HomeMy WebLinkAboutC-5818(A) - 2014-2015 Streetlight Improvement ProjectMay 11, 2017
Elecnor Belco Electric, Inc.
Attn: John Wong, Vice President
4331 Schaefer Avenue
Chino, CA 91710
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-30051 949-644-3039FAx
Subject: 2014-2015 Streetlight Improvement Project — C -5818(A)
Dear Mr. Wong:
newportbeachca.gov
On May 10, 2016, 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 May 13,
2016 Reference No. 2016000215173. The Surety for the contract is Fidelity and
Deposit Company of Maryland and the bond number is PRF9172290. Enclosed is the
Faithful Performance Bond.
Sincerely','
�w
Leilani I. Brown,
City Clerk
Enclosure
r
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. PRF9172290
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , 5,234.38 . being at the
rate of $ 7.38/slide per thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Elecnor Beira, Electric, Inc. hereinafter designated as the "Principal,° a contract for 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 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 fumishing of a Bond for the faithful performance of the
Contract.
NOW, THEREFORE, we, the Principal, and Fidel y and Deposit company of Maryland
, 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
Nine Hundred Thirty Thousand' Dollars ( $930.484.00) 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
Page B-1
Four Hundred Eighty Four and 001100ths
event City is required to !ring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the Work to be performed
thereunder 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 executed by the
Principal and Surety above named, on the 26th day of January 20 15 .
Elecnor Belco Electric, Inc.
Name of Contractor (Principal)
Fidelity and Deposit Company of Maryland
Name of Surety
1400 American Lane, Schaumburg, IL 60196
Address of Surety
a47-605-6000
Telephone
Ain Lopez, Attorney -In -Fact
Print Name and Title
NOTARYACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
APPROVED nS � %, 1?02 d:
Page B-2
A notary, public or other officer completing this certificate verifies only the CALIFORNIA ALL—PURPOSE
identity of the individual who signed the document to which this certificate
Is attached, and notthetnrthfulness,accurac,, or validity of that document. CERTIFICATE OF
State of California ) ACKNOWLEDGMENT
Countyof San Bernardino )
On January 29, 2015 beforeme, Guadalupe L. Sandoval, Notary Public
(here insert name and tide of the officer)
personally appeared Glenn DeSoto
who proved to me on the basis of satisfactory evidence to be the persortff) whose name6) Ware subscribed to
the within instrument and acknowledged to me that(_Wshe/they executed the same in(E her/their
authorized capacity(, and that by&/her/their signature on the instrument the person or the entity
upon behalf of which the persono acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
i
1
Signature
D{yppALUPE L. SANODY11l.
COMM. tY2Di5515 a
Notary PfrMk: California o
r Saa Bantatdrlo CttWlty
4 MirCaren. Elq es_Mar. 26, 2017
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of City of Newport Beach
Bond No. PRF9172290 - Faithful Performance Bond
containing 1 pages, and dated January 26, 2015
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ AttornCorporate
Executive Vice President
❑ Corporate officer(s)
❑ Guardian/Conservatar
❑ Partner - Limaed/General
❑ Trustee(s)
❑ Other:
representing:
Name(s) of Person(s) or Emity(leB) 51goer Is Represaming
Proved to me on the basis of satisfactory evidence:
Lo lorm(s)of Identification Ocrediblewitness(es)
Notarial event is detailed in wtaryjournal on:
Page 9 Entry p
Notary contact:
Other
❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s)
El
0 Copyright 2007- 2014 Notary Rotary. Inc, PO Box 41400, Des Moines, IA 50311-0502 All Rights ReservM. Item Number 101772. Please contact your numorrzea neseiier-m purcnase copres or mniurm.
ACKNOWLEDGMENT
State of California
County of )Ss.
On 20_ before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(;) Ware
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/herAheir signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
State of Zaij%V aie Connecticut
County of Hartford }ss.
On January 26 2015 before me,
Danielle M, Bachand , Notary Public, personally appeared
Aiza Looez who
proved to me on the basis of satisfactory evidence to be the person(s) whose names) Ware
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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 _
Danielle M. Bechard
WITNESS hand and official seal. Notary Public•Connecticut
My Commission Expires
June 30, 9111F
SignaYy�Danielle/y I. Bechard (;eal)
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said
Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby
nominate, constitute, and appoint Jeannette PORRINI, Stacy RIVERA, Aiza LOPEZ, Elam V. SANCHEZ and Erin L. KIERNAN, all
of Hartford, Connecticut, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, sea] and deliver, for, and on its behalf
as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of
these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New
York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings
Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings
Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is awe copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 8th day of December, A.D. 2014.
ATTEST:
"l•
Secretary
Eric D. Barnes
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Vice President
Thomas O. McClellan
State of Maryland
County of Baltimore
On this 8th day of December, A.D. 2014, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS
O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and acknowledged the execution of same, and being by use duly swom, deposeth and saith, that
he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written
POA -F 142-0587E
,Nllmrgr
o
:�� �411r•:�P F:
//lll
111111
Maria D. Adamski, Notary Public
My Commission Expires: July 8, 2015
POA -F 142-0587E
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attomevs-in-Fac[. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a.
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 26th day of Jmuary , 2Q- 1-5.
s�! 86AE}
tae B
9 ; ua�
Gerald F. Haley, Vice President
July 18, 2016
Elecnor Belco Electric, Inc.
Atkin: John Wong, Vice President
4331 Schaefer Avenue
Chino, CA 91710
Subject: 2014-2015 Streetlight Improvement Project- C -5818(A)
Dear Mr. Wong:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1949-644-3039 FAx
newportbeachca.gov
On May 10, 2016, 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
May 13, 2016, Reference No. 2016000215173. The Surety for the bond is Fidelity and
Deposit Company of Maryland and the bond number is PRF9172290. Enclosed is the
Labor & Materials Payment Bond.
Sincerel ,
L ilani I. Brown, MMC
City Clerk
Enclosure
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. PiRF9172290
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Elecnor Beim Electric. Inc. hereinafter designated as the "Principal," a contract for 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 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 perfonnance 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,
Fidelity and Deposit Company of Maryland 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
Nine Hundred Thirty Thousand ` Dollars ( $930,4&4.00 ) 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
Page A-1
`Four Hundred Eighty Four and 001100ths
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.
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 26th day of January , 2015
Elecnor Belco Electric, Inc.
Name of Contractor (Principal)
Fidelity and Deposit Company of Maryland
Name of Surety
1400 American Lane, Schaumburg, IL 60196
Address of Surety
847-605-6000
Telephone
Alm Lopez Attorney -In -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST SE ATTACHED
t�asidznt
Page A-2
Anotarypublicorotherofficercompletingthisc'e'"cateserfiesonlythe CALIFORNIA ALL-PURPOSE
identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document.
CERTIFICATE OF -
State of California ) ACKNOWLEDGMENT
County of San Bernardino )
On January 29, 2015 before me, Guadalupe L. Sandoval, Notary Public
(here insert name and title or the officer)
personally appeared Glenn DeSoto
3
who proved to me on the basis of satisfactory evidence to be the person(4 whose nameliftare subscribed to
the within instrument and acknowledged to me that &fshe/they executed the same in tl her/their
authorized capacity(4, and thatIsby er/their signature(yf on the instrument the person(b), or the entity
upon behalf of which the person(4 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.
GUADALUPE L. SA"OVA'
WITNESS my hand and official s al. o COMM. ft2015515 n
Notary Pudic • Califomia o
i San Bernnrdirlo County
Camm. Ez ' Alar. 26, 2017
Signature
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this _
acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification —
titled/far the purpose of
City of Newport Beach Proved to me on the basis of satisfactory evidence:
- - LQ forms) of identification Q credible witnesses)
Bond No. PRF9172290 - L & M Payment Bond
--- Notarial event is detailed in notaryjournal on:
containing 1 pages, and dated January 26, 2015 Page # entry#
The signer(s) capacity or authority is/are as: Notary contact:
❑ Individual(s) Other
❑ Attorney -in -Fact Executive Vice President
❑ Additional signer(s) L] Sig ner(s) Thumbprim(s)
❑ Corporate Officer(s) -
1tion) ❑
y
❑ Guardian/Conservator -
❑ Partner- Limited/General -
❑ Trustee(s)
❑ Other:
representing: ___
Names) of Pers.nis) or Entitypes) signer Is Representing
s
0 Copyright 2007-2014 Notary Ro[ary,Inc. PO B.,, 41400, Des Moines. IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
ACKNOWLEDGMENT
State of California
County of ) ss.
On 20 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/hertthelr signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
State of QXlI fOCLrla; Connecticut
County of Hartford } ss.
(seal)
On January 26 20 15 before me,
Danielle M. Bechard Notary Public, personally appeared
A'oa LODez who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ignatur Danielle M. Be and
(seal)
Donlelle M. Bechord
Notory Public -Connecticut
My Commission Expires
June 30, 2015
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said
Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby
nominate, constitute, and appoint Jeannette PORRINI, Stacy RIVERA, Aiza LOPEZ, Elana V. SANCHEZ and Erin L. KIERNAN, all
of Hartford, Connecticut, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf
as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of
these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New
York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings
Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings
Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 8th day of December, A.D. 2014.
ATTEST:
'2).
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
7 ItM � s2 .Qi
Secretary Vice President
Eric D. Barnes Thomas O. McClellan
State of Maryland
County of Baltimore
On this 8th day of December, A.D. 2014, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS
O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that
he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
...I E'
Maria D. Adamski, Notary Public
My Commission Expires: July 8, 2015
POA -F 142-0587E
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: 'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 26thday of January , 20 15 ,
NfWkl�s
b a mi wr O
' 88AL 7ER
Gerald F. Haley, Vice President
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
600 Red Brook Blvd., Suite 600, Owings Mills, MD 21117
Statement of Financial Condition
As Of December 31, 2013
ASSETS
Bonds...............................................................................................................................................
$ 139,272,722
Stocks..............................................................................................................................................
22,258,887
Cash and Short Tenn Investments...................................................................................................
6,595,113
ReinsuranceRecoverable................................................................................................................
17,970,134
Other Accounts Receivable.............................................................................................................
33,409,916
TOTAL ADMITTED AssETs.........................................................................................................$
219,506,772
LL4BILITIES, SURPLUS AND OTHER FUNDS
Reserve for Taxes and Expenses.....................................................................................................
$ 1,787,480
Ceded Reinsurance Premiums Payable............................................................................................
42,146,005
Securities Lending Collateral Liability............................................................................................
6,613,750
TOTALLLIBILITIES....................................................................................................................$
50,547,235
Capital Stock, Paid Up. .... ................................................................................... $ 5,000,000
Surplus................................................................................................................. 163,959,537
Surplus as regards Policyholders.....................................................................................................
168,959,537
TOTAL........................................................................................................................................
$ 219506,772
Securities carried at $58,378,690 in the above statement are deposited with various states as required by law.
Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of
market quotations for all bonds and stocks owned, the Company s total admitted assets at December 31, 2013 would
be $223,222,696 and surplus as regards policyholders $172,675,461.
1, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby
certify that the foregoing statement is a correct exhibit o e assets and liabilities of the said Company on the 31st
day of December, 2013.
t
Corp Secretary
State ofIllinois
City of Schaumburg I SS:
Subscribed and sworn to, before me, a Notary Public ofthe State of Illinois, in die City of Schaumburg, this ISIh day of Mardi, 2014.
NotaryPubfic
L
FFICIAL SEAL
ARRYL JOINER
ublic - State of Illincls
sion Expires May 3, 2014
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
NO FEE
IIIIII$IIIIIIII��III0I3IIIIIII��IIIIIIIIII2I��IIII�I$IIIII�I
201600021517311:26 am 05113116
276 414 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and Elecnor Belco Electric Inc..,Chino, CA,
as Contractor, entered into a Contract on February 11, 2015. Said Contract set forth
certain improvements, as follows:
2014-2015 Streetlight Improvement Project C-5818
Work on said Contract was completed, and was found to be acceptable on
May 10, 2016 by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is Fidelity and Deposit Company of Maryland.
LI--'
77
t._ BY
LI_ Pu lic orks Director
�l` > City of Newport Beach
L! ;
cc
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on
M
City Clerk
at Newport Beach, California.
CITY CLERK'S OFFICE
01t,;, u �P Leilani Brown., MMC
May 11, 2016
Orange County Recorder
P.O. Box 238
Santa Ana, CA 92702
RE: Notice of Completion for the following project:
2014-2015 Streetlight Improvement Project - Contract No. 5818
Please record the enclosed document and return to the City Clerk's Office.
Thank you.
Sincere) ,
Leilani I. Brown, MC
City Clerk
Enclosure
100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658--8915
Telephone: (949) 644-3005 • Fax: (949) f344-3039 9 www.tiewportbeacbca.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 Elecnor Belco Electric Inc..,Chino, CA,
as Contractor, entered into a Contract on February 11, 2015. Said Contract set forth
certain improvements, as follows:
2014-2015 Streetlight Improvement Project C-5818
Work on said Contract was completed, and was found to be acceptable on
May 10, 2016 by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is Fidelity and Deposit Company of Maryland.
BY i �
Pu lic orks 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
In
City
at Newport Beach, California.
��WPaRT CITY OF
O �
_ z NEWPORT BEACH
Cq</ Fp P
City Council Staff Report
May 10, 2016
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Peter Tauscher, Civil Engineer, ptauscher@newportbeachca.gov
PHONE: 949-644-3316
TITLE: 2014-2015 Streetlight Improvement Project - Notice of Completion
and Acceptance of Contract No. 5818 (15E01)
ABSTRACT -
On January 27, 2015, City Council awarded Contract No. 5818, 2014-2015 Streetlight
Improvement Project to Elecnor Belco Electric, Inc. (Belco), for a total contract cost of
$930,484.00 with a $94,516.00 (10 percent) allowance for contingencies. The
contracted work involved the replacement of existing streetlight fixtures with new
energy-efficient LED streetlight fixtures and upgrading existing streetlight circuits. 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:
The current adopted budget included sufficient funding for this project. It is being
expensed to the general fund account in the Public Works Department, 15E01 -
Construct -010 -Unassigned.
8-1
2014-2015 Streetlight Improvement Project - Notice of Completion and Acceptance of
Contract No. 5818 (15E01)
May 10, 2016
Page 2
DISCUSSION:
Overall Contract Cost/Time Summary
Awarded
Final Cost at
Contingency
Actual
% Due to
% Due to
Contract Amount
Completion
Allowance
Contract
Directed
Unforeseen
Change
Change
Change
$930,484.00
$972,184.19
10% or less
4.5%
-7.2%
11.7%
Allowed Contract Time (days)
195
Actual Time
+0
Under (-) or Over (+)
The contract has now been completed to the satisfaction of the Public Works
Department. A summary of the construction contract cost is as follows:
Original Bid Amount: $930,484.00
Actual Cost of Bid Items Constructed: $863,413.40
Total Change Orders: $108,770.79
Final Contract Cost: $972,184.19
The contract replaced 214 existing streetlight fixtures with new energy-efficient LED
streetlight fixtures and upgraded the existing streetlight circuits as part of the City's
Streetlight Replacement Program. 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.
The final construction contract cost was approximately 4.5 percent over the original
contract amount. A majority of the cost increase was caused by the unforeseen need to
locate and accommodate existing utilities previously unknown and discovered during
the construction.
As a result of needing to address unforeseen underground utility conflicts, Belco was
granted an additional 10 working days to complete the project.
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.
8-2
2014-2015 Streetlight Improvement Project
NOTICING:
- Notice of Completion and Acceptance of
Contract No. 5818 (15E01)
May 10, 2016
Page 3
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).
ATTACHMENTS:
Attachment A — Location Map
8-3
ATTACHMENT A
STREETLIGHT CIRCUIT SLD0067 "'
NTS \4
NEWPORT BACK
BAY
I FGFNn
CONSTRUCTION
LIMITS STREETLIGHT CIRCUIT SLD0076 NTS
2014-2015 STREETLIGHT CITY OF NEWPORT BEACH
IMPROVEMENT PROJECT PUBLIC WORKS DEPARTMENT
LOCATION MAP C-5818 5/10/16
15E01 1 OF 2
ATTACHMENT A
I FrFND
CONSTRUCTION
LIMITS
STREETLIGHT CIRCUIT SLD0074
NTS
2014-2015 STREETLIGHT CITY OF NEWPORT BEACH
IMPROVEMENT PROJECT PUBLIC WORKS DEPARTMENT
LOCATION MAP C-5818 5/10/16
15E01 2 OF 2
RIM
C t --'y C/ 64
CITY OF NEWPORT BEACH
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 18th day of December, 2014,
((� at which time such bids shall be opened and read for
` v 2014-2015 STREETLIGHT IMPROVEMENT PROJEC
Title of Project
Contract No. 5818
$ 1,000,000.00
Engineer's Estimate
Approved by
w
ark Vukojevic
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, Protect Manager at(949)644-3316
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE;
http://www.NewgortBeachCA.gov
CLICK: Online Services /Bidding & Bid Results
City of Newport Beach
2014-2015 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5818
TABLE OF CONTENTS
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS......................................................................................3
BIDDER'S BOND............................................................................................................5
DESIGNATION OF SUBCONTRACTOR(S)...................................................................8
TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9
NON -COLLUSION AFFIDAVIT ... ............................... .......... I .... I.,................. 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.......................................................... I......... C-1
PROPOSAL.............................................................................................................. PR -1
SPECIAL PROVISIONS ............................................. ........ .......... I.... I....................... SP -1
2
City of Newport Beach
2014-2015 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5818
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO
BID OPENING DATE (if any)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed
Bid" shall be clearly marked on the outside of the envelope containing the documents.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance In the State of
California, and (2) listed as an acceptable surety in the latest revision of the Federal Register
Circular 570. The successful bidder's security shall be held until the Contract is executed.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities Indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
Irregularity or informality In such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract, A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code — including, but not limited to, the requirement to pay prevailing wage
rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by
the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act".
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
738518 A, B, C-10
Contractor's License No. & Classification
Elecnor BelcoE..lectric, Inc.
Bidder
V, W,/ Vice President
u)hrize'
re Signat itis
12%2014
Date
4
City of Newport Beach
2014-2015 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5818
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of Ten Percent of the Amount Bid
Dollars ($ 10% ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2014-
2015 STREETLIGHT IMPROVEMENT PROJECT, Contract No. 5818 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 18th day of December , 2014.
Elecnor Belco Electric, Inc. A G '
Name of Contractor (Principal) Auth ilzed Signaturelfitle ._i
Fidelity and Deposit Company of Maryland
Name of SuretyLStac
Authorize gent Signature
1400 American Lane
Schaumburg, IL 60196 ttorney-In-Fact
Address of Surety Print Name and Title
(847)605-6000
Telephone
(Notary acknowledgment of Principal & SuretV must be attached)
ACKNOWLEDGMENT
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State of California
County of ss.
On Tec-ey"be.-►'" I `t',y� before me,
Public, personally appeared C-1f_10n 1�1e- 'SU
L . stand
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct. _ _
V(seaf
L. SA"'0' L
WITNE my han d officia s al. #2015515 zz
Ollc • California
Xardino County
Signature C-101AdCI td �oVI�Lj Expires Mar. 26, 2017
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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/CFD/COO
President / Vice -President / Secretary / Treasurer
Other.
Other Information:
0
Thumbprint of Signer
Check here If
no thumbprint
or fingerprint
Is avallabie.
ACKNOWLEDGMENT
■rrur■■■rrrruru■rrrruurrrrrrrrrrrrrrrrrrr■■r■r■rr■rrrururrru■rurrrru■
State of 9XifbYn`faY CT
County of Hartford ) ss.
On December 18, 2014 before me, Aiza Lopez Notary
Public, personally appeared Stacy Rivera
,who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
certify under PENALTY OF PERJURY under the laws of the State of Call..fo tt the
foregoing paragraph is true and correct. Aizo Lopez
Notary Public -Connecticut
WITNE m hand and icial eal. My Commission Expires
December 31, 2018
ign re Aiza Lo z, Nota Publi
(seal)
rJr rrrrrrr■■■■■■■■■rrrr rrrrrruurrrrrrrrru■rrrurrr■■r�■■ru■■rrr■■r■■rrrrrr■
OPTIONAL INFORMATION
Date of Document Thumbprint of Signer
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
Check here if
no thumbprint
or fingerprint
is available.
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said
Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby
nominate, constitute, and appoint Jeannette PORRINI, Stacy RIVERA, Aiza LOPEZ and Elana V. SANCHEZ, all of Hartford,
Connecticut, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and
as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,
shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly
elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the
regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their
own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of December, A.D. 2012.
ATTEST:
zz
9,_
Assistant Secretary
Eric D. Barnes
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
P�pDUO, �.•GpS1YlNSV,py~�,�a.
SEAL
t
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Vice President
Thomas O. McClellan
State of Maryland
City of Baltimore
On this 3rd day of December, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS
O. MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and
officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith,
that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and
that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
(, t
lll��```
Maria D. Adamski, Notary Public
My Commission Expires: July 8, 2015
POA -F 142-0587E
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
600 Red Brook Blvd., Suite 600, Owings Mills, MD 21117
Statement of Financial Condition
As Of December 31, 2013
ASSETS
Bonds............................................................................................................................................... $ 139,272,722
Stocks.............................................................................................................................................. 22,258,887
Cash and Short Tenn Investments................................................................................................... 6,595,113
Reinsurance Recoverable................................................................................................................
Other Accounts Receivable .............................
17,970,134
33,409,916
TOTALADMITTEDAsSL'TS......................................................................................................... $ 219,506,772
LIABILITIES, SURPLUS AND OTHER FUNDS
Reserve for Taxes and Expenses..................................................................................................... $ 1,787,480
Ceded Reinsurance Premiums Payable............................................................................................ 42,146,005
Securities Lending Collateral Liability ............................................................................................ 6,613,750
TOTAL LIABILITIES.................................................................................................................... $ 50,547,235
Capital Stock, Paid Up......................................................................................... $ 5,000,000
Surplus................................................................................................................. 163,959,537
Surplus as regards Policyholders..................................................................................................... 168,959,537
TOTAL...................................................................................................................... .............. $ 219,506,772
Securities carried at $58,378,690 in the above statement are deposited with various states as required by law.
Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of
market quotations for all bonds and stocks owned, the Company's total admitted assets at December 31, 2013 would
be $223,222,696 and surplus as regards policyholders $172,675,461.
1, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby
certify that the foregoing statement is a correct exhibit o he assets and liabilities of the said Company on the 31st
day of December, 2013.
Corp Secretary
State of Illinois
City of Schaumburg SS:
Subscribed and sworn to, before me, a Notary Public of the State of Illinois, in the City of Schaumburg, this 15th day of March, 2014.
Nalary Public
OFFICIAL SEAL
DARRYL JOINER
Notary Public . State of Illinois
nny Commission Expires May 3, 2014
City of Newport Beach
2014-2015 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5818
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he/she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only In accordance with State law
and/or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following subcontractors
have been used in formulating the bid for the project and that these subcontractors will be used
subject to the approval of the Engineer and in accordance with State law. No changes may be
made In these subcontractors except with prior approval of the City of Newport Beach. (Use
additional sheets if needed.)
Subcontractor's Information
Bid Item
Description of Work
% of
Number
Total Bid
Name:
Address:
I'J 0 S v e S
Phone:
State License Number:
Email Address:
Name:
Address:
Phone:
State License Number:
Email Address:
Name:
Address:
Phone:
State License Number:
Email Address
on
LEecnor Belco Electric, Inc.
Bidder A h •ized Signatur tle
8
City of Newport Beach
2014-2015 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5818
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this formlll Please print or type.
Bidder's Name Eleenor Belco Electric, Inc.
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE.
For all public agency projects you.have worked on (or are currently working on) in the
past 2 years in excess of $15,000, provide the following information:
1 .
No
No. I t Name/Number Interconnect and Traffic Signals on La Mesa Rd. at Del Gado, El Evado and Pacoima Rd.
Project Description
Traffic Signals, Fiber Optic Installation
Approximate Construction Dates: From 11/2013
Agency Name City of Victorville
To: x/2014
Contact Person Greg Heldreth Telephone (760) 243-6360
1 169,918.Q(1 l ,282 344.00
Original Contract Amount $ ' "'Anal Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Change orders issued by agency.
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
No. 2 Nogales St. Grade Separation
Project Name/Number
Project Description
Traffic Signals, Street Lighting, interconnect
Approximate Construction Dates: From 8/2013
Agency Name Ace Construction Authority
To: 6/2015
Contact Person Kevin Lai Telephone (62C 962-9292
1,898,438, Q As or 121/2014 $2,137,024.00
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Change orders issued by agency.
Did you file 'any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
No. 3
Project Name/Number 1-15 La Mesa / Nisyualli Interchange
Project Description Traffic Signals, Street 1-ighting, Ramp Metering, Fiber Optics
Approximate Construction Dates: From 8/2013 To: 3/2014
Agency Name Sanbag
Contact Person Greg Heldreth Telephone (760 243-6360
,.
Original Contract Amount $ 386829.00 Final Contract Amount $ 421,714.00
If final amount is different from original, please explain (change orders, extra work, etc.)
Change orders issued by agency.
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
10
No. 4 1-10 Cherry Ave. Interchange
Project Name/Number
Project Description Traffic Signals, Street Lighting, Interconnect
Approximate Construction Dates: From 6/2013
Agency Name
Sanbag
To: 3/2014
Contact Person —Juan Rojas Telephone (951) 264-6422
1.,188,000.00 1,400,000.00
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Change orders issued by agency.
Did you file any claims against the Agency? Did the Agency file any claims
against you/Coritractor? If yes, briefly explain and indicate outcome of claims.
No. 5
Project Name/Number Traffic Signal Modernization West Newport - Phase 6
Project Description Traffic Signals, Fiber Optic
Approximate Construction Dates: From 7/2014 To: Ongoing
Agency Name City of Newport Beach
Contact Person Brad Sommers
Telephone( 947 644-3326
Original Contract Amount $734,072.O(IL-inal Contract Amount $ 779,312.32 as of 12/2014
If final amount is different from original, please explain (change orders, extra work, etc.)
Change orders issued by agency.
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
11
No. 6
Project Name/Number ('reenspot Rd. Improvements
Project Description Traffic Signals. Street Lighting, Interconnect.
Approximate Construction Dates: From 12/2012 To: 12x2014
Agency Name City of Highland
Contact Person MaRvin Alabassi Telephone (951) 776-9300
Original Contract Amount $1'606530().Final Contract Amount $ 1,709,000.00
If final amount is different from original, please explain (change orders, extra work, etc.)
Change orders issued by agency.
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
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.
Elecrlor }telco Electric, Inc.
Bidder
12
Vice President
uth
riled Signatur 'tle
4331 Schaefer Ave.
Chino, CA 91710
John L. Wong
.-OUALIFICATIONS
Cell: (951) 870-0721
Email: jwong@elecnor.com
Over 23 years of acquired responsibilities in the electrical construction industry utilizing the following skills:
• Field Supervision/Installation • Job Estimating 0 Design/Build
• Project Management • Contract Administration 0 Scheduling/Coordination
• Executive Management • Budget/Cost Analysis • Document Control
„ PROFE; SIQNALEXPERYEN _E
Elecnor Belco Electric, Inc., Chino, CA 05/2013 — Present
Vice President — Transportation Division
• Responsible for the business development, operations, project estimating and management of the
transportation division specializing in traffic signals and street lighting systems in both the private and
public works sectors.
Lincoln Pacific Builders, Inc., Baldwin Park, CA 09/2005 — 05/2013
Executive Vice President
• Assist in the founding of Lincoln Pacific.
• Responsible for all aspects of operations, activities, project estimating, and administration of company.
• Estimated and managed approximately $77M in awarded contracts in traffic signal and street lighting
projects throughout the counties of Los Angeles, Orange County, and Inland Empire including the Mid-
City/Exposition Light Rail Transit Design/Build Project for Metro in the City of Los Angeles as a
subcontractor to the Joint Venture Team of FCI/Fluor/Parsons with a contract value at $20.3M.
Moore Electrical Contracting, Inc., Corona, CA 05/2003 — 08/2005
Project Manager — Metro San Fernando Valley Buslvay Rapid Transit (BRT) Project, Los Angeles, CA
• Responsible for the management, direction, and coordination of all electrical and communications systems
from conceptual to final design with local agencies and owner while supervising a staff of five field
superintendents to support the $28M electrical and communications design -build subcontract for the Joint
Venture Team of Shimmick/Obayashi.
• Lead estimator for Transit Priority/Automated Traffic Surveillance and Control Surveillance and Control
Systems (TPS/ATSAC) Projects in the City of Los Angeles totaling $12M in awarded contracts.
Amelco Electric SF, Inc., San Leandro, CA 01/2000 — 04/2003
Division Manager - Traffic Signal and Street Lighting (01/00 — 04/03)
• Responsible for establishing a traffic signal and street lighting division with annual gross revenue of $15M
in 2000, $18M in 2001, and $25M in 2002 while supervising a staff comprising of two estimators and three
field superintendents.
• Oversight responsibility for all aspects of operations and administration of division.
Project Manager - Alameda Mid -Corridor Design -Build Project, Los Angeles, CA (01/00 —12/02)
• Coordinated and provided rapid solutions during the installation of electrical, communication, traffic signal,
and railroad signal systems while supervising a staff of four field superintendents to support a $71M
contract.
• Interfaced with various local agencies in providing conceptual to final agency -approved construction
designs for traffic signal and street lighting systems.
• Responsible for controlling all documentation related to project.
Steiny and Company, Inc., Los Angeles, CA 01/1990 — 01/2000
Project Manager (02/98 — 01/00)
• Provided project coordination and scheduling with owners, general contractors, and subcontractors.
• Managed and supervised staff of two project engineers and four field superintendents on all Disney projects
in Anaheim, CA that included West Street Improvements Phases I thru IV ($7.5M), California Adventures
SD -1 and SD -2 ($8.2M), and Paradise Pier Phase I ($150K).
Foreman/General Foreman (02/95 — 02/98)
• Supervised the installation of electrical systems such as fiber optic and data communication, low and high
voltage, and fire/life safety systems on various projects totaling $17M.
Inside Wireman Apprentice (01/90 — 01/95)
• Attended and completed IBEW-NECA 5 year apprenticeship training course.
EDUCATION/TRAINING
Journevman Wireman Certification.IBEW-NECA 01/1990 — 01/1995
Joint Apprenticeship and Training Committee, Los Angeles, CA
Member oflnternational Brotherhood of Electrical Workers Union Local 11 (since 01/90)
A.S. Electronics Engineering TechnoloLry
ITT Technical Institute, West Covina, CA
California State University of Los Angeles
Accounting Major
Los Angeles, CA
COMPUTER SKILLS
Software: Windows 8, Microsoft Office, Microsoft Project Planner, Primavera, Expedition,
McCormick and Accubid Estimating, Epic and Trade Service
06/1986 — 06/1988
09/1982 — 06/1984
City of Newport Beach
2014-2015 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5818
NON -COLLUSION AFFIDAVIT
State of California )
San Bernardino) ss.
County of )
John Wong being, first duly sworn, deposes and says that he or she is
Vice President of Llecnor Belco Electric, Inc. , the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that
party making the foregoing bid; that the bid is not made in the Interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or Indirectly Induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder
or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that
of any other bidder, or to secure any advantage against the public body awarding the contract of anyone
Interested In the proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
declare under penalty of perjury of the laws of the S to f Iforni that the foregoing is true and correct.
Elecnor Belco Electric. Inc. Vice President
Bidder Ah ized Signatu itle
Subscribed and sworn to (or affirmed) before me this 1011 of �� X9'3 ►�{
by - YDV)" VV 0k -)O , proved to me on the basis of
satisfactory evidence to be the person(/) 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.
GUADALUPE L. SANDOVAL Notary Public
COMM. #2015515 z
[SEAL] '� Noiary Public • California o
z San Bernardino County My Commission Expires: ' Z
IMy Comm. Expires Mar. 26, 2017
13
City of Newport Beach
2014-2015 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5818
DESIGNATION OF SURETIES
Bidder's name Eleenor Belco Electric, 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):
Bonding Agent - Willis of New Jersey, Inc.
Willis Group
350 Mt. Kemble Ave. Morristown, NJ 07962
Marry A. Dinger - (973) 401-7417
Surety - Zurich, Inc.
777 S. Figueroa St., Suite 3900 Los Angeles, CA 90017
Surety - Fidelity and Deposit of Maryland
1400 American Lane Schaumberg, IL 60196
14
City of Newport Beach
2014-2015 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5818
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name Elecnor Belco Electric, Inc.
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
15
Current
Record
Record
Record
Record
Record
Year of
for;
for
for
for
for
Record
2013
2012
2011
2010
2009
Total
2014
No. of contracts
50
34
14
0
0
0
98
Total dollar
Amount of
Contracts (in
$40M
$45M
$19,04M
0
0
0
$104,04M
Thousands of $
No. of fatalities
0
0
0
0
0
0
0
No. of lost
Workday Cases
0
0
0
0
0
0
0
No. of lost
workday cases
involving
permanent
transfer to
another job or
0
0
0
0
0
0
0
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 1llecnor Belco Electric, Inc.
Business Address: 4331 Schaefer Ave. Chino. C.A 91710
Business Tel. No.: (909) 993-5470
State Contractor's License No. and
Classification: 73851.8 A, s, C-10
Title
The above information was compiled from the records that are available to me at this
time and I declare under penalty of perjury that the information is true and accurate
within the limitations of those records. A
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
12/11/2014
Senior Vice President
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf
of the corporation. All must be acknowledged before a Notary Public, who must certify
that such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDl
16
State of California ) CALIFORNIA ALL-PURPOSE
County of San Bernardino ) CERTIFICATE OF ACKNOWLEDGMENT
On December 11, 2014 before me, Jessica L. DuBois, Notary Public
(here insert name and title of the officer)
personally appeared Glenn DeSoto
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. J JESSICA L. DUB01S
COMM. #2019421 z
MY
Notary Public • California
WITNESS my hand and official seal. Z San Bernardino County c
Comm. Expires Aix. 12, 2017
Signature
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document Adolitional
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification
titled/for the purpose of City of Newport Beach Proved to me on the basis of satisfactory evidence:
---- - --- L0 form(s) of identification 0 credible witness(es)
Bid Documents
Notarial event is detailed in notary journal on:
containing 1 pages, and dated Page # Entry #
The signer(s) capacity or authority is/are as: Notary contact:
❑ Individual(s) Other
❑ Attorney-in-Fact
corporate Officer(s)
Senior Vice President ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s)
Title(s) ❑
❑ Guardian/Conservator
❑ Partner-Limited/General
❑ Trustee(s)
❑ Other:
representing:
Name(s) of Person(s) or Entity(ies) Signer Is Representing
i
s
0 Copyright 2007-2012 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Part Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
i
State of California ) CALIFORNIA ALL-PURPOSE
County of San Bernardino ) CERTIFICATE OF ACKNOWLEDGMENT
On December 14, 2014 before me, Jessica L. DuBois, Notary Public
(here insert name and title of the officer)
personally appeared John Wong
r
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. JESSICA L. DUBOIS
COMM. #2019421 z
Omy Notary Public • California o
WITNESS my hand and official seal. ZSan Bernardino County
Comm. Expires Apr. 12, 2017
Signature
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached DocumentAdditional Information
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
titled/for the purpose of City of Newport Beach
— --- L0 form(s) of identification O credible witness(es)
Bid Documents
— — -- -------------------- Notarial event is detailed in notary journal on:
containing 1 pages, and dated Page ft Entry If
The signer(s) capacity or authority is/are as: Notary contact:
❑ Individual(s) Other
❑ Attorney -in -Fact Vice President ❑ Additional5igner(s) ❑ signer(s)Thumbprint(s)
QCorporate Officer(s) _
Titles) ❑
❑ Guardian/Conservator
k
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
Name(s) of Person(s) or Entitoes) Signer is Representing
--mwcn.m•
0 Copyright 2007-2012 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Part Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
CitV of Newport Beach
2014-2015 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5818
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name Elecnor Belco Electric, Inc.
The bidder shall signify receipt of all Addenda here, if any, and attach executed
copy of addenda to bid documents;
A
17
City of Newport Beach
2014-2015 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5818
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: Elecnor Belco Electric, Inc.
Business Address: 4331 Schaefer Ave. Chino, CA 91710
Telephone and Fax Number: (9 19) 993-5470 Fax (909) 993-5476
California State Contractor's License No. and Class: 738518 A, 13, C-10
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 7/28/1997 Expiration Date: 713//2015
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:
Bo Fuentes - Senior Estimator
The following are the names, titles, addresses, and phone numbers of ali individuals,
firm members, partners, joint ventures, and company or corporate officers having a
principal interest in this proposal:
Name Title Address Telephone
Glenn De Soto Senior V.P. 4331 Schaefer Ave. Chino, CA 91710 (909) 993-5470
Corporation organized under the laws of the State of California
18
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
None
All company, corporate, or fictitious business names used by any principal having
interest in this proposal are as follows:
None
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;
None
Briefly summarize the parties' claims and defenses;
,�
Have you ever had a contract terminated by the owner/agency? If so, explain.
None
Have you ever failed to complete a project? If so, explain.
No
For any projects you have been involved with In the last 5 years, did you have any
claims or actions by any outside agency or individual for labor compliance (i.e. failure to
pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No
19
Are any claims or actions unresolved or outstanding? Yes / No
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
E.,lecnor Belco Electric, Inc.
Bidder
Glenn De Soto
(Print name of Owner or President
of Corporation/Company) _,..
ut horized-Signature/Title
Senior V.P.
Title
121/ 18/2014
Date
On Ve-0 ` IB- 20 t y- before me, (N-aA- j VK i, Uy 0Vtt L Notary Public, personally
appeared Glehr, tie, '�C+p , who proved to me on the
basis of satisfactory evidence to be the person($whose name re subscribed to the within
Instrument and acknowledged to me that(E&she/they executed the same in 0/her/their authorized
capacity(iesj, and that by/her/their signatureA on the instrument the person}, 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.
WITNESS my hand and officials al.
GUADALUPE L. SANDRAL
COMM. #2015515 z
(SEAL)�� Notary Public • California o
Notary Public in and for said State z San Bernardino County
Comm. Ex ires Mar. 26, 2017
My Commission Expires; 2-ic ' wt
20
City of Newport Beach
2014-2015 STREETLIGHT IMPROVEMENT PROJECT
Contract No. 5818
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 Cert(ficate(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: Progertv-Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by
the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on
the insurance company's forms, fully executed and delivered with the Contract. The Notice to
Proceed will not be issued until all contract documents have been received and approved by the
City.
21
2014-2015 STREETLIGHT IMPROVEMENT PROJECT
CONTRACT NO. 5818
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 11th
day of February, 2015 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City'), and ELECNOR
BELCO ELECTRIC, INC., a California corporation ("Contractor'), whose address is
4331 Schaefer Avenue, Chino, California 91710, 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: The work
necessary for the completion of this contract consists of mobilization, providing
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:
1. 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, Labor and Materials Payment Bond (Exhibit A),
Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and
Standard Drawings, Plans and Special Provisions for Contract No. 5818, 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.
3. 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 Nine Hundred Thirty Thousand Four Hundred
Eighty Four Dollars and 001100 ($930,484.00).
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, including tsunamis,
and which loss or expense occurs prior to acceptance of the Work by City.
4. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times
during the term of the Contract. Contractor has designated John Wong to be its Project
Manager. Contractor shall not remove or reassign the Project Manager without the prior
written consent of City. City's approval shall not be unreasonably withheld.
5. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Public
Works Director, or designee, shall be the Project Administrator and shall have the
authority to act for City under this Contract. The Project Administrator or designee shall
represent City in all matters pertaining to the Work to be rendered pursuant to this
Contract.
Elecnor Belco Electric, Inc. Page 2
6. 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.).
7. WRITTEN NOTICE
7.1 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
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
7.2 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
7.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attention: John Wong, Vice President
Elecnor Belco Electric, Inc.
4331 Schaefer Avenue
Chino, CA 91710
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract.. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Elecnor Belco Electric, Inc. Page 3
Work, provided that Contractor is in compliance with the terms of this Contract.
Anything in this Contract that may appear to give City the right to direct Contractor as to
the details of the performance or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of
the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during
the term of this Contract both of the following: (1) a Faithful Performance Bond in the
amount of one hundred percent (100°/x) of the total amount to be paid Contractor as set
forth in this Contract in the form attached as Exhibit B and incorporated herein by
reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred
percent (100%) of the total amount to be paid Contractor as set forth in this Contract
and in the form attached as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment 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, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a 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.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in
the State of California.
10. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
11. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
12. 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
Elecnor Belco Electric, Inc. Page 4
Insurance Requirements attached hereto as Exhibit C, and incorporated herein by
reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant, Control means fifty percent (50%) or more of the voting power
or twenty-five percent (25%) or more of the assets of the corporation, partnership or
joint -venture.
14. PREVAILING WAGES
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.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of
any subcontractors. Nothing in this Contract shall create any contractual relationship
between City and subcontractor, nor shall it create any obligation on the part of City to
pay or to see to the payment of any monies due to any such subcontractor other than as
otherwise required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 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
Elecnor Belco Electric, Inc. Page 5
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.
16.2 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.
16.3 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
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).
16.4 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.
16.5 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.
16.6 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.
Elecnor Belco Electric, Inc. Page 6
16.7 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.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 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.
17.3 There shall be no change in the Contractors 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.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
18.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Contract by City. Contractor shall indemnify and hold harmless City
for any and all claims for damages resulting from Contractor's violation of this Section.
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the
provisions of this Contract at the time and in the manner required, that party shall be
deemed in default in the performance of this Contract. If such default is not cured within
a period of two (2) calendar days, or if more than two (2) calendar days are reasonably
required to cure the default and the defaulting party fails to give adequate assurance of
due performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting
party written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days prior written notice to Contractor. In the event of termination under this
Elecnor Belco Electric, Inc. Page 7
Section, City shall pay Contractor for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Contractor has not been
previously paid. On the effective date of termination, Contractor shall deliver to City all
materials purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Contract or any other rule of
construction which might otherwise apply.
20.6 Amendments. This Contract may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall
govern this Contract and all matters relating to it and any action brought relating to this
Contract shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
Elecnor Belco Electric, Inc. Page 8
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
20.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this contract, the prevailing party shall not be entitled to attorneys' fees.
20.11 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
21. 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.
22. WAIVER
A waiver by City or any term, covenant, or condition in the Contract Documents
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition.
23. 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]
Elecnor Belco Electric, Inc. Page 9
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 ATTO21IRY'S OFFICE
Date:14
By:
Aaron C. Harp oM oZIoH I tK
City Attorney
ATTEST:
Date: 13.0271`
By: A4" rY U� ►'��
Leilani I. Brown
City Clerk
Lry(.( FOR:.
Attachments:
CITY OF NEWPORT BEACH,
a California Tnicipal corporon
Date:
By:
_6�
Edward D. Selich
Mayor
CONTRACTOR: Elecnor Belco Electric,
Inc., a California corporation
Date: 0- -,?- ij /tip
M
lenn De Soto
Executive Vice President
Date:
1
V,
By: l�
Donald J. R , ssig�er -
Sr. Vice Preside +t nd Vice Secretary
[END OF SIGNATURES]
Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Elecnor Belco Electric, Inc. Page 10
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of San Bernardino
On Feb. 26, 2015
before me, Olivia Chea, Notary Public
(Here insert name and title of the officer)
personally appeared Glenn De Soto
who proved to me on the basis of satisfactory evidence to be the person(s) whose name issubscribed to
the within instrument and acknowledged to me that e><tliey executed the same in is au
emthorized
capacityfies}; 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.
,�.��_
WITNE and a d official seal. OLlVIfS CHE;A
Col/I.# 1931793 r�
NOTARY PUBLIC-CALIFORMA V'
LOS ANGELES COUNTY
t ``t
PAY UP. APR. 8. 2y 015 �L
Signature of Notary Public
(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)
KI
Corporate Officer
Exec. Vice President
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA v12.10.07 800-873-9865 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 acknawledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. /n 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
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of San Bernardino
On Feb. 26, 2015
before me, Olivia Chea, Notary Public
(Here insert name and title of the officer)
personally appeared Donald J. Rassiger
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 thatei executed the same in is authorized
capacity(ies)-, and that by is ' signature(.) 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.
OIIVIA iCH1A�
WI han nd official seal. .:_ (30tA 1. # 1931793 rn
NOTARY PUBLIC -CALIFORNIA N
Los ANGELES COUNTY
r� r Wf Cotw. Fxr. APR. 8, 7.015
�,.
Signature of Notary Public (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)
lfl
Corporate Officer
Sr. VP/ Vice Sec.
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryC]asses.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/the}-- is /ere ) 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
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. PRF9172290
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Elecnor Beloo Eiechic, Inc. hereinafter designated as the "Principal," a contract for 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 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,
Fidelity and Deposit Company of Maryland 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
Nine Hundred Thirty Thousand ` Dollars ( $930,484.00 ) 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
Page A-1
Four Hundred Eighty Four and 00(100ths
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 at seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder 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 26th day of January 12015
Elecnor Belco Electric, Inc.
Name of Contractor (Principal)
Fidelity and Deposit Company of Maryland
Name of Surety
1400 American Lane Schaumburg_IL 60196
Address of Surety
847-605-6000
Telephone
Authorized Signature(rttle y i C, 4 jL¢- 1 r id ert t
uthorizedC Agent Signature
Aiza Lopez Attorney -In -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
PRO�Yjjpp��6��!// iS� Ail.. 1�9V.C:..Y10
Vtl"
Page A-2
A notary public or other officer completing this certificate verifies only the CALIFORNIA ALL-PURPOSE
identityof the individual who signed the document which this cettlficate
is attaced, and not the truthfulness, accuracy, or validity of that document CERTIFICATE OF
State of California ) ACKNOWLEDGMENT
County of San Bernardino )
On January 29, 2015 before me, Guadalupe L. Sandoval, Notary Public
(here insert name and title of the officer)
personally appeared Glenn DeSoto
who proved to me on the basis of satisfactory evidence to be the persori whose name(4 is are subscribed to
the within instrument and acknowledged to me thattWshe/they executed the Same in Is her/their
authorized capacity(ieO, and that bys er/their signature(6 on the instrument the person(a), or the entity
upon behalf of which the personv) acted, executed the instrument.
I certify under PENALTY OF PERJURY underthe laws of the
State of California that the foregoing paragraph is true and correct.
GUADALUPEL:SANDDYAI
WITNESS my hand and officials al. COMM. #tot55i5 z
Notary Public. California p
z San earnardmo County
14 Corm . En ires Maz. 26, 2017
Signature �---'
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description'of Attached Document
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification
titled/for the purpose of City of Newport Beach Proved to me on the basis of satisfactory evidence:
Bond No. PRF9172290 - L & M Payment Bond Lo form(s)of identification O credible witnesses)
-------- Notarial event is detailed in notary journal on
containing 1pages, and dated January 26, 2015 Page # entry #_
The signer(s) capacity or authority is/are as: Notary contact:_
❑ Individual(s) Other
❑ Attorney -in
-Fact Executive Vice President ❑ Additional Signer($) El Sig ner(s) Thumbpnnt(s)
❑ Corporate OFficeds) _
doers) ❑
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
Nani of Persons) or Entuou,,) Signer Is Representing 3:
0 Copyright 20072014 Notary Rotary, Inc. RD Box 41400, Des Moines. IA 50311-0507. All Rights Reserved. Item Number 101772. 1 contact our Authorized Reseller to purchase copies of this form.
ACKNOWLEDGMENT
State of California
County of } ss.
On 20_ 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 signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
State of QIif0 Connecticut
County of Hartford }ss.
(seal)
On January 25 20 t5 before me,
Danielle M. Bechard Notary Public, personally appeared
Alza Lopez who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ignatunDanielle M. Be hard
Danielle M. Bach ard
11 Notary Public -Connecticut
My Commission Expires
June 30, 2015 11
(seal)
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said
Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby
nominate, constitute, and appoint Jeannette PORRINI, Stacy RIVERA, Aiza LOPEZ, Elana V. SANCHEZ and Erin L. KIERNAN, all
of Hartford, Connecticut, EACH its true and lawful agent and Attorney -in -Pact, to make, execute, seal and deliver, for, and on its behalf
as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of
these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New
York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings
Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings
Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a time copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 8th day of December, A.D. 2014.
ATTEST:
9
,, _), A-1.4-
Secretary
Eric D. Barnes
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
S
aw•M#.'i
Ea low..o v . �Z ..._..,,,
�rMnn�N
_9�, EWoKzd�,11(
Vire President
Thomas O. McClellan
State of Maryland
County of Baltimore
On this 8th day of December, A.D. 2014, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS
O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that
he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seat the day and year first above written.
,�,.........;ts �.:
ttotF
��e'ru mto�•
Maria D. Adamski, Notary Public
My Commission Expires: July 8, 2015
POA -F 142-0587E
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
600 Red Brook Blvd., Suite 600, Owings Mills, MD 21117
Statement of Financial Condition
As Of December 31, 2013
ASSETS
Bonds............................................................................................................................................... $ 139,272,722
Stocks.............................................................................................................................................. 22,258,887
Cash and Short Tenn Investments ..... ............. ......... ................ ........................ ................................ 6,595,113
Reinsurance Recoverable ....................................... ............... ........................ ................................. 17,970,134
Other Accounts Receivable............................................................................................................. 33,409,916
TOTALADMITTED ASSETS... ......... -- ... ...................... ............. ....... .................... — ................. $ 219,506,772
LIABILITIES, SURPLUS AND OTHER FUNDS
Reserve for Taxes and Expenses..................................................................................................... $ 1,787,480
Ceded Reinsurance Premiums Payable, .............................................................. ..... . ........... ........ 42,146,005
Securities Lending Collateral Liability .......... ........................................ ......... ..... ........................... 6,613,750
TOTAL LIABILITIES.................................................................................................................... $ 50,547,235
CapitalStock, Paid Up......................................................................................... $ 5,000,000
Surplus................................................................................................................. 163,959,537
Surplus as regards Policyholders .......................
TarAL.........................................................
......... 16 8,959, 537
.......... $ 219,506,772
Securities carried at $58,378,690 in the above statement are deposited with various states as required by law.
Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of
market quotations for all bonds and stocks owned, the Company's total admitted assets at December 31, 2013 would
be $223,222,696 and surplus as regards policyholders $172,675,461.
1, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby
certify that the foregoing statement is a correct exhibit o e assets and liabilities of the said Company on the 3lst
day of December, 2013.
State of Illinois
City of Schaumburg SS:
Subscribed and sworn to, before me, a Notary Public ofthe State of Illinois, in the City of Schaumburg, [his 15th day of Much, 2014.
° J Nolnry Public
LOFFICIAL SEAL
IDARRYLJOINER
ublic • State of Illinois
sion Expires May 3, 2014
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. PRF917229D
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 5.234.38 , being at the
rate of $ 7.38/slide per thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Fleenor aelco Electric, Inc. hereinafter designated as the "Principal," a contract for 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 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 Fidelity and Deposit Company of Maryland
, 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
Nine Hundred Thirty Thousand Dollars ( ,484 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 specked 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
Page B-1
Four Hundred Eighty Four and 00/100ths
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the Work to be performed
thereunder 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 executed by the
Principal and Surety above named, on the 26th day of January 20 15 .
Elecnor Belco Electric, Inc.
Name of Contractor (Principal)
Fidelity and Deposit Company of Maryland
Name of Surety
1400 American Lane, Schaumburg, IL 60196
Address of Surety
847-605-6000
Telephone
Alza Lopez, Attorney -In -Fact
Print Name and Title
NOTARYACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
LAPP O�VED �,%,/ a Y._ 1?02 4:
+ _uomt;y CAM ealaebc
... rJ
V" t-�4- Pre:i dt.nf
Page B-2
A notary public or other officer completing this certificate verifies onlythe CALIFORNIA ALL-PURPOSE
identity of the individual who signed the document to which this certificate:. T
is attached, and not the truthfulness, accuracy, or validity of that document. CERTIFICATE OF
State of California ) ACKNOWLEDGMENT
County of San Bernardino
On
January 29, 2015
personally appeared Glenn DeSoto
before me, Guadalupe L. Sandoval, Notary Public
(here insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person,O whose name)is re subscribed to
the within instrument and acknowledged to me thatEe/she/they executed the same in his her/their
authorized capacity(, and that by fits/her/their signaturew on the instrument the persong or the entity
upon behalf of which the personA acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
GUADALUPEL.SANDDVAI
o COMM. #2D15515 A
Notary Publie -California o
a San Bernardino County
Comm, fres Agar. 26, 2617
'Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by low, it could prevent fraudulent removal and reattachment of this
acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document. .
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of City of Newport Beach
Bond No. PRF9172290 - Faithful Performance Bond
containing 1 pages, and dated January 26, 2015
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney-in-Fact
Fact
L] CorporateeOExecutive Vice President
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
Names) of Persong) or Entry(les) Signer is Representing
Method of 5lgner ldentlh[ation
Proved to me on the basis of satisfactory evidence
LQ form(s) of identification 0 credible witness(es).'.
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:_
Other _
[] Additional 5igner(s) ❑ signer(s)Thumbprmt(s) ,
El
0 Copyright 20072014 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507, All Rights Reserved. Item Number 101772. Please contact your Authorized
ACKNOWLEDGMENT
State of California
County of }ss.
On 20 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/herltheir signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
State of k3etftrvals Connecticut
County of Hartford }ss.
(seal)
On January 26 2015 before me,
Danielle M. Bechard , Notary Public, personally appeared
Aiza Lopez Who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Dante lle M. Bachand
WITNESS m hand and official seal. Notcry Public•Connecticut
My Commission Expires
June 30, 2015
Signatur`e Danielle . Bachand (saal)
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said
Companies, which are set forth on the reverse side hereof and are hereby certified to be in full fora and effect on the date hereof, do hereby
nominate, constitute, and appoint Jeannette PORRINI, Stacy RIVERA, Aiza LOPEZ, Elana V. SANCHEZ and Erin L. KIERNAN, all
of Hartford, Connecticut, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf
as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of
these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New
York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings
Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings
Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this Sth day of December, A.D. 2014.
ATTEST:
Secretary
Eric D. Baines
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
.cG�i...... •�
xxt�d' s Ilk^ eae
-g I - V K/,/ a
Vice President
Than as O. McClellan
State of Maryland
County of Baltimore
On this 8th day of December, A.D. 2014, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS
O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swam, deposeth and saith, that
he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seat the day and year first above written.
Vol,
.`
Maria D. Adamski, Notary Public
My Commission Expires: July 8, 2015
POA -F 1420587E
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this 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
Employers 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
Elecnor Belco Electric, Inc. Page C-1
insured contract (including the tort liability of another assumed in a
business 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.
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,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its elected or appointed 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
Elecnor Beico Electric, Inc. Page C-2
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. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 0413.
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.
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. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available proceeds in excess of specified minimum
limits of insurance and coverage shall be available to the City.
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
Elecnor Belco Electric, Inc. Page C-3
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
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.
Elecnor Belco Electric, Inc. Page 0-4
CERTIFICATE OF INSURANCE
CHECKLIST
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 3/9/15 Dept./Contact Received From: Raymund
Date Completed:
3/9/15
Sent to: Raymund By:
Company/Person required to have certificate: Elecnor Belco Electric Inc
Type of contract: All Others
Chris
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 6/7/14-6!7115
A. INSURANCE COMPANY: Old Republic Insurance Company
B. AM BEST RATING (A-: VII or greater): A:XI
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? 0 Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
E. ADDITIONAL INSURED ENDORSEMENT — please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
1, PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
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?
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 6/7/14-6/7/15
1,000,000/2,000,000
® Yes ❑ No
■ ■
a ■
❑ Yes
® No
® N/A ❑ Yes
❑, No
❑ N/A ® Yes
❑ No
A. INSURANCE COMPANY: Old Republic Insurance Company
B. AM BEST RATING (A-: VII or greater) A:XI
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? 1,000,000
E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?) N/A
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only): ® N/A ❑ Yes ❑ No
G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No
H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 6/7114-6/7115
A.
INSURANCE COMPANY: Old Republic Insurance Company
B.
AM BEST RATING (A-: VII or greater): A:XI
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® 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
IV. PROFESSIONAL LIABILITY
C+�9011ILIIt1N1►IIMI.11Ilk VA
V BUILDERS RISK
Approved:
a�;k
Agent of Aliiant Insurance Services
Broker of record for the City of Newport Beach
3/9/15
Date
® N/A ❑ Yes ❑ No
►1 ■ - ■
►� ■ ■
00 ■
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:
Approved:
Risk Management Date
* Subject to the terms of the contract.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
FY 2014-2015 STREETLIGHT IMPROVEMENT PROJECT
CONTRACT NO. 5818
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. 5818 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
2.
3
Lump Sum Mobilization and Demobilization
@'rYJRVTY 11+6V#eoIlars
Z'0 and Cents 2—(f 000 . W $ ?-4/000.011
Per Lump Sum
Lump Sum Traffic Control
I-WWAIDollars
and
7-cyu Cents Z(J1 000.0'0 $ 200uou . ov
Per Lump Sum
4 EA Replace and Install New Type it (31'-3") Standard
(Ameron Cat. No. 6-131-31-F8) and GE 130 watt,
10,300 lumen (#E RS2-3-HX-EX-5-40-4-G RAY), 240
volt LED luminaire
S&vEu
@ T►fi11LXAV-10 Dollars
and 7/000.00
I-VyLo Cents $ $ Zai rmy •�
Per Each
PR2of7
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 5 EA Replace and Install New Type III (12'-3") Standard
(Ameron Cat. No. 7-132-1213) and GE 84 watt, 6,300 lumen
#E13 C -3 -C3 -41 -P -L- -B-GRAY), 240 volt LED luminaire
( I vvkTht UC0
@ TJX 1V^09'0-bollars
2Gno and
Cents $ q� 300. I -20 -OT
ZI �a•av
Per Each
5. 25 EA Replace Existing Luminaire on Existing Streetlight
Standard with New GE 130 watt, 10,300 lumen (#ERS2-3-HX-
EX-5-40-4-GRAY), 240 volt LED luminaire
SI (-HT 14VOQID 2f -V
@_ Dollars
and
Cents $ '924 -OD $ Za,sUv
Per Each
6. 117 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
Sr -Veli Hvrroalw
@ Dollars
and
Z�Yt� Cents $ 7� •� $ �7 �'lSD • Uti
Per Each
7. 63 EA Replace Existing Luminaire on Existing Streetlight
Standard with New GE 84 watt, 6,300 lumen (#EPTC-
3-C3-41 -P-L-4-B-G RAY), 240 volt LED luminaire
Dtj C -rHv usthJD
@, TWO Nn IU19 Dollars
and
1u Cents $ t / u o . uo $ 7 Si too . W
�
Per Each
8. 1 EA Remove and Salvage Existing Streetlight
Standard
ONI✓ THVu9A+40
@ TWO N 00tW Dollars
and
Vie ' Cents $ I UU • cm $ t i 2 -OU, w
Per Each
PR3of7
ITEM QUANTITY
AND UNIT
ITEM DESCRIPTION AND UNIT UNIT
PRICE WRITTEN IN WORDS PRICE
TOTAL
PRICE
9. 1 EA
Relocate Existing Type II Streetlight
Standard Onto New Foundation
IfWL" -TA uS Irr4 n
@ 1WO Nr 0iZjeD Dollars
and
ZVr2,0 Cents $ 3,200-n
$ 3, 2u0•y0
Per Each
10. 1 EA
Reset Existing Streetlight Standard to
Grade on New Foundation
@ TWO PVPPQ W Dollars
and
ZLsYLo Cents $ I, 20G . n$
Zo 0 . vo
Per Each
11. 4 EA
Rotate Existing Streetlight Standard
(*IE TH.Ouc* W
@ FI Ve. Wn 64C. Dollars
and
Z�i2o Cents $ t i X10 • U'b
$ %, U0 0 . al
Per Each
12. 1 EA Remove Existing Mast Arm and Luminaire, Install
New 8' Dual Mast Arm with New GE 130 watt,
10,300 lumen (#ERS2.3-HX-EX-5-40-4-GRAY), 240
volt LED luminaire
T1rwo Tito d tAT_r0
@67141+T 0VttRrVDollars
UIP and Cents $ 2, oo.ov $ Z, $00. Uo
Per Each
13, 5 EA Clean and Paint Existing Mast Arm
@ 016" 140400 Dollars
and 14(d O o. dy
?.CN Cents $ kU 01 $
Per Each
14. 34 EA Re -grout Existing Street Light Standard
Tlk(Lf C N JO Y2.W
@ %1/ Dollars
and
Z M►20 Cents $ 3Q . n $ 0 1900-P
Per Each
PR4of7
TOTAL
ITEM QUANTITY
ITEM DESCRIPTION AND UNIT UNIT
AND UNIT
PRICE WRITTEN IN WORDS PRICE
PRICE
15, 100 EA
Remove and Replace Existing Pull Box
@NILM-676211 Dollars
and
2Z -A4 Cents $ 36(
$
3 q, go o . m
Per Each
16, 5 EA
Remove Existing Pull Box and Connect
Conduit. Reconstruct Driveway Approach per
CitStd. Plan No. 163-L, width per Plan
NW
rll-dv ren
@ FIVE" W4&6V Dollars
Z and nts $ y�,no • w
$
2Z, Serio . yr
Per Each
17. 11 EA
Remove Existing Pull Box and
Connect Conduit
Sgvev N vWoA-W
@ 5/XZ%/ Dollars
I and
Z_r"
Cents $
Per Each
18. 250 EA
Furnish and Install New #3-1/2 F Concrete
Pull Box
Tb1L Cf, hVf4P4A0->
@ lc --j Dollars
and30 • UO
Zt�t-t)
$l, sed. uo
$
$
Per Each
19. 3 EA
Furnish and Install New #5 F Concrete Pull
Box
@ 07 (-/nlOtl'� Dollars
and
Cents $ SSU • U'�
$
j 5"0 U . Uv
Per Each
20. 2 EA
Furnish and Install New Single -Meter Type III -BF Service
Cabinet
PI)ULTh'"SAVO
@ S/A 14w\A94" Dollars
7_C04 �,
�, 20 0. rA
Cents $
$
Per Each
PR5of7
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
21. 1 EA Remove Existing and Install New Single -Meter
Type III -BF $er�l�rIce Cabinet
ONS TI
@, F0/E i -}Jr ILA9 Dollars
?. yLU and Cents $ (f 57 u. U-0
Per Each
22. 2 EA Modify Existing Type III -BF Service Cabinet
G14?+T lfvr-fof W
@ MOM Dollars
and
h'0 Cents $ X d • ud $ l i78a . w
Per Each
23. 1 EA Remove and Salvage Existing Series
Service Disconnect
SLrVr7w HVr4yLCV
@ Dollars
and -72 cf. Uv
Cents $ Z`f' $
Per Each
24. 215 EA Furnish and Install New 1" PVC Conduit
with 248 Insulated Conductors and 148
bare conductor
Dollars
and Z i1`9 (oi d moo. Uo
Cents $ $
Per Each
25. 23,000 LF Furnish and Install New 1-1/4" PVC Conduit with 2-
#8 Insulated Conductors and 148 Bare Conductor
Dollars
andZe"yLo Cents $ . U'd $ 3 (o 91 opt U'D
Per Linear Foot
26. 500 LF Furnish and Install New 1-1/4" PVC Conduit with 448
Insulated Conductors and 148 Bare Conductor
@ rijuw1-�1 Dollars
and ltf.UO -7 m a• vo
Cents $ $
Per Linear Foot
PR6of7
ITEM QUANTITY
AND UNIT
ITEM DESCRIPTION AND UNIT UNIT
PRICE WRITTEN IN WORDS PRICE
TOTAL
PRICE
27. 100 LF
Furnish and Install New 2" PVC Conduit
With 848 Insulated Conductors and 148
Bare Conductor
Dollars
and
?—K'0 Cents $ Z 3 • l)�
2 3ov -n
$
Per Linear Foot
28. 18,000 LF
Furnish and Install New 248 Insulated
Conductors and 148 Bare Conductor
@ Dollars
and
s�X?y
2 / v • (!�
$
Per Linear Foot
29. 1,200 LF Furnish and Install New 448 Insulated
Conductors and 148 Bare Conductor
@ 4/x Dollars
ZED and Cents $ ' !f $ %12 0 U • UO
Per Linear Foot
30. 10 EA Furnish and Install New Conduit into Existing
Pull Box. Splice New to Existing Conductors.
Furnish and Install New 248 Insulated
Conductors and 148 Bare Conductor
FW Vl - Ov/,ty -ev
@ Dollars
and
2-4e:K.4 Cents $ 4' $ �/ 6� • !/b
Per Each
31. 25 EA Remove Existing Series Conductors Prior to
Installing New Conductors. Remove Existing
Pull Box and Connect Existing 1-1/4" Conduit
@ 6I6/tt' PfVN 4W Dollars
and 7-0014 Cents $ fSOG Uo $ Z0, pOd •vu
Per Linear Feet
PR7of7
ITEM QUANTITY ITEM DESCRIPTION AND UNIT
AND UNIT PRICE WRITTEN IN WORDS
UNIT TOTAL
PRICE PRICE
32. Lump Sum Remove Existing Series
Conductors
_fes
@ IrRd '►`fb Dollars
Z>✓l6 and
Cents
3, 0 o u • n$ 3, vay , w
Per Lump Sum
33. 10 EA Trim Brush and/or Tree
@ 1W# *W dlo Dollars
and
Z 5XA Cents $ Zoo ' OT$ Zy Oro
Per Each
34 ; Lump Sum
35, Lump Sum
Remove All USA Markings and
Restore Pavement Surfaces
@ Two Thousand Dollars
and
Zero Cents $ 2,000.00
Per Lump Sum
Provide As -Built Drawings
@ Three Thousand Dollars
and
Zero Cents $ 3,000.00
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
Nf t4 e J fy fj hyLer 'nWtr,-Vy yM r -M THU lghr,J� Dollars
N 1"Qr, I,Jd r` 1Z.K > G L 401-Y —ice/ Iti q
and 2-C1� Cents $ 12019 k y Uti
Total Price (Figures)
12/18/2014
Date
(909) 993-5470 Fax (909) 993-5476
Bidder's Telephone and Fax Numbers
Bidders email: jwong@),elecnor.com
Electric, Inc.
I Gong; Vice P e. Adent
d is Author ed Signature and Title
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
FY 2014-2015 STREETLIGHT IMPROVEMENT PROJECT
CONTRACT NO. 5818
PARTI 2
GENERAL PROVISIONS 1
SECTION 2—SCOPE AND CONTROL OF THE WORK 1
2-6 WORKTOBEDONE 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 WORK. 3
6-7 TIME OF COMPLETION 4
6-7.1 General 4
6-7.2 Working Days 4
6-7.4 Working Hours 4
6-9 LIQUIDATED DAMAGES. 4
6-11 Sequence of Construction 5
SECTION 7 --RESPONSIBILITIES OF THE CONTRACTOR 5
7-8 PROJECT SITE MAINTENANCE 5
7-8.5.1 Steel Plates. 5
7-8.6 Water Pollution Control. 5
7-8.6.1 Best Management Practices and Monitoring Program. 5
7-10 PUBLIC CONVENIENCE AND SAFETY 6
7-10.1 Traffic and Access 6
7-10.2 Storage of Equipment and Materials in Public Streets 6
7-10.3 Street Closures, Detours and Barricades 6
7-10.4 Safety 7
7-10.4-1 Safety Orders 7
7-10.5 "No Parking" Signs 7
7-10.7 Notices to Residents and Businesses
7
7-15 CONTRACTOR'S LICENSES
8
7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS
8
SECTION 9 ---MEASUREMENT AND PAYMENT
8
9-3 PAYMENT
9
9-3.1 General
9
PART2
16
CONSTRUCTION MATERIALS
16
SECTION 201-- CONCRETE, MORTAR, AND RELATED MATERIALS
16
201-1 PORTLAND CEMENT CONCRETE
16
201-1.1.2 Concrete Specified by Class
16
201-2 REINFORCEMENT FOR CONCRETE
16
201-2.2.1 Reinforcing Steel
16
SECTION 209— ELECTRICAL COMPONENTS
16
209-2 MATERIALS
16
209-2.1 Electroliers
16
209-2.2 Anchor Bolts
16
209-2.3 Conduit
17
209-2.4 Wire
17
209-2.9 Photocells
17
PART3
18
CONSTRUCTION METHODS
1a
SECTION 300 ---EARTHWORK
18
300-1 CLEARING AND GRUBBING
18
300-1.3 Removal and Disposal of Materials
18
300-1.3.1 General
18
300-1.3.2 Requirements
18
300-1.5 Solid Waste Diversion
18
SECTION 303 --CONCRETE AND MASONRY CONSTRUCTION
19
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS,
ACCESS RAMPS AND
DRIVEWAYS
19
303-5.1 Requirements
19
303-5.1.1 General
19
303.5.5 Finishing
19
303-5.5.1 General
19
SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION
308-1 General
SECTION 310 ---PAINTING
310-5.3 Painting Galvanized Surfaces
400-2 UNTREATED BASE MATERIALS
19
19
21
21
22
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
FY 2014-2015 STREETLIGHT IMPROVEMENT PROJECT
CONTRACT NO. 5818
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 -5073-S); (3) the City's
Standard Special Provisions (2004 Edition), including Supplements; (4) Standard
Specifications for Public Works Construction (2009 Edition), including Supplements;
and 5) Caltrans Standard Specifications (Latest Edition). Copies of the Standard
Special Provisions may be purchased at the Public Works Department. Copies of the
Standard Specifications may be' ,purchased from Building News, Inc., 1612 South
Clementine Street, Anaheim, CA 92802, 714-517-0970.
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1
GENERAL PROVISIONS
SECTION 2 ---SCOPE AND CONTROL OF THE WORK
2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion
of this contract consists of mobilization, providing 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
Contractor's Licensed Surveyor shall file the required Record of Survey or Corner
Records with the County of Orange upon monument restoration.
Page 1 of 22
SECTION 3 ---CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.3 Markup. Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, 1 percent shall
be added for compensation for bonding.
- (b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied
to the Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent on
work added in excess of $5,000 of the subcontracted portion of the extra work may
be added by the Contractor.
SECTION 4—CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.4 Inspection and Testing. All material and articles furnished by the
Contractor shall be subject to rigid inspection, and no material or article shall be
used in the work until it has been inspected and accepted by the Engineer. The
Contractor shall furnish the Engineer full information as to the progress of the
work in its various parts and shall give the Engineer timely (48 -hours minimum)
notice of the Contractor's readiness for inspection. Submittals are required for all
construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Specifications and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
Page 2 of 22
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 by
the Engineer. Salvaged materials shall be delivered to Utilities Yard at 949 West 16th
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 GPM style. The Contractor
shall complete the new service installations prior to commencing other items of work.
The Engineer will review the schedule and may require the Contractor to modify the
schedule to conform to the requirements of the Contract Documents. If work falls
behind the approved schedule, the Contractor shall be prohibited from starting
additional work until 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,"
Page 3 of 22
6-7 TIME OF COMPLETION
6-7.1 General. Add to this section: "The Contractor shall complete all work
under the Contract within 100 consecutive working days after the date on the
Notice to Proceed.
The Contractor shall ensure the availability of all material prior to the start of work.
Unavailability of material will not be sufficient reason to grant the Contractor an
extension of time for 100 percent completion of work."
6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1 St
(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 I5; July 4th, November 11th, December 24th, December 25th or December 31St
falls on a Sunday, the following Monday is a holiday. If January 1St, July 4th, November
11th December 24th December 25th or December 316t 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
Irvine Ave shall take place between 9:00 a.m. and 3:00 p.m. only.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., before or after the normal working hours
prescribed above.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working
during any of these hours must be made at least 72 hours in advance of the desired
time period. A separate request must be made for each work shift. The Engineer
reserves the right to deny any or all such requests. Additionally, the Contractor shall
pay for supplemental inspection costs of $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.
Page 4 of 22
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."
6-11 Sequence of Construction. All work pertaining directly to furnishing and
installing the service cabinets shall be completed prior to all other work. For each new
service location all coordination with SCE and the City shall be signed off and written
confirmation provided to the Engineer from SCE documenting the meter connection and
energizing schedule. Work shall be completed to the satisfaction of the Engineer prior
to proceeding with the remaining scheduled work. The Contractor shall be responsible
for obtaining a written "Notice -to -Proceed" from the Engineer prior to starting additional
contract work. The Contractor shall schedule all work to minimize the inconvenience to
the public.
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.newportbeachca.gov/publieworks.-
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.
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.
Page 5 of 22
The BMP will be approved by the Engineer prior to any work. The City of Newport
Beach will monitor the adjacent storm drains and streets for compliance. Failure of the
Contractor to follow BMP will result in immediate cleanup by City and back -charging the
Contractor for all costs plus 15 percent. The Contractor may also receive a separate
Administrative Citation per Section 14.36.030A23 of the City's Municipal Code,
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic
control and access in accordance with Section 7-10 of the Standard Specifications and
the Work Area Traffic Control Handbook (W.A.T.C.H.), latest edition, also published by
Building News, Inc.
Pedestrian access to all storefronts, offices, residences, etc., within the limits of work
must be maintained at all times. The Contractor shall cooperate with the Engineer to
provide advance notice to any and all establishments whose access will be impacted by
construction operations, particularly sidewalk construction. The Contractor shall furnish
and install signage, barricades, delineators, yellow safety ribbon, and any other
measures deemed necessary by the Engineer to safely direct the public around areas
_ - of construction, and into (and out -of) the affected establishments. Such measures shall
be shown on the Detailed Traffic Control Plans (see Section 7-10.3)."
7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add the following: "Construction materials and equipment may only be
stored in City right-of-way or property if approved by the Engineer. It is the
Contractor's responsibility to obtain an area for the storage of equipment and
materials. The Contractor shall obtain the Engineer's approval of a site for storage of
equipment and materials prior to arranging for or delivering equipment and materials to
the site. Prior to move -in, the Contractor shall take photos of the laydown area. The
Contractor shall restore the laydown area to its pre -construction condition. The
Engineer may require new base and pavement if the pavement condition has been
compromised during construction."
7-10.3 Street Closures, Detours and Barricades. Add to this section: "The
Contractor shall submit to the Engineer - at least five working days prior to the pre -
construction meeting - a traffic control plan showing typical closures and detour
plans(s). The Contractor shall be responsible for processing and obtaining approval of
traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the
conditions of the traffic control plan. Typical closures shall conform to the provisions of
the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition.
Traffic control and detours shall incorporate the following items:
A traffic control plan is required for work along and affecting Irvine Avenue
and shall be prepared and signed by a California 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.
Page 6 of 22
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 $1.54 per sign following any excessive abuse or wastage of the signs by
the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's
Police Department at (949) 644-3717 for verification of posting at least forty-eight hours
in advance of the need for enforcement. The signs shall (1) be made of white card
stock; (2) have minimum dimensions of 12 -inches wide and 18 -inches high; and (3) be
City of Newport Beach "Temporary Tow Away, No Parking" signs, which are
available at the Public Works Department public counter.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the
completed sign shall be reviewed and approved by the Engineer prior to posting.
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
Page 7 of 22
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 comparable sized 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).
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
Page 8 of 22
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 prepared and signed
by a California 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. 6-131-
31-F8) and GE 130 watt, 10,300 lumen (#ERS2-3-HX-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 130 watt, 10,300 lumen,
240 volt LED luminaire with shorting cap; furnishing and installing double fuse holder
with 5 amp fuses (Trop #HEX -AA) in adjacent pull box as per Detail 'C' as noted on the
plans; backfilling, compacting, restoring surface (full panels) to match adjacent area
including 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 111 (12'-3") Standard (Ameron Cat. No. 7-
132-12P) and GE 84 watt, 6,300 lumen (#EPTC-3-C3-41 -P-L-4-B-G RAY), 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
Page 9 of 22
Engineer; re -grouting; sawcutting; removing and disposing existing pavement section to
accommodate improvements; furnishing and installing new GE 84 waft, 6,300 lumen,
240 volt LED luminaire with shorting cap; furnishing and installing double fuse holder
with 5 amp fuses (iron #HEX -AA) in adjacent pull box as per Detail 'C' as noted on the
plans; backfilling, compacting, restoring surface (full panels) to match adjacent area
including 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 Existing Luminaire on Existing Streetlight Standard with New GE
130 watt, 10,300 lumen (#ERS2-3-HX-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 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.
Item No. 6 - 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 (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. 7 Replace Existing Luminaire on Existing Streetlight Standard with New GE
84 watt, 6,300 lumen (#EPTC-3-C3-4 1 -P-L-4-B-G RAY), 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 84 watt, 6,300 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.
Item No. 8 Remove and Salvage Existing Streetlight Standard: Work under this item
shall include, but not limited to, the cost of all labor, equipment and materials for
rotating existing street light standard; resetting on existing foundation to grade;
remounting existing mast arm and luminaire to match existing orientation; re -grouting;
restoring surface (full panels) to match adjacent area including irrigation systems;
disposing of excess excavated materials; and all other work items to complete work in
place. The degree of rotation shall be 1801 or as directed by the Engineer during
construction.
Item No. 9 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;
Page 10 of 22
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. 10 Reset Existing Streetlight Standard to Grade on New Foundation: Work
under this item shall include, but not limited to, the cost of all labor, equipment and
materials for resetting the existing street light standard on new foundation to grade per
Detail 'D' as noted on plans; removing and disposing existing foundation; grouting;
restoring surface (full panels) to match adjacent area including irrigation systems;
disposing of excess excavated materials; and all other work items to complete work in
place.
Item No. 11 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 new 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 180* or as directed by the Engineer during construction.
Item No. 12 Remove Existing Mast Arm and Luminaire, Install New 8' Dual Mast Arm
with New GE 130 watt, 10,300 lumen (#ERS2-3-HX-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 130 watt, 10,300 lumen, 240 volt
LED luminaires with shorting cap on existing street light standard; furnishing and
installing double fuse holder with 5 amp fuses (Trop #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. 13 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. 14 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. 15 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 #3YZ F pull box, or as
directed by the Engineer, concrete pull box per Detail 'B' as noted on the plans;
installing 24" of additional wiring and coil (pigtail) within pull box; removing existing
abandoned conduit and conductors; removing pavement; backfilling, compacting,
restoring surface (full panels) to match adjacent area including landscaping and
irrigation systems; disposing of excess excavated materials; and all other items to
complete work in place.
Page 11 of 22
Item No.16 Remove Existing Pull Box and Connect Conduit. Reconstruct Residential
Driveway Approach per City Std. Plan No. 163-L: 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. Work also includes removing existing driveway and installing
new PCC driveway per City Std. Plan No. 163-L.
Item No. 17 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. 18 Furnish and Install New #3-1/2 F Concrete Pull Box: Work under this item
shall include; but not limited to, the cost of all labor, equipment and materials for
furnishing -and installing.#3% 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. 19 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 '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. 20 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. The
Page 12 of 22
Contractor shall complete all work relating to installing or modifying service cabinets,
including, but not limited to, furnishing and installing equipment, coordinating with SCE,
and ensuring the new system is operational. Work shall be completed to the satisfaction
of the Engineer prior to proceeding with remaining scheduled work.
Item No. 21 Remove Existing 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. 22 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. The Contractor shall complete all work relating to installing or
modifying service cabinets, including, but not limited to, furnishing and installing
equipment, coordinating with SCE, and ensuring the new system is operational. Work
shall be completed to the satisfaction of the Engineer prior to proceeding with remaining
scheduled work.
Item No. 23 Remove and Salvage Existing Series Service Disconnect: Work under this
item shall include, but not limited to, the cost of all labor, equipment and materials for
removing, salvaging and delivering, or disposing existing series service disconnect,
electrical components, and appurtenances; coordinating with SCE for service
disconnection; removing pavement foundation, excavating, backfilling, compacting,
disposing of excess excavated materials, restoring surface (full panels) to match
adjacent area including irrigation systems as directed by the Engineer; disposing of
excess excavated materials; temporary patching or plating; controlling ground and
surface water; and all other items to complete work in place.
Item No. 24 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
Page 13 of 22
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.
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. 25 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 1-114" 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/parkway/street or as directed
by the Engineer.
Item No. 26 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. 27 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. 28 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. 29 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. 30 Furnish and Install New Conduit into Existing Pull Box. Splice New to
Existing Conductors. Furnish and Install New 248 Insulated Conductors and 148 Bare
Page 14 of 22
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
conduit (size as noted on Plans) into existing pull box; splicing new 248 insulated
conductors, 148 bare conductor, to existing conductors; 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. 31 Remove Existing Series Conductors Prior to Installing New Conductors.
Remove Existing Pull Box and Connect Existing 1-1/4" Conduit: 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, installing new conductors as noted on Plans in
existing/new conduit, 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, as directed by the Engineer; and all other work items to complete
work in place.
Item No: 32 -'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. 33 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. 34 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. 35 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.
Page 15 of 22
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 775 with 2 -inch minimum cover
unless shown otherwise on the plans."
SECTION 209 — ELECTRICAL COMPONENTS
209-2 MATERIALS
209-2.1 Electroliers. Street Light standards shall conform to the City of Newport
Beach Standard Special Provisions and Detail 'D', as noted on the plans.
Luminaire Mast Arms (LMA) for Type I & II Standards shall be Ameron 4' & 8' LMA,
respectively. Mast arms shall include top mount aluminum 4' & 8' LMA assembly with
removable top cap.
Luminaires for New Multiple Circuits
LED Luminaires shall be:
GE Evolve LED Post Top
84 watt 6,300 Lumen, 240 volt, EPTC-3-C3-41-P-L-4-B-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, E RS2-3-HX-EX-5-40-4-G RAY
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.
Page 16 of 22
209-2.3 Conduit. Unless otherwise noted on the plans, conduit shall be 1'/a"
Schedule 40 PVC per Detail 'N 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 Mersen/Ferraz Shawmut
Normal Blow GGUS 5A 120V Glass Fuses.
Pull boxes shall be Eisel Enterprises No. 3'/2 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.
Page 17 of 22
PART 3
SECTION 300 ---EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials. Add to this Section: "Removal and
disposal of material shall be done by City approved Licensed and Franchised
Commercial Solid Waste Haulers. A current list of approved haulers can be provided
upon request or be found on the City's website at:
http://www.newportbeach. ca.gov/generalservices"
300-1.3.1 General. Add to this section: "The work shall be done in accordance
with Section 300-1.3.2 of the Standard Specifications except as modified and
supplemented herein. Joins to existing pavement lines shall be full depth
sawcuts. Final removal between the sawcut lines may be accomplished by the
use of jackhammers or sledgehammers. Pavement breakers or stompers will
not be permitted on the job. The Engineer must approve final removal
accomplished by other means.
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
will remove any broken concrete, debris or other deleterious material from the job site at
the end of each workday. All areas of roadway removal and replacement shall have a
minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall
meet with the Engineer to mark out the areas of roadway removal and replacement."
300-1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley
Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly
made to a minimum of two (2) inches.' Replace the words '1-Y2 inch" of the last
sentence with the words "two (2) inches".
300-1.5 Solid Waste Diversion. Non -reinforced 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.
Page 18 of 22
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
and immediately contact the City's Urban Forrester for inspection.
Urban Forrester may require the Contractor to formally submit a
large roots to the City for review.
Page 19 of 22
work at that location
Upon inspection, the
plan for removing the
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.
4. Root Barrier
a. Following the root pruning process, root barriers shall be installed per Standard
Plans for Public Works Construction (SPPWC), latest edition, Standard Plan
523-2, and Standard Specifications for Public Works Construction, latest
edition.
Page 20 of 22
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.
Page 21 of 22
mNO
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."
Page 22 of 22
CITY OF
NEWPORT BEACH
City Council Staff Report
January 27, 2015
Agenda Item No. 22
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: 2014-2015 Streetlight Improvement Project — Award of Contract No. 5818 (CAP15-
0014)
ABSTRACT:
In an on-going effort to rehabilitate the City's aging streetlight system by increasing reliability and energy
efficiency and decreasing future maintenance costs, staff requests City Council approval to award the
2014-2015 Streetlight Improvement Project to Elecnor Belco Electric, Inc. of Chino, California.
RECOMMENDATION:
a) Approve the project plans and specifications;
b) Reject the low bid received from Horizons Construction Company International, Inc. (Horizons) as
non-responsive;
c) Award Contract No. 5818 to Elecnor Belco Electric, Inc. (Belco), for the total bid price of $930,484.00
and authorize the Mayor and the City Clerk to execute the contract;
d) Establish a contingency of $94,516.00, approximately 10 percent, to cover the cost of unforeseen
work; and
e) Approve Budget Amendment No. 15BA-026 appropriating $80,000.00 from Account No. 7015-
C1002044 (General Fund project savings from San Miguel Park Restroom project) to Account No. 7013-
C2201000 (General Fund Streetlight Replacement program).
FUNDING REQUIREMENTS:
It is recommended that project savings realized from the San Miguel Park Restroom project, recently
completed this fiscal year, be appropriated to this project account. Upon approval of the budget
amendment, sufficient funding is available for the award of this contract. The following funds will be
expended:
22-1
Account Description Account Number Amount
General Fund 7013-C2201000 $ 1,035,000.00
Total:$ 1,035,000.00
Proposed uses are as follows:
Vendor
Elecnor Belco Electric,
Elecnor Belco Electric,
TBD
DISCUSSION:
Purpose
Inc. Construction Contract
Inc. Construction Contingency
SCE Meter
Service/Printing/Incidentals
Amount
$ 930,484.00
$ 94,516.00
$ 10,000.00
Total:$1,035,000.00
At 10:00 a.m. on December 18, 2014, the City Clerk opened and read the following bids for the 2014-2015
Streetlight Improvement Project:
BIDDER
Low Horizons Construction Company International, Inc.
2 Elecnor Belco Electric, Inc.
3 International Line Builders, Inc.
4 High Light Electric, Inc.
5 California Professional Engineering, Inc.
6 Dynalectric - An EMCOR Company
7 Asplundh Construction Corporation
8 PTM General Engineering
9 Select Electric, Inc.
10 Minaka America Corporation
11 Village Green Global
* Non-responsive
** As read amount $875,697.50
*** As read amount $929,984.00
**** As read amount $1,338,675.00
***** As read amount $1,475,703.56
TOTAL BID AMOUNT
$ 884,147.50* **
$ 930,484.00***
$ 938,590.00
$1,038,888.00
$1,098,820.00
$1,161,694.00
$1,338,795.00****
$1,427,327.00
$1,475,696.00*****
$1,620,660.00
No Pricing Provided*
Pursuant to the contract stipulations the contractor shall have completed three comparable streetlight
projects. A review of the low bidder, Horizons Construction Company International, Inc.'s bid package
revealed they did not have any street lighting experience. Additional documentation to justify their
technical expertise was requested in a letter dated December 19, 2014, however, no information was
provided. Therefore, staff recommends Horizons' bid be deemed non-responsive.
The second low bidder, Elecnor Belco Electric, Inc., possesses a California State Contractors License
Classification "A" as required by the project specifications. A check of Belco's references indicates
satisfactory completion of similar capital improvement projects for other public agencies and municipalities.
Belco's total bid amount is approximately seven percent below the Engineer's Estimate of $1,000,000.00.
The work for this contract includes removing 214 streetlight fixtures, installing new energy efficient LED
streetlight fixtures, and upgrading three existing streetlight circuits per the City's Streetlight Replacement
Master Plan. The work area includes Irvine Avenue from Sherrington Place to Dover Drive and the
Westcliff neighborhood. The original project budget only anticipated upgrading two streetlight circuits. As
22-2
Public Works prepared the preliminary concepts and schematics, it decided to add a third street lighting
circuit (36 streetlights) to the design and bidding. Although the project slightly exceeds the existing budget,
staff estimated that this additional investment would advance future street light construction from next year
and replace the last remaining obsolete incandescent streetlight circuits. This additional work is
recommended and will remove an additional series circuit and provide on-going savings due to much
lower energy cost and reduced maintenance of this obsolete and inefficient circuit.
The estimated annual energy and maintenance cost savings associated with this project is $70,000, which
provides an approximately 13 year cost recovery period. Saving projections will be confirmed by Southern
California Edison data upon project completion.
Pursuant to the contract specifications, the contractor will have 100 consecutive working days to complete
the work.
ENVIRONMENTAL REVIEW:
This project is 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
Attachment A - Location Map
Attachment B - Letter to Horizons Construction Company International. Inc. dated 12/19/14
Attachment C - Budget Amendment
22-3
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2 - SLD CIRCUIT 0074
3 - SLD CIRCUIT 0076
A
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2014-2015 CITY OF NEWPORT BEACH
STREETLIGHT IMPROVEMENT PROJECT PUBLIC WORKS DEPARTMENT
LOCATION MAP
C-5818 1/27/15
22-4
ATTACHMENT B
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
David A. Webb, Public Works Director
December 19, 2014
Kinan Kotrash
Horizons Construction Company International, Inc.
432 W. Meats Avenue
Orange, CA 92865
Subject: 2014-2015 Streetlight Improvement Project - Contract No. 5818
Dear Mr. Kotrash,
Pursuant to our recent telephone conversation and following a review of your bidding
documents dated December 18, 2014 regarding to the 2014-2015 Streetlight Improvement
Project, you are aware, Horizons Construction Company International, Inc. (Horizons) is the
apparent low bidder with a bid of $884,147.50.
A review of your technical ability and experience did not include any electrical work. Page 8 of
22 of the Special Provisions states "The Contractor shall have maintained a contractor's license
for at least five years and completed, at a minimum, three comparable sized streetlight series
conversion projects. Projects and contacts shall be listed in the Technical Ability and
Experience Reference sheet." As the primary contractor you need to show Horizons has
experience working with high voltage series circuit. Currently, you have not illustrated you
have the experience or technical ability to complete this project.
If you would like to submit additional documentation as required contract documents showing
Horizons ability to perform quality work for our consideration and the City Council's
consideration. Please submit this information to me before 12:00 p.m. on December 22, 2014.
If satisfactory information is not provided Horizons' bid will be considered non-responsive.
Should you have any questions about this matter, please contact me at (949) 644-3316.
Sincerely,
Peter Tauscher, P.E.
Project Engineer
Cc: Mark Vukojevic, Deputy Public Works Director/City Engineer
Leonine Mulvihill, Deputy City Attorney
100 Civic Center Drive a Post Office Box 1768 a Newport Beach, California 92660 (P.O. Box 92658-8915)
Telephone: (949) 644-3330 • Fax: (949) 644-3308 • www.newoortbeachca.00v
22-5
ATTACHMENT C
City of Newport Beach
BUDGET AMENDMENT
2014-15
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Expenditure Appropriations
PX Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
=vol AUATIMP
NO. BA- 15BA-026
AMOUNT:$s0,o6o.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
X No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To transfer expenditure appropriations from the San Miguel Park Restroom project
to the FY15 Streetlight Improvement project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit Credit
REVENUE ESTIMATES (3601)
Fund/Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Division
Number
7015
Parks
Account
Number
C1002044
San Miguel Park Restroom $80,000.00
Division
Number
7013
Street
Account
Number
C2201000
Streetlight Improvement Program
/
' Automatic System
Signed:
Signed:
Signed:
Approval: Finance
Approval: City Manager
City Council Approval: City Clerk
l- ao-lS
Date
� Zo
Date
Date
22-6