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HomeMy WebLinkAboutC-7661-3 - FY 2019-2020 Streetlight Improvement Project - Construction (Harbor View Hills)CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3005 1 949 644-3039 FAX newportbeachca.gov/ntyclerk June 13, 2024 Calpromax Engineering, Inc. Attn: Mr. Jose Vega 700 South Van Buren Street, Suite C Placentia, CA 92870 Subject: FY 2021-2022 Streetlight Improvement Project (Harbor View Hills) Contract No. 7661-3 Dear Mr. Vega: On June 13, 2023 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion June 14, 2023, Reference N Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure was recorded by the Orange County Recorder on o. 2023000140893. Enclosed is the released Faithful EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 602 134688-7 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ rate of $ 12.50 9,608.00 being at the thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Calpromax Engineering, Inc. hereinafter designated as the "Principal," a contract for mobilization; providing traffic control; distributing construction notifications; concrete improvements; installing, removing and relocating street lighting facilities; furnishing and installing street lighting facilities and appurtenances; restoring concrete and grout caps; potholing existing utilities; and all other items to complete work in place in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and United states Fire Insurance Cornpany , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Sixty Eight Thousand Six Hundred Sixty Five Dollars and 00/100 ($768,665.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Calpromax Engineering, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the ath day of December /j 20 21 Calpromax Engineering, Inc. Name of Contractor (Principal) United States Fire Insurance Company Name of Surety 305 Madison Avenue, Morristown, NJ 07962 Address of Surety 973490-6600 Telephone APPROVED AS TO FORM: CITY ATTO GY'S OFFICE Date -.— By: " Aaron C. Harp City Attorney VA"i 11l2I • L1 Lisa L. Thornton, Attorney in Pact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Calpromax Engineering, Inc. Page B-2 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. SEE ATTACHED ACKNOWLEDGEMENT FOR SURETY State of California County of 010+1 e- SS. e On 7�,cj , 2Mk I before me, Notary Public, personally appeared '-E-e o 1'I who proved to me on the basis of satisfactory evidence to be the persons hose names) is/ate subscribe o the within instrument and acknowledged to me that he/06/the executed the same in his/h It Ir authorized capacity(ies), and that by his/heftfir 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. m G. K. MILLER m COMM...2351794 U .�°'� LNOTARY PUBLIC•CALIFORNIA I ORANGE COUNTY (il / rm Exp.PAwch 16, 2025 Signature (seal) 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 } ss. On , 20 before me, , Notary Public, personally appeared 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 (seal) Calpromax Engineering, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 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 ) ss County of Los Angeles ) On ' LL- Z t �zm: g , before me, Natalie K. Trofimoff, Notary Public, personally appeared Lisa L. Thornton who proved to me on the basis of satisfactory evidence to be the person{} whose name 4 is�a subscribed to the within instrument and acknowledged to me that #e�she y executed the same in 4iqherA4e# authorized capacityki-e�, and that by 4iqherA*i4_* signatures} on the instrument the person{4, or the entity upon behalf of which the persons} 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. NATALIE K. TROFIMOFF COMM # 2308129 a. —' Notary Public - CeAtomla LOS ANGELES COUNTY y^ My Comm. Expiras OCT 22. 2023M Signature: (Seal) Natalie K. Trofimoff, Notary Public CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 Fnx newportbeachca.gov August 22, 2023 Calpromax Engineering, Inc. Attn: Jose Vega 700 S. Van Buren St., Suite C Placentia, CA 92870 Subject: FY 2021-2022 Streetlight Improvement Project (Harbor View Hills) - C-7661-3 Dear Mr. Vega: On June 13, 2023, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 14, 2023, Reference No. 2023000140893. The Surety for the bond is United States Fire Insurance Company and the bond number is 602-134688-7. Enclosed is the Labor & Materials Payment Bond. Sincerely, 4091 +wrv--, Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT Premium included with Performance Bond CITY OF NEWPORT BEACH BOND NO. 602-134688-7 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Calpromax Engineering, Inc. hereinafter designated as the "Principal," a contract for mobilization; providing traffic control; distributing construction notifications; concrete improvements; installing, removing and relocating street lighting facilities; furnishing and installing street lighting facilities and appurtenances; restoring concrete and grout caps; potholing existing utilities; and all other items to complete work in place in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, United States Fire Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Sixty Eight Thousand Six Hundred Sixty Five Dollars and 001100 ($768,665.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, Jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as Calpromax Engineering, Inc. Page A-1 to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the sth day of Decembel 20 21 Calpromax Engineering, Inc. Name of Contractor (Principal) United States Fire Insurance Company Name of Surety 305 Madison Avenue, Morristown, NJ 07962 Address of Surety 973 490-6600 Telephone APPROVED AS TO FORM: CITY ATT.ORNEY_S OFFICE Aakon C. Harp City Attorney GWh) l I. Li -LA Lisa L. Thornton, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Calpromax Engineering, Inc. Page A-2 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. SEE ATTACHED ACBNOWLEDGEMENT FOR SURETY State of California 0. Counte- ss. On 20 ( e ore me, Notary Public, personally appeared al c who proved to me on the basis of satisfactory evidence to be the person(s) Whose name(s) is/gr6 subscribed to the within instrument and acknowledged to me that he/she/tpd'y' executed the same In his/per/their authorized capacity(ies), and that by his/beWtWir 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. G. K, MILLER m COMM ... 2361794 n NOTARY PUBLIC-CALIFORNIAi9 1 TY M Twmn E. 8, 20261 Signature (seal) 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 } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person($) 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 (seal) Calpromax Engineering, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 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 ) ) ss County of Los Angeles ) On -`6- 7-0 e-k , before me, Natalie K. Trofimoff, Notary Public, personally appeared Lisa L. Thornton who proved to me on the basis of satisfactory evidence to be the persons) whose name(,4 isiefe subscribed to the within instrument and acknowledged to me that 4e{sheA4ey executed the same in 4Wher h& authorized capacity4e4, and that by JWherA eifsignature{� on the instrument the personj4, orthe entity upon behalf ofwhich the persons 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. 'N=110F OFF TP 1.9 M OT Signature:jbko"_ _ (Seal) Natalie K. Trofimoff, Notary Pu lic j POWEROPATTORNEY I UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 01687411321 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: C.K. Nakamura, Noemi Quiroc, Maria Pena, Tha M. Tamko, Tiffany Coronado, Jessica Rosser, Natalie K. 77ofimoff, Lisa L. Thornton, Patricia S. Arana each, its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars ($7,500,000). 11ris Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2022. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article 111, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 22n^ day of August 2019. UNITED STATES FIRE INSURANCE COMPANY IR f Anthony R. Slimowicz, President State of Pennsylvania } County of Philadelphia } On this 22a1 day of August 2019, before me, allotary public ofthe State of Pennsylvania, came the above named officer of United States Fire Insurance Company, to me personally larown to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. As"a o— Commonwealth of Pennsylvania — Notary Seal Tamara Watkins, Notary Public Philadelphia County Tamura Watkins (Notary Public) My commission expires August 22, 2023 Commission number 1348843 I, the undersigned oRicer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. _ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 8thday of Dec 2021 UNITED STATES FIRE INSURANCE COMPANY 8 ilia t t'ic Al Wright, Senior Vice President 6/14/23, 12:12 PM Batch 15865153 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'IIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE *$ R 0 0 1 4 4 0 3 6 0 0$ 202300014089312:09 pm 06/14/23 318 503A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Calpromax Engineering, Inc., Placentia, California, as Contractor, entered into a Contract on November 30, 2021. Said Contract set forth certain improvements, as follows: FY 2021-2022 Streetlight Improvement Project (Harbor View Hills) - C-7661-3 Work on said Contract was completed, and was found to be acceptable on June 13, 2023, by the City Council. Title to said property is vested in the Oyu�er and the Surety for said Contract is United States Fire Insurance Company. / \ L17 City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �LAe- Jy , dada , at Newport Beach, California. BY City Clerk https://gs.secure-recording.com/Batch/Confirmation/l 5865153 2/6 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Calpromax Engineering, Inc., Placentia, California, as Contractor, entered into a Contract on November 30, 2021. Said Contract set forth certain improvements, as follows: FY 2021-2022 Streetlight Improvement Project (Harbor View Hills) - C-7661-3 Work on said Contract was completed, and was found to be acceptable on June 13, 2023, by the City Council. Title to said property is vested in the Or and the Surety for said Contract is United States Fire Insurance Company. 77 BY ' -/ 14. 4LZ " Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on .J,,)Ap, 0;®a3 at Newport Beach, California. BY let L City Clerk- \� . ,y0'� CITY OF NEWPORT BEACH , NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 4th day of November 2021, at which time such bids shall be opened and read for FY 2021-2022 STREETLIGHT IMPROVEMENT PROJECT (HARBOR VIEW HILLS) Contract No. 7661-3 $792,150 Engineer's Estimate Approved by (James M. Houlihan eputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portaI.cfm?CompanyID=22078 Hard copy plans are available via Santa Ana Blue Print at (949) 756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" or 19C-10" For further information, call Kathryne Cho, Project Manager at (949) 644-3014 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.goy/government/open-transparent/online-services/bids-rfps- vendor-reqistration City of Newport Beach FY 2021-2022 STREETLIGHT IMPROVEMENT PROJECT (HARBOR VIEW HILLS) Contract No. 7661-3 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIALPROVISIONS............................................................................................ SP-1 2 City of Newport Beach FY 2021-2022 STREETLIGHT IMPROVEMENT PROJECT (HARBOR VIEW HILLS) Contract No. 7661-3 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via Planet8ids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 211 Floor of the Civic Center (Located at 100 Civic Center Dr.) 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. 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. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 5. 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. 6. 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. 7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. 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 0 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. 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. The signature below represents that the above has bee*reed. 995933 / A, BContractor's License No. & Classification uign ure itle 1000028249 / 06/30/2023 11 /03/2021 DIR Registration Number & Expiration Date CALPROMAX ENGINEERING, INC. O Date City of Newport Beach FY 2021-2022 STREETLIGHT IMPROVEMENT PROJECT (HARBOR VIEW HILLS) Contract No. 7661-3 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Bid Dollars ($ 10% of the Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of FY2021- 2022 STREETLIGHT IMPROVEMENT PROJECT — HARBOR VIEW HILLS, Contract No. 7661- 3 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 28th day of October 2021. Calpromax Engineering, Inc. Name of Contractor (Principal) United States Fire Insurance Company Name of Surety 305 Madison Avenue, Morristown, NJ 07962 Address of Surety 973 490-6600 Telephone V� tutho ' Signature/Title J Au ho izeb A en Signature Lisa L. Thornton, Attorney in Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 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 K, jl SS. On /Vovgn t,,� 3 20 1I before me, Notary Public, personally appeared /llul`f u who proved to me on the basis of satisfactory evidence to be the person ) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheen ey executed the same in Isis/her/their authorized capacity(*, and that by hiss/her/their signatures(s) on the instrument the person, or the entity upon behalf of which the personN 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 Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language JEFFREY A. LARSON COMM. #2325983 z ° Notary Public • California o z Orange County — My Comm. Expires Apr. 2, 2024 OPTIONAL INFORMATION Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 (seal) Thumbprint of Signer C Check here if no thumbprint or fingerprint is available. 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. SEE ATTACHED NOTARY ACKNOWLEDGEMENT FOR SURETY State of California County of )SS. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT 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 } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 1.1 (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 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 ) ss County of Los Angeles ) On �c7 —'Z `1 L` , before me, Natalie K. Trofimoff, Notary Public, personally appeared Lisa L. Thornton who proved to me on the basis of satisfactory evidence to be the person(4 whose names} isAa-Fe subscribed to the within instrument and acknowledged to me that 4e/she,44ey executed the same in 4k,/her/theiF authorized capacity(ies}, and that by 4�4herA4& signature(4 on the instrument the person{-4, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NATALIE K. TROFIMOFF p - COMM # 2308129 > " * , N"ta!y Public - Caiitomla w LOS Ai`,NGiELES COUNTY MV COMM. Expires= 22.2023 (Seal) Signature: � "Li L L-T Natalie K. Trofimoff, Notary u is POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 01687411321 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: C.K. Nakamura, Noemi Quiroz, Maria Pena, Tim M. Tomko, Tiffany Coronado, Jessica Rosser, Natalie K. Troftmoff, Lisa L. Thornton, Patricia S. Arana each, its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars ($7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2022. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements, (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 22" day of August 2019. UNITED STATES FIRE INSURANCE COMPANY Anthony R. Slimowicz, President State of Pennsylvania } County of Philadelphia } On this 22"d day of August 2019, before me, allotary public of the State of Pennsylvania, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. Commonwealth of Pennsylvania —Notary Seal Tamara Watkins, Notary Public Philadelphia County Tamara Watkins (Notary Public) My commission expires August 22, 2023 Commission number 1348843 I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Ahomey of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 28tday of Oct 20? 1 UNITED STATES FIRE INSURANCE COMPANY i� ��J ;- Al Wright, Senior Vice President City of Newport Beach FY 2021-2022 STREETLIGHT IMPROVEMENT PROJECT (HARBOR VIEW HILLS) Contract No. 7661-3 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT 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 subcontractors as listed in the Bidder's electronic bid 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. Bidders must also include DIR registration numbers for each subcontractor. CALPROMAX ENGINEERING, INC. Bidder I Ay��� / VICE PRESIDENT Aut rized Signetark/Title City of Newport Beach FY 2021-2022 STREETLIGHT IMPROVEMENT PROJECT (HARBOR VIEW HILLS) Contract No. 7661-3 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name CALPROMAX ENGINEERING, INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $120,000, provide the following information: No. 1 Project Name/Number Construction on State Highway in Orange County in Stanton at Chapman Avenue / 12-OQ6404 Project Description Modify signal and lighting systems Approximate Construction Dates: From Agency Name Department of Transportation Contact Person Gagandeep Sidu 10/06/2021 To: 01/28/2022 Telephone (949) 279-8466 Original Contract Amount $ 664,988 Final Contract Amount $ 664,988 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 10 No. 2 Construction on State Highway in Los Angeles County in Duarte at Westbound Project Name/Number Buena Vista Street Off -Ramp / 07-4V0604 Project Description Signal and Lighting System Approximate Construction Dates: From 03/22/2021 To: 09/09/2021 Agency Name Department of Transportation Contact Person Mike Fardoun Telephone (626) 339-1601 Original Contract Amount $ 408,164.42rinal Contract Amount $ 408,164.42 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 No. 3 Project Name/Number ATP Cycle 2- Uncontrolled Crosswalk Pedestrian Safety Enhancement Improvements/2016-1 Removal of existing improvements and construction of bulb outs, Installation of a HAWK signal Project Description system, removal and installation of new pedestrian heads and countdowns, upgrading of curb ramps, , ewalk & driveway. Approximate Construction Dates: From 03/17/2020 To: 06/11/2021 Agency Name City of Huntington Park Contact Person Yunus Rahi Telephone (626) 826-7560 Original Contract Amount $1,950,192 Final Contract Amount $ 2,025,260.99 If final amount is different from original, please explain (change orders, extra work, etc.) Change Order Did you file any claims against the Agency? Did the Agency file any claims No against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number Rush St. & Peck Rd. Traffic Signal and Lighting Modification Project / 67-900-9020-293 Modification and installation of traffic signal and lighting to include new poles, foundations, Project Description controllers, conduit, traffic striping and traffic control. Construction of curb ramps, sidewalk, commercial driveway, asphalt concrete, base, meclian curs and stamped Approximate Construction Dates: From Agency Name City of South El Monte Contact Person Okan Demirci 11/16/2020 To: 08/01/2021 Telephone (714) 319-6137 Original Contract Amount $ 609,076 Final Contract Amount $ 626,131.45 If final amount is different from original, please explain (change orders, extra work, etc.) Change Order 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 Katella Ave & Struck Ave Intersection Improvements / 189-36 Remove and install new traffic signal poles, mast arms, new pole foundation with rebar cages, luminaires, Project Description pull boxes, conduit, signal head indications, controller cabinet, controller, BBS, EVP, CCTV. Const. of driveway apron, sidewalk, and ADT--sidewalk AD--sidewalkaccess ramps, asphalt work, landscape & irrigation. Approximate Construction Dates: From 03/31/2020 To: 04/30/2021 Agency Name City of Orange Contact Person Lori Wolfe Telephone (714) 402-9645 Original Contract Amount $ 621,340 Final Contract Amount $ 650,508 If final amount is different from original, please explain (change orders, extra work, etc.) Change Order 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 No. 6 Project Name/Number Construction on State Highway in Orange County in La Habra at Fashion Square Lane / 12-OQ2904 Project Description Modify traffic signals, add lighting & construct ADA curb ramps Approximate Construction Dates: From 07/27/2020 Agency Name Department of Transportation Contact Person Gagandeep Sidhu To: 06/04/2021 Telephone (94� 279-8466 Original Contract Amount $ 399,294 Final Contract Amount $ 416,587 If final amount is different from original, please explain (change orders, extra work, etc.) Change Order Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. CALPROMAX ENGINEERING, INC. Bidder A horized Sig re/Title 13 Jose Vega, Superintendent Mr. Vega has more than 15 years of experience in construction of Public works mainly in concrete, electrical, and traffic signal projects. He is fully capable of managing construction on site and coordinating different site activities to execute and deliver a successful project. Currently he serves at Calpromax engineering as the site superintendent since October 2016. Mr. Vega has more than 15 years of experience in general engineering, electrical, grading, excavation, fencing, and traffic signals project. His previous projects are mainly electrical, traffic signal, Concrete & Asphalt work, site improvement, street improvement, street lights, interconnect, underground conduit, roadway, retaining walls, Mr. Vega holds license A (general engineering) and C 10 electrical license. Some of Mr. Vega's Projects Below are some of Mr. Vega's projects he directly supervised. Client County of Riverside Project Description Country Club Drive & Adam Street traffic Signal and Lighting project in the community of Bermuda Duns Client California Department of Transportation- CALTRANS Project Description Install Pedestrian Hybrid Beacon at Crosswalk on pacific coast Highway. Client City of Pasadena Project Description street lighting improvements at various development locations Client City of Newport Beach Project Description East Bluff park field improvements Client California Department of Transportation Project Description Traffic Signal. Beach Blvd. & Rosecrans Avenue in La Mirada, CA This Project includes Construction of New foundations and adding new conductors. Client California Department of Transportation Project Description Traffic Signal. Beach Blvd. & Franklin St. in Buena Park, CA This Project includes Modification of existing intersection And rewiring the entire intersection with conductors. Installing new foundations and underground conduits. Including all new striping and traffic loops. Client City of Garden Grove Project Description Traffic Signal Various Locations in Garden Grove, CA This Project includes Construction of New foundations for Cabinets and Services, construction foundation of traffic signal Poles for four intersections and rewiring the four intersections and connecting them with interconnect. Client City of Riverside Project Description University Avenue & Canyon Crest Drive Street Improvements This Project includes signal and street modification intersection, sidewalk improvements, utilities' for electrical work Other projects: Projects for the City of Inglewood, Norwalk, Los Angeles, Temple City, Murrieta, Perris & Indian Wells Mr. Vega Projects responsibility included: ➢ Supervising and insuring compliance with plans and specification. ➢ Maintaining awareness of safety and health requirements. ➢ Enforcing applicable regulations and contract provisions for the protection of public and project personnel. ➢ Scheduling and monitoring work to meet project milestones. ➢ Reviewing project schedules. Modifying design to field conditions. ➢ Co -coordinating activities of various agencies. ➢ Preparing change orders and work estimates. ➢ Preparing final as -built plans. ➢ Building and standing of Traffic Signal poles. ➢ Connecting conductors to the controller cabinets including interconnect. ➢ Monitor and supervise the operation of rewiring traffic signal intersections. ➢ Monitor and supervise all underground work including directional boring of new conduits. City of Newport Beach FY 2021-2022 STREETLIGHT IMPROVEMENT PROJECT (HARBOR VIEW HILLS) Contract No. 7661-3 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) Maria Armogeda being first duly sworn, deposes and says that he or she is Vice President of Calpromax Engineering, 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. CALPROMAX ENGINEERING, INC. / VICE PRESIDENT Bidder thorizeig ature/Title Subscribed and sworn to (or affirmed) before me on this, day of ! f V;-1JN •v, , 2021 by /�I „:a /? I��ac,t 6l proved to me on the basis of satisfactory evidence to be the person.} who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. � Notary Public JEFFREY A. LAf7SON o CO''h "232,5983 [SEAL]=hC��a, Ncfa a California �x- My Commission Expires:V �..e....or. 2, 2024 1EII City of Newport Beach FY 2021-2022 STREETLIGHT IMPROVEMENT PROJECT (HARBOR VIEW HILLS) Contract No. 7661-3 DESIGNATION OF SURETIES Bidder's name CALPROMAX ENGINEERING, INC. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): BROKER FOR INSURANCE & BOND Alliant Insurance Services, Inc. 333 Hope St., Ste. 3750, Los Angeles, CA 90071 / Phone: (213) 443-2473 SURETY FOR BONDS: United States Fire Insurance Company 305 Madison Avenue, Morristown, NJ 07962 / Phone: (973) 490-6600 SURETY FOR INSURANCE: CNA 1000 Wilshire Blvd., 18 FL #1800, Los Angeles, CA 90017 / Phone: (877) 400-0750 15 City of Newport Beach FY 2021-2022 STREETLIGHT IMPROVEMENT PROJECT (HARBOR VIEW HILLS) Contract No. 7661-3 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name CALPROMAX ENGINEERING, INC. Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2020 2019 2018 2017 2016 Total 2021 No. of contracts 5 5 9 10 7 4 40 Total dollar Amount of Contracts (in 3,046 1,409 6,859 3,186 2,074 1,126 17,700 Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving 0 0 0 0 0 0 0 permanent transfer to another job or termination of employment I he 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. M Legal Business Name of Bidder CALPROMAX ENGINEERING, INC. Business Address: 700 S. VAN BUREN ST., STE. C, PLACENTIA, CA 92870 Business Tel. No.: (714) 573-4599 State Contractor's License No. and Classification: 995933 / A, B Title Vice President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the 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 ATTACHED] 17 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT i 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 On /I,,- "Z(AJ i_I before me, personally appeared t «1'"(cu liff`)�, /�'�'�t�,l t I1t here Insert .1i1'i title of ,hr officer) who proved to me on the basis of satisfactory evidence to be the personTs) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that Fre-/she/t#ey executed the same in hrs/her/t- rei authorized capacity(i•es), and that by his-fher/tkejr signature'(s� on the instrument the personN, or the entity upon behalf of which the persont5) 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 �v Optional Information •- JEFFREY A. LA SON ° esw. MNIM. #2325983 z Not', Public - California Oranga un, Co My Co;-M. Expires Ap . 2, 2024 (Seal) Oni:. - _ 10: V 4.= 1[ co,;id (,,I; `raurtulr•nt r t-nv_tl -,I:!-c.,-t�ch.� u' o� ;�knarle'tgrr .i un,.0 - r ri r•d document and may ;,rrlve useful tc I)criur s r !% lig on the lied d ;_r.•ncnt. Description of Attached Document -- - -- -- --- The preceding Certificate of Acknowledgment is attached to a document PAethod of signer Identification titled/for the purpose of proved to one on thr., basis of satisi xto y evideri, e Noi,iiui went is d0ldll2d in notary lournai on: containing pages, and datedr:ntry The ;ig ner(s) capaclty or aLlthOl li'V Is/are as: .110tC I/ uritaC" lidividual(s) Other epresenrinu: City of Newport Beach FY 2021-2022 STREETLIGHT IMPROVEMENT PROJECT (HARBOR VIEW HILLS) Contract No. 7661-3 ACKNOWLEDGEMENT OF ADDENDA Bidder's name CALPROMAX ENGINERING, 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 Signature W1 City of Newport Beach FY 2021-2022 STREETLIGHT IMPROVEMENT PROJECT (HARBOR VIEW HILLS) Contract No. 7661-3 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: CALPROMAx ENGINEERING, INC. Business Address: 700 S. VAN BUREN ST., STE C, PLACENTIA, CA 92870 Telephone and Fax Number: T: (714) 573-4599 / F: (714) 459-7088 California State Contractor's License No. and Class (REQUIRED AT TIME OF AWARD) 995933 / A, B Original Date Issued: 08/20/2014 Expiration Date: 08/31/2022 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: JOSEI.VEGA- SUPERINTENDENT 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 Nizar Kabbany President 5405 Alton Pkwy, A-377 Irvine CA 92604 (714) 573-4599 Maria Armogeda VP/Secretary/Treasurer 11232 Euclid St., Garden Grove, CA 92840 (714) 573-4599 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NONE All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NONE For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: NONE 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. NO 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 com liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No 20 Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. NIZAR KABBANY (Print name of Owner or President of Corpo ation/Company) CALPROMAX ENGINEERING, INC. �,, VICE PRESIDENT - Bidder uthoriz Si ature/Title MARIA ARr GEDA VICE PRESIDENT Title /i d 3 2vz Date On nLI before me, _,�� f1'zti /t U'f1171N Notary Public, personally appeared /n"I`ty /ar tAwn< a who proved to me on the basis of satisfactory evidence to be the person-4 whose name(s) is/are subscribed to the within instrument and acknowledged to me that h�./she/Hiey executed the same in hisfher/their authorized capacity(12�, and that by hri her/tlaejr signatures) -on the instrument the personX or the entity upon behalf of which the personN 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. Notary Public in and for said State My Commission Expires: '1211r.1r1014 21 JEFFREY A. LARSON (SEAL) o CONIM. „2325983 z e ✓(-ii_1'� idciar Publi Calrferr,ia o Orange County 1 hty Cor E.xpires,tor. 2, 2024 City of Newport Beach FY 2021-2022 STREETLIGHT IMPROVEMENT PROJECT (HARBOR VIEW HILLS) Contract No. 7661-3 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 FY 2021-2022 STREETLIGHT IMPROVEMENT PROJECT (HARBOR VIEW HILLS) CONTRACT NO. 7661-3 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 30th day of November, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and CALPROMAX ENGINEERING, INC., a California corporation ("Contractor"), whose address is 700 S. Van Buren Street, Suite C, Placentia, California 92870, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: mobilization; providing traffic control; distributing construction notifications; concrete improvements; installing, removing and relocating street lighting facilities; furnishing and installing street lighting facilities and appurtenances; restoring concrete and grout caps; potholing existing utilities; and all other items to complete work in place (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7661-3, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Seven Hundred Sixty Eight Thousand Six Hundred Sixty Five Dollars and 00/100 ($768,665.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Jose Vega to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to Calpromax Engineering, Inc. Page 2 City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jose Vega Calpromax Engineering, Inc. 700 S. Van Buren St., Suite C Placentia, CA 92870 Calpromax Engineering, Inc. Page 3 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Calpromax Engineering, Inc. Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. Calpromax Engineering, Inc. Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be Calpromax Engineering, Inc. Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. Calpromax Engineering, Inc. Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. Calpromax Engineering, Inc. Page 8 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Calpromax Engineering, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I Z/o i / L l By: a on C. Harp City Attorney ATTEST: ��II Date: By: Leilani I. Brown City Clerk :;M.w CITY OF NEWPORT BEACH, a California muni i al corporation Date: _ _7_ ' By: Kevin Muldoon / Mayor CONTRACTOR: Calpromax Engineering, Inc., a California corporation Date: By: Signed in Counterpart Nizar Kabbany Chief Executive Officer Date: Signed in Counterpart By: Maria Armogeda Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements (NA&a-. Calpromax Engineering, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: IZ/ol /?lt By: A6V� � ()) ron C. Harp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk J 4`�''" '' L 1, • k 11-1 CITY OF NEWPORT BEACH, a California municipal corporation Date: Mayor CONTRACTOR: Calpromax Engineering, Inc., a California corporation Date: /7 //D/ �W / Chibf Exe6 tiver Officer Date: /.2//0, By: 4�laria Armogeda Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Calpromax Engineering, Inc. Page 10 EXHIBIT A Premium included with Performance Bond CITY OF NEWPORT BEACH BOND NO. 602-134688-7 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Calpromax Engineering, Inc. hereinafter designated as the "Principal," a contract for mobilization; providing traffic control; distributing construction notifications; concrete improvements; installing, removing and relocating street lighting facilities; furnishing and installing street lighting facilities and appurtenances; restoring concrete and grout caps; potholing existing utilities; and all other items to complete work in place in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, United States Fire Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Sixty Eight Thousand Six Hundred Sixty Five Dollars and 001100 ($768,665.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as Calpromax Engineering, Inc. Page A-1 to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 8th day of December , 20 21 Calpromax Engineering, Inc. /ff'2�z Iky '�( 11�( Name of Contractor (Principal)i e -.. ignata�e/Title «l United States Fire Insurance Company I - Name of Surety jh ofized A nt Si nature 305 Madison Avenue, Morristown, NJ 07962 Lisa L. Thornton, Attorney in Fact Address of Surety Print Name and Title 973 490-6600 Telephone APPROVED AS TO FORM: CITY ATTOf�NEY'S OFFICE Date: f / / a / 1 t B..`,..� C n� Y Aakon C. Harp Ww 11. a .-LA City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Calpromax Engineering, Inc. Page A-2 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. SEE ATTACHED ACKNOWLEDGEMENT FOR SURETY State of California Count �.n�- �Sq. On _ Tl?YE 6 e, , 20 d ( 1,qe me, G , Notary Public, personally appeared I czC4, who proved to me on the basis of satisfactory evidence to be the person(s) Whose name(s) is/ subscribed to the within instrument and acknowledged to me that he/swtky,executed the same in his/Aer/`tI;eir authorized capacity(ies), and that by his/W/ttir 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. G. K. MILLER m COMM ... 2351794 0" at NOTARY PUBLIC-CALIFORNIA -i ORANGE COUNTY G) DMX term Exp.Merch 16, 2025 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verges 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 I ss. On , 20 before me, , Notary Public, personally appeared , 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 (seal) Calpromax Engineering, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 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 ) ss County of Los Angeles ) On k7— 6- ZO-Z—� , before me, Natalie K. Trofimoff, Notary Public, personally appeared Lisa L. Thornton who proved to me on the basis of satisfactory evidence to be the personks) whose nameks4 islaw-e subscribed to the within instrument and acknowledged to me that 4e�she4h-ey executed the same in #is�her#heir authorized capacity4e4, and that by 4s/her, * signature{s4 on the instrument the personk4, or the entity upon behalf of which the person{s4 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. - ' NATAUE K. TROFIMOFF COMM # 2308129 r d ^ Notary Public - caiitnmla LOS ANGELES COUNTY M MY Comm. Expires OCT 22. 2min Signature: (Seal) Natalie K. Trofimoff, Notary Public POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 01687411321 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: C.K. Nakamura, Noemi Quiroz, Maria Pena, Tim M. Tomko, Tiffany Coronado, Jessica Rosser, Natalie K. Trofrmoff, Lisa L. Thornton, Patricia S. Arana each, its true and lawful Attomey(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars ($7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attomeys-In-Fact named above and expires on January 31, 2022. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attomey, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 22" day of August 2019. $� UNITED STATES FIRE INSURANCE COMPANY Anthony R. Slimowicz, President State of Pennsylvania } County of Philadelphia) On this 22❑d day of August 2019, before me, a Notary public ofthe State of Pennsylvania, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. Commonwealth of Pennsylvania —Notary Seal Tamara Watkins, Notary Public Philadelphia County Tamara Watkins (Notary Public) My commission expires August 22, 2023 Commission number 1348843 I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Cemp.wy on the 8thday of Dcc 2021 0 UNITED STATES FIR\E INSURANCE COMPANY 1 Al Wright, Senior Vice President EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 602-134688-7 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ rate of $ 12.50 being at the thousand of the Contract price. 9,608.00 WHEREAS, the City of Newport Beach, State of California, has awarded to Calpromax Engineering, Inc. hereinafter designated as the "Principal," a contract for mobilization; providing traffic control; distributing construction notifications; concrete improvements; installing, removing and relocating street lighting facilities; furnishing and installing street lighting facilities and appurtenances; restoring concrete and grout caps; potholing existing utilities; and all other items to complete work in place in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and United states Fire insurance company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Sixty Eight Thousand Six Hundred Sixty Five Dollars and 00/100 ($768,665.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Calpromax Engineering, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly and Surety above named, on the 8th day of December Calpromax Engineering, Inc. Name of Contractor (Principal) United States Fire Insurance Company Name of Surety 305 Madison Avenue, Morristown, NJ 07962 Address of Surety 973 490-6600 Telephone APPROVED AS TO FORM: CITY ATTCrYGY'� OFFICI Date: (( 2- 7 Aaron C. Harp " Vu"^j 17,1t • Lk City Attorney Lisa L. Thornton, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED by the Principal Calpromax Engineering, Inc. Page B-2 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. SEE ATTACHED ACKNOWLEDGEMENT FOR SURETY State of California County of d/ "6 qq C— Iss. On ���b i , 201;1 before me, ° K' Notary Public, personally appeared Y n , who proved to me on the basis of satisfactory evidence to be the persons hose name(s) is/arl� subscribe,04o the within instrument and acknowledged to me that he/�W/theyexecuted the same in his/h t Ir authorized capacity(ies), and that by his/hef%tfr 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. m G. K. MILLER COMM...2351794 U '°� NOTARY PUBLIC•CALIFORNIA —I In „, ORANGE COUNTY W My Term Exp.m. 16, 2025 Signature (seal) 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 } ss. On , 20 before me, , Notary Public, personally appeared , 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 (seal) Calpromax Engineering, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 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 ) ss County of Los Angeles ) On 2 `z — .6 -- Z,02-.-i , before me, Natalie K. Trofimoff, Notary Public, personally appeared Lisa L. Thornton . who proved to me on the basis of satisfactory evidence to be the personks} whose name(s4 is/a+e subscribed to the within instrument and acknowledged to me that 4e�she4l4ey executed the same in 44,/her/theiF authorized capacity4es4, and that by #ims/her�theiF signatureks4 on the instrument the personk4, or the entity upon behalf of which the person{) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. WNATA LIE K. TRORMOFFmm# 2308129ry Public - calltornla ANGELES COUNTY m. ExpiresOCT 22.2423M Signature: (Seal) Natalie K. Trofimoff, Notary Pu is EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Calpromax Engineering, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory_. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following. - A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten Calpromax Engineering, Inc. Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. 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, Contractor 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. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be Calpromax Engineering, Inc. Page C-3 entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Calpromax Engineering, Inc. Page C-4 K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Calpromax Engineering, Inc. Page C-5 From: Customer Service To: Morgan, Shelby Cc: lori.alcala(alebix.com Subject: Compliance Alert -Vendor Number 7661-3 Date: January 14, 2022 8:40:09 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non -compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. 7661-3 Calpromax Engineering, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach. City of Newport Beach FY 2021-2022 STREETLIGHT IMPROVEMENT PROJECT (HARBOR VIEW HILLS) Contract No. 7661-3 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. 7661-3 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: 11 /03/2021 Date (714) 573-4599 / (714) 459-7088 Bidder's Telephone and Fax Numbers 995933 / A, B Bidder's License No(s). and Classifications) 1000028249 DIR Registration Number CALPROMAX ENGINEERING, INC. Bidder VICE PRESIDENT Bidder's Auth r'ze Signature and Title 700 S. VAN BUREN ST., STE. C PLACENTIA, CA 92870 Bidder's Address Bidder's email address: calpromax@gmail.com PR-1 Vendor Name Calpromax Engineering, inc Address 650 N Rose Drive #186 Placentia, California 92870 United States Respondee Maria Arrnogeda Respondee Title Vice President Phone 714-573-4599 Email calpromax@gmail com Vendor Type License # CADIR Bid Format Electronic Submitted 11/04/2021 9.37 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 271736 File Title File Name File Type Bid Bond C 7661 3 Calpromax Engineering Inc.pdf Bid Bond C 7661 3 Calpromax Engineering Inc.pdf Bid Bond BID SUBMITTAL C 76613 Calpromax Engineering Inc.pdf BID SUBMITTAL C 76613 Calpromax Engineering Inc.pdf General Attachment No Subcontractors Discount Terms No Discount Item Item * Code Type Item Description UOM QTY Unit Price Line Total Response Comment Section 1 S768,665.00 1 Mobilization LS 1 $5,000.00 S5,000.00 Yes 2 Traffic Control LS i $9,200.00 59,200.00 Yes 3 Replace Existing Luminaire on Existing Streetlight Standard with New GE 35 Watt, 4,100 Lumen, 240 Volt LED Luminaire (EPIC-02-0-04- B-40-D-B-BLCK-XXX) EA 128 $1,300.00 S166,400.00 Yes 4 Replace Existing Luminaire on Existing Streetlight Standard with New Leotek 49W, 7,256 Lumen, 240 Volt LED Luminaire (GCJ3-30J- M V-40 K-2ROT5-P RC7-CR) EA 29 $440.00 $72,760.00 Yes 5 Replace and Install New Type III (14'-6") Standard (Ameron CAT. No. 7-C2-13P) and GE 35 watt, 4,100 Lumen, 240 Volt LED Luminaire (EPTC-02-0-04-B- 40-D-B-BLCK-XXX) EA 9 $3,900.00 S35,100.00 Yes 6 Furnish and Install New 248 Stranded Copper Insulated Conductors and 148 Bare Copper Conductor LF 19500 $4.00 $78,000.00 Yes 7 Furnish and Install New 448 Stranded Copper Insulated Conductors and 1-98 Bare Copper Conductor LF 7600 $5.75 S43,700.00 Yes 8 Furnish and Install New #3-1/2 F Concrete Pull Box EA 5 $460.00 S2,300.00 Yes 9 Remove and Replace Existing Pull Box EA 168 $800.00 9134,400.00 Yes 10 Furnish and Install New Single -Meter Type III -BF Service Cabinet EA 6 $8,200.00 $49,200.00 Yes 11 Re -grout and Restore Surface FA 51 $400.00 $20,400.00 Yes 12 Remove Existing Series Conductors Prior to Installing New Conductors LS 1 $17,000.00 $17,000.00 Yes 13 Remove and Salvage Existing Series Service Disconnect EA 2 $1,100.00 S2,200.00 Yes 14 Trim Brush and/or Tree EA 43 $500.00 $21,500.00 Yes 15 Furnish and Install New 1-1/4" PVC Conduit with 2-98 Stranded Copper Insulated Conductors and 148 Bare Copper Conductor LF 130 $57.00 S7,410.00 Yes 16 Furnish and Install New 1-1/4" PVC Conduit with 448 Stranded Copper Insulated Conductors and 148 Bare Copper Conductor LF 200 S60.00 $12,000.00 Yes 17 Reset Existing Street Light Standard on Existing Foundation to Grade and Cut off Exposed Anchor Bolts EA 52 $400.00 S20,800.00 Yes 18 Furnish and Install New F3-1/2 F Concrete Pull Box EA 2 $460.00 $920.00 Yes 19 Repair Crack on Pole with Epoxy or as Suggested by the Engineer EA 10 $400.00 $4,000.00 Yes 20 Add House Shield on Luminaire EA 35 $150.00 S5,250.00 Yes 21 Replace Existing Luminaire on Existing Streetlight Standard with New GE 43 watt, 5,100 Lumen, 240 Volt LED Luminaire (EPTC-02-0-05- B-40-D-BBLCK- XXX)EA 13 $1,400.00 $78,200.00 Yes 22 Add Cul-de-sac Shield on Luminaire EA 5 S150.00 $750,00 Yes 23 Furnish and Install New N5 F Concrete Pull Box EA 21 $575.00 S12,075.00 Yes 24 Restoration of decorative parkway and landscaping with establishment FA 6 $1.150.00 $6,900.00 Yes 25 Replace hand hole cover EA 5 $280.00 $1,400.00 Yes 26 Replace and Install New Type III (14'-6") Standard (Ameron CAT. No, 7-C2-13P) EA 9 $2,700.00 $24,300.00 Yes 27 Potholing in Concrete/Asphalt Roadways LS t $25,000.00 S25,000.00 Yes 28 Potholing in Parkway LS 1 S25,000.00 $25,000.00 Yes 29 Provide As -Built Drawings LS 1 S1,000.00 $1,000.00 Yes 30 Relocate Existing Pedestal at Polaris Drive and Morning Star Lane LS 1 $6,500.00 S6,500.00 Yes Section Title Section 1 Grand Total Line Total $768,665.00 $768,665.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS FY 2021-2022 STREETLIGHT IMPROVEMENT PROJECT (HARBOR VIEW HILLS) PROJECT NO. 22V02 CONTRACT NO. C-7661-3 PART 1 - GENERAL PROVISIONS SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 6-7 TIME OF COMPLETION 6-7.1 General 6-7.4 Sequence Construction QRpFESS/ONq� �p M of 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6-9 LIQUIDATED DAMAGES w N No. 50813 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR CIVIL Q OF rM 1 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 4 4 5 5 5 6 6 6 7 7 7 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 8 7-1.2 Temporary Utility Services 8 7-2 LABOR 8 7-2.2 Prevailing Wages 8 7-7 COOPERATION AND COLLATERAL WORK 8 7-8 WORK SITE MAINTENANCE 8 7-8.4 Storage of Equipment and Materials 8 7-8.4.2 Storage in Public Streets 8 7-8.6 Water Pollution Control 9 7-8.6.2 Best Management Practices (BMPs) 9 7-10 SAFETY 9 7-10.3 Haul Routes 9 7-10.4 Safety 10 7-10.4.1 Work Site Safety 10 7-10.5 Security and Protective Devices 10 7-10.5.3 Steel Plate Covers 10 SECTION 9 - MEASUREMENT AND PAYMENT 11 9-2 LUMP SUM WORK 11 9-3 PAYMENT 11 9-3.1 General 11 9-3.2 Partial and Final Payment. 18 PART 2 - CONSTRUCTION MATERIALS 18 SECTION 200 — ROCK MATERIALS 18 200-2 UNTREATED BASE MATERIALS 18 200-2.1 General 18 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 18 201-1 PORTLAND CEMENT CONCRETE 18 201-1.1 Requirements 18 201-1.1.2 Concrete Specified by Class and Alternate Class 18 201-2 REINFORCEMENT FOR CONCRETE 18 201-2.2 Steel Reinforcement 18 201-2.2.1 Reinforcing Steel 18 SECTION 203 — BITUMINOUS MATERIALS 18 203-6 ASPHALT CONCRETE 18 203-6.5 Type III Asphalt Concrete Mixtures 18 PART 3 - CONSTRUCTION METHODS 19 SECTION 300 - EARTHWORK 19 300-1 CLEARING AND GRUBBING 19 300-1.3 Removal and Disposal of Materials 19 300-1.3.1 General 19 300-1.3.2 Requirements 19 SECTION 302 - ROADWAY SURFACING 20 302-4 SLURRY SEAL SURFACING 20 302-4.8 Spreading and Application 20 302-4.9 Field Sampling and Testing 20 302-5 ASPHALT CONCRETE PAVEMENT 20 302-5.1 General 20 302-5.8 Manholes (and Other Structures) 20 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 21 302-6.7 Traffic and Use Provisions 21 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 21 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 21 303-5.1 Requirements 21 303-5.1.1 General 21 303-5.5 Finishing 21 303-5.5.2 Curb 21 303-5.5.4 Gutter 21 400-2 UNTREATED BASE MATERIALS 21 PART 6 - TEMPORARY TRAFFIC CONTROL 22 SECTION 600 - ACCESS 22 600-1 GENERAL 22 600-2 VEHICULAR ACCESS 22 600-3 PEDESTRIAN ACCESS 23 SECTION 601— WORK AREA TRAFFIC CONTROL 23 601-1 GENERAL 23 601-2 TRAFFIC CONTROL PLAN (TCP) 23 PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 24 SECTION 700 — MATERIALS 24 700-1 GENERAL 24 PART 8 - LANDSCAPING AND IRRIGATION 25 SECTION 800 - MATERIALS 26 800-1 LANDSCAPING MATERIALS 26 800-1.1 Topsoil 26 800-1.1.1 General 26 SECTION 801 - INSTALLATION 26 801-1 GENERAL 26 801-6 MAINTENANCE AND PLANT ESTABLISHMENT 27 APPENDIX A - CONSTRUCTION PHASING 28 APPENDIX B - PEDESTAL RELOCATION AT POLARIS DRIVE / MORNING STAR LANE (BID ITEM NO. 30) 29 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS STREETLIGHT IMPROVEMENT PROJECT (HARBOR VIEW HILLS) PROJECT NO. 22V02 CONTRACT NO. C-7661-3 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R-7000-S); (3) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2021 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS UNITS OF MEASURE AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Page 1 of 29 At the time of the award and until completion of work, the Contractor shall possess a Class "A" or "C-10" license. The Contractor shall have maintained a contractor's license for at least five years and completed, at a minimum, three comparable sized streetlight series conversion projects. Projects and contacts shall be listed in the Technical Ability and Experience Reference sheet. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of mobilization, providing traffic control, distributing construction notifications, concrete improvements, installing, removing and relocating street lighting facilities, furnishing and installing street lighting facilities and appurtenances, restoring concrete and grout caps, potholing existing utilities, and all other items to complete work in place. 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor will: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. Page 2 of 29 SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Page 3 of 29 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48-hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes within paving area shall be temporarily lowered and Page 4 of 29 covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing street light standards and luminaires, service disconnects, pull boxes, utility manhole (including grade rings), meter or valve box covers, and all removed pipes as identified by the Engineer. Salvaged materials shall be delivered to Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting the City of Newport Beach Utilities Division at (949) 644-3011. Any unwanted materials shall be hauled away by the Contractor. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. Streetlights shall not be out for more than seven (7) consecutive calendar days. Contractor shall be responsible for providing alternative temporary power, as necessary. Use of temporary generator with noise -dampening equipment, shall be pre -approved by the Engineer. Page 5 of 29 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 120 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 301h (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-7.4 Sequence of Construction Work shall be sequenced in accordance with Appendix A and constructed one phase at a time, unless otherwise approved by the Engineer. Once the current phase has been Page 6 of 29 completed to the satisfaction of the Engineer, including damage repair, the Engineer will issue a "written go ahead" to the Contractor allowing them to proceed to the next phase. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. 6-11 Sequence of Construction. All work pertaining directly to furnishing and installing the service cabinets shall be completed prior to all other work. For each new service location all coordination with Southern California Edison (SCE) and the City shall be signed off and written confirmation provided to the Engineer from SCE documenting the meter connection and energizing schedule. Work shall be completed to the satisfaction of the Engineer prior to proceeding with the remaining scheduled work. The Contractor shall be responsible for obtaining a written "Notice -to -Proceed" from the Engineer prior to starting additional contract work. The Contractor shall schedule all work to minimize the inconvenience to the public. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR Page 7 of 29 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shutdowns of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown of these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to Page 8 of 29 arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (W.A.T.C.H.), latest edition, also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.3 Haul Routes Page 9 of 29 Haul routes shall'be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. 7-10.6 "No Parking" Signs. The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12-inches wide and 18-inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs, which are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2-inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.7 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 Page 10 of 29 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As -Built" drawings. It shall be the contractor's responsibility to arrange for the appropriate changes to be made to the final drawing set, and present both a corrected Mylar hard copy and a compact disc (CD) with each drawing sheet saved as a .PDF as described in the City of Newport Beach Design Criteria Standard Special Provisions & Standard Drawings for Public Works Construction 2004 edition (revised June 23, 2008). The "As -Built" Mylar plans and CD shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. Contract will be Page 11 of 29 awarded based on the lowest base bid received. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, preparing traffic control plans (Delete if TC Plans are not required), providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K-rails, temporary striping, and flag persons. This item includes providing four (4) CMS and updating messages on the CMS as requested by the Engineer. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 3 Replace Existing Luminaire on Existing Streetlight Standard with New GE 35 watt, 4,100 Lumen, 240 Volt LED Luminaire (EPTC-02-0-04-B-40-D-B- BLCK-XXX): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing New GE 35 watt, 4,100 Lumen, 240 Volt LED Luminaire with shorting cap on existing street light standard; furnishing and installing double fuse holder with 5 amp glass type fuses (Tron #HEX -AA) in adjacent pull box per Detail 'C' as noted on the plans; and all other items to complete the work in place. Item No. 4 Replace Existing Luminaire on Existing Streetlight Standard with New Leotek 49W, 7,256 Lumen, 240 Volt LED Luminaire (GCJ3-30J-MV-40K-2R- GY-075-PRC7-CR): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing new Leotek 49 watt, 7,256 lumen, 240 volt LED luminaire with shorting cap on existing street light standard; furnishing and installing double fuse holder with 5 amp glass type fuses (Tron #HEX -AA) in adjacent pull box per Detail 'C' as noted on the plans; and all other items to complete the work in place. Item No. 5 Replace and Install New Type III (14'-6") Standard (Ameron CAT. No. 7-C2-13P) and GE 35 watt, 4,100 Lumen, 240 Volt LED Luminaire (EPTC-02-0-04-B- 40-D-B-BLCK-XXX): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing existing street light standard and installing new street light standard on existing foundation, as shown on plan or as Page 12 of 29 directed by the Engineer; re -grouting; sawcutting; removing and disposing of existing pavement sections to accommodate improvements; furnishing and installing new GE 35 watt, 4,100 Lumen, 240 Volt LED Luminaire with shorting cap; furnishing and installing double fuse holder with 5 amp glass type fuses (Tron #HEX -AA) in adjacent pull box as per Detail `C' as noted on the plans; backfilling, compacting, restoring surface (full panels) to match adjacent area including landscaping and irrigation systems; disposing of excess excavated materials; installing pole number tag as directed by the Engineer; furnishing and installing sign(s) as directed by the Engineer; and all other items to complete the work in place. This item shall also include salvaging and delivering the old pole to the Utilities Yard located at 949 W. 16th Street. Item No. 6 Furnish and Install New 248 Stranded Copper Insulated Conductors and 148 Bare Copper Conductor: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing new 248 stranded copper insulated conductors, 148 bare copper conductor, and appurtenances in existing conduit; removing, salvaging, and/or disposing existing wiring; and all other items to complete the work in place. Conduit ends shall be re- sealed with ductseal or approved equal. Item No. 7 Furnish and Install New 448 Stranded Copper Insulated Conductors and 148 Bare Copper Conductor: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing new 448 stranded copper insulated conductors, 148 bare copper conductor, and appurtenances in existing conduit; removing, salvaging, and/or disposing existing wiring; and all other items to complete the work in place. Conduit ends shall be re- sealed with ductseal or approved equal. Item No. 8 Furnish and Install New #3-1/2 F Concrete Pull Box: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing #3'/2 F concrete pull box, or as directed by the Engineer, per Detail 'B', Detail `C', and Detail `G' as noted on the plans; installing minimum 24" of additional wiring and coil (pigtail) within pull box; installation of pull boxes with tamper- proof stainless steel locking bolts/nuts, Bryce Fastener or equivalent; Lock nuts shall be 3/18-16 Penta Nut 316SS; removing pavement; backfilling, compacting, restoring surface (full panels) to match adjacent area including landscaping and irrigation systems; disposing of excess excavated materials; and all other items to complete the work in place. Item No. 9 Remove and Replace Existing Pull Box: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing and disposing existing pull box; furnishing and installing new #31/2 F concrete pull box, or as directed by the Engineer, per Detail `B' as noted on the plans; installing 24" of additional wiring and coil (pigtail) within pull box; installation of pull boxes with tamper- proof stainless steel locking bolts/nuts, Bryce Fastener or equivalent; Lock nuts shall be 3/18-16 Penta Nut 316SS; removing existing abandoned conduit and conductors; removing pavement; backfilling, compacting, restoring surface (full panels) to match adjacent area including landscaping and irrigation systems; disposing of excess excavated materials; and all other items to complete the work in place. Page 13 of 29 Item No. 10 Furnish and Install New Single -Meter Type III -BF Service Cabinet: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing, constructing, and installing new single -meter stainless steel Type III -BF Myers service cabinet as directed by the Engineer, base/foundation, and electrical components per the details shown on the plans; installing 3" PVC conduit with pull rope from service cabinet to adjacent SCE service point as required by SCE; coordinating with the Engineer and SCE for service connection and core drilling; connecting conductors and wiring; providing new Type V photoelectric cell and 3-20 amp contactors, 1-1 P 20 amp breaker for PE control and 4-2P 20 amp breakers for the required circuits; labeling circuits per National Electrical Code (NEC); installing twist - lock photo electric cell with shield facing away from traffic within cabinet; removing pavement, excavating, backfilling, compacting, disposing of excess excavated materials, restoring surface (full panels) to match adjacent area including landscaping and irrigation systems as directed by the Engineer, temporary patching or plating, controlling ground and surface water, and all other items to complete the work in place. The Contractor shall complete all work relating to installing or modifying service cabinets, including, but not limited to, furnishing and installing equipment, coordinating with SCE, and ensuring the new system is operational. Work shall be completed to the satisfaction of the Engineer prior to proceeding with remaining scheduled work. Item No. 11 Re -grout and Restore Surface: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for re -grouting the existing street light standard on existing foundation to grade; restoring surface (full panels) to match adjacent area including landscaping and irrigation systems; disposing of excess excavated materials; and all other work items to complete the work in place. Item No. 12 Remove Existing Series Conductors Prior to Installing New Conductors: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering existing series conductors within existing conduit as noted on plans, installing new conductors as noted on plans in existing/new conduit, removing and disposing existing pull box, connecting the existing conduit with new appropriate -sized conduit and fittings, backfilling, and restoring surface (full panels) to match adjacent area including landscaping and irrigation systems, as directed by the Engineer; and all other work items to complete the work in place. Item No. 13 Remove and Salvage Existing Series Service Disconnect: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing existing series service disconnect, electrical components, and appurtenances; coordinating with SCE for service disconnection; removing pavement foundation, excavating, backfilling, compacting, disposing of excess excavated materials, restoring surface (full panels) to match adjacent area including irrigation systems as directed by the Engineer; disposing of excess excavated materials; temporary patching or plating; controlling ground and surface water; and all other items to complete work in place. Page 14 of 29 Item No. 14 Trim Brush and/or Tree: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for trimming/removing existing brush and/or trees as directed by the Engineer; disposing of materials; and all other items to complete the work in place. This item may be removed or reduced in the contract at the Engineer's discretion and no compensation shall be made for bid items removed or reduced. Item No. 15 Furnish and Install New 1-1/4" PVC Conduit with 248 Stranded Copper Insulated Conductors and 148 Bare Copper Conductor: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1-1/4" PVC conduit with 448 stranded copper insulated conductors, 148 bare copper conductor, and appurtenances to make required connections, wiring, and all other items to complete the work in place. Conduit ends shall be sealed with ductseal or approved equal. Conduit shall be installed under sidewalk/parkway/street or as directed by the Engineer. Item No. 16 Furnish and Install New 1-1/4" PVC Conduit with 448 Stranded Copper Insulated Conductors and 148 Bare Copper Conductor: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1-1/4" PVC conduit with 448 stranded copper insulated conductors, 148 bare copper conductor, and appurtenances to make required connections, wiring, and all other items to complete the work in place. Conduit ends shall be sealed with ductseal or approved equal. Conduit shall be installed under sidewalk/parkway/street or as directed by the Engineer. Item No. 17 Reset Existing Street Light Standard on Existing Foundation to Grade and Cut off Exposed Anchor Bolts: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for resetting existing street light standards on existing foundations to grade, or as directed by the Engineer; cutting off exposed anchor bolts; removing landscaping; backfilling, compacting, restoring surface (full panels) to match adjacent area including landscaping and irrigation systems; disposing of excess excavated materials; and all other items to complete the work in place. Item No. 18 Furnish and Install New #3-1/2 F Concrete Pull Box: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing #3'/2 F concrete pull box, or as directed by the Engineer, per Detail `B', Detail 'C', and Detail `F' as noted on the plans; installing minimum 24" of additional wiring and coil (pigtail) within pull box; installation of pull boxes with tamper -proof stainless steel locking bolts/nuts, Bryce Fastener or equivalent; Lock nuts shall be 3/18-16 Penta Nut 316SS; removing pavement; backfilling, compacting, restoring surface (full panels) to match adjacent area including landscaping and irrigation systems; disposing of excess excavated materials; and all other items to complete the work in place. Item No. 19 Repair Crack on Pole with Epoxy or as Suggested by the Engineer: Work under this item shall include, but not be limited to, the cost of all labor, equipment Page 15 of 29 and materials for repairing cracks on pole as noted on plans, as directed by the Engineer; and all other work items to complete the work in place. Item No. 20 Add House Shield on Luminaire: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for installing luminaire shield, as directed by the Engineer; and all other work items to complete the work in place. Item No. 21 Replace Existing Luminaire on Existing Streetlight Standard with New GE 43 watt, 5,100 Lumen, 240 Volt LED Luminaire (EPTC-02-0-05-B-40-D-B- BLCK-XXX): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing, salvaging and delivering, or disposing the existing luminaire; furnishing and installing New GE 43 watt, 5,100 Lumen, 240 Volt LED Luminaire with shorting cap on existing street light standard; furnishing and installing double fuse holder with 5 amp glass type fuses (Tron #HEX -AA) in adjacent pull box per Detail `C' as noted on the plans; and all other items to complete the work in place. Item No. 22 Add Cul-de-sac Shield on Luminaire: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for installing luminaire shield, as directed by the Engineer; and all other work items to complete the work in place. Item No. 23 Furnish and Install New #5 F Concrete Pull Box: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing #5 F concrete pull box, or as directed by the Engineer, per Detail `B', Detail `C', and Detail `F' as noted on the plans; installing minimum 24" of additional wiring and coil (pigtail) within pull box; installation of pull boxes with tamper- proof stainless steel locking bolts/nuts, Bryce Fastener or equivalent; Lock nuts shall be 3/18-16 Penta Nut 316SS; removing pavement; backfilling, compacting, restoring surface (full panels) to match adjacent area including landscaping and irrigation systems; disposing of excess excavated materials; and all other items to complete the work in place. Item No. 24 Restoration of decorative parkway and landscaping with establishment: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for restoration of decorative parkways and landscaping with establishment as noted on plans and specifications, and all other work items to complete the work in place to the satisfaction of the Engineer. Item No. 25 Replace hand hole cover: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for replacing hand hole covers to match existing as noted on plans and specifications, and all other work items to complete the work in place to the satisfaction of the Engineer. Item No. 26 Replace and Install New Type III (14'-6") Standard (Ameron CAT. No. 7-C2-13P): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing existing street light standard and installing Page 16 of 29 new street light standard on existing foundation, reinstalling/rewiring of existing luminaire to new street light standard, as shown on plan or as directed by the Engineer; re -grouting; sawcutting; removing and disposing of existing pavement sections to accommodate improvements; backfilling, compacting, restoring surface (full panels) to match adjacent area including landscaping and irrigation systems; disposing of excess excavated materials; installing pole number tag as directed by the Engineer; furnishing and installing sign(s) as directed by the Engineer; and all other items to complete the work in place. This item shall also include salvaging and delivering the old pole to the Utilities Yard located at 949 W. 16th Street. Item No. 27 Potholing in Concrete/Asphalt Roadways (Allowance): Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for potholing within concrete and asphalt areas. This pay item shall be for additional potholes needed to locate utilities that are not clearly noted on the plans. Work shall also include replacing back concrete, asphalt, and decorative paving in kind per City Standards (STD 105-L-B through STD 105-L-F) and Specifications, Cost of this work shall be $800.00 per pothole with a total allowance up to $25,000.00. Pothole locations shall be determined by Public Works Inspector. This item may be removed or reduced in the contract at the City's discretion and no additional compensation shall be made for bid items removed or reduced. Item No. 28 Potholing in Parkway (Allowance): Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for potholing within the landscaped parkway. This pay item shall be for additional potholes needed to locate utilities that are not clearly noted on the plans. Work shall also include replacing back landscape parkway, matching the existing condition, in kind per City Standards and Specifications. Cost of this work shall be $400.00 per pothole with a total allowance up to $25,000.00. Pothole locations shall be determined by Public Works Inspector. This item may be removed or reduced in the contract at the City's discretion and no additional compensation shall be made for bid items removed or reduced. Item No. 29 Provide As -Built Drawings (Fixed): Work under this item shall include, but not be limited to, all costs necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for progress payment. An amount of $1,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. Item No. 30 Relocate Existing Pedestal at Polaris Drive and Morning Star Lane: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for relocating the existing 100 Amp service (120/240, 1 P, 3KW) as depicted in the Contract Documents (Appendix B), including a variable height concrete curb (ranging from 6-inch to 8-inch, Contractor to verify in field), restoration at the previous location and all other items to complete the work in place to the satisfaction of the Engineer. Page 17 of 29 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2-inch minimum cover unless shown otherwise on the plans. SECTION 203 — BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 203-6.5 Type III Asphalt Concrete Mixtures Asphalt concrete finish course and leveling course shall be Type III-C3-PG 64-10 (20% max RAP). Asphalt concrete base course shall be Type III-B2-PG 64-10 (20% max RAP). Page 18 of 29 PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3-feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. Page 19 of 29 SECTION 302 - ROADWAY SURFACING 302-4 SLURRY SEAL SURFACING 302-4.8 Spreading and Application Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured, the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Prior to applying slurry seal, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all locations with weeds shall be treated by an approved weed -killer before any slurry seal is applied. 302-4.9 Field Sampling and Testing Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry seal mix. The Contractor shall apply the slurry seal test sections as directed by the Engineer. No slurry seal shall be applied until the test slurry seal sections have been approved the Engineer. The costs of these slurry seal tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Field samples that do not meet the requirements of Table 302-4.9.1 shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing. 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General All cracks'/4-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas, no highway rated equipment or trucks are to be used (e.g. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top layer of asphalt concrete (finish course) shall be placed in a separate lift. Longitudinal joints between two passes of asphalt concrete shall be along a lane line. Holes, spalls, and cracks greater than 1/4-inch in width shall be filled and compacted to 95% minimum. The pavement shall then be cleaned with a power broom. 302-5.8 Manholes (and Other Structures) All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to pavement cold milling. Upon completion of asphalt concrete finish course, the top of manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the smoothness requirement as specified in 302-5.6.2. Page 20 of 29 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on attained a minimum compressive strength of 3001 may be attained to meet the time constraints by the chemical admixtures in accordance with Section Engineer. The cost of high early strength concret( for all concrete bid items. iew concrete until the concrete has psi. High early strength concrete use of additional portland cement or D1-1 and with prior approval of the shall be included in the unit prices SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72 hours following concrete placement. 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. 303-5.5.4 Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. PART 4 — ALTERNATE MATERIALS 400-2 UNTREATED BASE MATERIALS 400-2.1 General 400-2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." Page 21 of 29 PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2-inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City "PERMIT PARKING ONLY" signs are available from the Engineer. Page 22 of 29 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, flashing arrow boards for lane closures, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall submit to the Engineer, at least five working days prior to the pre - construction meeting, a traffic control plan showing typical closures and detour plan(s). The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. A traffic control plan is required for work along and affecting Jamboree Road and shall be prepared and signed by a California Traffic Engineer. 2. Emergency vehicle access shall be maintained at all times. 3. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 4. All advanced warning sign installations shall be reflectorized and/or lighted. 5. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. 6. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. Temporary striping may be required and shall be shown on the TCP. Page 23 of 29 7. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 8. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 9. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS SECTION 700 — MATERIALS 700-1 GENERAL 700-3.2 Anchor Bolts, Nuts, and Washers. Anchor bolts shall conform to the Detail Sheet as noted on the plans. 700-3.5 Conduit. Unless otherwise noted on the plans, conduit shall be 1'/4" Schedule 40 PVC per Detail `B' as noted on the plans. 3" line -side conduit from service cabinet to Edison Vault shall be per SCE specifications and requirements. 700-4.1 Reinforced Concrete Standards. Street Light standards shall conform to the City of Newport Beach Standard Special Provisions and Detail `D', as noted on the plans. Luminaires for New Multiple Circuits LED Luminaires shall be: GE Evolve Post Top LED Street Light • 35 watt 4,100 Lumen, 240 Volt # EPTC-02-0-04-B-40-D-B-BLCK-XXX • 43 watt 5,100 Lumen, 240 Volt # E PTC-02-0-05-B-40-D-B-B LC K-XXX LEOTEK GreenCobra LED Street Light • 49 watt 7,256 Lumen, 240 volt,#GCJ3-30J-MV-40K-2R-GY-075-PRC7-CR Contact: South Coast Lighting, Kevin Sakamoto (949) 689-6990. LED luminaires shall be warranted a minimum of 10 years from the date of project acceptance. Page 24 of 29 700-4.2 Wire/Conductors. Wiring for street lighting shall consist of 2#8 stranded copper insulated conductors for each circuit with 1#8 bare copper conductor for grounding. Each street lighting circuit shall be color coded. Refer to project plans for color codes for each circuit. Fuse holders shall be model TRON #HEX -AA and contain Mersen/Ferraz Shawmut Normal Blow GGU5 5A 120V Glass Fuses. Pull boxes with new lock shall be Eisel Enterprises No. 3'/2 F or No. 5F or pre -approved equal per Detail 'B' as noted on the plans. Pull boxes shall have tamper -proof stainless steel locking bolts/nuts, Bryce Fastener or equivalent; Lock nuts shall be 3/18-16 Penta Nut 316SS. Type III -BF single -meter stainless steel service cabinets shall conform to the requirements of Detail 'A' as noted on the plans. Service panel shall provide same number of relay contactors as circuits. Service cabinet shall be Myers MEUG-20X-316- M1 00-SCE-1 20/240-1 Ph/3W with the following: • 200A / 4 Jaw Meter Socket & Test Blocks • 12 Circuit Panel • 100A/2P-Main Breaker-10KAIC • 20A/2P — Lighting — 4 Ea. • 20A/1 P — PE Control — 1 Ea. • 30A/3P — ABB Ltg Contactor-120V Coil— 3 Ea. Test Switch • P.E. Receptacle • 316 Stainless Steel Const. — NEMA 3R 316 Stainless Steel Base Assy. Included New locks shall be provided on street light panel doors. Contractor shall salvage the existing screws. 700-4.7 Photoelectric Controls. Photocells shall be Fisher Pierce, 7-Pin, twist lock. Photocells installed on service cabinets shall include control relays. Photocells on luminaires shall include shorting caps. PART 8 - LANDSCAPING AND IRRIGATION Page 25 of 29 SECTION 800 - MATERIALS 800-1 LANDSCAPING MATERIALS 800-1.1 Topsoil 800-1.1.1 General Topsoil shall be Class A (imported). SECTION 801 - INSTALLATION 801-1 GENERAL The landscape contractor or subcontractor shall provide a licensed Pest Control Advisor (PCA) prior to applying herbicide. The PCA will be responsible for preparing and approving a Pest Control Recommendation and providing Safety Data Sheets (SDS). These items shall be included with the herbicide submittal. The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet with the City Arborist a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The City Arborist will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City Arborist for inspection. Upon inspection, the City Arborist may require the Contractor to formally submit a plan for removing the large roots to the City for review. If required, the submittal shall adhere to the following guidelines 1. Root Pruninq a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City Arborist. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. Page 26 of 29 b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City Arborist. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT The maintenance and plant establishment period shall be for a period of (90) calendar days. Page 27 of 29 APPENDIX A — CONSTRUCTION PHASING Page 28 of 29 O�kF VIEW CIR V Ol a a m Z vai O�7( s V a i j�Qtii d2 S .;' " pQ tiY OR O dO yy q, J4�P u I meG r oil y 0 ��a F p m O� 27p llpl. U ? z oo_ N ry o Ewa- q m o m �Ei m pbJ 9cyC0�6 - Ql b '�? co �~=Op � J Q z y O = WLU , s>I OVl w J Od U F yJ0) ? o W 09 Q z U Q 2 cp Q Y o CO t�pUSE�" J z It O F- W ( Q 0 p�QIll�" ci J S ~ W U Z W m z m )b U 0-1>g )s W �co F U Q Cl) U S b nk1�bJbW QOSa f E O Z W U H U - COAS"I 11V'� Q Q Q Q S cn U U U Jib W W br> W W Orb fn w S< b0 w < (n �)mg OOb 2 2 d4y Q Q 2 Q 2 Q 01 : b�OdL JO�b y pJ1 I I oF.tiM 4 hr J APPENDIX B — PEDESTAL RELOCATION AT POLARIS DRIVE / MORNING STAR LANE (BID ITEM NO. 30) Page 29 of 29 m X W 'o X � � I _ m N m m a ma� o n E N i / 3003 . w�, ..-x. d-O om a L m - ia - ama zz� O C7 M U f mn m z U = z w = z0 w F H W ¢ �w 2 z w ¢ U O vi uiaU = mp O ° mw N ~ U ¢ U3:ulz, w� .wz—, zw z—>wJw I O < w " u � z w�mcnz woo 7)zQQp wz �_aa U U (n U m