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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 JP Q� P� �s"areiHc 5�P NF P LS, 5P NTSv V vvvvvvvvvv r.A, HEATHER SANE I FGFND CONSIMITTFUCTION S X 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 SP2OF24 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 SP4OF24 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 SP5OF24 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. SP6OF24 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: SP7OF24 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 SP8OF24 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). SP9OF24 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 399 JP �LANEHc 5�P �jjVF P, LANE \ \\ \ TL Q0 NTS A��` THEF ANE i� �qP yP I E(;END A \ A CONSMITBTION 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 3/25/14400