HomeMy WebLinkAbout10 - Assessment District No. 111 and Underground Utilities District No. 22 Phases 2 & 3 — Award of Contracte �EvuPpRr
CITY OF
s NEWPORT BEACH
<,FORNP City Council Staff Report
August 25, 2020
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Michael J. Sinacori, Assistant City Engineer
msinacori@newportbeachca.gov
PHONE: 949-644-3342
TITLE: Assessment District No. 111 and Underground Utilities District No.
22 Phases 2 & 3 — Award of Contract No. 7833-1 (21A1 1)
ABSTRACT -
Construction bids have been received for the Underground Utilities Assessment District
No. 111 and Underground Utilities District No. 22 - Phase 2 & 3 project. Staff requests City
Council's approval to award the construction contract to Asplundh Construction Corporation.
RECOMMENDATION:
a) Approve the project plans and specifications;
b) Declare the bid packages submitted by Teichert Energy & Utilities Group, Inc of Sacramento
as non-responsive;
c) Award Contract No. 7833-1 to Asplundh Construction Corp. for the bid amount of
$6,969,777.79 for Underground Utility Assessment District No. 111 and Underground Utility
District No. 22 — Phase 2 and optional Phase 3, and authorize the Mayor and City Clerk to
execute the contract;
d) Establish a $700,000 (approximately 10 percent) contingency amount to cover the cost of
unforeseen work not included in the original contract;
e) Authorize the City Manager to execute reimbursement agreements with utility companies
for the Underground Utilities District No. 22 - Phase 2 & optional Phase 3 portion of the
project on an agreement approved as to form by the City Attorney;
f) Approve Amendment to Professional Services Agreement No. 7572-3 with NV5 of Irvine,
CA for an additional not -to -exceed fee of $236,807 for Construction Administration and
Residential Permit Support Services;
g) Approve Memorandums of Understanding (MOU) with the Cities of Monrovia, Mission Viejo
and Laguna Woods documenting details of the transaction for the Rule 20A credit
acquisition and authorize the City Manager and City Clerk to execute the MOUs;
h) Authorize staff to process Rule 20A credit transfers between the City of Newport Beach and
the Cities of Monrovia, Mission Viejo and Laguna Woods with SCE; and
10-1
Assessment District No 111 and Underground Utilities District No. 22 Phases 2 & 3 — Award
of Contract No. 7833-1 (19A11)
August 25, 2020
Page 2
i) Approve Budget Amendment No. 21-007 recognizing $5,195,419.59 in contribution
revenue funding from multiple utility companies in Account No. 13501-561007-21A11;
appropriating $5,195,419.59 in increased expenditures in Account No. 13501-980000-
21A11; and appropriating $204,512.35 in increased expenditures from the Neighborhood
Enhancement unappropriated fund balance to SCE Rule 20A Credit Purchase Account No.
53601-980000-20M03.
FUNDING REQUIREMENTS:
Upon approval of the proposed budget amendment, sufficient funding is available within the
adopted FY 2020-21 Capital Improvement Program budget. The construction contract will be
funded from the following sources:
Resident Self -Assessments via AD 111 $2,693,200.00
Contributions from Utility Companies $5,195,419.59
Public Works Department Operating Budget $17,965.20
Total $7,906,584.79
The resident self -assessments funds were previously appropriated when AD 111 was
approved by the residents and City Council on January 12, 2016 and included in the adopted
FY 2020-21 CIP budget. Residents had until April 30, 2020 to pay any portion or all of their
assessments. The balance of the assessments was funded by a bond sale approved by Council
on June 23, 2020, closed on June 26, 2020, and paid for solely by the residents.
The contributions from utility companies is included in the proposed budget amendment and
recognizes a total of $5,195,419.59 in increased contribution revenue from various utility
companies and appropriates $5,195,419.59 in increases expenditures for the utility companies'
share of the project. This includes a five percent administration charge.
The final $17,965.20 is included in the Public Works Department operating budget and will
cover the City's share of the cost to install a small section of fiber optics communication conduit
for the City's IT network.
The following funds will be expensed:
Account Descriation
Account Number
AD 111 Utility Construction (1) 66002-941032
UUD-22 Phase 2 & 3 (2) 13501-980000-21A11
General Fund 0108012-851010
Notes:
(1) Resident Funded (Assessment District)
(2) Utility Companies Funded
Amount
$ 2,693,200.00
$ 5,195,419.59
$ 17,965.20
Total: $ 7,906,584.79
10-2
Assessment District No 111 and Underground Utilities District No. 22 Phases 2 & 3 — Award
of Contract No. 7833-1 (19A11)
August 25, 2020
Page 3
Staff recommends establishing approximately a ten (10) percent contingency for unforeseen
conditions associated with construction.
Proposed fund uses are as follows:
Vendor
Purpose
Amount
Asplundh Construction Corp.
Construction Contract
$
6,969,777.79
Asplundh Construction Corp.
Construction Contingency
$
700,000.00
NV5
Construction Administration
$
236,807.00
Total:
$
7,906,584.79
The utility companies have agreed to a 5% administration fee above their construction cost to
cover most of the consultant construction administration expenses (NV5). AD -111 funds will
be used for the remaining NV5 contract covered by the utility companies.
The budget amendment also includes the appropriation of $204,512.35 from project savings in
the Neighborhood Enhancement fund to purchase additional Rule 20A credits from the Cities
of Monrovia, Mission Viejo and Laguna Woods. The adopted FY2020-21 CIP budget includes
$93,168.00 in available funding for Rule 20A credit purchases. The available credits from the
three cities require the additional budget authorization to purchase 100% of their credits. By
purchasing these additional credits, the entire project can be completed, which includes the
optional Court Street and McFadden alley areas.
DISCUSSION:
Underground Utility Assessment District No. 111 is the area between 31 st and 23rd Streets on
the east and west side of Balboa Boulevard and was approved by the property owners on
January 12, 2016 in anticipation of the Balboa Boulevard Underground Utility District No. 22
(UUD22) approved by the City Council in November 2013.
The City expected construction for this district to start in the fall of 2017. However, the
construction bids received by Southern California Edison (SCE) in January 2018 were much
higher than expected, higher than the property owners had approved funding for and higher
than the 20A funding SCE had available for the City to complete the Balboa Boulevard project.
Negotiations with SCE and their contractor failed, as costs were still over the available funding.
The City reviewed options with the City Council at their June 12, 2018 Council Meeting; either
the City could have provided more funding to complete the project as bid or request that SCE
re -design the work to get closer to within budget.
The City Council directed a re -design and during the re -design process, SCE recommended
splitting the Balboa Boulevard project into three phases to expedite the work. The City Council
also requested that we manage the construction of the Balboa Boulevard 20A project along
with the adjacent AD -116, AD -116b and AD -111 projects similar to how the City completed
AD -117 in Corona del Mar.
10-3
Assessment District No 111 and Underground Utilities District No. 22 Phases 2 & 3 — Award
of Contract No. 7833-1 (19A11)
August 25, 2020
Page 4
UUD22 Phase 1 of the Balboa Boulevard 20A project between River Avenue and 36th Street
was just recently completed along with AD -116 and AD -116b. System equipping by the utility
companies has begun along with resident conversion efforts.
The UUD22 Phase 2 portion of this project extends from 36th to 23rd Street. Phase 3 includes
the Court Street area and the McFadden Alleys between 23rd and 22nd and was bid as on
optional add area. SCE has confirmed 20A funding is available to complete the Phase 2 portion
of this project. However, until final accounting is done for the Phase 1, they are hesitant to fully
commit to the Phase 3 area. Staff continues to work with SCE on their accounting and will
know more in the next few months when final costs on Phase 1 are determined. This will
become clearer after SCE installs the system equipment and residents' complete conversions
to the new underground system. At this time, it does appear we will need additional Rule 20A
funds to complete the Phase 3.
To address the anticipated and potential funding gap, staff recommends purchasing the
additional Rule 20A credits offered by the Cities of Monrovia, Mission Viejo and Laguna Woods,
which will provide $541,237 in additional 20A funding at a rate of $0.55 on the dollar, for a total
cost of $297,680.35. The City Council has authorized Rule 20A credit purchases eight times
in the past, with the largest being a purchase of $2,722,215 from the City of Lynwood in 2019.
Purchase prices have ranged between $0.45 and $0.58 per Rule 20A credit dollar. Staff will
bring additional purchases in the future if needed for this project or for City Council's
consideration for the next priority project on Superior Avenue, assuming the Rule 20A program
continues in its current format.
At 10 a.m. on May 19, 2020, the City Clerk opened and read the following bids for this project:
*Non -Responsive Bid
A review of the bid package submitted by Teichert Energy & Utilities Group, the apparent low
bidder, revealed that the bidder failed to meet the bidding requirements by not attending the
mandatory pre-bid meeting with the appropriate team members nor did they submit all required
documents properly, therefore Teichert Energy & Utilities Group is non-responsive. On August
10, 2020, a letter was sent to Teichert Energy & Utilities Group informing them of staff's
determination (Attachment B) and staff now recommends award of this construction contract
to the second lowest bidder - Asplundh Construction Corporation.
The bid submitted by Asplundh Construction Corporation (Asplundh) is 0.4% below the
Engineer's Estimate of $7,000,000.
10-4
BIDDER
TOTAL BID AMOUNT
Low*
Teichert Energy & Utilities Group
$
6,883,775.00
2nd
Asplundh Construction Corporation
$
6,969,372.79
3rd
Doty Bros. Equipment Company
$
9,394,612.00
4th
A.M. Ortega Construction
$
9,968,706.31
5th
Arizona Pipeline Company
$
9,974,900.00
*Non -Responsive Bid
A review of the bid package submitted by Teichert Energy & Utilities Group, the apparent low
bidder, revealed that the bidder failed to meet the bidding requirements by not attending the
mandatory pre-bid meeting with the appropriate team members nor did they submit all required
documents properly, therefore Teichert Energy & Utilities Group is non-responsive. On August
10, 2020, a letter was sent to Teichert Energy & Utilities Group informing them of staff's
determination (Attachment B) and staff now recommends award of this construction contract
to the second lowest bidder - Asplundh Construction Corporation.
The bid submitted by Asplundh Construction Corporation (Asplundh) is 0.4% below the
Engineer's Estimate of $7,000,000.
10-4
Assessment District No 111 and Underground Utilities District No. 22 Phases 2 & 3 — Award
of Contract No. 7833-1 (19A11)
August 25, 2020
Page 5
Asplundh submitted all the necessary forms and possesses a Classification "A" California State
Contractors License as required by the project specifications. A check of the contractor's
references indicates satisfactory completion of similar projects for the City of Newport Beach
and other public agencies. Asplundh completed undergrounding utilities for Underground
Utility Assessment District No. 117 in Corona del Mar in June 2019 where poles were recently
removed. They also recently completed the Underground Utility Assessment Districts Nos. 116
and 116b and Phase 1 of the Utility Assessment District No. 22.
Work necessary to complete this contract consists of trenching, installing conduit, vaults,
handholes and pull boxes, removing existing overhead wiring, transformers and poles,
repaving and all other incidental items of work to complete work in place. The contractor will
have 220 working days to complete the work once given the notice to proceed. Construction
will be scheduled in phases to minimize impacts to residents and visitors. For example, the
contractor will be allowed to close alternating alleys to complete the work in a timely manner.
In addition, minimal lane closures will only be allowed on Balboa Boulevard between Memorial
Day and Labor Day to maintain summer traffic flow in the area. The anticipated construction
start date is mid-September and anticipated to take 10 months to complete. The project bid
package includes work for SCE, AT&T, Spectrum, Verizon, MCI, Crown Castle and for the
City's IT network for the Balboa Peninsula. With seven different entities involved in this project,
construction cost per company has been reduced greatly as well as impacts to the community.
In an effort to support continuity and the successful implementation of this project, NV5 will
provide Construction Administration Support Services. NV5 worked with Asplundh on the AD
116, 116b and UUD22 Phase 1 undergrounding project and has committed the same team
members for this new project. NV5 and Asplundh are both experienced and understand the
complex nature of utility undergrounding construction work.
Work is anticipated to begin on the UUD22 Phase 2 area beginning near 3611 Street heading
southbound on Balboa Boulevard. Within a month or so, and when the short-term rental use
slows down, a second crew will begin in the Assessment District No. 111 alleys. No work will
begin on the optional UUD22 Phase 3 portions of the project until confirmation of the necessary
20A funding is available.
ENVIRONMENTAL REVIEW:
On November 10, 2015 the City Council deemed this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302 (d) (conversion of
overhead electrical utility distribution lines where the surface is restored to the condition existing
prior to the undergrounding) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it will not have an adverse effect on the environment. The exemption was
posted and recorded at the County of Orange on November 20, 2015.
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).
10-5
Assessment District No 111 and Underground Utilities District No. 22 Phases 2 & 3 — Award
of Contract No. 7833-1 (19A11)
August 25, 2020
Page 6
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Teichert Energy Non-responsive bid letter
Attachment C — Amendment to Professional Services Agreement with NV5
Attachment D — MOUs with the Cities of Monrovia, Mission Viejo and Laguna Woods
Attachment E — Budget Amendment 21-007
10-6
ATTACHMENT A
0 m
m
0
H
ASSESSMENT DISTRICT 111, UNDERGROUND
UTILITY DISTRICT 22 - PHASES 2 (BALBOA) & 3
LOCATION MAP
STREET
2
-1
7 -
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-7833-1 8/25/20
10-7
ATTACHMENT B
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3311 1 949 644-3308 FAX
newportbeachca.gov/publicworks
August 10, 2020
Sent via Certified Mail (Return Receipt Requested) and via E -Mail to:
JSol isCa)teichert.com
Teichert Energy & Utilities Group, Inc.
Attn: John Solis, Regional Manager Southern California
3780 Kilroy Airport Way, Suite 700
Long Beach, CA 90806
Subject: Determination of Non -Responsiveness of Contractor's Bid C-7833-1
AD -111, UUD22 (Balboa Blvd.) Phase 2 & Court St. /McFadden Alleys Project
Dear Mr. Solis:
The City of Newport Beach ("City") received the bid submittal of Teichert Energy & Utilities
Group, Inc. ("Contractor") on May 19, 2020 in response to the City's Notice Inviting Bids
("Bid Package") (Attachment 1) for the Assessment District No. 111, Underground Utility
District 22 (Balboa Boulevard) Phase 2 and Court Street/McFadden Alley ("Project").
The City's Instructions to Bidders (Attachment 1, PDF page 3 of 35)) requires the
successful Contractor to fill out and submit a number of forms, including, but not limited
to:
a) All Addenda to Plans and Specifications as issued by the Agency prior to
Bid Opening Date;
b) Non -Collusion Affidavit; and
c) Designation of Sureties.
In submitting its bid response, Contractor failed to fulfill the City's requirements for the
following reasons:
1. Contractor failed to be represented by its CEO/Owner who would be signing
the contract documents, or Superintendent who would be managing the
Project at the MANDATORY video conference Pre -Bid Meeting on April 16,
2020, as set forth on pages 1 and 5 of the Bid Package.
2. Contractor failed to sign the Non -Collusion Affidavit, as set forth on page
15 of the Bid Package (Attachment 1, page 19 of 35).
For these reasons, the City has determined that Contractor's bid for the Project is
nonresponsive.
Public Works Department
10-8
As you are aware, pursuant to Section 7 of the Instructions to Bidders the City reserves
the right to reject any bid and to waive any minor, immaterial irregularity or informality in
such bids. If a bid defect is material, the City must reject the bid. (See, e.g. MCM
Construction, Inc. v. City and County of San Francisco (1998) 66 Cal.AppAth 359, 373-
77.) The City has determined that the defects in Contractor's bid are material. As such,
the City has determined not to waive these defects in Contractor's bid. The bid defects
could have affected the amount of the bid or given Contractor an advantage or benefit not
allowed to other bidders. (See Konica Business Machs. U. S.A., Inc. v. Regents of Univ.
of Cal. (1988) 206 Cal. App. 3d 449, 456-57.)
If you have any questions or comments, please contact me at 949-644-3342 or
MsinacoriC@newportbeachca.gov.
Sincerely,
Michael J. Sinacori, P.E.
Assistant City Engineer & Project Manager
Cc: Jim Houlihan, Deputy Public Works Director/City Engineer
Alfred Castanon, Project Engineer
Attachments: 1) Bid Package (as submitted by Teichart Energy & Utilities Group, Inc.)
10-9
Teichert Energy & Utilities Group, Inc.
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids shall be submitted to the office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
By 10:00 AM on the 5th day of May, 2020,
at which time such bids shall be opened and read for
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
(Area Bounded by Newport Boulevard, 231 Street, Ocean Front W and 315' Street)
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
(Balboa Boulevard between 36th Street and 23rd Street)
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT STREET
(Area Bounded by 231 Street, 20" Street, Balboa Boulevard and Ocean Front W)
Contract No. 7833-1
$7,000,000.00
Engineer's Estimate
SEW Pp�T
U r
xP
'L! FO i1t
Approved by
James Illl: Houlihan
,uty PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans via
PlanetBids:
http://www.planethids.com/portal/portal.cfm?CompanylD=22078
MANDATORY PRE-BID
A mandatory video conference pre-bid MEETING will be conducted for this project on
APRIL16, 2020 at 10:30 am. Information regarding video conferencing will be noticed to
registered bidder. Bidders who do not participate may be considered non-responsive.
Hard copy bid documents will be available by SHIPPING ONLY on March 27,2020 from:
Mouse Graphics, 659 W. 19th Street, Costa Mesa, CA 92627
Email INFO(&-SENDMOUSE.CON or call (949) 548-5571 for shipping information
ALL GENERAL CONTRACTORS ARE REQUIRED TO ORDER ONE SET TO BID PROJECT
Contractor License Classification(s) required for this project: "A"
For further information, call Michael J. Sinacori P.E., Proiect Manager at (949) 644-3342
10-10
Teichert Energy & Utilities Group, Inc.
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT STREET
Contract No. 7833-1
TABLE OF CONTENTS
NOTICE INVITING BIDS......................................................................................... Cover
INSTRUCTIONS TO BIDDERS.......................................................................................3
BIDDER'S BOND............................................................................................................6
COMPLIANCE WITH CIVIL RIGHTS ACT & AFFIRMATIVE ACTION REQ...................9
DESIGNATION OF SUBCONTRACTOR(S)..................................................................10
TECHNICAL ABILITY AND EXPERIENCE REFERENCES..........................................11
NON -COLLUSION AFFIDAVIT..................................................................... 15
DESIGNATION OF SURETIES...................................................................... 16
CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................17
ACKNOWLEDGEMENT OF ADDENDA........................................................................19
INFORMATION REQUIRED OF BIDDER.....................................................................20
NOTICE TO SUCCESSFUL BIDDER...........................................................................23
CONTRACT................................................................................................................... 24
LABOR AND MATERIALS PAYMENT BOND .............................................Exhibit A
FAITHFUL PERFORMANCE BOND............................................................Exhibit B
INSURANCE REQUIREMENTS..................................................................Exhibit C
PROPOSAL............................................................................................................... PR -1
SPECIAL PROVISIONS............................................................................................ SP -1
0�
10-11
Teichert Energy & Utilities Group, Inc.
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT STREET
Contract No. 7833-1
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
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. Original copies must be
submitted to the City Clerk's Office.
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.
3
10-12
Teichert Energy & Utilities Group, Inc.
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, anc requesting one from, the Department of Industrial Relations. Ail parties
to the contract shall be gcverned by ali prov,sions 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. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on
or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor
Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor
Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works project
(awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. 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.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of
itself or a subcontractor that lacks privity of contract with the City but has requested that contractor
proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time
extension, payment by the City for money or damages arising from work done by, or on behalf of, the
contractor and payment for which is not otherwise expressly provided or to which the claimant is not
otherwise entitled, or for payment of an amount that is disputed by the City, the following is a
summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement identifying
the portions of the claim that are disputed and undisputed. This time period may be extended by
mutual agreement. The claimant shall furnish all reasonable documentation to support the
claim. If the City needs approval from its City Council to provide the written statement and the
City Council does not meet within the prescribed time period, the City shall have up to 3 days
following the next regular meeting of the City Council to provide the written statement. Payment
of the undisputed portion of the claim shall be made within 60 days after the City issues its written
statement.
4
10-13
Teichert Energy & Utilities Group, Inc.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal meet and
confer conference, which shall be scheduled within 30 days of receipt of claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall
provide a written statement identifying the portion of the claim that remains in dispute and the
undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60
days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar
nonbinding process, with the City and claimant sharing the costs equally and agreeing to a
mediator within 10 business days. If the parties cannot timely agree on a mediator, each party
shall select a mediator and those mediators shall select a qualified neutral third party to mediate
the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall
be addressed using procedures outside of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in
its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the
responsibility or qualifications of the claimant.
E. MANDATORY video conference Pre -Bid Meeting attendance is required for this Project. The
meeting will be conducted on APRIL16, 2020 at 10:30 am. Information regarding video
conferencing will be noticed to registered bidder. All contractors wishing to bid on this project shall
be represented by its CEO/Owner who will be signing the contract documents, or Superintendent
who will be managing the Project, at this mandatory meeting. Bidders who do not participate may
be considered non-responsive.
The signature below represents that the above has b n rev' il.
1051426 - A ''3 John Solis - Regional Manager,
Contractor's License No. &Classification orized Signature/Title Southern a ornia
1000064848 - 6/30/21
DIR Registration Number & Expiration Date Date
Teichert Energy & Utilities Group, Inc.
Bidder
5
10-14
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT STREET
Contract No. 7833-1
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 (10%) of the Total Amount Bid
Dollars ($— ------------------ ), to be paid and forfeited to the City of Newport Beach if the bid
proposal of the undersigned Principal for the construction of UNDERGROUND UTILITY ASSESSMENT
DISTRICT NO. 111, UUD 22 - PHASE 2 and UTILITY UNDERGROUNDING FOR MCFADDEN ALLEYS
AND COURT STREET, Contract No. 7833-1 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 29th day of
Teichert Energy & Utilities Group, Inc.
Name of Contractor (Principal)
Liberty Mutual Insurance Company
Name of Surety
2020.
Signature/Title
HOME OFFICE: 175 Berkeley Street, Boston, MA 02116
AIF: 525 Market Street, #3400 Bradley N. Wright, Attorney in Fact
San Francisco, CA 94105
Address of Surety Print Name and Title
AIF: 415-955-0120
Telephone
L
re
10-15
(Notary acknowledgment of Principal & Surety must be attached)
ACKNOWLEDGMENT
State of California
County of }ss.
On before me,
personally appeared
Notary Public,
,who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Please see attached for
CA, Civil Code ,/
Section 1189 compliant
Acknowledgement
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Thumbprint of Signer
n
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
7
Check here if
no thumbprint
or fingerprint
is available.
10-16
ACKNOWLEDGMENT
. ■ ■ ■ 1 ■ ■ ■ n 6 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ n d ■ ■ ■ ■ ■ ■ ■ e o ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ s ■ • ■ ■ ■ ■ ■ ■ ■ ■ 0 ■ ■ ■ ■ ■ ■ ■ ■ ■ m o ■ ■ ■ ■ ■ ■ ■
State of California
County of }ss.
On
personally appeared
before me,
Notary Public,
,who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
0
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
is available.
10-17
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Contra Costa
On APRIL 29, 2020
before me, S. Nicole Evans, Notary Public
(insert name and title of the officer)
personally appeared BRADLEY N. WRIGHT ---------------------------------------------------
who proved to me on the basis of satisfactory evidence to be the person( whose name( is/
subscribed to the within instrument and acknowledged to me that he/stt#�,.;(executed the same in
his/fterAkdrauthorized capacity(ies), and that by his/heritheec signatureO 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.
official seal. S. NIC LE Ev.kNs
WITNESS my hand and o
Notary Public - California z
A-1-110"
San Francisco County a
Commission # 2171977
`b 701�My Comm. Expires Dec 11, 2020
Signature - (Seal)
10-18
Liberty
Mutual.
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8196953 - 396022
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Carolyne
Emery, S. Nicole Evans, Frances M. Murphy, Bradley N. Wright
all of the city of San Francisco state of California each individually If there be more than one named, its true and lawful attomey-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 5th day of October , 2018
Liberty Mutual Insurance Company
1N8uq �tY INS& tNSUR The Ohio Casualty Insurance Company
�J 4oRPortgrgyC+ 5JP°oRPDPar�y �GP4oRPORgrq�n West American Insurance Company
J a bin v3 �n W bc�+
1912 n c y1919�o a 1991 0
��? ssacNVs�aa� yoHaens�`' da (�+ MDt�Na as
By: r
David M. Carey, Assistant Secretary
State of PENNSYLVANIA ss
County of MONTGOMERY
rn c
O On this 5th day of October , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance O
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 8 W
WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at IGng of Prussia, Pennsylvania, an the day and year first above written,
�t PAST
COMMONWEALTH OF PENNSYLVANIA
e Notarial Seal
T
OF Teresa Pastella, Notary Public
Upper Merion Twp., Montgomery County By:
`Jpty�aG My Commission Expires March 28, 2021 Teresa Pastella, Notary Public
4Ry 9 Member, Pennsyivania Association of Notaries
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance
Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV — OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President
may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and ail
undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full
power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall
be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this
article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII— Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same farce and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 29 day of APRIL , 2020 .
PV 1NSUipq SY INS&,p � %Ns(j
J ORPO/j�
2c reo n� Q g` rFO n
1912 c 1919 e Q 1991
V,olS4c�u9�a a yon ygMvs- as mss, �DinxP da By Renee C. Llewellyn, Assistant Secretary
LMS -12873 LMIC OCIC WAIC Multi Co 062018
10-19
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of los A"s
On 14 roro before me, 1;sat �h,ia , Notary Public,
(Here insert name and titM of the officer)
personally appeared
who proved to me on the basis of satisfactory evidenc to be the person whose name is/are subscribed to
the within in rument and cknowledged to me th t e she/they exec ed the same iVeentity
er/their authorized
capacity(i , and that by s/her/their signature the instrument the persons or upon behalf of
which th pe )act executed the instru ent. /
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correp%^}
WITNESS my �a*d 4nd official seal.
Signature of Notary
LISA MENDOZA
COMM. #2258109 �
NOTARY PUBLIC • CAUFORNIA
LOS ANGELES COUNTY
T.
(Notary Seal) My Comm. Expires Oct. 11, 2022
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
CoK,�Vc,c. - N a. —n33 -
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Dat edZ-f
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
�Co orate Off' er
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
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 tide (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/tlmey— is /a;e ) 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
G 2004-2015 ProLink Signing Service, inc. -All 100ts Reserved www: treProLink.com - Natiomvide Notary Service
City of Newport Beach Teichert Energy &Utilities Group, Inc.
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT STREET
Contract No. 7833-1
COMPLIANCE WITH CIVIL RIGHTS ACT
AND
AFFIRMATIVE ACTION REQUIREMENTS
1) During the performance of the construction contract, contractor shall agree to and be bound by
the following:
a) Equal Employment Opportunity
In connection with the execution of the contract, contractor shall not discriminate against
any employee, or applicant for employment because of race, religion, color, gender, age,
marital status, sexual orientation, AIDS or AIDS-related symptoms (including HIV
positive findings), or national original. Actions encompassed by this prohibition shall
include, but not be limited to, the following employment, upgrading, demotion or transfer,
recruitment, or recruitment advertising; layoff or termination; rate of pay, or other forms
of compensation; and selection for training, including apprenticeship.
b) Sanctions for Noncompliance
In the event of the contractor's noncompliance with the non-discrimination provisions of
the contract, City shall impose such contract sanctions as City may determine to be
appropriate, including, but not limited to:
(1) withholding of payments to contractor under the contract until contractor
complies, and/or
(2) cancellation, termination, or suspension of the contract, in whole or in part.
Teichert Energy & Utilities Group, Inc.
Bidder
9
John Solis -
Signature/Title
nal Manager,
California
10-21
City of Newport Beach Teichert Energy & Utilities Group, Inc.
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT STREET
Contract No. 7833-1
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: Strive Concrete Cutting, Inc.
Sawcut existing Asphalt and Concrete
Address: P.O. Box 1970 Tustin, CA 92781
1, 2, & 3
pavement
0.90%
Phone: 714-630-9881
State License Number: 900346
DIR Reference: 1000008864
Email Address: schavez@striveconcrete.com
Name:
Address:
Phone:
State License Number:
DIR Reference:
Email Address:
Name:
Address:
Phone:
State License Number:
DIR Reference:
Email Address
Teichert Energy & Utilities Group, Inc.
Bidder
r
4Autl ohn Solis - Re 'onal Manager,
Southern CaliforniaT
10
10-22
i eicnert Energy & utmues croup, inc.
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT STREET
Contract No. 7833-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name Teichert Energy & Utilities Group, 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 $120,000, provide the following information:
No. 1 Block 4Y UUP
Project Name/Number
Project Description
Converting Overhead Utilities to Underground
Approximate Construction Dates: From March 2020
Agency Name City of San Diego
Contact Person Taylor Cox
To: March 2024
Telephone (619) 533-3033
Original Contract Amount $14,842,975.00 Final Contract Amount $
TBD
If final amount is different from original, please explain (change orders, extra work, etc.)
N/A
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
10-23
Teichert Energy & Utilities Group, Inc.
No. 2
Project Name/Number. Naval Base Coronado Coastal Campus Force Main Project
Project Description Modify Sewer Pump Station and install 14,300 LF of 8" HDPE SS Force Main
Approximate Construction Dates: From October 7, 2019 To: March 6, 2020
Agency Name City of Coronado
Contact Person Ed Walton
Telephone (619) 522-7383
Original Contract Amount $3,642,000.00Final Contract Amount $ TBD
If final amount is different from original, please explain (change orders, extra work, etc.)
The project is in closing out process.
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. Caltrans Project 07-312004
Project Description Modify Traffic Comm and Electrical Systems - Routes 2, 5, 101, 105, and 110
Approximate Construction Dates: From March 6, 2020
Agency Name Caltrans District 07
To: March 2022
Contact Person Adelia Fonseca Telephone (916) 227-1995
Original Contract Amount $28,250,000.00Final Contract Amount $ TBD
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
NO
12
10-24
Teichert Energy & Utilities Group, Inc.
No. 4
Project Name/Number Westminster Boulevard Force Main Replacement Project
Project Description Construct Two (2) 36 -Inch HDPE Force Mains - Approximately 14,500 LF
Approximate Construction Dates: From January 27, 2020 To: October 2022
Agency Name Orange County Sanitation District
Contact Person Charles Dalton
Telephone (714) 962-2411
Original Contract Amount $17,743,0w-00 Final Contract Amount $
TBD
If final amount is different from original, please explain (change orders, extra work, etc.)
N/A
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. 5
Project Name/Number
OCW BR -01-04 W. Wagstaff Paradise
Project Description Convert Overhead Utilities to Underground and Install New Gas Main and Services
Approximate Construction Dates: From November 4, 2019
Agency Name Pacific Gas & Electric
T0: March 2020
Contact Person Matthew D'Luzansky Telephone (757) 846-0772
Original Contract Amount $661,000.00 Final Contract Amount $ 999,946.19
If final amount is different from original, please explain (change orders, extra work, etc.)
Extra work in the form of a Change Order. additional footage was installed than originally planned per
the bid set.
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
13
10-25
No. 6
Project Name/Number
OCW BR -04-07 Crestmoor Paradise
ICIUMn r.uergy o[ uuuueS uruuN, iiic.
Project Description Convert Overhead Utilities to Underground and Install New Gas Main and Services
Approximate Construction Dates: From October 21, 2019 To: March 2020
Agency Name Pacific Gas & Electric
Contact Person Matthew D'Luzansky Telephone (757) 846-0772
Original Contract Amount $960,000.00 Final Contract Amount $ 2,229,900.49
If final amount is different from original, please explain (change orders, extra work, etc.)
Extra work in the form of a Change Order. additional footage was installed than originally planned per
the bid set.
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
sufficiently comprehensive to permit an app
conditions.
Teichert Energy & Utilities Group, Inc.
Bidder
14
-s#�tement and other information
the Contractor's current financial
V John Solis, Regiona
Signature/Title Southern California
Manager
10-26
3780 Kilroy Airport Way, Suite 700
Long Beach, CA 90806
(562)283-2900
- A�
iEICHEIiT ENERGY &
'UTILITIES GROUP, INC.
Mike Luna
General Superintendent
(213)369-0346
mluna e,teichert.com
Experience in all aspects of underground wet side utilities including; sanitary sewer, storm drain, SUSMP devices, hydronic
piping, water mains and appurtenances, this includes both private and public works projects ranging in size from 1" to 96".
Supervised many large-scale dry side conduit installation projects. Extensive experience utilizing three dimensions models in
the field and implementing the BIM process during installation.
Oriented team leader providing direction to multiple crews on multiple projects and performing the associated duties including
not only supervision of manpower, but also purchasing, detailing, coordination, scheduling, problem solving, submittals, RFI's
and estimating.
Employment History:
Teichert Utilities; 2019 — Present — General Superintendent
Murray Company; 2013 — 2019 — Superintendent
Murray Company; 2011— 2013 - Operator Foreman
Atkinson Construction; 2010 — 2011 - Operator Foreman
Flatiron Construction; 2009 — 2010 - Operator Foreman
SRD Engineering; 2007 — 2009 - Operator Foreman
SRD Engineering; 2003 — 2007 - Labor Foreman
SRD Engineering; 2001 — 2003 - Laborer
Notable Projects:
Providence Tarzana Medical Center, Tarzana, CA
LAX Midfield, Los Angeles, CA
LAX Terminal 1.5, Los Angeles, CA
Disney Advanced Work, Anaheim, CA
Disney Frontierland Expansion, Anaheim, CA
Spruce Goose Hangar Repurposed Office Space, Los Angeles, CA
LAX TBIT Renovations, Los Angeles, CA
USC McClintock, Los Angeles, CA
USC Childs Way, Los Angeles, CA
Kaiser Permanente, Irwindale, CA developers throughout Southern California.
Kaiser Permanente, Sunset LACMA, Los Angeles, CA
Universal Studios P-384 Make Ready, Universal City, CA
Universal Studios P-384, Universal City, CA
Rancho Los Amigos Make Ready, Los Angeles, CA
Rancho Los Amigos (Wellness & OPB Site Work), Los Angeles, CA
Expo Light Rail, Los Angeles, CA
Certifications: OSHA 30 Hour
Competent Person
Confined Space Certified
10-27
City of Newport Beach Teichert Energy &Utilities Group, Inc.
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT STREET
Contract No. 7833-1
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
County of Los Angeles )
John Solis , being first duly sworn, deposes and says that he or she is
Regional Manager, Southern California of Teichert Energy & Utilities Group, 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.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.
Teichert Energy & Utilities Group, Inc. John Solis - Regional Manager,
Bidder Authorized Signature/Title Southern California
Subscribed and sworn to (or affirmed) before me on this day of /, 22020
by , prov o me on the basis of satisfactory
evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY u the laws of the State of California that the foregoing
paragraph is true and correct.
*SEE ATTACHED JURAT
Notary Public
15
My Commission Expires:
10-28
Teichert Energy & Utilities Group, Inc.
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT STREET
Contract No. 7833-1
DESIGNATION OF SURETIES
Bidder's name Teichert Energy & Utilities Group, 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):
Bonds -
Surety Co. - Liberty Mutual -1340 Treat Blvd., Ste. 550; Walnut Creek, CA 94597
Bonding Co. - Willis Insurance Services of CA - 525 Market Street, #3400; San Francisco, CA 94105
Insurance -
EPIC -10877 White Rock Road, Ste. 300; Rancho Cordova, CA 95670
16
10-29
City of Newport Beach Teichert Energy &Utilities Group, Inc.
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT STREET
Contract No. 7833-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name Teichert Energy & Utilities Group, 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.
17
10-30
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2019
2018
2017
2016
2015
Total
2020
No. of contracts
85
318
399
430
521
176
1,929
Total dollar
Amount of
$255,707,899
$819,835,280
$699,633,697
$720,203,941
$608,585,771
$864,611,110
$3,968,577,698
Contracts (in
Thousands of $
No. of fatalities
0
0
0
0
0
0
0
No. of lost
Workday Cases
0
5
8
5
4
6
28
No. of lost
workday cases
involving
permanent
transfer to
0
4
1
2
7
12
26
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
17
10-30
Teichert Energy & Utilities Group, Inc.
Legal Business Name of Bidder Teichert Energy & Utilities Group, Inc.
Business Address:
Business Tel. No.:
State Contractor's License No. and
Classification:
3780 Kilroy AirRort Wy #700, Long Beach, CA
916-484-3372
1051426 - A
Title Regional Manager, Southern California
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. �1
Signature of Z ` +�✓
bidder ,
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
171oP-1�
John Solis - Regional Manager, Southern California
*SEE ATTACHED CORPORATE RESOLUTION
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 ATTACHEDI
18
10-31
Teichert Energy & Utilities Group, Inc.
TEICHERT ENERGY & UTILITIES GROUP, INC.,
3500 American River Drive, Sacramento, California 95864
i, PAULA D. JAMES, Secretary of TEICHERT ENERGY & UTILITIES GROUP, INC.,_a California
Corporation, certify that the following is a true and correct copy of a resolution unanimously
passed and adopted by the Board of Directors of this corporation at a meeting held on August 7,
2019:
RESOLVED, That
THOMAS J. GRIFFITH
President
and RONALD L. GATTO Executive Vice President,
Chief Financial Officer &
Assistant Secretary
and ERIC STREICH Vice President & General Manager
and PAULA D. JAMES Secretary
acting in combination, are authorized on behalf of this corporation and in its name or in any of
the fictitious names under which this corporation does business, to sign, seal, acknowledge,
verify and deliver deeds, deeds of trust, mortgages, pledges, transfers, promissory notes, and any
other documents and instruments relating to the business and properties, real and personal, of
this corporation;
RESOLVED FURTHER, That the following employees of this corporation:
John Solis Regional Manager, Southern California
Curt Brown Director of Business Development
Ken Schardt General Manager, Solar
Jake Creger Regional Manager, Northern California
are designated as attorneys in fact of this corporation with full authority to execute proposals,
bids, bonds, contracts, and agreements for construction work.
DATED: C- I I
� .L
10-32
City of Newport Beach Teichert Energy &Utilities Group, Inc.
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT STREET
Contract No. 7833-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name Teichert Energy & Utilities Group, Inc.
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of
addenda to bid documents:
Addendum No. Date Received Si nture
1 04/30/2020
2 05/15/2020
19
10-33
City of Newport Beach Teichert Energy &Utilities Group, Inc.
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT STREET
Contract No. 7833-1
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: Teichert Energy & Utilities Group, Inc.
Business Address: 3780 Kilroy Airport Wy #'700; Long Beach, CA
Telephone and Fax Number: 916-484-3372
California State Contractor's License No. and Class: 1051426. a
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 3/19/19 Expiration Date: 3/31/21
List the name and title/position of the person(s) who inspected for your firm the site of the work
proposed in these contract documents:
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and company or corporate officers having a principal
interest in this proposal:
Name Title Address Telephone
*SEE ATTACHED CORPORATE RESOLUTION
Corporation organized under the laws of the State of California
20
10-34
Teichert Energy & Utilities Group, Inc.
The dates of any voluntary or involuntary bankruptcy judgments against any principal having
an interest in this proposal are as follows:
N/A
All company, corporate, or fictitious business names used by any principal having interest in
this proposal are as follows:
NIA
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved
in with public agencies in the past five years (Attach additional Sheets if necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
N/A
Briefly summarize the parties' claims and defenses;
N/A
Have you ever had a contract terminated by the owner/agency? If so, explain.
N/A
Have you ever failed to complete a project? If so, explain.
For any projects you have been involved with in the last 5 years, did you have any claims or
actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing
wage, falsifying certified payrolls, etc.)? Yes / No- x
Are any claims or actions unresolved or outstanding? Yes / No - x
21
10-35
Teichert Energy & Utilities Group, Inc.
If yes to any of the above, explain. (Attach additional sheets, if necessary)
N/A
Failure of the bidder to provide ALL requested information in a complete and accurate manner
may be considered non-responsive.
Teichert Energy & Utilities Group, Inc.
Bidder
*SEE ATTACHED CORPORATE RESOLUTION
(Print name of Owner or President
of Corporation/Company)
John Solis
Authorized Signature/Title
Regional Manager, Southern California
Title
Date
On before me, Notary Public, personal ppeared
who proved to me on the b of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and y his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the pers acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the a of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
*SEE ATTACHED ACKNOWLEDGEMENT
(SEAL)
Notary Public in a or said State
Expires:
22
10-36
Teichert Energy & Utilities Group, Inc.
TEICHERT ENERGY & UTILITIES GROUP, INC.,
3500 American River Drive` Sacramento, California 95864
1, PAULA D. JAMES, Secretary of TEICHERT ENERGY & UTILITIES GROUP, INC.,_a California
Corporation, certify that the following is a true and correct copy of a resolution unanimously
passed and adopted by the Board of Directors of this corporation at a meeting held on August 7,
2019:
RESOLVED, That
THOMAS J. GRIFFITH
and RONALD L. GATTO
and ERIC STREICH
and PAULA D. JAMES
President
Executive Vice President,
Chief Financial Officer &
Assistant Secretary
Vice President & General Manager
Secretary
acting in combination, are authorized on behalf of this corporation and in its name or in any of
the fictitious names under which this corporation does business, to sign, seal, acknowledge,
verify and deliver deeds, deeds of trust, mortgages, pledges, transfers, promissory notes, and any
other documents and instruments relating to the business and properties, real and personal, of
this corporation;
RESOLVED FURTHER, That the following employees of this corporation:
John Solis Regional Manager, Southern California
Curt Brown Director of Business Development
Ken Schardt General Manager, Solar
Jake Creger Regional Manager, Northern California
are designated as attorneys in fact of this corporation with full authority to execute proposals,
bids, bonds, contracts, and agreements for construction work.
DATED: C- I
10-37
Teichert Energy & Utilities Group, Inc.
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT STREET
Contract No. 7833-1
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within ten (10)
days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of
Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract Documents.
Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of
bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile
Liability Insurance Endorsement shall be provided as required by the Contract documents and
delivered to the Public Works Department within ten (10) working days after the date shown on the
Notification of Award to the successful bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an
insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision
of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders'
Rafting A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition
of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard
Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of
Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed
and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have
been received and approved by the City.
23
10-38
Teichert Energy & Utilities Group, Inc.
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT STREET
Contract No. 7833-1
SAMPLE CITY CONTRACT
24
10-39
Teichert Energy & Utilities Group, Inc.
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT
STREET
Contract No. 7833-1
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
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. 7833-1 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:
Date
916-484-3372
Bidder's. Telephone and Fax Numbers
1051426 - A
Bidder's License No(s).
and Classifications)
1000064848
DIR Registration Number
Bidder's email address: JSolisCdteichert.com
Teichgergy & Utilities Group, Inc.
B' d
John Solis - Regional Manager,
Southern lifornia
Bidder's Authorized Signature and Title
3780 Kilroy Airport Wy #700; Long Beach, CA
Bidder's Address 90806
10-40
Teichert Energy & Utilities Group Inc.
Pagel of 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS & COURT STREET
CONTRACT NO 7833-1
DATE: April 30, 2020 BY:
City Engineer
TO: ALL PLANHOLDERS
The following changes, additions, deletions, or clarifications shall be made to the Contract
Documents — all other conditions shall remain the same.
NOTICE INVITING BIDS
Change bid opening to 10:00 AM on May 19, 2020.
Attached, please find the list of qualified bidders who attended the mandatory pre-bid
meeting.
SPECIAL PROVISIONS
314-4.1 General
Add the following after the first paragraph:
The contractor will replace all striping and markings including permanent
thermoplastic striping affected by construction and shall be considered included in
the Lump Sum price and no additional compensation will be allowed thereof.
Appendix D: Channel Vault 2020 pricing has been updated. Please refer to Appendix D
attached here and on PlanetBids.
10-41
Teichert Energy & Utilities Group Inc.
Page 2 of 2
Appendix G Sample Schedule of Values: Appendix G attached here and uploaded to
PlanetBids has been added that provides a sample format for schedule of values.
PLANS
Replace plans with revised plan set that includes Spectrum plans and revisions to Extenet
plans. Revised plan set can be downloaded from PlanetBids. For Spectrum mainline and
service trenching assume all are joint trench, regardless where service drops are on
private property. All handholes on Balboa Boulevard shall be placed in the sidewalks.
For Plan Sheet 8 of 9 on the Traffic Control Plans: Replace note that reads "PUT TRAFFIC
SIGNAL ON ALL WAY FLASH..." with "COORDINATE WITH CITY TO PLACE SIGNAL
ON ALL -WAY FLASH DURING INTERSECTION WORK".
Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may
not be considered unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
Utl I ties G► , Zn c
Bidder's Name (Please Print)
s
JC' -I
D
Authorized Signature & Title
Jo'v\vi Sox o% MovAo-->Q c
10-42
Page 1 of 6
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PO
�
1
ADDENDUM NO. 2
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 111
UNDERGROUND UTILITY DISTRICT NO. 22 - PHASE 2
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS & COURT STREET
CONTRACT NO 7833-1
DATE: May 15, 2020 BY: Rlf&
City Engineer
TO: ALL PLANHOLDERS
The following changes, additions, deletions, or clarifications shall be made to the Contract
Documents — all other conditions shall remain the same.
SPECIAL PROVISIONS
9-3.1 General
Add the following after the first paragraph:
All costs associated with ExteNet plans shall be included in the lump sum for
Underground Utility District No. 22 — Phase 2. The conduit shown on sheet 3 of 4 in
alley between 28th and 29th should not be included in the bid. All materials related
to ExteNet plans will be provided by others.
Examples of the various hand holes for the ExteNet portions of the project can be
seen on the Southbound Balboa Boulevard sidewalk between River Avenue and
36th Street. All bidders should review that installation prior to bid opening to
understand what will be required for installation and restoration. The provided MCI
hand holes will be single depth polymer type with bottoms. ExteNet Handholes
provided will be as shown on the attached from Newbasis and CrownCastle
provided as shown on the attached from Amorcast.
10-43
Page 2 of 6
Add the following paragraph at the end of this section:
A breakdown for the Underground Utility Assessment District 111 in the Schedule of
Values to be provided by the Contractor after bidding does NOT need to be
provided. The breakdown for the other two lump sums shall be by SCE, AT&T,
Spectrum and ExteNet.
The contractor shall also include the following allowances in their bid and reflected
in the Schedule of Values to allow for unknown underground obstructions:
• Underground Utility Assessment District No. 111 $100,000.00
• Underground Utility District No. 22- Phase 2 $75,000.00
• Utility Undergrounding — McFadden & Court Street $25,000.00
The Contractor shall be paid on a time and material basis if the City determines the
unknown obstruction exists and significantly impacts their productivity.
Bidders must sign this Addendum No. 2 and attach it to the bid proposal. Bid may
not be considered unless this signed Addendum No. 2 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
Teichert Energy & Utilities Group, Inc.
Bidder's Name (Please Print)
orid'd Signature & Title
An Solis - Regional Manager,
Southern California
10-44
ATTACHMENT C
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH NV5, INC. FOR
CONSTRUCTION AND RESIDENTIAL SUPPORT SERVICES FOR
UNDERGROUND UTILITY ASSESSMENT DISTRICTS AND
UTILITY UNDERGROUNDING
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 25th day of August, 2020
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and NV5, INC., a California corporation
("Consultant"), whose address is 163 Technology, Suite 100, Irvine, California 92618, and
is made with reference to the following:
RECITALS
A. On April 9, 2019, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide professional construction administration and
residential support services for a utility undergrounding project in Assessment
Districts No. 116 and 116b, and Utility District No. 22a - Phase 1 ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services for Assessment District No. 111, Underground Utility District No. 22a —
Phase 2, and Utility Undergrounding at Mcfadden Alleys and Court Street, not
included in the Agreement, to increase the total compensation, and to amend the
Insurance section of the Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows -
1 .
ollows:1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to this Amendment No.
One shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
10-45
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Four Hundred Thirty Four
Thousand Sixty Two Dollars and 001100 ($434,062.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed Two
Hundred Thirty Six Thousand Eight Hundred Seven Dollars and 001100
($236,807.00).
3. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
Section 5(A) of Exhibit C of the Agreement is amended in its entirety and replaced
with the following: "Evidence of Insurance. Consultant 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. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. The certificates and endorsements for each insurance policy shall be signed
by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15)
days prior to the expiration of any such policy, evidence of insurance showing that such
insurance coverage has been renewed or extended shall be filed with the City. If such
coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of
written notice of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has been provided
through another insurance company or companies. City reserves the right to require
complete, certified copies of all required insurance policies, at any time."
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
NV5, Inc. Page 2
10-46
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: It IZozo
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: 142 �„ By:
Aaron C. Harp LW ?.La - -L-0 Will O'Neill
City Attorney Mayor
ATTEST:
Date:
Leilani 1. Brown
City Clerk
CONSULTANT: NV5, Inc., a California
corporation
Date:
By:
Jeffrey M. Cooper
Director of Infrastructure
Date:
By:
Scott Kvandal
Chief Synergy Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
NV5, Inc. Page 3
10-47
EXHIBIT A
SCOPE OF SERVICES
CONSTRUCTION AND RESIDENTIAL PERMIT SUPPORT SERVICES FOR
UTILITY ASSESSMENT DISTRICT NO. 111, UNDERGROUND UTILITY DISTRICT
NO. 22a — PHASE 2 AND
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT STREET
Consultant shall perform the following Services:
9. Coordinate and oversee all activities related to the construction of the Project including
residential permit support services, and maintain close liaison with the City Project
Administrator.
19. Serve as contact point for coordination with the Contractor designated by City to
perform the construction of the Project ("Contractor"), other agencies and utility
companies.
11, Provide Project status updates to City Project Administrator.
12. Review and monitor the Contractor's schedule through weekly construction progress
meetings.
13. Prepare daily inspection records and bi-weekly status reports.
14. Maintain an awareness of safety and health requirements and enforce applicable
contract provisions for the protection of the public and project personnel.
15. Maintain binders of job records, including photos.
16. Evaluate cost reduction incentive proposals and provide recommendations to City
Project Administrator.
NV5, Inc. Page A-1 10-48
EXHIBIT B
SCHEDULE OF BILLING RATES
CONSTRUCTION AND RESIDENTIAL PERMIT SUPPORT SERVICES FOR
UTILITY ASSESSMENT DISTRICT NO. 111, UNDERGROUND UTILITY DISTRICT
NO. 22a -- PHASE 2 AND
UTILITY UNDERGROUNDING - MCFADDEN ALLEYS AND COURT STREET
TASK
Project Manager
Senior Inspeder
Ad nin
TOTAL
NO.
WORK DESCRIPTION
$225
$150
$95
HOURS
S
HOURS
$
HOURS
S
FIEF
9.0
Oversight of all Construction Related Activities
60
$13,500
264
$39,600
120
511,400
$84,500
including Residential Permt Support
10.0
Point of Contact For Contractor, City, UORY
24
$5,400
149
522,350
0
$0
527,750
Conpanies, etc.
11.0
jProlect Status up Cates
0
$0
120
$18,1)00
19
$1,605
$19,805
12.0
Schedule Review
0
S0
120
$18,000
19
$1,805
$19,805
13.0
Pr°lect Inspection (documented through daisy
reports and U -weekly status reports)
: b
58.100
144
$21,600
0
$0
529, 700
14.0
Enforce Contract ProvisionsJttarage 1'.ealai
12
$2,700
120
518,000
e
$D
$20,700
and safe4y requirements
15.0
Detailed project records, including photos
12
$2,700
149
$22,350
2D
$1,900
$26.950
16,D
Evaluate cost reduction incentives
12
$2,700
120
$18,000
0
$0
$20,700
Sutttotel
156
535100
1186
$177,900
178
516,910
5229,910
Mscellaneous Expenses at 3%
56,897
NV5, Inc. Page B-1 10-49
Attachment D
MOUs with the Cities of Monrovia, Mission Viejo and Laguna Woods
for Rule 20A Credit Purchases
10-50
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is entered into as of August 25, 2020
("Effective Date"), by and between the City of Newport Beach, a California municipal
corporation and charter city, with its principal place of business at 100 Civic Center Drive,
Newport Beach, California 92660 ("Newport Beach"), and the City of Monrovia, a
California municipal corporation with its principal place of business at 415 S. Ivy Avenue,
Monrovia, California 91016 ("Monrovia"). Newport Beach and Monrovia are sometimes
individually referred to herein as "Party" and collectively as "Parties".
RECITALS
A. Electric Utilities collect and annually allocate funds to communities to
convert overhead electric facilities to underground electric facilities ("Rule 20A Funds").
B. Newport Beach is actively planning one or more projects to underground
overhead electric facilities that qualify for the application of California Public Utilities
Commission ("CPUC") Rule 20A Funds ("Projects"). Newport Beach desires to obtain
additional Rule 20A Funds allocation to finance such Projects.
C. Southern California Edison ("SCE") currently has designated and dedicated
a balance of Four Hundred Thirty Seven Thousand Five Hundred Sixty Eight Dollars and
001100 ($437,568.00) in Rule 20A Funds for the benefit of Monrovia ("Monrovia
Allocation"), and Monrovia currently has no active projects which can make use of the
Monrovia Allocation.
D. Newport Beach desires to acquire, for consideration, the Monrovia
Allocation to use in connection with the Projects, and Monrovia desires to transfer the
Monrovia Allocation to Newport Beach to enable the Rule 20A Funds, which have been
allocated to Monrovia, to be used for their intended purpose of undergrounding electric
facilities and to derive economic benefit from the Monrovia Allocation.
AGREEMENT
NOW, THEREFORE, the Parties hereto agree as follows:
1. Monrovia agrees to assign, for use by Newport Beach, its rights and
interests in the Monrovia Allocation to Newport Beach, and Newport Beach agrees to
acquire, for consideration, the Monrovia Allocation in accordance with the terms of this
MOU. This MOU shall be subject to the approval of each the City Council of Newport
Beach and the City Council of Monrovia and shall become effective on the date when
both such approvals have been obtained (Effective Date). Notwithstanding the foregoing,
if this MOU has not become effective as of September 30, 2020, then either Party may
terminate this MOU on five (5) business days' written notice to the other Party without
incurring any liability, costs or further obligations to the other party or any third party.
10-51
2. Within fifteen (15) business days of the Effective Date, Newport Beach shall
make a payment to Monrovia in the amount of Two Hundred Forty Thousand Six
Hundred Sixty-two Dollars and 40/100 ($240,662.40) ("Acquisition Price"). The
Acquisition Price shall be made in immediately available funds via check or wire transfer
to an account designated by Monrovia. The Acquisition Price shall constitute full
consideration for the transfer and assignment of the Monrovia Allocation.
3. Monrovia agrees to sell the Monrovia Allocation to Newport Beach at a
purchase rate of Fifty -Five Cents ($0.55) for every One Dollar ($1.00) of Rule 20A Funds.
Within ten (10) business days of Monrovia's receipt of the Acquisition Price funds,
Monrovia shall deliver a written request to SCE, with a copy to Newport Beach, making a
formal request to transfer and assign the entire balance of the Rule 20A Funds contained
in the Monrovia Allocation to and for the benefit of Newport Beach. Monrovia shall
cooperate in good faith with Newport Beach to provide any additional documentation or
information that is reasonably requested by SCE to complete the transfer. In the event
that SCE is unable to complete the transfer, or only complete a partial transfer, Monrovia
shall return the unused Acquisition Price funds to Newport Beach within ten (10) business
days of Newport Beach's notification to Monrovia.
4. Newport Beach acknowledges and agrees that it has conducted its own
investigation as to the applicability and transferability of the Monrovia Allocation for use
in the Projects and that Monrovia has not made any representation or warranty to Newport
Beach with respect to same. The actual use of the Monrovia Allocation by Newport Beach
shall be subject to the rules and procedures adopted by SCE, CPUC, and such other
conditions or requirements as are set forth in the Public Utilities Code.
5. Newport Beach shall indemnify, defend, and hold harmless Monrovia, its
elected officials, officers, employees, and agents, from any claim, damage or liability
arising in connection with the use of Rule 20A Funds from the Monrovia Allocation in
connection with the construction of the Projects, including legal challenges of all types or
natures, including but not limited to administrative, judicial, or legislative actions.
F. In the event that either Party is in breach of its obligations as set forth in this
MOU, then the non -defaulting Party shall have the right to terminate this Agreement on
ten (10) business days' written notice to the defaulting Party unless the default is cured,
or cure has commenced, within the notice period. Upon termination for breach, the non -
defaulting Party may exercise any right or remedy which it may have under applicable
law. Within ten (10) business days of termination pursuant to this Section 7, Monrovia
shall return to Newport Beach that portion of the Acquisition Price funds applicable to that
portion of the Monrovia Allocation not yet transferred by SCE to Newport Beach.
7. All notices to be given pursuant to this MOU shall be delivered in person or
by commercial overnight delivery to the address of the Party set forth above, and
addressed to the City Manager of such Party and shall be effective upon receipt.
2
10-52
8. This MOU shall be governed and construed in accordance with the laws of
the State of California, and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
9. Each Party 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.
10. A waiver by either Party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same or
a different character.
11. The terms of this Agreement 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 Agreement or any other rule of construction which might
otherwise apply.
12. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
13. In the event of any dispute or legal action arising under this Agreement, the
prevailing Party shall not be entitled to attorney's fees.
14. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original and all of which together shall constitute one and the
same instrument.
15. Each Party signing this Agreement explicitly affirms and provides they have
the power and authority to bind their respective Party.
[SIGNATURES ON FOLLOWING PAGE]
3
10-53
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the
dates indicated below.
CITY OF MONROVIA,
A California municipal corporation
Date:
Dylan Feik
City Manager
ATTEST:
Date:
Alice Atkins, MMC
City Clerk
APPROVED AS TO FORM:
Date:
Craig A. Steele
City Attorney
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
Grace K. Leung
City Manager
ATTEST:
Date:
Leilani I. Brown
City Clerk
APPROVEDS TO FORM:
Date: 43
L -po(:
Aaron C. Harp PW -I -VW
City Attorney
[END OF SIGNATURES]
M
10-54
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is entered into as of August 25,
2020 ("Effective Date"), by and between the City of Newport Beach, a California
municipal corporation and charter city, with its principal place of business at 100 Civic
Center Drive, Newport Beach, California 92660 ("Newport Beach"), and the City of
Mission Viejo, a California municipal corporation with its principal place of business at
200 Civic Center, Mission Viejo, California 92691 ("Mission Viejo"). Newport Beach and
Mission Viejo are sometimes individually referred to herein as "Party" and collectively as
"Parties".
RECITALS
A. Electric Utilities collect and annually allocate funds to communities to
convert overhead electric facilities to underground electric facilities ("Rule 20A Funds").
B. Newport Beach is actively planning one or more projects to underground
overhead electric facilities that qualify for the application of California Public Utilities
Commission ("CPUC") Rule 20A Funds ("Projects)". Newport Beach desires to obtain
additional Rule 20A Funds allocation to finance such Projects.
C. Southern California Edison ("SCE") currently has designated and dedicated
a balance of Forty Seven Thousand Seven Hundred Sixty Six Dollars and 001100
($47,766.00) in Rule 20A Funds for the benefit of Mission Viejo (Mission Viejo Allocation),
and Mission Viejo currently has no active projects which can make use of the Mission
Viejo Allocation.
D. Mission Viejo has granted Newport Beach first right of refusal to purchase
Rule 20A allocations between the Effective Date and July 1, 2021.
E. Newport Beach desires to acquire, for consideration, the Mission Viejo
Allocation to use in connection with the Projects, and Mission Viejo desires to transfer the
Mission Viejo Allocation to Newport Beach to enable the Rule 20A Funds, which have
been allocated to Mission Viejo, to be used for their intended purpose of undergrounding
electric facilities and to derive economic benefit from the Mission Viejo Allocation.
AGREEMENT
NOW, THEREFORE, the Parties hereto agree as follows:
1. Mission Viejo agrees to assign, for use by Newport Beach, its rights and
interests in the Mission Viejo Allocation to Newport Beach, and Newport Beach agrees to
acquire, for consideration, the Mission Viejo Allocation in accordance with the terms of
this MOU. This MOU shall be subject to the approval of each the City Council of Newport
Beach and the City Council of Mission Viejo and shall become effective on the date when
10-55
both such approvals have been obtained, as mentioned above as the Effective Date.
Notwithstanding the foregoing, if this MOU has not become effective as of October 30,
2020, then either Party may terminate this MOU on five (5) business days' written notice
to the other Party without incurring any liability, costs or further obligations to the other
party or any third party.
2. Within fifteen (15) business days of the Effective Date, Newport Beach shall
make a payment to Mission Viejo in the amount of Twenty Six Thousand, Two Hundred
and Seventy One and 301100 ($26,271.30) ("Acquisition Price"). The Acquisition Price
shall be made in immediately available funds via check or wire transfer to an account
designated by Mission Viejo. The Acquisition Price shall constitute full consideration for
the transfer and assignment of the Mission Viejo Allocation.
3. Mission Viejo agrees to sell the Mission Viejo Allocation to Newport Beach
at a purchase rate of Fifty -Five Cents ($0.55) for every One Dollar ($1.00) of Rule 20A
Funds. Within ten (10) business days of Mission Viejo's receipt of the Acquisition Price
funds, Mission Viejo shall deliver a written request to SCE, with a copy to Newport Beach,
making a formal request to transfer and assign the entire balance of the Rule 20A Funds
contained in the Mission Viejo Allocation to and for the benefit of Newport Beach. Mission
Viejo shall cooperate in good faith with Newport Beach to provide any additional
documentation or information that is reasonably requested by SCE to complete the
transfer. In the event that SCE is unable to complete the transfer, or only complete a
partial transfer, Mission Viejo shall return the unused Acquisition Price funds to Newport
Beach within ten (10) business days of Newport Beach's notification to Mission Viejo.
4. Newport Beach acknowledges and agrees that it has conducted its own
investigation as to the applicability and transferability of the Mission Viejo Allocation for
use in the Projects and that Mission Viejo has not made any representation or warranty
to Newport Beach with respect to same. The actual use of the Mission Viejo Allocation
by Newport Beach shall be subject to the rules and procedures adopted by SCE, CPUC,
and such other conditions or requirements as are set forth in the Public Utilities Code.
5. Newport Beach shall indemnify, defend, and hold harmless Mission Viejo,
its elected officials, officers, employees, and agents, from any claim, damage or liability
arising in connection with the use of Rule 20A Funds from the Mission Viejo Allocation in
connection with the construction of the Projects, including legal challenges of all types or
natures, including but not limited to administrative, judicial, or legislative actions.
6. In the event that either Party is in breach of its obligations as set forth in this
MOU, then the non -defaulting Party shall have the right to terminate this Agreement on
ten (10) business days' written notice to the defaulting Party unless the default is cured,
or cure has commenced, within the notice period. Upon termination for breach, the non -
defaulting Party may exercise any right or remedy which it may have under applicable
law. Within ten (10) business days of termination pursuant to this Section 7, Mission Viejo
shall return to Newport Beach that portion of the Acquisition Price funds applicable to that
portion of the Mission Viejo Allocation not yet transferred by SCE to Newport Beach.
0)
10-56
7. All notices to be given pursuant to this MOU shall be delivered in person or
by commercial overnight delivery to the address of the Party set forth above, and
addressed to the City Manager of such Party and shall be effective upon receipt.
8. This MOU shall be governed and construed in accordance with the laws of
the State of California, and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
9. Each Party 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.
10. A waiver by either Party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same or
a different character.
11. Mission Viejo agrees to provide Newport Beach first right of refusal to
purchase future Rule 20A allocations between July 1, 2020 and July 1, 2022. If Mission
Viejo intends to transfer its Rule 20A allocation within said dates it shall notify Newport
Beach of fund availability and the proposed purchase price by another city if another city
is proposing a purchase price higher than the purchase rate of Fifty -Five Cents ($0.55)
for every One Dollar ($1.00) of Rule 20A Funds. If Newport Beach desires to acquire said
allocations by matching the price proposed by another city, it shall respond within fifteen
(15) business days of Mission Viejo's notification stating intent to purchase said
allocations at the proposed purchase price. Newport Beach agrees to enter into an MOU
with Mission Viejo to complete the transfer within 90 days of said notification to Mission
Viejo.
12. The terms of this Agreement 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 Agreement or any other rule of construction which might
otherwise apply.
13. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
14. In the event of any dispute or legal action arising under this Agreement, the
prevailing Party shall not be entitled to attorney's fees.
15. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original and all of which together shall constitute one and the
same instrument.
3
10-57
16. Each Party signing this Agreement explicitly affirms and provides they have
the power and authority to bind their respective Party.
IN WITNESS WHEREOF, the Parties hereto have executed this MOIL as of the
dates indicated below.
CITY OF MISSION VIEJO,
A California municipal corporation
Date.-
Dennis
ate:
Dennis Wilberg
City Manager
ATTEST:
Date:
Kimberly Schmitt
City Clerk
APPROVED AS TO FORM:
Date:
William P. Curley III
City Attorney
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
Grace K. Leung
City Manager
ATTEST:
Date:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
Date: 1VI112.0 Z0
Aaron C. Harp JLW A. 'Q
City Attorney
[END OF SIGNATURES]
n
10-58
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is entered into as of August 25,
2020 ("Effective Date"), by and between the City of Newport Beach, a California municipal
corporation and charter city, with its principal place of business at 100 Civic Center Drive,
Newport Beach, CA 92660 ("Newport Beach") and the City of Laguna Woods, a California
municipal corporation with its principal place of business at 24264 EI Toro Road, Laguna
Woods, CA 92637 ("Laguna Woods"). Newport Beach and Laguna Woods are sometimes
individually referred to herein as "Party" and collectively as "Parties."
RECITALS
A. Electric utilities collect and annually allocate funds to communities to
convert overhead electric facilities to underground electric facilities ("Rule 20A Funds").
B. Newport Beach is actively planning one or more projects to underground
overhead electric facilities that qualify for the application of California Public Utilities
Commission ("CPUC") Rule 20A Funds ("Projects"). Newport Beach desires to obtain an
additional allocation of Rule 20A Funds to finance such Projects.
C. Southern California Edison ("SCE") currently has designated and dedicated
a balance of Fifty Five Thousand Nine Hundred and Three Dollars and 001100
($55,903.00) in Rule 20A Funds for the benefit of Laguna Woods ("Laguna Woods
Allocation") and Laguna Woods currently has no active projects which can make use of
the Laguna Woods Allocation.
D. Newport Beach desires to acquire, for consideration, the Laguna Woods
Allocation to use in connection with the Projects, and Laguna Woods desires to transfer
the Laguna Woods Allocation to Newport Beach to enable the Rule 20A Funds, which
have been allocated to Laguna Woods, to be used for their intended purpose of
undergrounding electric facilities and to derive economic benefit from the Laguna Woods
Allocation.
AGREEMENT
NOW THEREFORE, the Parties hereto agree as follows:
1. Laguna Woods agrees to transfer and assign for use by Newport Beach, its
rights and interest in the Laguna Woods Allocation to Newport Beach and Newport Beach
agrees to acquire, for consideration, the Laguna Woods Allocation in accordance with the
terms of this MOU. This MOU shall be subject to the approval of the City Council of
Newport Beach and the City Council of Laguna Woods and shall become effective on the
date when both such approvals have been obtained, as mentioned above as the Effective
Date. Notwithstanding the foregoing, if this MOU has not become effective as of October
30, 2020, then either Party may terminate this MOU upon five (5) business day's written
notice to the other Party without incurring any liability, costs or further obligations to the
other Party or any third party.
Page 1 of 4
10-59
2. Within fifteen (15) business days of the Effective Date, Newport Beach shall
make a payment to Laguna Woods in the amount of Thirty Thousand Seven Hundred
Forty Six Dollars and 651100 ($30,746.65) ("Acquisition Price"), which is equivalent to
Fifty -Five Cents ($0.55) for every One Dollar ($1.00) of allocation. The Acquisition Price
shall be made in immediately available funds via check or wire transfer to an account
designated by Laguna Woods. The Acquisition Price shall constitute full consideration for
the transfer and assignment of the Laguna Woods Allocation.
3. Within ten (10) business days of Laguna Woods' receipt of the Acquisition
Price, Laguna Woods shall deliver a written request to SCE, with a copy to Newport
Beach, making a formal request to transfer and assign the above -referenced balance of
the Rule 20A Funds contained in the Laguna Woods Allocation to and for the benefit of
Newport; Beach_ Laguna Woods shall cooperate in good faith with Newport Beach to
provide any additional documentation or information that is reasonably requested by SCE
to complete the transfer. Newport Beach acknowledges and agrees that it has conducted
its own investigation as to the applicability and transferability of the Laguna Woods
Allocation for use in the Projects and that Laguna Woods has not made any
representation or warranty to Newport Beach with respect to same. The actual use of the
Laguna Woods Allocation by Newport Beach shall be subject to the rules and procedures
adopted by SCE, CPUC and such other conditions or requirements as are set forth in the
Public Utilities Code. Newport Beach may rescind the transaction before SCE approves
the proposed Rule 20A transfer, for a period of one (1) year after the Effective Date of
this MOU, and in the event of such rescission, Laguna Woods will return the Acquisition
Price in full to Newport Beach within ten (10) business days of Newport Beach's written
notification of rescission to Laguna Woods.
4. Laguna Woods agrees to provide Newport Beach first right of refusal to
purchase future Rule 20A allocations between the Effective Date and July 1, 2022. If
Laguna Woods intends to transfer its Rule 20A allocation within said dates it shall notify
Newport Beach of fund availability and the proposed purchase price by another city if
another city is proposing a purchase price higher than the purchase rate of Fifty -Five
Cents ($0.55) for every One Dollar ($1.00) of Rule 20A Funds. If Newport Beach desires
to acquire said allocations by matching the price proposed by another city, it shall respond
within fifteen (15) business days of Laguna Woods's notification stating intent to purchase
said allocations at the proposed purchase price. Newport Beach agrees to enter into an
MOU with Laguna Woods to complete the transfer within 90 days of said notification to
Laguna Woods.
5. Newport Beach shall indemnify, defend and hold harmless Laguna Woods,
its elected officials, officers, employees and agents, from any claim, damage or liability
arising in connection with the use of Rule 20A Funds from the Laguna Woods Allocation
in connection with the construction of the Projects, including legal challenges of all types
of natures, including but not limited to, administrative, judicial or legislative.
6. In the event that either Party is in breach of its obligations as set forth in this
MOU, then the non -defaulting Party shall have the right to terminate this MOU on ten (10)
business day's written notice to the defaulting Party unless the default is cured within the
notice period. Upon termination for breach, the non -defaulting Party may exercise any
right or remedy which it may have under applicable law. Within ten (10) business days of
Page 2 of 4
10-60
termination pursuant to this Section, Laguna Woods shall return to Newport Beach that
portion of the Acquisition Price applicable to that portion of the Laguna Woods allocation
not yet transferred by SCE to Newport Beach.
7. All notices to be given pursuant to this MOU shall be delivered in person or
by commercial overnight delivery to the address of the Party set forth above and
addressed to the City Manager of such Party and shall be effective upon receipt. Notice
may further be given by electronic means, provided, however, that such notice shall not
be deemed effective unless it is acknowledged in writing by the recipient of such notice.
8. This MOU shall be governed and construed in accordance with the laws of
the State of California, and any action brought relating to this MOU shall be adjudicated
in a court of competent jurisdiction in County of Orange.
9. Each Party shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all government entities, including federal,
state, county or municipal, whether now in force or hereinafter enacted.
10. A waiver by either Party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same or
a different character.
11. The terms of this Agreement 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 Agreement or any other rule of construction which might
otherwise apply.
12. if any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
13. If any legal proceeding, including an action for declaratory relief, is brought
to enforce or interpret provisions of this MOU, the prevailing party will be entitled to
reasonable attorney's fees, which may be set by the court in the same action or in a
separate action brought for that purpose, in addition to any other relief to which the party
maybe entitled.
14. This MOU shall become effective when executed by all parties and may be
executed in counterparts, any one of which shall be deemed to be an original instrument.
Any proof of the MOU shall require production of only one such counterpart duly executed
by the party to be charged therewith. PDF copy or facsimile copy of signatures shall be
deemed original signatures.
15. Each Party signing this Agreement explicitly affirms and provides they have
the power and authority to bind their respective Party.
[SIGNATURES ON NEXT PAGE]
Page 3 of 4
10-61
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the
Effective Date.
CITY OF LAGUNA WOODS
By:
Noel Hatch, Mayor
Attest:
By:
Yolie Trippy, City Clerk
Approved as to form:
By:
David B. Cosgrove, City Attorney
CITY OF NEWPORT BEACH
By:
Grace K. Leung, City Manager
Attest:
By:
Leilani I. Brown, City Clerk
Approved as to form:
By: 4-�k -R'
Aaron C. Harp, City Attorney
Dated:
Dated:
Dated:
Dated:
Dated:
Dated: 141 Zola
Page 4 of 4
10-62
ATTACHMENT E
City of Newport Beach
u 2 BUDGET AMENDMENT
cR4Fo�N,r 2020-21 BA#: 21-007
Department: Public Works
ONE TIME: 3 Yes 0 No
Requestor: Angela Crespi
Approvals
Prepared by: Amy Lewis
CITY MANAGER'S APPROVAL ONLY
Finance Director: Q(�Q I`/2/ Date 8-13-2020
COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
To appropriate from Neighborhood Enhancement unappropriated fund balance funds to use towards SCE Rule 20A Credit ❑ from existing budget appropriations
Purchase. This budget amendment also recognizes increased revenue contribution from multiple utility companies and in from additional estimated revenues
appropriation of these funds towards construction.
(71 from unappropriated fund balance
REVENUES
Fund # Ora Obied Proiect Description
Increase or (Decrease) $
135 13501 561007 21A11 CONTRIBUTIONS FUND CIP- 20A CONTRIBUTIONS 5,195,419.59
Subtotal I $ 5,195,419.59
EXPENDITURES
F—H it rlrn Ohl.M PrninM n—rintlnn
In---- nr lnncroaeol A
135 13501 980000 21A11 CONTRIBUTIONS FUND CIP - CIP EXPENDITURES FOR GL
5,195,419.59
536 53601 980000 20M03 NEIGHBORHOOD ENHANCEMENT -CIP EXPENDITURES FC
204,512.35
536
300000
Neighborhood Enhancement - FUND BALANCE CONTROL
(204,512.35)
Subtotal $
5,399,931.94
FUND BALANCE
Fund it rlhi.M n—rinti—
In--- — nr nn.,--i.t
135
300000
Contributions Fund - FUND BALANCE CONTROL
536
300000
Neighborhood Enhancement - FUND BALANCE CONTROL
(204,512.35)
Subtotal) $ (204,512.35)
Fund Balance Change Required
10-63