HomeMy WebLinkAboutC-5193 - 2012-2013 Streetlight Improvement ProjectCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani I. Brown, MMC
June 11, 2014
Rakan, Inc.
2312 Park Avenue, Suite 116
Tustin, CA 92782
Subject: 2012-2013 Street Light Improvement Project C-5193
Dear Rakan, Inc.:
On June 11, 2013 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 June
26, 2013. Reference No. 2013000386282. The Surety for the contract is
Developers Surety and Indemenity Company and the bond number is 801998P.
Enclosed is the Faithful Performance Bond.
Sincerel�(yr,,�A
04
Leilani I. Brown, MMC
City Clerk
Enclosure
100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov
Bond No. 801998P
Premium: $3,982.00
Prennum is for contract lean and is subject
to adjustment based on final contract Price.
City of Newport Beach
2012-2013 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5193
BOND NO. 801998P
FAITHFUL PERFORMANCE BOND
The premium charges an this Bond is $ 3,982.00
being at the rate of $ 30.00 thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to Rakan, Inc., hereinafter designated as the "Principal", a contract for
construction of 2012-2013 STREETLIGHT IMPROVEMENT PROJECT, Contract No. 5193 in the
City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other
Contract Documents maintained in the Public Works Department of the City of Newport Beach, all
of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 5193 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and Developers Surety and Indemnity Company
duly authorized to transact business under the laws of the State of
California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport
Beach, in the sum of One Hundred Thirty -Two Thousand, Seven Hundred Thirty and 001100
Dollars ($132,730.00) lawful money of the United States of America, said sum being equal to
100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its
successors, and assigns; for which payment well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its
officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same,
in an amount not exceeding the sum specified in this Bond: otherwise this obligation shall become
null and void.
31
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees, including
reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an
.action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or to
the specifications accompanying the same shall in any way affect its obligations on this Bond, and
it does hereby waive notice of any such change, extension of time, alterations or additions of the
Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the loth day of December 2012.
��/res ��.SIe•�- _ -
Rakan, Inc. (Principal) Authorized Signature/Title ! /If/2c,13
Developers Surety and Indemnity Company
Name of SuretyAuthorized Agent Signature
17771 Cowan, Suite 100, Irvine, CA 92614
Address of Surety
800-782-1546
Telephone
Janelle L. Tuominen, attorney-in-fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
32
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Dir—mg if-
On t(rtUG (j 02f (3 before me,
personally appeared
NIM RIEFF
Cammisetan ! 1907536
law 41M1 Notary Public California
Orange county
Comm. Expirasian 28, 20191
Place Notary seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
rr
Here
CML CODE 9 1189
who proved to me on the basis of satisfactory
evidence to be the persorl(erwhose names) is/ate-
subscribed to the within instrument and acknowledged
to me that he/soe fW executed the same in
hislber/tflstf authorized capacity and that by
his/berlthei( signaturejs)-on the instrument the
personjs); or the entity upon behalf of which the
personk<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 handan official seal.
Signature: .�
Signature of Not ubl
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
u
® 2010 National Notary Association • NafianalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 46907
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 2633309
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNffY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby maK constitute and appoint
"'Susan C. Morrison, Janelle L. Tuominen, jointly or severally`'
as their true and lawful Attomey(s)-in-Fact to make, execute, deliver and acknowledge, for and on behalf of said caryrxabons, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Att xney(s}in-Fact full power and authority to do and to pedam every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the act of said Atlomey(s)-in-Fact, pursuant to these presents,
are hereby ratified and mnffmhed.
This Power of Attorney is granted and is signed by fammde under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President a any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attomey, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporation be, and each of them hereby is, authorized
to attest the execution of any sndh Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers 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 shell be valid and binding upon the corporations when so affixed and in the futae with respect to any bond, undertaking
or contract of suretyship to which it is attached. _
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caned these presents to be signed by
their respective officers and attested by their respective Secretary a Assistant Secretary this November 16, 2012.
By: 074.v Sy'ANO *% I tj,PANyO
Daniel Young, Senior Vice -President �j;rapO»dFby, GO p,POq p
y+yW X40 Tja.y.e til ri
y� Cr/eSy:Y 6I i?10 - = OCT.6 �� 0
,,r td i
Gregg N. ce-President s 1936e.* & p o 1967 =
.t7eyO .tiOW P,.*A�ei` 4CyFOPN�Pa
State of California
County of Oange
On November 16, 2012 before me, _ Antonio Alvarado Notary Public
Date Here Insm Name and Title of the Officer
personalty appeared Daniel Young and Gregg N. Okura
Name(s) of Signer(s)
The undersigned, as Secretary a Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporation set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 1 Oth day of December , 2012
By:
Mark J. Landon, Assistant Secretary
ID-1380(Rev.11112)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to
the within instrument and acknowledged to me that heishefthey executed the same in hlsdreddleir authorized
ALVARADO
capaatyues), and that by hisrherNheir signature(s) on the instrument the person(s), or the entity upon behalf of
# 181�iiB43
which the person(s) acted, executed the instrument.
lbiApY PUBLIC
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
OR7iNIgE CCIRiTY
Opnm. 4 21119
We and correct.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature
Antonio Alvarado, Notary Public
CERTIFICATE
The undersigned, as Secretary a Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporation set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 1 Oth day of December , 2012
By:
Mark J. Landon, Assistant Secretary
ID-1380(Rev.11112)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of
Riverside
On December 10, 2012 before me, Eameralda Ureno, , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Janelle L. Tuominen
Name(s) of Signer(s)
ESMERALDA URENO
Commission • 1897838
Notary Public • California
Orenpe County
+
Comm. Expires Jul 31, 2014
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my han official seal.
Signature �4,,rr4 (
Place Notary Seal Above Sig f Notary b is
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):_
❑ Partner ❑Limited ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s): —
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani Brown, CMC
May 8, 2014
Rakan, Inc.
2312 Park Avenue, Suite 116
Tustin, CA 92782
Subject: 2012-2013 Street Light Improvement Project - C-5193
Dear Rakan, Inc.:
On June 11, 2013 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
June 26, 2013, Reference No. 2013000386282. The Surety for the bond is
Developers Surety and Indemenity Company and the bond number is 801998P.
Enclosed is the Labor & Materials Payment Bond.
Sincerely,
0*i J 0�'�
Leilani I. Brown, MMC
City Clerk
Enclosure
100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 9 www.newportbeachea.gov
Bond Number: 801998P
Premium indude in
Performance Bond.
City of Newport Beach
2012-2013 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5193
BOND NO. 801998P
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to Rakan, Inc., hereinafter designated as the "Principal," a contract for
construction of 2012-2013 STREETLIGHT IMPROVEMENT PROJECT, Contract No. 5193 in the
City of Newport Beach, in strict conformity with the plans, drawings, specifications and other
Contract Documents in the office of the Public Works Department of the City of Newport Beach, all
of which are incorporated herein by this reference.
WHEREAS, Principal has executed oris about to execute Contract No. 5193 and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW. THEREFORE, We the undersigned Principal, and,
Developers Surety and Indmenity Company duly authorizedto transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety") are
held firmly bound unto the City of Newport Beach, in the sum of One Hundred Thirty -Two
Thousand, Seven Hundred Thirty and 001100 Dollars ($132,730.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated amount payable by the City of
Newport Beach under the terms of the Contract; for which payment well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery
used in, upon, for, or about the performance of the work contracted to be done, or for any other
work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code
with respect to such work or labor, or for any amounts required to be deducted, withheld and paid
over to the Employment Development Department from the wages of employees of the Principal
and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect
to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum
specked in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a
reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of
the Civil Code of the State of California.
35
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 et. seq. of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed thereunder
or the specifications accompanying the same shall in any wise affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions to
the terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named
Principal and Surety, on the Loth day of D=mher , 2012.
K _ fl� k -L -
Rakan, Inc. (Principal) Jr Au horized Signaturenitle f�/5/�D��
Developers Surety and Indemnity Company
Name of Surety
17771 Cowan, Suite 100, Irvine, CA 92614
Address of Surety
800-782-1546
Telephone
�4
Authorized Agent Signature
4111-
fanelle L. Tuominen, attorney-in-fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
36
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 0 r0jAg e
On JCth" 15- X2
gate '
personally appeared
CML CODE § 1189
who proved to me on the basis of satisfactory
evidence to be the personW`whose nameo is/,3;e
subscribed to the within instrument and acknowledged
to me that he/sb6AW executed the same in
his/horAlleir authorized capacityUW, and that by
KIM RIEFF his/W/th6ir signature(,s�-on the instrument the
Comrnlasfon # 1967596 persorlkW or the entity upon behalf of which the
LOMY Notary Public - caf ntia persop(6facted, executed the instrument.
Oranpe County
Comm. Expires Jan 2r 7m r, 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 fficial seal. `
Signature: /
Place Notary Seal Above Synalure of Notary Pyl' is
OPTIONAL •(
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer —
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
Guardian or Conservator
Other:
Signer Is Representing:
® 2010 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-682]) Item #5907
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint*
***Susan C. Monteon, Janelle L. Tuominen, jointly or severally—
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Aftomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents,
are hereby ratified and confined,
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a cornbination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomay(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this November 16, 2012.
�
By: � iY AND INo w Yp,PRNyO
Daniel Young, Senior Mce-President rte -:3 pop 'gy y aG QPPOAH p
sw G OCT. s''e 2 2G T�p9T
OCT, 5
By. xo' 1967 a
mgg N. 0 rce-President�'•,. 'sCs> D O q 2
State of California
County of Orange
On November 16,2012 before me, _ AntonioAlvaredo, Notary Public
Date Here Insert Name and Title of the Officer
personalty appeared Daniel Young and Gregg N. Okura
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to
the within instrument and -acknowledged to me that helshelthey executed the same in hisrhenhheir authorized
�� (4LVAflADO capadty(ies), and that by hismarMeir signature(s) on the instrument the person(s), or the entity upon behalf of
ANTt:Uli!#+1 M 1880M which the person(s) acted, executed the instrument.
N0vgiY PLMW CALIF(~ I certify under PENALTY OF PERJURY under the laws of the State of CalNomia that the foregoing paragraph is
ORANGE ' true and correct.
#iy tDrrim. myriee 8.5
�♦*�
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Antonio Alvarado, Notary Public
CERTIFICATE
The undersigned, as Secretary orAssistanl Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the CAy of Irvine, California, this 1 Oth day of December , 2012 .
By: ( C�
Mark J. Landon, Assistant Secretary
ID-1380(Rev.11112)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Riverside -
On December 10, 2012 before me, Esmeralda Ilreno, , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Janelle L. Tuominen
=%ESMERALOA
URENOURENO 8
alifornia
unty
Jul 31, 2014
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
`f
Signature , ,Oa \ A,
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
LS
Corporate Officer —Title(s):
Partner ❑ Limited ❑ General
Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee'
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
C' 5,tq3
Gi Sent To:
cit
4 Manages STOP PAYMENT NOTICE
C'fty Att rnei LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS
Rte (Public or Private Work of Improvement)
(Per California Civil Code Section 8520, 8530 & 9350)
To: City of Newport Beach
IName of owner, public enliry or ximilructum lender)
100 Civic Center Drive
(Address, if directed to a bank use address of branch holding fund)
Newport Beach, CA 92660
(if directed to public emit, to the department or officer whose duty if Is to make payments)
Project: 2012-2013 Streetlight Improvements
(Name)
Irvine Ave and 16th Street
(Street Address or Legal Description)
Newport Beach, CA
Name and address of the Project Owner (or reputed owner): City of Newport Beach
100 Civic Center Drive, Newport Beach, CA 92660
Name and address of the Direct Contractor: Rakan, Inc.
2312 Park Avenue #116, Tustin CA 92782
Name and address of the Construction Lender (it any): None.
TAKE NOTICE THAT Ganahl Lumber Company (Claimant)
(Legal name of me person or firm claiming the stop payment notes)
whose address is 1275 S. Bristol Street, Costa Mesa CA 92626
(Address of person ar firm daimirg slop nolirs)
has performed labor and furnished materials for a work of improvement described above as Project. The relationship of the
Claimant to the other parties is: Material Supplier
The work furnished by claimant is: Furnished lumber, plywood and mist. material
(generally describe labor, service, equipment or material fumlSGed or agreed to be furnished by claimanit
The labor and materials were furnished at the request of the following party: Rakan, Inc.
Total value of the whole amount of labor and materials agreed to be furnished is ...... $ 2231.15
The value of the labor and materials furnished to date is: .......................................... $ 2.231.15
Claimant has been paid the sum of: ......................................................................................... $ 0.00
and there is due, owing and unpaid the sum of: ....................... ................... ... - $ 2,231.15
You are required to set aside sufficient funds to satisfy this claim as provided by law. You are also notified that claimant claims
an equitable lien against any construction funds for this project which are in your hands.
Dated June 20, 2013 NAME: Ganahl Lumber Company
(Name of stop notice n iJ.
By �a�N
rgf `
enlois op nati9n here end vanry below)
Authorized Capacity: Norman A. Filer, Attorney
VERIFICATION
I, the undersigned, state: I am the _Attorney of the claimant named in the
(True -'President',"Penner',-Owner", `Agent', etc.)
foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under
penalty of perjury under the laws of the Slate of California that the foregoing is true and correct.
Executed on June 20 P013 at Orange atforni
(Dale this document was signed) (name of aly where stop not'vignetl)
By:
Inmeona:Tena.. al me nduiwei w,o a ewewing d,anhe eanwnte ar -- emp norce e,. wet
REQUEST FOR NOTICE OF ELECTION
(Private Works Only)
(Per California Civil Code Section 8536 & 8538)
If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded,
please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed
stamped envelope. This information must be provided by you under Civil Code Sections 8536 & 8538.
Signed:
(Claimant must enclose self-addressed stamped envelope)
PROOF OF NOTICE DECLARATION
(Per California Civil Code Section 8118)
I Norman Filer declare that I served a copy of the Stop Payment Notice on the party at the address
and on the date shown below:
To Construction Lender/Owner/Public Entity/Or Other Person Holding Construction Funds:
(name) Sherry Rooks
(title or capacity of individual given notice) Public Works Dept.
(address) 100 Civic Center Drive, Newport Beach, CA 92660
(date) June 25, 2013
Stop Payment Notice should be served at the following location:
(a) To an owner other than a public entity, the owner's address shown on the direct contract, the building permit or a constmction
trust deed;
(b) To a public entity, the office of the public entity or another address specified by the public entity in the contract or elsewhere
for service of notices, papers or other documents, A Stop Payment Notice for a public works contract of the state, shall
be given to the director of the department that awarded the contract; and to a public entity other than the state, to the
office of the controller. auditor or other public disbursing officer whose duty it is to make payment pursuant to the
contract (see Civil Code §9354 for more information).
(c) To a direct contractor, at the contractor's address shown on the building permit, on the direct contract, or on the records of the
Contractors' State License Board.
In the following manner (check appropriate box);
[ I By personal delivery
V By Registered or Certified Mail (postage prepaid)
[ I Express mail
[ I Overnight delivery by
an express service carrier
I declare under penalty of perjury, that the foregoing is true and correct. Executed on June 25, 2013 at 1
Orange California,
(Signature of person making service)
C&B Forms (7/12)
CALIFORNIA PRELIMINARY NOTICE
(For use on Private and Public Works)
See Civil Code Sections 8200, at seq., 9300, at seq.
via CERTIFIED MAIL ori -01,-'22-2013 i
To:
IIIIIII IIII IIIIIIIIIIII11IIIIIIIIIIII III[ 111111IIII IIIIII]IIIIIII
9.95343.1.3 / 10-91
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD
NEWPORT BEACH CA 92663
YOU ARE HEREBY NOTIFIED THAT...
From:
:G 1, LUMBER COMPANY
1275'S BRISTOL ST
COSTA MESA, CA 92626-5967
ROSS CIRRINCIONE
Ph# 714-513-3859
Relationship to other parties: SUPPLIER
GANAHL LUMBER COMPANY has furnished or will furnish labor, service, equipment or
material of the following general description:
LUMBER, PLYWOOD, BUILDING MATERIALS AND OTHER MISCELLANEOUS MATERIALS
for building, structure or other work of improvement located at:
2012-2013 STREETLIGHT IMP PROJ -AT IRVINE AVE & 16TH STREET, NEWPORT BEACH CA 92563
The name of the person or firm who contracted for the purchase of such labor, services,
equipment or materials is: RAKAN INCORPORATED
An estimate of the total price of labor, services, equipment or material is: ..$10,000.00.'::
Construction Lender (REPUTED):
Owner (REPUTED) or Public Entity:
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD
NEWPORT BEACH CA 92663
Direct Contractor (REPUTED):
RAKAN INCORPORATED
2312 PARK AVENUE #116
TUSTIN CA 92782
Subcontractor With Whom Claimant Contracted:
NOTICE TO PROPERTY OWNER
EVEN THOUGH YOU MAY HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this
notice is not paid In full for labor, service, equipment, or material provided or to be provided to your construction
project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your
pproperty. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release
by the person or firm that has given you this notice before making payment to your contractor, or (2) any other
method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned
as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the
contractor or the person employed by you on the construction pro act. If you record a notice of cessation or
completion of your construction project, you must within 10 jays after recording, send a copy of the notice of
completion to your contractor and the person or firm that has given you this notice. The notice must be sent by
registered mail or certified mail. Failure to send the notice will extend the deadlines to record a claim of lien. You
are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units.
p113'F51 / 012211-1 / 70-91
5�a3 STOP PAYMENT NOTICE
C' LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS
PRIVATE AND PUBLIC WORKS
(California Civil Code §§ 8500 et seq., 9350 et seq.)
❑ Bonded Stop Payment Notice — Bond Attached
To: Citv of Newport Beach. 3300 NewDort Blvd.. NewDort Beach. CA 92663 -
(Name and Address of Construction Lender or Owner/Reputed Owner or Public Entity)
— Sufficient for Identification, Including Street Address, if any –§ 8102(a)(4) – I
Citv of Newport Beach. 3300 NewDort Blvd.. NewDort Beach. CA 92663
(Name and Address of Owner)
Rakan Inc., 2312 Park Ave., #116, Tustin, CA 92782 Date 6l3 13
(Name and Address of Direct Contractor) Copies Sent To:
(Claimant's Name, Address and Relationship to the Parties - § 8102(a)(5))
(Name of the Person to or for Whom the Work is Provided - § 8102(a)(6)(b))
Electrical Equipment & Supplies
(General Description of Work Provided and to be Provided — §§ 8102(a)(6)(a), 8502(b), 9352(b)
Estimate of total amount in value of the work to be provided: $27,734.40
Total amount due claimant for work provided through the date of this
Stop Payment Notice, after deducting all just credits and offsets: $27,734.40
VERIFICATION
I, the undersigned, say: I am the Account Rep - Customer Financial Services
("President Of," "Manager Of," "A Partner Of," "Owner Of," "Agent Of," Etc.)
the claimant named in the foregoing Stop Payment Notice; I have read said Stop Payment Notice and know
the contents thereof, and the same is true of my own knowledge. I declare under penalty of perjury under the
laws of the State of California that the foregoing is true and correct.
Executed on 6-12-13 at Anaheim. CA
(Date This Documen was Signed) and State Where Document Signed)
(Signature of The ndivi I Who Is Verifying That The Contents Of Stop Payment Notice are True)
REQUEST FOR NOTICE OF ELECTION
(Private Works Only) (California Civil Code §§ 8522, 8600, et seq.)
If an election is made not to withhold funds pursuant to this stop payment notice by reason of a payment
bond having been recorded in accordance with §§ 8522, 8600, et seq., please send notice of such
election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped
envelope. (CLAIMANT MUST ENCLOSE SELF-ADDRESSED STAMPED ENVELOPE.) This information
must be provided by you under California Civil Code §§ 8522, 8600, et seq.
Signed:
PRINT NAME
Note: Claimant must serve this Stop Payment Notice in accordance with the provisions of Civil Code § 8106 and
should complete and maintain a Proof of Notice Declaration in accordance with Civil Code § 8118.
-Dated:'., '02167143,
CA234716
7114 7389 6621 2504 2064 V
vCALIFORNIA "PREL'IMINARY NOTICE
This is not a Lien. Civil Code Sections 8200, et seq., 9300, et seq.
Reputed Owner or Public Entity
02/07113 CA234716
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD
NEWPORT BEACH CA 92663
Reputed Construction Lender or Lessee
CO# 2012-2013 STREET LIGHT IMP
BOND# 801998P1DEVELOPERS SUR
& INDEMNITY COM 7771 COWAN
#100/IRVINE CA 92614
Reputed Direct Contractor
RAKANINC
2312 PARK AVE #116
TUSTIN CA 92782
A.D.C. UNKNOWN
EVEN THOUGH YOU HAVE PAID YOUR
CONTRACTOR IN FULL, if the person or firm that
has given you this notice is not paid In full for
labor, service, equipment or material provided or
to be provided to your construction project, a lien
may be placed on your property. Foreclosure of
the lien may lead to loss of all or part of your
property. You may wish to protect yourself
against this by (1) requiring your contractor to
provide a signed release by the person or firm
that has given you this notice before making
payment to your contractor, or (2) any other method
that is appropriate under the circumstances. This
notice is required by law to be served by the
undersigned as a statement of your legal rights.
This notice is not intended to reflect upon the
financial condition of the contractor or the person
employed by you on the construction project.
If you record a notice of cessation or completion of
your construction project, you must within 10 days
after recording, send a copy of the notice of
completion to your contractor and the person or firm
that has given you this notice. The notice must be
sent by registered or certified mail. Failure to send
the notice will extend the deadline to record a claim
of lien. You are not requied to send the notice if you
are a residential homeowner of a dwelling
1 - You are hereby notified that
GENERAL° SUPPLY & SERVICES INC
DBA GEXPRO
2099 S STATE COLLEGE BLVD #200
ANAHEIM CA 92806
2 - Has furnished or will furnish labor,
services, equipment, or materials of
the following general description:
ELECTR. EQUIPMENT & SUPPLIES
3 - An estimate of the total price of the
labor, services, equipment, or materials
furnished or to be furnished is:
$28,000.00
4 - The building, structure or other work of
improvement is located at:
PO# 2021
2012-2013 STREET LIGHT
IMP/ IRVINE & 16TH ST
NEWPORT BEACH CA 92663
5 - The name of the person to or for whom the work Is
provided.
021/ RAKAN INC
2312 PARK AVE #116
TUSTI N CA 92782
The relationship to the party(les) giving this notice is:
Material Supplier
6 - Name and address of Trust Funds to which
Supplemental Fringe Benefits are payable
(if applicable):
7 - Jobslte is Federal Public Work Title 40 USC
Sec. 270A -270E.
Contract #
Bond Co:
Signed-
Authorized Agent
Construction Notice Services, Inc. 1-600.366.5660
Stop Notice
Legal Notice to Withhold Construction Fursds;�o= n7 ;+.
Public or Private Works — California Civil Code Section `3103
X To Owner: City of Newport Beach Cr,
❑ To Lending Institution
YOU ARE HEREBY NOTIFIED that: VT ELECTRIC INC.
Claimant, who is located at: 869 W 9 ST. UPLAND CA 91786
Has performed labor and/or furnished materials for a work of improvement located at:
City of Newport Beach @ Irvine Ave and 151h Steet
The labor and/or materials furnished by the claimant are of the following general kind:
The labor and/or materials were furnished to/for the following party: RAKAN INC.
Total value of the whole amount of labor and materials agreed to be furnished:... 100%
The value of the labor and materials furnished to date .................................$ 11 00� 0.00
Claimant has been paid the sum of .......................................................... $ 4,200.00
,
Due, owing and unpaid is the sum of ..........................................................$ 6.800.00
You are required to set aside sufficient funds to satisfy this claim with interest, court costs, and
reasonable costs of litigation, as provided by law. You are also notified that claimant claims an
equitable lien against any construction fund for this project which are in your hands.
VERIFICATION
I, the undersigned, say: I am the President the claimant named in the
foregoing Stop Notice. I have read said Stop Notice and know the contents thereof; the same is
true of my own knowledge. I declare, under penalty of perjury under the laws of the State of
California, that the foregoing is true and correct.
Executed on June 25, 2013 at Upland, California.
SCJ `/ —,,Q --A
Hate 4�6.ti76/3
Copies Sent To:
City Council
City Manager
City Attorney
File
A?
Proof of Service of Stop Notice
I, Tony Tran, declare that I served copies of the above stop notice on:
X (Owner): City of Newport Beach
❑ (Lender)
❑ By personally delivering a copy to Owner at
❑ Lender at
X By First Class Certified or Registered Mail service, postage prepaid, addressed to:
X Owner: at 3300 Newport Blvd., Newport Beach, CA 92663
on May 15, 2013
❑ Lender at
on
20
Verification [CCP§ 4461
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct, this 15th day of May at Upland, California.
- P=:::I
Signature ��N�5���/VT
THIS IS NOT A LIEN. THIS NOTICE IS GIVEN
PURSUANT TO SECTIONS 3097 AND 3098, CALIFORNIA
CALIFORNIA CIVIL CODE. THIS IS NOT PRELIMINARY
A REFLECTION ON THE INTEGRITY OF'NOTICE
ANY CONTRACTOR OR SUBCONTRACTOR.
CONSTRUCTION LENDER, or
Reputed Construction Lender, if any.
NONE
C ,
" CUSTOMER "
1012
OWNER or PUBLICAGENCY ORING
or Reputed Owner (on public work)
(on private work or the building, structure or other work of improvement located at:
Irvine Ave & 15th St., Newport Beach
City of Newport Beach
3300 Newport Blvd An estimate of the total price of the labor, services,
Newport Beach, CA 92663 equipment or inaterialviumistred'brie urnished is:
/ n
�
1 I l
`Trust Funds to which Supplemental Fringe Benefits are Payable
ORIGINAL CONTRACTOR or
Reputed Contractor, If any. BYOfflee Asst. D3/04I2013 ''
tgna re (Title) "Dated:
Rakan, Inc
2312 Park Ave # 116
Tustin, CA 92614
SUBCONTRACTOR / person or firm who
contracted for the purchase of such
labor, services, equipment or material is:
BILLS ARE NOT PAID IN FULL FOR THE LABOR,
ERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR
BE FURNISHED, A MECHANIC'S LIEN LEADING TO
1E LOSS, THROUGH COURT FORECLOSURE
3OCEEDINGS, OF ALL OR PART OF YOUR PROPERTY
EING SO IMPROVED MAY BE PLACED AGAINST THE
30PERTY EVEN THOUGH YOU HAVE PAID YOUR
ONTRACTOR IN FULL. YOU MAY WISH TO PROTECT
DURSELF AGAINST THIS CONSEQUENCE BY
) REQUIRING YOUR CONTRACTOR TO FURNISH A
GNED RELEASE BY THE PERSON OR FIRM GIVING
DU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR
DNTRACTOR OR (2) REQUIRING YOUR CONTRACTOR
D FURNISH A RECEIPT TO ESTABLISH THAT YOU PAID
iE CONTRACTOR IN FULL AND RECORDING NO LATER
IAN 30 DAYS FROM RECEIPT OF THIS PRELIMINARY
OTICE AN AFFIDAVIT THAT YOU PAID THE
ONTRACTOR IN FULL, OR (3) ANY OTHER METHOD OR
EVICE THAT IS APPROPRIATE UNDER THE
STOP PAYMENT NOTICE
(Business Entity as Claimant) 3113 JUL 12 P14 2: i 6
,t U
Name of Party Giving Notice: Ray's Trucking
Ui
lip
Street Address: P.O. Box 6553
City, State and Zip Code: Torrance, CA 90504
Relationship to other parties: Sub Contractor
Statement re Nature of work provided:
TRUCKING
Person/Party to whom work provided: Rakan, Inc.
Claimant's Estimate of total amount in value of the work to be provided:
Claimant's Demand for unpaid work through date of this notice:
Name of owner or reputed owner: ri ty of NPwnnrt Beach
Street Address: 3300 N—part B1 ud
City, State and Zip Code: Newport Beach, CA 92663
Name of direct contractor: Rakan, Inc.
Street Address: 2312 Park Ave
City, State and Zip Code: Tustin, CA. 92782
1
Name of construction lender: Develop rs surety and Tndemnity Co_
Street Address: 17771 Cowan Suite 100
City, State and Zip Code: Tryi ne, CA 92614 #801 998P
Site of the Improvement
Street Address: 16th & Try,ne Newport Beach
City, State and Zip Code: Newport Beach CA
Legal Description:
Stop Payment Notice
CA Civil Code § 8502
Date 7 ,;? 113
Copies Sent To:
City Council
City Manager
City Attorney
File
P
Pagel of 3
Date:
ATTESTED BY: (if required)
ignature
Sharon Alexander
Type or Print Name Type or Print Name
President/Owner
Position or Rank
Name of Entity: Peffrin Inc.
A Corporation
By: ll/
Sign a of authorized signatory
Its: President/Owner
Capacity of Signatory
I, Rharnn Al pxan,9ar , declare under penalty of perjury under the laws of
the State of California, that I have read the above STOP NOTICE, and I know it is true of my
own knowledge, except as to those things stated upon information and belief, and as to those I
believe it to be true.
Executed S / 20 A, at
Sharon Alexander
Type or Print Name
Note: CA Civil Code §8506 provides that a Stop Notice:
1. To an Owner shall be given to the Owner or the Owner's architect;
2. To a Construction Lender to the manager or other responsible party at the office or branch of
the lender administering or holding the construction funds.
Stop Payment Notice
CA Civil Code § 8502
Page 2 of 3
PROOF OF NOTICE DECLARATION
(Civil Code § 8118)
I, Sharon Alexander , declare that I have served copies of the
above STOP NOTICE by (check appropriate box below):
a. ❑ By personally delivering copies to:
Name:
Title:
At: Street Address:
City, State and Zip Code:
On:
20 , at
b.X By Certified, Express, or Registered Mail Service,
Name: CTv or- no"
Pte:
At: Street Address:
❑ am / ❑ pm,
prepaid addressed to:
City, State and Zip Code: New wI*T1 BP2ok CR Q �n
On: L la ,20J3 at TohhaliCe- ❑am/Xpm.
See attached doc mentation provided by the US Postal Service or express mail service showing
the date of delivery and the name of the person accepting delivery; tracking record or other
documentation from express carrier showing attempted delivery or delivery of the notice; or, in
the event of non-delivery, the returned envelope itself.
I declare under penalty of perjury that the foregoing is true and correct.
Signed at 'To I-�-2p(. California pn 10 20
oiaturP�
Sharon Alexander
Print or Type Name
ATTACH SERVICE LIST OF CERTIFIED OR REGISTERED MAIL WHEN
RETURNED, OR PHOTOCOPY OF POST OFFICE RECORD OF DELIVERY OF
RECEIPT.
SWORN TO AND SUBSCRIBED before me on this the day of r✓,
20_3
3otary Public
My Commission Expires: ��ly /
u
0 PATRICK F. SULLIVAN
o Comm. No. 1927432 n
NOTARY PURI IC -CALIFORNIA p
Stop Payment Notice LOS ANGELES COUNT: Page 3 of 3
CA Civil Code § 8502 My COMM, Exp. March 3, 2015
CZ6�J3
Release of Stop Notice
-,-P�rJ`D
To: CITY OF NEWPORT BEACH - 100 CIVIC CENTER DR., NEWPORT BEACH CA 92660 43 ¢' �—PM � €_
- m 3 : is 3•` rr
You are hereby notified that the undersigned claimant releases that certain Stop Noti(E CIF OF
,H
dated 05/09/2013
in the amount of $ 6,204.14
against CITY OF NEWPORT BEACH - 100 Civic Center Dr., Newport Beach CA 92660
as owner or public body and Rakan, Inc. - 2312 Park Ave., Ste 116, Tustin CA 92782
as prime contractor in connection with the work of improvement known as
1 Whitecliff Dr., - Various Locations within the City of Newport Beach CA
in the city of Newport Beach , County of Orange , State of California.
Date: 05/23/2013 Name of Claimant: HOLLIDAY ROCK CO.. INC
Date By:
Copies Sent To:
City Council
City Manager
City Attorney
File
Mahle,Uedit Manager
VERIFICATION
I, the undersigned, state: I am the Credit Manager of the claimant named in the foregoing
Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is tike
of my own knowledge.
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed on 05/23/2013 , at Upland
State of California
R_,
Partial Release of Stop Notice -
To: CITY OF NEWPORT BEACH - 100 CIVIC CENTER DR., NEWPORT BEACH CA 92660
You are hereby notified that the undersigned claimant partially releases that certain Stop Notice
dated 05/09/2013 against City of Newport Beach - 100 Civic Center Dr., Newport Beach CA 92660
as owner or public body and Rakan Inc. 2312 Park Ave Ste 116 Tustin CA 92782
as prime contractor in connection with the work of improvement know as
1 Whitcliff Dr. - Various Locations within the City of Newport Beach CA
in the City of Newport Beach
State of California.
,County of Orange
This Release is a Partial Release only by reason of the fact that the undersigned has not been paid
in full. The original amount of the Stop Notice herein referred to was in the sum of $ 8,328.37
There has been paid on account thereof the sum of $ 2,124.23 , leaving a balance now
presently due, owing and unpaid to the undersigned in the Sum of $ 6,204.14 Said Stop Notice
shall remain in fiill force and effect for the balance due the undersigned in the sum of $ 6,204.14
Date: 05/22/2013
Date 5-,1//3
Copies Sent To:
City Council
City Manager
City Attorney
�- File
it
r
Name of Claimant: HOLLIDAY ROCK CO., INC.
1406 N. BENSON AVE
UP AND CA 91786
ByrSa
M. M e, Credit Manager
VERIFICATION
I, the undersigned, state: I am the Credit Manager of the claimant named in the forego-
ing Partial Release; I have read said Partial Release of Stop Notice and know the contents thereof, and I
certify that the same is trite of my own knowledge.
I certify (or declare) under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on 05/22/2013 at Upland, CA - San Bernardino County
State of Califomia
'W
U
UNCONDITIONAL WAIVER AND
RELEASE ON FINAL PAYMENT
CIVIL CODE § 8138
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT
NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE
BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST
YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE
A CONDITIONAL WAIVER AND RELEASE FORM.
Identifying Information
Name of Claimant: Holliday Rock Co., Inc.
Name of Customer: RAKAN INC.
Job Location: 1 WHITECLIFF DR., VARIOUS LOCATIONS, NEWPORT BEACH, CA
Owner. CITY OF NEWPORT BEACH
Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant
has for all labor and service provided, and equipment and material delivered, to the customer on this
job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a
written change order that has been fully executed by the parties prior to the date that this document is
signed by the claimant, are waived and released by this document, unless listed as an Exception
below. The claimant has been paid in full.
Exceptions
This document does not affect any of the following:
Disputed claims for extras in the amount of: $
Dated: 5/23/13
Holliday Rock Co., I
Ily M*le, Credit Assistant
ob #: RAKAN001-12
RAKAN INC.
C- 5 t9 3
Stop Notice
�����-�
CALIFORNIA CIVIL CODE SECTION 3103 -
BAR'
— �
NOTICE TO: CITY OF NEWPORT BEACH - 100 CIVIC CENTER DR, NEWPORT BAR ` t� 92660'
(If Private Job - file with responsible officer or person at office or branch of construction lender administering the con-
struction funds or with the owner - CIVIL CODE SECTIONS 3156 - 3175)
(If Public Job - file with office of controller, auditor, or other public disbursing officer whose duty it is to mfke payments
under provisions of the contract - CIVIL CODE SECTIONS 3179 - 3214)
Prime Contractor: RAKAN, INC. - 2312 PARK AVE, STE 116, TUSTIN CA 92782
Sub Contractor: (If Any):
Owner or Public Body: CITY OF NEWPORT BEACH - 100 CIVIC CENTER DR, NEWPORT BEACH CA 92660
Improvement known as_1WHITECLIFF DR - VARIOUS LOCATIONS WITHIN THE CITY OF NEWPORT BEACH CA
County of ORANGE State of California.
HOLLIDAY ROCK CO., INC. Claimant, a CORPORATION
fiunished certain labor, service, equipment or materials used in the above described work of improvement. The name of
the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or
materials is RAKAN, INC. - 2312 PARK AVE, STE 116, TUSTIN CA 92782
The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was:
CONCRETE. ASPHALT, ROCK AND SAND
Total value of labor, service, equipment, or materials agreed to be furnished ............... $ 8,328.37
Total value of labor, service, equipment, or materials actually furnished is .................. $ _8_,328.37
Credit for materials returned, if any...............................................................
Amount paid on account, if any.................................................................... .
Amount due after deducting all just credits and offsets .......................................... $ 8,328.37
YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to
satisfy claimant's demand in the amount of % 8.328.37 and in addition thereto sums sufficient to cover
interest, court costs and reasonable costs of litigation, as provided by law.
A bond (CIVIL CODE SECTION 3083) attached. (Bond required with Stop Notice
served on construction lender on j rivf to jobs - bond not required on public jobs or on Stop Notice served on owner on
private jobs). Date.!9! /3
05/09/2013 Copies Sent To: HOLLIDAY ROCK CO., INC.
Date. ('.itv rn, in Mme of Claimant:
City Manager
City Attorney By: AaatA _01
►� File
VERIFIz
N
I, the undersigned, state: I am the CREDIT MANAGER of the claimant named in the foregoing Stop
Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own
knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed on 05/09/2013
, at
, State of California.
REQUEST FOR NOTUgE OF ELECIVN
(Private Worl6,&nly)
If an election is made not to withhold funds pursuant to this Stop Notice by reason of a payment bond having been recorded in
accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such
election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be
provided by you under Civil Code Sections 3159, 3161 or 3162.
Signed:
FD
RELEASE OF STOP NOTICE N10 JUL I I PM 3: 12
CFF ICE" OF
TO: CITY OF NEWPORT BEACH
t I I Y CLERK
v l BEACH
3300 NEWPORT BLVD NEWPORT BEACH
You are hereby notified that the undersigned claimant releases
that certain Stop Notice dated 06/20/13 in the amount of
1,031.60 against CITY OF NEWPORT BEACH
as owner or public body and Rckkx)"� rDr\c,
as prime contractor in connection with the work of improvement
known as SEAGULL LN
in the City of NEWPORT BEACH County of ORANGE
State of California.
Date 07/09/13
Name of
By
VERIFICATION
I, the undersigned, state: I am the Agent of the claimant named in
the foregoing Release; I have read said Release of Stop Notice
and know the contents thereof, and I certify that the same is
true of my own knowledge.
I certify (or declare) under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.
Executed on 07/09/13 Corona, California.
(Signature of -Claimant or Auth ized Agent)
C- 5"19'3
STOP PAYMENT NOTICE
(California Civil Code Section 8044) r-„
NOTICE TO: CITY OF NEWPORT BEACH
3300 NEWPORT BLVD NEWPORT BEACH
L.xfj Jr.
(If Private Job -file with responsible officer or person at office or
branch of construction lender administering the construction. funds! o'i
with the owner -CIVIL CODE SECTIONS 8500-8560)
rr ,
(If Public Job -file with office of controller, auditor or StIlher public
disbursing officer whose duty it is to make paymentsunderer rp� S&)O s of
the contract -CIVIL CODE SECTIONS 9350-9510)
ent To:
Direct Contractor: RAKAN INC CopieCity Council
Sub Contractor (If Any) City Manager
Owner or Public Body: CITY OF NEWPORT BEACHCity Attorney
Improvement known as: SEAGULL LN File
County of ORANGE State of California.
Robertson's, Claimant, a Partnership, furnished certain labor service
equipment, or materials used in the above described work of improve-
ment. The name of the person or company to whom claimant furnished
service, equipment, or materials is: RAKAN INC
The kind of materials furnished or agreed to be furnished by claimant
was ready mix concrete, rock and/or sand materials.
Total
value
of labor,service,materials to be furnished .....
$ 1,031.60
Total
value
of labor,service,materials actually furnished..$
1,031.60
Credit
for materials returned, if any ......................$
0.00
Amount
paid
on account, if any .............................$
0.00
Amount
due
after deducting all just credits and offsets ....
$ 1,031.60
YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on
the above described project to satisfy claimant's demand in the amount of
$ 1,031.60 and in addition thereto sums sufficient to cover interest,
court costs and reasonable costs of litigation, as provided by law.
A bond (CIVIL CODE SECTION 8532) is/is not attached. (Bond required with
Stop Payment Notice served on construction lenders on private jobs -bond not
required on public jobs or on Stop Payment Notice served on owner on
private job).
Name and address of Claimant:
ROBERTSON'S, P.O. Box 3600, Corona, Ca. 28 8 (951)685-2200
Dated: 06/20/13
0
Authorized Agent
VERIFICATION
I, the undersigned, state: I am the agent of the claimant named in the
foregoing Stop Payment Notice; I have read said claim of Stop Payment
Notice and know the contents thereof, and I certify that the same is true
of my knowledge. I certify (or dec e) under penalty of perjury under the
laws of the State of Califo=on�K
t the foregoin s true and correct.
Executed on 06/20/13 at S ete/bf/,Cal�ia.
Signature of Claimant/Agent
G�3Z3/��b3z,7
STOP P7 `"lENT NOTICE - PROOF OF SEi -CE
The undersigned declares as follows: I am over the age of 18, and
employed by Robertson's, whose business address is 200 South Main Steet,
Suite 200, Corona, California 92882. I am employed in the County of
Riverside, where this mailing occurs, and not a party to this action.
On the date shown below, in the City of Corona, I served the within Stop
Payment Notice, sealed in an envelope and deposited in the mail in the
manner prescribed by law, by first class registered or certified mail,
popta ully prepaid, to the person(s) at the addresses shown thereon.
C�lzc
Date
RELEASE OF STOP NOTICE ?(t� AI(RIM:
12
OFFICE OF
TO: CITY OF NEWPORT BEACH li i CLERK
i j= �H
3300 NEWPORT BLVD NEWPORT BEACH
You are hereby notified that the undersigned claimant releases
that certain Stop Notice dated 06/20/13 in the amount of
1,314.60 against CITY OF NEWPORT BEACH
as owner or public body and R'LL�co(� 1
as prime contractor in connection with the work of improvement
known as IRVINE AVE & 16TH ST
in the City of NEWPORT BEACH County of ORANGE
State of California.
Date 07/09/13
Name of Claimant IRoberts
0
Authorized Agent
VERIFICATION
I, the undersigned, state: I am the Agent of the claimant named in
the foregoing Release; I have read said Release of Stop Notice
and know the contents thereof, and I certify that the same is
true of my own knowledge.
I certify (or declare) under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.
Executed on 07/09/13 1 at Coma, California.
i�2-57(73
STOP PAYMENT NOTICE
(California Civil Code Section 8044)
NOTICE TO: CITY OF NEWPORT BEACH
3300 NEWPORT BLVD NEWPORT BEACH
(If Private Job -file with .responsible officer or person at office or
branch of construction lender administering the construction funds or
with the owner -CIVIL CODE SECTIONS 8500-8560)
(If Public Job -file with office of controller, aud_tor,''or_ other -public
disbursing officer_ whose duty it is to make payments under, rovisions of
the contract -CIVIL CODE SECTIONS 9350-9510) Date
Copies Sent To:
Direct Contractor: RAKAN INC City Council
Sub Contractor (If Any) : City Manager
Owner or Public Body: CITY OF NEWPORT BEACHCity Attorney
Improvement known as: IRVINE AVE & 16TH ST IT File
County of ORANGE State of California. u7
Robertson' s, Claimant, a Partnership, furnished certa:in--Ta1T(5!7--9-e=ice
equipment, or materials used in the above described work of improve-
ment. The name of the person or company to whom claimant furnished
service, equipment, or materials is: RAKAN INC
The kind of materials furnished or agreed to be furnished :by claimant
was ready mix concrete, rock and/or sand materials.
Total
value
of labor,service,materials
to be furnished ..... $
1,314.60
Total
value
of labor,service,materials
actually furnished..$
1,314.60
Credit
for
materials returned, if any ......................$
0.00
Amount
paid
on account, if any .............................$
0.00
Amount
due
after deducting all just credits and offsets .... $
1,314.60
YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on
the above described project to satisfy claimant's demand in the amount of
$ 1,314.60 and in addition thereto sums sufficient to cover interest,
court costs and reasonable costs of litigation, as provided. by law.
A bond (CIVIL CODE SECTION 8532) is/is not attached. (Bond required with
Stop Payment Notice served on construction lenders on private jobs -bond not
required on public jobs or on Stop Payment Notice served. on owner on
private job) .
Name and address of Clain
ROBERTSON'S, P.O. Box 3600, Corona,
Dated: 06/20/13
VERIFICATION
I, the undersigned, state: I am the agent of the claimant named in the
foregoing Stop Payment Notice; I have read said claim of Stop Payment
Notice and know the contents thereof, and I certify that the same is true
of my knowledge. I certify (or declare) under penalty of: perjury under the
laws of the State of California thae foregoin is true and correct.
Executed on 06/20/13 at Coroa, St t✓p s4fj,V-al'rnia. A
Signature of Claimant/Agent
52Z/flt,63)t-/
STOP P 'MENT NOTICE - PROOF OF SET 'CE
The undersigned declares as follows: I am over the age of 18, and
employed by Robertson's, whose business address is 200 South Main Steet,
Suite 200, Corona, California 92882. I am employed in the County of
Riverside, where this mailing occurs, and not a party to this action.
On the date shown below, in the City of Corona, I served the within Stop
Payment Notice, sealed in an envelope and deposited in the mail .in the
manne,�prescribed by law, by first class registered or certified mail,
dos g fu]ly prepaAd, to the person(s) at the addresses shown thereon.
Date
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
III! ���''IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII i NO FEE
0 0 5 9 8 4 0 6 6IIII$IIIIIIII
201300038628211:34 am 06/26/13
193 409 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and Rakan, Inc of Tustin, CA, as
Contractor, entered into a Contract on November 13, 2012. Said Contract set forth
certain improvements, as follows:
2012-2013 Street Light Improvement Project (C-5193)
Work on said Contract was completed, and was found to be acceptable on
June 11, 2013, by the City Council. Title to said property is vested in the Owner, and the
Surety for said Contract is Developers Surety and Indemnity Company.
BY 'Mie
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. ��11
Executed on im �0�, X413 at Newport Beach, California.
BY
City Clerk
U
�
PORSNF
DOODOWN. t .
OFFICE OF THE CITY CLERK
Leilani 1. Brown, MMC
June 12, 2013
Orange County Recorder
P.O. Box 238
Santa Ana, CA 92702
RE: Notice of Completion for the following projects:
• 2012-2013 Sidewalk, Curb and Gutter Replacement Project (Contract No. 5204)
• 2012-2013 Street Light Improvement Project (Contract No. 5193)
Please record the enclosed documents and return them to the City Clerk's Office.
Thank you.
Sincerey,
Oau .6,—
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
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and Rakan, Inc of Tustin, CA, as
Contractor, entered into a Contract on November 13 2012, Said Contract set forth
certain improvements, as follows:
2012-2013 Street Light Improvement Project (C-5193)
Work on said Contract was completed, and was found to be acceptable on
June 11 2013, by the City Council. Title to said property is vested in the Owner, and the
Surety for said Contract is Developers Surety and Indemnity Company.
BY h . me
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. -�
Executed on �1_. at Newport Beach, California.
BY 00; s
N�W�
City Clerk
• • •'": •' 'r • •
FROM: Public Works Department
David A. Webb, Public Works Director
949-644-3311,dawebb@newportbeachca.gov
PREPARED BY: Peter Tauscher, Associate Civil Engineer
949-644-3316, ptauscher@newportbeachca.gov
APPROVED:
TITLE: 2012-2013 Streetlight Improvement Project - Notice of Completion
and Acceptance of Contract No. 5193
On November 27, 2012, City Council awarded Contract No. 5193, 2012-2013 Streetlight
Improvement Project to Rakan, Inc., for a total contract cost of $133,780.00 along with a
$14,000.00 allowance for contingencies. The required work is now complete and staff
requests City Council acceptance and close out of the contract.
oil 11 > 10' 0
1. Accept the completed work and authorize the City Clerk to file a Notice of Completion for
the project.
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.
3. Release the Faithful Performance Bond one year after acceptance by the City Council.
� - e
Funds for the construction contract were expended from the following accounts:
Account Description Account Number Amount
General Fund 7013-C2202000 $141,444.35
Total: $141,444,35
1 of 4
2012-2013 Street€€ght Improvernont Project - Notice of Con'tplotion and Acceptance of Contract
No. 5193
June 11, 2013
flage, 2
DISCUSSION:
Awarded
Final Cost at
Contingency
Actual
% Due to
% Due to
Contract Amount
Completion
Allowance
Contract
Directed
Unforeseen
Change
Change
Change
$133,780.00
$141,444.35
10% or less
+5.6%
<1°l0
- 5.6% h�
Allowed Contract Time (days)
55
Actual Time
+1
Under (-) or Over (+)
The work for this contract included removing 28 streetlight fixtures, installing new energy
efficient LED streetlight fixtures, and upgrading the existing streetlight circuit per the City's
Streetlight Replacement Master Plan. Replacement of one existing streetlight pole was
added to the project due to its condition as discovered during construction. The work area
included Irvine Avenue from 15"' Street to Sherington Place and portions of the surrounding
area. The contract was 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:
$133,780.00
$133,893.00
$7,551.35
The final contract cost was approximately 5.6 percent above the original bid amount. The
additional cost was due to potholing and subsequent street repairs required for placement of
streetlight conduit with adequate separation from existing utilities. The combined design
and construction cost for the project was $161,439, and the estimated annual energy and
maintenance saving is $10,900, which provides for an estimated 14.8 year cost recovery
period.
A summary of the project schedule is as follows:
Estimated Completion Date per 2012 Baseline Schedule August 16, 2013
Project Awarded for Construction November 27, 2012
Contract Completion Date with Approved Extensions April 30, 2013
Actual Substantial Construction Completion Date May 1, 2013
2of4
2012-2013 :streetlight Ifnprovernont Project - Notice of Completion and Acceptance of Contract
No. 5193
June 11, 2013
Page 3
ENVIRONMENTAL REVIEW:
City Council found 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.
NOTICING:
This 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). In addition, the City Clerk will be filing
a Notice of Completion for the project as a result of this action.
The Notice Inviting Bids was advertised in the City's official publication and in construction
industry publications.
Submitted by:
zdA
David -A. Webb
Public Works Director
Attachment: A. Project Location Map
3 of 4
FY 2012-2013 STREETLIGHT IMPROVEMEN'r P[ROJECT
Contract No. 5193
Attachment A
4 of 4
CITY CLERK
• is
$149,000.00
Engineer's Estimate
nongan4imTiTfonlo.+,
Drawings by • t
Santa Ana Blue Print at (949)756-1001
Located at 2372 Morse Avenue,.. 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:
httiD://www.NewoortBeachCA,gov
CLICK: Online Services /Bidding & Bid Results
mwVmm#lA=
Mel
kinggaguffigell
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 ....... _ ... _ _111.1 ...... 1_____ .... I --- __1 ........ ___18
NOTICE TO SUCCESSFUL BIDDER. ... ...... .......... ......... .......... ....... _ .................. __21
CONTRACT................ _ ............ ____ ............ 11 ... __ ................... ................ ... __22
FAITHFUL PERFORMANCE BOND.... ....... ..... _ ... __ ...... ..................... 30
LABOR AND MATERIALS PAYMENT BOND ... __ ..................... _ ................ _ .... _ ... .... 35
PROPOSAL. ... ............. ................ ................. _ .................. ......... PR -1
SPECIAL PROVISIONS.. ........... ... __ ................. ...... ................. ............... ...... SP -1
FA
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.
0
S. In accordance with the California Labor Code (Sections 1770 of seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703.4774, and requesting one from the Department of
industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code — including, but not limited to, the requirement to pay prevailing wage
rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by
the Contractor at the job site.
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
�AkA.Al ZhL-
Bidder
Authorized Signature/Title
Date
0
City of Newport Beach
2012-2013 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5193
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of
`fen Percent of Amount Bid Dollars (v 10% of bid amount ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2012-
2013 STREETLIGHT IMPROVEMENT PROJECT, Contract No. 5193 in the City of Newport
Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract
is awarded to the Principal, and the Principal fails to execute the Contract Documents In the
form(s) prescribed, including the required bonds, and original insurance certificates and
endorsements for the construction of the project within thirty (30) calendar days after the date of
the mailing of "Notification of Award", otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it is agreed that the death of any such Principal shall not exonerate the Surety from its
obligations under this Bond.
Witness our hands this1411 day of October j /, 2012.
Rakan, Inc.
Name of Contractor (Principal) Authorized Signatureffitle
1>evelopers Surety and lndamn#ty Company
Name of Surety
P.O. Box 19725
ify_ine CA 9 6
Address of Surety
949-263-3300
Telephone
Authorized Agent Signature
7anelle L_Tuominen �ttornec-j,uiact
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3308
KNOW ALL. BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
***Jennifer Wayne, Ryan Tash, Bret Millar, John Van Bokkelen, Susan C. Monieon, Janelle L. Tuominen, Jeff Posse, Will Mingram,
Jeffrey R. Davis, Rachel Holbrook, jointly or severally***
as thalr tone and lawfulAtfomey(s)4n-Fact, a make, execute, definer and ackn rvided e, iorand on behalf ofsakd corporations, as suratles, bands, undertakings and contracts of surety-
ship godng and granting unlit said Atlomey(s)-m-FadhAI power and atimaityto do and to perform every ad mom sary requisite orproper to be dano m carroadim therawiffr as each of
said corporations could do, but reserving to each of said corpaeduns full pmvar of substitution and revocation, and all of the acts of said Amormay(a)4i-fad, pursuant to these presents,
are hereby ratified and con6rrnad.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Dreckn s of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2906.
RESOLVED, that a combination of any on of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President a any Vice President at the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the aterney(s) named in the Power of Attorney to execute, an behalf of the
corporations, bonds, undertakings and contracts or suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power ofAttomey or to any certificate relating thereto by facsimile, and any such
Power ofAttomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally mused these presents to be signed by
their respective officers and attested by their respective Secretary a Assistant Secretary #us January 1d, 2046,
1p
By. D_ net Youn , Vice -President - b4'�•• g pF `c, Gad
ANy 0'0
9 xxgJ ;"%PORq>F yes l pPOt}q� 9
Z' 4 OCT
; n Z "^ OCT. 6 p
By--- 1967
StephenT Pate, Senior Vice -President
IFO
State of California '�,,,,w�Fw,,,,• it
County of Orange
OnJanuary 31 2011 before me, Antonio Alyaredg No Public
Date Here insert Name and Title of the Officer
personally appeared Daniel Yam and Steution T Pate
Nana(s) of Signori
who proved to me on the basis of satisfactory evidence to be the persa+(s) whose name(s) Isfae subscribed 10
the vain instrument and acknowledged W me thathelsheithey executed the same in histherrour authorized
pO capacity(im), and that by hismembeir signatures) on the instrument the person(s), or the entity upon behalf of
ANTONIO ALVARA
9D which the perennial acted, executed the instrument.
860643 IceNfy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORMR3EODUNY true and correct.
170 a., Garan: wow 9,2013 /jam}
WITNESS my hand and official seal. f �2 J./J" '
Place Notary Seat Above
CERTIFICATE
Public
The undersigned, as Secretary OfAssistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY a INDEMNITY COMPANY OF CALIFORNIA, does hereby
cantly That the foregoing Power of Attorney remains in full have and has not been revoked and, fudhermae, that the provisions of the resolutions of the resperswa Boards of Directors of
said corporations set form in the Power of Attorney are in from as of the date of this Compete.
This Certificate is executed in the City of hi Cellfomia, this 24th day of October 2012
ereg9 Okar , latent Secretary
ID-1368(Revui/li)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of San Bernardino
On October 24, 2012 before me, N. Cruz notary public
Date Here Insert Name and Title of the Officer
personally appeared Janelle L. Tuominen _
Names) of Signer(s)
who proved to me on the basis a tisfactory evide to
be the person(zf) whose name( /anx subscribe fo;the
within instrument a d ac wle ged to me thatl4�/
executed the sal ?��rlf9 authorized capacity(M),
and that by k1= xsignature(s) on the instrument the
person(s), or the entity upon behalf of which the person(A)
acted, executed the instrument.
I certifA 4,14
y under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my han d official se
Signature 11
Place Notary Seal Above Sign into of Nfary Polilic
OPTIONAL p® g e S
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document
Signer(s) Other Than Named
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):_
❑ Partner— ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:,----
Signer's
ages:.___
Signer's Name:
❑ Individual
❑ Corporate Officer —Titie(s):
❑ Partner— ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
:,�'-�'^�t�'�'_= �-�.�`�b'?`k^�`��.`(`.�`�`�L'�:ism`CR;�-c��i^�.,��a���;�'�:`eC'�`�`�.'±✓x'.��
0 200 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • wxm,.NaVmmINota,,vrg Item 45907 Reorder: Gail Toll -Free 1-800-876-6827
ACKNOWLEDGMENT
ififffiiiiiffiiiii*.......... *..a .... on ............. i........ no..........AiiHfO
State of California
County of fi k G cue ss.
On 'v ;-L before me, V ,V e� k4, cR v 1Q Notary
Public, personally appeared v c s V-rnde
,who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware
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($) 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
ifiiifiififf......0....A...*.a..... ffif ii ...................... A .............. I
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
OPTIONAL INFORMATION
t v � 3u � i -�_ Thumbprint of Signer
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 I
F1
E] Check here if
no thumbprint
or fingerprint
is available.
City of Newport Beach
2012-2013 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5183
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
supject 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.
Address:
Phone:
State License Number:
W_......_..._
Name:
Address:
Phone:
State License Number:
Bidder Authorized Signature/Title
M
City of Newport Beach
Contract No. 5193
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this formlll Please print or type.
Bidders Name 914 -PrW / nc
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 $35,000, provide the following information:
No. 1
Project Name/Number See- A Ai r-") .
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
T
Telephone (
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Al 0
Q]
No. 2
Project Name/Number -c 64k�e�ik-A1,
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. S
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 youiContractor? If yes, briefly explain and indicate outcome of claims.
10
No.4
Project Name/Number SC ki
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
Telephone (
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 5
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person Telephone ( }
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
11
No. 6
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person Telephone ( )
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
&k-A&Ar
Bidder Authorized Signaturefritle
WA
City of Newport Beach
2012-2013 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5193
NON -COLLUSION AFFIDAVIT
State of California )
)as.
County of )
' Z rt a o ss+ being first duly sworn, deposes and says that he or she is
_ Pre •� L -,,L of i?tAV Ai- , , the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that
party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder
or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that
of any other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract, that all statements contained in the bid are true; and, further, that the
bidder has not, directly or Indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid,
I declare under penalty of perjury of the laws of the State' of California that the foregoing is true and correct.
Bidder Authorized Signature/Title
Subscribed and sworn to (or affirmed) before me on this day of 600, ,, 2012
by esn ; =r! wn. •b _- proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
foroinparagraph
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing ara ra 9 ph is true and correct
MERISERTO ALMARAZ Notary Publi _
Commission # 1972678
[SEAL) a +4 Notary Public - California _' f
®range County My Commission Expires:
1Ay Comm. Expires Mar. 15, 2016
13
1- Project Title:
Contract Amount:
Type of Work:
2-
3 -
Client:
Agency Project Manger:
Dated Completed:
Phone:
% Sub Contracted:
Work Perform As:
Project Title:
Contract Amount:
Type of Work:
Client:
Agency Project Manger:
Dated Completed:
Phone:
% Sub Contracted:
Work Perform As:
Haster off Ramp 22 freeway widening
$80,000
Traffic signal and street light and interconnect conduit Ramp termini, curb
and gutter asphalt
Caltrans'
„ F E
Dan Thai
8/23/12
949-279-8803
N/A
Subcontractor
Street light improvements
$130,000
Street light poles and conduit, Remove and replace sidewalk and curb and
gutter and asphalt
City of LA
Anthony
7/15/12
213-210-6349
N/A
Prime
Project Title: Street light and Sidewalk replacement
Contract Amount: $80,000
Type of Work: Install Street light and conduit and pull boxes and Remove and replace
Client:
Agency Project Manger:
Dated Completed:
Phone:
% Sub Contracted:
Work Perform As:
sidewalk and curb and gutter and asphalt
Yakar
Joseph
7/20/12
818-633-1068
N/A
Sub
4- Project'ritle: Parking lot r-" i
Contract Amount: 50,000
Type of Work: Install parking lot poles and Remove and replace asphalt parking
CIient: OC ride transportation services
Agency Project Manger: Mike Malley
Dated Completed:
8/20/12
Phone:
800-760-4989
% Sub Contracted:
N/A
Work Perform As:
Prime
2312 Park Ave Ste '116
Tustin, ca 92782
Phone (949)-698-9872, Fax (949)-757-01.14
h mail: Rakanine@gm ail.com
Ciiy of Newport Beach
Contract No. 5193
DESIGNATION OF SURETIES
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):
rnc! 1ea-vgk P cam'
2qn uq®g as ✓ rd" S
14
City of Newport Beach
Contract No. 5193
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidders'
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 t3, 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
2092
No. of contracts
Total dollar
Amount of
fMa'tj«,
-
Contracts (in
,^allt
Thousands of $
No. of fatalities
No. of lost
tv,
Workday Cases
No, of or
workday cases
involving
permanent
transferto
another job or
termination of
em to ment
The information required for these items is the same as required for columns 3 to t3, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
15
Legal Business Name of Bidder
Business Address:
Business Tel. No,:
State Contractor's License No, and
w
Classification: 907-1 qs--
Title .a
The above information was compiled from the records that are available to me at this
time and I declare under penalty of perjury that the information is true and accurate
within the limitations of those records.
Signature of
bidder�Z
Date Le s /'
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
partnershipijoint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf
of the corporation. All must be acknowledged before a Notary Public, who must certify
that such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
s =- •yIII•..f., i
16
ACKNOWLEDGMENT
!liOlE!!MYl.L081H0!!!1!!!!!l.Y6t0!!0.RIY;!!6!!!ll...!!!!t!!!!! H{!!p!...Bf 6q!!!1
State of California
County of (,,�-c ?ss.
On �v`, 3c 1\ --,_before me, 0-Nr,�evt4 Notary
Public, personally appeared �Pkv
,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,
WITNES my hand and official seal.
Y
Signature
fllfff...Y!!!!llff....X0.fffffff!!f!!!!!!!!f!!!! 01 f!! f!!!!!!! f!!!!! f! f!!! a l f ffl
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages In Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Thumbprint of Signer
E] Check here if
Capacity of Signer: no thumbprint
_ Trustee or fingerprint
Power of Attorney is available.
CEO/CFO/COO
President I Vice -President / Secretary / Treasurer
Other:
Offier Information:
City of Newport Beach
Contract No. 5193
ACKNOWLEDGEMENT OF ADDENDA
Bidders name k rvlc
The bidder shall signify receipt of all Addenda here, if any, and attach executed
copy of addenda to bid documents:
Addendum No.
Date Received
Signature
110/vI
I'z
t ori,
u
i
17
2012-2013 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5193
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: 9AkAA1 >^L•
Business Address: 2 l2 k_ O -VK A 11(o %✓s"/71^ C, A el? �- s 2 -
Telephone
Telephone and Fax Number. '( t �/ — 0114
California State Contractor's License No. and Class: 1 ° 'A "
(REQUIRED AT TIME OF AWARD)
Original Date Issued:._ -CA/1 ILI Expiration Date: 6/.7,)( 1 �r
List the name and titlelposition of the person(s) who inspected for your firm the site of
the work proposed in these contract documents:
FtircS ko-,fry {tic c,
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
W.
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:
/lt,O
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
Briefly summarize the parties' claims and defenses;
Air
Have you ever had a contract terminated by the owner/agency? If so, explain.
Have you ever failed to complete a project? If so, explain.
For any projects you have been involved with in the last 5 years, did you have any
claims or actions by any outside agency or individual for labor compliance (i.e. failure to
pay prevailing wage, falsifying certified payrolls, etc.)? Yes t No
M
Are any claims or actions unresolved or outstanding? Yes /
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.
a« -
Fl✓c�S %Castew�,
(Print name of Owner or President
of Corporation/Company)
Authorized Signature/Title
pferik
Title
y 2m w
Rate
P
On ' " 0 �2. before me, 0r€'.r t ` M AAVV-'c,rr,a_ , Notary Public, personally
appeared P \ v L'S 1c L�C' r� 'who proved to me on the
basis of safisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
x'
HERIRERTO ALMARAZ
AL¢ommtsson # 1972078
Notary Public in and or said State a :$ otary Public - California
Orange County
M Csm¢n. Ex irea Mar 95 2016 N
My Commission Expires:=S i I L.,
20
♦.'aga ). t i
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:
• CORTRACTY11TA REQUIRED IVISURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as
required by the Contract documents and delivered to the Public Works Department within
ten (10) working days after the date shown on the Notification of Award to the successful
bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in
the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Kev 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
CONTRACT
THIS CONTRACT FOR PUBLIC WORKS entered into this day of 2012, by
and between the CITY OF NEWPORT BEACH, a California municipal corporation and chatter
City("City") and RAKAN, INC., ("Contractor"), a California corporation, 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 street lighting facilities and appurtenances, restoring grout caps, 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. 5183, 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.
WIA
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 One Hundred Thirty -Two Thousand, Seven Hundred
Thirty and 001100 Dollars ($132,730.00).
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
Rakan, Inc.
2312 Park Avenue, Suite 116
Tustin, CA 92782
949-698-9872
949-752-0114 Fax
F. INSURANCE REQUIREMENTS —CONSTRUCTION
1.1 Provision of Insurance. Without limiting Contractor's indemnification of
City, and prior to commencement of Work, Contractor shall obtain, provide
and maintain at its own expense during the term of this Agreement,
policies of insurance of the type and amounts described below and in a
form satisfactory to City. Contractor agrees to provide insurance in
accordance with requirements set forth here. If Contractor uses existing
coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing
coverage.
23
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's
Liability Insurance with limits of at least one million dollars
($1,000,000) each accident for bodily injury by accident and each
employee for bodily injury by disease in accordance with the laws
of the State of California, Section 3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, officials, employees and agents.
1.3.2 General Liability Insurance. Contractor shall maintain commercial
general liability insurance, and if necessary umbrella liability
insurance, with coverage at least as broad as provided by
Insurance Services Office form CG 00 01, in an amount not less
than one million dollars ($1,000,000) per occurrence, two million
dollars ($2,000,000) general aggregate and two million dollars
($2,000,000) completed operations aggregate. The policy shall
cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of
another assumed in a business contract) with no endorsement or
modification limiting the scope of coverage for liability assumed
under a contract.
1.3.3 Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services
Office form CA 00 01 covering bodily injury and property damage
for all activities of the Contractor arising out of or in connection with
Work to be performed under this Agreement, 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.
1.3.4 Umbrella or Excess Liability Insurance. Contractor shall obtain and
maintain an umbrella or excess liability insurance policy with limits
of not less than four million dollars ($4,000,000) that will provide
bodily injury, personal injury and property damage liability coverage
at least as broad as the primary coverages set forth above,
24
including commercial general liability and employer's liability Such
policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond in the event
that any primary insurance that would otherwise have applied
proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the
umbrella or excess policies.
1.3.5 Builder's Risk Insurance. For Contracts with property exposures
during construction, Contractor shall maintain Builders Risk
insurance or an installation floater as directed by City, covering
damages to the Work for "all risk" or special causes of loss form
with limits equal to 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.
1.3.6 Pollution Liability Insurance. Contractor shall maintain a policy
providing contractor's pollution liability coverage with a total limit of
liability of no less than $5,000,000 per loss and $5,000,000 in the
aggregate per policy period dedicated to this Project. The CPL
shall be obtained on an occurrence basis for a policy term inclusive
of the entire period of construction. If all or any portion of CPL
coverage is available only on a claims -made basis, then a 10 -year
extended reporting period shall also be purchased. The CPL policy
shall include coverage for cleanup costs, third -party bodily injury
and property damage, including loss of use of damaged property or
of property that has not been physically injured or destroyed,
resulting from pollution conditions caused by contracting
operations. Coverage as required in this paragraph shall apply to
sudden and non -sudden pollution conditions resulting from the
escape or release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids, or gases, waste materials, or other irritants,
contaminants, or pollutants. The CPL shall also provide coverage
for transportation and off -Site disposal of materials. The policy shall
not contain any provision or exclusion (including any so-called
"insured versus insured" exclusion or "cross -liability" exclusion) the
effect of which would be to prevent, bar, or otherwise preclude any
insured or additional insured under the policy from making a claim
25
which would otherwise be covered by such policy on the grounds
that the claim is brought by an insured or additional insured against
an insured or additional insured under the policy. [Note: this
provision can be waived if there is no known or suspected pollution
at the project site. This provision is also not applicable to
maintenance and repair contracts unless there is a known pollution
risk.]
1,4 Other Insurance Requirements.
The policies are to contain, or be endorsed to contain, the following
provisions:
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement 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.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability,
but not including professional liability (if required), shall provide or
be endorsed to provide that City and its officers, officials,
employees, and agents shall be included as insureds under such
policies.
1.4.8 Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance
or self-insurance maintained by City.
1.4.4. Notice of Cancellation. All policies shall provide 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.
1.5 Additional Agreements Between the Parties.
The parties hereby agree to the following:
1.5.1 Evidence of Insurance. Contractor shalt provide certificates of
insurance to City as evidence of the insurance coverage required
herein, along with a waiver of subrogation endorsement for
workers' compensation and other endorsements as specified herein
for each coverage. Insurance certificates and endorsement must
be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file
26
with City at all times during the term of this contract. City reserves
the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Riaht to Revise Requirements. The City reserves the right at
any time during the term of the contract to change the amounts and
types of insurance required by giving the Contractor ninety (90)
days advance written notice of such change. If such change results
in substantial additional cost to the Contractor, the City and
Contractor may renegotiate Contractor's compensation.
1.5.3 Right to Review Subagreements. Contractor agrees that upon
request, all agreements with subcontractors or others with whom
Contractor enters into contracts with on behalf of City will be
submitted to City for review. Failure of City to request copies of
such agreements will not impose any liability on City, or its
employees.
1.5.4 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.
1.5.5 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.
1.5.6 Self-insured Retentions. Any self-insured retentions must be
declared to and approved by City. City reserves the right to require
that self-insured retentions be eliminated, lowered, or replaced by a
deductible. Self-insurance will not be considered to comply with
these requirements unless approved by City.
1.5.7 City Remedies for Non Compliance. If Contractor or any
subcontractor fails to provide and maintain insurance as required
herein, then City shall have the right but not the obligation, to
purchase such insurance, to terminate this agreement, or to
suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or
reimbursed by Contractor upon demand.
WA
1.5.8 Timely_Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or
result from Contractor's performance under this Agreement, and
that involve or may involve coverage under any of the required
liability policies. City assumes no obligation or liability by such
notice, but has the right (but not the duty) to monitor the handling of
any such claim or claims if they are likely to involve City.
1.5.9 Maintenance of General Liability Coverage. Contractor agrees to
maintain commercial general liability coverage for a period of ten
(10) years after completion of the project or to obtain coverage for
completed operations liability for an equivalent period.
1.5.10 Contractor's insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of
insurance, which in its own judgment may be necessary for its
proper protection and prosecution of the Work.
G. RESPONSIBILITY FOR DAMAGES OR INJURY
1. City and all officers, employees and representatives thereof shall not be
responsible in any manner: for any loss or damages that may happen to the
Work or any part thereof; for any loss or damage to any of the materials or other
things used or employed in performing the Work, for injury to or death of any
person either workers or the public; or for damage to property from any cause
arising from the construction of the work by Contractor, or its subcontractors, or
its workers, or anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to
or death of any person or damage to property resulting from defects, obstructions
or from any cause arising from Contractor's Work on the Project, or the Work of
any subcontractor or supplier selected by the Contractor.
3. To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims"),
which may arise from or in any manner relate (directly or indirectly) to any breach
of the terms and conditions of this Contract, any work performed or services
provided under this Contract including, without limitation, defects in workmanship
or materials or Contractor's presence or activities conducted on the Project
(including the negligent and/or willful acts, errors and/or omissions of Contractor,
its principals, officers, agents, employees, vendors, suppliers, subconsultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the
28
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
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.
SIGNATURES ON NEXT PAGE
29
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
the dates written below.
APPROVED AS TO FORM
OFFICE OF TH CITY ATTORNEY
Date: 13
Aaron rp 1
City Attorney \ 14
ATTEST:
Date:
c W1V"
Leilani I. Brown
City Clerk
30
CITY OF NEWPORT BEACH
A California Municipal Corporation and City
and Charter Oity
Date: e/ -x- - 1
By: /WZ/Z /
Keith D. Curry
Mayor
RAKAN, INC.
California corporation
By: �:I!%S /La�tscw�
(Corporate Officer)
Title: President
Print Name: Firas Kaseem
Date: 17-1011,
BY:
Z1011,
By: rb-,mS /Lalfc.r
(Financial Officer)
Title: Secretary
Print Name: Firas Kaseem
Date: /z/ g/1 -t—
Bond No. 801998P
Premium: $3,982.00
Prennum,uforcontmterm and asulow
to adjusninend based on final contract price.
The premium charges on this Bond is $ 3,982.00
being at the rate mf $ 30.00 thousand pfthe Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
8dopted, awarded to Rakam, Inc., hereinafter designated as the "Principal", 8 contract for
construction of2O12^%013 STREETLIGHT IMPROVEMENT PROJECT, Contract No. J1S3inthe
City of Newport Beach, in strict conformity with the p|ana, drawings, specifications, and other
Contract Documents maintained in the Public Works Department of the City of Newport Beach, all
ofwhich are incorporated herein bythis reference.
VVHEREAS. Principal has executed ur|aabout to execute C0mtrmo% No. 61193 and the
terms thereof require the furnishing of8Bond for the faithful performance ofthe Contract;
NOW, THEREFORE, we, the Principal, and Developers Surety andbsd Company
duly authorized totransact businoSnLinder the laws 0fthe State cd
California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport
Beach, in the sum of One Hundred Thirty -Two Thousand, Seven Hundred Thirty and 00/100
Dollars ($132,738.O0) lawful money ofthe United States ofAmerica, said sum being equal to
100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its
successors, and assigns; for which payment well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the m/mrk, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to Indemnify, defend, and save harmless the City of Newport Beach, its
officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same,
in an amount not exceeding the sum specified in this Bond: otherwise this obligation shall become
null and void,
31
/\napart ofthe obligation secured hereby, and inaddition h>the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees, including
reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an
action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that nochange, extension 0ftime,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or to
the specifications accompanying the same shall in any way affect its obligations on this Bond, and
it does hereby waive notice of any such change, extension of time, alterations or additions of the
Conti -act ortothe work artothe specifications,
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
|nthe event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond,
|NWITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, onthe ^loth day of December~ .2012.
'
xaxmn.Inc. (rnnmpay *utoonzeU8/gnature[|0e X |�
�
/�/�w\3
v
Developers Surety and Indemnity Company
Name of Surety
17771 Cowan, Suite 100, Irvine, CA 92614
Address of Surety
800-782-1546
Telephone
9�&A(�uthonze_
Janette LTcominuo`attorney-in -fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
32
State of California
County of11C@
OnUGut& �,n2�f✓ before me,
to
personally appeared
Place Notary Seal Above
M
who proved to me on the basis of satisfactory
evidence to be the persort("hose narn*) is/fie
subscribed to the within instrument and acknowledged
to me that he/sWi4ey, executed the same in
his/t)er/thelf authorized capacity and that by
his/ber/fheff signature -(,,%Kon the instrument the
person,(,,); or the entity upon behalf of which the
personKacted, 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 handan official seal.
Signature: 110
pg p ®AL Signature of Nota ubl
OPTION
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _
L Corporate Officer — Title(s):
C; Individual
0
L Partner — L Limited L General Top of thumb here
L Attorney in Fact
❑ Trustee
L Guardian or Conservator
L Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
O'Corporate Officer — Title(s):
L Individual
L Partner — L Limited L General
Ll Attorney in Fact
L Trustee
F-1 Guardian or Conservator
L Other:
Signer Is Representing
RIGNTTHUMRRRIWT3
GF SIGNER
0 2010 National Notary Association - NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint
***Susan C. Monteon, Janelle L. Tuominen, jointly or severally***
as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as surefies, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attorney(s)4n-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the aftomey(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of eller of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this November 16, 2011
Daniel Young, Senior Vice -President 'yJOp.POR,p ,GOOYPOq p
aw: T- OCT.5 'n
By: t $y„ i ; n z 1967 D
Aregg ice -President =°s ea 19 B ,` P2
;OW P.....�'maF c'yG
State of California
County of Orange ........
On November 16 2012 , before me, Antonio Alvarado NotarryPublic _
Date Here Insert Name and Tide of the Officer
personally appeared _ Daniel Young and GreN_ Okura
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to
the within instrument and acknowledged to me that helshelthey executed the same in hislherttheir authorized
AWALV capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
COMM. # 181
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
ORMN COUNTY irAu ®�'i8 true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature 6 i" ". —_
Antonio Alvarado, Notary Public
CERTIFICATE
The undersigned, as Secretary orAssistanl Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 1 Din day of December , 2012
By:
Mark J. Lansdon, Assistant Secretary
ID-1380(Rev11112)
STATE OF CALIFORNIA
County of Riverside �
On December before me, EommralduUrono Notary Public,
omo Insert Name mNotary exactly oo/appears wothe official seat
personally appeared JanmlloL°Twnmlnen
who proved Wmmonthe basis of satisfactory evidence to
be the ( whose nanoo(n)is/are subscribed iothe
within instrument and acknowledged tmnthu(hm/uhe/the
executed the same inhis/her/theirauthorized oapor|ty(ioo).
and that byhie/her/thoiroignature(n)onthe instrument the
poroon(n)'urthe entity upon behalf nfwhich the pe,uon(s)
acted, executed the instrument.
| certify under PENALTY OFPERJURY under the laws of
the State ufCalifornia that the foregoing paragraph }otrue
and correct.
Witness my ban nd official seal.
Signature
Place Notary Seal Above SaZtLJ 1111141.61,7�
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment ofthe form tnanother document,
Description ofAttached Document
Title urType ufDocument:
Document Date:
Signero)Other Than Named Above:
Signer's Name:
[] Individual
:01,
Corporate Officer—Title(s):
Partner El Limited [I General
Attorney ioFact
�Trustee
LJ
Guardian vrConservator
El Other:
Signer is Representing:
Number nfPages:
Signer's Name:
[] Individual
[] Corporate Officer --TlUe(s):__
El Partner [] Limited []General
[] Attorney inFact
E] Trustee
RGuardian o/Conservator
E] Other:
Signer ioRepresenting:
Bond Number: 88/9Y8y
Premium include iu
City of Newpo!jBeach Performance Bond
BOND NO. 801998P
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to RmkaN, Inc., hereinafter designated 8uthe "Prinnipai"acontract for
construction oi2O12^2Q13STREETLIGHT IMPROVEMENT PROJECT, Contract No. 6193intile
City of Newport Beach, in strict conformity with the plans, drawings, specifications and other
Contract Documents in the office of the Public Works Department of the City of Newport Beach, all
ofwhich are incorporated herein bvthis reference.
WHEREAS, Principal has executed or is about to execute Contract No. 5193 and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE. We the undersigned Principal, and,
Developers Suretyandl dy authorized to transact
iness under the laws of the State of California, as Surety, (referred to herein as "Surety") are
held firmly bound unto the City of Newport Beach, in the sum of One Hundred Thirty -Two
Thousand, Seven Hundred Thirty and Qg/1Q0Dollars {$132,730.A0}lawful money ufthe United
States ufAmerica, said sum being equal to1D8%ofthe estimated amount payable bythe City Vf
Newport Beach under the terms of the Contract; for which payment well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly bvthese present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery
used in, upon, for, or about the performance of the work contracted to be done, or for any other
work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code
with respect to such work or labor, or for any amounts required to be deducted, withheld and paid
over to the Employment Development Department from the wages of employees of the Principal
and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect
to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum
specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a
reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of
the Civil Code ofthe State ofCalifornia.
35
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a rightofaod0n
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions nfSections 3247et. seq. ofthe Civil Code of the State ofCalifornia.
And Surety, for value received, hereby stipulates and agrees that Dachange, extension cf
time, alterations or additions to the terrns of the Contract or to the work to be performed thereunder
or the specifications accompanying the same shall in any wise affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions to
the terms ofthe Contract ortuthe work urtothe specifications.
inthe event that any principal above named executed this Bond as an indixidua|, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations under
this Bond,
IN WITNESS WHEREOF, this instrument has been duly executed bvthe above named
Principal and Surety, unthe -nd�_~_day of-Duzozdue,_' .2011
RokaU.Inc. (Principa|) Au!horized'signature/Tido
Developers Surety and)8 iC
me of Surety Authoriz-ed Agent Signature
17771 Cowan, Suite 100, Irvine, CA 92614
Address of Surety
800-782-1546
Telephone
Janette L.Tuwdmattorney-in fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST SE
ATTACHED
0V
State of California
County of ;Y _
On JCthJ
ate
personally appeared
[Al:alr(sT99JU Y
who proved to me on the basis of satisfactory
evidence to be the persort(ey`whose name(
subscribed to the within instrument and acknowledged
to me that he/sb6/tivy executed the same in
his/h$rtfi}eir authorized capacityDas), and that by
KIM RiEFF his/W/thehr signatureW on the instrument the
Comm salon 1967536 persort(ej or the entity upon behalf of which the
"e Atotary Public - California persor}(sj acted, executed the instrument.
Orange County
to Comm. EX dresJan26,20961 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 andofficial seal. `
Signature: / fy%.
Place Notary Seal Abram OPTIONAL
{ +yam g Signature of Notary P v
VAT t fBli AL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: _
Document Date:
Signer(s) Other Than Named Above: —
Capacity(les) Claimed by Signer(s)
Signer's Name: _
❑ Corporate Officer — Title(s)
0 Individual
Number of Pages:
Signer's Name:
C' Corporate Officer — Title(s):
Partner — C'1 Limited D General
Top of thumb here
iJ Attorney in Fact
❑ Panner — G Limited C 1 General
❑ Trustee
C3 Attorney in Fact
0 Guardian or Conservator
❑ Trustee
_r. Other.
❑ Guardian or Conservator
Signer Is Representing:
Other: -----.-7
Number of Pages:
Signer's Name:
C' Corporate Officer — Title(s):
11 Individual
❑ Panner — G Limited C 1 General
C3 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
Other: -----.-7
7
Signer Is Representing:„ —
V2010 Naleleal Wlary A%aciatian • NaemellNotary.mg - t -80f3 US NOTARY j5-800-$1$-6aPi7 item #5907
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 13725, IRVINE, CA 42623 (g49) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint
***Susan C. Monteon, Janette L. Tuominen, jointly or severally***
as their true and lawful Aftorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as surefire, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attorney(s)-In-Pact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attamery(sym-Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any lice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualilying the attorney(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such offcars may be affixed to any such Power of Attorney or to any certificate rending thereto by facsimile, and any such
Power of Attorney or cat€fcate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this November 16, 2012.
µPvoxun,ery.
By:
ri.NR AND /ryQ .,x OSP ANY O.c�
Daniel Yaung, Senior Vice•President / ,r Q'; ";pOky•F,� G p,POR p
iw OCT s'.c z Z —�' OCT, 5 tri it
By: o ? t�t1 1967
_ __.
regg N. D me•President °mai ;, 193
s ,Pry ^•tioiN0;.A;
State of California °�, v4. {•
County of Orme
On ____.... _. �oyember 762012 .__before Ar nio6van uo,Ni arL,Pubto
Date Here Insert Name and Title of the Officer
personally appeared -� _ Daniel Your and Gregg N. Okura ___ __
Names) of Signer{s)
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 belshelthey executed the same in hisrherltheir authorized
,iiMO RADO capacRybes), and the,. by November- signaturets) on the instrument the person{e), or the enpty upon behalf of
which the person(s) noted, executed the Instrument.
Ila ORANGE COUNTY I certBy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and officat seat.
Place Notary Seal Above Signature—_—,_... .. -..
Antonio Alvarado, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Cerfificate is executed in the City of Irvine, California, this `Orli day of December , 2012
Mark J. Lansdon, Assistant Secretary
iD-1380(Rev11112)
STATE OF CALIFORNIA
County of Riverside
On December 10, 2012
Date
personally appeared
before me, Esmeralda creno, Notary Public,
Insert Name of Notary exactly as it appears on the official seal
Janelle L. Tuominen
�� A�-Mw
}
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signature /r "j✓u a, -0(%.. (
Place Notary Seal Above Signature of Notary Public
Though the information below is not required by law it mayprove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s): _
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
FY 2012-2013 STREETLIGHT IMPROVEMENT PROJECT
CONTRACT NO. 5193
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. 5193 in accordance with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the work,
complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
Lump Sum Mobilization
@Dollars
ffortth — o>+f and
a Cents $ (?_00 _
Per Lump Sum
Lump Sum Traffic Control
@rPO Dollars
and
Cents $ 2V(040, -
Per Lump Sum
3. 19 EA Replace Existing Luminaire on Existing
Streetlight Standard with New LED 130W
10,000 lumen LED luminaire
@ OgeT Dollars
and !! q
A 4 o!! Cents $ $
Per Each
PR2of6
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
a
9 EA Replace Existing Luminaire on Existing
Streetlight Standard with New 130W
10,400 lumen LED luminaire
@�ncTk�-w+� BoHaars
and
�+f A,-//? Gnu, Cents $ Com° $ ��
Per Each
5. 4 EA Re -grout Existing Street Standard
@Dollars
and
—Cents $ 60 $ 2�Df
Per Each
6. 1 EA Remove Existing Pull Box
@„1 WO Yan4jn _ Dollars
and
—Cents $ '2oa $
Per Each
7. 37 EA Remove and Replace Existing Pull Box
E:7
@ %hr{c. gy Dollars
and
—Cents $ s401— $_1 5r'
Per Each
16 EA Furnish and Install New #3-1l2 F
Concrete Pull Box
@ 4kvvj Dollars
and
Cents $
74-0
Per Each
9. EA Furnish and Install New Single -Meter Type
III -BF Service Cabinet
@ Beliefs
and
It- Cents $
Per Each
PR3of6
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
10, 28 EA Furnish and Install New 1" PVC Conduit
with 2#8 Insulated Conductors in Existing
Foundation
and
{n �a l?f .�-- Cents $ 1 $
Per Each
11, 2,800 LF Furnish and Install New 1-114" PVC
Conduit with 2#8 Insulated
Conductors
@ _Dollars
and
Cents $ i $
Per Linear Foot
12. 10 LF Furnish and Install New 2" PVC Conduit
with 6#8 Insulated Conductors in New
Foundation
@It A, Dollars
and o
Cents $ a— $ ✓'
Per Linear Foot
13. 3,900 LF Furnish and Install New 2#8 Insulated
Conductors in Existing Conduit
@_ 7 WO Dollars
ands
Cents $ _ 1,, $ q,C
Per Linear Foot
14. 180 LF Furnish and Install New 4#8 Insulated
Conductors In Existing Conduit
@mm r^Dollars
and
_ Cents $'_ $ t
Per Linear Foot
PR4of6
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
15. 1 EA Remove Existing Pull Box and Connect
Conduit
Gia ? a7 -0 t2� Lw✓i DeHars
® and
Jl— o..—Cents
Per Each
16. Lump Sum Remove Existing Series
Conductors
@ One 7 �t®-� B RWS
,% and
OA yE ✓C bLAA, /AA,Cents
Per Lump Sum
17, 1 EA Remove and Salvage Existing
Series Service Disconnect
&-rid �1��. DeNars
AAve -and
IAyV'A,&,Cents $ _ _ $ -2--b—Votr
Per Each
18. Lump Sum Remove All USA Markings and
Restore Pavement Surfaces
@ Five Hundred Dollars
and
Zero Cents $ 500.00
Per Lump Sum
19, Lump Sum Provide As -Built Drawings
@ Two Thousand Dollars
and
Zero Cents $ 2,000.00
Per Lump Sum
PR5of6
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
TOTAL PRICE IN WRITTEN WORDS
/te P°2-,',` y_ �s✓d. `1 r° _ Dollars
and Cents s 6 0
Total Price (Figures)
/®�-Zs-1r-L
Date
01,4-M-6-79-9877-_ q4-q--A-I-off
Bidder's Telephone and Fax Numbers
Bidders email:
12A ICA+✓ X n�
Bidder
Bidder's Authorized Signature and Title
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
The selection of lowest responsible bidder shalt 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
Al, 2 EA Remove and Replace Existing pull Box
gJ41- Dollars
and
12>1(® Cents $ $ 7�7-0r—
Per� Each'
A2. 1 EA Replace Existing Streetlight Standard with New
Contractor Furnished Type 11 Standard (Ameron
Cat. No. 6-81-31-Fi3) and new 130W 10,400 lumen
LED luminaire
@eNcv Dollars
and r7
Cents $ ,"-0000r_ $ poop_
Per Each
Page: 1 of 1
CITY OF NEWPORT B ACC
PUBLIC WORKS DEPARTMENT
r�# F
DATE: October, 23 2012 BY: t` � � � ,
Public orks Director l ity Engineer
TO: ALL PLANNOLDERS
The following changes, additions, deletions, or clarifications shall be made to the contract documents -
all other conditions shall remain the same.
Cot ANNO..7cL1
The bid opening date and time has changed to 10:00a.m, on Tuesday, October 30, 2012
Revise Proposal PR 2 of 6, Item 9 (Furnish and Install New Single -Meter Type III -BF Service Cabinet)
quantity from °27 EA" to 1 EA".
Bidders must sign this Addendum No, i and attach it to the bid proposal. Bid may not be
considered unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have included
full payment in my Proposal.
Bidder's Name (Please Print)
(C9 (2AI(-t-
Date
Authorized Signature & Title
fiuserstpoMshafodleootrW$Vy 12.4310.8193, ry12.13 slme4fight nnprovemenk\45193 addendum no, 1.doc
fl
1
1
1
2
2
2
2
2
2
2
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4
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
FY2012-2013 STREETLIGHT IMPROVEMENT PROJECT
CONTRACT NO. 5193
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
6-1
LOCATION
5-2
PROTECTIONS
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
6-7.2
Working Days
fl
1
1
1
2
2
2
2
2
2
2
k?
3
3
3
3
3
3
4
4
4
6-7.4
Working Hours
4
5-9
LIQUIDATED DAMAGES
5
SECTION 7
RESPONSIBILITIES OF THE CONTRACTOR
5
7-8
PROJECT SITE MAINTENANCE
5
7-8.5.1
Steel Plates
5
7-8.6
Water Pollution Control
5
7-8.6.1
Best Management Practices (BMPs)
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
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
7-10-6
Notice to Residents
8
8
7-15
CONTRACTOR LICENSES
8
7-16
CONTRACTOR'S RECORDSIAS 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
12
CONSTRUCTION
P.ECTION 201 CONCRETE,MORTAR, RELATED MATERIALS 13
PORTLAND CEMENT CONCRETE
13
201-1.1.2
Concrete Specified by Class
13
201-2
REINFORCEMENT FOR CONCRETE
13
201-2.2.1
Reinforcing Steel
13
SECTION 209
ELECTRICAL COMPONENTS
13
209-2
MATERIALS
13
209-2.1
Electroliers
13
209-2.2
Anchor Bolts
14
209-2.3
Conduit
14
209-2.4
Wire
14
209-2.9 Photocells 14
209-2.10 Dimming Controller — Outdoor 14
SECTION 300
EARTHWORK
14
300-1
CLEARING AND GRUBBING
14
300-1.3
Removal and Disposal of Materials
14
300-1.3.1
General
15
300-1.3.2
Requirements
15
300-1.5
Solid Waste Diversion
15
SECTION 303
CONCRETE AND MASONRY CONSTRUCTION
15
303-5
CONCRETE CURBS, WALKS, GUTTERS, CROSS
GUTTERS, ALLEY INTERSECTIONS, ACCESS
RAMPS AND DRIVEWAYS
15
303-5.1
Requirements
15
303-5.1.1
General
15
303-5.5
Finishing
15
303-5.5.1
General
16
SECTION 308
LANDSCAPE AND IRRIGATION INSTALLATTION
16
308-1
GENERAL
16
SECTIONit ALTERNATE ROCKPRODUCTS,•
PORTLAND CEMENT CONCRETEAND UNTREATI
BASE I
400-2 UNTREATED BASE 17
400-2.1 General 17
400-2.1.1 Requirements 17
• ilk I • . •
SP 1 OF 17
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:
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 street lighting facilities and
appurtenances, restoring grout caps, 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
ti • S , ill
Contractor shall restore the affected survey monuments at his sole expense. The
Contractor's Licensed Surveyor shall file the required Record of Survey or Corner
Records with the County of Orange upon monument restoration.
SECTION 3 ---CHANGES IN WORK
3-3.2 Payment
3-3.2.3 Markup. Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, 1 percent shall
be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied
to the Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent on
work added in excess of $5,000 of the subcontracted portion of the extra work may
be added by the Contractor.
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.
SP3OF17
SECTION 5 ---UTILITIES
5-1 LOCATION. Add the following after the 3rd paragraph: "Upon completion of the
work or phase of work, the Contractor shall remove all USA utility markings."
5-2 PROTECTION. Add the following: "in the event that an existing pull or meter box or
cover is damaged by the Work and is not re -useable, the Contractor shall provide and
install a new pull or meter box or cover of identical type and size at no additional cost to
the City.,,
5-7 ADJUSTMENTS TO GRADE, The Contractor, at his cost, shall adjust or replace to
finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer
cleanouts and survey monuments. The Contractor, at his cost, shall replace all City -
owned water valve boxes, covers, and associated hardware with new 4TT boxes and
covers if damaged and/or needs to be adjusted to grade.
The Contractor will be required to contact Southern California Edison, The Gas
Company, AT&T, cable television, and other utility companies to have existing facilities
adjusted to finish grade. The Contractor shall coordinate with each utility company for
the adjustment of their facilities.
5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing street light
standards and luminaires, service disconnects, pull boxes, utility manhole (including
grade rings), meter or valve box covers, and all removed cast iron pipes as identified bX
the Engineer. Salvaged materials shall be delivered to Utilities Yard at 949 West 16t
Street, The Contractor shall make arrangements for the delivery of salvaged materials
by contacting City of Newport Beach Utilities Division, at (949) 644-3011.
SECTION 6 ---PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this
section: "The time of completion as specified in Section 6-7, shall commence on the
date of the `Notice to Proceed."
No work shall begin until a "Notice to Proceed" has been issued, a pre -construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a construction schedule to the Engineer for
approval a minimum of ten working days prior to commencing any work. 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
G• •
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 40 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 15t
(New Year's Day), the third Monday in January (Martin Luther King Day), the third
Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th
the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth
Thursday and Friday in November (Thanksgiving and Friday after), December 24tH,
(Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If
January 1st, July 4th November 11th, December 24th, December 25th or December 31$t
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. Working hours in areas fronting the school are limited to
8:30 a.m. to 2:30 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
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
7-8.5.1 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
ham://www.newoortbeachca._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 wafter runoff from the project site including, but not limited to the following:
a. Not placing construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c, Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
SP 6 OF 17
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 (WATCH), 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:
i 4
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.
SP 8 OF 17
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 17
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.
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 and Demobilization: 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 Replace Existing Luminaire on Existing Streetlight Standard with New
130W 10,000 lumen 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 130W 10,000 lumen
LED luminaire on existing streetlight standard with dimming hardware; adjusting
dimming hardware; furnishing and installing double fuse holder with 5 amp fuses (iron
#HEX -AA) in adjacent pull box per Detail `C', and all other items to complete work in
place.
Item No. 4 Replace Existing Luminaire on Existing Streetlight Standard with New
130W 10,400 lumen 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 130W 10,400 lumen
LED luminaire on existing streetlight standard with dimming hardware; adjusting
dimming hardware; furnishing and installing double fuse holder with 5 amp fuses (iron
#HEX -AA) in adjacent pull box per Detail 'C', and all other items to complete work in
place.
Item No. 5 Re -grout Existing Street Light Standard: Work under this item shall
include, but not limited to, the cost of all labor, equipment and materials for re -grouting
the existing street light standard on existing foundation to grade; restoring surface (full
panels) to match adjacent area including irrigation systems; disposing of excess
excavated materials; and all other work items to complete work in place.
Item No, 6 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. i 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 #3'12 F pull box, or as
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. 8 Furnish and Install New #3-112 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'/2 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. 9 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, baselfoundation, and
electrical components per Detail `A' as noted on the plans; installing 3" PVC conduit
with puilrope 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 20 amp
contactors, 24 circuit load center, and 3-2P 20 amp breakers for the required circuits;
labeling circuits per NEC; installing twist -lock central photo electric cell with shield
SP 11 OF 17
facing away from traffic within cabinet; sawcutting and removing pavement; grubbing;
trimming brush or trees; 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. 10 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. 11 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. 12 Furnish and Install New 2" PVC Conduit with 6#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
2" PVC conduit with 6#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 install new sweep in new foundation per
Detail 'B' as noted on the pians.
Item No. 13 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. 14 Furnish and Install New 4#8 Insulated Conductors in Existing Conduit:
Work under this item shall include, but not limited to, the cost of all labor, equipment
and materials for furnishing and installing new 4#8 insulated conductors, 1#8 bare
conductor, and appurtenances in existing conduit, wiring, removing existing wiring, and
all other items to complete work in place. Conduit ends shall be re -sealed with ductseal
or approved equal.
Item No. 15 Remove Existing Pull Box and Connect Conduit: Work under this item
shall include, but not limited to, the cost of all labor, equipment and materials for
removing and disposing existing pull box, connecting the existing 1-1/4" conduit with
new appropriate -sized conduit and fittings, backfilling, compacting, and restoring
SP 12 OF 17
surface (full panels) to match adjacent area including irrigation systems, and all other
work items to complete work in place.
Item No. 16 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. 17 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.18 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. 19 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.
Item No. Al 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 #5 F, or as directed by the
Engineer, concrete pull box per Detail 'A' and Detail 'B; 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. A2 Replace Existing Streetlight Standard with New Contractor Furnished
Type II Standard (Ameron Cat. No. 6 -B1 -31-F8) and new 130W 10,400 lumen 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
SP 13 OF 17
and pavement; constructing new foundation per Detail 'D' as noted on the plans;
furnishing and installing new Type It standard (Ameron Cat. No. 6-81-31-F8) and new
130W 10,400 lumen LED luminaire with dimming hardware; adjusting dimming
hardware; furnishing and installing double fuse holder with 5 amp fuses (Trop #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.
9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the
following: "From each progress estimate, five (5) percent shall be retained by the
Agency, and the remainder less the amount of all previous payments will be paid."
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."
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."
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.
Luminaires for New Multiple Circuits
SP 14 OF 17
LED Luminaires shall be GE Evolve LED Series:
d 130 watt 10,400 Lumen, 240 volt, ERS2-3-HX-DX-5-40-9-GRAY-P-193941
® 130 watt 10,000 Lumen, 240 volt, ERS2-3-HX-AX-5-40-9-GRAY-P-193941
Contact: Pacific Lighting Sales, Wayne Howren (949) 597-1633. LED luminaires shall
be warranted a minimum of 10 years from the date of project acceptance.
209-2.2 Anchor Bolts. Anchor bolts shall conform to the Detail Sheet as noted on
the plans.
209-2.3 Conduit. Unless otherwise noted on the plans, conduit shall be 1"/4'
Schedule 40 PVC per Detail 'A' and 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 GGU5 5A 120V Glass Fuses,
Pull boxes shall be Eisel Enterprises No. 3"/2 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.
209-2.10 Dimming Controller - Outdoor. Dimming controller shall be GE.
® 193941, PED -MV -LED, 120-277VAC, LED
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:
SP 15 OF 17
hfto://www.newplortbeach.ca.ciov/cieneralservices"
300-1.3.1 General. Add to this section: "The work shall be done in accordance
with Section 300-1.3.2 of the Standard Specifications except as modified and
supplemented herein. Joins to existing pavement lines shall be full depth sawcuts.
Final removal between the sawcut lines may be accomplished by the use of
jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted
on the job. The Engineer must approve final removal accomplished by other means.
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
will remove any broken concrete, debris or other deleterious material from the job site at
the end of each workday. All areas of roadway removal and replacement shall have a
minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall
meet with the Engineer to mark out the areas of roadway removal and replacement."
300-1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley
Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly
made to a minimum of two (2) inches." Replace the words 1-1/2 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.
•MMAVVD" 4*12.14111 ji M&M—Al L, IsmQ VITJ AT
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."
r
SP 16 OF 17
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."
1-1:10001 -. • •
308-1 General. Add to this section: "The Contractor is responsible for clearing and
grubbing, pruning and removing tree roots that interfere with the work. The Contractor
shall be responsible for ensuring that no tree roots are pruned or cut that could
compromise the stability of the tree.
The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr.
John Conway at (949) 644-3083 a minimum of five workdays prior to beginning the
work. The Contractor shall describe the method of pruning and removing minor tree
roots that may be encountered during construction. The Urban Forrester will decide at
that time if a formal submittal is required for review by the City.
If the Contractor encounters large tree roots, he/she shall cease work at that location
and immediately contact the City's Urban Forrester for inspection. Upon inspection, the
Urban Forrester may require the Contractor to formally submit a plan for removing the
large roots to the City for review.
The submittal shall adhere to the following guidelines.
1. Root Pruning
a. Whenever possible, root pruning shall only be done on one side of the tree
unless specifically authorized by the City's Urban Forester.
b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable
tool.
2. Arbitrary Root Cut
a. A straight cut with a root -cutting machine shall be made.
b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs,
and shall be made as far away from the tree base as possible.
3. Selective Root Pruning
a. This process involves selectively removing offending roots when a tree trunk or
root flare is less than 2 feet from the sidewalk and/or the size, species or
condition of the tree warrants a root cut to be hazardous to the tree or when
there is only one minor offending root to be removed and/or the damage is
minimal (i.e., only one panel uplifted, etc.).
Sp 17 OF 17
b. Selective root pruning shall be performed with an ax or stump -grinding machine
instead of a root -pruning machine.
c. All tree roots that are within the sidewalk construction area shall be removed
or shaved down.
d. Roots greater than two inches in diameter that must be removed, must be
pre -approved by the City's Urban Forester.
e. Roots shall be selected for removal on the basis that will have the least impact
on the health and stability for the tree.
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
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: I2/12il2Dept./Contact Received From: Shari
Date Completed: 1/7113 Sent to: Shari By: Renee _
Company/Person required to have certificate:
Type of contract: _-� All Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/11/12 to 10/11/13
A.
INSURANCE COMPANY: Colony Insurance Company
B.
AM BEST RATING (A-: VII or greater): A: XII
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes N No
D.
LIMITS (Must be $1M or greater): What is limit provided?
$2,000,000152,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
N Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
N Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
N Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
L
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): is it included?
N Yes ❑ No
J.
CAUTIONI (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes N No
K
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A N Yes [D No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/11/12 to 10/11/13
A.
INSURANCE COMPANY: Infinity Insurance Company
B.
AM BEST RATING (A-: VII or greater) A; X
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
5210001000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
N N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A N Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A N Yes 0 No
OL VVOFlKERS'C8MPENS/q`|ON
EFFECTIVE/EXPIRATION [ATE: 7/13_
A� INSURANCE COMPANY:
B. AMBEST RATING (A:VII orgroator):
C ADMITTED Company (Must beCalifornia Admhted):
Yes
No
B� W0RKER8'COMPENSAT|DNQMIT: Statutory
Yes
No
E EMPLOYERS' LIABILITY LIMIT (Must bnQ1Murgosmte,)__________
P. WAIVER L>FSUBROGATION (To induda): |si\included?
[K Yes
No
G. SIGNED VVORKFRS`COMP6N3AT|0NEXEMPTION FORM:
J8N/A FlYes
FlNo
HNOTICE OFCANCELLATION:
[] NIA NYes
FlNo
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
TV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
9 BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
l{Vl3
ME
El Yes 0 No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than ;
Self Insured Retention or Deductible greater than El N/A [_]Yes E] No
Reason for Risk Management approval/exception/waiver:
qenqgI Liability Carrier is Non -Admitted — Will need Risk Man agement's approval - 12/17/12 Received Sheri
�
'v^rr-`-.�
Risk Management Date
Policv NumDer:.
Date Entered: 10/1112012
A� RV CERTIFICATE OF LIABILITY INSURANCE
/0111/2012
30n11a012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 canter rights to the
certificate holder in lieu of such endorsement(s).
.PRODUCER
DalaCi's Insurance, Inc.
791 S. RRGOP,HURST ST
CON(ADT
PHONEE , (714)956-2222 . FAX (7_14)956-2434
ADOA1Ess. angie.bdalati@farmersa4enoY. com
ANAHEIM. CA 92804
tNSOREH($)AFfORDING COVERAGE _��NAiC4
EACH OCCURRENCE
DI URERA.COLONY INSURANCE COMPANY
.—
j
x300,000..00
IneuRaO �RA%AN INC
3NSURER s: LNFTNITY INSURANCE CQIaFANY
�/
GL.953743 00/1112012
INSURERS:TOPA THOR&MCE COMPANY
,nEo �P{ter «,eP+t
T'Cfi$i5
2312 PARK AVE If 115
wsuflER E:�„
IE
TUSTIN, CA 92762
INSURER F;
$1,000,000.00
r�arcoArsee rEFGTIFIr:ATG NI IMHFH- HEVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE_ MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE`TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN
LTR
TYPEOFINSURANCE
NEWPORT BEACH, CA 92658
POLICYNUMBER Mfiixe OUCY EFF
EXP
LIMITS
GENERAL UABILIrf
I
1
EACH OCCURRENCE
$1,000,000.00
PREMIs�s - t
x300,000..00
*
COERCALGENERAL LA5B Cy
1 MM
�/
GL.953743 00/1112012
e111J2013
,nEo �P{ter «,eP+t
�5 non.o0,
�CWMS-nwoe�R
�X
IE
PERSONAL&ADYINiURY
$1,000,000.00
GENERAL AGGREGATE
$2,000,000 .00
GEM'L AGCIIAEGA-tE LIMIT APPLIES PER:
PRODUCTS COMPIOPAGG
52,000,000.00
�
$
POLICY' LOG
AUTOMOBILE LIABILITY
M IN SINGLE LIMIT
acpdent
1, gDD, {IDD. BD
B
ANY AUTO
�/E2
X
504334067172007E10/11/2012
0/11/2013
„
eODILYiNJURY(Perperspn)
$.
BODILY INJURY (Per awdsnl)
AUOWNED rN71 A�SULED
AUTOS
HIREDAUMS AUTQOWNED
PIXO R O
Per acctlent
$
S�—
C
I UMBAELLA LIND JX1 OCCUR
"COS LWa I Ci.AIMS-MADE
I X
IXL6604448 11/19/2013
0/1112011
EACH OCCURRENCE
$5,000,000.00
AGGREGA3
$5,000,000,00
S
njI
ED HC -TEN N S
(
WORKERSCOMPENSA'DON
AND EMYLOYER5'UAB1LnY
ANYPROPRIETORIPARTN£tVER£CVTtYE YIN
OFPYCERtMEMaEA ECLUDED
(Mantletary Yn NH}
NIA
9034744-12 1/27/2012
1/27/2013
S4 ST O?H
ELEPJ.14ACCtDEW
$100
r0,000.00
E.L. D€$EASE-EA EMPLOYEE
53,000,000.00
EL DISEASE -POLICY LIMIT
$1,000,000.00
,.„,,,,.....„......
Nyv� tlascnCeunder
DESCRIPTION OF OPERATIONS IU,I.
NA VEHICLES (A DD TIO itlL, Addilio�al Remmks M1etluRESP CCT is repuTH
OERTI FI OF HOLDER
CERTIFICATE AdLDEA IS NAMED AS ADDITIONAL INSS7RED W�TH RESPEOCT. OT THE IN317fiEDS OPERATIONS..
FY12-13 STREETLIGHT IMPROVEMENT PROJECT.
CONTRACT NO: 5193
30 DAX CANCELLATION NOTICE 10 NON-PAYMENT OF PREMI
n�nnnl
C
CITY HALL
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
3300 NEWPORT BOULEVARD
ACCORDANCE WITH THE POLICY PROVISIONS.
PO BOX 1768
NEWPORT BEACH, CA 92658
AUrHORUED REPRESENTATIVE
vl�ucruVlV nl+vnv vvnrvnn,lvra.n ,rgrr.v.v..v
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
Produced uslnq F'0(ffI$Bv'33 PFue SOHfare.www.Fprinseoa Con; ImWg95(ve Pukiisfting 89 0 208-1 91?
i
Insured: RAKAN INC U001 (10104)
Policy Number: GL953743
SCHEDULE OF FORMS AND ENDORSEMENTS
Forms and Endorsements applying to and made part of this policy at the time of issuance:
NUMBER TITLE
FORMS APPLICABLE - COMMON POLICY DECLARATIONS
CAPRNOTICE-0911
CALIFORNIA NOTICE -PREMIUM REFUNDS
D2-0711
CALIFORNIA NOTICE
IL0017-1198
COMMON POLICY CONDITIONS
IL0021-0498
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
PRIVACYNOTICE-0408
PRIVACY NOTICE
TRIA2002NOTICE-0108
POLICYHOLDER DISCLOSURE -NOTICE OF INSURANCE COVERAGE FOR
CERTIFIED ACTS OF TERRORISM
0002A-0212
MINIMUM PREMIUM
U094-0702
SERVICE OF SUIT
U184-0702
INSPECTION
ZPJCG-0810
POLICY JACKET
FORMS APPLICABLE -
COMMERCIAL GENERAL
IABILITY COVERAGE PART
DCJ6553-0702
COMMERCIAL GENERAL
(ABILITY COVERAGE PART DECLARATIONS
CG0001-1207
COMMERCIAL GENERAL
(ABILITY COVERAGE FORM
CGO068-0509
RECORDING AND DISTRI
UTION OF MATERIAL OR INFORMATION IN
VIOLATION OF LAW EXCLUSION
CG2149-0999
TOTAL POLLUTION EXCLUSION
ENDORSEMENT
OG2167-1204
FUNGI OR BACTERIA EXCLUSION
CG2186-1204
EXCLUSION -EXTERIOR
INSULATION AND FINISH SYSTEMS
CG2196-0305
SILICA OR SILICA-RELAT
ED DUST EXCLUSION
CG2426-0704
AMENDMENT OF INSURE
D CONTRACT DEFINITION
CG3234-0105
CALIFORNIA CHANGES
U004-0510
MISCELLANEOUS EXCL
SIONS ENDORSEMENT
U009-0310
AIRCRAFT PRODUCTS A
qD GROUNDING EXCLUSION
0047-0310
TRANSFER OF RIGHTS C
F RECOVERY AGAINST OTHERS TO US
U048-0310
EMPLOYMENT-RELATED
PRACTICES EXCLUSION
U070AS-0512
DEDUCTIBLE LIABILITY 114SURANCE
U073-0707
EXCLUSION-CONTINUOL
5, PROGRESSIVE OR REPEATED - BODILY
INJURY, PROPERTY DAN
AGE, OR PERSONAL AND ADVE
U089-0310
SUBSIDENCE EXCLUSIO
U156P-0310
ADDITIONAL INSURED -0
NNERS, LESSEES OR CONTRACTORS -
SCHEDULED PERSON 01
R ORGANIZATION
U173-0702
9C CANCELLATION
U252-0210
WARRANTY OF SUBCONTRACTOR
LIMITS
U462-0310
ADDL INSD-OWNERS, LE
SSEE8 OR CONTR-SCHED PERSON OR ORGANIZ-
COMPLETED OPS & ONC
OING OPS AS SCHED
U466-0212
EXCLUSION - LEAD
U467-0212
EXCLUSION - ASBESTOS
U483-1211
EXCLUSION -DEDICATED
INSURANCE PROGRAM(S)
U527-0310
EXCLUSION -ANY RESIDENTIAL CONSTRUCTION WORK EXCEPT AS
SPECIFIED
U638-0210
EXCLUSION - IMPORTED,
DRYWALL DAMAGE - RESIDENTIAL
CONSTRUCTION
U730-0212
EXCLUSION - BENZENE
UCG2175-0711
CERTIFIED ACTS OF TERRORISM AND OTHER ACTS OF TERRORISM
EXCLUSION
UCG2503-0310
DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT -
RESTRICTED FORM
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TRANSFER F RIGHTS OFRECOVERY
AGAINST OTHERS TO US
This endorsement modes insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section
IV — Conditions:
We waive any rights of recovery we may have against any person or organization 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 contract or lease; and
c. such written contract or 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.
THIS ENDORSEMENT GRANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -
OWNERS, LESSEES OR CONTRACTORS.
SCHEDULED SON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s) or Organization(s)
Additional Insured):
Locations of Covered Operations: _
ALL PERSONS OR ORGANIZATIONS AS REQUIRED BY
AS DESIGNATED IN WRITTEN CONTRACT
WRITTEN CONTRACT WITH THE NAMED INSURED.
WITH THE NAMED INSURED.
A, SECTION 11— WHO IS AN INSURED is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule for whom you are performing operations when you and such
person or organization have agreed in writing in a contract or agreement that such person or
organization be added as an additional insured on your policy. Such person or organization is an
additional insured only with respect to liability for "bodily injury", "property damage" or "personal and
advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s) at the location(s)
designated above.
A person's or organization's status as an additional insured under this endorsement ends when your
operations for that additional insured are completed.
B. With respect to the insurance afforded to these additional insureds, the following additional
exclusions apply:
This insurance does not apply to:
Additional Insured Contractual Liability
'Bodily injury" or "property damage' for which the additional insured(s) are obligated to pay damages
by reason of the assumption of liability in a contract or agreement.
Finished Operations at Work
"Bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
U156P-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 2
with its permission.
2. That portion of "your work' out of which the injury or damage arises has been put to ,its
intended use by any person or organization.
Negligence of Additional Insured
`Bodily injury" or "property damage" arising directly or indirectly out of the negligence of the additional
insured(s).
G. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is
amended and the following added:
The insurance afforded by this Coverage 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.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
V15OP-0310 Includes copyrighted material of ISO Properties, Inc., Page 2 of 2
with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS -- SCHEDULED PERSON OR
ORGANIZATION - COMPLETED OPERATIONS a& ONGOING
OPERATIONS AS SCHEDULED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Fume Of Additional Insured Person(s)
I
Or Organization(s):
Location And Description Of O erations
ALL PERSONS OR ORGANIZATIONS AS
AS DESIGNATED IN WRITTEN CONTRACT WITH
REQUIRED BY WRITTEN CONTRACT WITH THE
THE NAMED INSURED
NAMED INSURED
A. Section If — 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 hazard"
when you and such person(s) or organizations) have agreed in writing in a contract or
agreement that such person(s) or organization(s) be named as an additional insured on your
policy.
(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.
K 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
Coverage 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.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
U462-0310 includes copyrighted material of ISO Properties, Inc., 2044 Page 1 of 1
with its permission.
Fax Server 1/7/2013 10:38:24 AM PAGE 2/002 Fax Server
ytau V44JGtYtY.nt ttV{icLw6:11U
WAIVER OF SUBROGATION
9034744-12
EMMA NEW
SP
PAGE 1
HOME OFFICE
,AN FRANCISCO EFFECTIVE DECEMBER 18, 2012 AT 12.01 A.M.
ALL EFFECTIVE. DATES ARE AND. EXPIRING NOVEMBER 27, 2013 AT 12.01 A.M.
1T 12:01 AM PACIFIC
'TANDARD TIME OR THE
"IME INDICATED AT
'ACiFIC. STANDARD TIME
RAKAN INC
2312 PARK AVE # 116
TUSTIN, CA 92782
'ANYTHING IN 'THIS POLICY TO THE CONTRARY NOTWITHSTANDING,
IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND
WAIVES ANY .RIGHT OF SUBROGATION AGAINST,
NEWPORT BEACH CITY HALL
WHICH MIGHT" ARISE BY REASON OF ANY PAYMENT UNDER THIS
POLICY IN CONNECTION WITH WORK PERFORMED BY,
RAKAN INC.
IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN
PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION
OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE
EMPLOYER.
IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH
EMPLOYEES SHALL BE INCREASED ;BY 03%.
NOTHING IN THIS ENDORSEMENT CONTAINED SHALL RE HELD TO VARY, ALTER, WAIVE
OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS
POLICY OTHER. THAN AS STATED, NOT14ING ELSEWHERE IN THIS POLICY SHALL 6E
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR
LIMITATIONS OF THIS ENDORSEMENT.
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: DECEMBER 20, 2012 2570
AUTHORIZED REPRESENTA iYE PRESIDENT AND CEO
Agenda Item No 9__
November 27, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A.Webb, Public Works Director
949-644-3311, dawebb(a)newportbeachca.gov
PREPARED BY: Peter Tauscher, Associate Civil Engineer
APPROVED: o,
TITLE: 2012-2013 Streetlight Improvement Project — Award of Contract
No. 5193
In an on-going effort to rehabilitate the City's aging streetlight system by increasing reliability
and energy efficiency, and decreasing future maintenance costs, staff requests City Council
approval to award the 2012-2013 Streetlight Improvement Project to Rakan, Inc.
RECOMMENDATIONS:
1. Approve the project plans and specifications.
2. Approve Pro Tech Engineering's request to withdraw its bid.
3. Award Contract No. 5193 to Rakan, Inc., for the total bid price, including additive bid
items, of $133,780.00 and authorize the Mayor and the City Clerk to execute the contract.
4. Establish a contingency of $14,000.00, 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-C2202000
$
147.180.00
$
147,180.00
Proposed uses are as follows:
Vendor
Purpose
Amount
Rakan, Inc.
Construction Contract
$
133,780.00
Rakan, Inc.
Construction Contingency
14,000.00
Total:
$
147,780.00
1 of 5
2012-2013 Streetlight Improvement Project—Award of Contract No, 5193
November 27, 2012
Page 2
DISCUSSION:
At 10:00 a.m. on October 30, 2012, the City Clerk opened and read the following bids for the
2012-2013 Streetlight Improvement Project:
BIDDER TOTAL Bft3 AMOUNT
Low Pro Tech Engineering Corporation $110,190.00°
2 Rakan, Inc. $126,060.00
3 Steiny and Company, Inc. $132,494.00
4 Unique Performance Construction, Inc. $136,000.00
5 Asplundh Construction Corporation $139,029,00"
6 California Professional Engineering, Inc. $165,280,00**
* Bid Withdrawn
* As read amount $142,350.00
* * As read amount $168,400.00
On November 7, 2012, Pro Tech Engineering Corporation submitted a written request to
withdraw their bid from the 2012-2013 Streetlight Improvement Project. Staff has reviewed the
contract documents supplied by Pro Tech and recommends its request.
The second low bidder, Rakan, Inc., (Rakan) possesses a California State Contractors License
Classification "A" as required by the project specifications. A check of Rakan's references
indicates satisfactory completion of capital improvement projects in other municipalities.
Rakan's total bid amount is approximately 15 percent below the Engineer's Estimate of
$149,000:00,
The work for this contract includes removing 28 streetlight fixtures, installing new energy
efficient LED streetlight fixtures, and upgrading the existing streetlight circuit per the City's
Streetlight Replacement Master Plan. Dice to the low bid pricing, staff recommends including
the additive bid items to the project scope which include replacing an existing streetlight pole
and installing larger pull boxes. The cost for the additive bid items totals $7;720.00 and is within
the allocated budget for this project. The work area includes Irvine Avenue from 15th Street to
Sherington Place and portions of the surrounding area. The contract limits the work around the
high school from 8:00 a.m. to 2:00 p.m.
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 ("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.
2of5
2012-2013 Streetlight Improvement Project —Award of Contract No, 5193
November 27, 2012
Page.3
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;
David A. Webb'
Public Works Director
Attachments: A. Location Map
B, Pro Tech Engineering Bid Withdrawal Request dated 11117/12
3of5
FY 2012-2010 STREETLIGHT IMPROVEMENT PROJECT
Contract No 6193
Attachment A
4of5
I t pj Irv;. I x
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PROJECT LOCATION
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� U1114rrr° MAP
Attachment A
4of5
Tauscher, Peter
From: Mike [mike@protechengineeringaorp.com]
Sent: Wednesday, November 07, 2012 4:00 PM
To: Tauscher, Peter
Subject: 2012-2013 Streetlight improvement Project Contract No. 5193
Dear Mr, Tauscher
We like to pull out bid proposal for 2012-2013 streetlight improvement: project due to
mathematical error, we apolchazzle for any inconvenience that we may have caused you.
Best Regards,
i1&k 7",a,4
Project Manager'
Mike@ProTec]hEngineerutgCorp.Com
°0"
PI o Tech En Ineerjug
Corporation
356 E. Caa$t Hwy Sidle 325
Caro is IM alar, CA 92625
Rom 049) 290-2935 Fax (9149) 279.7936
Attachment B
5 of 5