HomeMy WebLinkAboutC-5495 - FY13-14 Streetlight Improvement ProjectCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani I. Brown, MMC
January 27, 2016
California Professional Engineering, Inc.
Attn: Van Nguyen
929 Otterbein Ave., Suite E
La Puente, CA 91748
Subject: 2013-2014 Street Light Improvement Project — C-5495
Dear California Professional Engineering, Inc.:
On January 27, 2015, 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
February 3, 2015. Reference No. 2015000053063. The Surety for the contract
is Hanover Insurance Company and the bond number is 1971674. Enclosed is
the Faithful Performance Bond.
Sincer ly,
A4�� k - NYA-�
Leilani I. Brown, MMC
City Clerk
Enclosure
100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 9 Fax: (949) 644-3039 • www.nevrportbeachca.gov
BOND EXECUTED IN DUF, ,ATE
EXHIBIT C
CITY OF NEWPORT BEACH
BOND NO. 1971674
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 6.327.00"SEE BELOW being at the
rate of $ 13.50 thousand of the Contract price.
"WHICH IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT
WHEREAS, the Cit of Newport Beach, State of California, has awarded to
California Professional ngineenn, Inc."' hereinafter designated as the "Principal," a
California Professional Electrical Engineering g p
contract for 2013-2014 Streetlight Improvement Project in the City of Newport Beach, in
strict conformity with the Contract on file with the office of the City Clerk of the City of
Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Contract.
NOW, THEREFORE, we, the Principal, and The Hanover Insurance Company
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Four
Hundred Sixty Eight Thousand Seven Hundred and 00/100 Dollars ($468,700.00)
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.
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 City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
California Professional Engineering Inc. Page C-1
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 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 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 execu d by the
Principal and Surety above named, on the 31st day, of K March 120 14 .
California Professional Engineering, Inc. dba
California Professional Electrical Engineering
Name of Contractor (Principal)
The Hanover Insurance Company
Name of Surety
5 Hutton Centre, Suite 1060, Santa Ana, CA 92707
Address of Surety
714-415-3800
Telephone
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
mkam- -
California Professional Engineering Inc. Page C-2
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
On ),Qbefore me, Olivia Chea, Notary Public
(Here insert name and title of the officer)
personally appeared Van Nguyen
who proved to me on the basis of satisfactory evidence to be the person(s) whose name Is subscribed to
the within instrument and acknowledged to me thateOhhe/they executed the same in is authorized
capacity(ies); and that by is 4 signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
OtIVIA CNEA
WITNESS my ha d official seal. ��qq Co"'Al 1931793 '
V/
NOT ARYPUBLIC-CALIFORNIA ^7
LOS ANotas COMNTY
9-1.10MY COMM. RNP. APR. b, 2015
Si otary u lic (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages _ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attomey-in-Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClassexcom
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California most contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.ecerfifying the authorized capacity of the signer). please check the
document carefuQvfor proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public),
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
Wshe/thay, is /are) or circling the cooed fors. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression most be elm and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment for.
• Signature of the notary public most match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
ACKNOWLEDGMENT
State of California
County of Orange )
On March 31, 2014 before me, Christine T. Hoang, Notary Public
(insert name and title of the officer)
personally appeared Yung T. Mullick
who proved to me on the basis of satisfactory evidence to be the person(z) whose name() is/aNX
subscribed to the within instrument and acknowledged to me that hefkiy executed the same in
hishberit ak authorized capacity(ibo, and that by his/k ex signature(s) on the instrument the
person(*), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
CHRISTINE T. HOANG
a
MA�lCOMM. # 2008757 M
WITNESS hand and official seal�NOTARYPUBLIGCAUFORIAA�ORANGE COUNTY NY COMM. El(R FEB 26,200
Signature (Seal)
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS SAY INSURANCE COMPANY, both
being corporations organized and existing under the laws of the Stale of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a
corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint
James W. Moilanen, Yung T. Mullick, and/or Jennifer C. Anaya
of Mission Viejo, CA and each is a true and lawful Attomey(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and
deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances,
undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions
are still in effect:
'RESOLVED, That the President or any Vire President, in conjunctionwith any Vice President, be and they are hereby authorized and empowered to appoint
Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledgefor and on its behalf as Surety any and all bonds, recognizances,
contracts ofindemnity, waivers of citation and all other writings obligatory in the nature thereof, with powerto attach thereto the seal of the Company. Any
such writings so executed by such Anomeys-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company intheirown proper persons.'(Adopted October 7, 1981 -The Hanover Insurance Company, Adopted April 14,1982
- Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents,
this 3rd day of January 2012.
THE HANOVER INSURANCE COMPANY
,s MASSACHUSETTS BAY INSURANCE COMPANY
.yAraro� �,yy CITIZENS SURANCE I OMPANY OF AMERICA
169's -� tecta 1Yza r .,_ 1
Robert Thnmis, V1de President
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER )Ss.
JoeJoe�trom ick President
On this 3rd day of January 2012 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance
Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that
the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and
Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duty affixed and subscribed to
said instrument by the authority and direction of said Corporations.
BARBA IA.GAaLICK
�� Cammx,weaadTldas leaiwaals TYS.�lf.!/liaiGi` LSC eN.Sz{11J �•iao `%
try Ca�nxiN r>rp,P B.m. act. tore
Barbara A. Garlick, Notary Public
My Commission Expires September 21, 2018
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company ofAmerica,
hereby certifythat the above and foregoing is a full, true and correct copy ofthe Original Powerof Attorney issued by said Companies, and do hereby further
certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,
Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
"RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certifratior
by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on
signatures therein were manually affixed, even though one or more of any such signatures thereon may be fau
Hanover Insurance Company; Adopted April 14,1982 - Massachusetts Bay Insurance Company; Adopted Septemt
of Amenca)
GIVEN under my hand and the seals of said Companies, at Worcester. Massachusetts, this 31 day of MARCH 20 14
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS SAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
1 iIIt NiaI'�IRt
n Niargosian, Vice President
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani Brown, CMC
April 9, 2015
California Professional Engineering, Inc.
Attn: Van Nguyen
929 Otterbein Ave., Suite E
La Puente, CA 91748
Subject: 2013-2014 Street Light Improvement Project - C-5495
Dear Mr. Nguyen:
On January 27, 2015 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
February 3, 2015, Reference No. 2015000053063. The Surety for the bond is The
Hanover Insurance Company and the bond number is 1971674. Enclosed is the
Labor & Materials Payment Bond.
Sincerely,
00 6�' -f?�
Leilani I. Brown, MMC
City Clerk
Enclosure
100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 9 Fax: (949) 644-3039 • www.newportbeachca.gov
BOND PREMIUM INCLUE IN PERFORMANCE BOND
BOND EXECUTED IN DUPLICATE
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 1971674
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
California Professional Engineering, Inc.rin hereinafter designated as the "Principal," a
California Professional Electrical Engineering
contract for 2013-2014 Streetlight Improvement Project in the City of Newport Beach, in
strict conformity with the Contract on file with the office of the City Clerk of the City of
Newport Beach, which is incorporated herein by this reference.
WHEREAS. Principal has executed or is about to execute the Contract 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,
The Hanover Insurance Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of
Four Hundred Sixty Eight Thousand Seven Hundred and 001100 Dollars
($468,700.00) 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 specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as
required by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 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 9500 et seq. of the Civil
Code of the State of California.
California Professional Engineering Inc. Page B-1
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 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 31st day of March 2014 .
California Professional Engineering, Inc. dba
California Professional Electrical Engineering V-'�A7
Name of Contractor (Principal) Authorized Signature/Title Qn ,V.QSHBgn+
The Hanover Insurance Company /
Name of Surety Authorized
5 Hutton Centre, Suite 1060, Santa Ana, CA 92707 Yung "f7 ullick Attorn
Address of Surety Print Nlame and Title
714-415-3800
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
California Professional Engineering Inc. Page B-2
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
On { I 2_120,t before me, Olivia Chea, Notary Public
(Here insert name and title of the officer)
personally appeared Van Nguyen
who proved to me on the basis of satisfactory evidence to be the person(a) whose nameks)(Bkkre subscribed to
the within instrument and acknowledged to me that executed the same inis . authorized
capacity(ies)and that by is ' signature(s) on the instrument the person(, or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
GLIVIA CHEA
WITNESS my flat'd-aV official seal. 193179
3 �r
NCIPy PUBLIC -CALIFOAN14 N
to ANGBLLa OGONTY
u�a: ti't SGtcy. GRP. AP0.. 8, 2Ut$ "e
-nr-.gym_ ,.,,ecawe,a+�+e•...[
Signature o otary P71ic (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (a)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attomey-in-Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA vl2.10.07 800-873-9865 www.NotwyClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that dommem. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California lie. certifying the autboHzed capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the nanne(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/4 wjy is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression most be clew and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and daze.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate obiter, indicate the title f.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
ACKNOWLEDGMENT
State of California
County of Orange )
On March 31, 2014 before me, Christine T. Hoang, Notary Public
(insert name and title of the officer)
personally appeared Yung T. Mullick
who proved to me on the basis of satisfactory evidence to be the person(l) whose name($) is/arm;
subscribed to the within instrument and acknowledged to me that he/ (� executed the same in
hiskoDrAhisir authorized capacity(asx), and that by his/kex6thaCm signature(&) on the instrument the
person(36), or the entity upon behalf of which the person(z) 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 and and official seal.
Signature
s� °",� CHRISTINE T. HOANG
N p m COMM. # 2008757 ;0
"-� NOTARYPUBLICGCALIFORNIAX
ORANGE COUNTY N
MYCOMM.EXP.FE826 2017
(Seal)
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOWALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both
being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a
corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint
James W. Moilanen, Yung T. Mullick, and/or Jennifer C. Anaya
of Mission Viejo, CA and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and
deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances,
undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions
are still in effect:
'RESOLVED, That the President or any Vice President in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint
Attorneys -in -fact of the Company, in its name and as its ads, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances,
contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any
such writings so executed by such Attorneys -in -fad shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company in their own proper persons.' (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14. 1982
- Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents,
this 3rd day of January 2012.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS.fNSURA7OMPANY OF AMERICA
I?obert'Thoma& Vico President
THE COMMONWEALTH OF MASSACHUSETTS) —.1 t^---^• –�x
COUNTY OF WORCESTER ) ss. - 7ou r ice president
On this 3rd day of January 2012 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance
Company and Citizens Insurance Company ofAmerica, to me personally known to be the individuals and officers described herein, and acknowledged that
the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and
Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to
said instrument by the authority and direction of said Corporations.
`" BPBBApA A. GA9LfCK
Notary Pudic �/7 *� ��r/
yCevvm,weabhbNaeamwrans � � i')A�f �
tyer„Ra;mrnr�s sea.z�. zeta /'`" 'S.�f
Barbara A. Garlick, Notary Public
My Commission Expires September 21, 2018
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company ofAmerica,
hereby certify that the above and foregoing is a full, true and correct copy ofthe Original Power of Attorney issued by said Companies, and do herebyfurther
certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the fallowing resolution of the Board of Directors of The Hanover Insurance Company,
Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
"RESOLVED, That any and all Powers of Adorney and Certified Copes of such Powers of Attorney and certification in respedtheretc, granted and executed
by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all
signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile" (Adopted October 7, 1981 - The
Hanover Insurance Company; Adopted April 14, 1982 -Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company
of Amenca)
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 31 day of MARCH PO 14
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
n Mefgosian, Vice President
01
RFCEIED Recorded in Official Records, Orange County
k �' Hugh Nguyen, Clerk -Recorder
RECORDING REQUESTED BY AND 1111111]111111111111111111111111 111f 1111 III !III III NO FEE
WHEN REd6k&6blk_Mf I(M: *$ R 0 0 0 i 2 a 8'0 1 2$
2015000053063 2:29 pm 02103/15
City Clerk OF 37 406 N12 1
City of New artBeach j1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
100 Civic Center Drive ',—
Newport Beach, CA 92660
"Exempt from recording fees
pursuant to Government Code Section 27383" I�
NOTICE OF COMPLETION!,
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and California Professional Engineering
Inc. of La Puente, CA, as Contractor, entered into a Contract on March 26, 2014. Said
Contract set forth certain improvements, as follows:
2013-2014 Street Light Improvement Project C-5495
Work on said Contract was completed, and was found to be acceptable on
January 27, 2015 by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is The Hanover Insurance Company.
BY _� 6)JJ
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
no
at Newport Beach, California.
January 28, 2015
Orange County Recorder
P.O. Box 238
Santa Ana, CA 92702
CITY OF NEWPORT BEACH
CITY CLERK'S OFFICE
Leilani Brown, MMC
RE: Notice of Completion for the following projects:
• 2013-2014 Street Light Improvement Project Contract No. 5495
• Dolphin Deep Water Well Rehabilitation Contract No. 5633(A)
• St. James Road Sewer Relocation and CDS Unit Installation Contract No. 4910
Please record the enclosed documents and return to the City Clerk's Office.
Thank you.
Sincerely,
A,04M- �K�
Leilani 1. Brown, MMC
City Clerk
Enclosures
100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 9 www.newportbeachca.gov
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 California Professional Engineering
Inc. of La Puente, CA, as Contractor, entered into a Contract on March 26, 2014. Said
Contract set forth certain improvements, as follows:
2013-2014 Street Light Improvement Project C-5495
Work on said Contract was completed, and was found to be acceptable on
January 27, 2015 by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is The Hanover Insurance Company.
BY
6)—)Z)
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.
Exec
In
;h, California.
CITY OF
NEWPORT BEACH
City Council Staff Report
January 27, 2015
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644-3330,
dawebb@newportbeachca.gov
PREPARED BY: Peter Tauscher, Civil Engineer
PHONE: (949) 644-3316
TITLE: 2013-2014 Streetlight Improvement Project - Notice of Completion and Acceptance
of Contract No. 5495 (CAP14-0016)
ABSTRACT:
On March 25, 2014, City Council awarded Contract No. 5495, 2013-2014 Streetlight Improvement Project
to California Professional Engineering, Inc. (CPE), for a total contract cost of $468,700.00 with a
$47,300.00 (10 percent) allowance for contingencies. The required work is now complete and staff
requests City Council acceptance and close out of the contract.
RECOMMENDATION:
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project;
b) 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; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
FUNDING REQUIREMENTS:
Funds for the construction contract were expended from the following account:
Account Description Account Number Amount
General Fund 7013-C2201000 $521,452.16
Total: $521,452.16
7-1
DISCUSSION:
Overall Contract Cost/Time Summary
Awarded
Contract
Amount
Final Cost at Contingency
Completion Allowance
or
Allowed Contract Time (days) 1 105
Actual
% Due to
:,ontract
Directed
Change
Change
11.3%
-4.4%
Actual
Time
Under f-1
or Over N
% Due to
Unforeseen
Change
30
The contract replaced 129 existing streetlight fixtures with new energy efficient LED streetlight fixtures and
upgraded the existing streetlight circuit per the City's Streetlight Replacement Master Plan. The project
area included Irvine Avenue from north of Santiago Road to Tustin Avenue, and a portion of the Westcliff
neighborhood. The contract was completed to the satisfaction of the Public Works Department. A
summary of the contract cost is as follows:
Original bid amount: $ 468,700.00
Actual cost of bid items constructed:$ 542,198.50
Total change orders: $ -8,246.34
Liquidated damages: $ -12,500.00
Final contract cost: $ 521,452.34
The final construction contract cost was approximately 11.3 percent over the original contract amount,
which is slightly more than the allotted 10 -percent contingency. The bulk of the cost increase was caused
by the unforeseen need to replace a large portion of existing deteriorated electrical conduit. Two change
orders were executed; the first change order was a reimbursement to the City for making emergency
repairs caused by CPE. The second change order was providing the contractor extra days needed for the
installing the additional conduit.
CPE exceeded the allotted contract working period by 30 days often times not appearing for work;
supplying the project with unacceptable materials that were subsequently rejected; and providing
insufficient staffing. CPE also repeatedly failed to meet construction milestones established for the
project. On October 13, 2014, CPE was notified that they would be subject to the agreed liquidated
damages in the amount of $500.00 per day following the contract completion date of October 17, 2014.
Subsequently, CPE did increase its staffing and was able to complete the contract 30 days after the
contract completion date. Given CPE's renewed demonstration to work with City staff, liquidated damages
were limited to 25 days. CPE was given every opportunity to complete the work on time. Staff feels it is
appropriate to assess 25 days of liquidated damages at $500.00 per calendar day for late completion as
specified in the Contract Specifications.
A summary of the project schedule is as follows:
Estimated Completion Date per 2014 Baseline Schedule September 19, 2014
Project Awarded for Construction March 25, 2014
Contract Completion Date with Approved Extensions October 28, 2014
Actual Substantial Construction Completion Date December 12, 2014
ENVIRONMENTAL REVIEW:
City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to
Section 15302 (replacement of existing facilities involving negligible expansion of capacity) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment.
7-2
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.
ATTACHMENTS:
Description
Attachment A - Location Map
Attachment B - Letter to California Professional Engineering dated October 13, 2014
7-3
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CONSIMITTFUCTION
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NEWPORT BACK
BAY
STREETLIGHT CIRCUIT SLD0079
BACK
BAY
STREETLIGHT CIRCUIT SLD0075
2013-2014 STREETLIGHT CITY OF NEWPORT BEACH
IMPROVEMENT PROJECT PUBLIC WORKS DEPARTMENT
LOCATION MAP C-5495 1/27/15
7-4
ATTACHMENT B
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
David A. Webb, Public Works Director
October 13, 2014
Van Nguyen
California Professional Engineering, Inc.
929 Otterbein Avenue, Unit E
Rowland Heights, CA 91748
Subject: 2013-2014 Streetlight Improvement Project (C-5495)
Liquidated Damages Assessment
Dear Mr. Nguyen,
This is to advise you that as specified in the contract documents for the 2013-2014 Streetlight
Improvement Project, Contract (C-5495), California Professional Engineering, Inc. (CPE) had seventy-
five (75) consecutive working days to complete all work under this contract. The 'Notice to Proceed'
(NTP) was issued on May 23, 2014 for work to begin on June 2, 2014.
Per the NTP and approved additional working days added for unplanned work, the contract
completion date is Friday, October 17, 2014. In the field meeting, an updated schedule was
requested by the City on Tuesday, October 6, 2014 and still has yet to be provided to the City for
review. CPE shall be subject to liquidated damages per Section 6-9 Liquidated Damages of the
contract at $500.00 per calendar day for failure to complete the work within the allotted time.
Upon multiple occasions Project Inspector, Frank Martin, and me observed CPE failing to show up for
work or with limited crews adding to the delayed completion. Regular project meetings were
conducted and during those meetings CPE was notified to work with SCE and subcontractor to
complete the project. You are hereby notified that CPE has until October 17, 2014 to respond in
writing to this letter with an action plan to complete this project in a suitable manner. In case of non-
response, the City will consider CPE has agreed to the above liquidated damages amount and that
such damages will be deducted from future progress and retention release payments due CPE.
Sincerely,
/Cid -w� v
Peter Tauscher, P.E.
Civil Engineer
Cc Mark Vukojevic, City Engineer
Frank. Martin, Senior PW Inspector
Leonie Mulvihill, Asst. City Attorney
100 Civic Center Drive • Post Office Box 1768 a Newport Beach, California 92660 (P.O. Box 92658-8915)
Telephone: (949) 644-3330 • Fax: (949) 644-3308 • www.newportbeachca.gov
I:1Usem1PBW1Shamd\Cont,acts\FY14-15 CURRENT PROJECTS@00-STREETS AND DRAINAGBC-5495-FY 13-14 Ste tfight Improvement CAP14-MMotloe of Uquideted
Damages-101014.docx . 1 -
7-5
ON
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
until 10:00 AM on the 26th day of February, 2014,
at which time such bids shall be opened and read for
2013-2014 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5495
$ 557,000.00
Engineer's Estimate
Approved by
14 Z�
Patrick Thomas
City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and
Drawings by contacting
Santa Ana Blue Print at (949) 756-1001
Located at 2372 Morse Avenue, Irvine, CA 92614
Contractor License Classification(s) required for this project: "A" or "C-10"
For further information, call Peter Tauscher, Project Manager at (949) 644-3316
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http://www.NewportBeachCA,qov
CLICK: Online Services/Bidding & Bid Results
City of Newport Beach
2013-2014 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5495
TABLE OF CONTENTS
NOTICE INVITING BIDS.........................................................................................
Cover
INSTRUCTIONS TO BIDDERS.......................................................................................3
BIDDER'S BOND.... .......................... ........
5
DESIGNATION OF SUBCONTRACTOR(S)....................................................................8
TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9
NONCOLLUSION AFFIDAVIT.....................................................................
13
DESIGNATION OF SURETIES......................................................................
14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15
ACKNOWLEDGEMENT OF ADDENDA........................................................................17
INFORMATION REQUIRED OF BIDDER.....................................................................18
NOTICE TO SUCCESSFUL BIDDER............................................................................21
CONTRACT...................................................................................................................22
INSURANCE REQUIREMENTS............................................................................A-1
LABOR AND MATERIALS PAYMENT BOND ......................................................
B-1
FAITHFUL PERFORMANCE BOND.....................................................................0-1
PROPOSAL..................................... .................................................
......................... PR -1
SPECIALPROVISIONS .......... ................... .......................... .....................................
SP -1
PA
City of Newport Beach
2013-2014 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5495
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO
BID OPENING DATE (if any)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed
Bid" shall be clearly marked on the outside of the envelope containing the documents.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, and (2) listed as an acceptable surety in the latest revision of.the Federal Register
Circular 570. The successful bidder's security shall be held until the Contract is executed.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. in the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
3
B. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code — including, but not limited to, the requirement to pay prevailing wage
rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by
the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act".
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
`1R-5ac>-1 /&—
Contractor's Licen e No. & Classification
alifornia Professional Engineering, Inc.
Il
City of Newport Beach
Contract No. 5495
BIDDER'S BOND
California Professional Engineering, Inc. dba California Professional Electrical Engineering
and The Hanover Insurance Company
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
Dollars ($ ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2013-
2014 STREETLIGHT IMPROVEMENT PROJECT, Contract No. 5495 in the City of Newport
Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract
is awarded to the Principal, and the Principal fails to execute the Contract Documents in the
form(s) prescribed, including the required bonds, and original insurance certificates and
endorsements for the construction of the project within thirty (30) calendar days after the date of
the mailing of "Notification of Award", otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it is agreed that the death of any such Principal shall not exonerate the Surety from its
obligations under this Bond.
Witness our hands this 11th day of February
California Professional Engineering, Inc. dba
California Professional Electrical Engineering
Name of Contractor (Principal)
The Hanover Insurance Company
Name of Surety
5 Hutton Centre, Suite 1060
Santa Ana, CA 92707
Address of Surety
714-415-3800
telephone
.y
Autho ", d Agent Signature
Yung T. Mullick, Attorney -in -Fact
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
....................................................................• a v e... v...
State of California
County of
ss.
On before me,
Public, personally appeared
Notary
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 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 taws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
........................n......................................................
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
_Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President 1 Vice -President I Secretary I Treasurer
Other:
Other
Thumbprint of Signer
❑ Check here if
M thumbprint
or fingerprint
is available
ACKNOWLEDGMENT
State of California
County of LOS ANGELES
On F(b- L,Qo®�A before me, Diem Chu, Notary Public
(insert name and title of the officer)
personally appeared Van Nguyen
who proved to me on the basis of satisfactory evidence to be the ppxsOr Kwhose nameWW,6re
subscribed to the within instrument and acknowled ed to me the he he/they executed the same in
is her/their authorized capacity, and that by laded
signatur� on the instrument the
sons f, or the entity upon be alf of which the persory(a'f 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.
Sig 4:;
ture _ (Seal)
State of California
County of Orange )
On February 11, 2014 before me, Christine T. Hoang. Notary Public
(insert name and title of the officer)
personally appeared Yung T. Mullick
who proved to me on the basis of satisfactory evidence to be the person(y') whose name(t) islara
subscribed to the within instrument and acknowledged to me that he% AbgN executed the same in
hiskxxftk ek authorized capacity(*, and that by his/laex/Akaix signature(s) on the instrument the
person(6), or the entity upon behalf of which the person(js) 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.
N CHRISTIP'E S NOi yG
WITNESS try -hand and official seal. � r• t
�`��"�.��_ NpTF,�%YBUuLlO•CALIFfJ.;;IR
�� �£ �„i fJRdaXdsE Ct7Ui<H7Y
°-0L o fi9Y GQMM. EXR PE6 25, 2tl1
Signature. _ (Seal)
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both
being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a
corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint
James W. Moilanen, Yung T. Muliick, and/or Jennifer C. Anaya
of Mission Viejo, CA and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and
deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances,
undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions
are still in effect:
"RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint
Attorneys -in -fact of the Company, in its name and as its ads, to execute and acknowledgefor and on its behalf as Surety any and all bonds, recognizances,
contracts of indemnity, waivers of citation and all other wntings obligatoryin the naturethereof, with powerto attach theretothe seal of the Company. Any
such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company in theirown proper persons"(Adopted Odober 7, 1981 -The Hanover Insurance Company: AccoadApn)14, 1982
- Massachusetts Bay Insurance Company, Adopted September 7, 2001 - Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seats, duly attested by two Vice Presidents,
this 3rd day of January 2012.
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS SURANCE COMPANY OF AMERICA
ft
-.� x Y—
[iup�rt Thorn r,, Ftce President ,..
Jew, lir ustrtam, l we Pras dcni .
On this 3rd day of January 2012 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance
Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that
the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and
Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to
said instrument by the authority and direction of said Corporations.
w . +APBARAA.GARWI K
Notary Public ✓� / �,�
y lflr Maleach n`bwule"4 ns
Barbara A. Garlick, Notary Public
My Commission Expires September 21, 2018
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,
hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further
certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,
Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
and executed
Vice
April 14,
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this II I day of February 40 14
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
1
"1 1. %ia R4 , ,G Ai r{'i._
Igrm Margosian, Vice President
City of Newport Beach
2013-2014 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5495
DESIGNATION OF SUBCONTRACTORS)
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 Contractors total bid. If a subcontractor is not listed, the
Contractor represents that he/she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State law
and/or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following subcontractors
have been used in formulating the bid for the project and that these subcontractors will be used
subject to the approval of the Engineer and in accordance with State law. No changes may be
made in these subcontractors except with prior approval of the City of Newport Beach. (Use
additional sheets if needed.)
Subcontractors InformationBid
Item
Description of Work
%of
Number
Total Bid
Name: 1FAV �ia \ 1
Address:�\�
la�j5�y Q91?\O'IZ O P>1gpPRoX
F
J
n
Q t (',A qq.
Phone:R\V���t`
&0� -14ki
\2
State License Number: J%E: j'S20
vc"Ata
Email Address: txC! t\ ` O� Q %Ki1
Name: RN\A%Kj Cert fi
Address: \ OO V(A- k .
Phone: -l'` 1W ,'ilpc�o
State License Number: 9_I DJG423
Emai! Address:
Name:
Address:
Phone:
State License Number:
Email Address
Bidder ring, Inc.
J
;Ic%rnacz Progcssi[G t i Engineering, Inc.
Authorized Signaturefritle
City of Newport Beach
2013-2014 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5495
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!I Please print or type.
Bidder's Name ;z.ti _ ,rnia Professional Engineering, Inc.
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 4 years in excess of $100,000, provide the following information:
No. 1
Project Name/Number
Project Description 'mac 51U\,a\ jr;%OAo
Approximate Construction Dates: From X40«\\. StMb To: -PcUP I:S& _@&A%�?_
Agency Name C," CSF' Q6WNJE4
Contact Person �KR l'W1 H'01�q Telephone N01. tpaa, -S6g8
Original Contract Amount $Final Contract Amount
If final amount is different from original, please explain (change orders, extra work, etc.)
$X" V`1D2k
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.
E
No. 2
Project Name/Number ?JE F1oW'E1z ", tttc%-&n CB`va TfCt G S Zq, t®JII�tS
Project Description TO)GC_ \11S'\Z�if1-iii!
Approximate Construction Dates: From�pa1i `c1®\TJ To:_&
Agency Name -C 1}A CS- bp-\WAi'hl cit.
Contact Person StoC\-- Telephone 904-149,4
Original Contract Amount $ ci \4 �F nal Contract Amount $ g r � �-
If final amount is different from original, please explain (change orders, extra work, etc.)
S*rn \j um< -
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 3 #
Project Name/Number ori -TON (\16 � � Sp -a -i Loo
Project Description
Approximate Construction Dates: From J qt�t . &IM a;. To:. t C . It)\ a
Agency Name e t i y ®rc\t�ac
Contact Person 'JF=tZC- U-Z�LN4B % Telephone ( Iji ljq -!)&3sOriginal Contract Amount $3%,4&Final Contract Amount $ ?fS1 \�` ��
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
10
No. 4
Project Name/Number
Project Description
LM
Approximate Construction Dates: From To: 93d
Agency Name i'� C C1x1V C1$V
Contact Person \�j� Telephone (u3IC9_�53
Original Contract Amount $2inal Contract Amount $-LIL&J2,_- g�-
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/Numt
Project Description
Approximate Construction Dates: From aot Z- TO: Kw- ololp..
Agency Name _Cat j ck Muf jf JE'3_-
Contact Person ?C�k4A ` ko&N �04 Telephone ft) 3�14 -A'j�
Original Contract Amount j ZJinal Contract Amount $ 01 taQ,
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 �aN � ay1a TO: T► , act\ 1,
Agency Name
Contact Persoi
Original Contract Amount $ 3
2%9 OFinal Contract Amount $ Wg� . tLQtp
amount is different from original, please explain (change orders, extra work, etc.)
14 1�1 X
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. � ! --- /
t:alffoY•�adtii Fa�r9fe,.+�'�'°oval '
Bidder - curing, Inc.
12
City of Newport Beach
2013-2014 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5495
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
Countyof
ltforxaza Professional Engineer Inc.
Van NCjU /on being first duly sworn, deposes and says that he or she is
e e , 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. A
I declare under penalty of perjury of the laws of the Stat of aliform a ifiat the egoing is true and correct.
`. resident
UtivtL, i .`EErkssional Engineein., I
Bidder Authonzed SionaturefTitl
Subscribed and sworn to (or affirmed) before me on this-9-�O—day of _56_, 2014
by Van Nguyn proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
p\pS� Sei� Notary Public
[SEAL] 9 `31t®c+C �k-
My Commission Expires:
13
ACKNOWLEDGMENT
State of California
County of LOS ANGELES
On la= Ily before me,
Diem Chu, Notary Public
(insert name and title of the officer)
personally appeared Van Nguyen
who proved to me on the basis of satisfactory evidence to be the person(.efiwhose name,(s ;Gre
subscribed to the within instrument and acknowled ed to me that�she/they executed the same in
s er/their authorized capacity4les9; and that by is er/their signature(.&) on the instrument the
personfs)1 or the entity upon behalf of which the persorp,(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
� DIEM CNU
/ r CODIE 20423113
Sig(BtUr@ ,a��(Seai) NOTARY LGAPNNGELES COUNTY N
- my CORN. EXP. SEP. 21.2017 [
I
0
City of Newport Beach
2013-2014 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5495
DESIGNATION OF SURETIES
Bidder's name California Professional Engineering, Inc.
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
\ 8
`5.150 WEST UC\ES NyCk e C 4o PQ—C9'1 n , C4 G5i(OS
dao ° a.a$ -3v'810
I q5® S*NvA�S-v 1x7. , S1 t �s®, Sc�r� Manz %no , Cp� C\aLkozi�
qoq -$qo • albb
14
City of Newport Beach
2013-2014 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5495
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name -0..ffbx LI Prof'essior?al Engineering, Ire_
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
15
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2013
2012
2011
2010
2009
Total
2014
No. of contracts
Lks
5
v6
a
Total dollar
Amount of
Contracts (in
{a StA
e7,tq
-1
4{(p.(p
Thousands of $
No. of fatalities
q
rx
No. of lost
Workday Cases
No. of lost
workday cases
involving
�d
115
permanent
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
15
Legal Business Name of Bidder
Business Address: x,29 Q{ pbEan Ayc Unl+ #E ,1 aECe c CM-clt-7i4ij
Business Tel. No.: (patp . Rio, t33A
State Contractor's License No, and
Classification: '*-19sc( /A,C—Ib
Title
The above information was compiled from the recd ds 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.
;a k rsij2t rrofessional Engineering, Inc,
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partnersljjoint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf
of the corporation. All must be acknowledged before a Notary Public, who must certify
that such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
(NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
KI
ACKNOWLEDGMENT
State of California
County of LOS ANGELES
On flab - D1,iP , &O\vA before me, Diem Chu, Notary Public
(insert name and title of the officer)
personally appeared Van Nguyen
who proved to me on the basis of satisfactory evidence to be the sonL%)- hose namefs)(/ re
scribed to the within instrument and acknowled ed to me th he he/they executed the ame in
subscribed
authorized capacity(i®s), and that b hi her/their Signa ureJ*on the instrument the
persons) r the entity upon behalf of which the persori(s-)Scted, 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.
� DEM CHU
wGrAar ruauc•cAueoaxut N
Sign re (seal) Los ANGELES COUNTY
WAIVER OF NOTICE AND CONSENT
TO HOLDING OF FIRST MEETING OF
INCORPORATORS AND DIRECTORS OF
CALIFORNIA PROFESSIONAL ENGINEERING INC.
A California Corporation
We, .the undersigned, being all of the incorporators, first
directors and/or the directors named in the Articles of
Incorporation of the above-named California corporation duly
formed by the filing of said Articles of Incorporation in the
office of the California Secretary of State on August 18, 2000,
and desiring to hold the first meeting of the Incorporators and
Directors of said corporation for the purpose of completing the
organization of its affairs, DO HEREBY WAIVE NOTICE of said
meeting, and CONSENT to the holding thereof at 9316 Mabel
Avenue, South El Monte, California 91733, on October 1, 2000, at
10:00 a.m. of said day, for the purpose of adopting Bylaws,
electing directors and officers, adopting a form of corporate
seal and share certificate, authorizing a notice of the
California Commissioner of Corporations that stock has been
issued in compliance with all the terms and conditions of
Section 25102 of the California Corporations Code, or the filing
of an application for a permit, as the case may be, with said
office, and transacting such other business as may be brought
before said meeting; and do hereby further agree that any
business transacted at said meeting shall be as valid and legal
and of the same force and effect as though said meeting were
held after notice duly given.
WITNESS our signatures this day, October 1, 2000.
Van Nguyen,
MINUTES
- 1 -
MINUTES OF FIRST ORGANIZATIONAL MEETING
OF INCORPORATORS AND DIRECTORS OF
CALIFORNIA PROFESSIONAL ENGINEERING INC.
A California Corporation
The undersigned, being
Articles of Incorporation
corporation, duly formed by
Incorporation in the office of
on August 18, 2000, and
organizational meeting for
organization of its affairs,
conferred upon Incorporators
Corporation Law, held such me
El Monte, California 91733, on
said day.
the Incorporator named in the
of the above-named California
the filing of said Articles of
the California Secretary of State
desiring to hold the first
the purpose of completing the
in accordance with the powers
by Section 210 of the General
=_ting at 9316 Mabel Avenue, South
October 1, 2000, at 10:00 a.m. of
Present at this session of the meeting: Van Nguyen, being
the Incorporator of said corporation named in its Articles of
Incorporation.
On motion and by unanimous vote, Van Nguyen was elected
temporary Chairperson and temporary Secretary of the meeting.
ARTICLES OF INCORPORATION FILED
The Temporary Chairperson stated that the original Articles
of Incorporation of the corporation had been filed in the office
of the California Secretary of State, and had been assigned the
following filing date and State Corporation filing number:
Filing Date: August 18, 2000
Official Filing Number: 2196373
The Temporary Chairperson then presented to the meeting a
certified copy of said Articles of Incorporation, showing
filings as stated and the Temporary Secretary was directed to
insert said copy in the Book of Minutes of the corporation.
MINUTES
- 2 -
BYLAWS
The matter of the adoption of Bylaws for the regulation of
the affairs of the corporation was next considered. The
temporary secretary presented to the meeting a form of Bylaws
which were duly considered and discussed. On motion duly made
and unanimously carried, the following resolutions were adopted:
RESOLVED: That the Bylaws presented to this meeting
and discussed thereat be, and the same hereby are,
adopted as and for Bylaws of this corporation.
RESOLVED FURTHER: That the temporary secretary of this
corporation be and hereby is authorized and directed
to execute a certificate of the adoption of said
Bylaws and to insert said Bylaws as so certified in
the Book of Minutes of this corporation, and to see
that a copy of said Bylaws, similarly certified, is
kept at the principal office for the transaction of
business of this corporation, in accordance with
Section 213 of the California Corporations Code.
ELECTION OF DIRECTORS
The temporary Chairperson stated that the Bylaws adopted by
the Corporation provide that the number of Directors shall be
one (1).
The temporary Chairperson advised that the Incorporator, on
motion and by unanimous vote, had elected the following person
as the first Directors of the Corporation to serve until
successors are duly elected pursuant to the Bylaws, or until
resignation or removal, as the case may be, and effective upon
their acceptance of their position, to exercise the powers of
further organization and direction of the Corporation. Each of
the newly elected Directors signified acceptance:
DIRECTOR'S NAME AND ADDRESS
Van Nguyen
2574 S. Pepperdale Drive
Rowland Heights, CA 91748
SIGNATURE
MINUTES
- 3 -
DATE
RESIGNATION OF INCORPORATOR
The meeting continued. Present at this session of said
meeting, in addition to the Incorporator were Van Nguyen, the
Director duly elected herein. In the interests of maintaining
continuity of action, the Director waived notice of said
organizational meeting, took his place and the meeting then
proceeded further.
The temporary. Chairperson advised that the Incorporator,
having completed the necessary steps in organizing the
Corporation and having elected the appropriate number of
Directors to carry forward the management of the Corporation,
now wished to submit his resignation:
The undersigned Incorporator herewith resigns:
Van Nguyen
The temporary Chairperson stated that the`'f Incorporator's
tasks had now been accomplished and upon motion duly made and
recorded, said resignation was accepted.
The temporary. Chairperson announced that the meeting was
held pursuant to written Waiver of Notice and Consent thereto
and was signed by all of the participants and upon motion made
and unanimously carried, was made a part of the records of the
meeting, and now precedes the minutes of this meeting in the
Book of Minutes of the corporation.
ELECTION OF OFFICERS
The meeting then proceeded to the election of officers.
The following were duly elected to the offices indicated after
the names of each:
Van Nguyen, President
Van Nguyen, Secretary
Van Nguyen, Chief Financial Officer
Each officer so elected being present accepted his office,
and thereafter, the president presided at the meeting as
Chairperson, and the secretary acted as secretary of the
meeting.
CORPORATE SEAL
The secretary presented for approval of the meeting a
MINUTES
- 4 -
proposed seal of the corporation, consisting
circles with the name of the corporation in
words and figures in the form as follows:
(SEAL)
of two concentric
one circle and the
On motion duly made and unanimously carried, the following
-resolution was adopted:
RESOLVED: That the corporate seal, in the form, words
and figures presented to this meeting be, and the same
hereby is, adopted as the seal -of this corporation.
SHARE CERTIFICATE
The secretary presented to the meeting a proposed form of
share certificate for use by the corporation. On motion duly
made and unanimously carried, said form of share certificate was
approved and adopted, and the secretary was instructed to insert
a copy thereof in the Book of Minutes immediately following the
minutes of the meeting.
ORGANIZATIONAL EXPENSES
In order to provide for the payment of expenses of
incorporation and organization of the corporation, on motion
duly made and unanimously carried, the following resolution was
adopted:
RESOLVED: That the President or Vice President and
the Chief Financial Officer of this corporation be,
and they hereby are authorized and directed to pay the
expenses of incorporation and organization of this
corporation.
ACCOUNTING YEAR
The Chairperson suggested that the meeting consider the
adoption of an accounting year, either fiscal or calendar, so
that the Franchise Tax Board could be notified thereof. On
motion duly made, seconded and unanimously carried, the
following resolution was adopted:
RESOLVED: That this corporation adopt an accounting
year as follows:
DATE ACCOUNTING YEAR BEGINS: November 1
DATE ACCOUNTING YEAR ENDS: October 31
PRINCIPAL OFFICE LOCATION
After some discussion, the location of the principal office
of the corporation for the transaction of the business of the
corporation was fixed pursuant to the following resolution,
adopted, on motion duly made, seconded and unanimously carried:
.RESOLVED: That 9316 Mabel Avenue, South El Monte,
California 91733 be and, the same hereby is designated
and fixed as the principal office for the transaction
of the business of this corporation in the State of
California.
OFFICERS AUTHORIZED TO CONTRACT
To authorize the officers to contract and obligate the
corporation, in the ordinary course of business, the following
resolution was, upon motion duly made, seconded and carried,
adopted:
RESOLVED: That the following officers be, and the
same hereby are authorized to sign contracts and
obligations on behalf of the corporation:
Van Nguyen, President
MINUTES
- 6 -
City of Newport Beach
2013-2014 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5495
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name C IjFO121 jA c F ecslLil F11aanEEpTn',\Y1G.
The bidder shall signify receipt of all Addenda here, if any, and attach executed
copy of addenda to bid documents:
Received
ON
City of Newport Beach
2013-2014 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5495
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation: `ni;
n\iK1 p�QSS�oY1G, �t�o`T�^
Business Address:9aq�rFtZhctn ,uri19 I � zmoi\,* Ct'X %-141j' 1! `
Telephone and Fax Number:
California State Contractor's License No. and Class: - _
(REQUIRED AT TIME OF AWARD)
Original Date Issued: °i oo( Expiration Date: b'jTaao1 15
List the name and title/position of the person(s) who inspected for your firm the site of
the work proposed in these contract documents:
� QV4 1`1g#n I ESbhD3-6-
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
Gtl°kk
��,� • kto • r33g
Corporation organized under the laws of the State of C.A11k-eg-N( d
a]
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:
J J,
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;
N�a
Briefly summarize the parties' claims and defenses;
iSt3-
HHatvee you ever had a contract terminated by the owner/agency? If so, explain
H ye you ever failed to complete a project? if so, explain.
9aL
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 labo compliance (i.e. failure to
pay prevailing wage, falsifying certified payrolls, etc.)? Yes f No
M
Are any claims or actions unresolved or outstanding? Yes /to
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 1 1t� � k(a ► w : l •
ajALVj `7)`A
Date
pis stiF a-Ri-z�L),-
on before me, Notary Public, personally
appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
Notary Public in and for said State
My Commission Expires:
20
State of California
County of LOS ANGELES
On - ate L ac -ASA before me, Diem Chu, Notary Public
(insert name and title of the officer)
personally appeared Van Nguyen
who proved to me on the basis of satisfactory evidence to be the
s_Ubscribed to the within instrument and acknowledged to me thdl
his er/their authorized capacity(iesj, and that by is er/their sig
sop(-.'), or the entity upon behalf of which the personal acted,
executed the same in
the instrument the
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 «4 DIEM CHU
CoMAt. i 2 n.3
vi NOTARY PUSL40-041FORNIA N
SI re eal) LOB ANO1118000NTY
MY COMM. ENP EBP. 21, 2017
City of Newport Beach
2013-2014 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5495
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as
required by the Contract documents and delivered to the Public Works Department within
ten (10) working days after the date shown on the Notification of Award to the successful
bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in
the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by
the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on
the insurance company's forms, fully executed and delivered with the Contract. The Notice to
Proceed will not be issued until all contract documents have been received and approved by the
City.
FE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
FY 2013-2014 STREETLIGHT IMPROVEMENT PROJECT
CONTRACT NO. 5495
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
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. 5495 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 and Demobilization
@lye'(a1s�'f��t Dollars
and
�eS�o Cents $ 5,o<�0
Per Lump Sum
Lump Sum Traffic Control
@ G\ e 't�°tnd Dollars
and
Cents $ \,000
Per Lump Sum
1 EA Replace and Install New Type II (31'-3")
Standard (Ameron Cat. No. 6 -B1 -31-F8) and
GE 130 watt, 10,300 lumen (#ERS2-3-HX-CX-
5-40-4-GRAY), 240 volt LED luminaire
@'�00 1 \ A IPIO Dollars
and
- IeQo Cents $ A +Coa $ 'A � OCO
Per Each
PR2of9
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 1 EA Replace and Install New Type II (26'-3")
Standard (Ameron Cat. No. 4 -B1 -31-F8)
and GE 54 watt, 4,000 lumen (#ERS1-3-
BX-EX-5-40-4-GRAY), 240 volt LED
LI[f1101"M7
,,,,,,,.�11F�ve
@'Cfi�R2t� --VAN\ WA Dollars
and
e�Q Cents
Per Each
$ S "E;C
5. 2 EA Replace and Install New Type III (12'-3")
Standard (Ameron Cat. No. 7-62-12p) and
GE 86 watt, 4,630 lumen (#EPTC-3-B3-41-P-
L4-A-GRAY), 240 volt LED luminairq
�Ae - kkagt "-
Dollars
and
Cents $ 5r $ '4,000
Per Each
6. 16 EA Replace Existing Luminaire on Existing Streetlight
Standard with New GE 130 watt, 10,300 lumen (#ERS2-3-HX-
CX-5-404-GRAY), 240 volt LED luminaire
und�ed--WDoll�
liar§ Y1�1e
C and C
Cents $ O`LFJ $ � 20O
Per Each
86 EA Replace Existing Luminaire on Existing Streetlight
Standard with New GE 54 watt, 4,000 lumen (#ERS1-3-BX-
EX-5-40-4-GRAY), 240 volt LED luminaire
@ %W, i qOV-G!(� Dollars
�eQc and
Cents $ lDoC $ 5t , IDCp
Per Each
PR3of9
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
8. 27 EA Replace Existing Luminaire on
Existing Streetlight Standard with
New GE 86 watt, 4,630 lumen
(#E PTC -3 -B3 -41 -P -L -4 -A -GRAY),
240 volt LED luminaire
-WCW-0
@CP--tcg�gr\� Dollars
OO and
Z
Cents
Per Each
WAmm A -SAP
9. 1 EA Rotate Luminaire and Mast Arm on top of
Standard to orient over street
@ Dollars
and
Cents $ <-�DO $
Per Each
10. 3 EA Rotate Existing Streetlight Standard
@�I�QUnd� Dollars
and
Cents $ 'v00
Per Each
11. 10 EA Clean and Paint Existing Mast Arm
A�, CW@4 Dollars
and
Cents $ ' Pc $ 3,aop
Per Each
12. 5 EA Re -grout Existing Street Light Standard
@ Eighit —Dollars
and
Cents
Per Each
13. 45 EA Remove and Replace Existing Pull Box
@ 'Q\RM Autd?i Dollars
and
�ey_p Cents $ �GC $ �OOC
Per Each
PR4of9
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
14. 150 EA Furnish and Install New #3-1/2 F Concrete
Pull Box
Dollars
and
C_ Cents $ `6 )o
Per Each
15. 2 EA Furnish and Install New Single -Meter
Type III -BF Service Cabinet
s11ms ,(Ay\ o IlAstoed
and
s`ePc Cents $ �A'_-0c $ q poo
Per Each
16. 1 EA Modify Existing Type III -BF
Service Cabinet
@E�q�i 1�uh�t Dollars
$e�C and
Cents $ %50 $ ��
Per Each
17. 135 EA Furnish and Install New 1" PVC
Conduit with 248 Insulated
Conductors and 148 bare
conductor
Dollars
and
Cents $ 35 $
Per Each
18, 8,500 LF Furnish and Install New 1-1/4" PVC
Conduit with 248 Insulated Conductors
and 148 Bare Conductor
@ tkAM,� Dollars
and
Cents $ �� $ \5b,
Per Linear Feet
PR5of9
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
19, 450 LF Furnish and Install New 1-114" PVC Conduit
with 448 Insulated Conductors and 148
Bare Conductor
@h�n Dollars
and
Cents • 00
Per Linear Feet
20. 200 LF
Furnish and Install New 2" PVC Conduit with 848 Insulated
Conductors and 148 Bare Conductor
Dollars
C> and
Cents $ 2'S
$
5 , W cc
Per Linear Feet
21, 13,000 LF
Furnish and Install New 248 Insulated Conductors
and 148
Bare Conductor
Dollars
and
Cents $5
$
22,50
Per Linear Feet
22, 200 LF
Furnish and install New 448
Insulated Conductors and 148
Bare Conductor
@ Dollars
and
Cents $ 2 .25
Per Linear Feet
23. 1,000 LF
Furnish and Install New 848 Insulated
Conductors and 148 Bare Conductor
@ Dollars
and
Cents $ `3.5
Per Linear Feet
PR6of9
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
24. Lump Sum Remove Existing Pull Box and Connect
Conduit
F\Ftp
Dollars
0 and
Cents $ 250
Per Lump Sum
25. Lump Sum Remove Existing Series Conductors
Dollars
and
�eRO Cents $ 2,000
Per Lump Sum
26. 2 EA Remove and Salvage Existing Series
Service Disconnect
@ AM# \ Dollars 00
and .a
-INVP Cents $$ \ , 000
Per Each
27. 10 EA Trim Brush and/or Tree
@ CUA �40;—Dollars 200
and 3 y VA 21 crop
Cents $ $
Per Each
28. 1 EA Construct Retaining Wall
and
Cents $ 20,00C $ 2o,cap
Per Each
29. 1 EA Relocate Existing Type 11 Streetlight
Standard Onto New Foundation 12"
Above Grade
@-Cc-cusgr�l Dollars
and
�ev-o Cents $ 2,1070 $ 2,\00
Per Each
FIR 7of9
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
30.
31
32.
33.
34
1 EA Relocate Existing Type II
Streetlight Standard Onto New
Foundation
cve
Dollars
® and
Cents $ 2, toC
Per Each
50 LF Furnish and Install New 1-1(4" PVC
Conduit with 448, 2#10 Insulated
Conductors and 148 Bare
Conductor
$ + \OC
@ fl�k� Dollars
and
�c Cents $ 50 $ 2jC->cC
Per Linear Feet
1,500 LF Furnish and Install New 2410
Insulated Conductors and 148
Bare Conductor
@ C,l Dollars
and
' 1
'F Cents $ 0.�A $ 2�6C
Per Linear Feet
1 EA Remove and Salvage Existing
Flashing Beacon Service
Disconnect
@ CV� "C QICV Dollars
and
� O Cents $ ° tco® $ k 00
Per Each
1 EA Existing Series Service
Disconnect To Remain
@__�_ A44 Dollars
and
IG?Cents
Per Each
$ 2C)o $ 200
ITEM QUANTITY
AND UNIT
ITEM DESCRIPTION AND UNIT UNIT TOTAL
PRICE WRITTEN IN WORDS PRICE PRICE
35. 3 EA
Furnish and Install New #5 F
Concrete Pull Box tA
�Dollars
AMA
and
�® Cents $ _S,5 c $ b,10IE-10
36 Lump Sum
Remove All USA Markings and
Restore Pavement Surfaces
@ One Thousand Dollars
and
Zero Cents $ 1000.00
Per Lump Sum
37. Lump Sum Provide As -Built Drawings
@ Five Hundred Dollars
and
Zero Cents $ 3,000.00
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
FNM? WG\t'ed Dollars
and ® Cents $ XA W 2 P q00 .
Tot Price (Figures)
�\ At$4 v1tER9i
Date Bid er
(o •$"t0. 13wao •2't0, 4r i
Bidder's Telephone and Fax Numbers Bidder's Authorize Signature and Title
Bidders email: ajcly\ C\Nevav"C.. Corn
PR9of9
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
The selection of lowest responsible bidder shall be based on the Total Base Bid amount above.
The bid amount entered for the additive bid item below is for the sole purpose of City
information. The City may, during construction, elect to construct one, all, or none of these
Al. 1 EA Furnish and Install New Type 11(31'-3") Standard
(Ameron Cat. No. 6-81-31-F8) and GE 130 watt,
10,300 lumen (#ERS2-3-HX-CX-5-40-4-GRAY), 240
volt LED luminaireg mwl A"A
Dollars
and
Cents $ 5 GG $
Per Each
A2. 1 EA Furnish and Install New Type 11(26'-3") Standard
(Ameron Cat. No. 4-131-31-F8) and GE 54 watt,
4,000 lumen (#ERS1-3-BX-EX-5.404-GRAY), 240
volt LED luminaire
@� I'Ae -r,,tn(OAMM e �
1l Dollars
and
Sep Cents $ �, $ '�E> "bcx>
Per Each
Page: 1 of 1
• •0'
•� !q:fAI:4 11
1 0 It ► �
2013-2014 STREETLIGHT IMPROVEMENT PROJECT
CONTRACT NO. 5495
DATE: February 21, 2014 BY:
City Engineer
TO: ALL PLANHOLDERS
The following changes, additions, deletions, or clarifications shall be made to the contract documents —
all other conditions shall remain the same.
Revise Proposal page 5 of 9, Item 19 shall read "Furnish and Install New 1-1/4" PVC Conduit with 448
Insulated Conductors and 148 Bare Conductor". Please use revised Proposal page 5 of 9 when
submitting bid.
Bidders must sign this Addendum No. 1 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)
Authorized Signature &
i:Wsers\pow\shared\contractsVy 13-14\c-5495 (cap14-0016) -13-14 streetlight improvementc-5495 addelidum no. 1.doc
CONTRACT FOR PUBLIC WORKS
2013-2014 STREETLIGHT IMPROVEMENT PROJECT
CONTRACT NO. C-5495
THIS CONTRACT FOR PUBLIC WORKS ("Contract') is entered into this 26th
day of March, 2014 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and CALIFORNIA
PROFESSIONAL ENGINEERING INC., a California corporation ("Contractor"), whose
address is 929 Otterbein Ave, Suite E, La Puente, CA 91748, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City has advertised for bids for the following described public work: 2013-2014
Streetlight Improvement Project. The work necessary for the completion of this
contract consists of: mobilization, traffic control, distributing construction
notifications, concrete improvements, installing, removing and relocating street
lighting facilities, furnishing and installing street lighting facilities and
appurtenances, restoring grout caps, potholing, and all other items to complete
work in place (the "Project" or "Work").
C. 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, it is mutually agreed by and between the undersigned
parties as follows:
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 Bidder, Faithful Performance Bond, Labor and Materials
Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans
and Special Provisions for Contract No. C-5495, 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"),
all of which are incorporated herein by reference. 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.
2. 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.
COMPENSATION
3.1 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 Four Hundred Sixty -Eight Thousand Seven
Hundred Dollars and 001100 ($468,700.00).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 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.
4. 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 City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, Contractor shall be
required to file any claim Contractor may have against City in strict conformance with
the Government Claims Act (Government Code 900 et seq.).
5. WRITTEN NOTICE
5.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
California Professional Engineering Inc. Page 2
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
5.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attention: Public Works Director
City of Newport Beach
Public Works Department
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
5.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attention: Van Nguyen
California Professional Engineering, Inc.
929 Otterbein Ave, Suite E
La Puente, CA 91748
6. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract or for other periods as specified in the Contract Documents,
policies of insurance of the type, amounts, terms and conditions described in the
Insurance Requirements attached hereto as Exhibit A, and incorporated herein by
reference.
7. RESPONSIBILITY FOR DAMAGES OR INJURY
7.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of
the Project by Contractor, or its subcontractors, or its workers, or anyone employed by
either of them.
7.2 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 Contractor.
7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees
and volunteers (collectively, the "Indemnified Parties") from and against any and all
California Professional Engineering Inc. Page 3
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,
attorneys' 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, reckless, 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 for any or all of them).
7.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' 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 Contractor.
7.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Project Work.
7.6 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.
7.7 Nothing in this Section or any other portion of the Contract Documents
shall be construed as authorizing any award of attorneys' fees in any action to enforce
the terms of this Contract, except to the extent provided for above.
7.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
8. CHANGE ORDERS
8.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
8.2 The Contractor shall only commence work covered by a change order
after the change order is executed and notification to proceed has been provided by the
City.
California Professional Engineering Inc. Page 4
8.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
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.
10. CONFLICT
If there is a conflict between provisions of this Contract and any other Contract
Document, the provisions of this Contract shall prevail.
ifi1�44c\PL�3
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.
12. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
California Professional Engineering Inc. Page 5
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S FFICE a California unici al corporation
Date: — Dater
By:' By:
Aaron C. H rp Rush N. Hill, II
City Attorney Mayor
ATTEST:
Date:
4 t,
By:
Leilani I. Brown
City Clerk
CONTRACTOR: CALIFORNIA
PROFESSIONAL ENGINEERING INC., a
California cororation
Date: 4 12 �?-ol I4
By: \
Van Nguyen
President and Secr tary
[END OF SIGNATURES]
Attachments: Exhibit A - Insurance Requirements
Exhibit B -- Labor and Materials Payment Bond
Exhibit C -- Faithful Performance Bond
California Professional Engineering Inc. Page 6
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
Oil 2 before me, Olivia Chea, Notary Public
(Here insert name and title of the officer)
personally appeared Van Nguyen
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is subscribed to
the within instrument and acknowledged to me that e he/4 e executed the same in is authorized
capacity(es} and that by is' signature() 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.
'��� t OLIVA Oh(L'l3•��
.,-i (:oMM, # 1931793 ►A
WITNESS a official seal.C Uj aa�°,;.m - NOTARY PUULIC-CALIFORNIA U1
���� LOS ANGELES COUNTY ""
a 'u.r2rMY COM1IIh. ExP. APR. 8, 20�.1.5.k
!wwr�r�a.reoa-aav4,vev,v�ra,,,,vwe„rve
(Notary Seal)
Signature of Notary Pull<
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPAv12.10.07 800-873-9865 www.NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they,- is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of Insurance. Without limiting Contractors indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Contract, 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.
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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee 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. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with California law for all of
the subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to waive
all rights of subrogation against City, its elected or appointed officers,
agents, officials, employees and volunteers. Contractor shall submit to
City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its elected or appointed officers, agents,
officials, employees and volunteers.
B. 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
California Professional Engineering Inc. Page A-1
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.
C. 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 Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
D. 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 City with a copy of the policy.
• 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;
• Policies shall "follow form" to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the
umbrella or excess policies.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials employees and
volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
and insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, shall
provide or be endorsed to provide that City, its elected or appointed
California Professional Engineering Inc. Page A-2
officers, agents, officials employees and volunteers shall be included as
additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees and
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of
Award". Insurance certificates and endorsements must be approved by
City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file 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.
B. City's Right 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 Contractor ninety (90) calendar days
advance written notice of such change. If such change results in
substantial additional cost to Contractor, City and Contractor may
renegotiate Contractor's compensation.
C. Right to Review Subcontracts. 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.
D. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
California Professional Engineering Inc. Page A-3
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A 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.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use
any self-insured retentions on any portion of the insurance required herein
and further agrees that it will not allow any indemnifying party to self -
insure its obligations to City. If Contractor's existing coverage includes a
self-insured retention, the self-insured retention must be declared to City.
City may review options with Contractor, which may include reduction or
elimination of the self-insured retention, substitution of other coverage, or
other solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
G. 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 Contract, 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.
H. 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 Contract, 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.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to
apply to the full extent of the policies. Nothing contained in this Contract
or any other agreement relating to City or its operations limits the
application of such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this
or any other Contract or agreement with City. Contractor shall provide
proof that policies of insurance required herein expiring during the term of
this Contract have been renewed or replaced with other policies providing
at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. A coverage binder or letter from
California Professional Engineering Inc. Page A-4
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be
provided to City with five (5) calendar days of the expiration of the
coverages.
K. 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.
California Professional Engineering Inc. Page A-5
BOND EXECUTED IN DUPLICATE
XV411Z3
The premium charges on this Bond is $ s 327.00**SEE BELOW , being at the
rate of $ 13.50 thousand of the Contract price.
—WHICH IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT
WHEREAS, the Cit of Newport Beach, State of California, has awarded to
California Professional le ineering, Inc. rin hereinafter designated as the "Principal," a
California Professional Electrical Engineering g p
contract for 2013-2014 Streetlight Improvement Project in the City of Newport Beach, in
strict conformity with the Contract on file with the office of the City Clerk of the City of
Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Contract.
NOW, THEREFORE, we, the Principal, and The Hanover Insurance Company
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Four
Hundred Sixty Eight Thousand Seven Hundred and 00/100 Dollars ($468,700.00)
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.
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 City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
California Professional Engineering Inc. Page C-1
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 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 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 execu d by the
Principal and Surety above named, on the 31st day of March 20 14 .
California Professional Engineering, Inc. dba
California Professional Electrical Engineering
Name of Contractor (Principal) Authorized Signature/Title it i Ci?,
The Hanover Insurance Company
Name of Surety
5 Hutton Centre, Suite 1060, Santa Ana, CA 92707
Address of Surety
714-415-3800
Telephone
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
California Professional Engineering Inc. Page C-2
State of California
County of Los Angeles
On Qom{ o' before me, Olivia Chea, Notary Public
(Here insert name and title of the officer)
personally appeared Van Nguyen
who proved to me on the basis of satisfactory evidence to be the persons) whose name Is - subscribed to
the within instrument and acknowledged to me that I )he4hey executed the same in is authorized
capacity(ies-} and that by is erF signature(s) on the instrument the personal, 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.
Li l'VlA CpEr,
WITNESS my ha d official seal. c <„ 1931793
� ffi � tDx`t {ig'� ALLrUflNiA V3
/ nG A b h00N7Y
Ili. M t`G if r1l, in. fit 7u9a mkk6
Sig otary ubfie (Notary Seal)
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached
(Title or description of attached document continued)
Number of Pages _ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Parmer(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008Version CAPAvl2.10.07800-873-9865 www.NonuyClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California in such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefutly for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signers) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signers) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public most print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the names) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e,
he/shefthey,- is /are) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public most match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
►:�+1 * Ii7f �►ie HM14►,111
State of California
County of
On March 31, 2014 before me, Christine T. Hoang, Notary Public
(insert name and title of the officer)
personally appeared Yung T. Mullick
who proved to me on the basis of satisfactory evidence to be the person(z) whose name(V) is/aFa
subscribed to the within instrument and acknowledged to me that he/*tVA t executed the same in
hisbhedtlmk authorized capacity(*, and that by his/koAkak signature(s) on the instrument the
person(�e), or the entity upon behalf of which the person(z) 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.
6E °`*F CHRIS TIN ET. HO ANG
e a y ;
COMM-7
CM . 0 2008757
WITNESS hand and official seal. �< T N07ARYPUSLIC•CALIPORNIA�
5 d ORANGE COUNTY
MY COMM. EXP. PE8 25, 2017
Signature __ e (Seal)
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both
being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a
corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint
James W. Moilanen, Yung T. Mullick, and/or Jennifer C. Anaya
of Mission Viejo, CA and each is a true and lawful Attorney(s)-in-factto sign, execute, seal, acknowledge and deliverfor, and on its behalf, and as its act and
deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances,
undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions
are still in effect:
"RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint
Attorneys -in -fact of the Company, in its name and as its ads, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances,
contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any
such writings so executed by such Attorneys-In4aict shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company in their own proper persons "(Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14,1982
- Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of Amenia)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents,
this 3rd day of January 2012.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
—_
CIi7ZENS SU}tANCE COMPANY OF AMERICA
✓ft,�ey/j, f' I
_____. ��^. '�'�
Rf1t~ert Tbonla3, Vice President
THE COMMONWEALTH OF MASSACHUSETTS)
COUNTY OF WORCESTER )as ioz a4[ct-5Crfl4r' isp, P.i'sldc+t
On this 3rd day of January 2012 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance
Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that
the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and
Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to
said instrument by the authority and direction of said Corporations.
3. �* BARBARA A. WVCK
$ Notary Pub6e/.
'�a y G�XhoIaaI6udW WS
RSC a,�xim Egli 5M.21.2A9
Barbara A. Garlick, Notary Public
My Commission Expires September 21, 2018
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,
hereby certify that the above and foregoing is a full, true and correct copy ofthe Original Power of Attorney issued by said Companies, and do hereby further
certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,
Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
"RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed
by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all
signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile" (Adopted October 7, 1981 - The
Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company, Adopted September 7,2001 - Citizens Insurance Company
of America)
GIVEN under my hand and the seals of said Companies, at Worcester. Massachusetts, this 31 day of MARCH PO 14
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
ii1asin Margosam. Vice President
BOND PREMIUM INCLUDED IN PERFORMANCE BOND
BOND EXECUTED IN DUPLICATE
WHEREAS, the City of Newport Beach, State of California, has awarded to
California Professional Engineering, Inc.nhereinafter designated as the "Principal," a
California Professional Electrical Engineerinng
contract for 2013-2014 Streetlight Improvement Project in the City of Newport Beach, in
strict conformity with the Contract on file with the office of the City Clerk of the City of
Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract 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,
The Hanover Insurance Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of
Four Hundred Sixty Eight Thousand Seven Hundred and 001100 Dollars
($468,700.00) 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 specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as
required by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 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 9500 et seq. of the Civil
Code of the State of California.
California Professional Engineering Inc. Page B-1
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 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 31st day of March 2014 .
California Professional Engineering, Inc. dba
California Professional Electrical Engineering
Name of Contractor (Principal) Authorized Sig naturelTitl APTrPw,,(tt _ 4
The Hanover Insurance Company f
Name of Surety Authorized
5 Hutton Centre, Suite 1060, Santa Ana, CA 92707 Yunq 2/( ullick, Attorn
Address of Surety Print Name and Title
714-415-3800
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
California Professional Engineering Inc. Page B-2
MEN a 11111140 EVER no!�
State of California
County of Los Angeles
On 1 2-I before me, Olivia Chea, Notary Public
(Here insert name and title of the officer)
personally appeared Van Nguyen
who proved to me on the basis of satisfactory evidence to be the person(s-) whose name rs subscribed to
the within instrument and acknowledged to me that Ohe4hey executed the same inis air authorized
capacity(-ies* and that by is 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.
1 OLMA ' A
❑
WITNESS m a official seal. un,K1 1931703
y U., J P o
pp�y
^.+d Y r LtFOw#A
r -r � its PJUY-'i
4"t
F R-e2-a9^5...-sa
❑
(Notary Seal)
❑
Signature o otary Pu lic
❑
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attomey-in-Fact
❑
Trustee(s)
❑
Other
2008 Version CAPAvl2.10.07800-873-9865 www.NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in Calfornia must contain verbiage exactly as
appears above in the notary section or a separate acknowledgmew.form must be
properly completed and attached to that document. The only exception is if a
doom ent is to be recorded outside of California In such instances, any altemafive
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is Illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form ifrequired.
• State and County information must be the State and County where the document
signers) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• 'no notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plum] forms by creasing off incorrect forms (i.e.
he/she/the5-- is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
State of California
County of _ Orange }
On March 31 2014 before me, Christine T. Hoang, Notary Public
(insert name and title of the officer)
personally appeared Yung T. Mullick
who proved to me on the basis of satisfactory evidence to be the person(j6) whose name($) is/arc
subscribed to the within instrument and acknowledged to me that he/siifr executed the same in
hiskoedAiiek authorized capacity(x*, and that by his/texRlxstc signature(s) on the instrument the
persons), or the entity upon behalf of which the person(j6) 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 and and official seal.
Signature _
,sE"� °""Fs CHRISTINE T, HOdNG
®�- 1✓OTARVPU6LiCCALIFORNIA
QFLONGE COUNTY �
�q,� MYCOMM.EXP.FE625,2011
(Seal)
'.. THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both
being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a
corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint
James W. Moilanen, Yung T. Mullick, and/or Jennifer C. All
of Mission Viejo, CA and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliverfor, and on its behalf, and as its act and
deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances,
undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions
are still in effect:
'RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint
Attorneys -in -fad of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances,
contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any
such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company in their own proper persons ° (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted Apnl 14, 1982
- Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents,
this 3rd day of January 2012.
THE HANOVER INSURANCE COMPANY
UO)
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS SURAL E COMPANY OF AMERICA
A
N
RxroErert 7bor:ta3.. Vice )'r,:.tzdent
THE COMMONWEALTH OF MASSACHUSETTS) ---`
COUNTY OF WORCESTER )as, J"'Arco Ytoo President
On this 3rd day of January 2012 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance
Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that
the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and
Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to
said instrument by the authority and direction of said Corporations.
w BA38ARAA. GAflttCx
Ncdary Public y
idy c -maix+£r,+,gs 9e{a.3+. xmix
Barbara A. Garlick, Notary Public
My Commission Expires September 21, 2018
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of Ar ice,
hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further
certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,
Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
"RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed
by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if ail
signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile" (Adopted October 7, 1981 - The
Hanover Insurance Company; Adopted April 14, 1982- Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company
of America)
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 31 day of MARCH 20 14
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS SAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
Itrttn Margosian, Vice President
CERTIFICATE OF INSURANCE
CHECKLIST
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 3/27/14
Date Completed: 3/27/14
Dept./Contact Received From: Raymund
Sent to: Raymund By:
Chris
Company/Person required to have certificate: California Professional Engineering, Inc.
Type of contract: All Others
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 2/26/14-2/26/15
A. INSURANCE COMPANY: Houston Specialty Insurance Company
B. AM BEST RATING (A-: VII or greater): A -:VIII
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? ❑ Yes ® No
D. LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E. ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
❑ Yes ®No
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L. NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/10/13-4/10/14
A. INSURANCE COMPANY: California Automobile Insurance Company
B. AM BEST RATING (A-: VII or greater) A+:XIII
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? [59 Yes ❑ No
D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? 1,000,000
E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?) N/A
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only): ® N/A ❑ Yes ❑ No
G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes Z No
H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 6/25/13-6/25/14
A.
INSURANCE COMPANY: Barrett Self -Insured Workers' Compensation Plan
B.
AM BEST RATING (A-: VII or greater):
C.
ADMITTED Company (Must be California Admitted):
❑ Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
5,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
0 Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
W. PROFESSIONAL LIABILITY
® N/A ❑ Yes ❑ No
V POLLUTION LIABILITY
® N/A ❑ Yes ❑ No
V BUILDERS RISK
mom 1�0Q
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
6 3/27/14
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval is needed for non -admitted status of general liability carrier. Approved by Sheri on
Approved:
Risk Management Date
* Subject to the terms of the contract.
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
2013-2014 STREETLIGHT IMPROVEMENT PROJECT
CONTRACT NO. 5495
INTRODUCTION
PART 1 ---GENERAL PROVISIONS
SECTION 2
SCOPE AND CONTROL OF THE WORK 1
2-6
WORK TO BE DONE 1
2-9
SURVEYING 1
2-9.6
Survey Monuments 1
SECTION 3
CHANGES IN WORK 2
3-3
EXTRA WORK 2
3-3.2
Payment 2
3-3.2.3
Markup 2
SECTION 4
CONTROL OF MATERIALS 2
4-1
MATERIALS AND WORKMANSHIP 2
4-1.3
Inspection Requirements 2
4-1.3.4
Inspection and Testing 2
SECTION 5
UTILITIES 3
5-1
LOCATION 3
5-2
PROTECTION 3
5-7
ADJUSTMENTS TO GRADE 3
5-8
SALVAGED MATERIALS 3
SECTION 6
PROSECUTION, PROGRESS AND ACCEPTANCE
OF THE WORK 3
6-1
CONSTRUCTION SCHEDULE AND
COMMENCEMENT OF THE WORK 3
6-7
TIME OF COMPLETION 4
6-7.1
General 4
6-7.2
Working Days
6-7.4
Working Hours
6-9
LIQUIDATED DAMAGES
SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR
7-8
PROJECT SITE MAINTENANCE
7-8.5.1
Steel Plates
7-8.6
Water Pollution Control
7-8.6.1
Best Management Practices and Monitoring Program
7-10
PUBLIC CONVENIENCE AND SAFETY
7-10.1
Traffic and Access
7-10.2
Storage of Equipment and Materials in Public Streets
7-10.3
Street Closures, Detours and Barricades
7-10.4
Safety
7-10.4.1
Safety Orders
7-10.5
"No Parking" Signs
7-10.7
Notices to Residents and Businesses
7-15 CONTRACTOR LICENSES
7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS
SECTION 9 MEASUREMENT AND PAYMENT
9-3 PAYMENT
9-3.1 General
PART 2 ---CONSTRUCTION MATERIALS
5
0
SECTION 201
CONCRETE, MORTAR AND RELATED MATERIALS
18
201-1
PORTLAND CEMENT CONCRETE
18
201-1.1.2
Concrete Specified By Class
18
201-2
REINFORCEMENT FOR CONCRETE
18
201-2.2.1
Reinforcing Steel
18
SECTION 209
ELECTRICAL COMPONENTS
18
209-2
MATERIALS
18
209-2.1
Electroliers
18
209-2.2
Anchor Bolts
18
209-2.3
Conduit
19
209-2.4 Wire 19
209-2.9 Photocells 19
PART 3 ---CONSTRUCTION METHODS
SECTION 300
EARTHWORK
20
300-1
CLEARING AND GRUBBING
20
300-1.3
Removal and Disposal of Materials
20
300-1.3.1
General
20
300-1.3.2
Requirements
20
300-1.5
Solid Waste Diversion
20
SECTION 303
CONCRETE AND MASONRY CONSTRUCTION
21
303-5
CONCRETE CURBS, WALKS, GUTTERS, CROSS
GUTTERS, ALLEY INTERSECTIONS, ACCESS
RAMPS AND DRIVEWAYS
21
303-5.1
Requirements
21
303-5.1.1
General
21
303-5.5
Finishing
21
303-5.5.1
General
21
SECTION 308
LANDSCAPE AND IRRIGATION INSTALLATTION
21
308-1
GENERAL
21
SECTION 310
PAINTING
23
310-5.3
Painting Galvanized Surfaces
23
310-5.7
Painting Anti -Graffiti Coasting
23
SECTION 400
1
ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE
PORTLAND CEMENT CONCRETE AND UNTREATED
BASE MATERIAL 24
400-2 UNTREATED BASE MATERIALS 24
400-2.1 General 24
400-2.1.1 Requirements 24
0JUIROAT&RIAMBIRV-11M kill
SPECIAL PROVISIONS
FY 2013-2014 STREETLIGHT IMPROVEMENT PROJEC i
SP 1 OF 24
CONTRACT NO. C-5495
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. E -5072-S); (3) the City's
Standard Special Provisions (2004 Edition), including Supplements; (4) Standard
Specifications for Public Works Construction (2009 Edition), including Supplements;
and 5) Caltrans Standard Specifications (Latest Edition). Copies of the Standard
Special Provisions may be purchased at the Public Works Department. Copies of the
Standard Specifications may be purchased from Building News, Inc., 1612 South
Clementine Street, Anaheim, CA 92802, 714-517-0970.
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART
GENERAL PROVISIONS
SECTION 2 --SCOPE AND CONTROL OF THE WORK
2-6 WORK TO BE DONE Add to this section, 'The work necessary for the completion
of this contract consists of mobilization, traffic control, distributing construction
notifications, concrete improvements, installing, removing and relocating street lighting
facilities, furnishing 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
Engineer to walk the project to review the survey monuments. The Contractor shall
protect all survey monuments during construction operations. in the event that existing
survey monuments are removed or otherwise disturbed during the course of work, the
Contractor shall restore the affected survey monuments at his sole expense. The
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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
i<1X11111W14ii 7\1d167.1:/
3-3.2 Payment
3-3.2.3 Markup. Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1)
Labor ............................................
15
2)
Materials .......................................
15
3)
Equipment Rental ...........................
15
4)
Other Items and Expenditures ...........
15
To the sum of the costs and markups provided for in this subsection, 1 percent shall
be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied
to the Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent on
work added in excess of $5,000 of the subcontracted portion of the extra work may
be added by the Contractor.
SECTION 4 ---CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.4 Inspection and Testing. All material and articles furnished by the
Contractor shall be subject to rigid inspection, and no material or article shall be used in
the work until it has been inspected and accepted by the Engineer. The Contractor
shall furnish the Engineer full information as to the progress of the work in its various
parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's
readiness for inspection. Submittals are required for all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Specifications and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
SP 3 OF 24
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
SECTION 5 ---UTILITIES
5-1 LOCATION. Add the following after the 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 b�
the Engineer. Salvaged materials shall be delivered to Utilities Yard at 949 West 16
Street. The Contractor shall make arrangements for the delivery of salvaged materials
by contacting the 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. The 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
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additional work until the Contractor has exerted extra effort to meet the original
schedule and has demonstrated the ability to maintain the approved schedule in the
future. Such stoppages of work shall in no way relieve the Contractor from the overall
time of completion requirement, nor shall it be construed as the basis for payment of
extra work because additional personnel and equipment were required on the job."
6-7 TIME OF COMPLETION
6-7.1 General. Add to this section: "The Contractor shall complete all work
under the Contract within 75 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 16t
(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 31st
falls on a Sunday, the following Monday is a holiday. If January 1st, July 4th, November
11th December 2e 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,
6-7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30
p.m., Monday through Friday. All work requiring the closure of vehicular travel lane(s)
along a major roadway, as determined by the Engineer, shall take place between 9:00
a.m. and 3:00 p.m. only.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., before or after the normal working hours
prescribed above.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working
during any of these hours must be made at least 72 hours in advance of the desired
time period. A separate request must be made for each work shift. The Engineer
reserves the right to deny any or all such requests. Additionally, the Contractor shall
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pay for supplemental inspection costs of $216.00 per hour when such time periods are
approved.
6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive
calendar day after the time specified in Section 6-7-1 for completion of the work, the
Contractor shall pay to the City or have withheld from moneys due it, the daily sum of
$500.00.
Revise paragraph two, sentence one, to read: "Execution of the Contract shall
constitute agreement by the Agency and Contractor that $500.00 per day is the
minimum value of the costs and actual damage caused by the failure of the Contractor
to complete the Work within the allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations."
SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR
7-8 PROJECT SITE MAINTENANCE
7-8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching
shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized
on heavily traveled roadways, as determined by the Engineer, shall be pinned and
recessed flush with existing pavement surface."
7-8.6 Water Pollution Control. Add to this section, "Surface runoff water,
including all water used during saw cutting operations, containing mud, silt or other
deleterious material due to the construction of this project shall be treated by filtration or
retention in settling basin(s) sufficient to prevent such material from migrating into any
catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also
comply with the Construction Runoff Guidance Manual which is available for review at
the Public Works Department or can be found on the City's website at
http://Www.newportbeachea.gov/publicworks."
7-8.6.1 Best Management Practices and Monitoring Program. The Contractor
shall submit a Best Management Practice (BMP) plan for containing any wastewater or
storm water runoff from the project site including, but not limited to the following:
a. Not placing construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
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f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City of Newport
Beach will monitor the adjacent storm drains and streets for compliance. Failure of the
Contractor to follow BMP will result in immediate cleanup by City and back -charging the
Contractor for all costs plus 15 percent. The Contractor may also receive a separate
Administrative Citation per Section 14.36.030A23 of the City's Municipal Code.
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide
traffic control and access in accordance with Section 7-10 of the Standard
Specifications and the Work Area Traffic Control Handbook (W.A.T.C.H.), latest edition,
also published by Building News, Inc.
Pedestrian access to all storefronts, offices, residences, etc., within the limits of work
must be maintained at all times. The Contractor shall cooperate with the Engineer to
provide advance notice to any and all establishments whose access will be impacted by
construction operations, particularly sidewalk construction. The Contractor shall furnish
and install signage, barricades, delineators, yellow safety ribbon, and any other
measures deemed necessary by the Engineer to safely direct the public around areas
of construction, and into (and out of) the affected establishments. Such measures shall
be shown on the Detailed Traffic Control Plans (see Section 7-10.3)."
7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add the following: "Construction materials and equipment may only be
stored in City right-of-way or property if approved by the Engineer. It is the
Contractor's responsibility to obtain an area for the storage of equipment and
materials. The Contractor shall obtain the Engineers 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:
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1. A traffic control plan is required for work along and affecting Irvine Avenue
and shall be signed by a registered Traffic Engineer.
2. Emergency vehicle access shall be maintained at all times.
3. All advanced warning sign installations shall be reflectorized and/or lighted.
4. 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."
5. 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.
6. 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.
7. 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
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City of Newport Beach "Temporary Tow -Away, No Parking" signs, which are
available at the Public Works Department public counter.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the
completed sign shall be reviewed and approved by the Engineer prior to posting.
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. The
Contractor shall have maintained a contractor's license for at least five years and
completed, at a minimum, three streetlight series conversion projects. Projects and
contacts shall be listed in the Technical Ability and Experience Reference sheet. 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).
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The "As -Built" Mylar plans and CD shall be submitted and approved by the Engineer
prior to final payment or release of any bonds.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
SECTION 9 ---MEASUREMENT AND PAYMENT
9-3 PAYMENT
9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid
for each item of work shown on the proposal shall include full compensation for
furnishing the labor, materials, tools, and equipment and doing all the work, including
restoring all existing improvements, to complete the item of work in place and no other
compensation will be allowed thereafter. Payment for incidental items of work not
separately listed shall be included in the prices shown for the other related items of
work. The following items of work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization 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). A traffic control plan is
required for work along and affecting Irvine Avenue and shall be signed by a registered
Traffic Engineer. 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 and Install New Type 11 (31'-3") Standard (Ameron Cat. No. 6 -B1-
31 -F8) and GE 130 watt, 10,300 lumen (#ERS2-3-HX-CX-5-40-4-GRAY), 240 volt LED
luminaire: Work under this item shall include, but not limited to, the cost of all labor,
equipment and materials for removing existing street light standard and installing new
street light standard on existing foundation, as shown on plan or as directed by the
SP 10 OF 24
Engineer; re -grouting; sawcutting; removing and disposing existing pavement section to
accommodate improvements; furnishing and installing new GE 130 watt, 10,300 lumen,
240 volt LED luminaire with shorting cap; furnishing and installing double fuse holder
with 5 amp fuses (Tron #HEX -AA) in adjacent pull box as per Detail `C' as noted on the
plans; backfilling, compacting, restoring surface (full panels) to match adjacent area
including landscaping and irrigation systems; disposing of excess excavated materials;
installing pole number tag as directed by the Engineer; furnishing and installing sign(s)
as directed by the Engineer; and all other items to complete work in place.
Item No. 4 Replace and Install New Type 11 (26'-3") Standard (Ameron Cat. No. 4-131-
31-F8) and GE 54 watt, 4,000 lumen (#ERS1-3-BX-EX-5-40-4-GRAY), 240 volt LED
luminaire: Work under this item shall include, but not limited to, the cost of all labor,
equipment and materials for removing existing street light standard and installing new
street light standard on existing foundation, as shown on plan or as directed by the
Engineer; re -grouting; sawcutting; removing and disposing existing pavement section to
accommodate improvements; furnishing and installing new GE 54 watt, 4,000 lumen,
240 volt LED luminaire with shorting cap; furnishing and installing double fuse holder
with 5 amp fuses (Tron #HEX -AA) in adjacent pull box as per Detail 'C' as noted on the
plans; backfilling, compacting, restoring surface (full panels) to match adjacent area
including landscaping and irrigation systems; disposing of excess excavated materials;
installing pole number tag as directed by the Engineer; furnishing and installing sign(s)
as directed by the Engineer; and all other items to complete work in place.
Item No. 5 Replace and Install New Type 111 (12'-3") Standard (Ameron Cat. No. 7-
132-12p) and GE 86 watt, 4,630 lumen (#EPTC-3-B3-41-P-L-4-A-GRAY), 240 volt LED
luminaire: Work under this item shall include,, but not limited to, the cost of all labor,
equipment and materials for removing existing street light standard and installing new
street light standard on existing foundation, as shown on plan or as directed by the
Engineer; re -grouting; sawcutting; removing and disposing existing pavement section to
accommodate improvements; furnishing and installing new GE 86 watt, 4,630 lumen,
240 volt LED luminaire with shorting cap; furnishing and installing double fuse holder
with 5 amp fuses (Tron #HEX -AA) in adjacent pull box as per Detail `C' as noted on the
plans; backfilling, compacting, restoring surface (full panels) to match adjacent area
including landscaping and irrigation systems; disposing of excess excavated materials;
installing pole number tag as directed by the Engineer; furnishing and installing sign(s)
as directed by the Engineer; and all other items to complete work in place.
Item No. 6 Replace Existing Luminaire on Existing Streetlight Standard with New GE
130 watt, 10,300 lumen (#ERS2-3-HX-CX-5-40-4-GRAY), 240 volt LED luminaire: Work
under this item shall include, but not limited to, the cost of all labor, equipment and
materials for removing, salvaging and delivering, or disposing the existing luminaire;
furnishing and installing new GE 130 watt, 10,300 lumen, 240 volt LED luminaire with
shorting cap on existing street light standard; furnishing and installing double fuse
holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box per Detail 'C' as noted on
the plans; and all other items to complete work in place.
SP 11 OF 24
Item No. 7 Replace Existing Luminaire on Existing Streetlight Standard with New GE
54 watt, 4,000 lumen (#ERS1-3-BX-EX-5-40-4-GRAY), 240 volt LED luminaire: Work
under this item shall include, but not limited to, the cost of all labor, equipment and
materials for removing, salvaging and delivering, or disposing the existing luminaire;
furnishing and installing new GE 54 watt, 4,000 lumen, 240 volt LED luminaire with
shorting cap on existing street light standard; furnishing and installing double fuse
holder with 5 amp fuses (iron #HEX -AA) in adjacent pull box per Detail `C' as noted on
the plans; and all other items to complete work in place.
Item No. 8 Replace Existing Luminaire on Existing Streetlight Standard with New GE
86 watt, 4,630 lumen (#EPTC-3-B3-41-P-L-4-A-GRAY), 240 volt LED luminaire: Work
under this item shall include, but not limited to, the cost of all labor, equipment and
materials for removing, salvaging and delivering, or disposing the existing luminaire;
furnishing and installing new GE 86 watt, 4,630 lumen, 240 volt LED luminaire with
shorting cap on existing street light standard; furnishing and installing double fuse
holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box per Detail 'C' as noted on
the plans; and all other items to complete work in place.
Item No. 9 Rotate luminaire and Mast Arm on top of Standard to orient over street:
Work under this item shall include, but not limited to, the cost of all labor, equipment
and materials for remounting existing mast arm and luminaire and all other work items
to complete work in place.
Item No. 10 Rotate Existing Streetlight Standard: Work under this item shall include,
but not limited to, the cost of all labor, equipment and materials for rotating existing
street light standard; resetting on existing foundation to grade; remounting existing mast
arm, luminaire, and signage to match existing orientation; re -grouting; restoring surface
(full panels) to match adjacent area including irrigation systems; disposing of excess
excavated materials; and all other work items to complete work in place. The degree of
rotation shall be 1800 or as directed by the Engineer during construction.
Item No. 11 Clean and Paint Existing Mast Arm: Work under this item shall include,
but not limited to, the cost of all labor, equipment and materials for cleaning, priming,
and painting existing streetlight mast arm as directed and/or approved by the Engineer;
and all other items to complete work in place.
Item No. 12 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 landscaping and irrigation systems; disposing
of excess excavated materials; and all other work items to complete work in place.
Item No. 13 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 #3Y2 F pull box, or as
directed by the Engineer, concrete pull box per Detail `B' as noted on the plans;
SP 12 OF 24
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 landscaping and
irrigation systems; disposing of excess excavated materials; and all other items to
complete work in place.
Item No. 14 Furnish and Install New #3-1l2 F Concrete Pull Box: Work under this item
shall include, but not limited to, the cost of all labor, equipment and materials for
furnishing and installing #3%z F concrete pull box, or as directed by the Engineer, per
Detail `B' and Detail 'C' as noted on the plans; installing minimum 24" of additional
wiring and coil (pigtail) within pull box; removing pavement; backfilling, compacting,
restoring surface (full panels) to match adjacent area including landscaping and
irrigation systems; disposing of excess excavated materials; and all other items to
complete work in place.
Item No. 15 Furnish and Install New Single -Meter Type III -BF Service Cabinet: Work
under this item shall include, but not limited to, the cost of all labor, equipment and
materials for furnishing, constructing, installing new single -meter stainless steel Type
III -BF Myers service cabinet as directed by the Engineer, base/foundation, and
electrical components per CNB STD -206-L; installing 3" PVC conduit with pullrope from
service cabinet to adjacent SCE service point as required by SCE; coordinating with the
Engineer and SCE for service connection and core drilling; connecting conductors and
wiring; providing new Type V photoelectric cell and 60 amp contactors and 2-2P 20
amp breakers for the required circuits; labeling circuits per NEC; installing twist -lock
photo electric cell with shield facing away from traffic within cabinet; removing
pavement, excavating, backfilling, compacting, disposing of .excess excavated
materials, restoring surface (full panels) to match adjacent area including landscaping
and irrigation systems as directed by the Engineer, temporary patching or plating,
controlling ground and surface water, and all other items to complete work in place.
Item No. 16 Modify Existing Type III -BF Service Cabinet: Work under this item shall
include, but not limited to, the cost of all labor, equipment and materials for modifying
the existing Type III -BF service cabinet to provide new 60 amp contactors and 2-2P 20
amp breakers for the required circuits; coordinating with the Engineer and SCE;
connecting conductors and wiring; labeling circuits per NEC; installing twist -lock photo
electric cell with shield facing away from traffic within cabinet; and all other items to
complete work in place.
Item No. 17 Furnish and Install New 1" PVC Conduit with 248 Insulated Conductors
and 148 bare conductor: Work under this item shall include, but not limited to, the cost
of all labor, equipment and materials for excavating, backfilling, furnishing and installing
new 1" PVC conduit with 248 insulated conductors, 1#8 bare conductor, and
appurtenances to make required connections from adjacent pull box to street light
standard; and all other items to complete work in place. Existing foundations to be
reused shall have entire grout cap removed and foundation chipped or core drilled for
new 1" PVC conduit from adjacent pull box to pole base as directed by the Engineer.
SP 13 OF 24
Backfill with concrete cement, install new grout cap, and restoring surface (full panels)
to match adjacent area including landscaping and irrigation systems as directed by the
Engineer. Conduit ends shall be sealed with ductseal or approved equal.
Item No. 18 Furnish and Install New 1-1/4" PVC Conduit with 248 Insulated
Conductors and 148 Bare Conductor: Work under this item shall include, but not
limited to, the cost of all labor, equipment and materials for excavating, backfilling,
furnishing and installing new 1-1/4" PVC conduit with 248 insulated conductors, 148
bare conductor, and appurtenances to make required connections, wiring, and all other
items to complete work in place. Conduit ends shall be sealed with ductseal or
approved equal. Conduit shall be installed under sidewalk/parkwaylstreet or as directed
by the Engineer.
Item No.19 Furnish and Install New 1-1/4" PVC Conduit with 448 Insulated
Conductors and 148 Bare Conductor: Work under this item shall include, but not
limited to, the cost of all labor, equipment and materials for excavating, backfilling,
furnishing and installing new 1-1/4" PVC conduit with 448 insulated conductors, 148
bare conductor, and appurtenances to make required connections, wiring, and all other
items to complete work in place. Conduit ends shall be sealed with ductseal or
approved equal. Conduit shall be installed under sidewalk/parkway/street or as directed
by the Engineer.
Item No.20 Furnish and Install New 2" PVC Conduit with 848 Insulated Conductors
and 148 Bare Conductor: Work under this item shall include, but not limited to, the
cost of all labor, equipment and materials for excavating, backfilling, furnishing and
installing new 2" PVC conduit with 848 insulated conductors, 148 bare conductor, and
appurtenances to make required connections, wiring, and all other items to complete
work in place. Conduit ends shall be sealed with ductseal or approved equal. Conduit
shall be installed under sidewalk/parkway/street or as directed by the Engineer.
Item No.21 Furnish and Install New 248 Insulated Conductors and 148 Bare
Conductor: 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 248
insulated conductors, 148 bare conductor, and appurtenances in existing conduit;
removing, salvaging, and/or disposing existing wiring; and all other items to complete
work in place. Conduit ends shall be re -sealed with ductseal or approved equal.
Item No.22 Furnish and Install New 448 Insulated Conductors and 148 Bare
Conductor: 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 448
insulated conductors, 148 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.23 Furnish and Install New 848 Insulated Conductors and 148 Bare
Conductor: Work under this item shall include, but not limited to, the cost of all labor,
SP 14 OF 24
equipment and materials for excavating, backfilling, furnishing and installing new 848
insulated conductors, 148 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.24 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 conduit with new
appropriate -sized conduit and fittings, backfilling, compacting, and restoring surface (full
panels) to match adjacent area including landscaping and irrigation systems, and all
other work items to complete work in place.
Item No.25 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.26 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.27 Trim Brush and/or Tree: Work under this item shall include, but not
limited to, the cost of all labor, equipment and materials for trimming/removing existing
brush and/or trees as directed by the Engineer; disposing of materials; and all other
items to complete work in place. This item may be removed or reduced in the contract
at the City's discretion and no compensation shall be made for bid items removed or
reduced.
Item No.28 Construct Retaining Wall: Work under this item shall include, but not
limited to, the cost of all labor, equipment and materials for constructing new concrete
block retaining wall per Detail `E' as noted on Sheet 14; 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.29 Relocate Existing Type 11 Streetlight Standard Onto New Foundation 12"
Above Grade: Work under this item shall include, but not limited to, the cost of all labor,
equipment and materials for removing existing foundation; relocating existing street light
SP 15 OF 24
standard; installing on new foundation 12" above grade; re -grouting; restoring surface
(full panels) to match adjacent area including landscaping and irrigation systems;
disposing of excess excavated materials; and all other work items to complete work in
place.
Item No.30 Relocate Existing Type II Streetlight Standard Onto New Foundation:
Work under this item shall include, but not limited to, the cost of all labor, equipment
and materials for removing existing foundation; relocating existing street light standard;
installing on new foundation; re -grouting; restoring surface (full panels) to match
adjacent area including landscaping and irrigation systems; disposing of excess
excavated materials; and all other work items to complete work in place.
Item No.31 Furnish and Install New 1-1/4" PVC Conduit with 448, 2#10 Insulated
Conductors and 148 Bare Conductor: Work under this item shall include, but not
limited to, the cost of all labor, equipment and materials for excavating, backfilling,
furnishing and installing new 1-1/4" PVC conduit with 448, 2#10 insulated conductors,
148 bare conductor, and appurtenances to make required connections, wiring, and all
other items to complete work in place. Conduit ends shall be sealed with ductseal or
approved equal. Conduit shall be installed under sidewalk/parkway/street or as directed
by the Engineer.
Item No.32 Furnish and Install New 2410 Insulated Conductors and 148 Bare
Conductor: 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 248
insulated conductors, 148 bare conductor, and appurtenances in existing conduit for
existing flashing beacon assembly; 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.33 Remove and Salvage Existing Flashing Beacon 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 flashing beacon
service disconnect, conduit, electrical components, appurtenances, and unused
equipment on existing pole; furnishing and installing new 2410 insulated conductors, 1-
#8 bare conductor, and appurtenances in existing pole; connect wiring to flashing
beacon assembly; 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 landscaping
and 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.34 Existing Series Service Disconnect To Remain: Work under this item shall
include, but not limited to, the cost of all labor, equipment and materials for modifying
existing series service disconnect, electrical components, and appurtenances; remove
series Circuit SLD0075; maintaining existing series circuit(s); removing pavement
SP 16 OF 24
foundation, excavating, backfilling, compacting, disposing of excess excavated
materials, restoring surface (full panels) to match adjacent area including landscaping
and 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. 35 Furnish and Install New #5 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 #5 F concrete pull box, or as directed by the Engineer, per
Detail 'C' and Detail 'E' 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 landscaping and
irrigation systems; disposing of excess excavated materials; and all other items to
complete work in place.
Item No.36 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.37 Provide As -Built Drawings: Work under this item shall include, but not
limited to, the cost of all labor, equipment, and material for marking up Contract
drawings with as -built conditions and all actions necessary to provide as -built drawings.
These drawings must be kept up to date and submitted to the Engineer for review prior
to payment request.
ALTERNATE BID ITEMS
Item No. Al Furnish and Install New Type II (31'-3") Standard (Ameron Cat. No. 6-131-
31-F8) and GE 130 watt, 10,300 lumen (#ERS2-3-HX-CX-5-40-4-GRAY), 240 volt LED
luminaire: Work under this item shall include, but not limited to, the cost of all labor,
equipment and materials for installing new street light standard as shown on plan or as
directed by the Engineer; sawcutting; excavating; removing and disposing existing
pavement section to accommodate improvements; constructing new foundation per
Detail 'D' as noted on the plans; furnishing and installing new GE 130 watt, 10,300
lumen, 240 volt LED luminaire with shorting cap and house -side shield; furnishing and
installing #3'/z F concrete pull box, or as directed by the Engineer, per Detail 'B' and
Detail 'C' as noted on the plans; installing minimum 24" of additional wiring and coil
(pigtail) within pull box; furnishing and. installing double fuse holder with 5 amp fuses
(iron #HEX -AA) in adjacent pull box as per Detail 'C' as noted on the plans; furnishing
and installing new 1" PVC conduit with 248 insulated conductors, 1#8 bare conductor,
and appurtenances to make required connections from pull box to street light standard;
furnishing and installing new 1-1/4" PVC conduit with 248 insulated conductors, 148
bare conductor, and appurtenances to make required connections; wiring; backfilling,
compacting, restoring surface (full panels) to match adjacent area including landscaping
and irrigation systems; disposing of excess excavated materials; installing pole number
SP 17 OF 24
tag as directed by the Engineer; furnishing and installing sign(s) as directed by the
Engineer; and all other items to complete work in place. Conduit ends shall be sealed
with ductseal or approved equal. Conduit shall be installed under
sidewalk/parkway/street or as directed by the Engineer.
Item No. A2 Furnish and Install New Type 11 (26'-3") Standard (Ameron Cat. No. 4-81-
31-F8) and GE 54 watt, 4,000 lumen (#ERS1-3-BX-EX-5-40-4-GRAY), 240 volt LED
luminaire: Work under this item shall include, but not limited to, the cost of all labor,
equipment and materials for installing new street light standard as shown on plan or as
directed by the Engineer; sawcutting; excavating; removing and disposing existing
pavement section to accommodate improvements; constructing new foundation per
Detail 'D' as noted on the plans; furnishing and installing new GE 54 watt, 4,000 lumen,
240 volt LED luminaire with shorting cap; furnishing and installing #3'Y2 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; furnishing
and installing double fuse holder with 5 amp fuses (Tron #HEX -AA) in adjacent pull box
as per Detail 'C' as noted on the plans; furnishing and installing new 1" PVC conduit
with 248 insulated conductors, 1#8 bare conductor, and appurtenances to make
required connections from pull box to street light standard; furnishing and installing new
1-1/4" PVC conduit with 248 insulated conductors, 148 bare conductor, and
appurtenances to make required connections; wiring; backfilling, compacting, restoring
surface (full panels) to match adjacent area including landscaping and irrigation
systems; disposing of excess excavated materials; installing pole number tag as
directed by the Engineer; furnishing and installing sign(s) as directed by the Engineer;
and all other items to complete work in place. Conduit ends shall be sealed with
ductseal or approved equal. Conduit shall be installed under sidewalk/parkway/street or
as directed by the Engineer.
SP 18 OF 24
PART 2
CONSTRUCTION MATERIALS
SECTION 201 --- CONCRETE MORTAR AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement
concrete for construction shall be Class 560-C-3250."
201-2 REINFORCEMENT FOR CONCRETE
201-2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be
Epoxy -coated Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover
unless shown otherwise on the plans."
SECTION 209 — ELECTRICAL COMPONENTS
209-2 MATERIALS
209-2.1 Electroliers. Street Light standards shall conform to the City of Newport
Beach Standard Special Provisions and Detail 'D', as noted on the plans.
Luminaire Mast Arms (LMA) for Type I & 11 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
LED Luminaires shall be:
GE Evolve LED Post Top
86 watt 4,630 Lumen, 240 volt, EPTC-3-B3-41-P-L-4-A-GRAY
GE Evolve LED Roadway
• 54 watt 4,000 Lumen, 240 volt, ERS1-3-BX-EX-5-40-4-GRAY
• 130 watt 10,300 Lumen, 240 volt, ERS2-3-HX-EX-5-40-4-GRAY
Contact: Pacific Lighting Sales, Pete Stevens (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.
SP 19 OF 24
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'h F or No. 5F 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.
SP 20 OF 24
PART 3
CONSTRUCTION METHODS
SECTION 300 ---EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials. Add to this Section: "Removal and
disposal of material shall be done by City approved Licensed and Franchised
Commercial Solid Waste Haulers. A current list of approved haulers can be provided
upon request or be found on the City's website at:
http://www.newportbeach.ca.gov/aeneralservices
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%2 inch" of the last
sentence with the words "two (2) inches".
300-1.5 Solid Waste Diversion. Non -reinforced clean concrete and asphalt
wastes generated from the job site shall be disposed of at a facility that crushes such
materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed
of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer on a form provided by the Engineer and provide
appropriate confirmation documentation from the recycling facility.
SP 21 OF 24
SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303-5.1 Requirements
303-5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be
opened to pedestrian access on the day following concrete placement. In addition, all
forms shall be removed, irrigation systems shall be repaired, and backfill or patchback
shall be placed within 72 hours following concrete placement. Newly poured P.C.C.
improvements subject to vehicle loads shall not be opened to vehicle traffic until the
concrete has cured to a minimum strength of 3,000 psi."
303-5.5 Finishing
303-5.5.1 General. Add to this section: "The Contractor shall patch back A.C.,
P.C.C., stamped concrete, pavers and brick within private or public property damaged
during construction in a manner that matches the adjoining areas in structural section,
texture and color."
SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION
308-1 General. Add to this section: "The Contractor is responsible for clearing and
grubbing, pruning and removing tree roots that interfere with the work. The Contractor
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.
SP 22 OF 24
The submittal shall adhere to the following guidelines.
1. Root Pruning
a. Whenever possible, root pruning shall only be done on one side of the tree
unless specifically authorized by the City's Urban Forester.
b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable
tool.
2. Arbitrary Root Cut
a. A straight cut with a root -cutting machine shall be made.
b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs,
and shall be made as far away from the tree base as possible.
3. Selective Root Pruning
a. This process involves selectively removing offending roots when a tree trunk or
root flare is less than 2 feet from the sidewalk and/or the size, species or
condition of the tree warrants a root cut to be hazardous to the tree or when
there is only one minor offending root to be removed and/or the damage is
minimal (i.e., only one panel uplifted, etc.).
b. Selective root pruning shall be performed with an ax or stump -grinding machine
instead of a root -pruning machine.
c. All tree roots that are within the sidewalk construction area shall be removed
or shaved down.
d. Roots greater than two inches in diameter that must be removed, must be
pre -approved by the City's Urban Forester.
e. Roots shall be selected for removal on the basis that will have the least impact
on the health and stability for the tree.
SP 23 OF 24
SECTION 310 --- PAINTING
310-5.3 Painting Galvanized Surfaces. Add to this section: Painting of street light
mast arms shall include the following:
• Krylon Rust Tough Prime Galvanizing Primer (aerosol). Product No. RTA9255
• Krylon Rust Tough Preventive Enamel (aerosol), Battleship Gray. Product No,
RTA9206
Paint shall be installed per manufacturer's recommendations.
310-5.7 Painting Anti -Graffiti Coating. Add to this section: Painting of anti -graffiti
coating shall include the following:
• Sure Klean Weather Seal Blok-Guard and Graffiti Control II — coating system for
graffiti protection (non -sacrificial).
Coating shall be installed per manufacturer's recommendations.
SP 24 OF 24
SECTION 400 ---ALTERNATE ROCK PRODUCTS ASPHALT CONCRETE
PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL
400-2 UNTREATED BASE MATERIALS
400-2.1 General
400-2.1.1 Requirements. Add to this section: "The Contractor shall use crushed
miscellaneous base as the base materials."
�P CiTY OF
NEWPORT BEACH
City Council Staff Report
March 25, 2014
Agenda Item No. 15.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeach.gov
PREPARED BY: Peter Tauscher, Associate Civil Engineer
PHONE: (949) 644-3316
TITLE: 2013-2014 Streetlight Improvement Project - Award of Contract No. 5495 (CAP13-
0021)
ABSTRACT:
In an on-going effort to rehabilitate the City's aging streetlight system, staff requests City
Council approval to award the 2013-2014 Streetlight Improvement Project to California
Professional Engineering, Inc. (CPE). This project includes replacement of 129 streetlights in
the Westcliff neighborhood with new LED light fixtures, increasing the reliability and energy
efficiency and decreasing future maintenance costs.
RECOMMENDATION:
a) Approve the project plans and specifications;
b) Award Contract No. 5495 to California Professional Engineering, Inc., for the total bid price,
including additive bid items, of $468,700.00 and authorize the Mayor and the City Clerk to
execute the contract; and
c) Establish a contingency of $47,300.00, approximately 10 percent, to cover the cost of
unforeseen work.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funds for this project.
Account Description Account Number Amount
General Fund 7013-C2201000 $516,000.00
Proposed uses are as follows:
Vendor Purpose Amount 397
California Professional
Engineering Inc. Construction Contract $ 468,700.00
California Professional
Engineering Inc.
DISCUSSION:
Construction Contingency
Total
$ 47,300.00
$ 516,000.00
At 10:00 a.m. on February 26, 2014, the City Clerk opened and read the following bids for the
2013-2014 Streetlight Improvement Project:
TOTAL
BIDDER
BID
AMOUNT
California
Low Professional
$462,900.00
Engineering,
Inc.
Unique
2 Performance
$483,745.00
Construction,
Inc.
International
3 Line
$536,918.50
Builders,
Inc.
Steiny
4 and
Company,$778,080.00
Inc.
5 R&H Industries dba Best Electric
$833,627.50"
* Not including additive bid item
* *As read amount $833,652.60
The low bidder, California Professional Engineering, Inc., possesses a California State
Contractors License Classification "A" as required by the project specifications. A check of
CPE's references indicates satisfactory completion of similar capital improvement projects in
other municipalities. CPE's total bid amount is approximately 17 percent below the Engineer's
Estimate of $557,000.00.
This project includes replacement of 129 existing streetlight fixtures with new energy efficient
LED fixtures and upgrading the existing series circuits to parallel circuits per the City's
Streetlight Replacement Master Plan. Due to the low bid pricing, staff recommends including
one additive bid item to the contract which will include installing one new light pole
equipped with a LED luminary providing increased light to the roadway surface. The cost for
the additive bid item is $5,800.00 and is within the allocated budget for this project. The
project area includes Irvine Avenue from north of Santiago Road to Tustin Avenue and a
portion of the Westcliff neighborhood. Although the primary purpose of the project is to replace
the ageing series street light circuits. It is anticipated that the installation of new LED
fixtures lowers both the on-going maintenance and energy cost resulting in a payback of
approximately eight years.
Pursuant to the contract specifications, the contractor will have 75 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.
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.
ATTACHMENTS:
Description
Location Map
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2013-2014 STREETLIGHT CITY OF NEWPORT BEACH
IMPROVEMENT PROJECT PUBLIC WORKS DEPARTMENT
LOCATION MAP C-5495 3/25/14400