identification I Secretary I Treasurer 0 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I State of California County of On Public, personally appeared SS. before me, proved to me on the basis of satisfactory evidence to be the person(s) subscribed to the within instrument and acknowledged to me that hey same in his /her /their authorized capacity(ies), and that by his /her /t hei instrument the person(s), or the entity upon behalf of which the person( instrument. 7 I certify under PENALTY OF PERJURY under the laws of foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Notary who (loose name(s) is /are ie /they executed the signatures(s) on the acted, executed the State of California that the (seal) ............................. ..........A..................... e................. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification / Credible Witness(es� Capacity of Signer: Trustee Power of AV CEO ICFO President Other: Other INFORMATION Identification I Secretary / Treasurer 7 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. City of Newport Beach FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 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: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: Stale License Number: Steiny and Company, Inc. Bidder Authorized Signature/Title 8 Vincent P. Mauch, CFO City of Newport Beach FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name Steiny and Company, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description *See Attached Approximate Construction Dates: From To: Agency Name 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. i' No. 2 Project Name /Number Project Description Approximate Construction Dates: From Agency Name 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. No. 3 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person T 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. 10 No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name 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. No. 5 Project Name /Number Project Description Approximate Construction Dates: From Agency Name 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 gG P� y-f( STEINY AND COMPANY, INC. ELeetvCeclL Covwtvtictors ay.01 ev goL eers CURRENT, PREVIOUS, AND MAJOR PROJECTS 4822 OCTA SR22 4695 Fair Oaks Corridor Transportation Improvements Owner: Orange County Trans ortatlon Authority (OCTA ) Owner: City of Pasadena General: Granite-Myers-Rados General: Steiny and Company, Inc. Value: $24,236,072.42 Value : $1,919.738 Contact: David Smith (GMR) (714) 712 -1600 Contact: Dave Ortega (626) 744 -4312 Completion: 7/112008 Completion: 101162005 4895 FY2005 Street & Park Lighting 4853 TSM0010151 Traffic Signal Mod.@ Artesia Bl. ETAL Owner: City of Santa Monica Owner: County of Los Angeles General: Steiny and Company, Inc. General: Steiny and Company, Inc. Value: $2,045,021.04 Value: $933,524.51 Contact: Gene Higginbotham 310 458 -8721 Contact: Issa Adaw a (626)458-5100 Completion: 22a2008 Completion: 04 117108 4811 LACO - Pacific 4819 RDC00113015, Eastern AvelGarfield Av Traffic Sync. Owner. County of Los Angeles Owner: County of Los Angeles General: Steiny and Company. Inc. General: Steiny and Company, Inc. Value: $1,229,488.15 Value: $1,022,690.65 Contact: Cliff Craig 626 458-5100 Contact: Cliff Craig (626) 458.5100 Completion: 0228108 Completion: 05120108 4769 Pha III Res. Street Lighting Improvements 4506 L.A. - ATSAC (S.D. Fwy. Corridor Owner: City o verly Hills Owner: County of Los Angeles General: Balfour BeaV Infrastructure, Inc. General: Steiny and Company, Inc. Value: $7,046,523.8 Value: $12,330,899.06 Contact: Chris Theisen 31 285 -2504 Contact: Manoochehr Adhami 213 847 -5102 Completion: 101512006 Completion: 07131105 4926 Lin sity Park 4908 Mission Viejo - Crown Valley Parkway Widening Owner: Palm D rt Funding Co., LP Owner: City of Mission Viejo General: Granite Con uction Co. General: American Asphalt Value: 1,381,500.29 Value: $1, 612 Contact: Joe Richardson 760 775 -7500 Contact: Je Le of (951 ) 7394671 Completion: 121302007 Completion: 01104110 4998 1 -Bed Bath & Beyond 4997 Anaheim - Garden Walk Owner: AB CIKDMM LLC Owner: Anaheim GW, LLC General: VCC - We oast General: Bayley Construction Value: $795,428.10 Value: $1,192,109.07 Contact: George Erskine 949 851 -8474 Contact: Chuck Hfazl 714 540 -8863 Completion: 12/1&2007 Completion: 0228/09 4935 R ecrans Ave. /Aviation BI. intersection Project PH11 4124 08- Riv.,SBd- 10,91,215 -Var., Contract 08 OK5004 Owner: CI awthome Owner: State of CA Dept. of Transportation General: Griffith an General: Stein and Company, Inc. Value: $1,376,742. Value: $3.123,970.38 Contact: Jason Spear ) 929 -1128 Contact: John C. McMillan 916) 227 -6300 Completion: 11/112007 Com letion: 07130110 - 4912 A ura Hills - Kanan Rd. 4107 RDC0015060 -As Needed Traffic Signals Owner: City o goura Hills Owner: County of Los Angeles General: Securi vin Company, Inc. General: Stein and Company, Inc. Value: $1,138,824. Value: $913,319.23 Contact: Chris Wenzel 767 -8418 Contact: Robert Eisenhamer (626)458-3155 Completion: 1211612007 ! Completion: 05105109 4960 stin - Offslte Backbone Infrastructure f 4030 Caltrans RT 710 Project Owner: Ve r /Kimco Tustin, L.P., Bayley Slater Tustin Venture Owner: Caltrans General: Same nstructlon General: Atka struction Value: 1111912008 $1,647,23 8 Value: $9,310,889.87 Contact: Edc Westman 949) 470 -0500 Contact: Felipe Oliver (949) 855 -9755 Completion: Completion: Open V Offices in Vallejo, Los Angeles, El Cajon and Baldwin Park Page 1 of 3 Division 04- Baldwin Park STEINY AND COMPANY, INC. &Lectv%C'A oovwtvactoys ctv�d EiayLVnZem CURRENT, PREVIOUS, AND MAJOR PROJECTS 4105 5 Traffic Signal Synch. Sys., Project SV 07 -24 4012 ISignalization Improvements - Audie Murphy Ranch Owner: City of Simi Valley Qy Owner: AudipMurphy Ranch,LLC General: Steiny and Company, Inc. General: Woodsi Homes of CA, Inc. alue: $979,447.35 - Value: $543,286.3 ontact: David Medina (805) 583 -6810 Contact: PatCelella (9N710-1900 l —1 1 STEINY AND COMPANY, INC. electrical cowtractors nnol evLoiv ers CURRENT, PREVIOUS, AND MAJOR PROJECTS 4297 ious 221405/605 HOV Connector 4238 Riv. Co. - Rte 10 /Palm Dr./ Gene Autry Owner: State California Owner: State of California General: Atkinson Contractors, LP General: Sk ska USA Civil West Value: $5,200,000.00\ Value: $1,222,,967.07 Contact: Jan Bohn (949) 855­Q755 Contact: Chad Ma (951 684 -5360 Completion: Open Completion: Open 4254 C ars Sinai Adv. Health Sciences Pavilion -TS 4255 Long Beach Blvd. NIO 56th & Del Arno Owner: Cedar 'nai Medical Center Owner: Illy of Long Beach General: Hathaway iddie General: S y_Mller Contracting Co. Value: $632,149.54 Value: $740, 23,50 Contact: Paul Banuelos 213 6 -0500 Contact: Gary Down (714) 578 -9600 Completion: Open N Completion: Open 4264 Hermosa Ave. / Church St. - Rancho Cucamonga 4304 Parker Dam Rd./ Earp / Third Street Owner: City of Rancho Cucamonga Owner: State of California General: Steiny and Company, Inc. General: UCIVI Construction Value: $401,577.83 Value: $528,800.00 Contact Shelley Hayes 909) 477 -2740 Contact: H.D. Mh Govern (916) 334 -1221 Completion: Open Completion: Open Owner: Owner: General: General: Value: -� Value: Contact: 1 Contact: Completion: Completion: Owner: Owner: General: General: Value: Value: Contact: Contact: Completion: Completion: Owner: Owner: General: General: Value: Value: Contact: Contact: Completion: Completion: Owner: Owner: General: lGenerak Value: Value: Contact: I IContact' � l L Steiny v. Granite - Myers- Rados, Orange County Superior Court, Case No. 30- 4�zz 2008 - 00112516. This was an action brought by the Company against Granite - Myers -Rados ( °GMRo), its sureties, and the Orange County Transportation Authority related to nonpayment of progress payments, retention and change orders on the project known as the Garden Grove Freeway (SR -22) HOV Lane Design - Build. The action was filed in September 2008. The Company and GMR reached a settlement, resulting in payment to the Company. Page 3 of 3 Division 04- Baldwin Park No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name 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. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Steiny and Company, Inc. Bidder IFS Authorized Signature/Title Vincent P. Mauch, CFO City of Newport Beach FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Los Angelr- s Vincent P. Mauch being first duly sworn, deposes and says that he or she is CFO ofsteiny and Company, Inc, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing<�be and correct Steiny and Company, Inc. w��l Bidder Authorized Signature/Title Vincent P. Mauch, CFO Subscribed and sworn to (or affirmed) before me on this // c day of 2011 peby �uXl -JS proved to e on the basis of satisfactory evidence to be the person(s) who appeared before me I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public [SEAL] OlAy KATHY M.EDWAROS Commission # 1808321 Notary Public • California Los Angeles County Comm. Expires Aug 3, 2012 13 My Commission Expires: 6-3"2012- City of Newport Beach FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 DESIGNATION OF SURETIES Bidders name Steiny and Company, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): Insurance: Brian Von AON 1901 Main Irvine, 949 -608 -6 Helmolt Bond: Mike Parizino a eco n e— Company of Street, Ste 300 America, a Liberty Mutual Company 300 N. Brand Blvd., Ste. 1000 434 Glendale, CA 91230 S - 56- 423-T 14 City of Newport Beach FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Steiny and Company, Inc. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2010 2009 2008 2007 2006 Total 2011 No. of contracts N/A 83 80 157 129 149 598 Total dollar Amount of N/A 53189 41255 65191 80884 75595 316114 Contracts (in Thousands of $ No. of fatalities N/A 0 0 0 0 1 1 No. of lost 1 2 4 0 1 8 Workday Cases N/A No. of lost workday cases N/A 0 0 0 0 0 0 involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder Steiny and Company, Inc. Business Address: 12907 E. Garvey Ave., Baldwin Park,CA 91706 Business Tel. No.: 626 - 338 -9923 State Contractor's License No. and Classification: 161273 A, B, C -7, C -10 Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder (r��� Vincent P. Mauch Date Title CFO �SeelriGL��' a o /ce�iCt�> Signature of � ,// /��ij bidder Il /2L,e -17io�(/��/hvJ�_. Gayle C. Kappelman Date Title Secretary Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partnersCoint ventures or if fewer than all of the partners /joint ventures submit with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners /joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 16 STLINY ANO COMPANY. INC. Re: Page 16 Certification by Secretary of Corporate Resolution At the meeting of the Directors of Steiny and Company, Inc., a corporation organized and existing under the laws of the State of California, duly called and held in accordance with the articles of incorporation and bylaws of the corporation at its office on May 03, 2010 at which a quorum of the directors were present the following resolution was adopted to wit: Resolved, that: President and Treasurer Chief Financial Officer Vice President Vice President Secretary Susan Steiny Vincent P. Mauch Willie B. Hadley Walter E. Johansen III Gayle C. Kappelman Are hereby authorized to sign contracts /agreements in the name of and on behalf of Steiny and Company, Inc. I Gayle C. Kappelman, Secretary of Steiny and Company, Inc., do hereby certify that I am the Secretary of Said corporation and that the above is a full, true, and correct copy of a resolution of the Board of Directors of said corporation, duly adopted at the meeting held on May 03, 2010 and that said resolution has not been revoked or rescinded. In witness whereof, I have hereunto subscribed my name and affixed the seal of said corporation. Gayle C. Kappelman, Secretary l.AL1r UMUNIA l- rx11r11,A11.' Ur State of California l County of Los Angeles j ss. On May 19, 2011 before me, Kathy M. Edwards Due Nrnc nd TiacdO(U.J( & 'J. Due. Noury Public) personally appeared Vincent P. Mauch and Gayle C. Kappelman Nam(.) or5i&oeKe) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4s/are subscribed to the within instrument and acknowledged to me that heish /they executed the same in hisFkei:/their authorized capacity(ies), and that by his4ser /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KATHY M. EDWARDS Commission At 1808321 @MY Notary Public - California Los Angeles County Comm. Ex Tres Aug 3. 2012 IM OPTIONAL Though the information below is not required bylaw. it may prove valuable to persons retying on the document and could prevent fraudulear removal and reattachment ofthis form to another document. Description of Attached Document: Title or Type of Document: CITY OF NEWPORT BEACH (CONTR. #4605) - BID DOC Document Date: 5/19/2011 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Number of Pages: Signer's Name: Vincent P. Mauch and Gayle C. Kappelman ❑ Individual ® Corporate Officer - Title(s): CFO and Corp. Secretary ❑ Partner(s) - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Steiny and Company, Inc. N/A City of Newport Beach FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 ACKNOWLEDGEMENT OF ADDENDA Bidders name steiny and Company, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 City of Newport Beach FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: stet ny and Company. Inc. Business Address: 12907 E. Garvey Avenue, Baldwin Park, CA 91706 Telephone and Fax Number: phone #626- 338 -9923 fax #626- 338 -8343 California State Contractor's License No. and Class: 161273 A, B, C -7, C -10 (REQUIRED AT TIME OF AWARD) Original Date Issued: 7/1/56 Expiration Date: 5/31/13 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Mike Heffernan, Estimator The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone *See Attached Corporate Resolution Corporation organized under the laws of the State of California IM .11-GNY AND COMPANY, INC. & � Arr /9 Certification by Secretary of Corporate Resolution At the meeting of the Directors of Steiny and Company, Inc., a corporation organized and existing under the laws of the State of California, duly called and held in accordance with the articles of incorporation and bylaws of the corporation at its office on May 03, 2010 at which a quorum of the directors were present the following resolution was adopted to wit: Resolved, that: President and Treasurer Chief Financial Officer Vice President Vice President Secretary Susan Steiny Vincent P. Mauch Willie B. Hadley Walter E. Johansen III Gayle C. Kappehnan Are hereby authorized to sign contracts /agreements in the name of and on behalf of Steiny and Company, Inc. I Gayle C. Kappelman, Secretary of Steiny and Company, Inc., do hereby certify that I am the Secretary of Said corporation and that the above is a full, true, and correct copy of a resolution of the Board of Directors of said corporation, duly adopted at the meeting held on May 03, 2010 and that said resolution has not been revoked or rescinded. In witness whereof, I have hereunto subscribed my name and affixed the seal of said corporation. Gayle C. Kappelma Secretary The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: No All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: Me 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; Yes (See Attached) Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Yes, Playa Vista- Moote Group. General Contractor -Silva Construction Project was abandoned Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 1F'] 12-c, - /'c- r q Applicant Finn Steiny and-Company, Inc, 1. Steiny v. Reno; Los Angeles Superior Court, Case No. BC287658. This is an action brought by the Company's Subcontractor, Reno Metal Products, Inc. ( "Reno "), for claimed unpaid contract sums due on an MTA Project known as the Redline Subway Station. The action was commenced in 2002. Steiny cross complained against Reno and MTA for breach of contract and indemnity in regard to Reno's claims. The MTA cross complained against both Steiny and Reno. The MTA Crosscomplaint against Steiny was dismissed in early 2006. After trial, Judgment was entered in favor of Steiny and the MTA against Reno. Reno appealed and the Court of Appeal reversed. The Company has made payment to Reno for attorney fees. 2. Steiny v. Wilson. This was an action by the Company against Ray Wilson Company for damages for delay, impacts and extra work on the Glendale Police Facility in Glendale, Ca. Wilson cross coin plained against the City of Glendale for indemnity and its own damages claim. The matter was settled by payment to the Company of substantial damages. 3. Steiny v. Kemp; San Bernardino Superior Court, Case No. SCVSS126401. This is an action brought by the Company against Kemp Bros. Construction, Inc. ( "Kemp ") for breach of contract and resulting damages for work performed, delays, extras and impacts on the Science Annex project for California State University San Bernardino. The Owner was not involved in the litigation. The matter was referred to arbitration before the American Arbitration Association and hearings held in early January 2008. The matter was resolved in 2008 and the Company made payment. 4. Steiny v. Kemp; San Bernardino Superior Court, Case No. SCVSS14410. This is an action brought by the Company against Kemp, for work performed, delays, and impacts on the public work project known as the California State University San Bernardino Student Union Expansion and Renovation. The Owner is not a party to this litigation. The matter has been settled. 5. Steiny v. Perera; San Bernardino Superior Court, Case No. CIVSS701829. This is an action brought by the Company against Perera Construction and Design, Inc. ( "Perera ") concerning extra work, delays and impacts on the project known as California State University San Bernardino Student Recreation Center. The action was filed in May 2007. The Owner is not party to the litigation. The case was settled through mediation. 6. Steiny v. Hopkins; Los Angeles Superior Court, Case No. BC347823. This is an action by the Company against George C. Hopkins Construction Company ( "Hopkins ") for nonpayment of contract sums due, extra work and delays concerning the construction of the Alexandria Elementary School for the Los Angeles Unified School District. The action was filed in February 2006. Hopkins has cross complained against the LAUSD. The parties have participated in several mediations and a settlement conference. The case has been resolved by an out of court settlement. 7. Steiny v. Johnson Controls. This was an action by the Company against its subcontractor, Johnson Controls, on a security upgrade project for the Port of Long Beach, CA. Johnson Controls crosscomplained for alleged unpaid contract sums and extra work. The matter was settled in 2007 by the payment to the Company of substantial damages. 8. Steiny v. City of Riverside. This was a collection action by the Company for nonpayment of retention of approximately $12,000.00. The matter was resolved Applicant Firm; Steiny and Company. Inc. -__ by the payment of retention to the Company, the granting of a credit to the City for deleted work. 9. Steiny v, Oxnard. This was a collection action for the payment of retention. The matter was settled by the payment of retention sums due. 10. Steiny v. City of Norco. This was a collection action for the payment of retention. The matter was settled by the payment of sums due the Company. 11. Steiny v. Los Angeles — ATSAC. This is an action by the Company against the City of Los Angeles for sums due for delays in completion of a street light /traffic signal project for the City. The Company and The City of LA reached a settlement. 12. Steiny v. Granite - Myers- Rados; Orange County Superior Court, Case No. 30- 2008- 00112516. This was an action brought by the Company against Granite - Myers -Rados ( "GMR "), its sureties, and the Orange County Transportation Authority related to nonpayment of progress payments, retention and change orders on the project known as the Garden Grove Freeway (SR -22) HOV Lane Design - Build. The action was filed in September 2008. The Company and GMR reached a settlement, resulting in payment to the Company. Are any claims or actions unresolved or outstanding? Yes GD 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. c�TE7/�N ctncQ C��� i o�i�C. Bidder Susan Steiny, President (Print name of Owner or President of Corporation /Company Authorized SignaturefTitle Vincent P. Mauch Title Date CS-It ti /8 On li� ZDI before me, Yzua 1�• (xJL [� <�S , Notary Public, personally appeared,/r)7 P GL%4tle %i who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. (SEAL) Notary Public in and for said State My Commission Expires: uS7 03, Z0/Z RIC KATHY M. EDWARDS Commission # 1808321 • ° Notary Public - Calltornis Los Angeles County 9 My Comm. Ex Ires Aug 3, 2012 City of Newport Beach FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 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. 21 City of Newport Beach FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this _ day of , 2011, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City( "City ") and Steiny and Company, Inc., a California corporation ( "Contractor'), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of mobilization, traffic control, distributing construction notifications, construction surveying, concrete improvements, installing, removing and relocating street lighting facilities and appurtenances, and all other items to complete work in place. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4605, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 22 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 Five Hundred Eighty -Five Thousand, Five Hundred Ten and 751100 Dollars ($585,510.75). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Peter Tauscher (949)644-3316 CONTRACTOR Steiny and Company, Inc. 12907 E. Garvey Avenue Baldwin Park, CA 91706 626- 338 -9923 626- 338 -8343 Fax INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' 23 Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 24 b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 25 f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 26 G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to 27 be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM OFFIC OF THE CITY ATTORNEY Date: 11 Assistant City Attorney CITY OF NEWPORT BEACH A California Municipal Corporation and City and Chay City Date: A By; v Michael F. HeAn ATTEST: STEM Date: 1A. 11 A Califo �Ar'B Leilani I. Brown City Clerk uFoRJ'd ND COMPANYANC. Title: President Print Name: Vincent P. Date: C&,,/2-&// J B- _ (Financial Officer) Title: Secretary aq Print Na e: Gayle C. appelman Date: f� Executed in Duplicate Premium 54,013.06 Premium is for Contract Tenn and City of Newport Beach Subject to Adjustment Based on Final Contract Price FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 BOND NO. 24040553 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,013.00 being at the rate of $ $7.00 /m first $500,000.; $6.00 /m * thousand of the Contract price. * next $2,000,000. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Steiny and Company, Inc., hereinafter designated as the "Principal ", a contract for construction of FY 2010.2011 STREETLIGHT IMPROVEMENT PROJECT, Contract No. 4605 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4605 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Safeco Insurance Company of America duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Eighty -Five Thousand, Five Hundred Ten and 751100 Dollars ($585,510.75) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 29 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 24th day of June 2011. Steiny and Company, Inc. (Principal) Authorized Signature/fitle----- Vincent P. Mauch, CFO Safeco Insurance Company of America Name of Surety 330 No. Brand Blvd. #500, Glendale, CA 91203 Address of Surety (818) 956 -4338 Telephone Authofized A ent Signature _ Jeri Apodaca, Attomey in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT .m "0 .......................................................................... Stale of California County of Orange ) ss. On _ June 24, 2011 _ before me, Rhonda C. Abel Notary Public, personally appeared Jeri Apodaca _ ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature RHONDA C. ABEL p COMM. # 1868284 NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY 0 .. COMM. EXPIRES OCT. 16 2013 (si.d) ................................................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification _ ---Credible W itness(es) Capacity of Signer: _ Trustee Power of Attorney _CEO / CFO /COO President / Vice - President / Secretary / Treasurer Other: Other Information: 31 Thumbprint of Signer ,] Caeck here 'I no thumbprint or fingerprint is ivailab'.t. ACKNOWLEDGMENT ................................................ ............................... State of California County of (St� A7c —'axs ) ss. On [ 2:7, 7n/o before me, A%• � -4 al Notary Public, personally appeared KAICEr->I C!/ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LQ KATHY M.EDWAROS Commission # 1808321 Nota ry Public • California Los Angeles County y Comm. Expires Aug 3, 2012 (se,i) ................................................ ............................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION Thumbprint of Signer (> r ,w_ Lrfvyasr3 2 Type of Satisfactory Evidence: Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer _ Trustee Power o ttorney T6_ CEO rCf,04 COO _._ . Presi rl / Vice - Presiders: / Secretury / Treasurer Other: Other Information. 32 ❑ Ch;ck here if no thu:.bpnnt or fingerprint available. Executed in Duplicate Premium is Included in Performance Bond Citv of Newoort Beach FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4605 BOND NO. 24040553 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Steiny and Company, Inc., hereinafter designated as the "Principal," a contract for construction of FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT, Contract No. 4605 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. 4605 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, Safeco Insurance Company of America duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Five Hundred Eighty -Five Thousand, Five Hundred Ten and 75/100 Dollars ($585,510.75) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and It does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 24th day of June , 2011. Steiny and Company, Inc. (Principal) Safeco Insurance Company of America Name of Surety 330 No. Brand Blvd., #500, Glendale, CA 91203 Address of Surety (818) 956 -4338 Telephone Authorized Signature/Title Vklcent R Mauch, CFO Cot -I "L Autt. ortzed Ag nt Signature Jeri Apodaca, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT ......................... .......................•....... we................... a, State of California County of _ Orange )Ss. On June 24, 2011 before me, Rhonda C. Abel Public, personally appeared Jeri Apodaca _ Notary _ _ _,who bas proved to me on the is of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature MIN DA C. ABEL COMM. At 1868284 _ 0 PC NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY OMA. EXPIRES OCT. It, 2013 (seal) ................................................ .............................., OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification — Credible Witness(es) Capacity of Signer Trustee X Power of Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other Other Information:_ 35 _. Thumbprint of Signer ❑ Cheek I rw , ro thumtp,int or Iner,p -it ACKNOWLEDGMENT .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I State of Califogmia County of C1Z'- ss. On !7t oc 2V, 2011 before me, _v-K A,( Notary Public, personally appeared �'n �r,ryT P. uri/ ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KATHY M. EOWAR08 Commission # 1808321 • "° Notary Public • California Los Angeles County Expires Aug 3, 2012 Signature U (snap ................................................ ............................... Date of Document OPTIONAL INFORMATION )2 21f _z - � Thumbprint of Signer Type or Title of Document __2``a`f��3 Number of Pages in Document Z Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Check here If Capacity of Signer: no @,umbprint _ —Trustee or fingerprint Power o ttorney is mariGP, CEO CF COO _ President/ Vice- President / Secretary / Treasurer Other: Other Information: 36 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4645826 ,t 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 totheextent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company "), a Washington stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint RHONDA C. ABEL, JERI APODACA, NANETTE MYERS, MICHAEL D. PARIZINO, JAMES A. SCHALLER, RACHELLE RHEAULT, ALL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA........................................................................................................................................................................................................................... ............................... , each individually if there be more than one named, its true and lawful attomey -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIVE HUNDRED MILLION AND 00H00'•"" """""'°" DOLLARS ($ 500, 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 0 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 IV - Officers: Section 12. Power of Attorney. Any officer or other official of the Corporation 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 Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in- fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and 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 attorneys -in -fact: Pursuant to Article IV, Section 12 of the By -laws, David M. Carey, Assistant Secretary of Safeco Insurance Company of America, is authorized to 01 appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety m any and all undertakings, bonds, recognizances and other surety obligations. 7 N > That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. ro IN WITNESS WHEREOF this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of 'y Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 15th dayof June , 2011 SAFECO INSURANCE COMPANY OF AMERICA O �' ,feria By David M. Carey, A90tant Secretary COMMONWEALTH OF PENNSYLVANIA as COUNTY OF MONTGOMERY On this 15th day of June , 2011 , before me, a Notary Public, personally came David M. Carev, to me known, and acknowledged that he Is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seat of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREO , L,Jlav$tia4gd subscribed my name and affixed my notarial seal at Plymouth Meetin , Pennsylvania, on the day and year first above written. �eyoe WE, Shy x.,µo r,s r v rwmr B of x., cam,- cm w�ryee io Tereia Pastels, Notary Public CERTIFICATE g >.,. e`p 10-1- a......,.... A.... .....ns.„• -. I, the undersigned, Vice Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct eopyr+c ia.falf rce and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attomey is an Officer specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By -laws of Safeco Insurance Company of America. 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 Safeco Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. 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 TE�STIIMO�NYpWHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of — Wilh-R�4-Ytl Gregory W. Davenport, Vice President N N m C N 7 a c O ON mW EE 00 r Q M O� m C 3� a °E A c5 t O M oc �m rF co CM 0o 0 � CCPREP® CERTIFICATE OF LIABILITY INSURANCE DATE IMNDDYYYY, 6 30 2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Laurie Stokes Alliant Insurance Services, Inc. 1301 Dove Street, Suite 200 Newport Beach CA 92660 -2436 PHON 1rVC N Exg949- 756 - 71a No: -7�6 _7713 E -MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# /1/2011 INSURER A:O1d Re1g61 4 1 General T_n$ CO l $1,000,000 INSURED INSURER B -Nat jorial n Fire ins 0 INSURERC: Steiny & Company, Inc. INSURER D: Ea omureace 12907 East Garvey Ave Baldwin Park CA 91706 n ono erson $5, 000 rEACHOCCURRENCE & ADV INJURY INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1209615231 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL IINSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDD LIMITS • GENERAL LIABILITY Y Y klCG95211102 /1/2011 /1/2012 $1,000,000 X COMMERCIAL GENERAL LIASILITY CLAIMS -MADE O OCCUR Ea omureace $100,000 n ono erson $5, 000 rEACHOCCURRENCE & ADV INJURY $1,000,000 GGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: - COMP /OP AGG S2,000,000 S POLICY X PRO- LOC ] JECT F7 • AUTOMOBILE LIABILITY Y N AlCA95211102 /1/2011 /1/2012 Ee eccitlenl $1,000,000 BODILY INJURY (Per person) S ANY AUTO ALL OWNED % SCHEOULEO AUTOS AUTOS _ BODILY INJURY (Per accident) 5 X (ParraccldenIOAMAGE S HIRED AUTOS X AUTOSwNED • X UMBRELLA LIAR % OCCUR BES6308516 /1/2011 )/1/2012 EACH OCCURRENCE $20,000,000 AGGREGATE $20,000,000 EXCESS LIAR CLAIMS -MADE OED % I RETENTIONS 10, 000 S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE iCH9511102 /1/2011 /1/2012 X lC STATUS OR �I- E.L. EACH ACCIDENT I $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYE $1, 000, 000 (Manfizlory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $1, 000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schofield, if morn space is required) CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED PER THE ATTACHED ENDORSEMENT. PRIMARY WORDING APPLIES PER THE ATTACHED ENDORSEMENT. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY AND WORKERS COMPENSATION PER THE ATTACHED ENDORSEMENT. STEINY AND COMPANY, INC. #4338: 2010 -2012 STREETLIGHT IMPROVEMENT CONTRACT NO. 4605 CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS CITY OF NEWPORT BEACH 3300 NEWPORT BLVD., P.O. BOX 1768 NEWPORT BEACH CA 92658 -8915 ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ETt>.GnLa�gr>tuR�ax.�lRermnl Pia ©1988 -2010 The ACORD name and logo are registered marks of ACORD reserved. POLICY NUMBER:A1CG95211102 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Vil Bill] HIVIIIIINFITAN 11261"I]l"0411MOITA 11, 1:41" MIN l�l � i � �� ��, ( � t�l ��i �� i :' � � :11 i � I �♦� �� I � � i I�� � i l�i lit This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations CITY OF NEWPORT BEACH CERTIFICATE HOLDER IS INCLUDED AS 3300 NEWPORT BLVD., P.O. BOX 1768 ADDITIONAL INSURED PER THE ATTACHED NEWPORT BEACH CA 92658 -8915 ENDORSEMENT. PRIMARY WORDING APPLIES PER THE ATTACHED ENDORSEMENT. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY AND WORKERS COMPENSATION PER THE ATTACHED ENDORSEMENT. STEINY AND COMPANY, INC. #4338: , 2010 -2012 STREETLIGHT IMPROVEMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER:A1CG95211102 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations CITY OF NEWPORT BEACH CERTIFICATE HOLDER IS INCLUDED AS 3300 NEWPORT BLVD., P.O. BOX 1768 ADDITIONAL INSURED PER THE ATTACHED NEWPORT BEACH CA 92658 -8915 ENDORSEMENT. PRIMARY WORDING APPLIES PER THE ATTACHED ENDORSEMENT. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY AND WORKERS COMPENSATION PER THE ATTACHED ENDORSEMENT. STEINY AND COMPANY, INC. #9338: 2010 -2012 STREETLIGHT IMPROVEMENT CONTRACT NO. 9605 CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Company: Old Ropubllc General Insurance Company PollayPerfod 07/01/2011 - 07/01/2012 ATTACHED TO AND ENDORSEMENT EFFECTIVE FOMNG PART OF (Standard Time) POLICY NUMBER MontlJD oar 13:01 A.M. ROOM AlCG95211102 (n) See Ce tificat INSURED Steiny & Company, Inc. PRODUCER AND CODE CPGISPEC. RISK RESOURCES INS AGCY, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM ADDITIONAL. INSURED PRIMARY WORDING As Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown to the Daclaratlons page. The Insurance provided by this endowment is primary Insurance and we will not seek contribution from any other Insurance of a like kind available to the parson or organization shown In the schedrla unless the other insurance Is provided by a contractor other then you for the same operation and job loeatlon. If so, we will share with that other brsurarm by the me0wd described in paragraph 4 c. of Section IV - Commercial General Liability Conditions. All other terms and Conditions remain unchanged. i -roiizu34:1l6191 Name of Person a+Organl=lon: Ae RequEed By Written Contract W awiv UtOL-V Authwtwd Representative OL CPO 32 (Wn See cardfloate Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CG 24 0410 88 WAOVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO OR This endorsement modifies insurance provided under the following: COIkMRCLAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the Inception date of the policy unless another date Is Indicated below. Endorsement Policy No.: Effete": See Certificate Nomad insured: Steiny & AICG95211102 Company, by: � / �w eA-L j Company, Inc. (� tnvu�co SCHEDULE Name of Peron or Organlaefdon: ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION (If no entry appears above, IntonnaUon required to complete this endorsement will be shown In the Declarations as applicable to this endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV— COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for Injury or damage arising out of your ongoing operations or your work° done under a contract with that parson or organization and included In the 4produdscomplated operations hazard.' This waiver applies only to the person or organization shown In the Schedule above. CL 975 (1089) CO 24 0210 93 COPYeem. 4murnme Servfcw Ordw. tnr, 1992 Pegs 1 of 1 Company: Old Republic General Insurance Company Policyporlod 07/01/2011 - 07/01/2012 ATTACHED TO AND ENDORSEMENT EFFECTIVE INSURED FORMING PART OF (Standard Throe) POLICY NUMBER Steiny & Company, Inc. Ma y/Year I ! RIREAlCA95211102 CPGISPEC.RISKSOURCES t f cate E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM '.ra:Ia..Ali�i Nang of Psmon or OrganlaeFlon: Where required by written Contract. The fops&" Is added to Section 11— Liability Coverage, A. — Coverage, 1. Who is An Insured d. Any person or organization to whom you become obllgated to Include as an additional Insured under this palcy, an a result of any contract or agreement you enter Into which requires you to furnish Insurance to that parson or organization of the type provided by this policy, but orgy with respect to IlabWty arising out of your operations or premises awned by or rented to you. However, the Insurance provided wIO not exceed the lesser of: 1. The coverage or Omits of this policy, or 2. The coverage or limits required by said contract or agreameft C6 t p j} Authorized Representative CA Cps 4 (&" See certificate Daft Company: Old Republic General (InGurance Company Policypgried 07/01/2011 - 07/01/2012 ATTACHED TO AND ENDORSEMENT EFFECTIVE FORMING PART OF (Standard "ns) POLICY NUMBER Montwayfyear 1 &a1 AM NOON AlCW9511102 (3) See Cert'ficate INSURED Steiny & Company, Inc. PRODUCER AND CODE CPGlSPEC. RISK RESOURCES INS AGCY, INC, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Irgury covered by this policy. We will not enforce our right against &,a person or organization named In the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or Indirectly to benalit anyone not named In the Schedule. SCHEDULE Nana of Person or Orgenlaatlon: ALL PERSONS ANDIOR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FORWORK PERFORMED BY YOU FOR THAT PERSON ANDIOR ORGANIZATION. Lx/ Q,Gbfiel etg9 Authorized RopresentaUve we CPO 7 (3AM CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7/7/2011 Dept. /Contact Received From: Shauna Oyler Date Completed: 7/7/2011 Sent to: Joel By: Joel Company /Person required to have certificate: Steiny and Company GENERAL LIABILITY A. INSURANCE COMPANY: Old Republic B. AM BEST RATING (A-: VII or greater): A: IX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes FX No D. LIMITS (Must be $1M or greater): What is limit provided? 51,000.000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes FX No 0 F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes No G. PRIMARY & NON- CONTRIBUTORY WORDING (Must be included): Is it included? Yes F X] No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? Yes O No OX I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. New Acord Wording , 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Old Republic B. AM BEST RATING (A-: VII or greater) A: IX C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $1.000.000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail, per Lauren Farley, the City will accept the endeavor wording. . \cw Acord \Fbrdine III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Old Republic B. AM BEST RATING (A-: VII or greater): A: IX C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes F7X No IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: July 8. 2011 Agent of Allianl Insurance Services Date Broker of record for the City of Newport Beach ----------------------------------------------------------------------------------------------------------------------------------------------- u Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management Date ` Subject to the terms of the contract. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4605 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 To whom it may concern: 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. 4605 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 @ Dollars and Cents Per Lump Sum Lump Sum Traffic Control @ Dollars and Cents Per Lump Sum 3. 2 EA Replace Existing Streetlight Standard with New Contractor Furnished Type I Standard (Ameron Cat. No. 4- C1- 23 -F4) and Philips 65 watt, 4,886 lumen, 240 volt LED luminaire @ Dollars and �`- Cents $ $ Per Each PR2of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 4 EA Relocate Existing Type I Standard, Replace Luminaire with Philips 65 watt, 4,886 lumen, 240 volt LED luminaire @ Dollars and Cents Per Each $ `, 5. 3 EA Replace Existing Streetlight Standard with New Contractor Furnished Type 11 Standard (Ameron cat. No. 6- C1- 28 -FB) and GE 157 watt, 9,600 lumen, 240 volt LED luminaire @ Dollars and Cents Per Each 6. 1 EA Adjust Luminaire Mast Arm @ Dollars and Cents Per Each 7. 1 EA Repair Pole Base @ Dollars and Cents Per Each 8. 67 EA Clean and Paint Existing Mast Arm @ Dollars and Cents Per Each 204-,?o o -� $ 4-,?o $ - 70' � $ �0 $ $ 33�•�$ 9. 14 EA Replace Existing Luminaire on Existing Streetlight Standard with New Philips 150 watt, 9,264 lumen, 240 volt LED luminaire @ Dollars p p E�fl and Cents $ $ Per Each PR3of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 99 EA Replace Existing Luminaire on Existing Streetlight Standard with New Philips 65 watt, 4,886 lumen, 240 volt LED luminaire @ Dollars and _00 Cents $ $ Pei �© Per Each 11 12. ilk 4 EA 13. 23 EA 14. 94 EA 15. 2 EA Reset Existing Streetlight Standard to Grade @ Dollars and Cents Per Each Rotate Existing Streetlight Standard @ Dollars and Cents Per Each Remove Existing Pull Box @ Dollars and Cents _00 00 Remove and Replace Existing Pull Box @ Dollars and Cents $ $ Per Each Remove Existing Pull Box and Connect Conduit @ Dollars and Cents Per Each 16. 112 EA Install #3 -112 F Concrete Pull Box @ Dollars and Cents Per Each 3a�q�O ®R M10 • i ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 17. 1 EA Furnish and Install New Single -Meter Type III -BF Service Cabinet @ Dollars and Cents Per Each OP 18. 1 EA Remove Existing Cabinet and Install New Type III -BF Service Cabinet @ Dollars ��() OQ and d n 3 �� �0P Cents $ $ ` Per Each 19. 2 EA Modify Existing Type III -BF Service Cabinet @ Dollars and ��0 •� ��- Cents $ $ Per Each 20. 129 L.F. Furnish and Install New 1" PVC Conduit with 2 #8 Insulated Conductors @ Dollars Q4 A OC Cents $0 . $ 3 �r Q — Per Linear Foot 21. 18,720 L.F. Furnish and Install New 1 -1/4" PVC Conduit with 2 #8 Insulated Conductors @ Dollars and 0�0 Cents $ O' $ to -T Per Linear Foot 22. 214 L.F. Furnish and Install New 1 -1/4" PVC Conduit with 4 #8 Insulated Conductors @ Dollars and Cents Per Linear Foot PR5of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 23. 170 L.F 24. 5,475 L.F 25. 120 L.F 26. 50 L.F Furnish and Install New 1 -1/4" PVC Conduit with 6 #8 Insulated Conductors @ Dollars and a� Cents $ Per Linear Foot Furnish and Install New 2 #8 Insulated Conductors in Existing Conduit @ Dollars and Cents $ Per Linear Foot Furnish and Install New 4 #8 Insulated Conductors in Existing Conduit @ Dollars and Cents $ Per Linear Foot Furnish and Install New 2" PVC Conduit with 8 #8 Insulated Conductors @ Dollars and Cents Per Linear Foot 27. 16 EA Trim Brush and /or Tree @ Dollars and Cents Per Each 28. Lump Sum Remove Existing Wires @ Dollars and Cents Per Lump Sum ii $ �_� $ $ Q,rO as f a. ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 29. 4 EA Remove and Salvage Existing Series Service Disconnect @ Dollars Cents $ �o -� $ 3�o_ 4p Per Each 30. 1 EA Replace Existing Streetlight Standard with New Contractor Furnished Type I Standard (Ameron Cat. No. 4- C1- 23 -F4) and GE 65 watt, 3,700 lumen, 240 volt LED luminaire @ Dollars and Cents $ $ Per Each 31. 27 EA Replace Existing Luminaire on Existing Streetlight Standard with New GE 157 watt, 9,600 lumen, 240 volt LED luminaire @ Dollars and Cents Per Each $ (t ( 3� 32. 5 EA Replace Existing Luminaire on Existing Streetlight Standard with New GE 65 watt, 3,700 lumen, 240 volt LED luminaire @ Dollars and Per Each 33. Lump Sum Provide As -Built Drawings @ Dollars and Cents Per Lump Sum $ �90.�$ f OD G�-o PR7of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS `D�I�� A Dollars and S�� � gents $ ::3), (` I C - q-q- Total Price (Figures) OS/�C� /�� Steiny and Company, Inc. Date / Bidder 626- 338 -9923 626 -338 -8343 Bidder's Telephone and Fax Numbers Bidder's Authorized Signatur 'tle Vincent P. Mauch, CFO 161273 A. B. C -7, C -10 12907 E Garvey Ave., Baldwin Park,CA Bidder's License No(s). Bidder's Address 91706 and Classification(s) Bidder's email address' www.bpest @steinyco.com Oki.] . ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE The selection of lowest responsible bidder shall be based on the Total Base Bid amount above. The bid amount entered for the additive bid item below is for the sole purpose of City information. The City may, during construction, elect to construct one, all, or none of these additive bid items through Change Order(s). ADDITIVE BID ITEMS Al. 3 EA Replace Existing Streetlight Standard with New Contractor Furnished Type I Standard (Ameron Cat. No. 4- C1- 23 -F4) and Philips 65 watt, 4,886 lumen or GE 65 watt, 3,700 lumen, 240 volt LED luminaire @ Dollars �O and �� �� ' -- Cents $ $ Per Each A2. 4 EA Relocate Existing Type I Standard, Replace Luminaire with GE 65 watt, 3,700 lumen, 240 volt LED luminaire @ Dollars and �O O ' Cents $ $ Per Each A3. 3 EA Replace Existing Streetlight Standard with New Contractor Furnished Type II Standard (Ameron Cat. No. 6- C1- 28 -F8) and Philips 150 watt, 9,264 lumen, 240 volt LED luminaire @ Dollars and qa C nts $ T c ' ` Per Each A4. 41 EA Replace Existing Luminaire on Existing Streetlight Standard with New Philips 150 watt, 9,264 lumen or GE 157 watt, 9,600 lumen, 240 volt LED luminaire @ Dollars and �9j�.� F44a0 — Cents $ . $ Per Each A5. 104 EA Replace Existing Luminaire on Existing Streetlight Standard with New Philips 65 watt, 4,886 lumen or GE 65 watt, 3,700 lumen, 240 volt LED luminaire @ Dollars and O� Cents $ c $ 1W-( Per Each PUBLIC WORKS DEPARTMENT 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 INDEX FOR SPECIAL PROVISIONS FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4605 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 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 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 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 -8 PROJECT SITE MAINTENANCE 5 7 -8.5.1 Steel Plates 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best management Practices and Monitoring Program 5 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 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents and Temp Parking Permits 8 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 17 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 17 201 -1 PORTLAND CEMENT CONCRETE 17 201 -1.1.2 Concrete Specified by Class 17 201 -2 REINFORCEMENT FOR CONCRETE 17 201 -2.2.1 Reinforcing Steel 17 SECTION 209 ELECTRICAL COMPONENTS 17 209 -2 MATERIALS 17 209 -2.1 Electroliers 17 209 -2.2 Anchor Bolts 18 209 -2.3 Conduit 18 209 -2.4 Wire 18 209 -2.9 Photocells 19 SECTION 210 PAINT AND PROTECTIVE COATINGS 19 210 -1.1 General Requirements 19 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 19 300 -1 CLEARING AND GRUBBING 19 300 -1.3 Removal and Disposal of Materials 19 300 -1.3.1 General 19 300 -1.3.2 Requirements 19 300 -1.4 Asbestos Conduit Removal 20 300 -1.5 Solid Waste Diversion 20 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 20 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 20 303 -5.1 Requirements 20 303 -5.1.1 General 20 303 -5.5 Finishing 20 303 -5.5.1 General 20 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 21 308 -1 GENERAL 21 PART 4 SECTION 400 ALTERNATE ROCK PRODUCST, ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE 22 400 -2 UNTREATED BASE MATERIALS 22 400 -2.1 General 22 400 -2.1.1 Requirements 22 SP 1 OF 22 I� �- CITY OF NEWPORT BEACH t PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4605 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. E- 5069 -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 (2009 Edition), including supplements; and 5) Caltrans Standard Specifications (Latest Edition). Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of mobilization, traffic control, distributing construction notifications, construction surveying, concrete improvements, installing, removing and relocating street lighting facilities and appurtenances, and all other items to complete work in place." 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 SP2OF22 Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3--- CHANGES IN WORK (<IIc7 Wig 11I:L•\!d161 :7:/ 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 15 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4--- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Specifications and these Special 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. SP30F22 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 -7 ADJUSTMENTS TO GRADE. The Contractor, at his cost, shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor, at his cost, shall replace all City - owned water valve boxes, covers, and associated hardware with new 4TT boxes and covers if damaged and /or needs to be adjusted to grade. The Contractor will be required to contact Southern California Edison, The Gas Company, AT &T, cable television, and other utility companies to have existing facilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing street light standards and luminaires, service disconnects, pull boxes, sewer /storm drain manhole (including grade rings), meter or valve box covers, and all removed cast iron pipes as identified by the Engineer. Salvaged materials shall be delivered to a site specified by the Engineer. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of ten working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated 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 SP4OF22 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 (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 41h the first Monday in September (Labor Day), November 11`h (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 241h, (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 15`, July 4`h, November 11`h, December 24`h, December 25th or December 315` falls on a Sunday, the following Monday is a holiday. If January 1s` July 4th, November 11th December 24th December 25`h or December 315` falls on a Saturday, the Friday before is a holiday. If a working day conflicts with City- approved special events, the Contractor shall modify working day /hours to accommodate said event. In the event City Hall is closed between December 24`h and January 1st, the Contractor shall not perform any work during this period. The Contractor shall coordinate with the Engineer to determine if the City Hall closure will occur. 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. All work requiring the closure of vehicular travel lane(s) along a major roadway, as determined by the Engineer, shall take place between 9:00 a.m. and 3:00 p.m. only. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall SP 5 OF 22 pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." Mx419[ Q► Ill : 4 *31070.611M INN II�Ye7;ml.IwdiP►ti 7_ «11i1V 7 -8 PROJECT SITE MAINTENANCE 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during saw cutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http:// www. newportbeachca .gov /publicworks." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. Not placing construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. SP 6 OF 22 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 14.36.03OA23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in City right -of -way or property if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer, at least five working days prior to the pre - construction meeting, a traffic control plan(s) and detour plan(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be SP7OF22 signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection and street sweeping. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718 -3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs, which are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. SP80F22 7 -10.7 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 200 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a valid "A" or "C -10" Contractor's License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a valid Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS -BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As- Built" drawings. It shall be the contractor's responsibility to arrange for the appropriate changes to be made to the final drawing set, and present both a corrected Mylar hard copy and a compact disc (CD) with each drawing sheet saved as a .PDF as described in the City of Newport Beach Design Criteria Standard Special Provisions & Standard Drawings for Public Works Construction 2004 edition (revised June 23, 2008). The "As- Built" Mylar plans and CD shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SP90F22 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 shall include, but not limited to, the cost of all labor, equipment, and material for mobilization, providing bonds, insurance and financing, obtaining an equipment and material storage site, construction surveying, preparing the BMP Plan, preparing and updating construction schedule, providing submittals, attending all construction meetings, demobilization, completing all reporting documents, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include, but not limited to, the cost of all labor, equipment, and material for delivering all required notifications, posting signs and notifying residents and businesses. In addition, this item includes preparing traffic control plans prepared and signed by a California - Licensed Traffic Engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, temporary striping, flag persons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Replace Existing Streetlight Standard with New Contractor Furnished Type I Standard (Ameron Cat. No. 4- C1- 23 -F4) and Philips 65 watt, 4,886 lumen, 240 volt LED luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing street light standard and luminaire; removing and disposing existing foundation and pavement; constructing new foundation per CNB STD -200- L; furnishing and installing new Type I standard (Ameron Cat. No. 4- C1- 23 -F4) and Philips 65 watt, 4,886 lumen; 240 volt LED luminaire with shorting cap; furnishing and installing double fuse holder with 5 amp fuses (iron #HEX -AA) in adjacent pull box as per STD - 205 -L; backfilling, compacting, restoring surface (full panels) to match adjacent area including irrigation systems, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. Item No. 4 Relocate Existing Type I Standard, Replace Luminaire with Philips 65 watt, 4,886 lumen, 240 volt LED luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for relocating SP 10 OF 22 existing street light standard as shown on plan or as directed by the Engineer; removing and disposing existing foundation and pavement; removing, salvaging and delivering, or disposing the existing luminaire; constructing new foundation per CNB STD - 200 -L; furnishing and installing new Philips 65 watt, 4,886 lumen, 240 volt LED luminaire with shorting cap; furnishing and installing double fuse holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box as per STD - 205 -L; backfilling, compacting, restoring surface (full panels) to match adjacent area including irrigation systems, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. Item No. 5 Replace Existing Streetlight Standard with New Contractor Furnished Type II Standard (Ameron Cat. No. 6- C1- 28 -F8) and GE 157 watt, 9,600 lumen, 240 volt LED luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing street light standard and luminaire; removing and disposing existing foundation and pavement; constructing new foundation per CNB STD -201- L; furnishing and installing new Type II standard (Ameron Cat. No. 6- C1- 28 -F8) and GE 157 watt, 9,600 lumen, 240 volt LED luminaire with shorting cap; furnishing and installing double fuse holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box as per STD - 205 -L; backfilling, compacting, restoring surface (full panels) to match adjacent area including irrigation systems, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. Item No. 6 Adjust Luminaire Mast Arm: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for adjusting existing luminaire mast arm as directed by the Engineer, and all other items to complete work in place. Item No. 7 Repair Pole Base: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for repairing existing streetlight pole base as directed by the Engineer, and all other items to complete work in place. Item No. 8 Clean and Paint Existing Mast Arm: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for cleaning and painting existing streetlight mast arm as directed by the Engineer, and all other items to complete work in place. Item No. 9 Replace Existing Luminaire on Existing Streetlight Standard with New Philips 150 watt, 9,264 lumen, 240 volt LED luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing new Philips 150 watt, 9,264 lumen, 240 volt LED luminaire on existing streetlight standard; furnishing and installing double fuse holder with 5 amp fuses SP 11 OF 22 (Tron #HEX -AA) in adjacent pull box per CNB STD - 205 -L, and all other items to complete work in place. Item No. 10 Replace Existing Luminaire on Existing Streetlight Standard with New Philips 65 watt, 4,886 lumen, 240 volt LED luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing new Philips 65 watt, 4,886 lumen, 240 volt LED luminaire on existing streetlight standard; furnishing and installing double fuse holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box per CNB STD- 205 -L, and all other items to complete work in place. Item No. 11 Reset Existing Streetlight Standard to Grade: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for resetting the existing street light standard on existing foundation to grade, re- grouting, restoring surface (full panels) to match adjacent area including irrigation systems, and all other work items to complete work in place. Item No. 12 Rotate Existing Streetlight Standard: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for rotating existing street light standard, resetting on existing foundation to grade, remounting existing mast arm and luminaire to match existing orientation, re- grouting, restoring surface (full panels) to match adjacent area including irrigation systems, and all other work items to complete work in place. The degree of rotation shall be 1801 or as directed by the Engineer during construction. Item No. 13 Remove Existing Pull Box: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing existing pull box, abandoning conduit, removing conductors; backfilling, compacting, and restoring surface (full panels) to match adjacent area including irrigation systems; and all other work items to complete work in place. Item No. 14 Remove and Replace Existing Pull Box: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing existing pull box; furnishing and installing new #3'/2 F, or as directed by the Engineer, concrete pull box per CNB STD -204 -L and STD - 205 -L; installing 24" of additional wiring and coil (pigtail) within pull box; removing existing abandoned conduit and conductors; removing pavement, backfilling, compacting, restoring surface (full panels) to match adjacent area including irrigation systems, disposing of excess excavated materials, and all other items to complete work in place. Item No. 15 Remove Existing Pull Box and Connect Conduit: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing existing pull box, connecting the existing 1 -1/4" conduit with new appropriate -sized conduit and fittings, backfilling, compacting, and SP 12 OF 22 restoring surface (full panels) to match adjacent area including irrigation systems, and all other work items to complete work in place. Item No. 16 Install #3 -1/2 F Concrete Pull Box: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing #3' /z F, or as directed by the Engineer, concrete pull box per CNB STD -204 -L and STD - 205 -L; installing minimum 24" of additional wiring and coil (pigtail) within pull box; removing pavement, backfilling, compacting, restoring surface (full panels) to match adjacent area including irrigation systems, disposing of excess excavated materials, and all other items to complete work in place. Item No. 17 Furnish and Install New Single -Meter Type III -BF Service Cabinet: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing, constructing, installing new single -meter stainless steel Type III -BF Myers service cabinet as directed by the Engineer, base /foundation, and electrical components per CNB STD - 206 -L; installing 3" PVC conduit with pullrope from service cabinet to adjacent SCE service point vault as required by SCE; coordinating with the Engineer and SCE for service connection and core drilling; connecting conductors and wiring; providing 60 amp contactors and 2 -2P 20 amp breakers for the required circuits; labeling circuits per NEC; installing twist -lock photo electric cell with shield facing away from traffic within cabinet; removing pavement, excavating, backfilling, compacting, disposing of excess excavated materials, restoring surface (full panels) to match adjacent area including irrigation systems as directed by the Engineer, temporary patching or plating, controlling ground and surface water, and all other items to complete work in place. Item No. 18 Remove Existing Cabinet and Install New Type III -BF Service Cabinet: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing existing service cabinet including base /foundation complete; furnishing, constructing, installing new single -meter stainless steel Type III -BF Myers service cabinet including base /foundation as directed by the Engineer, and electrical components per CNB STD - 206 -L; installing 3" PVC conduit with pullrope from service cabinet to SCE service point vault; coordinating with the Engineer and SCE for service connection and core drilling; connecting conductors and wiring; restoring existing wiring and circuitry from existing cabinet; providing 60 amp contactors and 2 -2P 20 amp breakers for the required circuits; labeling circuits per NEC; installing twist -lock photo electric cell with shield facing away from traffic within cabinet; removing pavement, excavating, backfilling, compacting, disposing of excess excavated materials, restoring surface (full panels) to match adjacent area including irrigation systems as directed by the Engineer, temporary patching or plating, controlling ground and surface water, and all other items to complete work in place. Item No. 19 Modify Existing Type III -BF Service Cabinet: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for modifying the existing Type III -BF service cabinet to provide new 60 amp contactors and 2 -2P 20 amp breakers for the required circuits; coordinating with the Engineer SP 13 OF 22 and SCE; connecting conductors and wiring; labeling circuits per NEC; installing twist -lock photo electric cell with shield facing away from traffic within cabinet; and all other items to complete work in place. Item No. 20 Furnish and Install New 1" PVC Conduit with 2 #8 Insulated Conductors: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1" PVC conduit with 248 insulated conductors, 148 bare conductor, and appurtenances to make required connections from pull box to street light standard, wiring, and all other items to complete work in place. Contractor shall "chip" through existing foundation to install new sweep. Item No. 21 Furnish and Install New 1 -1/4" PVC Conduit with 2 #8 Insulated Conductors: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1 -1/4" PVC conduit with 248 insulated conductors, 148 bare conductor, and appurtenances to make required connections, wiring, and all other items to complete work in place. Conduit shall be installed under sidewalk/parkway or as directed by the Engineer. Item No. 22 Furnish and Install New 1 -1/4" PVC Conduit with 4 #8 Insulated Conductors: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1 -1/4" PVC conduit with 448 insulated conductors, 148 bare conductor, and appurtenances to make required connections, wiring, and all other work items to complete work in place. Conduit shall be installed under sidewalk /parkway or as directed by the Engineer. Item No. 23 Furnish and Install New 1 -1/4" PVC Conduit with 6 #8 Insulated Conductors: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1 -1/4" PVC conduit with 648 insulated conductors, 148 bare conductor, and appurtenances to make required connections, wiring, and all other items to complete work in place. Conduit shall be installed under sidewalk /parkway or as directed by the Engineer. Item No. 24 Furnish and Install New 2 #8 Insulated Conductors in Existing Conduit: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 248 insulated conductors, 148 bare conductor, and appurtenances in existing conduit, wiring, removing existing wiring, and all other items to complete work in place. Conduit ends shall be re- sealed with ductseal or approved equal. Item No. 25 Furnish and Install New 4 #8 Insulated Conductors in Existing Conduit: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 448 insulated conductors, 148 bare conductor, and appurtenances in existing conduit, wiring, removing SP 14 OF 22 existing wiring, and all other items to complete work in place. Conduit ends shall be re- sealed with ductseal or approved equal. Item No. 26 Furnish and Install New 2" PVC Conduit with 8 #8 Insulated Conductors: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 2" PVC conduit with 848 insulated conductors, 148 bare conductor, and appurtenances to make required connections, wiring, and all other items to complete work in place. Conduit shall be installed under sidewalk/parkway as directed by the Engineer. Item No. 27 Trim Brush and /or Tree: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for trimming /removing existing brush and /or trees complete as directed by the Engineer; excavating, backfilling, compacting, disposing of excess materials, restoring surface (full panels) to match adjacent area including irrigation systems, and all other items to complete work in place. This item may be removed or reduced in the contract at the City's discretion and no compensation shall be made for bid items removed or reduced. Item No. 28 Remove Existing Wires: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing existing wires within existing conduit as noted on Plans, abandoned conduit, as directed by the Engineer; and all other work items to complete work in place. Item No. 29 Remove and Salvage Existing Series Service Disconnect: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing existing series service disconnect and electrical components complete; coordinating with SCE for service disconnection; removing pavement foundation, excavating, backfilling, compacting, disposing of excess excavated materials, restoring surface (full panels) to match adjacent area including irrigation systems as directed by the Engineer; temporary patching or plating, controlling ground and surface water, and all other items to complete work in place. Item No. 30 Replace Existing Streetlight Standard with New Contractor Furnished Type I Standard (Ameron Cat. No. 4- C1- 23 -F4) and GE 65 watt, 3,700 lumen, 240 volt LED luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing street light standard and luminaire; removing and disposing existing foundation and pavement; removing, salvaging and delivering, or disposing the existing luminaire; constructing new foundation per CNB STD - 200 -L; furnishing and installing new Type I standard (Ameron Cat. No. 4- C1- 23 -F4) and GE 65 watt, 3,700 lumen, 240 volt LED luminaire with shorting cap; furnishing and installing double fuse holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box as per STD - 205 -L; backfilling, compacting, restoring surface (full panels) to match adjacent area including irrigation systems, installing pole number tag to match existing, SP 15 OF 22 relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. Item No. 31 Replace Existing Luminaire on Existing Streetlight Standard with New GE 157 watt, 9,600 lumen, 240 volt LED luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing new GE 157 watt, 9,600 lumen, 240 volt LED luminaire on existing streetlight standard; furnishing and installing double fuse holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box per CNB STD - 205 -L, and all other items to complete work in place. Item No. 32 Replace Existing Luminaire on Existing Streetlight Standard with New GE 65 waft, 3,700 lumen, 240 volt LED luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing new GE 65 watt, 3,700 lumen, 240 volt LED luminaire on existing streetlight standard; furnishing and installing double fuse holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box per CNB STD - 205 -L, and all other items to complete work in place. Item No. 33 Provide As -Built Drawings: Work under this item shall include, but not limited to, the cost of all labor, equipment, and material for marking up Contract drawings with as -built conditions and all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the City Inspector for review prior to payment request. ALTERNATE BID ITEMS Item No. Al Replace Existing Streetlight Standard with New Contractor Furnished Type I Standard (Ameron Cat. No. 4- C1- 23 -F4) and Philips 65 watt, 4,886 lumen or GE 65 watt, 3,700 lumen, 240 volt LED luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing street light standard and luminaire; removing and disposing existing foundation and pavement; constructing new foundation per CNB STD - 200 -L; furnishing and installing new Type I standard (Ameron Cat. No. 4- C1- 23 -F4) and Philips 65 watt, 4,886 lumen or GE 65 watt, 3,700 lumen, 240 volt LED luminaire with shorting cap; furnishing and installing double fuse holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box as per STD - 205 -L; backfilling, compacting, restoring surface (full panels) to match adjacent area including irrigation systems, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. Note: alternate bid item shall replace manufacturer as shown on plans with manufacturer indicated hereon. SP 16 OF 22 Item No. A2 Relocate Existing Type I Standard, Replace Luminaire with GE 65 watt, 3,700 lumen, 240 volt LED luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for relocating existing street light standard as shown on plan or as directed by the Engineer; removing and disposing existing foundation and pavement; removing, salvaging and delivering, or disposing the existing luminaire; constructing new foundation per CNB STD - 200 -L; furnishing and installing new GE 65 watt, 3,700 lumen, 240 volt LED luminaire with shorting cap; furnishing and installing double fuse holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box as per STD - 205 -L; backfilling, compacting, restoring surface (full panels) to match adjacent area including irrigation systems, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. Item No. A3 Replace Existing Streetlight Standard with New Contractor Furnished Type II Standard (Ameron Cat. No. 6- C1- 28 -F8) and Philips 150 watt, 9,264 lumen, 240 volt LED luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing street light standard and luminaire; removing and disposing existing foundation and pavement; constructing new foundation per CNB STD - 200 -L; furnishing and installing new Type II standard (Ameron Cat. No. 6- C1-28-F8) and Philips 150 watt, 9,264 lumen, 240 volt LED luminaire with shorting cap; furnishing and installing double fuse holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box as per STD - 205 -L; backfilling, compacting, restoring surface (full panels) to match adjacent area including irrigation systems, installing pole number tag to match existing, relocating signs from existing street light standard to new street light standard, and all other items to complete work in place. Note: alternate bid item shall replace manufacturer as shown on plans with manufacturer indicated hereon. Item No. A4 Replace Existing Luminaire on Existing Streetlight Standard with New Philips 150 watt, 9,264 lumen or GE 157 watt, 9,600 lumen, 240 volt LED luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing new Philips 150 watt, 9,264 lumen or GE 157 watt, 9,600 lumen, 240 volt LED luminaire on existing streetlight standard; furnishing and installing double fuse holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box per CNB STD - 205 -L, and all other items to complete work in place. Note: alternate bid item shall replace manufacturer as shown on plans with manufacturer indicated hereon. Item No. A5 Replace Existing Luminaire on Existing Streetlight Standard with New Philips 65 watt, 4,886 lumen or GE 65 watt, 3,700 lumen, 240 volt LED luminaire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing new Philips 65 watt, 4,886 lumen or GE SP 17 OF 22 65 watt, 3,700 lumen, 240 volt LED luminaire on existing streetlight standard; furnishing and installing double fuse holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box per CNB STD - 205 -L, and all other items to complete work in place. Note: alternate bid item shall replace manufacturer as shown on plans with manufacturer indicated hereon. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS fTi7Qi�Y� ]:i�A_1►UZy��41�►��K�ld[93��� 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Epoxy - coated Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 209 — ELECTRICAL COMPONENTS 209 -2 MATERIALS 209 -2.1 Electroliers. Street Light standards shall conform to the City of Newport Beach Standard Special Provisions and Standard Drawings STD -201 -L to STD - 209 -L, as noted on the plans. Luminaire Mast Arms (LMA) for Type I & II Standards shall be Ameron 4' & 8' LMA, respectively. Mast arms shall include top mount aluminum 4' & 8' LMA assembly with removable top cap. Luminaires for New Multiple Circuits A, B, C. D. E, F, & G LED Luminaires shall be Philips Lumec LED Roadstar Series 0 65 watt. 240 volt. GPLS- 65W49LED4K -LE3- 240 -RC -DMG 0 150 watt, 240 volt, GPLM- 150W79LED4K -LE3- 240 -RC -DMG SP 18 OF 22 Contact: Prudential Lighting Products, Steve Bong (951) 897 -2890. LED luminaires shall be warranted a minimum of 10 years from the date of project acceptance. Alternate Bid Item shall be GE Evolve LED Series: 0 65 watt, 240 volt, ERMC- 3- A8- 43 -A -4- GRAY -D 0 157 watt, 240 volt, ERMC- 3- A3- 60 -A -4- GRAY -D Contact: Pacific Lighting Sales, Wayne Howren (949) 597 -1633. LED luminaires shall be warranted a minimum of 10 years from the date of project acceptance. Luminaires for New Multiple Circuits H I J & K LED Luminaires shall be GE Evolve LED Series: 0 65 watt, 240 volt, ERMC- 3- A8- 43 -A -4- GRAY -D 0 157 watt, 240 volt, ERMC- 3- A3- 60 -A -4- GRAY -D Contact: Pacific Lighting Sales, Wayne Howren (949) 597 -1633. LED luminaires shall be warranted a minimum of 10 years from the date of project acceptance. Alternate Bid Item shall be Philips Lumec LED Roadstar Series: 0 65 watt, 240 volt, GPLS- 65W49LED4K -LE3- 240 -RC -DMG 0 150 watt, 240 volt, GPLM- 150W79LED4K -LE3- 240 -RC -DMG Contact: Prudential Lighting Products, Steve Bong (951) 897 -2890. LED luminaires shall be warranted a minimum of 10 years from the date of project acceptance. 209 -2.2 Anchor Bolts. Anchor bolts shall conform to the City of Newport Beach (CNB) Standard Drawings STD-201 -L to STD 209 -L, or as noted on the plans. 209 -2.3 Conduit. Unless otherwise noted on the plans, conduit shall be 1'/" Schedule 40 PVC per CNB Standard Drawings STD -201 -L to STD 209 -L. 209 -2.4 Wire. Wiring for street lighting shall consist of 2 #8 insulated conductors for each circuit with 1 #8 bare copper wire for grounding. Each street lighting circuit shall be color coded. Refer to project plans for color codes for each circuit. Fuse holders shall be model TRON #HEX -AA and contain Ferraz Shawmut Normal Blow GGU5 5A 120V Glass Fuses. Pull boxes shall be Eisel Enterprises No. 3'/2 F or pre- approved equal per CNB STD - 204-L. SP 19 OF 22 Type III -BF single -meter stainless steel service cabinets shall conform to the requirements of CNB STD - 206 -L. 209 -2.9 Photocells. Photocells shall be Fisher Pierce, twist lock. Photocells installed on service cabinets shall include control relays. Photocells on luminaires shall include shorting caps. SECTION 210 -- -PAINT AND PROTECTIVE COATINGS 210 -1.1 General Requirements. Add to this section: "The Contractor shall paint mast arms using Marine Grade Tiger Drylac Coating Series 38, color to be determined by the Engineer. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials. Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: httip://www.newportbeach.ca.gov/qeneralservices" 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly SP 20 OF 22 made to a minimum of two (2) inches." Replace the words "1-1/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.4 Asbestos Conduit Removal. Removal and disposal of segments of the existing streetlight conduit (including any hazardous materials handling, certifications, and manifests), removal or abandoning of existing pipes & appurtenances, disposal of excess excavated materials, final trench re- surfacing and all other related final surface improvements, and all other related work items as required to complete the work in place as indicated on the plans shall comply with current government- approved environmental standards. Wastes generated from the job site shall be coordinated with the Engineer. 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C., stamped concrete, pavers and brick within private or public property damaged during construction in a manner that matches the adjoining areas in structural section, texture and color." SP 21 OF 22 SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he /she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. All tree roots that are within the sidewalk construction area shall be removed or shaved down. SP 22 OF 22 d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." Q �EV�FpR� CITY OF = e NEWPO C'9C /FOPN�r City Council Staff Report Agenda Item No. 16 June 14, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department �tephen G. Badum, Public Works Director 949 - 644 -3311, sbadum ()newportbeachca.gov PREPARED BY: Peter Tauscher, Junior Engineer APPROVED:�� TITLE: AWARD OF CONTRACT NO. 4605 for FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT ABSTRACT: In an effort to rehabilitate the City's aging streetlight system to increase reliability and decrease energy and maintenance cost, staff requests City Council approval to award the FY 2010 -2011 Streetlight Improvement Project to Steiny and Company, Inc. RECOMMENDATIONS: 1. Approve the project plans and specifications; 2. Award Contract No. 4605 to Steiny and Company, Inc. for the total bid price of $585,510.75 and authorize the Mayor and the City Clerk to execute the contract; and 3. Establish a contingency of $59,489.25 to cover the cost of unforeseen work. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funds for this contract. Account Description General Fund Proposed uses are as follows: Vendor Steiny and Company, Inc. Steiny and Company, Inc. Account Number Amount 7013- C2202002 $ 645,000.00 $ 645,000.00 Purpose Amount Construction Contract $ 585,510.75 Construction Contingency 59,489.25 Total: $ 645,000.00 AWARD OF CONTRACT NO. 4605 for FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT June 14, 2011 Page 2 DISCUSSION: At 10:00 a.m. on May 24, 2011, the City Clerk opened and read the following bids for the FY 2010 -2011 Streetlight Improvement Project: Low 2 3 4 5 6 7 BIDDER Steiny and Company, Inc. PTM General Engineering Service, Inc. Pro Tech Engineering Corporation VT Electric, Inc. International Line Builders, Inc. KDS Inc., dba Dynalectric C.T. & F., Inc. TOTAL BID AMOUNT $585,510.75* $684,084.00 $691,082.00 ** $706,098.00 * ** $714,460.00 * * ** $734,853.00 $794,823.26 * As -bid amount is $573,810.75 ** As -bid amount is $697,482.00 * ** As -bid amount is $705,428.00 * * ** As -bid amount is $718,960.00 The total bid amount is approximately 20 percent below the Engineer's Estimate of $730,000.00. The difference between the estimate and low bid price may be due to the pricing uncertainty of the relatively new light emitting diode (LED) streetlight technology. The low bidder, Steiny and Company, Inc. ( Steiny), possesses a California State Contractors License Classification "C -10" as required by the project specifications. A check of Steiny's references indicates satisfactory completion of similar projects in other municipalities including cities of Beverly Hills, Simi Valley, and Rancho Cucamonga. The work for this contract includes removing 155 streetlight fixtures, installing new energy efficient LED streetlight fixtures, and upgrading four existing streetlight circuits per the City's Streetlight Replacement Master Plan. The work areas include portions Bayside Drive, Harbor Island Drive, and the Westcliff Community. Pursuant to the contract specifications, the contractor will have 100 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQX) pursuant to Section 15302 (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT— AWARD OF CONTRACT NO. 4605 June 14, 2011 Page 3 Submitted by: Director ent: A. Location Map FY 2010 -2011 STREETLIGHT IMPROVEMENT PROJECT CONTRACT No. 4605 AY 'p�G� yv BAKER qy PAVIpPIN / AV ( CITY CITY OF MEPPI AV R NLiON OR. 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