HomeMy WebLinkAbout06 - Approval of an On-Call M/RSA for Streetlight Maintenance and RepairsQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
June 25, 2024
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mark Vukojevic, Utilities Director - 949-644-3011,
mvukojevic@newportbeachca.gov
PREPARED BY: Casey Parks, Utilities Superintendent - 949-718-3477,
cparks@newportbeachca.gov
TITLE: Approval of an On -Call Maintenance Services Agreement with
Bear Electrical Solutions for Streetlight Maintenance and Repairs
ABSTRACT:
The City of Newport Beach owns and maintains approximately 6,000 streetlights and
700 other lighting fixtures. Nearly all of the lights have been converted to efficient, LED
lights over the years. The lights are maintained through a combination of Utilities
Department staff electricians and contract services. Staff conducted a request for
proposals (RFP) and recommends the approval of an on -call service agreement with Bear
Electrical Solutions, Inc., to provide streetlight maintenance and repair services.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve the On -Call Maintenance/Repair Services Agreement for Citywide Streetlight
Maintenance and As -Needed Repair Services for a five-year contract term and a total
amount of $1,125,000, and authorize the Mayor and City Clerk to execute the
agreement.
DISCUSSION:
The Utilities Department maintains the City's 6,000 streetlights and 700 other city -owned
lighting fixtures. These fixtures include bollards, park lights, parking lot lights, tree
lights/uplighting, and beach floodlights. The department manages these assets through
a combination of resources, including Utilities Department staff; a contract service
provider for maintenance, repairs and replacements and another contractor for
emergency services such as nighttime knockdowns. Additionally, the Public Works
Department's annual Capital Improvement Program regularly includes streetlight
replacements and upgrades to the system.
The proposed services agreement requires the contractor to provide licensed electricians,
specialized vehicles (bucket truck and crane, etc.), tools, equipment and materials to
repair, maintain and troubleshoot streetlight and lighting systems. The contractor is
required to respond to work orders using the City's work order system, perform
non -emergency and emergency repairs, and respond on a scheduled and on -call basis.
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Approval of an On -Call Maintenance Services Agreement with
Bear Electrical Solutions for Streetlight Maintenance and Repairs
June 25, 2024
Page 2
The service agreement with the current contractor is nearing its five-year expiration. The
Utilities and Finance Departments issued a request for proposals (RFP) to solicit
proposals for these services. The City received six proposals, and a proposal review team
evaluated and graded them based on technical qualifications, experience and the
proposer's ability to perform and to deploy services, which accounted for 60 percent of
the evaluation criteria. The remaining 40 percent of the evaluation criteria compared
pricing, including the hourly rates for labor and equipment. Of these six proposals, two
highly qualified firms demonstrated their ability to perform all the services listed in the
scope of work. The two qualified firms are listed below.
The proposals ranked as follows:
Proposer
Technical Score
Cost Score
Total Score
Overall Rank
Max 60
Max 40
Bear Electrical
48.00
40.00
88.00
1
Solutions
Yunex LLC
46.67
35.33
82.00
2
Upon completion of the evaluation scoring, Bear Electrical Solutions, Inc., ranked highest
in technical qualifications and submitted the lowest cumulative pricing for labor and
equipment. Bear Electrical is the City's current contractor for streetlight maintenance
services and has performed very well and been very responsive over the past five years.
The company maintains a local office and corporate yard in Orange County, which
enables quick responses to the city.
The Utilities Department recommends the approval of a contract with Bear Electrical
Solutions, Inc., for a five-year contract term in the amount of $1,125,000.
FISCAL IMPACT:
The current adopted budget and proposed FY24-25 budget include sufficient funding for
these services. It will be expensed to the Streetlight Services Contract account in the
Utilities Department, 0109063-811017.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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Approval of an On -Call Maintenance Services Agreement with
Bear Electrical Solutions for Streetlight Maintenance and Repairs
June 25, 2024
Page 3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Maintenance Services Agreement with Bear Electrical Solutions, Inc.
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ATTACHMENT A
ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH BEAR ELECTRICAL SOLUTIONS, INC. FOR
CITYWIDE STREETLIGHT MAINTENANCE AND AS -NEEDED REPAIRS
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 25th day of June, 2024 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and BEAR ELECTRICAL SOLUTIONS, INC., a
California corporation ("Contractor"), whose address is 1252 State Street, Alviso, CA
95002, 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 cant' on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform on -call maintenance and/or repair
services for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on May 31, 2029, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed One Million One Hundred Twenty Five Thousand
Dollars and 001100 ($1,125,000.00), without prior written amendment to the Agreement.
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4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 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 Agreement term. Contractor has designated Art Torres to be its Project
Manager. Contractor shall not remove or reassign the Project Manager or any personnel
Bear Electrical Solutions, Inc. Page 3
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listed in Exhibit A or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Utilities Department. City's Utilities
Manager or designee shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
Bear Electrical Solutions, Inc. Page 4
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lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services 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 Services required hereunder; or for damage to property from any cause arising from
the performance of the Project and/or Services by Contractor, or its subcontractors, or its
workers, or anyone employed by either of them.
9.2 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 and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services contemplated
by this Agreement (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 Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them), and/or if it is subsequently determined that an
employee of Contractor is not an independent contractor.
9.4 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 Agreement. 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.
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9.5 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 Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
10.1 It is understood that City retains Contractor on an independent contractor
basis and Contractor is not an agent or employee 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 expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Contractor or any
of Contractor's employees or agents, to be the agents or employees of City. 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 Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work 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
Services.
10.2 Contractor agrees and acknowledges that no individual performing Services
or Work pursuant to this Agreement shall: work full-time for more than six (6) months;
work regular part-time service of at least an average of twenty (20) hours per week for
one year or longer; work nine hundred sixty (960) hours in any fiscal year; or already be
a CalPERS member.
11. 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 Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
Bear Electrical Solutions, Inc. Page 6 6.9
13. 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.
14. 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 Agreement or for other periods as specified in this Agreement, 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.
15. BONDING
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) 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 any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein
by this reference.
15.2 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, (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.
15.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, 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.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
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Work contemplated under the Contract shall be paid to all workmen employed on the
Work to be done according to the Contract by the Contractor and any subcontractor. 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. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations, and the parties agree that the City shall not be liable for any violation thereof.
16.2 If both the Davis -Bacon Act and State of California prevailing wage laws
apply and the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per
diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive,
Newport Beach, California 92660, and are available to any interested party on request.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of 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 cotenancy, 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.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any 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 Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
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19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
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24. CONFLICTS OF INTEREST
24.1 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 Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 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 Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement 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.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Utilities Manager
Utilities Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Robert Asuncion
Bear Electrical Solutions, Inc.
1252 State Street
Alviso, CA 95002
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
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Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 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/Consultant 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.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. 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, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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 reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
Bear Electrical Solutions, Inc. Page 11
6-14
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 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 and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement 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.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement 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.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
Bear Electrical Solutions, Inc. Page 12 6-15
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 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.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts, This Agreement 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.
[SIGNATURES ON NEXT PAGE]
Bear Electrical Solutions, Inc. Page 13 6-16
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
on C. Harp
O' y Attorney s/�l
y
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neil
Mayor
CONTRACTOR: BEAR ELECTRICAL
SOLUTIONS, INC., a California
corporation
Date:
Bv:
Michael Peters
Chief Executive Officer
Date:
By:
Robert Asuncion
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
Bear Electrical Solutions, Inc. Page 14 6-17
EXHIBIT A
SCOPE OF SERVICES
Bear Electrical Solutions, Inc. Page A-1
6-18
SCOPE OF SERVICES - I
Objective:
Contractor shall provide the following services to the City, under the direction of the Utilities
Department, which shall identify specific tasks, deliverables, and deadlines on an as -needed
basis.
Minimum Qualifications:
• At least five (5) years of experience delivering professional streetlight maintenance and
emergency and on -call supplemental repair services as directed by the City.
• Contractor shall always maintain a C-10 Electrical contractor's license for the duration of
the agreement.
• Contractor's assigned staff shall have the necessary training to work with high voltage
series streetlights.
Description:
Contractor shall furnish all labor, tools, expendable equipment, materials, transportation
services necessary to perform the services outlined in the RFP and described herein including,
but not limited to, the following:
• Routine maintenance services for the City's streetlights, parking lot lights, beach flood
lights, bollards, meter cabinets and exterior building lighting as a result of normal
operational wear and tear, including light out service requests.
• Repair or replacement of materials due to collision, mischief, and/or acts of nature.
• Conduit repair, new conduit installation, pulling wire and setting of pull boxes.
• Contractor must be able to completely and to safely secure any electrical hazard
including high voltage series streetlights (less than 6,000 volts).
QUALITY OF WORK AND MATERIALS
The Contractor shall perform all Work required, and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment and all utility and transportation services
necessary for the Project, including delivery, storage and handling of products.
All material and equipment furnished by the Contractor shall be high grade, and free from
defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in
accord with the best standard practices. Both materials and workmanship shall be subject to
the approval of the Project Administrator.
The actual cost of all materials passed on to the City shall be wholesale cost of the material.
The wholesale cost shall be the actual cost paid by the Contractor reflecting the best
price, including discounts available. Receipts shall be required for reimbursements.
• At no time shall the cost of materials exceed retail cost from the current price list,
minus the discount rates.
6-19
SCOPE OF SERVICES - 2
• Typical costs of the streetlight poles, bulbs, ballasts, photocells, LED fixtures, etc. to
be submitted to the City prior to approval.
The City reserves the right to purchase materials directly and make them available to the
Contractor. In the event the City exercises the option to purchase the materials, the following
conditions will apply:
• Contractor shall conform to all City practices and procedures.
• All City purchases will be for the sole expressed use of and for the City.
• The City shall secure, store, inventory, distribute and control all materials entrusted to
the Contractor's representatives.
• Materials and inventories shall be accounted for at the beginning of each scheduled shift
or as needed.
• The Contractor will not include the materials cost for the specified work for which the
City provided parts.
All work shall be performed in accordance with the HIGHEST INDUSTRY
STANDARDS, as stated in the specifications described herein. Standards and frequencies may
be modified from time to time as deemed necessary by the City for the proper maintenance
of the sites.
If, in the judgment of the City, the quality of work is less than that specified herein, the City shall,
at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate
payment from the Contractor until services are rendered in accordance with specifications set
forth within this document and providing no other arrangements have been made between the
Contractor and the City. Failure to notify of a change and/or failure to perform an item or work
on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date,
week, or month. Payment will be retained for work not performed until such time as the work is
performed to City standard.
STAFFING THE SERVICES
The electricians assigned to staff these services should have sufficient experience in
working with streetlights at the various levels noted in the bid item descriptions. The Staff
person noted in Proposal Item No. 1. Item should be an experienced journeyman
electrician. The electrician assigned to this task item should be the same person on a daily
basis, developing a familiarity with the City and the Utilities Department. The schedule is
estimated at three (3) days per week, 8 hours per day, but may fluctuate as needed. A
detailed resume for the proposed staff person is required as part of the submittal.
Substituting this person will require approval of the City.
WORKMANSHIP AND SUPERVISION
Contractor shall designate a Project Manager to serve as the main contact for the Contractor
throughout the project. The Project Manager shall have the authority to handle and resolve
any contract disputes with the City and be experienced in supervising streetlight maintenance.
0
SCOPE OF SERVICES - 3
All work shall meet with the approval of the City's designated Project Administrator. Any specific
problem area which does not meet the conditions of the specifications set forth herein shall
be called to the attention of the Contractor's Project Manager and if not corrected, payment to
the Contractor will not be made until condition is corrected in a satisfactory manner as set forth
in the specifications.
LICENSES & TRAINING
Contractor shall always maintain a C-10 Electrical contractor's license for the duration of the
agreement. Contractor's assigned staff shall have the necessary training to work with high
voltage series streetlights.
RESPONSIBILITY FOR DAMAGES OR INJURY
Any damage done by Contractor outside the area and scope of the work of the contract
shall be repaired or replaced as directed at no additional cost to the City.
CITY WORK ORDER AND GIS SYSTEM
Upon completion of agreement, Contractor shall be trained and given access to the City's
internet-based work order system, Quest and the City's GIS system.
Contractor will be required to respond to create, track, monitor, and complete work orders in
real time. The work order numbers created through the Quest system will be noted on work
completed in the invoices.
INVOICES
Invoices from Contractor shall contain information on work completed.
Work completed will be identified by City issued work order number, work completed, time to
complete, and, if applicable, materials installed at cost plus markup.
WORKING HOURS
Normal working hours shall be between the hours of 7:00 a.m. and 4:30 p.m., Monday
through Thursday, and 7:00 a.m. and 3:30 p.m. on Friday. After hours and holidays, work is
only to be scheduled or authorized with prior written permission from the City, unless it is an
emergency situation.
EMERGENCY REPAIR SERIVCES
• Contractor must be available for same day response, including after-hours,
weekends, and holidays with a response time of 2 hours.
• Overtime refers to any day after an 8-hour workday.
• After-hours refers to Monday through Thursday 8:00 pm to 6:00 am
• Weekends begin 8:00 pm Friday to 6:00 am Monday.
6-21
SCOPE OF SERVICES - 4
• When an emergency repair request is made, the Contractor must respond within one
hour from initial call from the City
REQUIRED REPORTING
Contractor shall utilize the City's work order system to monitor and track response times, work
completed, and materials used.
Contractor shall provide monthly activity reports to verify response times of maintenance
crews to light out calls and shall be attached with monthly invoice.
Contractor shall report any database errors or omissions as part of the monthly activity
report.
The monthly activity report shall detail all inspection and maintenance activities performed
by the Contractor. All maintenance work shall be initiated by the Contractor within 48 hours of
request by the City.
SAFETY REQUIREMENTS
All work performed under this contract shall be performed in such a manner as to provide
maximum safety to the public and where applicable comply with all safety standards required
by CAL -OSHA. The City reserves the right to issue restraint or cease and desist orders to
the Contractor when unsafe or harmful acts are observed or reported relative to the
performance under the contract. All contractor employees shall be trained in and have access
to a W.A.T.C.H. (Work Area Traffic Control Handbook) at all times.
Contractor's field personnel shall wear easily recognizable uniforms containing Contractor's
name. Contractor shall be responsible for supplying all appropriate personal protective
equipment including but not limited to safety vests, safety shoes and reflective vests.
Contractor shall maintain all work sites free of hazards to persons and/or property resulting from
his/her operations. Any hazardous condition noted by the Contractor, which is not a result of
his/her operations, shall be immediately reported to the City.
Warning signs, lights, and devices shall be installed and displayed in conformity with "The
California Manual on Uniform Traffic Devices" for use in performance of work upon highways
issued by the State of California, Department of Transportation.
Contractor's employees shall be trained in health and safety per CALOSHA
requirements.
6-22
0- LGIMMI
TECHNICAL MAINTENANCE
DEFINITIONS
• Streetlight -- City -owned lighting poles, luminaries, and appurtenances of all types and
wattages within the public right-of-way.
• Safety light -- Designated streetlight attached to a pole in conjunction with a traffic signal
light.
• Routine Maintenance Services -- Services for the City's streetlights as a result of
normal operational wear and tear, such as, changing lights, bollards, ballasts, etc.
• Emergency Repair Services -- Repair or replacement of materials as a result of
collision, mischief, and/or acts of nature that requires immediate response from
Contractor personnel.
• On -Call Supplemental Services — Non -emergency projects, or troubleshooting
beyond basic services, that will be scheduled with the Project Administrator before any
work commences.
ROUTINE MAINTENANCE SERVICES
• Install, repair, and replace streetlight fixtures, lamps and ballasts.
• Install, repair, and replace streetlight system components including but not limited to,
fuses and fuse holders, meter pedestals, pull boxes and pole components.
• Electrical troubleshooting and repairs to City maintained lights including streetlights,
bollards, parking lot poles, exterior city facility lighting and beach flood lights.
• System inspections
Daily tasks will be assigned by the City's SCADA/ Electrical Supervisor or their designee.
All outages identified by the Contractor, City, and the public shall be recorded, repaired,
and included as part of an activity report submitted to the City on a monthly basis.
The monthly activity report shall detail all inspection and maintenance activities performed
by the Contractor. All maintenance work shall be initiated by the Contractor within 48 hours of
request by the City.
Contractor shall not perform any inspection or repair activities to safety lights, traffic signal
lights, or the poles that they are attached as part of this contract unless given specific direction
from the City's project manager.
Contractor shall accept responsibility for the maintenance of the streetlight system "as -is".
The City will stock streetlight poles, arms, lamps, ballasts, photocells, wire, pullboxes, bulbs,
fixtures, fuse holders, conduit and meter cabinets at a City facility. It is the Contractors
responsibility to pick up materials each morning and deliver to the jobsite if needed.
6-23
SCOPE OF SERVICES - 6
Contractor may need to provide materials to complete the work identified in the Scope of Service,
including but not limited to: tools and all repair materials. These materials will be stored at the
Contractor's facility at no additional fee to the City.
The City will only pay for cost of agreed upon materials. Other materials that are required by
the Contractor to perform the work specified shall be provided by the Contractor at no extra
cost to the City.
The Contractor shall clean components each and every time a service call is made to the fixture
under the terms of this contract. Cleaning shall consist of wiping the lens, refractor, opal glass
with a clean, soft cloth so as to remove all dirt, dust, and foreign matter.
Streetlights considered potentially hazardous to the public, as identified by the Contractor
during the normal inspection and maintenance process, shall be reported to the City
immediately.
Contractor must be able to:
• Completely and safely secure any electrical hazard including high voltage series
streetlights (less than 6,000 volts.)
• Set a concrete pull box with lid on any exposed wires that cannot be contained in
their original structures.
• Clear any heavy, downed or leaning light pole or poles within 8 hours of initial call.
• Clear light poles from obstructing traffic, roadways, & pedestrian passage on sidewalks.
• Remove and replace streetlight foundations and grout caps.
• Electrical troubleshooting and repairs to City maintained lights and appurtenances.
• Set barricades and caution tape over any debris left at the scene.
• Notify the City representative at the beginning of the next work shift reporting what
has been done.
• Provide 24-hour phone number available to City emergency personnel.
• If additional problems or abnormalities exist during the response, contact the City
representative immediately.
• Upon completion of the work a detailed inventory of all lights in the city including
location, pole type, wattage, etc. will be provided to the contractor.
6-24
SCOPE OF SERVICES - 7
ON -CALL SUPPLEMENTAL SERVICES
Night Patrols (Currently performed by City staff)
When needed, Contractor shall provide night patrols whereby every streetlight shall be
checked quarterly or once every three months (four times per calendar year). The
Contractor shall provide a written report to the City the results of the night patrols.
• Contractor to provide a schedule of the night patrols to the Project Administrator after the
award of contract.
• Contractor shall create work orders in the City's system for all outages or repairs
found during the patrols.
• Remove and replace streetlight foundations and grout caps.
• Open trench and bore conduit.
• Pull wire.
All other repairs not specifically listed in Scope of Service including, but not limited to leaning
poles and extended troubleshooting, shall be billed per the attached Billing Rates Sheet, or
individual quotes can be provided by the Contractor on each job.
No supplemental services shall be completed until the Contractor receives prior approval
from the Project Administrator.
Some types of maintenance may require the crew to leave the site to obtain the necessary
materials or equipment to complete such repairs. In the event extensive repairs are required
Contractor shall inform the Project Administrator with an estimated timeline and cost prior to
any work completed; however, no longer than fourteen (14) days after knowledge of the outage.
Repairs requiring special factory orders shall be completed within seven (7) days after receipt
of material.
Supplemental Project Administration
When the need for supplemental services arises, the City shall request in writing, the
necessary services required in adequate detail. Contractor shall then provide a letter proposal
for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter
Proposal shall include the following:
A detailed description of the Services to be provided;
• The estimated number of hours and cost to complete the Services; and
The time needed to finish the specific Project.
City will assess the Letter Proposal to ensure that services and costs proposed are
commensurate with those provided in the Contractor's Billing Sheet. No Services shall be
provided until the City has provided written acceptance of the Letter Proposal. Once
authorized to proceed, Contractor shall diligently perform the duties in the approved Letter
Proposal.
6-25
SCOPE OF SERVICES - 8
TYPES OF POLES AND FIXTURES
Contractor must have all standard industrial certifications required and demonstrate
experience maintaining and repairing various pole and fixtures types including:
Poles
Fixtures
1212T
High Pressure Sodium (35-400 watt,
1214T
120/240 volts)
1316T
42D
42D DBL
LED cobra head (including
42D OBS
but not limited to GE, Philips,
45D
Leotech, Synergy)
65D
65D DBL
68D
LED retrofit (including but
7003 J
7003 J DBL
not limited to GE, Philips,
7004 J
Truly Green)
7004 J DBL
AMERON AEGEAN
AMERON JSL
AMERON JSL DBL
AMERON VICTORIAN
IMPERIAL
MANVILLE
PUMCO 500
Bollards
Various Cast Aluminum
Various Cast Steel
6-26
Driving a Higher
Standard
Bear Electrical Solutions Inc.
April 29, 2024
City of Newport Beach - On Call
Streetlight Maintenance & Repair
Services. RFP No.24-61
6-27
April 29, 2024 ks 0
City of Newport Beach B E R R
100 Civic Center Drive
Newport Beach, CA 92660
RE: Proposal Response to Request for Proposal No. 24-61 - On -Call Streetlight Maintenance & Repair
Services
Dear Shaun Tormey,
Bear Electrical Solutions (Bear) is committed to the continuation of our Streetlight Maintenance
Services for the City of Newport Beach; as such, we are excited to respond to the City's RFP.
Bear is a full -service electrical contractor specializing in maintenance and emergency on -call services
for public agencies. Established in 2013, Bear has a proven customer base providing similar
services to this proposal with over 100 public municipalities throughout California.
This proposal highlights the following key advantages in maintaining Bear as the City's maintenance
provider:
• Keeping our current team in place, we will be able to provide continuity from the past
five (5) years of working with the City.
• As the current maintenance provider for the City, we understand and technically know
how to utilize the City's GIS work order system thus providing a seamless transition
between contracts.
• Bear's executive, project, and field management staff have decades of experience in
operations and maintenance for public agencies. One of Bear's principal owners is a
licensed traffic engineer with multiple years of public sector experience; with this
experience, Bear can provide specialized guidance when necessary.
• Bear has one of the best safety records in the industry, with no OSHA violations and a
sub-0.61 EMR.
• Bear is a Southern California Edison -approved contractor capable of providing and
coordinating any ancillary services relatingto electrical systems and streetlights.
Please feel free to contact me should you have any questions. I am one of the Company officers
authorized to negotiate a contract with the City.
Rr'1a rd3,
Bear Electrical Solutions, Inc.
O 9r,unc10i , TE
Vice President
robert@bear-electrical.com
9 Company HQ: 1252 State Street, PO Box 924, Alviso, CA 95002 (408) 449-5178
Q Offices: Sacramento, CA & Anaheim, CA
2024 Bear Electrical Solutions, Inc
.qPrrtinn Pad,-
1. Qualifications and Experience 4
2. Qualifications & Experience of Personnel 7
2.1 Personnel Resumes 8-13
3. Method of Approach / Project Approach 14
4. Equipment Listing 17
App. Required Forms Submitted via Planetbids
2424 Bear Electrical Solutions, inc 3
6-29
About Bear
Bear Electrical Solutions, Inc. (Bear) is a
privately -held California corporation
established in January 2013 and founded to
specifically lead the traffic signal
maintenance industry by "Driving a Higher
Standard." The company founders comprise
a licensed traffic engineer and business &
finance experts focused on providing the
right combination of excellent customer
service and technical expertise.
Our Mission:
We founded Bear because we believe that nobody in
our industry was delivering to a high enough standard.
We sought to change that with a company guided by
five (5) powerful core values: Continuous
Improvement, Lead with Facts not Assumptions, Build
Lasting Relationships, Communicate Effectively and
Clearly, and Be Impeccable with Your Words.
51700
traffic signals maintained
101 public
agencies 9O
24 x 7 x 365 electrical service
maintenance vehicles
15S street lights
1631000
Solutions that Connect Maintenance and Construction:
Within the specialty electrical space, Bear is one of the few companies that operates a Maintenance
and Construction division. At our inception, we realized the importance of building the skills,
equipment, and materials necessary to offer both Construction and Maintenance solutions (as stand-
alone or connected). Our company procedures have been created with this in mind. Certain customers
use our team in a tightly integrated fashion to deliver maintenance and construction as part of one
engagement. The "Method of Approach" section within this proposal addresses in greater detail the
approach and benefits that we will offer the City of Newport Beach.
Regarding utilizing subcontractors to support Newport Beach, Bear will not use any subcontractors as
we have the necessary personnel, equipment, and material resources to satisfy the work scope
specified in the RFP. Our current construction team has completed nearly $40 million of projects in
2023.
2024 Bear Electrical Solutions, Inc 4
6-30
About Bear (cont.)
Industry Qualifications
Bear Electrical is qualified to meet and exceed the requirements outlined by the City Newport Beach.
0 Class A - General Engineering
G
Class C-10 - Electrical
GClass C-31 - Work Zone Traffic Control
6 Class D-31 - Pole Installation and Maintenance
Certifications and affiliations
Signatory to the International Brotherhood of
Electrical Workers (IBEW), Laborers, Low Voltage,
and Operators Union(s)
Department of Industrial Relations (DIR) Certified
& Registered (#1000002158)
Southern California Edison approved
electrical contractor
United Contractors Association Member (UCON)
Maintenance Superintendant Association
(MSA) Sponsor
Orange County Traffic Engineers Council
(OCTEC) Member / Sponsor
Institute of Traffic Engineer (ITE) Member /
Sponsor
International Municipal Signal Association -
various certifications (employee certifications)
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BEAR ELECTRICAL SOLUTIONS
INC
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CONTRACTORS
2024 Bear Electrical Solutions, Inc
r"
6-31
Team & Experience
Bear will maintain our existing team of seasoned staff members to service the City of Newport Beach. They are all long -
tenured employees working for Bear and very familiar with meeting the City's needs. The current engagement team wilt
have the support of additional labor and management resources whenever needed to fulfill additional work scope.
Altogether, our team will provide seamless transition while being capable of providing additional construction work scope.
2024 Bear Electrical Solutions, Inc
7
6-32
Ralph Murillo
Field Superintendent
As the field supervisor technician, Ralph will be responsible for the daily
schedule and management of field resources, ensuring that task and
work order expectations are regularly met. Ralph has been in the traffic
signal industry for over 19 years, from laborer to field superintendent.
Ralph oversees the field operations for the BEAR southern California
office. This entails managing and supervising several foreman
electricians, warehouse/materials laborers, and self -performing traffic
signal fieldwork.
Field Superintendent
v Bear Electrical Solutions, Inc. I 2016-present I Anaheim, CA
U
Responsible for providing the proper resources to internal and external customers. Develops the work
a)
schedule and ensures it meets customers' expectations. Manages 14 field staff, including electricians
and warehouse/laborers.
uJ
• Traffic Signal Maintenance, Emergency Response, Repair & Troubleshooting.
• New Signal Commissioning / ITS Deployment
• Responsible for hiring and training new employees.
• Repair and troubleshoot traffic signals and communication equipment.
• 24/7/365 On -Call duty response
Electrician
Computer Services Co. 1 1995-2016 1 Baldwin Park, CA
• Traffic Signal Maintenance
• Streetlight Maintenance
• Fiber Optic/ Copper/ Wireless Communication
• ITS Deployment
• Traffic Signal Upgrades/ Modifications
Certifications
IMSA - Work Zone Safety
IMSA - Traffic Signals Field Electrician 1/11/III
IMSA Fiber Optic Technician
OSHA 30 Certified
Licenses
General Electrician#141087
2024 Bear Electrical Solutions, Inc
6-33
Art Torres
Project Manager
As the designated Project Manager, Art will be the first point of contact for
the City. Art can provide estimates and scheduling to the City. Art will
communicate project expectations to Bear staff for each on -call work
order. Art will also perform project close-out procedures, including
invoicing, warranty registration, and documentation.
Regional Project Manager
Bear Electrical Solutions, Inc. 12016-present I Anaheim, CA
0
Account project management
• Reports to Vice President of Operations
0-
x
w Traffic Signal Electrician
Computer Services Company 1 2006-2016 1 Baldwin Park, CA
• Traffic signal construction and maintenance
• Trained new employees
Certifications
IMSA Work Zone
IMSA Traffic Signal Level I
IMSA Traffic Signal Level II
IMSA Traffic Signal Level III
NEC# 115259-G
2024 Bear Electrical Solutions, Inc
Q7
6-34
Benito Hernandez
Streetlight Electrician
Benito will continue to be the assigned primary electrician to service the City of
Newport Beach. Benito is fully trained and experienced in working with high
voltage streetlights (6kV). Benito has specifically work for the City of Newport
Beach for over 10 years.
a�
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v
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L11
Journeyman Electrician
Bear Electrical Solutions, Inc. 12019-present I Anaheim, CA
• Designated electrician for the City of Newport Beach since 2019
• Troubleshoot streetlights including making repairs to wires, conduit, and fixtures.
• Performs knockdown repairs including breaking out caps from streetlight poles,
inspecting bolts and confirming whether foundations can be reused.
• Install proprietary equipment such as cameras and other ITS equipment on existing
electrical infrastructure.
• Performs inspections and follow up response to conduits that were hit by other
contractors in the City.
• Fabricate materials to be retrofitted to LED lights.
• Document and report all work utilizing the City's GIS system.
Journeyman Electrician
ILB Electric( 2013-2019 1 Corona, CA
• Troubleshoot streetlights for the City of Newport Beach
• Retrofitted 60% of Newport Beach's streetlights to LED.
• Performed emergency response services including knockdowns, power outages, contractor
damage.
• Performed night surveys and lighting assessments as directed by the City of Newport Beach
staff.
• Concrete finisher; knowledgeable with service pedestal installation
• Knowledgeable with high voltage equipment with oil can.
Certifications
High Voltage Trained / Certified
IMSA Work Zone
IMSA Traffic Signal Level I / II
OSHA 30
Bucket Truck Certified
Licenses
CA State Electrician NEC# E110631-G
2024 Bear Electrical Solutions, Inc
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James Snowden
Construction Foreman - Electrician
James Snowden will be designated construction foreman to lead construction activities for
the City of Newport Beach. Experienced in streetlight and traffic signal construction, James
will coordinate construction work according to priorities and plans; allocating general and
daily responsibilities as well as supervise and train workers. James will also ensure
manpower and resources are properly assigned and adequate for safe and sustainable
construction practices.
Construction Foreman - Electrician
Bear Electrical Solutions, Inc. 12022-present I Anaheim, CA
Q Troubleshoot and repair streetlights and traffic signals
Supervise and train electricians and laborers
Perform new construction activities including conduit, pullbox, wiring, foundation, and pole
0- installations.
w Progress reports to management
• Monitor construction expenditures and ensure work remains within budget
• Crane Operator
Electrician - Construction team
ILB Electric 1 2017-2022 1 Corona, CA
• Erect new traffic signals and streetlights from the ground up
• Auger and pour new foundations
• Remove old poles and foundations and install new in place
• Pull wire through conduits for signalized intersections.
• Supervised directional boring operations.
• Terminated conduits, installed new pullboxes, concrete restoration supervision of apprentices.
Certifications
Licenses
IMSA Work Zone CA Electrician NEC# 166842
IMSA Traffic Signal Level I / II
OSHA 30
EVITP Certified (Electrical Vehicle
Infrastructure)
Signal and Rigging Certified (Crane)
2024 Bear Electrical Solutions, Inc
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Phillip Heffernan
Construction & Maintenance Electrician
Phillip is an experienced construction and maintenance electrician that will be
assigned to work on construction -based work for the City of Newport Beach. He
specializes in streetlights installation, EV charging stations, communication
infrastructure (fiber optic, networking cables), and other ITS infrastructure.
Electrician
Bear Electrical Solutions, Inc. 12023-present I Anaheim, CA
Construction, Installation, and Maintenance of Traffic Signals, Streetlights and Equipment
Electric Vehicle Charging Station Maintenance and Installation
• Fiber Optic splicing, testing, and maintenance
X Communication configuration of network switches and devices for networks
w
Electrical Instructor
Orange County Electrical Training Trust 12022-present I Santa Ana, CA
• Instructs apprenticeship programs - Inside Wireman, Sound Installer, and Intelligent Traffic
Systems
• Provides the necessary training for electrical student candidates to become journeyman level
electricians.
Electrician
ILB Electric 1 2016-2023 1 Corona, CA
• Traffic signal construction and maintenance
• Manage construction crews for streetlight, traffic signal projects
Electrician
Asplundh Construction 1 2013-2015 1 Buena Park, CA
• Traffic signal construction and maintenance
• Manage construction crews for streetlight, traffic signal projects
Certifications
Licenses
IMSA Work Zone CA Licensed NEC# 170250-G
IMSA Traffic Signal Level
FOA Fiber Optic Technician
ETA International Fiber Optic Technician
Electric Vehicle Infrastructure 1 Certification
OSHA 30 Certification
Bucket Truck and Aerial Work certified
2024 Bear Electrical Solutions, Inc
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Chad Newton
Crane operator 1 Electrician
Chad has previous working experience with this project specifically during his tenure at
another maintenance company. For this project, Chad will be assigned as a crane operator
and on -call maintenance support for emergency response work and any extraordinary work.
Chad has over 5,000 working hours as a crane operator.
Streetlight 1 Traffic Signal Technician 1 Crane Operator
Bear Electrical Solutions, Inc. 12022-present I Anaheim, CA
L
a • Streetlight & Traffic Signal Maintenance — Routine and Emergency Response Technician (initial response
W and permanent repair)
• Streetlight & Traffic Signal infrastructure installation and repair (including conduits, pole foundations, TS
gear, ITS)
Streetlight I Traffic Signal Electrician
Yunexl 2011-2022 1 Anaheim, CA
• Streetlight & Traffic Signal construction and maintenance
• Crane Operator
• Emergency response and repair of streetlights and traffic signals
Certifications
IMSA Work Zone
IMSA Traffic Signal Level IIII
National Commission for the Certification of
Crane Operators (NCCCO)
1=lagger Certified
OSHA I 0
Licenses
Class A Drivers License
Electrical IBEW Apprenticeship Graduate
2024 Bear Electrical Solutions, Inc
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IMM
Maintain What We Have Already Built:
As the City's current maintenance partner, we value the trust and relationship we have built over the past five years. As such, our
first and most important step to a successful approach is to maintain the seamless workflow and proven track record that has
already been established. This includes:
• Maintaining allocation of Benito Hernandez as the City's Primary Electrician
• Maintaining existing project management and field superintendent contacts
• Continuing the operating procedures in place and utilized currently by Benito
• Daily use of the City's GIS system for all workflow items
Improve on What We Have Already Built:
Through our experience servicing agencies throughout California, we understand that a streetlighting RFP extends beyond standard
outage repairs. Because of this, we have grown our local, internal capabilities beyond standard routine repairs and emergency
response. As shown in our RFP response, we own the equipment and employ the qualified personnel to complete all items listed
under On -Call supplemental services in the RFP. To enhance the expertise of our staff, we have developed the following method of
approach for the City of Newport Beach:
1. Communication
We understand that a maintenance business is a business built on trust and relationships. To build and
maintain trust, continuous communication is paramount. This starts with assigning single points of contact in
a qualified primary electrician and project manager. Through these direct channels of communication, its our
standard practice to consistently communicate with each other in a collaborative manner. This allows for us
to adapt our work schedule, backlog, and manpower allocation to the specific needs and priorities of the City.
To assist with communication and transparency, we have developed an in-house web -based Maintenance
Management System built on the salesforce platform that can integrate into the City's existing work order
management system if desired. This, along with a well implemented communication and reporting plan
allows us to provide real time updates on assigned tasks to our clients as well as meaningful reports.
2. Allocation of Resources
Through our combined experience and statewide presence, we know what it takes to properly staff and
manage a streetlight maintenance contract. We also understand that our assigned workload may not always
be linear due to the responsive nature of such contracts. With that in mind, we assembled a field team of 30
0 electricians, fiber optic and low voltage technicians, operators, and laborers available to assist under the
direct supervision of our electrical superintendent and foreman electrician. This allows for us to not only
exceed response time expectations on a day-to-day basis, but also complete larger scopes and tasks in-
house, on time and on budget.
3. Additional In -House Services
Through our experience servicing the City of Newport Beach and similarly positioned agencies, we understand
that a maintenance program may evolve or expand at times to include foundation installations, conduit
_ installations, and streetlight modifications and installations. Over time, we have expanded our services to
include such tasks to further support the needs of our maintenance clients. By performing these scopes of
work in-house rather than subcontracting, it allows for us to have control of our schedule and meet the needs
and expectations of our clients in a timely manner.
2024 Bear Electrical Solutions, [nc
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Project Budget
We understand the importance of delivering services not only on time but also on budget. We aim to
work collaboratively with the City to use the funds available most efficiently. Given the nature of
maintenance and response -type work, it is impossible to accurately predict all incurred costs since
much work is dispatched due to vehicular accidents, weather damage, and other unpredictable
circumstances. This is why managing this type of project budget effectively is contingent on two (2) key
project approach components: 1. An Effective Communication Plan and 2. Timely Accounting Reports.
Communication & Reporting Plan
A communication and reporting plan ensures that all pertinent information is distributed to all project
stakeholders. This allows us all to operate with the same set of facts to work collaboratively with the City
to make decisions, manage budgets, and respond to requests. Our intention is to work collaboratively
with the City to draft an effective communication plan. Below is a conceptual communication and
reporting plan that we feel fits the needs of the City of Newport Beach:
Audience and Responsibilities
Our standard practice is conducting a project kick-off meeting after the contract is awarded. At this
meeting, we can identify all key project stakeholders from the City. This enables Bear and the City to
operate with the same facts. While we empower our project manager to manage communication with
the City, we understand it is sometimes best to get information straight from the source in the field. We
empower all employees to communicate and build relationships with our clients. Along with this, we also
leverage technology to ensure we have clarity and alignment among all stakeholders.
• Communication Channels and Reporting Content
Our goal is not to force clients to communicate with us in one specific way but to provide multiple means
of communication to allow the City to share with us in a manner that works best for them. Through our
review of the RFP and our experience working with the City, we understand the City intends to leverage
the use of their own work order management system while contractor invoicing and reporting is to be
done through our own systems. In a spirit of collaboration, we can offer the expertise of our in-house
Salesforce Solutions Architect to explore the possibility of creating an API integration between our
systems. This joint effort will ensure a seamless transparency and enhance the efficiency of our
operations. With these key points in mind, we are proposingthe following reporting schedule:
2024 Bear Electrical Solutions, Inc
15
,R,
Responsibility
Description
Bear Salesforce CRM (to be
Upon commencement of work, automatic email alerts are
provided at no additional cost)
configured so stakeholders can be notified of work as its
completed
Bear Technician/Project
For issues concerning public safety, we empower our
Manager
technicians to communicate directly with our clients to resolve
issues as quickly as possible. A brief follow-up with written
communication on the subject matter will be communicated via
email by the project manager
Bear Project Manager
At the end of each week, the assigned project manager
provides an update via email on completed work this week,
proposed schedule for the following week, and status on all
open work with action items for both Bear and the City
Bear Project Manager
Meet in person or virtually once per month with all project
stakeholders to discuss status of project
Bear Accounting Department
Our accounting department sends monthly invoicing
summarizing all work performed during the previous month
with costs broken down per work order. Along with this report,
our accounting department also captures year-to-date
expenditures and available contract balances. This allows both
the City and Bear to manage the rate of expenditures and make
educated decisions on how to best use available funding.
• Communication Feedback
One of the core values we built our business on is the notion of continuous improvement. This can
only happen with open and honest feedback. We encourage all stakeholders to provide feedback and
suggest any improvements or changes meet the needs of the City.
2024 Bear Electrical Solutions, Inc
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Bear owns and operates a $9M fleet comprised of bucket, utility, and crane trucks. We also maintain
an inventory of necessary traffic control equipment, such as construction area signs, cones, and
changeable message signs, to facilitate our traffic control work.
Below is an equipment and inventory breakout demonstrating our company's equipment readiness
available for this project.
It
BEAR Equipment List
t
43
Bucket Truck
32
Van / Pick-up Trucks
15
Utility Trucks/ Flat Beds
12
2022 Tow Master T20D TRAILER
10
Dump Truck
10
Arrowboard 2021
8
2014 Atlas Copco XAS 185
6
Bobcat E35 Mini -Ex
5
2018 BIGT UTILITY TRAI LE R
4
Carson Trailer - wire trailer
3
Crane Trucks
3
SS125 DIESEL MELTER R-AB- crafco
3
DITCH WITCH JT20 DRILL
3
2021 Vermeer Vactron
2
2018 Vermeer Vactron
2
2021 BOBCAT E32
1
2018 Water Buffalo
1
2013 Magnum Light Tower
1
SLABACH 1-85 REEL TRAILER
1
BOBCAT 753
1
2019 Caterpillar 246D Skid Steer and
Attachments
1
2016 CAT 246D SKID STEER
1
2023 CAT Trackloader 279D3
LOT
Traffic Control Equipment - Cones, Signs, Etc.
2024 Bear Electrical Solutions, Inc
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EXHIBIT B
SCHEDULE OF BILLING RATES
Bear Electrical Solutions, Inc. Page B-1 6-43
EXHIBIT B -
SCHEDULE OF BILLING RATES
ITEM
DESCRIPTION
HOURLY
RATE
1
Regular Work Hour Rate
$115.00
2
Additional Regular Work Hours Rate
$115.00
3
Normal Overtime Rate
$155.00
4
After Hours Rate
$190.00
5
Weekend Rate
$190.00
6
Holiday Rate
$190.00
7
Apprentice Regular Work Hour Rate
$85.00
8
Additional Electrician Regular Work Hour Rate
$110.00
9
Pickup/crew Truck Rate
$15.00
10
Bucket Truck Rate
$35.00
11
Boom/Crane Truck Rate
$65.00
ME
EXHIBIT C
INSURANCE REQUIREMENTS —
MAINTENANCEIREPAIRIJANITORIAL SERVICES
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. 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.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary excess/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 two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another assumed in
a business contract).
Bear Electrical Solutions, Inc. Page C-1 6-45
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract, then
said policies shall be "following form" of the underlying policy coverage,
terms, conditions, and provisions and shall meet all of the insurance
requirements stated in this contract, including, but not limited to, the
additional insured and primary & non-contributory insurance requirements
stated herein. No insurance policies maintained by the City, whether
primary or excess, and which also apply to a loss covered hereunder, shall
be called upon to contribute to a loss until the Contractor's primary and
excess/umbrella liability policies are exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement 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/umbrella liability, pollution
liability, and automobile liability, if required, shall provide or be endorsed to
provide that City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in
legal control of the property upon which Contractor performs the Project
and/or Services contemplated by this Agreement 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 City Council, boards and commissions, officers, agents, volunteers
and employees. Any insurance or self-insurance maintained by City shall
be excess of Contractor's insurance and shall not contribute with it.
Bear Electrical Solutions, Inc. Page C-2 6-46
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.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation
and other endorsements as specified herein for each coverage. All of
the executed documents referenced in this Contract must be returned
to City within ten (10) regular City business days after the date on the
"Notification of Award". Insurance certificates and endorsements must
be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with
City at all times during the term of this Contract. 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 sixty (60) 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.
Bear Electrical Solutions, Inc. Page C-3 6-47
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally
provided by any insurance. Specific reference to a given coverage feature
is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self -insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a 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.
I. Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgement may be necessary for its proper protection and prosecution of
the Work.
Bear Electrical Solutions, Inc. Page C-4 6-48
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to BEAR
ELECTRICAL SOLUTIONS, INC., a California corporation, hereinafter designated as the
"Principal," an agreement for maintenance and/or repair services, in the City of Newport
Beach, in strict conformity with the Agreement 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 Agreement 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,
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 Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
Bear Electrical Solutions, Inc. Page D-1 6-49
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement 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 Agreement 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 day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
M
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Bear Electrical Solutions, Inc. Page D-2 6-50
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 (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)
Bear Electrical Solutions, Inc. Page D-3 6-51
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to BEAR
ELECTRICAL SOLUTIONS, INC., a California corporation, hereinafter designated as the
"Principal," an agreement for maintenance and/or repair services in the City of Newport
Beach, in strict conformity with the Agreement 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 Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
, 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
( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), 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 Agreement 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.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
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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 Agreement
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 day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEYS OFFICE
Date:
0
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
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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 (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)
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