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C-4822 - FY 2011-2012 Streetlight Improvement Project
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC October 24, 2013 Mr. Moumtaz Kabany Unique Performance Construction, Inc. 1931 Newport Boulevard, Suite D Costa Mesa, CA 92627 Subject: 2011-2012 Streetlight Improvement Project— C-4822 Dear Mr. Kabany: On October 23, 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 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 6, 2012. Reference No. 2012000681584. The Surety for the contract is North American Specialty Insurance Company and the bond number is 214980. Enclosed is the Faithful Performance Bond. Sincerely, Leilani 1. Brown, MMC City Clerk Enclosure Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 - Fax: (949) 644-3039 - www.neu-portbeachea.gov THE FWAL PIROMM is pFOAL CA�TERDACT PPM +r= � I'F r 13CM No. 2147980 (I of 3 Originals) The pternsu» oitrges on this Bond IS $ 5,108.00 bft atft raft of $ 25.00 Ist $100k & $15 Balance thousand of the Cpntrad price. Y r .=11 T* WHEREAS, Pli o*W has executed or Is about to execute Contract Na 4822 and,[ the terms thereof mqutro the iurnishng of a Bond tar the faithful performance of the CantraM NOMb, THEREFORE, we4 the Pr1i7C o, and North American Specialty Insurance Company duly atrtll dud to thenad business under the Ie" of the of cal"bin as Sunft r (hereinshr "Sum, are held and firmly bound unto the Ciyr of Bead}, in the sum of Two MwKW Seventy-threa Thotrsami, EW FkaKhd Fatty ma 00 Dollars "MMM) L-&vfd money of the 1#AW States of Amerkxk said sum being 041 to 100% of the eslbneW amount of the Conrad, to be paid to the city of Newport Beed, hs successors, and assoraa: for which paymerd w D end truly to be nada, we bW ourselves our hint, executors and adrninlstrators; successors, or assigns, jointly and severally, firmly by t hese Present L LIELD177 71 ,7r-7.7 74 Ti I 11 77 1 11- Ila- 111f 17_ .. PIE =u M77 57 ! Y ' t !a 1• f s♦ i ✓♦ I 11- , North American Specialty Insurance Company NeIn30f Surety 681 S. Parker Street, #130 Orange, CA 92868 714-550-7799 Tatephone s:P5 .._._orized 5�rlaNrelt'#le Y Sig nahare Randy Spohn, Atto ey-In-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONffMgj0R AND 3S MUST IBE ATTACHED KX ACKNOWLEDGMENT of rFr+r■ r■r■H++r���irr+r rr rwrr. urwr...u+r+aururrruurur+a..uru rX+jrrr. State of California County of . _ c�'�G�" } ss. On ASA. 2.7. L before me, �,�-1s�YJ� ASt�„�v�, Maty Public, poaonally appeared ✓tsP 2 Af dd4 o , proved to me on the basis of satisfactory evidence to be the peison(W whose namef,,ft} islafe subscmt+ad to the within Instrument and acknowledged to me that he/shaftwAaxeculed the same In hisltaW#Wr authorized capadtyAO, and that by hisfierliek algnetureso orthe Instrument the persopM, or the entity upon behalf of which the psmoiDW acted, executes! the Instrument. I certify under PENALTY OF PMURY under the taws of the State of California ff* the foregoing paragraph is twoandcorrect WITNESS my hand and official sant. ABDUL KALIM Couwa.# 1800454 '^ W NOTARY PUNIC-CALIFO'RNIA N ORANGE C%NTY Signature �a���•-- .Ur_ WAN. Exn�ut.2, 20122012 isaa9 rruko a++:r+r++r+r.o•+�r■�+.ruwr++a a+r.ao..... vosrr ra:ar er rr+r+hrn OPTIO) AL OW-OR4f47M i Data of Docamert Type or Title of Document Number of Pages In Document Document in a Foram Language Type of Satisfactory Evidence: — Beraonaiiy Known with Paper Ideriticatlon it /Paper ideriioation .,,_,.r Gradate iMmess(es) Capacity of Sigler. —Trustee --Paww of Atttney EQ/CFO/0.00 V Pnmidett/ V= -President /^.secretary / Treasurer _ Other. r, 177151 . 31 Thumbprint of signer ❑ Chews nen u no MunhpMt CrtroenPft In 9011IM& ACKNOWLEDGMENT ....YIr.►r.........►1rrr►...r►err■■►1■■.. r..r1r..........o ■ Hr. error rr.►.rl1►..1 $Yat,e..�O.'f eswwnla county `+ar ) ss. On berate me, Naiary Public, pemonally appeared proved to me an the basis of saWactory evidence to be the persons) whose names am subscribed to the whhin instrument and admowledged to me tort hatshehhey axe the same In hisiherlthek authorized eapacity(ies). and that by hisitw/their agnaturee(a) o the instrument the persona), or the enttyupon behmV of which the parson(s) acted. execute the fnsbsananL I carfly under PENALTY OF PERJURY under the laws of the State of Caffornm that the foregoing paragraph is true arra correct. WITNESS my hand and official seal. signature {wap Seoul ... s... .... :Seoul:* ........ ..wrrrrru:.o.So4 psrrru:ur}.u.0 OPrXWAr_ RAFOM4770H Document in a Foreign Language Type or Sett %ctory ENdenda: Personally Known with Paper Ideriftation _ Pax Identitomon credible Maimse(ws) CapeORyorMOW.. Trustee PoweirofAttmey tEOICFD/COO Freddentt Vm& Prssttlent i Seaftry!Treasurer —Other, 32 Thumbprint of Signer p awrxhmIt nathunwyrmt OrMOWN to s NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24" of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attomey to execute on behalf of the Company bonds undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon. the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." lot C ee oat'. G' By 1`00 i SEAk ;m Steven P. Andaronn, PreaWent& Chief Executive officer orwashl»gton international Instance Co.,.., 221 1,"y�jLdt KAtaia &satin, Viet PreaWent of Nnsth A—dean Specialty Insurance Company 6? } aamalflm By a ar " David K Jermm, Senfot Viet Poesident of Washington tnkm»fiat»I lnwrman Company & vat President d1si rdt Attentcun Speaiaay been... Cannot" IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 151h day of September , 201 1 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this I 5th day of September 201 I , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Viet President of North American Specially Insurance Company and David M. Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. CFFK�4L BEAT. /� Q,LLNEt.SON lex itt 6TaTE OF UAWS 2 M Jill elson, Notary Public 1, James A Ca rater , the duly elected Assistant Secretai v of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington lntemational Insurance Company, which is still in full force and effect. IN WETNESS WHEREOF, I have set my hand and affixed the seals of the Companies this _22 day of March 20 12 I M7 lames A. Carpenter, Yica Presidenr & Auistm Searelary of Waehingian snmmanond ineurema Company & Nash American Specialty sentence Company State of CALIFORNIA On T / L a�AJ Clv I OA before me, ERIKA GUIDO, NOTARY PUBLIC, ® who 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 that he/she/they executed the same in his/her/tgeif authorized capacity (ies), and that by his/6ier/their signature(s) on the instrument the personM, or the entity upon behalf of which the person( 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. ERIKA GUIDO 2ONOTARY COMM. # 1893731 � WITNESS m d and official seal. 3PU8iODUNFOflNiA; yIl]fFIlI1 QRMIBUCCALF N r MyO mm. expkes May 5, W pt9 "J•'ii�2''''i• 11:1` ni )141— Though ._ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) '.... i • • i ! ! OFFICE OF THE CITY CLERK Leilani I. Brown, MMC January 11, 2013 Mr. Moumtaz Kabany Unique Performance Construction, Inc. 1931 Newport Boulevard, Suite D Costa Mesa, CA 92627 Subject: 2011-2012 Streetlight Improvement Project - C-4822 Dear Mr. Kabany: On October 24, 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 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 19, 2012, Reference No. 2012000681584. The Surety for the bond is North American Specialty Insurance Company and the bond number is 2147980. Enclosed is the Labor & Materials Payment Bond. Sincerely, �UVVvv Leilani 1, Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 - www.city.newport-beach.ca,us (1 of 3 Originals) Premium: Included on Performance Bond. `i• M M. 7— L r •:1 7TH'! i il' Iif :• a INWEREAS, tM City C MW of to Cky of Ni%KW Beak State of d'+aftnkk tM nvoiionh AOCowaft blas iM STREETl.HMc(XWIMPROVEMENT PROJECTT,eCenereat Ata = ft My of ftdrwpert Beedh, in *kt corftw Y with the Plans, , speftooraodw Contract Dootataw a In to dke of the PUftfia WaftCepmhntnt ofthe City of Newport• all of which ate kc tpor tfdthehhelnbyttdeIshow Ce * Unique Performance Construction, Inc. �. Pdrhoipat lhn exeaaea or 16 abohk to eaea,ts Conttad Na 4M OW ww lthereof requirt the fi2nwift of a #bond, praA&V that if Polk ppl or any of �+mMradom, shall fall to pay fbr eny materlala, provistons, or other mglpfa hoped K upo, to unftmorod North Ammencan Specialty InsuuraaTHOWFOnce Company bnalners under to laws of the State of Calywrk ae Wy � ftW to taw *WJY bMW Urfa do MY of Nahspont 6eaoh in the of"MMI T C NMCT tt loo aefNt�ialf a alncaud Payable by the City of Newport Be Under le" am of Cot equal act I paymerk well and"to the meds, we bkhd MoApes, ow hexa, exeetAM and ank, ermoeews, or earns, jointy and my MAY, t&mly by these Present ** Two Hundred Seventy -Three Thousand Eight Hundred Forty and 00/100 THE CONDITKW OF THIS OKMTION 18 SUCH, that i the t'f wool or the P SoboolMractxe,104 to pay far any rtmedme, orb, or other wip0les, MgAwehetoe or m used in, upon. far, or about the parorwroe of the watt aroma otee to be dons, or fa 6 work or labor thereon of say kind, or for Mo Moe due Under the Unwno"mwt trwAM with mop" to muh work or la bw. or for my anhmlyds inquired to be deducted, wmheid ; over to the Srnployma t Devabpment Depwww t from the wages of empbyees of the and moots puraumf to Section 13020 of the LkwvVWymw t howarm Cads wN to auc h w oik mW labor. Oran the Surety sr8 pay for the sane, kh aT atuount+at excs"Md a SNOWS fee, i byeffied by dw CaciMt 09 WA ked by Se , a re the 0" Cods of the 81216 oftaalilbmfa. FF The Bona shall Kure to the bsateid of any mid ab parasite, cwnpaaee, said enWad to toa dmInn under Sealion 3181 of Bae CattlWfla 0W Code so as to glve a rigid at to #Wn ar their essfam itwy a d brcuahl upas fids gam, as m**W by and 1n a000rd� the p of Sections 3247st. seq. of the Civil Coag of ft State of camwTda. And Ssrext, for vrs m mashed. hwe+by atlp Ades and atm that no dfenge, es�rtden time, aderI & or addiBortsts bte teatro of the Cotgraet er to the wank to be perfortrtad or the speftO&M atxampeft do same dial in easy »iee affect bs obr on IN B0* and it dam hweW wavv a nobw of any such cwQ% ooaemion of *m, atteratiarts or adtgom kD the teams of the Cor*vd orto Bte work aarto tlts moons. in the event that any PWAW above earned exa fed thk Bond as an kdmdLOL it lie apeed that ttteaeefltofanysuch abdrd* a= aaEaftSaaetytramdaobW** IN WITNESS WHEREOF, iiia kwkw m t has boon duty executed by the abo* rwwLd prkx* i and Sra'aty. on the 22nd d y of March :OSZ I Unique Performance Construction, Inc. B +�,,.Q� y�Q;.r"" f'iwe 0(Canbxc*W (PrlrlrlpeQ North American Specialty Insurance Company Nerve of Surety 681 S. Parker Street, #130 Orange, CA 92868 AdaON bf Suroty 714-550-7799 Telephone � 4 • ❑, , � •.: •::i l-__:. • _ � +.1.91 v a• 34 s•.•r.e.nisi>sw.u•w♦ces;eaeN;Oa•••i;eub.0 ree.>s.ew se»>us.>sa>.6a> 4st stab d cookn Cormbr le TJf.ar.�rL } d F L>—Al ABDUL KALIM t 3� Comm. # 1800484 {� NOTARY PUBLIC CALIFORNIA 4�1 0 t,. cooly My rBbr. kxa 1K als[>ss>••aaAl>steeMlt>Ilfesa>rsse4>;R>stair>:»esa>y{•sie>tsa.>arrsssa>; s)}I; •>�>t Type or rift of Do=wnt tl 2 L 'dya-- #,rlvlp ',7.... TYPO of epaudywMhKrrown P4W IdenftAftn ) Capa* of ftw. ..._.T `ED! CFOIC.'QD +reafeent! Vias�"Mwfwide�+f / Seueiary /Tr�mner Of1w iti}i71�C[C Ell Tkw*p" ofSWW p or sa*wn+t I;a.Ahets rmr+rr.mrirfrHerarmmar.mrrrerlrrrrsrkrrrra..aaaa.#arMir4.gMase;aiMa! sa ')� County of x m on before me, No Pubk pWreonelf>r appeared proved to me on ft basis of sBAisiac m evidence to be the person(s) whom ro subaWROd to the *Atvin irrba(arnt and adawdedged to me tat hhe/ch&Vyay use* own In fftherJaw suti mod aspwAy(ma), and that by hislhert h* stgnatums(s) ion imbuvm t the p woon(s), or the eitdty upon beW of Wh(dx thm pereao(s) acted, ammAud i tetranerd. (arrq maaumrwawuarra eerroarrrraeerr.u..aemaarr ea. oerrra arwrq rreerm u.ultaMa� QPr10FfAL0iFwOltatAt7i7fq ' i r::n � +.... Haat Typm or TM orpo*ATm t Nierwber Of Pegaa to DDOMOlt DoamrAW h a Fmian tenguopm Type of ssosfmo emmm —PawsarwHy t OO" wkh Paper w wwwatiaw .� ) COP* r of SOW. �Tnrstsm . i POWer of Attwnmy CEOICFtttcoo -� tvbmr�mldwt/sftm*cylTr� VAW 38 (� cnarnm.s m er3h"PtK 1s SWRO . NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester. New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000.000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24" of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seat of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such. Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \"OrM1unogi7n w,exwey \aA4 V\urY/ry7//O/4 aq �OgQapd%jf•.,•L ����ppS.leNq[/a�_ 3 �•:,Pryc BY 1'.}'kpilr°JyrsG Via+ SEAL .oa sm.nn P. Anaersnn,Pre:ia.macmer cneenu.e omar nrwashingron rnrervannnnl msnrancc company �` SEAL 'a`g 1873 'm= & Senior vire President of Norah .Amerienn5 Ity lnsuranee Com pj n 3 x.: c d' ptn //AMPS�i.�J llliifi\q\\\S BY navld M. Leymeo. Senior Vice Yresideni of WnsM1inglon lnternfltionnl insmm�a Company iM &Via Presidrot of North American Specialty rnsnrana Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 15th day of September , 20 11 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 15th day of September 20 t I , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman . Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company. personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL DJILL NELSON /C�. /„c+�,, f�-�L-•�;L rC. NMARYPURIC-STATE OF ILLINOIS w COM O"EXPRE99"2 D. Jill Kelson, Notary Public I. James A Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 22 day of March '20 1 lames A. Carpenter, Vice President A, As vrnr Smneory of Washinynon International Insurance Company A North American Specialty tnsmana Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA On ICJCJJ U ! before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared RANDY SPOHN ® 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/sire/They executed the same in his/4eF/their authorized capacity Cies), and that by his/heF/theif signatures) on the instrument the personN, 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. ERIKA ©UIDO It o COMM. # 1843731 *rWITNESS r^ hand and official seal. NOTARY PUBLIC CALIFORNIA o ' - ORANGE COUNTY ® 1 My comm. exW_ reh'1aY ._�s - 5, 2013 L Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Rt ,�� ��! "Decorded in Official Records, Orange County RECORDING REQUESTED BY AND Tom Daly, Clerk -Recorder J WHEN RECORDED RET E 104 9 Phi 9' 24II'I NO FEE � *$ R 0 0 0 5 3 1 0 3 3 7$ City Clerk - 2012000681584 10:40 am 11/06/12 City of Newport Beach - 47 405 N12 1 3300 Newport Boulevard r ,10.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION i1 NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Unique Performance Construction of r Costa Mesa, CA, as Contractor, entered into a Contract on April 10, 2012. Said Contract set forth certain improvements, as follows: 2011-2012 Streetlight Improvement Project - C-4822 Work on said Contract was completed, and was found to be acceptable on October 23, 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Specialty Insurance Company. �i Public Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �j ,p��j �� Executed on U G��f� v� "`1, 0I�L— , at Newport Beach, California. BY City Clerk �f� COUNIOM Dail` FJVr,-H CITY O - ? J NEWPORTBEACH(R� Agenda Item No, October 23, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb@newportbeachoa.gov PREPARED BY: Peter Tauscher, Junior Civil Engineer APPROVED: l4 FY2011-2012 Streetlight lm r =ment Project -- Completion and TITLE: Acceptance of Contract . 4822 ABSTRACT: On March 13, 2012, City Council awarded Contract No. 4822 to Unique Performance Construction, Inc. (UPC), for an amount of $273,840.00, and established a 10 percent contingency allowance. Work is now complete and staff requests City Council to accept and close out the contract. RECOMMENDATIONS: Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 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 7013-02202002 $ 261593.00 $ 263,593.04 DISCUSSION: The contract consisted of replacing 42 higher energy use streetlight fixtures with new energy efficient LED units as part of the rehabilitation and upgrade of existing deteriorated streetlight circuits identified in the City's Replacement Master Plan. The work area included the Anniversary Tract, University Drive, and a portion Irvine Avenue. 1 of FY 2011-2012 Streeflight Improvement Project - Completion and Acceptance of Contract No, 4822 October 23, 2012 Page 2 Overall Contract Cost/Time Summary Construction Final Cost at Contingency. Actual Contract Time+ Time Contract Award Completion Target Contract Extension (Under) Amount Change or Over $273,840,00 $263,593,00 10% -3,8% 48 16 over The contract has now been completed to the satisfaction of the Public Works Department, A summary of the contract cost is as follows: Original bid amount: Actual cost of bid items constructed: Total change orders: Final contract cost: $273,840.00 263,593.00 0.00 $263,593.00 The final overall construction cost was 3.7 percent less than the original bid amount, By using the LED lighting the project scope was changed and two lights were eliminated from the original project scope providing significant savings, A summary of the added project schedule is as follows: Estimated completion date per July 2011 Schedule: April 26, 2013 Project Awarded for Construction: March 13, 2012 Contract Completion Date Plus Approved Extensions: July 27, 2012 Actual Substantial Completion Date: August 17, 2012 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302 (replacement of existing facilities Involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: This agenda item has been noticed according to the Brown Act, In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. Submitted byi, i David A. Webb Public Works Director Attachment: A. Location Map 2 of FY 2011-2012 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4822 r�tsri.�r�rr►;rrs; MER A, CITYOF NtEuRRftIIAAV � AN4GRINGftlR OR. OR CITY ht COSTA MESA 4� { OF k p RAr. IRVINE Wtsom ST Yt HSS rreeslrr 4R fRfl# 5t � „m ST O� t fytH r spa 3i c<' BAgaV CITY YO �J 80yrz 6 y � �r t s �4• y��$y i'I�FT#- 0 BEACH Y �. £ OR PROJECT LOCATION q (IIlVf�1�M1AI1.{NppSHOM i(NNYf('I♦d�tyq 1 SHM IRVY.11 W «... �` VECINrFY r�tsri.�r�rr►;rrs; CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 31st day of January, 2012, at which time such bids shall be opened and read for 2011-2012 STREETLIGHT IMPROVEMENT PROJECT Title of Project Contract No. 4822 $ 310,000.00 Engineer's Estimate Oen G. Badum c 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 C-10" For further information, call Peter Tauscher, Project Manager at (949) 644-3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results City of Newport Beach 2011-2012 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4822 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 ►^A City of Newport Beach 2011-2012 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4822 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — 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. Contractor's License No. & Classification II \r\,\ G ,k <,- Bidder Authorized Signature/Title k -- `3\ - '-G lti Date 4 Bond No.: UNIPE-206 City of NewQort Beach 2011-2QJ2 ST REETLIGHT IMPROVEMENT PROJECT Contract No. 4822 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree toJbe jointly and severally held and firmly bound to the City of d Newport Beach, a charter ry, i , n the principal sum of Ten Percent Of The Total Amount Bid diollars (3 107 Of Bid ), to be paid and forfeited to the City of Newport Beach if the bid p6posal of the undersigned Principal for the construction of 2011- 2012 STREETLIGHT IMPROV EMENT PROJECT, Contract No. 4822 in the City of Newport Beach, is accepted by the Cfty Council of the City of Newport Beach and the proposed contract is awarded to the Principal, Old the Principal fails to execute the Contract Documents in the form(s) proscribed, including the required bonds, and original insurance certificates and endorsements for the constZion of the project within thirty (30) calendar days after the date of the mailing of 'Notification of ward', otherwise this obligation shall become null and void. if the undersigned Pri apal executing this Bond is executing this Bond as an individual, it is agreed that the death d any such Principal shall not exonerate the Surety from its obligations under this Bond. Wft m" our hands this, 25th dey of January , 2012. Unique Performance Construction, Inc. _ Name of Contractor (Mncipap-Authorized SignaturelTMe North American Specialty j� Insurance Company p F ,�X Name of Surety ! Authorized AgaMlSiggnatu� 681 S. Parker Street, Suite 130 Orange, CA 92868 Matthew R. Dobyns, Attorney-in-fact Address d Swvty Print Name and Tile (714) 550-7799 Telephone (Notary acknowleEpment of Princloai & SUrGtV must be attached) NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MIEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTFIEW R. DOBYNS .LOIN"I'LY OR SEVHI4ALI-Y Its true and lawful Attomey(s)-in-Pact, to make. execute, seal and deliver. for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount or., FIFTY MILLION ($50,000,000.00) DOLLARS ']'his Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24" of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director. any Senior Vice President, any Vice President, any Assistant Vice President. the Secretary or any Assistant Secretary be, and each or any of (hem hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be ' binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." IN 0\At1T / ////1.i� 5?tom By f/r 1 — wrvwuwaPo 44T�,RFoejglsGgg SEAL;m_ $11'.. P.Anderson, Preahlrm A ClderGrcrmhe omarnrvmhmpmn International insurance Cnmpvay i` SEAL e':ez� =m+s 1973 = Ranlor vice President North American specially Insurance company o: a,% ��'yhti0N rI m 4N.. ///h•('I�jd�a` ?fi/lI111111111011yy By DoiId PI. Lotman. senior Vitt Reddeni of R'ashingmn International fnsimance Company � d Vale President nT'onh American Speeiahy Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed; and these presents to be signed by their authorized officers thisI155n day of September . 2011 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 15111 day of September 205 before me; a Notary Public personally appeared Steven P. Anderson . President and CI -10 of Washington International Insurance Company and Senior Vice President of North American Specially Insurance Company and David M. Lavman . Senior Vice President of Washington International Insurance Company and Vice President. of North American Specialty Insurance Company, personally known to me, who being by me duly sworn; acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies.--- G ompanies. _ L_WW0TMV.P0:1 LL NELSONLIC - STATE OF ILLINOISD. Jill Nelson, Nota Public COMMON ExPRESffi0ans Notary I. James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy DID Power of Attomey given by said North American Specially Insurance Company and Washington. International Insurance Company, which is still in full force and effect. IN WIT MISS WHEREOF, I. have set my hand and affixed the seals of the Companies this 25th day of January , 20 112 Jones A. Carpenter, Vice Presidem R Avismm Secretary of Washingmn Inmmnionel [as umuis, Company R Noah American Specothy Instainue Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On January 25, 2012 before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the person(s) whose nameH is/are subscribed to the within instrument and acknowledged to me that he/sloe/they executed the same in his/her/their authorized capacity (+es), and that by his/ice/their signature(s) on the instrument the person(3), or the entity upon behalf of which the persons) acted, executed the instrument. 9 ERIKA GUIDO I certify under PENALTY OF PERJURY under the laws of the State of p COMM. # 1843731 California that the foregoing paragraph is true and correct. '� NOTARV PUBLIC CALIFORNIA 3 ORANGEGOUNTY WITNESS my hand and official seal. My mmm. expires May 5 2013 �r ' natu otary �' OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. [d_1 ]_TO WLK A_11 u 14 ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED © ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT ACKNOWLEDGMENT e o a o e e o. e o. e v e e u.. e a e e e e a a s e. o e v o e o o e o e o o o o m. e m u a s s. e m u a e e e u e m e o o o v o o o o o v e s. e er State of California County of 01'Ann1) le- ) ss. On -2— before me, Public, personally appeared aQ!2y N2t Notary ,who proved to me on the basis of satisfactory evidence to be the person(O whose name(('j is/afe subscribed to the within instrument and acknowledged to me that he/sheA41ey executed the same in his/hed4heir authorized capacity(ies), and that by his/hefMieir signatures(sy on the instrument the person(o, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY foregoing paragraph is true and correct. WITNESShand and offiiicci/al�seal. Signature under the laws of the State of California that the • ASDDL KALIM N . COh1fA.4 1BOD454 40 NOTARY PV?LIC-CAL1170RNIA N 9flAry'OE COUP -.2; £011 .Iv..r ...woe...•^.-.a-a...w .�.-� (seal) a e e e. e v u. a a e e. o a a e e e e. u e e e e m.....ue nn. s c m n m v u u u u . e® e s e e e e m e.... o v. m e... v o m. o o e. OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 0 Thumbprint of Signer F1 Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT • o. u. a v. e.. e m. e o o m e o o o e s. o o v o. e v o o o o e o v m®• o u a. o e n e e u n c a v vi c e e c. c e e v v u s e.... n n n uI State of California County of On Public, personally appeared ss. before me, 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) • a o o a e o. e.. e a e e e....... u u e e u••e e e v o o. e. o a M e e m o e e o u n m e o m o. o. o. m o e e e o o s. e e s a e e . n. OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other 7 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. City of Newport Beach 2011-2012 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4822 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: State License Number: Bidder Authorized Signature/Title 0 City of Newport Beach 2011-2012 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4822 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form I! Please print or type. R 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 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. NO 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 To: 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. iul 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. LIM 11 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. N�) 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. Uy 1 Bidder ����� Authorized Signature/Title 12 zlA Unique Performance Construction Ince 1931 Newport Blvd. # D Lic# 801860 A,B Costa Mesa, CA 92627 Tel: 949-645-5025 Fax: 949-631-7591 6� PROJECTS - COMPLETED - REFERENCES 'j �fJ Project Name Location Type Owner Contact person Phone Initial Final Start Finish City of Bellflower Walnut Street Improv. Modification ' City of Bellflower Miranda Cole(j 562-804-1424 $326,729 08/01/11 Caltrans No. Huntigton Beach Traffic Signal Department of Danh Thai 949-936-3588 $60,746 $63,746 10/31/11 11/18/11 12A1366 Modification Transportation City of Brea Traffic Signal@Birch St Modification City of Brea Warren Seik , 714-990-7742 $112,000 $117,000 06/06/11 08/30/11 City Of Seal Beach Eisenhower Park Rest Remodeling lCity Of Seal Beach Z-�David Spitz 562-431-2527 $60,600 $69,257 102115111 04/15/11 Sar; an -Hills-- San Juan =__ -Corrosion — City of -San Juan Eric P.Bauman 949-487-4312 $354,702 $359,000 10/24/10 01/21/11 Corrosion System Capistrano Control Capistrano City -Of -Orange -Can non -Street -Slope— " "- 'City of Chris Saxe 714-744-5526 $29,900 $29,900' 71715/10 12/17/10 Bridge Repair Improvements Orange City of Laguna Cliff Dr/Beach St. Traffic City of,fir J' Mark Trestiko // 949-497-0300 $59,733 $90,000 04/26/10 08/25/10 Beach (CIP 370) &Legion St. Improvements Laguna Beach Caltrans # Los Alamitos @ Sidewalk & Department of Moussa Essayli 949-936-3592 $193,690 $225,000 03/01/10 06/25/10 12-OJ4804 Katella Traffic signal Transportation Caltrans # Huntigton Beach Traffic Department of Mohamed EI Saye 949-936-3592 $224,467 $250,000 11/16/09 05/07/10 12-OK0004 Signal Transportation Caltrans# Nyes Place Modify Department of Moussa Essayli 949-936-3583 $86;000 $86,000 08/27/09 12/31/09 12A1218 Laguna Beach Intersection Transportation Caltrans # Baseline Rd. Rte 15 Department of Imad Abugharbieh 951-232-3610 $229,580 $250,000 08/17/09 10/20/09 08-OF7704 Fontana traffic signals Transportation Birch St. & Civic jBrea Traffic City of Brea Raul Lisez 714-990-7672 $115,250 $137,000 06/15/09 08/20/09 Center Traffic Signal Signal ADA Wheelchair— VariousJocations-- Improvements City of Lake Bill Seitz 949-300-9132 $185,250 $240,000 03/01/09 06/16/09 Access Ramaps Forest ADA -Ramps Monrovia Improvement City of Monrovia Jed Risk 626-932-5573,$85,000 $115,000 01115/09 03/01/09 Fire'Station(-No-7)- Santa -Ana Modernmizatio City of Santa Ana Terry Doughrety 714-615-0891 $358,500 $400,000 10/01/07 02115/08 Central-Restmo anta Ana Modernmizatio City of Santa Ana Tyrone 714-615-0887 $250,000 $325,000 08/25/06 01/07/07 Remodeling 'j �fJ City of Newport Beach 2011-2012 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4822 NON -COLLUSION AFFIDAVIT State of California ) ) ss. Countyof OCWnG2) M o wn v Oct_ DavA being first duly sw rn, deposes and says that he or she is y �i A4`.1i,— of UnA I Q Po r, the party making the foregoing bid; that the bid is not made in the interim of, or on behalf of, anyundisclosed 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 Californi a forgoing is true and correct. ut l%cA L Bidder Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this7,e?X2—day of2012 by /i�l�LtL proved to me on the basis of satisfactory evidence to be the pers n(p f who appeared before me. I certify under PENALTY OF PERJURY under foregoing paragraph is true and correct. ABDL L KALIM COMM. NQTAR18FORM jSEAL] N ORANGE COUNTY A 11Unn/ �ry Cauu Eae Jm.2, 201E t 13 the laws of the State ,of California that the Notary Public My Commission Expires: 2- City of Newport Beach 2011-2012 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4822 DESIGNATION OF SURETIES Bidders name_ VCY lTrw a"U— Liv.<t'cw��p_n�1 n 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): e -VIA N 1 O \ i� - P"vac Sfi«1 , Tel : -4 N SSa_-A-A9 (R. S . R .1; 16-� ? . 4144 S&e WkV _ i�tg?�-yil-y2� �L LgSuKtnv� �iu u�'�amQanr: /doa QoVt strap -4 Na,e.frkt66.� lnsu,ra--u S" r,,.ci , 14-S' �'Sf.� 'fin %ANw�CA`12�o2 Te 1:�1�3�1�6156 14 City of Newport Beach 2011-2012 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4822 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name, �. N nn an Sfrk r F o lh c Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2011 2010 2009 2008 2007 Total 2012 No. of contracts 6 2 L� 3 Total dollar Amount of Contracts (in L4 5 f6� 11,315 II ) oc� � 1 20 o So,, p SO Lf 6 �$ Thousands of $ No. of fatalities ® O No. of lost Workday Cases No. of lost workday cases D V involving D 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 UKkA k� Pvn a n� cfr4��ria . 1h C - Business Address: \U� N ,_ N 1 _' A, (qtr, cn. CA g1J21 Business Tel. No.: qu A _ b u s- Sp2 5 State Contractor's License No. and Classification: Fo 1 i? 60 (� a 1P> Title ®cc ,AP The above information was compiled from records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partnersloint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnershipfjoint 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 ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of 11 On �eJ � `' L (DATE) personally appeared before me, '� 71i. , NOTwRY) ❑ personally known tome - OR - ,.� ABDUII(AIIM�� °' = COMtA.11 ,aooa�a 1�pp �p HOTPRY PUELIC-OAVORNIA VI Vl ONANGE COUNTY /\t MyCOAu EZP. Jut1, 1012 t proved to me on the basis of satisfactory evidence to be the person(/whose name(-sj' is/arisubscribed to the within instrument and acknowledged to me that he/shej ey-executed the same in his/freTtreiT authorized capacity(i,.ky, and that by his/'..� signatures(son the instrument the persty-s'), or the entity upon behalf of which the person(aj acted, executed the instrument. . certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is [rue and correct. WITNESS my hand fficial seal. 'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF O UMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT THUMBPRINT OF E SIGNER = n APA 5/99 VALLEY -SIERRA. 800-362-3369 TrrLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF O UMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT THUMBPRINT OF E SIGNER = n APA 5/99 VALLEY -SIERRA. 800-362-3369 City of Newport Beach 2011-2012 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4822 ACKNOWLEDGEMENT OF ADDENDA Biddersname tie r n„r i� t �kc 4', oma, 1h L The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: re 17 City of Newport Beach 2011-2012 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4822 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: U n Q.� d Per Frk� o l Business Address: \G3\ Ne.1;ej�VALvA-.r sra Mesa SGA aL6L9 Telephone and Fax Number: CNQ- 6U S _ 5 c0 S. V0.4cmq G31 -1 �I California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: 12 - -isc\ Expiration Date: `3 - 3l _200 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: 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 • Corporation organized under the laws of the State of 9=! Q rh � a iia The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: n a +n a -- For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; it c� VOL Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. N Have you ever failed to complete a project? If so, explain. N � 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.)? es No 19 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. U (Print name of Owner or President of Corporation/Company). Signatureffitle Title l- '�Ik_2b\t Date On , / � '�'� before me, Notary Public, appearedr,�m n2 A who proved to basis of satisfac ory evince to be the p rso%4 whose name is/ subscribed to instrument and acknowledged to me that he/sheM*y executed the same in his/herrtffir capacity(ietf, and that by his/hes#froir signaturoKon the instrument the persow, or the behalf of which the person acted, executed the instrument. personally me on the the within authorized entity upon I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han aFid o icial seal. N Notary Publi 'n and f tate My Commission Expires: 20 ABDUL KAUM .#j800454 (SEAL) ❑ N01mf PUBLIC CLIF" N d ORANGE Cog" y pLv'mm 6x7 An.; �Gti City of Newport Beach 2011-2012 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4822 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: o. CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND o 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 2011-2012 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4822 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this �Of1day of IiC, 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City("City") and UNIQUE PERFORMANCE CONSTRUCTION, 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, furnish and installing streetlighting facilities and appurtenances, restoring grouted improvements, potholing, 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. 4822, 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. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 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 Two Hundred Seventy -Three Thousand, Eight Hundred Forty and 00/100 Dollars ($273,840.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 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 Unique Performance Construction, Inc. 1931 Newport Boulevard, Suite D Costa Mesa, CA 92627 949-645-5025 949-631-7591 Fax F. 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. a. 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. d. 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. 2. 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 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. 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. 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 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 OFFICE OF THE.CITY ATTORNEY Date: i Z-- Aaron C. Harp City Attorney\v �2Ew A u = a C�QiGOP��' no CITY OF NEWPORT BEACH A California Municipal Corporation and City and Chart r ity Date: ��� ' ly: Nancy Gard Mayor UNIQUE PERFORMANCE CONSTRUCTION, INC. California Corporation By: (Corporate Officer Title: President Print Name: Moumtaz Kabany Date: By: (FXancial Officer) Title: Treasurer Print Name: Moumtaz Kabany Date: 3 /2 .2.0 � Z THE FINAL PRE61Y11t1 to PREDICATED ON PRICE CONTRA (I. of 3 Originals) 2011-2012 STREETLIGHT IMPROVEMENT PR®JECT CoatMct N2.4822 BOND NO. 2147980 �_ . • : tri.:, i - �..• r The premium charges on this Bond 19$ 5,108.00 being at the fate of $25.00 1st $100k & $15 Balance thousand of the Contract pnoe. WHEREAS, the City Council of the City of Newport Beach, State of California, by ction adopted, awarded to Unique Perfornumoe Construction, Ina, hereinafter designated a the °Prindpai, a contract for construction of 2011-2012 STREETLIGHT IMPROVEMENT PROD CT, Contract No. 4822 in the City of Newport Beach, in strict conformity with the plans, draongs, specdicat=, and other ConDaet Documents maintatrmed In the Publlc Warks Department the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Pdrmcipal has executed or Is about to execute Cordract No. 4822 ana the terms thereof require the furnishing of a Bond for the faithful performance of the Contrail, I NOW. THEREFORE, we, the Principal, and North American Specialty insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety), are held and firmly bound unto the City oftVeJypOrt Beach, in the sum of Two Hundred Seventy -Three Thousand, Eight Hundred Forty and ppp H00 Dollars ($773,840.00) lawful money of the United States of America, said sum ging eqI to 110% of the estimated amount of the Contract, to be paid to the City of Newport BearM its successors. and assigns; for which payment well and duly to be made, we bind ourselves our Mrs, executors and administrators, successors, or assigns, Jointly and severally, firmly by hese pmsenL THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to ablde by, and well and truly IW and perform any or all the work, covenants, conditions, and agreements in the Conlract Documents and any aftenation thereof made as therein provided on its part, to be kept and performed at the tine and in the manner therein specified, and In all respects according to fts true Intent and meaning, or falls to Indemnity, defend, and save harmless the City of Newport Bead , fts officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, In an amount not exceeding the sum specNfed in this Bond; otherwise this obligation shall bec�me nub and vold. 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, indbding reasonable allomeys fees, incurred by the City, only In the event the City is required to bdrig an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value recaked, stipulates and agrees that no change, extension of Itime, alterations or additions to the terms of the Contract or to the work to be performed thereunderi 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, akerations or additions of the Contract or to the work or to the specifications. This Faitifiul Performance Bond shall be extended and maintained by the Principal ljt full fans and effect far one (1) year folWNIng the date of formal acceptance of the Project by the clity. 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 obligatlons under this Bond.j IN WITNESS WHEREOF, this Instrument has been duly executed by the Principal) and Surety above named, on the 22nd day of March 2012. Unique Performance Construdion, Inc. (Principal) North American Specialty Insurance Company Name of Surety 681 S. Parker Street, #130 Orange, CA 92868 Address of Surety 714550-7799 Telephone By! d`eStC Ihortwd SlgnONOT& , Signature Randy Spohn, Ittoy-In-Fact Print Name and Idle NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SUMUST BE ATTACHED 30 ACKNOWLEDGMENT ...a.am•emse mm■•eemeeesme memmm ma am.m.....•........... a............ a m......u.... State of California County of 0_&82C � } ss. On . Z7. 2v) L before me, AADIvi Notary Public, personally appeared ^IMM7Z7— proved to me on the basis of satisfactory evidence to be the person(pf whose namefA ii We subscribed to the within instrument and acknowledged to me that he/she my executed the same In hls/he~ authorized capacity(tes), and that by hia/herdh& elgnaturea(a) o the instrument the persc%t), or the entity upon behalf of which the perso�W acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the% the foregoing paragraph is true and coned 1 WITNESS my hand and official seal. — 1 Signature ASOUL KALIM C01A# 1800454 Vl ® NOTARY PUBLIC -CALIFORNIA N ORANGE COUNTY !AY Coast EXP. JUL.2, 2012 (SaaO ....................... eeemee.ee................. •... m.............•mm •es..la.m� 0MONIAL INFORMA770H Date of Document Type or Tttle of Document Number of Pages In Document Document in a Foreign Language V, Thumbprint of Signer Type of Satisfactory Evidence: Persona y Known with Paper Identlfttatlon & — Peperldentification Credible Wkness(es) Capacity of Signer. _ Trustee Power of Attorney EO/CFO/COO President/ Vice-president/ Secretary /Treasurer Other Other Information: 31 ❑ Check hes If no thunbplmt Ornngerprint is evsLlaW ACKNOWLEDGMENT ....... Odom ....•v.ue....v..oeese eesee.eeeuse.••..........eeu..mv a..v.vp..., State of California County of M On before me, Public, personally appeared 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 that he/she/they executeA the some in his/her/thelr authortrad capacity(ies), and that by histherRheir signatures(s) on the instrument the person(s), or the entfty upon behalf of which the parson(s) acted, execute! the instrumerit I'canify 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 (c 81) 112.1...m.v.oommak.m............. No ......... v...e.e.o.... m..e.eeeeoo..... loam. OP770MA1 INFORKAflON 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 VYibress(es) Capacity of Signer. Trustee _ Power of Attorney _ CEO / CFO / COO _ President / Vice -President / Secretary! Treasurer Other. M.'M 32 Thumbprint of Signer El c4m& Nm ff rw thumnprrnt ar rNgerprfnt b evelbDla NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester. New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois,, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact. to make, execute, seal and deliver. I'or and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalfofcach of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation. contract or otherwise; provided that no bond of undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS Phis Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24" of March. 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President. the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile; and any Such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." xu mxnnuunu� _ `JQ\VG1TYryK9 pG/ SION mob 2PaPorttr'G 33 �'. riE I3J. yb: �onvokyrmGpg, SFAL .m= Steven P. Anderto &-n,President&Chief E:eemivmoaeer onva:hinglon mmrnahtnm I ..... race Cantpa.o' 2' SEAL 4.Ts 1W3 Wfp` Senior Vice Presincnl ofFmm th Acrlcan Specially Insurance Company y % �epa0 nlllli1111111114\\\\ By !/t� ��y'a1J�A'•¢•' f• Daviel JI. I.ilym n, Senor Vim Presi(hv of W:uhinClaL Inter .1ional Ins .are Cornpmtn. tMmupl & Vice President of NoNh American Specialty Inert mace Campnny W WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed; and these presents to be signed by their authorized officers this I Slit day of September , 20 I I North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this ISth day of September .20 11 ,before me, a Notary Public personally appeared Steven P. Anderson .President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attomey as officers of and acknowledged said instrument to be the voluntary act and deed of [heir respective companies. OFFICUIL SfJtl /� DJILL NELSON[LL %-zC— NOTARYRIBl1C-STATE OF IILINdS D. Jill Nelson, Nota Public My ifif15510N E�IRE8a80Y14 7 I, James A. Carpenter the duly elected Assistant Secretar of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I. have set my hand and affixed the seals of the Companies this 22 day of March . 20 12 lames A, Carpenter. Vice Presidonl& Assistant secretary of&ahinpon lntamationnl Insurance Comp y& North American specialty Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA Coun of ORANGE Ong before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared RANDY SPOHN Ej who proved to me on the basis of satisfactory evidence to be the person( whose nameH is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/i3er/t4eir authorized capacity (+es), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) 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. ERIKA f GUIDO f / COMM. # 1643731 f WITNESS mTS, nd and official seal. M NOTARY PUBLIC CALIFORNIA ��� ORANGE COUNTY N i My wmm. expires May 5, 2013 �v-eYrov-v- gnature f Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/ CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) I17�Yy:i li►(�7�[�1;�_\lY_T�L'I��7S�ZflTJL1��l➢ (1 of 3 Originals) Premium: Included on Performance Bond. P'S aff 1: • ..i �s Irel- 7. I, . a WrIEREAS, the City CO VIVI d the C1W Of N®'Aaport Beads. MOW Of CaJI N rriI adopted Ilse awarded tdPtanee of Contraeaor, heminaftr designated 69 the "Prlrtapal,*pprwpa for codon or 21MI-M2 STAERMAWT IMPROVEMENT PROJECT, Cotdraot No A822In 9tro City of N*wport Beads In tttritt conft nay WM the pleats, &DWI rgs, other Co bad DOOR t O In ffie oifioe d the PLAft wmka oepaeerrera of the city d NMMW8 d Of ate treo porated herein by oft reeprenm * Unique Performance Construction, Inc. MEREAS. Printapel has moulded or is about to execute ConVad No. 4M $red the ffitms thereof require the fumfshlRy of a bond, providing that it Pdr+e*Vd or my d NP+r�acj i sLiboontratIctors, slag fan to pay for any waterials, provisions, or other euppr" used %r, or about the perforntcsali of the work agreed to be done, or f r any uwrk or Ia* tleenamt of m y tdnd. tha Srreay cn thb land vA pay the asmno to the extent sit North Aman Specialty Insurance Company a�Ills WI � tD hesinem balder the laws of the Stele of Cafdorrua, Ra Surety, (retrad to herein as 'I held filw6 board tuft the Caval' NevW101, Br, Peeh in the watt of'(i MW C0N•r cT.l AI OWM tawfid money d Bra United Stakta d Amey said am be6tg aqW to 100 eat MMd ertrartt payapla by the Cay of Newport Beads under the tenne of the Contract i paymara well mid"to be made, we blind curselliI as hers, eeac ti m and edmti sumessore, or seta, joctity and MVI Rrmly by ftse p mswk ** Two Hundred Seventy -Three Thousand Eight Hundred Forty and 001100 THE CON XTICIN OF THIS 0SUOATION IS SUCH. flat N the Principal or the P �oor�te. fall to pay for MW qmeteMI Provisions. o other supp¢ea, briplewwo or m rased In. trporr, for, or about ifto perforrnartoe of the work contrasted to be dorsa, or for t; work or tabor tltmeort of any kind, or for onouuas dna umber the Unemptoymerd ktatuart w1 h reepeo to such work or tabor. or for any emouarm requffed to be deducted, withheld oust to the Employmart Development Department tern the wages d employees of tit@• and suboo t edors ptasemrt to Section 13020 of tits UnrssnrPlr puent kretaarae Cada V40 to each work mud labor. then the Surely vA pay for the sin, fn am annmcd not axceedsig died in tfrte Bard, and afar, in tie ad is WmWd to w9broe the obi of this MI alPMWO fs, to be thaed by the Court as MWIled by the FVAStcns of SeI the CNB Cogs of uta SM of Caffant& 33 The Bond shag Inure to the bwtelt of any std ail persona, oompanles, duct erMed to roe rime tntdet Sedlon 3181 of 9m CGOW& CM Code so as to glue e right to Ntem or their In any Sud hrotght upon Ob Bono m ra*t by and In a000rdattba wkh the ptwWona of Sections 3247 at. wq4 Shoe of the Cid Code of to Shof QNbrnk And Surety. Por value reoetved, hereby stlpulaEes and agrees that no eitertge, aA&js+ertpr title, u8ler1 1, or add iam m the IBM of the Carmw or to the work to be Wftffrwd ttiwj uttdar or to ea ons accorrtpanying the same sisal it arty wore ailed i obfigatiorm on #W3 Bond, std 9 dose hereby wane ratite of any such change, taft mion of tine, alterations or a;*Mcna ko thelen. of»te centrad orto ttre work orto nto amore. In ttte evert that any principal above named exewlad this Bond as an butt upl, I!is agreed that the dedh of dry such prltdpal abdl rat mw^WR ft Suety 6om dS oblpat*4 under eft Band. ' IN WITNESS WHEREOF, #a irabtrnatl has been duly exeoui ed by ftobw*+ rmm�d p� ad Skvgty an the 22nd d y of March 3012 Unique Performance Construction, Inc. NM of Contractor Fdndpal) North American Specialty Insurance Company Name of &nett' 681 S. Parker Street, #130 Orange, CA 92868 Adch= & Surety 714-550-7799 Tebphate toaWTila B : tG^-� A tied84n16"Randy S hn, Attome -ln-Fact Pries Name Tale 34 I ......... vemme......YOp0000pOY00000 GYpO pOYOYp..OYppOpYOYp9YYYppp®plp09 Y♦00 L\• stda W Offamle Cmftof 77RA�✓rL. 1aS ft mb=[bed to the wed tu = m wNhin �hWUMS It and ackrmMedged to d1a4n execs acme d0 , and that by sli;Wurss(Wd t v*u nFrd the porsorp, or the enRy upon behaH of which the oeBad, exeda ina@narrard. i I mft under PM&TY OF PERJURY wtdw the Isws of the State of CaSflum Otdt}e foreping psmMph W t ie mW corrucLI WMESS my fWW &W oi6ee4 awl. NComms.4 1800454 1�qq NOTARY PUBLIC -CALIFORNIA UI ORANGE COUNTY a ®fyd Mr CGIJY'. Exr. JUL.2, 2072 � (amlj as6aa66a1.6666p66aa66666a6.00.6e... va.Cenpem.... ooam......oepppapOp®®®►mvpYp, Deb of Dommod Type or rda of Document Number of tease in Cowman! 9oammt In a Foreign tm+age Type of Safis%cixy Evumm Pemordiby Known wM Paper Idendftaftn _Cn sawbumKes) Capa ft of Signer. ltusme EOICFO /CM I v !s=ewy I Tmemaer s?7 TNmbpMt of sWW p a.diham a of m a.s2mb!, ... a ..... 0...0 .... .u....v0s u.s............. .os..e...o.... C6690000020 .0 -.. State of Cardarie Cotuty Of 1 S8. On befow rrte, Pubk personally appealed p?1O proved to me on ft basis of sat sfacton evidence to be the personM whose namd(El Wi re subscribed to tie within instr tt and ad=v4sdiW to me tug helcheAhey exalw ed awns In ItsR w t w aut m d cepscny(tes). SM that by hha hwffiw& signstures(� tan Is hrheinaserd the parson(e). or the entity upon behalf of whkh the person(a) adcA ammAed tihe hutumerlL I Certify under PB4&TY OF PERJURY under the lam of the State of Caf wdg �d i}re foregoing parapeph is true and correm VMWESS my hand and otiifdat seeL SWAMAS fin .4e0e.........0. u.e0..v. us.us..........s.......o..w u.. e.aaoa..m�¢.w, CIPMAL DOOF047MN DVID Of Document Type OrTme or Domm"ent NMW of Paces In Document Dounn ent In a Foreign Larhghosga Type of Satisfactory evom e: pareoroffly trao m WM fuer Merimbosoms ,Papermormintion ___•_ CMdMb tiv&ae(as) capacly of Signer, __ Tnisfe e Power of Attorney CEO I CFOI COO _ Preddnt I Vbe-Preddent I SeastmV I Treasurer ,0"mr: 36 Tmwft ttofaimmr p thea eo.3 if mho m1 b sucalLu NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of dre State of New Hampshire, and having its principal office in the City of Manchester. New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Pact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contractor otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount oC FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North. American Specialty Insurance Company and Washington. International Insurance Company at meetings duly called and held on the 24'h of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President. any Vice President, any Assistant Vice President, the Secretary or any Assistant. Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company: and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such Facsimile signatures or facsimile seal shall be binding upon the Company when so affixedand in the future with regard to any bond, undertaking or contract of surely to which it is attached." Oy4�"i\Pnlii.G9 '• .ap T10Ngl/N g :(Q rF•:9' By .�OHPD%i�l!rG SEAL :n= stmen P.Anderson, President &Chief Executive cancer ofwashingmn Imureational Insurance Company 3' SEALF .1% 1873 go; 'on T &senior vice President arFnrth American apeciuliv Insurance Company 220( . s's -nk Vie: o- gyp: 4 \pd SCJ `� end amid M. raccoon; Senior Vice. President ofw'ashingron IMernatiaanl Imunnrc Company trtmmaF & Vice Prmidenr of North American Specially Iusorm¢e Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 15th day of September _ 20 11. North American Specialty Insurance Company Washington international Insurance Company State of Illinois County of Cook ss. 15th September II , On this _day of , 20 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman . Senior Vice President of Washington International. Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL D JILL NELSON �- NQJJWS wpt�E .pj D. Jill Nelson, Notary Public I. James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do herebycertify that the above and foregoing is a true and correct copy of a. Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, l have set my hand and affixed the seals of the Companies this 22 day of March .20 12 James A. Cmpmmq Vice Prmidem & Assistant Sccmmry of Wm1im6aon International Insurance Company & North American Specialty Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA On __A_A�J V—) (--'A U I before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared RANDY SPOHN who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heF/theif authorized capacity (ies), and that by his/her/theft signatur" 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. ERIKA GU100 N,,.�q COMM.# 1843731 ; WITNESS yhand and official seal. 'y:;m� NOTARY PUBUCCALIFORNIA , 3 ORANGE COUNTY My comm. expires May 5, 2013 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/ CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL FY 2011-2012 STREETLIGHT IMPROVEMENT PROJECT CONTRACT NO. 4822 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4822 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 @ c x lt-r x ul Dollars and Cents Per Lump Sum Lump Sum Traffic Control @i M • : •M? t Dollars Cents Per Lump Sum 3. 2 EA Furnish and Install New Type II Standard (Ameron Cat. No. 6 -B1 -31-F8) and Philips 150 watt, 9,264 lumen, 240 volt LED Luminaire ,mac Dollars and Cents $ $ i Z� 5 2 Sv °i Per Each PR2of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1 EA Relocate Existing Type II Standard, Replace Luminaire with new Philips 150 watt, 9,264 lumen, 240 volt LED Luminaire @LDpllars �t vt antl Cents $ %U $ Per Each 5. 3 EA Replace Existing Streetlight Standard with New Type II Standard (Ameron Cat. No. 6-61- 31-F8) and new Philips 150 watt, 9,264 lumen, 240 volt LED Luminaire @s elm tp`—J" Dollars `. and Cents $ Per E2 6. 1 EA Remove and Salvage Existing Type I Standard Complete @cam � Dollars tkw �; ,.� and Cents $ fFujS $ 1 3 S Per Each 7. 8 EA Clean and Paint Existing Mast Arm Dollars f ✓�_ and Cents $ '346 $ 2 d C' Per Each 8. 9 EA Replace Existing Luminaire on Existing Streetlight Standard with New Philips 150 watt, 9,264 lumen, 240 volt LED Luminaire @ kue I %-"tk-"tw.4 Dollars and Cents $ 1, 'Z So $ Per Each PR3of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 27 EA Replace Existing Luminaire on Existing Streetlight Standard with New Philips 65 watt, 4,886 lumen, 240 volt LED Luminaire @L��r I�,,..,. oLLDollars and Cents $ t 5 $ 2-3, � 115 Per Each 10. 16 EA Reset Existing Streetlight Standard to Grade on Existing Foundation @ r. l,.......(:,.4) Dollars k Si,X� and !, Cents $ (o $ � Per Each 11. 1 EA Reset Existing Streetlight Standard to Grade on New Foundation @! (Dollars y and Cents Per Each 12. 10 EA Rotate Existing Streetlight Standard 0 Dollars ,� S, �►y and Cents $ 6-60 $ bL Per Each 13. 10 EA Remove Existing Pull Box @J Dollars and *T, Cents $'Z3: $ 2, 3i 14. 15 EA Remove and Replace Existing Pull Box @:z�.r Dollars and V. Cents $ 3 Per Each ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 15. 60 EA Furnish and Install New #3-112 F Concrete Pull Box @ k tj,e4 I Dollars Se Y� and 4Cents $ _ $ 2 a Per Each 16. 1 EA Furnish and Install New Single - Meter Type III -BF Service Cabinet Dollars and .l Cents $ a- $ 3,'l e Per Each 17. 35 EA Furnish and Install New 1" PVC Conduit with 2#8 Insulated Conductors in Existing Foundation @•i bM. L..._,( Dollars and Cents $ z 5. $ 9,5� Per Each 18. 6 EA Furnish and Install New 1" PVC Conduit with 2#8 Insulated Conductors in New Foundation Dollars "" 7 and Cents $ ? �U $ O Per Each 19. 5,700 L.F. Furnish and Install New 1-1/4" PVC Conduit with 2#8 Insulated Conductors @ Dollars and c� Cents Per Linear foot PR5of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 20. 1,700 L.F. Furnish and Install New 1-1/4" PVC Conduit with 4#8 Insulated Conductors @ ��� e.,�cc°:� Dollars and c� Cents $ $ 2� Per Linear Foot 21. 120 L.F. Furnish and Install New 2#8 Insulated Conductors in Existing Conduit @ Dollars and Cents Per Linear Foot 22. 1 L. S. Remove Existing Series Conductors @ n S i' i 1. _L DpIlars a2nd Cents $ (0,J Per Lump Sum 23. 1 EA. Remove and Salvage Existing Series Service Disconnect @ N/ . c �• , u.Lt Dollars and r Cents $ C{ Per Each 24. 6 EA. Trim Brush and/or Tree @ �✓ L k6,,,(h — gj Dollars %I�fJ and Af Cents $ 23 0 $ _ Per Each � 25. 1 EA. Remove Tree @ fie /+.. Dollars and ch Cents $ ( o $ 1 I c Per Each PR6of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 26. Lump Sum Remove All USA Markings and Restore Pavement Surfaces @ Five Dollars and Cents $ 500.00 Per Lump Sum 27. Lump Sum Provide As -Built Drawings @ Five Thousand Dollars and Zero Cents $ 5.000.00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and Cents 1— 3\_ 2 opt Date °iaq_6ks_s„-zs �uu_�l Esq I Bidder's Telephone and Fax Numbers ,r4*Dollar $ 2q*2)840 Total Price (Figures) 1iy��Q �..� P [n.L,�1c.n_ SFrur p•,�•�h Bidder r Bidd re s Authorized Signature and Title PR7of7 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. 2 EA Furnish and Install New Type II Standard (Ameron Cat. No. 6 -B1 -31-F8) and GE 157 watt, 9,600 lumen, 240 volt LED Luminaire @'; ; x and r� Cents $ 04 0 U $ 0 Per Each A2. 1 EA Relocate Existing Type II Standard, Replace Luminaire with new GE 157 watt, 9,600 lumen, 240 volt LED Luminaire @' .�,•. Dollars Lf and Cents $ 2, 1 u $ Per Each A3. 3 EA Replace Existing Streetlight Standard with New Contractor Furnished Type 11 Standard (Ameron Cat. No. 6 -B1 -31-F8) and new GE 157 watt, 9,600 lumen, 240 volt LED Luminaire @TjK lIk,•wr, Dollars and Cents $ $ c Per Each A4. 9 EA Replace Existing Luminaire on Existing Streetlight Standard with New GE 157 watt, 9,600 lumen, 240 volt LED Luminaire Dollars and Cents $ �� $ i CBe Per Each A5, 27 EA Replace Existing Luminaire on Existing Streetlight Standard with New GE 65 watt, 3,700 lumen, 240 volt LED Luminaire @ . l✓c %^-ulnc_I Dollars and ell Cents $ , 2c $ 39,o 4-L� Per Each Last saved by ptauscherOl/09/2012 5.05 PM ltcnb-2005\usem\pbw\shoredtcontractstfy 11-12\c4822. 11-12 streetlight improvemenllproposal_4822.doc 1 1 1 1 FA 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MASTER FORMAL CONTRACT CONTRACT NO. 4822 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 6-7 TIME OF COMPLETION 6-7.1 General 1 1 1 1 FA 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 6-7.2 Working Days 4 6-7.4 Working Hours 4 M 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 9 PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 16 201-1 PORTLAND CEMENT CONCRETE 16 201-1.1.2 Concrete Specified by Class 16 201-2 REINFORECMENT FOR CONCRETE 16 201-2.2.1 Reinforcing Steel 16 SECTION 209 ELECTRICAL COMPONENTS 16 209-2 MATERIALS 16 209-2.1 Electroliers 16 209-2.2 Anchor Bolts 16 209-2.3 Conduit 17 209.2.4 Wire 17 209-2.9 Photocells 17 SECTION 210 PAINT AND PROTECTIVE COATINGS 17 210-1.1 General Requirements 17 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 17 300-1 CLEARING AND GRUBBING 17 300-1.3 Removal and Disposal of Materials 17 300-1.3.1 General 17 300-1.3.2 Requirements 18 300-1.5 Solid Waste Diversion 18 SECTION 303 303-5 303-5.1 303-5,1.1 303-5.5 303-5.5.1 SECTION 308 308-1 SECTION 400 400-2 400-2.1 400-2.1.1 CONCRETE AND MASONRY CONSTRUCTION CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS Requirements General Finishing General LANDSCAPE AND IRRIGATION INSTALLATTION GENERAL it:? ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREADED BASE MATERIAL 20 UNTREATED BASE 20 General 20 Requirements 20 SP 1 OF 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONTRACT NO. 4822 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 -5070-S); (3) the City's Standard Special Provisions (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including Supplements; and 5) Caltrans Standard Specifications (Latest Edition). Copies of the Standard Special Provisions may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of mobilization, traffic control, distributing construction notifications, construction surveying, concrete improvements, installing, removing and relocating street lighting facilities, furnish and installing streetlighting facilities and appurtenances, restoring grouted improvements, potholing, 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 Contractor shall restore the affected survey monuments at his sole expense. The SP2OF20 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 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-32.3(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. SP30F20 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. SALVAGED MATERIALS. The Contractor shall salvage all existing street light standards and luminaries, service disconnects, pull boxes, utility manhole (including grade rings), meter or valve box covers, and all removed cast iron pipes as identified by the Engineer. Salvaged materials shall be delivered to 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 SP 4 OF 20 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 45 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 4th the first Monday in September (Labor Day), November 11th (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 1St, July 4th, November 11th, December 24th, December 25th or December 31St falls on a Sunday, the following Monday is a holiday. If January 1St, July 4th, November 11th December 24th December 25th or December 31St 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 24th 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 20 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." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 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. SP6OF20 f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (W.A.T.C.H.), latest edition, also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in City right-of-way or property if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan showing typical closures and detour plans(s). The Contractor shall be responsible for processing and obtaining approval of traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: SP7OF20 1. Emergency vehicle access shall be maintained at all times. 2. All advanced warning sign installations shall be reflectorized and/or lighted. 3. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 4. Sidewalk closures in nonresidential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 5. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 6. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 7-10.4 Safety 7-10.4-1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. 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. SP8OF20 The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.7 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a valid "A" or "C-10" Contractor's License. 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. SP 9 OF 20 During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 ---MEASUREMENT AND PAYMENT MA:7-AvAnna rr 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, potholing and exploratory work, preparing and updating construction schedule, providing submittals, attending all construction meetings, demobilization, completing all reporting documents, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include, but not limited to, the cost of all labor, equipment, and material for delivering all required notifications, posting signs and notifying residents and businesses. In addition, the Contractor shall submit to the Engineer - at least five working days prior to the pre -construction meeting - a traffic control plan showing typical closures and detour plan(s). The Contractor shall be responsible for processing and obtaining approval of traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Item No. 3 Furnish and Install New Type II Standard (Ameron Cat. No. 6 -B1 -31- 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 installing new street light standard as shown on plan or as directed by the Engineer; sawcutting; removing and disposing existing pavement section to accommodate improvements; constructing new foundation per Detail 'D' as noted on the plans; furnishing and installing new 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 Detail 'C' as noted on the plans; backfilling, compacting, restoring surface (full panels) to match adjacent area including irrigation systems; disposing of excess excavated materials; installing pole number tag as directed by the Engineer; furnishing and installing sign(s) as directed by the Engineer; and all other items to complete work in place. SP 10 OF 20 Item No. 4 Relocate Existing Type II Standard, Replace Luminaire 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 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 Detail 'D' as noted on the plans; furnishing and installing new 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 Detail 'C' as noted on the plans; backfilling, compacting, restoring surface (full panels) to match adjacent area including irrigation systems; disposing of excess excavated materials; 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 Type II Standard (Ameron Cat. No. 6-61-31-F8) and new Philips 150 waft, 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 Detail 'D' as noted on the plans; furnishing and installing new Type II standard (Ameron Cat. No. 6-131-31-F8) and new 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 Detail 'C' as noted on the plans; backfilling, compacting, restoring surface (full panels) to match adjacent area including irrigation systems; disposing of excess excavated materials; 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 Remove and Salvage Existing Type I Standard Complete: 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 Type I standard and electrical components complete; removing pavement and foundation, excavating, backfilling, compacting, disposing of excess excavated materials, restoring surface (full panels) to match adjacent area including irrigation systems as directed by the Engineer; disposing of excess excavated materials; temporary patching or plating; controlling ground and surface water; and all other items to complete work in place. Item No. 7 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, priming, and painting existing streetlight mast arm as directed by the Engineer; and all other items to complete work in place. Item No. 8 Replace Existing Luminaire on Existing Streetlight Standard with New Philips 150 watt, 9,264 lumen, 240 volt LED Lluminaire: 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 SP 11 OF 20 new Philips 150 watt, 9,264 lumen, 240 volt LED luminaire with shorting cap on existing streetlight standard; furnishing and installing double fuse holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box per Detail 'C' as noted on the plans; and all other items to complete work in place. Item No. 9 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 with shorting cap on existing streetlight standard; furnishing and installing double fuse holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box per Detail 'C' as noted on the plans; and all other items to complete work in place. Item No. 10 Reset Existing Streetlight Standard to Grade on Existing Foundation: 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; disposing of excess excavated materials; and all other work items to complete work in place. Item No. 11 Reset Existing Streetlight Standard to Grade on New Foundation: 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 new foundation to grade per Detail 'D' as noted on plans; removing and disposing existing foundation; grouting; restoring surface (full panels) to match adjacent area including irrigation systems; disposing of excess excavated materials; 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; disposing of excess excavated materials; 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; removing exposed conduit; removing conductors; backfilling, compacting, and restoring surface (full panels) to match adjacent area including irrigation systems; disposing of excess excavated materials; 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'/z F pull box, or as SP 12 OF 20 directed by the Engineer, concrete pull box per Detail 'B' and Detail 'C' as noted on the plans; 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 Furnish and Install New #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 concrete pull box, or as directed by the Engineer, per Detail 'B' and Detail 'C' as noted on the plans; 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. 16 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 Detail 'A' as noted on the plans; installing 3" PVC conduit with pullrope from service cabinet to adjacent SCE service point including riser on wood pole in quadrant as required by SCE; coordinating with the Engineer and SCE for service connection; installing 2" PVC conduit with conductors for the required circuits to adjacent pull box; connecting conductors and wiring; modifying cabinet to accommodate new contractor -furnished Type V photoelectric cell; providing 60 amp contactors, 24 circuit load center, and 2-2P 20 amp breakers for the required circuits; labeling circuits per NEC; installing twist -lock central photo electric cell with shield facing away from traffic within cabinet; sawcutting and removing pavement; excavating, backfilling, compacting, restoring surface (full panels) to match adjacent area including irrigation systems as directed by the Engineer; disposing of excess excavated materials; temporary patching or plating; controlling ground and surface water; and all other items to complete work in place. Item No. 17 Furnish and Install New 1" PVC Conduit with 2#8 Insulated Conductors in Existing Foundation: 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 2#8 insulated conductors, 1#8 bare conductor, and appurtenances to make required connections from pull box to street light standard; and all other items to complete work in place. Contractor shall "chip" through existing foundation to install new sweep. Item No. 18 Furnish and Install New 1" PVC Conduit with 2#8 Insulated Conductors in New Foundation: 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 V PVC conduit with 2#8 insulated conductors, 1#8 bare conductor, and appurtenances to make required connections from pull box to street light standard; and all other items SP 13 OF 20 to complete work in place. Contractor shall install new sweep in new foundation per Detail 'B' as noted on the plans. Item No. 19 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 2#8 insulated conductors, 1#8 bare conductor, and appurtenances to make required connections; and all other items to complete work in place. Conduit shall be installed under sidewalk/parkway or as directed by the Engineer. Item No. 20 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 4#8 insulated conductors, 1#8 bare conductor, and appurtenances to make required connections; 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, 21 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 2#8 insulated conductors, 1#8 bare conductor, and appurtenances in existing conduit; removing, salvaging, and/or disposing existing wiring; and all other items to complete work in place. Conduit ends shall be re -sealed with ductseal or approved equal. Item No. 22 Remove Existing Series Conductors: 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 conductors within existing conduit as noted on Plans, abandoning conduit, and as directed by the Engineer; and all other work items to complete work in place. Item No. 23 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, electrical components, and appurtenances; coordinating with SCE for service disconnection; removing pavement foundation, excavating, backfilling, compacting, disposing of excess excavated materials, restoring surface (full panels) to match adjacent area including irrigation systems as directed by the Engineer; disposing of excess excavated materials; temporary patching or plating; controlling ground and surface water; and all other items to complete work in place. Item No. 24 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 as directed by the Engineer; disposing of materials; 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. SP 14 OF 20 Item No. 25 Remove Tree: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing tree complete as directed by the Engineer; excavating and removing tree roots to depth of 18" below ground surface; removing tree roots to accommodate new foundation, conduit and pull box; backfilling, compacting, restoring surface and grouted areas to match adjacent area including irrigation systems; disposing of excess excavated materials; 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. 26 Remove All USA Markings and Restore Pavement Surfaces: Work under this item shall include, but not limited to, removing all USA markings within the work area and cleaning all pavement and sidewalk surfaces to pre -construction condition. Sandblasting is not permitted. Item No. 27 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 Engineer for review prior to payment request. ALTERNATE BID ITEMS Item No. Al Furnish and Install New Type II Standard (Ameron Cat. No. 6 -B1 -31- 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 installing new street light standard as shown on plan or as directed by the Engineer; removing and disposing existing pavement; constructing new foundation per Detail 'D' as noted on the plans; furnishing and installing new GE 157 watt, 9,600 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 Detail 'C' as noted on the plans; backfilling, compacting, restoring surface (full panels) to match adjacent area including irrigation systems; disposing of excess excavated materials; installing pole number tag as directed by the Engineer; furnishing and installing sign(s) as directed by the Engineer; and all other items to complete work in place. Note: alternate bid item shall replace manufacturer as shown on plans with manufacturer indicated hereon. Item No. A2 Relocate Existing Type II Standard, Replace Luminaire 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 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 Detail 'D' as noted on the plans; furnishing and installing new 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 Detail 'C' as noted on the plans; backfilling, compacting, restoring surface (full panels) to match adjacent area including irrigation systems; disposing of excess excavated materials; installing pole number tag to match existing; SP 15 OF 20 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. A3 Replace Existing Streetlight Standard with New Contractor Furnished Type II Standard (Ameron Cat. No. 6-131-31-F8) and 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 street light standard and luminaire; removing and disposing existing foundation and pavement; constructing new foundation per Detail 'D' as noted on the plans; furnishing and installing new Type II standard (Ameron Cat. No. 6 -B1 -31- F8) and new 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 Detail 'C' as noted on the plans; backfilling, compacting, restoring surface (full panels) to match adjacent area including irrigation systems; disposing of excess excavated materials; 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 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 with shorting cap on existing streetlight standard; furnishing and installing double fuse holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box per Detail 'C' as noted on the plans; 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 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 GE 65 watt, 3,700 lumen, 240 volt LED luminaire with shorting cap on existing streetlight standard; furnishing and installing double fuse holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box per Detail 'C' as noted on the plans; 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." SP 16 OF 20 PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560-C-3250." 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Epoxy -coated Grade 60 steel conforming to ASTM A 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 Detail 'D', 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. Luminaries for New Multiple Circuits LED Luminaries shall be Philips Lumec LED Roadstar Series 0. 6.5 waft, 240 volt, GPLS-65W49LED4K-LE3-240-RC-DMG 0 150 watt, 240 volt, GPLM-150W79LED4K-LE3-240-RC-DMG Contact: Prudential Lighting Products, Daniel Whisler (909) 224-0757. LED luminaries 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 luminaries shall be warranted a minimum of 10 years from the date of project acceptance. 209-2.2 Anchor Bolts. Anchor bolts shall conform to the Detail Sheet as noted on the plans. SP 17 OF 20 209-2.3 Conduit. Unless otherwise noted on the plans, conduit shall be 1'/d' Schedule 40 PVC per Detail Wand Detail 'B' as noted on the plans. 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 GGUS 5A 120V Glass Fuses.. Pull boxes shall be Eisel Enterprises No. 3'/z F or pre -approved equal per Detail 'B' as noted on the plans. Type III -BF single -meter stainless steel service cabinets shall conform to the requirements of Detail 'A' as noted on the plans. 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 clean, primer, and paint mast arms, using a high quality and durable in harsh environment paint; 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: http://www.newportbeach.ca.gov/generalservices" 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. SP 18 OF 20 The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-'Y2 inch" of the last sentence with the words "two (2) inches". 300-1.5 Solid Waste Diversion. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.5 Finishing 303-5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C., stamped concrete, pavers and brick within private or public property damaged during construction in a manner that matches the adjoining areas in structural section, texture and color." SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General. Add to this section: 'The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor SP 19 OF 20 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. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. SP 20 OF 20 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." CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3-02-12 Dept./Contact Received From: Shari Date Completed: 3-05-12 Sent to: Shari By: Joel Company/Person required to have certificate: Unique Performance Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 12-14-11/12-14-12 A. INSURANCE COMPANY: Scottsdale Insurance B. AM BEST RATING (A-: VII or greater): A+: XV INSURANCE COMPANY: Farmers Insurance Exchange C. ADMITTED Company (Must be California Admitted): B. Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must Is Company admitted in California? include): Is it included? (completed Operations status does ❑ No D. not apply to Waste Haulers or Recreation) 0 Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND for Waste Haulers): What is limits provided? COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City (What is limits provided?) its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured G. HIRED AND NON -OWNED AUTO ONLY: is not limited solely by their negligence) Does endorsement ❑ Yes ® No include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No fl. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 12-09-11/12-09-12 A. INSURANCE COMPANY: Farmers Insurance Exchange B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: 0 N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10-01-11/10-01-12 A. INSURANCE COMPANY: State Fund B. AM BEST RATING (A-: VII or greater): Not Rated C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK 1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ®N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ®N/A ❑ Yes [-]No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Need Risk Management exception for Scottsdale Insurance. Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach Date RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ® Yes ❑ No Reason for Risk Management approval/exception/waiver: Appro, ed: v/soli' 4511- Risk e Risk Management Date * Subject to the terms of the contract. Policy Number: Date Enlenm: 02/23/2012 ACCIIICERTIFICATE OF LIABILITY INSURANCE 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 cenifrcate 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 an this certificate does not confer rights to the certilicate holder In lieu of such endorsement(s). Pnomcen DBlatila Ins.. c., IRC. 791 5. URST ST AEIM, CA CA 921104 ANFf HamAm ANE: C �e_eel. (]14)956-2222 iAAo.na: (]34)956-2434 EMAI AnnnE SaRflie. bdalati@£aimareegency.com INSUGEFl9) Aryma NG COVERAGE NNCI GENERAL 4AMUW In.nar A: SCOTTSOAL6 INSUfVNCC COMPANY ..Uses UNIQUE PERFOR CE CONSTRUCTION INSURE,V;FARMERS INSURANCS E%I.D. 21652 INCURERC:SCOTTSOALE INSURANCE COMPANY eauel6npA;GFNEHAI UABNry MOUMTAZ KABANY wsunen D: GL3782915 1931 NEWPORT BLVD R D e.PEH e: [v '. Et $100,000.00 COSTA BEER, CA. 92627 n5J,ER E: COVERAGES CERTIFICATE NUMBER: 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. NOtNTHSTANDING ANY REOUIREMENT. 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. lIX TYPeo"N VMNCE NSn STN PoLICYXVMOER LVa EFF PoO E] LVAn9 GENERAL 4AMUW EACH OCCURRENCE $1,000,000.00 A eauel6npA;GFNEHAI UABNry X GL3782915 zna/loss 2Yrarlol2 [v '. Et $100,000.00 EPCtAIMSNADE 000CUR e.IED EXP' owxnm SS,000.00 YERSOWYAAOJRIIURY $1,000,000.00 GENERAL AGGREGATE $2,000,000.00 GEHL AGGREGATE LWVT APPUES PER, PRODVCi9 CW'PNP AOD $2,000,000.00 POLICY LIMLOC $ B AmOmOUILe MAOmry Any AUTO X 604862007 2/0912011 a/0912012 rFRnml aana In 1,000,000.00 BODILYINnIRYIPmpaon) a ALLINJNeO SCHEDULED AIR0.5 AUTOS BODILY INJIIRY(P. widen) S Pc�inmEH'Ern� $ HIMED AUTOSAUTOS OWNED S UDORIELA MAa -CUR X EACHOCCURRENCE $5,000,000.00 AGGREGATE 1$5,0001000.00 (' EXCESSUMO CIAIMSMPGE XBSO018883 I/390911 1/27/:-1] DEO I R ENDOW S Is won"EnSCOMPENON SAT AMO EMPLOYERS UABNPI YIN WCSTATU DRP T EL EALH ACCIDENT $ ANYPWPRIETpVPMTn'E4E%ECMVE OFIRCERDENSER EXCLUDE. ED (Atin4Tay In NH) NIA EL DIEFASE-FF EMPLOYEE $ II Yef, MecOe siker DESZ111PROM OFOPERATgNSbtlm ELDISFABEPoUCYUMm $ OtlaCPoP110M OFOPERAnONS/LOLAn011$ I VEWLLES (P:racT ACORD 101, Mtlilivvl Rvmu6 SNWUIq ilmOrt niveeU rvpulm� Certificate holder is named as an additional insured in written ...tract Her attached form CG2033, Hrima and non-contributory wording is included per form GLS -2956, waiver wording is also included Dar form CG24 30 Day Cancellation Notice 10 Non-Haymant Of PYBWium CERTIFICATE HOLDER CANCELLATION CITY OF NEWPORT BEACH SHOULD ANY OE THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3300 NEWPORT BLVD ACCORDANCE WITH THE POLICY PROVISIONS. NEWPORT BEACH, CA 9265E AUTHORIZED 'H/rCPREOEN rATVE 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD nam. and logo arc registered marks of ACORD RM:ce4uonB Far.4 Bos Rin c2Exare. r:w.v.For-EBaS.Lm:lmprersive fArb'i$M1lnp 800288.19)1 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who is An Insured is amended to in- clude as an additional insured any person or organization for whom you are performing opera- tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional Insured on your policy. Such person or organization is an additional Insurotl only with re- spect to liability for "bodily Injury", "property dam- age' or "personal and advertising injury" caused, In whole or in pad. by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behall; In the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional Insured are com- plead. B. With respect to the insurance afforded to these ad- ditional insureds. The following atltlitional exclu- sions apply: This Insurance does not apply to: 1. "Bodily injury". "property damage" or "personal and advertising injury" arising out of the ren- daring of, or the failure to render. any profes- sional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to pre- pare or approve, maps. shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory. inspection, architectural or engineering activities. 2. "eodity injury' or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other man sere. ice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a pan of the same project. CG 20 33 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 INSVRGD A SCOTTSDALE INSURANCE COMPANY" ENDORSEMENT NO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SPECIAL CONDITION If any of the endorsements below am attached to this policy, coverage provided by the additional Insured endorsement is amended to be afforded on a primary, noncontributory or primary and noncontributory ba51s whon and as agreed to In writing in a contract or agreement between you and the additional insured. Additional Insured - Owners. Lessees Or Contractors - Scheduled Person Or Organization (CG 20 10) Additional Insured - State Or Political Subdivisions - Permits (CG 20 12) Additional Insured - Owners. Lessees Or Contractors - Automatic Status When Required In Construe - tion Agreement With You (CG 20 33) Additional Insured - Owners, Lessees Or Contractors - Completed Operations (CG 20 37) Other. (Specify title and term number) AUIHOR2E0 REPRESENTAIIVE OATS GLS -209. (7-08) Pep. i nr 1 zacnuma g1s295s. f.p Tj 3/22/2012 "I"I ACORo' 11:37 Benton Insurance /Agency Shellie Benton-FClty or Nen�port Beach 1/4 DATE(MMIDD/VYYY) CERTIFICATE OF LIABILITY INSURANCE 3/22/12 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 (leu of such endorsement(s). PRODUCER CONTACT Shellie Benton NAME: PHONE 661-222-7001 PAS 661-222-7741 Benton Insurance Agency PO Bax 602350 EMAIL shellie@benton.pro ADDRESS: Valencia, CA 91380-2350 PRODUCER License: 0773180 CUSTOMERID*: INSURER(S) AFFORDING COVERAGE NAIL S INSURED INSURER A: COLONY INSURANCE COMPANY ® COMMERCIAL GENERAL LIABILITY INSURER B: WESCO INSURANCE CO R Y ENGI N EERING WOR KS INC INSURER C: SCOTTSDALE INSURANCE CO DAMAGE TO RENTED $ 100,000 PREMISES Eaoccurrence PO Box 4181 INSURER D: ❑ CLAIMS -MADE ® OCCUR BURBANK, CA 91501 INSURER E: INSURER F: A COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MWOO/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ® COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 PREMISES Eaoccurrence MED EXP (Any ane person) $ 5,000 ❑ CLAIMS -MADE ® OCCUR A ❑ GL951919 9/3/2011 9/3/2012 PERSONAL B. ADV INJURY $ 1,000,000 ❑ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS—COMP/OP AGS $ 2,000,000 ® POLICY ❑ PROJECT ❑ LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Be accident BODILY INJURY (Per person) $ ❑ ANY AUTO ❑ ALL OWNED AUTOS BODILY INJURY (Per accident) $ B ® SCHEDULED AUTOS WPPI044662 9/13/2011 911312012 PROPERTYDAMAGE (Per accident $ $ ® HIRED AUTOS ® NON -OWNED AUTOS $ ❑ UMBRELLALIABILITY © OCCUR EACH OCCURRENCE $ 2,000,000 ® EXCESS LIABILITY ❑ CLAIMS- AGGREGATE $ 2,000000 C XBS0017114 9/3/2011 9/3/2012 ❑ DEDUCTIBLE $ ❑ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WCSIArIL Om' ❑ TORYDMIiG ❑ ER $ E L. EACH ACCIDENT $ D ANYPROPRIETOR/PARTNDED? CUrIVE YM EXCLUDED? ❑ (,Vq E.L. DISEASE—EA EMPLOYEE $ (Mandy tory in NER in II untlar E.L. DISEASE—POLICY LIMIT $ OF R IONS b DESCRIPTION OF OPERATIONS below DESCRIPTION E S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers named as Additional Insured for General Liability per attached #U462A-0310 with Primary wording and Blanket Waiver of Subrogation included. Job: Various Storm Drain Improvements Contract #4966 CERTIFICATE HOLDER CANCELLATION Attn: Tom Sanderfur Fax 949-644-3318 SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE City of Newport Beach POLICY PROVISIONS. PO Box 1768 AUTHORIZED REPRESENTATIVE Newport Beach, CA 92658 Mark Benton loa &k ACORD 25 (20091191 The ACORD name and logo ars registered marks of ACORD O 1988-2009 ACORD CORPORATION. All rights reserved. zJ 3/22/2012 11:37 Benton Insurance Agency Shellie Benton -;•City of Newport Beach 2/4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 Operations THE CITY OF NEWPORT BEACH AS PER WRITTEN CONTRACT WITH THE PO BOX 1768 NAMED INSURED NEWPORT BEACH, CA 92648 A. Section II — Who Is An Insured is amended to include the person(s) or organization(s) shown in the Schedule (called additional insured), but only with respect to: (1) Liability for "bodily injury" or "property damage" caused, in whole or in part, resulting from "your work" at the location designated and described in the schedule of this endorsement per- formed for that additional insured and included in the "products -completed operations ha- zard". (2) Liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by resulting from: (a) Your acts or omissions; or (b) 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) designated above. B. Section IV — Commercial General Liability Conditions, 4. Other Insurance is amended and the following added: If you are required by written contract to provide primary insurance, the insurance afforded by this Cov- erage Part for the additional insured shown in the Schedule is primary insurance and we will not seek contribution from any other insurance available to that additional insured. C. Cancellation If we cancel this policy before the expiration date thereof, we will mail 30 day written notice (10 days for nonpayment) to the additional insured but failure to mail such notice shall impose no obligation or liabili- ty of any kind upon the Company, its agents or representatives. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U462A-0310 Includes copyrighted material of ISO Properties, Inc., 2004 Page 1 of 1 with its permission. # 3/22/2012 11:37 Benton Insurance Agency Shellie Benton -*City of Netirport Beach 3/4 THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE READ IT CAREFULLY. L- -; .1 �.,.� ,� Ii\ •'' i.. ,� � � .! i l,/; i i� i !�I � I �L �� ..Y, This endorsement. modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph. & Transfer Of. Rights Of RecoyeryAgainst Others; To U's of Section IV —.Conditions: We waive any rights of recovery we may have against any person ororganization because of payments we make for injury or damage resulting.from your. ongoing operations or "your work" done under a contract with 'that person or organization and included in the "products -completed operations hazard" if: a. you agreed to such waiver, b. the waiver is included as part of a written contractor lease;. and c.. such written contractor, lease was executed. prior to.any loss to which this insurance applies: ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U047-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 With its permission. -� 3/22/2012 11:37 Benton Insurance Agency Shellie Denton a City or Newport Beach 4/4 CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-22-2012 CITY OF NEWPORT BEACH NT 3300 NEWPORT BLVD NEWPORT BEACH CA 92883-3818 GROUP: 000238 POLICY NUMBER: 0014249-2011 CERTIFICATE ID: 22 CERTIFICATE EXPIRES: 09-11-2012 09-11-2011/09-11-2012 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated, This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer, We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms,, exclusions, and conditions, of such policy. Ct— o" m C � Authorized Representative6 President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT X1800 - YEREMIAN, RAFFIE R P,S T - EXCLUDED. ENDORSEMENT X1600 - YEREMIAN, HARMIK ARA VICEPRES - EXCLUDED. ENDORSEMENT X2055 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-11-2011 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER R Y ENGINEERING WORKS INC NT PO BOX 4181 BURBANK CA 91503 [B10,SC1 PRINTED : 03-22-2012 (REV, 8-207 e) = CITY OF NEWPORT BEACH City Council Staff Report MAS 13 2012 Agenda Item No. 5 March 13, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadumaanewportbeachca.aov PREPARED BY: Peter Tauscher, Junior Civil Engineer APPROVED:-�ZG_�l /bC� TITLE: Award of Contract No. 4822 for 2011-2012 Streetlight Improvement Project ABSTRACT: In an on-going effort to rehabilitate the City's aging streetlight system by increasing reliability and decreasing energy and maintenance cost, staff requests City Council approval to award the FY 2011-2012 Streetlight Improvement Project to Unique Performance Construction, Inc. RECOMMENDATIONS: 1. Approve the project plans and specifications; 2. Reject the low bid received from Pro Tech Engineering Corporation as non -responsible. 3. Award Contract No. 4822 to Unique Performance Construction, Inc., for the total bid price of $273,840.00 and authorize the Mayor and the City Clerk to execute the contract. 4. Establish a contingency of $28,000.00, approximately 10 percent, to cover the cost of unforeseen work. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funds for this contract. Account Description Account Number Amount General Fund 7013-C2202002 $ 301.840.00 $ 301,840.00 Proposed uses are as follows: Vendor Purpose Amount Unique Performance Construction, Inc. Construction Contract $ 273,840.00 Unique Performance Construction, Inc. Construction Contingency 28,000.00 Total: $ 301,840.00 Award of Contract No. 4822 for 2011-2012 Streetlight Improvement Project March 13, 2012 Page 2 DISCUSSION: At 10:00 a.m. on January 31, 2012, the City Clerk opened and read the following bids for the FY 2011-2012 Streetlight Improvement Project: Low 2 3 4 5 6 7 8 9 BIDDER Pro Tech Engineering Corporation Unique Performance Construction, Inc. Traffic Development Services Steiny and Company, Inc. California Professional Engineering Sully -Miller Contracting Co. J.F.L. Electric, Inc. PTM General Engineering Service, Inc. International Line Builders, Inc. TOTAL BID AMOUNT $265,265.00" $273,840.00 $309,510.00" $311,000.00 $322,906.00 $330,987.00*** $364,565.55 $367,167.00 $564,478.00`*** Bid Rejected ** As -bid amount is $304,560.00 **` As -bid amount is $333,837.00 **** As -bid amount is $565,521.00 Upon completing reference checks of the apparent low bidder, Pro Tech Engineering Corporation (Pro Tech), and given the documented historical unsatisfactory contract performance by this contractor on past City projects, staff recommends rejecting Pro Tech's bid, the apparent low bidder for the following reasons: o Pro Tech was previously awarded the Balboa Peninsula Streetlight Modifications project (C-3416) in June 2001, where numerous problems concerning inferior work quality, uncompleted work, and incorrectly installed facilities were encountered. Examples of work performance safety problems in the City included missing ground wires, improper splices, and exposed fuses and wires. Extensive corrective work was required extending the final project completion date and resulting in costly change orders. Furthermore, past failures of that streetlight system have been traced back and attributed to Pro Tech Engineering Corporation's inferior installation including direct violations of the Electrical Code. ® May 28, 2008, Pro Tech's low bid was rejected by City Council for Contract No. 3975, Traffic Signal Modernization — Phase 1 Construction, due to the lack of cooperation to provide the required contractual documents and information. For example, the City requested certification for employees to perform work as electricians pursuant to California Labor Code 3099. Pro Tech made no attempt to contact the City to resolve the contractual documents and missing information issues, nor ever produced the required documents on the Phase 1 Traffic Signal Modernization project. e A check of Pro Tech's recent references as part of this project bid indicated that Pro Tech Engineering Corporation continues to have similar issues completing projects in other municipalities such as the cities of Downey, Orange, and Diamond Bar. Those agencies cited Pro Tech's inadequate supervision and oversight of the projects, on-going problems with traffic control, not following directions, and not completing work in a timely manner. Award of Contract No. 4822 for 2011-2012 Streetlight Improvement Project March 13, 2012 Page 3 In accordance with Due Process procedures, and at the request of Pro Tech, an informal hearing was held on February 23, 2012 with Mike Niknafs, President of Pro Tech, Public Works staff, and Rob Houston with the City Manager's Office who served as a third party review body and facilitator of the hearing. Information regarding staff concerns, reference checks, history of past performance by the contractor, and other related problems were provided by the Public Works Department. Mr. Niknafs had an opportunity to discuss the presented information and concerns and refuted the claims presented. As an outcome of the meeting, and in an effort to afford Mr. Niknafs the opportunity to provide additional references or information that we could evaluate to reconsider our decision, Mr. Niknafs was given a deadline of February 2gth to provide any additional information, work references, and employee references to support Pro Tech's position. As requested, Pro Tech provided two additional references, City of Downey and Garden Grove, who called on behalf of Mr. Niknafs appeal and stated that they are at best satisfied with the quality of Pro Tech's work. However, the City of Downey stated that there were continuous traffic control issues on the project which needed to be continually addressed. The reference check from the City of Garden Grove stated that the work was adequate, but the Project Manager was not good and working with Pro Tech was not a favorable experience. No employee references were provided as requested. For these reasons staff recommends not awarding this contract to the apparent low bidder, Pro Tech, and instead awarding the contract to the second apparent low bidder. The second low bidder, Unique Performance Construction, Inc., (Unique Performance), possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Unique Performance's references indicates satisfactory completion of capital improvement projects in other municipalities including cities of Seal Beach, Bellflower, and Laguna Beach. Unique Performance Construction's total bid amount is approximately 12 percent below the Engineer's Estimate of $310,000.00. The work for this contract includes removing 41 streetlight fixtures, installing new energy efficient LED streetlight fixtures, and upgrading the existing streetlight circuit per the City's Streetlight Replacement Master Plan. The work area includes the Anniversary Tract and portions of Irvine Avenue and University Drive. Pursuant to the contract specifications, the contractor will have 45 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQK) 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. Award of Contract No. 4822 for 2011-2012 Streetlight Improvement Project March 13, 2012 Page 4 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. Submitted by: A. Location Map FY 2011-2012 STREETLIGHT IMPROVEMENT PROJECT Contract No. 4822 AV W(ER kV j OQ AV ~ V MERRIMAC CITY OF AN AALINGIOR OR. Y qp CITY O TA iAIR i OR P pd OF m IR4ANE VICTORIA ST J P p�.,R511T' OR 0,�4 19TH ST a�¢� •St �i p� 1�rN P � 5 CITY N G s, NEW CH ®EAvp &, �1 �P B11 OR yll X � ? RO P4CIFIC PROJECT LOCATION oCi. ON SHM SHM Pu Wp MCINI Y ASAP Agenda Item No. 5 March 13, 2012 RESOLUTION NO. 2012-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REJECTING THE LOW BIDDER, PRO TECH ENGINEERING CORPORATION, FOR THE FY 2011-2012 STREET LIGHT IMPROVEMENT PROJECT AS NON -RESPONSIBLE WHEREAS, the City of Newport Beach ("City") solicited bids for a FY 2011-2012 Street Light Improvement Project as part of its on-going effort to rehabilitate the City's aging streetlight system by increasing reliability and decreasing energy and maintenance costs ("Project"); and WHEREAS, Pro Tech Engineering Corporation ("Contractor") submitted the low bid for the Project; and WHEREAS, a project is generally awarded to the low bidder unless the City finds the bidder is non -responsible; and WHEREAS, California Public Contracts Code Section 1103 defines a "responsible bidder" as "a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract;" and WHEREAS, California courts have held that a bidder may be rejected as non - responsible when the bidder is "not qualified to do the particular work under consideration" (City of Inglewood -Los Angeles County Civic Center Authority et al. v. The Superior Court of Los Angeles (1972) 7 Cal.3d 861, 867); and WHEREAS, based upon the City's previous experience with Contractor and the findings provided below, staff recommends the City Council reject Contractor's bid and find that Contractor is non -responsible. NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The City Council rejects Pro Tech Engineering Corporation's bid as non -responsible and finds that it is not qualified to perform the Project based upon the following: A) The Contractor was previously awarded the Balboa Peninsula Streetlight Modifications project (C-3416) in June 2001. The City experienced numerous problems with the Contractor including but not limited to inferior work quality, uncompleted work, incorrectly installed facilities, and performance safety problems including missing ground wires, improper splices, and exposed fuses and wires. Extensive corrective work was required extending the final project completion date and resulting in costly change orders. Furthermore, past failures of that streetlight system have been traced back and attributed to the Contractor's inferior installation and direct violations of the Electrical Code. B) On May 28, 2008, the Contractor's low bid was rejected by the City Council for Contract No. 3975, Traffic Signal Modernization - Phase 1 Construction, due to the lack of cooperation to provide the required contractual documents and information. For example, the City requested certification for employees to perform work as electricians pursuant to California Labor Code Section 3099, however, the Contractor made no attempt to contact the City to resolve the contractual documents and missing information issues, nor did it ever produce the required documents on the Phase 1 Traffic Signal Modernization project. C) A recent check of the Contractor's references indicated that it continues to have similar issues completing projects in other municipalities such as the cities of Downey, Orange, and Diamond Bar. Those cities cited the Contractor's inadequate supervision and oversight of projects, on-going problems with traffic control, an inability to follow directions, and not completing work in a timely manner. D) In accordance with due process requirements, and at the request of the Contractor, an informal hearing was held on February 23, 2012 with Mike Niknafs, President of Pro Tech Engineering Corporation, Public Works staff, and Rob Houston with the City Manager's Office who served as a third -party review body and facilitator of the hearing. Information regarding staff concerns, reference checks, history of past performance by the Contractor, and other related problems were provided by the Public Works Department. Mr. Niknafs had an opportunity to present both oral and written information to address the City's concerns and respond to staff's finding of non -responsibility. To afford Mr. Niknafs the opportunity to provide additional references or information Mr. Niknafs was given a deadline of February 29, 2012 to provide any additional information, work references, and employee references to show that the Contractor was responsible. In response, the Contractor provided two additional references, cities of Downey and Garden Grove, who called on behalf of Mr. Niknafs and stated that they are at best satisfied with the quality of the Contractor's work. However, the City of Downey stated that there were continuous traffic control issues on the project which needed to be continually addressed. The reference check from the City of Garden Grove stated that the work was adequate, but the Project Manager was not good and working with the Contractor was not a favorable experience. No employee references were provided by Contractor. Following the informal hearing and the additional information supplied by the Contractor, City staff finds that the Contractor is not qualified to perform the work required by the Project and recommends it be found non -responsible. Section 2: The City Council finds this Project and the finding of non -responsible categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302(c) (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. Section 3: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 13th day of March, 2012. Mayor ATTEST: City Clerk