HomeMy WebLinkAboutC-2799 - Newport Island Street Light Replacement, Assessment District No. 63CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
November 20, 1992
(714) 644 -3005
F. J. Johnson, Inc.
P.O. Box 8438
Anaheim, CA 92812 -0438
Subject: Surety: Merchants Bonding Company (Mutual)
Bond: CA131520
Contract No.: C -2799
Project: Newport Island Street Light Replacement
The City Council of Newport Beach on October 26, 1992 accepted the
work of subject project and authorized the City Clerk to file a
Notice of Completion and to release the bonds 35 days after the
Notice has been recorded in accordance with applicable portions of
the Civil Code.
The Notice was recorded by the Orange County Recorder on October
30, 1992, Reference No. 92- 740570
Sincerely,
Irene Butler
Assistant City Clerk
IB:pm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City ofwNNewport Beach
Newport Beach, Boulevard
A263
92- 14C5T0
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
3:30
P.M. OCT 3 0 1992
a. Recorder
"Exempt from recording fees pursuant
to Government Code Section -6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport
Boulevard, Newport Beach, California, 92663, as Owner, and
F. J. Johnson, Inc., P.O. Box 8438, Anaheim, CA 92812 -0438 as
Contractor, entered into a Contract on July 28, 1992
Said Contract set forth certain improvements, as follows:
Newport Island Street Light Replacement (C -2799) - located in the City of
Newport Beach, County of Orange
Work on said Contract was completed on September 30, 1992 ,
and was found to be acceptable on October 26, 1992
by the City Council. Title to said property is vested in the
Owner, and the Surety for said Contract is Merchants Bonding Company
(Mutual), 2425 E. Camelback Road, Suite 800, Phoenix, Arizona, 85016
BY J
Funlicrworks Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and
correct to the best of my knowledge.
Executed on at
Newport Beach, California.
BY '
i y erc
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•
•
�6'e THE
CITY OF NQNPCR-i 6�—
OCT 661992
0
October 26, 1992
CITY COUNCIL AGENDA
ITEM NO. 21
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: ACCEPTANCE OF NEWPORT ISLAND STREET LIGHT INSTALLATION
(C -2799)
1. Accept the work.
2. Authorize the City Clerk to file a Notice of
Completion.
3. Authorize the City Clerk to release the bonds 35
days after the Notice of Completion has been
recorded in accordance with applicable portions of
the Civil Code.
DISCUSSION:
The contract for the construction of the Newport Island
Street Lighting System has been completed to the satisfaction of
the Public Works Department.
The bid price was $64,622.00
Amount of unit price items constructed 61,493.22
Amount of change orders 862.70
Total contract cost $62,355.92
Two Change Orders were issued. The first, in the
amount of $242.53, provided for removal and disposal of old
concrete curb and pavement found under the existing improvements.
The second, in the amount of $620.17, provided for a change in
the electrical service to the park.
Funds for the project were contained in the funding for
Assessment District No. 63, Account No. 7403 - 98321007.
The contractor is F.J. Johnson, Inc. of Anaheim.
• The contract date of completion was September 30, 1992.
The work was completed on that date.
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Benjamin B. Nolan
Public Works Director
PD: so
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
T0: FINANCE DIRECTOR
(714) 6443005
7
FROM: CITY CLERK
DATE: July 29, 1992
SUBJECT: Contract No. C -2799
Description of Contract Newport Island Street Light Replacement
(Assessm6nt District No. 63)
Effective date of Contract July 28, 1992
Authorized by Minute Action, approved on June 22, 1992
Contract with F. J. Johnson, Inc.
Address P.O. Box 8438
:rro el
Amount of Contract $64,622.00
Wanda E. Raggio
City Clerk
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Attachment
3300 Newport Boulevard, Newport Beach
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City Clerk
Sealed bids may be received at the office of the City Clerk,
3380 Newport Boulevard P. 0. Box 1768, Newport Beach, CR 92659 -1768
until 11:00 AM on the 19 day of MAY , 1992,
at whit tTime su�c bids shall be opener and read for
NEWPORT ISLAND STREET LIGHT REPLACEMENT
Title of Project
AssessmentC District No. 63
Contract No.
$60.000
Engineer's Estimate
SSW ?
flpproved by the City Council
this 27th day of April 1992.
Wanda E. Raggi
City Clerk
Prospective bidders may obtain one set of bid documents at no cost
at the office of the Public Works Department, 3300 Newport Boulevard,
P. 0. Box 1768, Newport Beach, CA 92659 -1768.
For further information, call Steve Luv at 644 -3311
Project Manager
i
.� �.
PR 1.1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
NEWPORT ISLAND STREET LIGHT REPLACEMENT
CONTRACT NO. 2799
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
Gentlemen:
The undersigned declares that he has carefully examined the
location of the work, has read the Instructions to Bidders, has
examined the Plans and Special Provisions, and hereby proposes to
furnish all materials and do all work required to complete this
Contract No. 2799 in accordance with the Plans and Special
Provisions, and will take in full payment therefore the following
unit price for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization and traffic control
@ Two Thousand Fivo HundraAollars
and
No Cents $2,500.00
Per Lump Sum
2. 15 Install 101 fiberglass
Each street light standard
with 50 watt HPS lamp, globe,
ballast and photocell
@ Two Thousand Six Hundred Dollars
and
No Cents $2 ,006.00 $30,090.00
Per Each
i to PR 1.2
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
3. 22 Install Eisel Industries
Each 13 1/2 pull box
@ Ninety Two Dollars
and
No Cents $ 92.00 $ 2-024-00
Per Each
4. 2,400 Install 1 -1/4" conduit
Linear Feet w/2 - 18 insulated
conductors and 1 -18 bare
conductor
@ Ten Dollars
and
Ninety -Two Cents $ 10.92 $26.9nR.nn
Per Linear Foot
5. 100 Install 1 -1/4" conduit
Linear Feet w/3 -112 insulated conductors
@ Ten Dollars
and
Ten Cents $ in-in $ i ()in nn
Per Linear Foot
6. Lump Sum Remove and reinstall exist.
Meyers service cabinet w /circuit
breakers and meter Socket
@ One Thousand Two Hundred Dollars
and �^_
No Cents $ 1 2n0 nn
rar• -Eeeir
7. 1 Install Eisel Industries
Each # 5F pull box
@ One Hundred Sixty -Five Dollars
and
No Cents X5.00 $ 165 _ nn
Per Each
8. 20 Install IN conduit w/2 -012
Linear Feet insulated conductors and
1 -,#14 bare conductor
@ Seven Dollars
and
Fi 14i Cents $ 7.50 $ 15n . on
Per Linear Foot
0 • PR 1.3
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
9. 15 Install 2" conduit w/4 - 18
Linear Feet insulated conductors and
1 - #8 bare conductor
Fourteen
Dollars
and
No Cents
Per Linear Foot
10. 100 Install 1 -1/4" conduit
Linear Feet w/2 - 18 insulated
conductors and 1 - 18 bare
conductor. Install 2 - #10
insulated conductors and
1 - #12 solid green conductor
@ Ten
Sixty -Five
Per Linear Foot
$ 14.00
Dollars
and
Cents $10.65
SIXTY -FOUR THOUSAND SIX HUNDRED TWENTY -TWO
DOLLARS AND NO CENTS Cents
TOTAL BID PRICE (WORDS)
1 F. J. JOHNSON, INC.
Bidder
$ 210.00
$1,065.00
$64,622.00
TOTAL BID PRICE
(FIGURES)
May 19, 1992
P.O. Box 8438, Anaheim, CA 92812 -0438 (714)632 -1415
Bidder's Address Bidder's Telephone
0 0
Page 2
The following documents shall be completed, executed and received
by the City Clerk in accordance with NOTICE INVITING BIDS:
PROPOSAL (Page 1)
INSTRUCTIONS TO BIDDERS (Page 2)
DESIGNATION OF SUBCONTRACTORS (Page 3)
BIDDER'S BOND (Page 4)
NON - COLLUSION AFFIDAVIT (Page 5)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6)
except that cash, certified check or cashier's check (sum not less
than 10% of the total bid price) may be received in lieu of the
BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing
the documents.
The City of Newport Beach will not permit a substitute format
for the documents listed above. Bidders are advised to review
their content with bonding and legal agents prior to submission of
bid.
BIDDER'S BOND shall be issued by an insurance organization or
surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2)
listed as an acceptable surety in the latest revision of the
Federal Register Circular 570.
The estimated quantities indicated in the PROPOSAL are
approximate, and are given solely to allow the comparison of bid
totals.
Bids are to be computed upon the estimated quantities
indicated in the PROPOSAL multiplied by unit price submitted by the
bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error
in the multiplication of estimated quantity by unit price, the
correct multiplication will be computed and the bids will be
compared with correctly multiplied totals. The City shall not be
held responsible for bidder errors and omissions in the PROPOSAL.
The City of Newport Beach reserves the right to reject any or
all bids and to waive any minor irregularity or informality in such
bids. Pursuant to Public Contract Code Section 22300, at the
request and expense of the Contractor, securities shall be
permitted in substitution of money withheld by the City to ensure
performance under the contract. The securities shall be deposited
in a state or federal chartered bank in California as the escrow
agent.
5/91
Page 2A
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 in the office of the City Clerk.
All parties to the contract shall be governed by all provisions of
the California Labor Code relating to prevailing wage rates
(Sections 1770 -7981 inclusive).
The Contractor shall be responsible for insuring compliance
with provisions of Section 1777.5 of the Labor Code Apprenticeship
requirements and Section 4100 et seq. of the Public Contracts Code,
"Subletting and Subcontracting Fair Practices Act."
All documents shall bear
authorized to sign on behalf of
signatures shall be of a coi
authorized by the corporation.
shall be of a general partner.
shall be of the owner.
signatures and titles of persons
the bidder. For corporations, the
- porate officer or an individual
For partnerships, the signatures
For sole ownership, the signature
489328 C -10
Contractor's License No. & Classification
F. J. JOHNSON, INC.
Bidder
May 19, 1992
Date
5/91
,Y t • •
Page 3
State law requires the listing of all subcontractors who will
perform work in an amount in excess of one -half of one percent of
the Contractor's total bid. If a subcontractor is not listed, the
Contractor will be responsible for performing that portion of the
work. Substitution of subcontractors shall .be made only in
accordance with State law and /or the Standard Specifications for
Public Works Construction, as applicable.
The :Bidder, by signing this designation, certifies that bids
from the following subcontractors have been used in formulating the
bid for the project and that these subcontractors will be used
subject to the approval of the Engineer and in accordance with
State law. No changes may be made in these subcontractors except
with prior approval of the City of Newport Beach.
Subcontract Work Subcontractor Address
1. / my"
2.
3.
4.
5.
6.
7.
B.
9.
10.
11.
12.
F. J. JOHNSON, INC.
Bid- dT er
5/91
(V.-- Sec /Trea
Page 4
BID BOND NO. CA111746
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, F.J. JOHNSON, INC. as
bidder, and M Y UAL , as
Surety, are held and firmly bound unto the City of Newport Beach,
California, in the sum of TEN PERCENT OF THE TOTAL AMOUNT BID IN--- Dollars
($ 10%---- -- -- -- --),lawful money of the United States for the payment
of which sum well and truly to be made, we bind ourselves, jointly
and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden bidder for the
construction Of NEWPORT ISLAND STREET LIG
(Title of Project and Contract No.) i
is accepted by the City Council of
bounden bidder shall duly enter int o
such construction and shall execute
"Payment" and "Faithful Performance"
the Specifications within ten (10)
Sunday, and Federal holidays) after t
of Award to the above bounden bidder
this obligation shall become null an d
forfeited to the said City.
said City, and if the above
and execute a contract for
and deliver to said City the
contract bonds described in
days (not including Saturday,
he date of the mailing Notice
by and from said City, then
void; otherwise it shall.be
In the event that any bidder above named
an individual, it is agreed that the death of
not exonerate the Surety from its obligation
executed this bond as
any such bidder shall
under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this
13th day of MAY 1 1992.
Bidder (Attach Acknowledgment
Of Attorney -In -Fact)
Notary Public
Commission Expires:
5/91
OHNSON
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Authorized signa ture/Title
Acknowledgment of Principal
® Acknowledgment of Surety (Attorney -in -Fact)
STATE OF CALIFORNIA
County of
Orange w
On May 13, 1992 before me, Sheila A. Smith
(here insert name and title of the a�cer), personally appeared
Steven R. Hummel: Attorney -In -Fact
personally known to me (or proved to me on the basis of satisfactory evide
Ware subscribed to the within instrument and acknowledged to me that
her /their authorized capacity(ies), and that by his/hsr/their sigaature(s) t
entity upon behalf of w ' the pets (3)�Arted, executed the inn
W17WESSmyhan
W. r .W Crw FWD 1100
to
same in his/
on(s). or the
SHEILA A. Sh;'T;I
ORANGE COUNiY j'; (Seal)
Merchants Bonding Com anv
(Nluttlal)
POWER OF ATTORNEY
Know All Men By These Presents. I e the ME RCI!L "ITS SfINDING COMPANY (Mutual). a corporation duly organised urrtar ltte laws
of the Statc of Iowa, and having ir5 prirtdpaf otl,c . in rho 1 •„ rd n...- IoM „rnc. ( emV of Po*. State of low.. froth m:a..k... mncMrprvi .and
appornled, and does by these preyenls make. Grxn':rar; nnc ,I, o nl
f R "i M. GRIFFH* * *BR] AN U. b1NCWN* * *MLW -f1 R. MAIIE ”" : w
of SANPA ANA and 51a0e of CAL1FOkDIIA Its inle and lawful Allomey -ii, Fact, Willi luli pol
and authoray hereby conlemed in its name, places and sisal !^ sgn e•er'ute and delver in Is behalf is 9t Pty
* * *7%10 HuNDR D FIFTY 'IHOOSAND DDLLARS ($250,000.00)* t «
and 10 Mud the MERCHANTS BONDING COMPANY : "At ; ,; a ; Ihe-ohv as luny Ae J to the same extent as it such Wnd or ,u nler taking was
awnwl try llwduly aulholi2ed officer 5 of the MERCK] ^IT•.; I!r, ^ :( "tip ftONWANY(Mutunl) eno all the aeto ol Anornoy, pllne, to the
Authnely hPrpn given, are hereby ratified and cunfirmPC
This Power- ol- Atlurney r. made u, d executed pwsuam to and by nulhonl, of 1M l0'low ng Fy -law: adnoted by the Board of D- ,ecmro. ul
the MERCHANTS BONDING COMPANY (Mulud4
ARTICLE 2 SECTION 6A -- The Chairman of the Ek +wd u, Pwu lc!ont e, any Vice President or 9... rvl:,: t shall have bowel and
authoray to atVio l Alton,ays -m racl atlU K, suthonze them to o "orulr on bchn9 of the Coniran,, . and onach thr ;cal of lic
Company Itlereto• bonds and underlak,ny�, rl - fain +fences mbeacl. of :ndrmnAy oId JIIRV wnlnqr. nn69srnrY ,n the nature thevyr•1
ARTICLE 2 SECTION 6R — I I,e upnalura of any aohhomed nIW �t :nld Ilse Seal el me Comp.anv ,nay'., off+•n,l by IaCSyIDIC 10
any Power of Allorrey or Cellibc;al", lhoetof ame oneq the e,w,m,,:, ;rn,J dcbvr,Y of any bond un +'en.,w,ng. ,el:uyn, :ancc of
An" Ctllery5111p obilpabpn5 of the Company and :,ui h ti- unatuie arid deal whon 5o jFvd -hull na- !hc mn^ Mrrr sod affect s
IIMRIph manually fixed,
In VYAteSg Wh?rent. MERCHANTS BONDING COMPANY rMulualt has caused Pw.Se p,.,wn1: O tX: sipn•M by 's Vice PrAdenl
Exerutive Vice President. aM its corporate seal to be f ieree: affixed. Ih,s 41-h day u1 May AD 1990
Attest MERCHANTS BONUING COMPANY (MUtuall
oyHG. •
CO'-
Uy %4°
/ 1933�� 3.
Vre her :'� :' �.�q.. : :,.r ..• .. :r JAwyC•
STATF OF IOWA •. bd .a
COUNTY (IF POLK ;, ••� ' \1.'
On this 4th day of May f9 90 beinrn n,� al•rea,ed M! •Long and
Rodney 81158111. 10 me pelsnally known. wfx +t,en,u Loy rnr Ju + _vupn did My that they arc VKC Poe:.,dr,nl .fart Eee,; utive wry IIty ,loch
:e> wl fw-ly of the MERCHANTS BONDING COMPANY IMU1Jal1 the rgrpWahOn deycutkC nt Iho lot r,•3n,M Instrument, and Ihal filet.
altued Iv Itle Said lestrUMP-Ill IS thin Corporate Seal 011ie Sad CnruoraSlon and that the said rl VUrnenf was slpnk ;end sealed In Iwhx(f (of
said CoT rtal,pn by authority 01 . ",s Goad ,�l D +rector-,
In Testimony Whereol, I have hereunto, set my hand arXJ aH•, e0 my alb, yl Seal al MC C:y of Des Muy,e.. low? PI day and yea, first
above wrd en,
on
• • "'•••• G �- ��--�
• ; IOWA n • Mr c.- ...T,,,,.,,. c.,,..,,
8 -4 -92
• O .' r ;• STATE OF IOWA
• ,4,91 AL 'PA, COLINTY OF POI -K ..
••......•••• I. M.J. Long, Vine President M lhA MERCHANTS BONDING COMPANY (MIIInAI). do herebv certify I I Ll above and
foregoino Is a true and corral copy of me POAFR (IF AI TORNEY executed by said ME60 14O 1DING
COMPANY (Mutual). which k cliff in force and effect _ •_.� •. •_ ^ -.'fie •-
In ViArr?ss Whereat I have hereunto rat my hand and atfixM the seal of the Company at
thus 13th day dl May 19 92
TMs power .+ attomey expires . POWINUUQ5 —
M825
0 .
Page 5
State of California )
) ss.
County of Orange )
Daniel H. Smith being first duly sworn, deposes and
says that he or she is Eia xof F. J. Jol ns
the party making the foregoing d; that the bidT i of made in the
interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly
or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to
put in a sham bid, or that anyone shall refrain from bidding; that
the bidder has not in any manner, directly or indirectly, south by
agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other
bidder, or to secure any advantage against the public body awarding
the contract of anyone interested in the proposed contract; that
all statements contained in the bid are true; and, further, that
the bidder has not, directly or indirectly, submitted his or her
bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true
and correct. i
F. J. JOHNSON, INC. 4 1,1_�d/mrea
Bidder Authorized Signature/Title
Subscribed and sworn to before me this { L day of 1.ICU, ,
t..
Notary Pup is
My Commis ion Expires:
5/91
[SEAL]
e
.
) 0 •
Page 6
The undersigned submits herewith a statement of the work of
similar character to that proposed herein which he has performed
and successfully completed.
Year For Whom Person Telephone
Completed Performed (Detail) To Contact Number
SEE ATTACHED SHEET
F. J. JOHNSON, INC.
Bidder
5/91
`
4, Cv�,
Y-\ Sec /Trey
v
Auth razed Signature /T tle
• Jobs Completed •
` y �
JOB NO. DATE COMPLETED PROJECT AWARDING AGENCY AGENCY'S CONTACT
& CONTRACT AMOUNT AND ADDRESS AND PHONE NO.
185
07- 20- 90/$79,679.00
CITY OF IRVINE
George Foster
Alton Pkwy /Western Dig.
1 Civic Cntr Plaza
(714)724 -6551
Traffic Signal
Irvine, CA
152
08 -02- 90/$405,681.00
CITY OF TUSTIN
Fred Page
Jamboree Rd /various loc.
300 S. Centennial
(714)544 -8890
Traffic Signals
Tustin, CA Way
Ext.447
Also with
CITY OF ORANGE
Dennis Schmit
637 W. Struck
(714)532 -6426
Orange, CA
189
08- 22- 90/$79,685.00
CITY OF IRVINE
George Foster
Alton Pkwy Widening
1 Civic Cntr Plaza
(714)724 -6551
Traffic Signal
Irvine, CA
163
12- 19- 90/$134.220.00
COUNTY OF ORANGE
Dave Goya
El Toro Rd & Bells Viero
(714)472 -7970
Traffic Signal
190
01 -15- 91/$125,965.00
CITY OF TUSTIN
Fred Page
Tustin Ranch Road
300 S. Centennnial
(714)544 -8890
Traffic Signal
Tustin, CA Way
Ext. 447
191
02- 10- 91/$81,915.00
CAL TRANS
Bob Carrell
Beach Blvd.&
(714)854 -8195
Hillsborough /T /S
215
02 -15- 91/$70,536.00
CITY OF ANAHEIM
Glen Bagley
Lincoln, Anaheim
200 E. Lincoln
(714)254 -5282
Traffic Signal
Anaheim, CA
221
05 -10- 91/$94,087.00
CITY OF IRVINE
Rob Hughes
Jamboree & Dupont
P.O. Box 19575
(714)724 -7648
Traffic Signal
Irvine, CA
205
06 -09- 91/$90,987.00
CITY OF SANTA ANA
Al Mesh
Tustin & Bentall
20 Civic Cntr Plaza
(714)647 -5609
Traffic Signal
Santa Ana, CA
213
07- 29- 91/$112,158.00
CITY OF ORANGE
Chris LaFace
Katella /Home Depot
300 E. Chapman Aven
(714)532 -6426
Traffic Signal
Orange, CA
243
09 -03- 91/$93,140.00
CITY OF ANAHEIM
Glen Bagley
Clementine & Freedman
200 E. Lincoln
(714)254 -5282
Traffic Signal
Anaheim, CA
248
10 -10- 91/$106,113.00
CITY OF HUNTINGTON BCH
Jim Otterson
Main St. & Delaware Ave.
2000 Main Street
(714)536 -5227
Traffic Signal
Huntington Bch, CA
Page 7
NOTICE TO SUCCESSFUL BIDDER
The following contract documents_:_shaU be executed and
delivered- to the Engineer within -- ten -(10) days - .,
'(not�includinq .. - -.. --
Saturday;.Sunday.and.Federal holidays) after : ahe -date of.mailing
Notice of Award to the successful bidder: '_...'.....`.
PAYMENT BOND (Page 8.)
,FAITHFUL'yERFORMANCE BOND.(Page'9)..:...: ,.
CERTIFICATE OF INSURANCE (Page 10)
GENERAL LIABILITY INSURANCE ENDORSEMENT (Page ii) -
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT ;(Page 12)
WORKERS' COMPENSATION INSURANCE CERTIFICATION:(Page 13)
CONTRACT (Page 14)
The City of Newport Beach will not permit -a substitute format
for these contract documents. Bidders are advised to review their
content with bonding, insuring and legal agents prior.to submission
of bid.
Payment and faithful performance bonds shall;be. issued by an
insurance organization or surety (1) currently,'; authorized by the
Insurance Commissioner to transact business of- i- nsurance in the
State of California, and (2) listed as an acceptable surety in the
latest revision of the Federal Register Circular 570.
Insurance companies affording coverage shall -be (1) currently
authorized by the Insurance Commissioner to transact business of
insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size. Category
Class VIII (or larger) in accordance with the latest edition of
Best's Rev Rating Guide: Property- Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public
works Construction, except as modified by the Special Provisions.
The Workers' Compensation Insurance Certification shall be
executed and delivered to the Engineer along with a Certificate Of
Insurance for workers' compensation prior to City's execution of
the Contract..
5/91
WHEREAS, the City.. Council of the City of Newport Beach, State
of California., b motion adopted June 22, 1992 has -
awarded �o: J:.Jafinson; 1rtc: hereinafter
designated as the "Principal ",' a contract for ewport.:Island Street
Street Light Replacement .- (Contract No. C -2799) n
the City of Newport Beach, in strict conformity with the Dr wia ngs
and Specifications and other contract documents in the office of
the City Clerk of the City of Newport Beach, and all of which are
incorporated herein by this reference;
WHEREAS, said Principal has executed or is about to execute
Contract No. C -2799 and the terms thereof require the furnishing
of a bond, prow dii ng 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, F.J. JOHNSON. TNf .
as Principal, and MERCHANTS SONDTN(: COMPANY (MTTTTTAT.)
as Surety, are held firmly bound unto the City of Newport Beach, in
the sum of SIXTY -FOUR THOUSAND SIX HUNDRED TWENTY -Two DOLLARS------- - - - - -- -
Dollars ($64,622.00-- - - - -), said sum being equal to 100$ of the
estimated amount payable by the City of Newport Beach under the
terms of the contract; for which payment well and truly made, we
bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above
bounden Principal or his /her subcontractors, fail to pay 'for any
" - materials, provisions, or other supplies,. 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, that the Surety or Sureties will pay for the same, in an
amount not exceeding the sum specified in the bond, and also, in
case suit is brought upon the bond, a reasonable attorney ! s -fee, to
be fixed by the Court as required by the provisions of Section53250
of.the Civil Code of the State of California..
4
their assigns. -in any_ :auitrought upon this bond,' as - required by - -.
— —
and in accordance with the provisions of Sections 3247et::seq of
the Civil Code of the State of California.
And said.. Surety, for value received, hereby stipulates and
agrees that no change, extension. of time, alterations or additions
to the terms of the contract or to the'work to: be performed
thereunder or the specifications accompanying the same shall in.-any
wise affect its obligations on this bond, and it does hereby waive
notice of any such. change, extension of time, alterations or
additions. to the terms of the contract or to the work or to the
specifications.
In the event that any principal above named executed this bond
as an individual, it is agreed that the death of any such principal
shall not exonerate the Surety from its obligations under this
bond.
IN WITNESS WHEREOF, this instrument has been duly executed by
the above named Principal and
Surety, on the 14th day. of
JULY 19 92.
,
F. J. Johnson Inc.
1
Name of Contractor (Pr nclpal)
Authorized Signature /Title_•YY
•
Daniel H. Smith, Sec /Treasu er
MERCHANTS BONDING COMPANY (MUTUAL)
Name of Surety
u
one gnat ;•
STEVEN R. HUMMEL: ATTORN$Y- IN7 -r-k i; :• :•:• ::'•
2425 E. CAMELBACK ROAD, SUITE 800
800- 848 -2663 � • -
Address of Surety
�--a);
Telephone
PHOENIX, ARIZONA 85016
fax: 602- 955 -2623 -
_
_
NOTARY - ACKK0WLBD==S OF CONTRACTOR AND SURETY 1[08T. BS 4 R"1� &� `
i
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yas L"�
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as�.' {,.0 .., 5-,.m ...: .vin'r`w= 4?'4' -a' _ ..
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Acknowledgment of Principal
Q Acknowledgment of Surety (Attorney -in -Fact)
STATE OF CALIFORNIA
County of
ORANGE
On JULY 14, 1992
(here insert name and title of the
before me, SHEILA A. SMITH
nally aonearrd
personally known to me (or prayed to me on the basss of satiafactnry evidence) to be the persons) whose names)
Lsiare subscribed to the within instrument and acl- wledged to me that he/she/the7 executed the same in his/
her /their authorized capacity(ies), and that by hiv'herlt.heir s a L.t>9trnment the person(s), or the
enti ty apon be ball of the a acted, eZGCniGd fhL GFFC A t
WTI',4 civ - s SHEILA A. SMITH
?
S ign a nure
Sh�L- = -A A.
r..w,. � , ,... 1100
ORANGE
(Se al)
State of
County of QV0,{IL�r
On I (� before me,,l2_
II NAME, TITL OF OFFICE E-.G..'JANE -- DM !O{AF PUBLIC
personally appeared �1��I'6 IA W
NAME(S) OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(A whose name(sj istare
subscribed to the within instrument and ac-
knowledged to me that he /she,114ey executed
the same in his /hafA4teir authorized
L BYERS capacity(iet, and that by his /heF,4Weir
s Corsi OW704
signature(* -on the instrument the person(e),
! �wewra�onl+. orthe entity upon behalf of which the person (8J
►bmrm. NGECOUNTY
zT.1fiY6 acted, executed the instrument.
Witness my hind and official seal.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL(S)
CORPORATE _
OFFICER(S)
❑ PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(MS)
E,.5. fie! ^,n�t,�I zne .
ATTENTION NOTARY: Although the information requested below is OPTIONAL, f'could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
B 1991 NATIONAL NOTARY ASSOCIATION • 8238 Remmet Ave. • P.O. Bo[ 7180 • Ceaepa Pak CA 9130A -71"
THE CONDITION OF -THIS OBLIGATION IS SUCH, that if the above
bounden Principal, its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide by,
and well keep truly and perform the covenants, conditions, and
agreements in the Contract 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, and shall indemnify and save
harmless the City of Newport Beach, its officers, employees and
agents, as therein stipulated, then this obligation shall-become
- null -and void; otherwise -it- .shall remain in_full force and effect. _
As a part of the obligation secured hereby, and in addition to
the fact amount specified in this.- Performance Bond, _there.shall be. �.
included .costs and reasonable expenses .and fees, including
reasonable attorneys fees, incurred By the City*, in the -event it is
required by bringing any action in law or equity to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no
BOND NO CA131520
PREMIUM $607.45
FAITHFUL. - PERFORMANCE BOND::
- - �Z,
„r
' -KNOW ALL MEN BY THESE PRESENTS, That- __ _
WHEREAS, -- the City Council of•.the City._of.Newport-Beach,'State
of California, by motion adopted ,
-ate
awarded
has -
to hereinafter designated'.as the "Principal”, a
contract
Newport Island Street U ht Re Jac me in
the City of
Newport Beach, in strict conform ty with the Contract, Drawings and
Specifications and other contract documents in the
office of the
City. .Clerk of the City,:_of Newport Beach, all
of which are
incorporated herein by this reference;
WHEREAS, Principal has executed or is about to execute
Contract No. C-2799 and the terms .- thereof
require the
furnishing of a bond for the faithful performance of
the Contract;
NOW, THEREFORE, we, F. J. - JOHNSON, INC.
".
as Principal, and MERCHANTS BONDING COMPANY (MUTUAL)
as Surety, are held firmly bound unto the City of Newport Beach, in
the sum of SIXTY -FOUR THOUSAND SIX HUNDRED -TWENTY -TWO DOLLARS-
-------- - - - - --
Dollars ($64,622.00 - - -), said, sum being equal to
100% of the
estimated amount of the contract, to be paid to the
City or its -
certain attorney, its successors., and assigns; for
which payment
well and truly made, we bind-- ourselves, our heirs,
executors and
administrators, successors;._ or. assigns, jointly and
_
severally,
firmly by these presents.
THE CONDITION OF -THIS OBLIGATION IS SUCH, that if the above
bounden Principal, its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide by,
and well keep truly and perform the covenants, conditions, and
agreements in the Contract 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, and shall indemnify and save
harmless the City of Newport Beach, its officers, employees and
agents, as therein stipulated, then this obligation shall-become
- null -and void; otherwise -it- .shall remain in_full force and effect. _
As a part of the obligation secured hereby, and in addition to
the fact amount specified in this.- Performance Bond, _there.shall be. �.
included .costs and reasonable expenses .and fees, including
reasonable attorneys fees, incurred By the City*, in the -event it is
required by bringing any action in law or equity to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no
maintained by.the Principal in -Mil. force -and effect for six (6)
months .:following the date.of formal acceptance of the Project -by
the 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 14th day - -of
JULY 1992.
F.J. Johnson. Inc
ctor (Princi AutruhPol r iH z c S gnature /T -t � e Name of Contra
'I MERCHANTS BONDING COMPANY (MUTUAL)
! Nazc •f Surety Au • r1 en Si S a- ture
STEVEN R. HU14ML: ATTORNEY- IN -FAiCT
2425 E. CAMELBACK ROAD, SUITE 800 800- 848 -2663
Address of Surety Telephone II
PHOENIX, ARIZONA 85016 fax: 602 - 955 -2623
NOTARY ACXNOWLBDGXENTS OF CONTRACTOR AND BURETY YIIST BE ATTACS&D
t �
State of
County of UVULI I r, 1
VA) �
On 1 a before me,
.I
DAJE ' NAME, TITL OF OFFICE - E.G., 'JANE - DOEPUBLIC'
personally appeared
personally known to me - OR - ❑ proved tome on the basis of satisfactory evidence
to be the person($) whose name(y) is /are
subscribed to the within instrument and ac-
knowledged to me that he /shG%Mey executed
the same in his /hefA4"ir authorized
capacity(ies), and that by his /hefA44eir
L Rs signature(s)'on the instrument the person(a),
OOWA 0957b& z n or the entity upon behalf of which theperson(s)
t � ORANGE NTvoou acted, executed the instrument.
ewcom. Int FES 27,19M6
Wjtness my/hand and official seal.
ATTENTION NOTARY: Although the information
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUALS)
[� CORPORATE _
OFFICER(S)
❑ PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
F.,T . S(,IALeel ,\ ,zne .
it could prevent fraudulent attachment of this certificate to unauthorized document.
Signer(s) Other Than Named Above
Date of Document
0 1991 NATIONAL NOTARY ASSOCIATION •6236 Remmet Ave.
❑ Acknowledgment of Principal
❑X Acknowledgment of Surety (Attorney -in -Fact)
STATE OF CALIFORNIA
County of ORANGE
On JULY 14, 1992 before me, SHEILA A. SMITH
(here insert name and title of the officar), personally appeared
STEVEN R. HUMMEL: ATTORNEY -IN -FACT
personally (mown to me (or proved to me on the basis of satisfactory evidence) to be the persoa(s) whose names)
Wars subscribed to the within instrument and acknowledged to me that belshe/thaT executed the same in his/
her /their authorized capacity(ies), and that by bimher/their signature(s) on the instrument the person(s), or the
entity upon behalfoCohieh the person(s) acted, executed the instrument. ---------
�
SHEILA A. SMITH
Ww r..,v c...... s.. loco MY
(Seal)
• 3361 1109% GRIFFM- SINCOCK
>EDWRRD W. GRIF M**BRIAN C. SINCOCK"STEVER R. HUMMEL<<<
»>«<
»X«
SANTA ANA CA
>>>TWO HUNDRED FIFTY THOUSAND DOLLARS($250,000.00)<<<
14th JULY 92
CONTINUOUS
3361 1109" GRIFFIM-SINCOCK
Know All Men By These Pre ens, that the MERCHANTS 50,:Dj!d- COMPA. (tvfuival), a corporation duty organized under the laws
at the State of Iowa and raving ris principal -office ir. the -Cib., of Des Moines, County of Polk, State of Iowa, :hatl- made, constituted and
appointed. and doa�y'�El9W9RDoW35rGRIF i'4i*tBltkBN'`- C ?BIITG-0G i* *STEVEN R. }N M<<< -
X<<
SANTA ANA CA
of - anc S :a, ,od _ - ue aor '.avw: A`.tom =,y -ir -Pact, with full power
and authoai•; h =rabv c�.,�.,. :..,..r. is name. pace and stead, fc sign, s ,ecute, adnpwled�e_ and deliver in its beheif as surety -
>>>TWO HUNDRED FIFTY THOUSAND DOLLARS($250�000.00)<<<
- and to bind the iN4='G ;RIOTS BONDING COiV °AP a j.nialr 6_..,_y as f Al and to the same extent as if such bond or undertaking was - - -. - -
signed by the duly a " -rz c officers o: t` e r`iEP . .,STS aONP NG COM94PtY ;Mutual), and all the acts of said Attorney, pursuant to the
.. - authority herein given =.;e h-reb} -aerfie? and
This Power -o4Aho n f, made and _-e.,u ec p rs..an; to anJ by authority of the iollov ing By -Laws adopted by the Board of Directors of
. the MERCHANTS BO e' ffdG COM°AI`0 (vi IrKI01
AP,TiCLE 2 ac T'Q'. 5 he. ha:--an o` the Scam ;' or Prescent or any Vice President or Secretary shall have power and --
authority to _, ao. ! Aho.�eys ir, °act and to authorize them, to execute on behalf of the Company, and attach the seal of -.the -
Company _th t_, bon ^sand unde tare. resog ;zany s. contracts off inori rnity and other writings obligatory in he nature thereof.=
ARTICLE 2 ON GP He signature of any autho .ed of car and the Sesicf the Company,may, be affixed by facsimile to
any Power of A::o�e�; c f'! he f ot authorona the execution. and def rey of any bond, undertaking, recognizance, or - -
- - -
Stine, Suretyship iga: o s c the - ^ -,oar anc such sig^aus and seal when so used shall have the same force and effect as
though- manualy }caed.
In Witness Whereof. MERCHANTS BOND '.NG COIdAANY ;Mufuai; has caused these presents to be signed by its Vice President and - _ -
- - - - Executive Vice President and its co!pera,e s al to be, hereto affixed_ this 1 1th day of Odoben A.D :, 19. 91
Attest - - _ M.ERCHANTS BONDiNG COMPANY (Mutual)
p \SoG. Cp�A
By
1933 c�
':ce `, =. .. y�Cyecutive Ylce Pesle• _ _
STATE Or IOWA - - eb�s - •b�°• - -
COUNTY GP POLY
o ° .
-- On this day of - OCiob= -r ig 91 before me appeared M.J •Long and -
- Rodnev Bliss Iti, to me personally know.., who being cy me duy swoin did say that they are Vice President, and Executive Vice President -
respectivelyof the MERCHANTS BONDING COMPANY ( Mutua;. the corporation described in the foregoing instrument, and that the Seal -
affixed to the said insirunent Is the Corporate Seal o the said Corporation and that the said Instrument was signed and sealed in behalf of
- - said Corporation by authorit, o`its Board o; Directors - -
In Testimony Wheless'. have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day a Ind, ve&(f�r&'!s-
above written. / .
G. ISFU
yF. Polk Cobnfy, IPwd'.
ssioi Empires r _/
M1'Cemrn
�•
° 84oc
°. T' • S-1 C I .T. OFT . K
Long. Vice Presinem of tae tn.71-H .NrS BO1,1DING COfviPANY !Mutual;, do hereby
foregomg Is a true and correct aooy of the POWER OF ATTORNEY executed by said i
Cif. °PF', JY 0,1- ituaP. whi-h is sti!, a: force and effect.
In WrIne r: Whereof. I have hereunto set my hand and Bffixec the seal of the Company, at
this 14th dc), of JULY te, 92
Nk
CONTINUOUS
This power o` attorney, P::pires
and
A ..
'1
-0 � • e
4. 9 l •:
e .�
Page 10
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* RTIFICATEM
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�IN�S CE :
&y
PRODUCER
COMPANIES AFFORDING COVERAGE -
COMPANY A
Willis Corroon
1800 E. 16th St.
LETTER Transamerica
Santa Ana, CA 92701
COMPANY B
LETTER
INSURED
F.S. Johnson Inc.
P.O. BOX 8438
COMPANY C
LETTER
Anaheim, CA 92812 -
D OE FU T}S TO CEFi% S RIOD
INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE OMRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS, AND CONDITIONS OF SUCH POLICE AND IS NOT AMENDED, EXTENOED OR ALTERED BY THIS CERTIFICATE.
Go
LIT
TYPE OF INSURANCE
POLICY NUMBER
DATE
EXPIRATION
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
GENERAL AGGREGATE
f
( OOCURENCE BASIS ONLY)
COMMERCIAL
PRODUCTS/COMPLETED
f
COMPREHENSIVE
OPERATIONS AGGREGATE
E & CONTRACTORS
❑ TES
PERSONAL INJURY
f
CONTRACTUAL FOR SPECIFIC
❑
CONTRACT
❑ PHOOUCTSICOMPL OPER
❑ XCU HAZARDS
EACH OCCURANCE
$
❑ BROAD FORM PROP. DAMAGE
❑ SEVERABILITY OF INTEREST
DAMAGE
FIRE
f
CLAUSE
(ANY ONE FIRE)
❑ PERSONAL INJURY WITH
EMPLOYEE EXCLUSION
MEDICAL EXPENSES
f
REMOVED
(ANY ONE PERSON)
MARINE
AUTOMOBILE LIABILITY
COMBINED
f
COMPREHENSIVE
SINGLE LIMIT
BODILY INJURY
f
sttlJt
OWNED
(PER PERSON)
HIRED
BODILY INJURY
(PER ACCIDENT)
r'
k �nq
PROPERTY
F-1 NON-OWNED
v `•
DAMAGE
EXCESS LIABILITY
EACH
AGGREGATE
UMBRELLA FORM
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OTHER THAN UMBRELLA FORM
f
$
STATUTORY
.r'r, ,:. aµp*3:
"u
A
WORKERS' COMPENSATION
0019515
1/15/91
11/15/9
EACH ACCIDENT
f 1,000,
DISEASE -POLICY LIMIT
AND
EMPLOYERS LIABILITY
f 1,000,
DISEASE - EACH EMPLOYEE
LONGSHOREMEN'S AND HARBOR
F y,R.e{ ',, �I' :`
'
WORKERS' COMPENSATION
STATUTORY
r
DESCRIPTION OF OPERAT* NSADCATPONWNBOMES IRESTWCTIONSISPECI L ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT
BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT:
Newport Island Street Light Replacement, C -2799
. PROJECT TITLE AND CONTRACT NUMBER ".
V I I 1 n r
CERTIFICATE , OLDERAI ;
# S a
A ICELLATION '
i
f
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED,
CITY OF NEWPORT BEACH
CANCELED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE
P.O. BOX 1768
COMPANY AFFORDING COVERAGE SMALL PROVIDE 70 DAYS MIN. ADVANCE
3300 NEWPORT BLVD.
NOTICE TO THE CITY OF NEWPORT BEACH BY REGISTERED MAIL
NEWPORT BEACH, CA 92659 -1768
ATTENr N�,Oli Zo�/ 7/2'3/92
AUDMORI�D REPRESENT ISSUE DATE
- i
R
• - Page 10
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� A
PRODUCER„ C
COMPANIES AFFORDING COVERAGE
Norton Insurance Services Inc. C
COMPANY A
3 Corporate Park #260 L
A
Irvine, CA 92714
COMPANY B
INSUR'D L
F.J. Johnson, Inc.
P.O. Box 8438 C
COMPANY C
Anaheim, CA 92812 L
LETTER
COVERAGES' Ng
TFII§�(S`TO .c�itll`}Hn MLICI f
INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED. EXTENDED OR ALTERED BY THIS CERTIFICATE
LTF T
TYPE OF INSURANCE P
POLICY NUMBER E
EFFECTIVE E
EXPIRATION A
ALL LIMITS IN THOUSANDS
t
GENERAL LIABILITY G
GENERAL AGGREGATE $
$ 2,000,000
(
(OCCURANCE BASIS ONLY)
AF31 C
COMMERCIAL C
CCP169125 1
1 -24- 2
2 P
PROOLP=COMPLETED S
S
COMPREHENSIVE O
OPERATIONS AGGREGATE 1
11000,000
O
11-24-92
OWNEFr. a CONTRACTORS 1
PROTECTIVE P
PERSONAL INJURY S
S 11000,000
❑
❑ CONTRACTUAL FOR SPECIFIC
11000,000
❑
CONTRACT
❑ PRODUCTS /COMPL OPER E
❑ XCU HAZARDS
EACH OCCURANCE S
S 1
❑ BROAD FORM PROP. DAMAGE 5
50,000
❑ SEVERABIHITY OF INTEREST F
FIRE DAMAGE $
$
CLAUSE (
(ANY ONE FIRE).
❑ PERSONAL INJURY WITH
EMPLOYEE EXCLUSION M
MEDICAL EXPENSES S
S 51000
R
REMOVED (
(ANY ONE PERSON)
MARINE
AUTOMOBILE LIABILITY C
COMBINED $
$1,000,00
'Mv
A C
COMPREHENSIVE C
CCP169125 1
1 -24- 2
2 S
SINGLE LIMY'
BODILY INJURY -
t
-:
OWNED 1
11-24-92 (
(PER PERSON) t
BODILYJNJURY $
$
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HIRED (
(PER ACCIDENT) •
{
F-1 NON-OWNED P
,
PROPEGRTY $
$ ,
EXCESS LIABILITY R
R/. E
EACH A
AGGREGATE
UMBRELLA FORM •
•- O
OCCURRENCE
OTHER THAN UMBRELLA FORM .
. ;.�`; S
S $
$
STATUTORY
WORKERS' COMPENSATION $
$ E
EACH ACCIDENT
AND S
S D
DISEASE -POLICY LIMIT
EMPLOYERS' LIABILITY
S D
DISEASE - EACH EMPLOYEE
LONGSHOREMEN'S AND HARBOR '
'• + S
WORKERS' COMPENSATION S
STATUTORY �
�r'�„ _ F; _
EN
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_ E
DESCRIPTION OF OPERMT10N5/L=TION%NID ICIESJRESTRICTIONSBPECYLL ITEMS: ALL OPERATIONS PERFORMED FOR THE CRT' OF. NEWPORT
BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT:
Newport Island Street Light Replacement
PROJECT TIRE AND CONTRACT NUMBER
FERTIFICATEz HOLDERt r .`iryz ry /
/y A I a yang, ', S, T 4 Fz
111�4��.�Nt �' a
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED,
CITY OF NEWPORT BEACH C
CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE
P.O. BOX 1768 C
COMPANY AFFORDING COVERAGE SHALL PROVIDE 90 DAYS MIN. ADVANCE
P300 NEWPORT BLVD. N
NOTICE TO THE CITY OF NEWPORT BEACH BY REGISTERED MAIL
NEWPORT BEACH, CA. 92659 -1768 A
A 07 -23 -92
6K 1
i
9
0
Page 11 .
GENERAL LIABILITY INSURANCE ENDORSENRNT -
It is agreed that:
1. With respect to such insurance as is afforded by .the policy
for General Liability, the, City of Newport Beach, its officers
and employees are additional.insureds, but only with respect
to liability'- arising. out. of operations. performed:.by:..or on,, .
behalf of the named insureds. in connection with the contract
designated below or acts and omissions of...the additional
insureds in connection with its general supervision of such
operations. The insurance afforded said additional insureds)
shall apply as primary insurance and no ':other .insurance
maintained by the City of Newport Beach-shall-be-called upon..
to contribute with insurance provided by this policy.
2. The policy includes the following provision: -, --
"The insurance afforded by the policy applies
separately to each insured against whom'�,claim,. „
is made or suit is brought, except_„with ,
respect to the limits of liability O the
company affording coverage.5..
3. The insurance afforded by the policy for.Cont=actual'Liability
Insurance (subject to the terms, conditions",`- :exclusions
applicable to such insurance) includes liability: - assumed by
the named insured under the indemnification:or.hold harmless
provision contained in the written contract designated below,
between the named insured and the City of Newport Beach.
4. With respect to such insurance as is afforded by this policy,
the exclusions, if any, pertaining to the explosion hazard,
collapse hazard and underground property hazard (commonly
referred to as "XCU" hazards) are deleted.
5. The limits of liability under 'this endorsement for the
additional insured(s) named in Paragraph 1 of this endorsement
shall be the limits indicated below written on -an "Occurrence"
basis:
5/91
(x4 Commercial ( ) Comprehensive
General Liability
$ 1,000,000
each occurrence
$ 2,000,000 aggregate.
The applicable limit of Contractual Liability for the company
affording coverage shall be reduced by any amount paid as
damages under this endorsement in behalf of the additional
insured(s).
Page 11A
The limits of liability as stated in this endorsement ` - shall_ :
not increase the total..., liability of the company affording_
coverage for all damages as -the result of any one.--.occurrence.
in excess of the limits of liability stated in the policy as
applicable to General Liability Insurance.
.6. Should the policy be non - renewed, canceled or coverage reduced
before the expiration date thereof, the Issuing Company shall,;
provide 30 days' advance notice to the City of Newport Beach
by registered mail, Attention: Public Works Department.
7. Designated Contract: Newport Island Street Light Replacement
Project Title and Contract No.
C -2799
This endorsement is effective 11 -24 -91 at 12:01 a.m.
and forms a part of Policy No. ccP169125 of Prude ntialnUra tie
(Company Affording Coverage).
Insured: F.J. JOHNSON,
ISSUING COMPANY
By: A bu, `-4 .
Au o zed Representat e
5/91
Endorsement No.: ,
i
- -. Page 12
AUTOMOBILE-
It is agreed that,..
1. With respect to such insurance as is afforded by'the:.policy
for .Automobile Liability, the City of - Newport Beach, its
officers and employees are additional insureds; but only with
respect to liability for ;damages..arising..out of the ownership,`
maintenance or use. of automobiles. (or' autos) used by.or on
behalf of the named insured in connection with the contract
designated below. The insurance extended by this endorsement
to said additional insured does not apply to bodily injury or
property damage arising out of automobiles (1) owned by or
registered in the name of an additional insured, or (2) leased
or rented by an additional insured, or (3) operated by an
additional insured. The insurance afforded said additional
insureds) shall apply as primary insurance .and no.other
insurance maintained by the City of Newport Beach shall be
called upon to contribute with insurance provided by this
policy.
2. The policy includes the following provision:
"The insurance afforded by.the policy applies
separately to each insured who is seeking
coverage or against whom a claim is made or
suit is brought, except with respect to the
limits of liability. of the company affording
coverage."
3. The limits of liability under this endorsement for the
additional insureds named in Paragraph 1. of this endorsement
shall be the limits indicated below for either Multiple Limits
or Single Limit:
( ) Multiple limits
-.- Bodily Injury Liability $ per person
Bodily Injury Liability $ per accident
Property Damage Liability. $.
(� Combined Single Limit
Bodily Injury Liability 11000,000.
Property Damage Liability $
5/91
The limits of liability as stated in this endorsement shall
not increase the total liability of the company affording
coverage for all damages as the result of any one accident or
occurrence in excess of the limits of liability stated in the
policy as applicable to Automobile Liability Insurance.
Page 12A.
4: ghould the policy. be non renewed, can cel-ed`or coverage reduced.
belora the expiration - =da that, tha issuing Company- shall- — - --
provide 30. days':advance-notif the.City of Newport- Beach_
by registered mail, Attention.7 `Public.,iiorks Departsent.
5. Designated Contract: Newport Island Street Light Replacement
Pro ect T tle and Contract No.
C -2799
This endorsement is effective 13 -24 -91 - at 12:01 a.m.
and forms a part of Policy No. CCP169125< of Prudential Reinsurance -
(Company Affording Coverage).
Insured: F..J. JOHNSON, INC.'..'_ Er
Orgement No.: 1
5/91
Page 13
� Pf1YDIIVCaTTf1V° 4VQtiDfVPII /'�L+d"T IITf�STTAV.. -__.- . -.,,
"i am aware of the provisions of Section 3700 of the Labor - 'Code' -,,;
which. require every employer to be insured against liability for
workers' compensation or to-unidertake'self- insurance in accordance
with. the . provisions of. that .code; and,I - will. comply. with such
provisions before .commencing the performance: of. the 'work:of this-:
contract."
June 30,; 1992 R J. Johnson Inc.
Date ;43r_of Contractor (principal)
C -2799 -'
Contract Number zed S gnature and T tle
Daniel H. Smith Sec /Treasurer.
Newport Island Stree Li - -
T tle of Pro act
a
5/91
-- - Page 14
C011TRACT
THIS AGREEMENT, entered into this 2 " d
al!pf 1 - �
19� by -and between:_the-.Cnt OF. NEWPORT BEACN,-her a. �y,
and F. J. Johnson Inc.
"Contractor," s made with reference to the -fol ow. lhs
A.. City has heretofore advertised for bids for the following
described public work:
Newport Island Street Light Re lacemeni;
Title of Project
C -2799-
Contract No.
B. Contractor has determined by City to .,be the lowest
responsible bidder on said public work, Contractor's
bid, and the compensation set forth in this contract, is
based upon a careful examination of all. plans and
specifications by Contractor,
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall furnish all materials and perform all of
the work for the construction of the followi;iq.•:described
public work:
land S reet Light R ent C -2799
T tle of Project Contract No.
which project is more' fully described in the contract documents.
Contractor shall perform and complete this work in a. good and
workmanlike manner, and in accordance with all of the contract
documents.
2.
5/91
As full compensation for the performance and completion
of this work as prescribed above, City shall pay to
Contractor the sum of Sixty Four Thousand Six Hundred - Twenty_Twn
Dollars ($ 64.622.00 ). Th s compensation
includes:
(a) Any loss or damage arising from -the nature.- of..the
work,
Any loss or damage arising. from_ any -._unforeseen...
difficulties or obstructions in the - performance of
the work,
(c) Any expense incurred as a result of any suspension
or discontinuance of the work,
(b)
00 /100
but excludes any loss resulting from. earthquakes of a
magnitude in excess of 3.5 on the Richter'Scale and tidal
waves, and which loss or expense occurs, prior to
acceptance of the work by City.
Paq
_e 14A
�-3. All..'ofthe respective rights and obligations of
Contractor are set forth--in the-contract, 44, e
contract documents are incorporated - ,herein brsferance -i
as though set out in full and--include the.
(a) Notice Inviting Bids
(b) Instructions to Bidders and documents referenced
therein,
:Payment Bond
(d) Faithful Performance Bond
(a) Certificate of-Insurance and Endorsement(s)
(f) Plans and Special Provisions for Newport Island
kraut L' l-=nt _Zlo3tle oy Pro fct &n ia_ct No.
(g) This Contract
(h) Standard Specifications of Public Works
Construction (current Edition) and all supplements
4. Contractor shall assume the defense of, pay all expenses
of defense and hold harmless, City and its officers,
employees and representatives from all claims, loss Or
.
damage, injury and liability of every kind, nature.,ind
description by reason of or arising out of the negligent
or willful conduct of the contractor, his/her- exo9yees,
agents and subcontractors in the performance <'_, of, the
Project, except such loss or damage caused solely; -by the
active negligence of City or its officers, employees and
representatives.
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed the day and year first written above.
CITY/ ATTORqEY J
ATTEST:
5/91
CITY OF NEWPORT BEACH
A Municipal corporation
By:
Mayo or
F_ J_ Inhncznn Tnr
Wame-of -.Contractor .... .. .. 7-
4
AuWokized Signature and :T tle
Danidl H. Smith, Sec/Treasurer
II.
L7
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
NEWPORT ISLAND STREET LIGHT
CONTRACT NO. 2799
SCOPE OF WORK
• SP 1 of 5
The work to be done under this contract consists of
installing new street light standards, removing and
reinstalling a metered service point, installing pull
boxes and installing street light wiring and conduit;
and other incidental items of work.
All work necessary for the completion of this contract
shall be done in accordance with (1) these Special
Provisions, (2) the Plans (Drawing No. E- 5039 -5), the
City's Standard Special Provisions and Standard
Drawings for Public Works Construction, (1991 Edition);
and (4) the Standard Specifications for Public Works
Construction, (1991 Edition), including supplements.
Copies of the Standard Special Provisions and Standard
Drawings may be purchased at the Public Works
Department for Five Dollars ($5.00). Copies of the
Standard Specifications may be purchased from Building
News, Inc., 3055 Overland Avenue, Los Angeles,
California 90034, telephone (213) 202 -7775.
CONTRACTOR'S LICENSES
At the time of the award and
the Contractor shall possess
Contractor "A" License or an
10" License. At the start of
of work, the Contractor shall
License issued by the City of
III. HOURS OF WORK
7:00 AM - 6;30 PM weekdays
8:00 AM - 6:30 PM Saturdays
until completion of work,
a General Engineering
Electrical Contractor "C-
work and until completion
possess a Business
Newport Beach.
No work will be permitted on Sundays and holidays which
disturbs, or could disturb, a person of normal
sensitivity who works or resides in the vicinity.
"Holiday" shall be defined as January 1st, the third
Monday in February (President's Day), the last Monday
in May (Memorial Day), July 4th, the first Monday in
September (Labor Day), November 11th (Veterans Day),
the fourth Thursday in November (Thanksgiving), and
December 25th (Christmas). If January 1st, July 4th,
November 11th or December 25th falls on a Sunday, the
following Monday is a holiday.
N
• SP 2 of 5
IV. COMPLETION. SCHEDULE AND PROSECUTION OF WORK
A. The Contractor shall complete all work within
thirty (30) consecutive calendar days, with start
date as directed by the Engineer. Start date is
anticipated during July of 1992.
B. It will be the Contractor's responsibility to
ensure the availability of all material prior to
the start of work. Unavailability of materials
will not be sufficient reason to grant the
Contractor an extension of time for 100$
completion of work.
C. No work shall begin until a schedule of work has
been approved by the Engineer.
V. PAYMENT
The unit or lump sum price bid for each item of work
shown in the proposal shall be considered as full
compensation for all labor, equipment, materials and
all other things necessary to complete the work in
place, and no additional allowance will be made
therefor.
Payment for incidental items of work not separately
provided for in the proposal shall be included in the
unit price bid for each item of work.
Partial payments for Mobilization and Traffic control
shall be made in accordance with Section 10264 of the
California Public Contract Code.
VI. WATER
If the Contractor desires to use City's water, he shall
arrange for a meter and tender a $500 meter deposit
with the City. Upon return of the meter in good
condition to City, the deposit will be returned to the
Contractor, less a quantity charge for water usage.
VII. PUBLIC CONVENIENCE AND TRAFFIC CONTROL
The Contractor shall provide traffic control and access
in accordance with Section 7 -10 of the Standard
Specifications and the Work Area Traffic Control
Handbook (WATCH) also published by Building News, Inc.
VIII. INSTALLATION OF CIRCUITS
The newly installed street light circuits shall be 240
volt multiple systems. The street light standards are
to be fiberglass poles and bolted to new foundations as
shown of the drawings. New luminaries with 50 watt HPS
lamps are to be installed on the new poles. A new pull
box is to be constructed within five feet of the base
of the pole and a double fuse holder installed in the
pullbox.
' • • SP 3 of 5
IX
9
XI.
SERVICE POINT
The Contractor shall remove and salvage the existing
service point equipment, demolish and remove the base,
install new conduit and wiring to the new service
point, and construct a new 240 volt metered service
point, using the existing equipment, at the location
shown on the plans. Equipment and installation shall
conform to STD -206 -L except that the pedestal enclosure
shall conform to the requirements of these special
provisions. The service point shall be complete and
operable prior to starting the installation.
When all work is completed, except for the connection
of the conductors to the Southern California Edison
Company vault, the Contractor shall make arrangements
with Jim Palma of Southern California Edison Company at
(714) 895 -0246 to make the connection. The Contractor
shall have a representative present when the connection
is made.
The pedestal for the service point shall be free
standing type. The pedestal shall be complete with
meter socket and factory installed test blocks, and
shall comply with the requirements of the Southern
California Edison Company. The pedestal shall be
furnished as a complete pre -wired assembly and shall be
Meyers stainless steel cabinet Cat. fMEUGX- M100C /SS.
All factory installed components shall be U.L. listed.
All factory installed conductors shall be copper, size
and type to conform to NEC and U.L. requirements. The
enclosure shall be furnished with a detachable sub -base
with 1/2 inch diameter bolts. Mounting bolts shall not
be visible outside the enclosure after installation on
the sub -base. All mounting hardware shall be type 316
stainless steel.
FIBERGLASS STREET LIGHT STANDARDS
Fiberglass street light standards shall be the style
shown on the drawings, with fluted tapered shafts,
access panel in the base, and a 6" globe holder tenon,
and shall be Main Street, Newporter Series, #FF 1901.
The fiberglass core color shall be matte gray. A
finish coat of polyurethane paint shall be applied to
the exterior surface. The finish color coat shall be
ASA #61 grey, Sherwin Williams #F63A31 or equal
approved by the Engineer.
Post -Top luminaries shall be furnished with 240 -volt
HPS lamps of the wattage shown on the drawings. All
luminaries shall be furnished with porcelain mogul
bases, spring loaded contacts in a nickel plated screw
shell, and internal CWA -HPS 240 volt ballast. The
ballast shall be Unicorn Electrical Products Cat. No.
r • • SP 4 of 5
UKA- 004 - 730 -01. The ballast shall be conveniently
located for easy removal. The luminaries shall have a
terminal block for the field wiring conductors and
ground. The luminaire shall be furnished with a heavy
duty cast aluminum acorn globe holder coated with a
temperature controlled acrylic enamel 4 mils thick over
an etching primer. The finish color of the holder
shall match the fiberglass pole. The holder shall be
furnished with 4 -1/4 x 20 stainless steel fastener
bolts to lock the acorn globe to the holder. A photo
electric cell shall be installed in the holder. The
holder shall be designed to fit over a 6" tenon.
XII. GLOBES
Post -top acorn globes shall be U.V. stabilized
polycarbinate with prismatic refracted globes for Type
II distribution. Post top globes shall be Niland Co.
#704 008 205.
XIII. PHOTO ELECTRIC CELLS
Post top luminaries shall be equipped with a photo
electric cell installed on the globe holder. The photo
electric cells shall be Area Lighting Research Cat.
#AA1068 208 -277V, or Nytrol A -1068. All photo electric
cells shall be oriented north, unless otherwise noted
or such orientation conflicts with light sources,
buildings or other conditions which might impair the
proper function of the cell.
XIV. FUSEHOLDERS
Double fuseholders shall be installed in the pullbox.
The fuseholders shall be furnished with fuses
appropriate to the connected lamp wattage. The
fuseholders shall be Tron #HEX -AA or equal approved by
the Engineer.
XV. CONDUIT AND CONDUCTORS
Conduit shall be installed under the sidewalk at the
locations shown of the drawings. All underground
conduit, unless otherwise shown, shall be 1 -1/4 inch
diameter schedule 40 PVC. Care shall be taken to avoid
damage to the conduit during installation. Insulated
conductors shall be stranded copper conforming to the
AWG wire size shown on the drawings. The insulation of
each conductor shall be a different solid color. The
bare ground wire shall be solid copper, #8 AWG, unless
otherwise shown.
•+ . • SP 5 of 5
XVI. TEMPORARY RESURFACING
Such resurfacing shall be per Section 306 - 1.5.1, of
the Standard Specifications, "Temporary Resurfacing"
except that paragraph 4 and 5 shall.be deleted and
replaced by the following paragraph:
"The cost of furnishing, placing and maintaining
temporary resurfacing shall be included in the unit
costs to install street light conduit and conductors."
XVII. SOLID WASTE DIVERSION
The Contractor shall either 1) apply for and obtain a
no -fee solid waste self -haul permit from the City's
Business License office, or 2) subcontract with a
private solid waste hauler already permitted to operate
within the City.
Unless specified elsewhere in this contract, all non -
reinforced concrete and asphalt wastes generated from
the jobsite shall be disposed at a facility which
crushes such materials for reuse. Excess soil and
other recyclable solid wastes shall not be disposed at
a sanitary landfill.
The Contractor shall maintain monthly tonnage records
of solid wastes generated and solid wastes shall not be
disposed at a sanitary landfill. The Contractor shall
report said tonnages monthly to the Engineer on a form
provided by the Engineer.
XVII. PROJECT LIMITATION
This project is being constructed as part of a Special
Assessment District. Should the proceeding be
abandoned after the close of a public hearing on a
Resolution of Intention, scheduled to be held on June
22, 1992, this contract will not be awarded.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
NEWPORT ISLAND STREET LIGHTING REPLACEMENT
CONTRACT NO. 2799
I.
SCOPE OF WORK . . . . . . . . . . . . . . . . .
. . . 1
II.
CONTRACTOR'S LICENSES . . . . . . . . . . . . .
. . . 1
III.
HOURS OF WORK . . . . . . . . . . . . . . . . .
. . . 1
IV.
COMPLETION, SCHEDULE AND PROSECUTION OF WORK
2
V.
PAYMENT . . . . . . . . . . . . . . . . . . . . .
. . 2
Vi.
WATER . . . . . . . . . . . . . . . . . . . . . .
. . 2
VII.
PUBLIC CONVENIENCE AND TRAFFIC CONTROL . . . . .
. . 2
VIII.
INSTALLATION OF CIRCUITS . . . . . . . . . . . .
. . 2
IX.
SERVICE POINT . . . . . . . . . . . . . . . . . .
. . 3
X.
FIBERGLASS STREET LIGHT STANDARDS . . . . . . . .
. . 3
XI.
LUMINARIES . . . . . . . . . . . . . . . . . . _
. . 3
XII.
GLOBES . . . . . . . . . . . . . . . . . . . . .
. . 4
XIII.
PHOTO ELECTRIC CELLS . . . . . . . . . . . . . .
. . 4
XIV.
FUSE HOLDERS . . . . . . . . . . . . . . . . . .
. .4
XV.
CONDUIT AND CONDUCTORS . . . . . . . . . . . . .
. .4
XVI.
TEMPORARY RESURFACING . . . . . . . . . . . . . .
. .5
XVII. .
SOLID WASTE DIVERSION . . . . . . . . . . . . . .
. .5
XVIII.
PROJECT LIMITATION . . . . . . . . . . . . . . .
. .5
JUN 2 1992
June 22, 1992
2
CI,TY COUNCIL AGENDA
ITEM NO. D- Z
4d z- OAAu y1 -67 '6A-0 &1
TO: Mayor and Members of the City Council C , z7
FROM: Public Works Department
SUBJECT: UNDERGROUNDING UTILITIES AND CONSTRUCTING STREET LIGHTS
ON NEWPORT ISLAND
(Proposed Assessment District No. 63)
RECOMMENDATIONS:
1. Open public hearing on the Resolution of Intention to
form proposed Assessment District No. 63.
2. Close public hearing.
A. If it is desired to form the district, adopt the
following resolutions:
(a) Resolution denying protests and making findings.
(b) Resolution approving contracts for ownership of
utility improvements.
(c) Resolution confirming assessments.
(d) Resolution awarding the construction contract.
(e) Resolution appropriating the sum of $430,000.00
from the General Fund as a short term loan to
the assessment district to be repaid with interest
until the proceeds from the 30 day cash collection
period and the bond sale are received.
B. If it is desired to abandon the proceedings, adopt a
resolution abandoning the proposed special assessment
district and rejecting all bids received on May 19,
I('f 1992 for Contract No. 2799 (construction of street,
lights on Newport Island).
DISCUSSION:
On February 11, 1991, proposed Assessment District No.
63 was initiated as a result of a petition signed by the owners
of 81 of 117 parcels of land on Newport Island, representing
72.38% of the area of assessable land. Construction of a
standard City -owned street lighting system to replace leased
lights mounted on wood poles is included as an appurtenant part
of the work.
Subject: Undergrounding utilities and constructing street lights
on Newport Island
(Proposed Assessment District No. 63)
June 22, 1992
Page 2
Proponents of the district requested that the City pay
for undergrounding adjacent to the Newport Island park; however,
the staff recommends that the City does not contribute. In the
past the staff recommended that the City contribute to
undergrounding adjacent to the Tenth Street public beach at half
the rate assessed to private property on the basis that the beach
is widely used by the general public, but because the
neighborhood benefitted more from the improvement than the
general public, the City and the neighborhood should share the
cost; however, because the Newport Island Park is not used
extensively by the public, the staff recommendation is made.
The measure of support for a special assessment
district is by written protests received prior to the public
hearing. In the past, by unwritten Council policy, verbal
protests at the public hearing were also counted. Any property
owner not protesting is deemed to be in favor of the improvement.
The percentage of protest is measured by the amount of assessable
land owned by the protesters. The City park is considered non -
assessable land. Upon receipt of a majority protest the
proceedings must be abandoned; for protests of less than 508:the
decision is at the discretion of the City Council. Previous to
the public hearing 3 written protests were received representing
2.48 of the area of assessable land.
The total estimated cost of the improvement is
$675,738.00. 'At the request of proponents of the district, the
assessment has been spread on the basis of one equal share of
$5,850.55 for each of 114 parcels, and one -half of a share for
each of three parcels of land that are less than 2,000 square
feet in area, the minimum size of a buildable parcel under
current zoning regulations. Each property owner is responsible
for arranging and paying for converting service connections to
his property. (For future districts, the staff is investigating
the feasibility of including conversions on private property in
the assessment).
The Council has previously appropriated a total of
$45,000 for preparation of plans and submission of guaranteed
prices by the public utilities, and for the Engineer's Report.
If the district is formed, this money will be repaid with
interest. If the district is not formed, the money will be lost.
The reason for requesting an additional short term loan is so
that the public utilities can proceed without waiting for the
proceeds of the bond sale.
Z•
�r, •
Subject: Undergrounding utilities and constructing street lights
JL on Newport Island
(Proposed Assessment District No. 63)
June 22, 1992
Page 3
The procedure being used for the special assessment
district is the Municipal Improvement Act of 1913. The
investigation required by the Debt Limit Act (Special Assessment
Investigation, Limitation, and Majority Protest Act of 1931) is
included as part of the proceedings. The Debt Limit Act provides
that the total of all existing and proposed assessments on any
single parcel in the district may not exceed the net taxable
value. In District No. 63 the maximum ratio of proposed
assessment to full taxable value for any parcel is approximately
one -sixth per the 1991 -92 Assessor's net taxable values.
Municipal bonds with a period of 15 years will be,
issued under the procedure of the Improvement Bond Act of 1915.
Bond Counsel, F. Mackenzie Brown, recommends that the final
proposal for the sale of bonds be handled at the July 27 meeting
of the City Council. The first assessments will be collected
with the 1992 -93 taxes.
At 7:00 P.M. on June 11, 1992 an informal public
meeting was held in the Council Chambers at which time interested
people could see the plans and ask detailed questions about their
particular properties and assessments, questions which could be
answered more appropriately at an informal meeting than at a
formal public hearing.
Proponents objected to Section IV of the Engineer's
Report under which an annual assessment may be levied to pay;the
cost of administering and collecting assessments. They prefer to
have these costs collected in advance even if it costs more.: The
staff agrees and has revised the Estimate accordingly, increasing
the estimated cost of bond printing, registering and servicing by
$9,000.00; adding estimated costs for cash discounts and interest
payable to the General Fund for loans; and reducing estimated
construction costs accordingly. This is reasonable and prudent
because the lowest responsible bid for street lights plus 10%
contingencies was $8,000 under the estimate in the report, and
contingencies for undergrounding by the public utilities can
safely be reduced because with guaranteed costs, construction
cost increases are usually minor.
" Subject: Undergrounding utilities and constructing street lights
on Newport Island
(Proposed Assessment District No. 63)
June 22, 1992
Page 4
At 11:00 A.M. on May 19, 1992 the City Clerk opened and
read the following bids for Contact No. 2799 (Newport Island
Street Lights):
Bidder
1. F.J Johnson, Inc.
Anaheim
2. D & V Electric
Pomona
3. Steiny & Co., Inc.
Anaheim
4. Moore Electrical Contracting
Co., Inc., Corona
Total Did Price
$64,622.00
67,899.95
76,000.00
82,130.00
5. AAA Electric Services 49,584.00
Anaheim
Staff Findings: The lowest monetary bidder, AAA Electric
Service, is not the lowest responsible bidder
because:
1. Its bid bond was issued by a company that is not in the
Treasury list or authorized by the Insurance
Commissioner of California to issue surety bonds in
California. Bidders are permitted to submit cash, "a
certified check or cashier's check in lieu of a
bidder's bond; however, AAA did not do so.
2. AAA Electrical Service has no relevant experience with
public works construction.
The lowest responsible bid of F.J. Johnson, Inc. at
$64,622.00 is 0.4% below the Engineer's estimate of $65,000. The
company is a well - qualified electrical contractor who has
successfully completed previous contract work for this City and
many other public agencies. All work will be done with their own
forces.
The 1991 -92 budget contains funds for street
improvements on Newport Island. If the assessment district is
abandoned, the staff intends to proceed with the street
improvements at the earliest opportunity. Plans and
Tig
`4
Subject: Undergrounding utilities and constructing street lights
.l on Newport Island
(Proposed Assessment District No. 63)
June 22, 1992
Page 5
specifications for undergrounding utilities were prepared by the
public utilities. Plans and specifications for the street
lighting system were prepared by the Public Works Department.
project:
Following is a proposed schedule for the combined
T I *iM*
1992
Jun. 22 a. Council holds public hearing on Resolution of
Intention. After closing public hearing, Council
declares its intention.
b. Council appropriates funds as a loan to the
assessment district.
C. Council awards contract for street lights.
Jun. 24 a. Assessment and liens recorded with County
Recorder.
b. Construction funds forwarded to public utilities.
Jun. 26 Cash collection period notices mailed.
Jul. 1 Public Utilities advertise for bids.
Jul. 13 Construction of street lighting commences.
July 27 Bonds sold.
July 31 .Annual Debt Service Schedule transmitted to County Tax
Collector.
Aug. 15 a. Public utilities commence construction.
b. Homeowners begin to convert service connections.
Aug. 31 street light construction finished.
Nov. 9 Council authorizes City Clerk to advertise for bids
to reconstruct streets and alleys on Newport Island.
Dec. 15 Public utilities complete undergrounding.
,to
Subject: Undergrounding utilities and constructing street lights
on Newport Island
(Proposed Assessment District No. 63)
June 22, 1992
Page 6
1993
Jan. 27 Council awards contract to reconstruct streets and
alleys.
Jun. 30 Construction of streets and alleys complete.
Attached is a sketch showing the district boundary;
location of the proposed improvements; properties represented on
petitions; properties whose owners have protested; and revised
estimate printed on pink paper which should be substituted An the
Engineer's Report.
Benjamin B. Nolan
Public Works Director
KLP:so
Attachment
kf
v
ENGINEER'S REPORT
PART II.
ESTIMATE OF COSTS
--------------- - ---
REVISED JUNE 22, 1992
I. CONSTRUCTION
---------------------------------------
1. EDISON CO. (LUMP SUM)
2. PACIFIC BELL (LIMP SUN)
3. STREET LIGHTS
SUBTOTAL CONSTRUCTION
CONSTR. CONTINGENCIES
3. TOTAL CONSTRUCTION
II. INCIDENTAL EXPENSES
-------------------
4. ENGINEERING (EDISON)
5. ENGINEERING (PACIFIC BELL)
6. STREET LIGHT ENGINEERING
7. ASSESSMENT ENGINEERING
8. CONSTRUCTION INSPECTION
9. CITY ADMINISTRATION
10. PRINTING, ADVERTSING, NOTICES
11. BOND PRINTING, REGISTRATION $ SERVICING
12. FILING FEES
13. INCIDENTAL CONTINGENCIES, INCLUDING
INTEREST ON LOANS FROM GENERAL FUND
14. TOTAL INCIDENTAL COSTS
15. TOTAL CONSTRUCTION
16. TOTAL CONSTR. 6 INCID.
17. BOND COUNSEL
18. CONSTRUCTION, INCID. 6 BOND COUNSEL
19. BOND DISCOUNT
20. BOND RESERVE (50
21. FUNDED INTEREST
11. CASH DISCOUNT
22. SUBTOTAL
23. LESS CONTRIBUTIONS
24. BALANCE TO ASSESSMENT
1.
PRELIMINARY
REVISED CONFIRMED
ESTIMATED
ESTIMATED ASSESSMENT
COST
COST
4/22/92
------------
6/22/92 6/22/92
------- - - - - -- ------ -- -- --
$294,014.00
$294,014.00
13046.00
135,746.00
72,000.00
64,622.00 j
501,160:00
494,382.00
50,176.00
37,500.00
1551,936.00
$531,882.00
10,000.00 10,000.00
1,500..00
1,500.00
1,500.00
1,500.00
25,000.00
25,000.00
1,000.00
1,000.00
10,000.00
10,000.00
31000.00
3,000.00
3,000.00
12,000.00
500.00
500.00
14,200.00
15,909.16
69,700.00
80,409.16
551,936.00
531,882.00
621,636.00
612,291.16
6,800.00
7,000.00
628,436.00
619,291.16
13,515.00
15,481.28
33,787.00
30,964.56
0.00
0.00
0.00
------------
10,000.00
------------- ------------
675,738.00
675,738.00
0.00
--- -----
0.00
--------
-- --
$675,738.00
----- ------ - - - - --
$675,738.00
----------- _
:_:_ :: :::___: = _= .___Z::_:
2
ENGINEER'S REPORT
PART II.
ESTIMATE OF COSTS
--------------- - ---
REVISED JUNE 22, 1992
I. CONSTRUCTION
---------------------------------------
1. EDISON CO. (LUMP SUM)
2. PACIFIC BELL (LIMP SUM)
3. STREET LIGHTS
SUBTOTAL CONSTRUCTION
CONSTR..CONTINGENCIES
3. TOTAL CONSTRUCTION
II. INCIDENTAL EXPENSES,
4. ENGINEERING (EDISON)
5. ENGINEERING.(PACIFIC BELL)
6. STREET LIGHT:ENGINEERING
7. ASSESSMENT ENGINEERING
8. CONSTRUCTION INSPECTION
9. CITY ADMINISTRATION
10, PRINTING, ADVERTSING, NOTICES
11. BOND PRINTING, REGISTRATION 5 SERVICING
12. FILING FEES
13. INCIDENTAL CONTINGENCIES, INCLUDING ..
INTEREST ON LOANS FROM GENERAL FUND
14. TOTAL INCIDENTAL COSTS
15. TOTAL CONSTRUCTION
16. TOTAL CONSTR. 6 INCID.
17. BOND COUNSEL.
18. CONSTRUCTION, INCID. 6 BOND COUNSEL
19. BOND DISCOUNT
20. BOND RESERVE (R)
21. FUNDED INTEREST
21. CASH DISCOUNT
22. SUBTOTAL
23. LESS CONTRIBUTIONS
24. BALANCE TO ASSESSMENT
PRELIMINARY
REVISED CONFIRMED
ESTIMATED
ESTIMATED ASSESSMENT
COST
COST
4/22/92
6/22192 6/22/92
---------
-- ----------
$294,014.00
--- ---- ------ ---
$294,014.00
135,746.00
135,746.00
72,000.00
64,622.00
-------- ------ -----
--------- ---
501,760.00
- -- -- -
494,382.00
50,176.00
37,500.00
$551,936.00
$531,881.00
10,000..00 10,000.00
1,500.:00
1,500.00
1,500.60
1,500.00
251000.00
25,000.00
1,000:00
1,000.00
10,000.00
10,000.00
3,000.00
3,000.00
3,000.00
12,000.00
500.00
500.00
14,200.00
15,909.16
69',700.00
80,409.16
55036.00
531,882.00
621,636.00 612,291.16
6,600.00 7,000.00
628,436.00 619,291.16
13,515.00
15,482.28
33,787.00
30,964.56
0.00
0.00
0.00
10,000.00
675,738.00
675,738.00
0.00
0.00
------ - - - - --
$675,738.00
-- ---- ------- ------------
$675,738.00
=====ZZ===9=
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UNDERGROUNDING UTILITIES RND CONSTRUCTING
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RESOLUTION NO. 92-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AWARDING THE CONTRACT
FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF
IMPROVEMENT IN A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF NEWPORT BEACH, CALIFORNIA, did
publicly open, examine and declare all sealed proposals or bids for doing the work
and improvements described in its Resolution of Intention, which Resolution and a
"Report" subsequently approved, are hereby expressly referred to for a description
of said work and improvements and for all particulars relative to the proceedings
for the works of improvement, in a special assessment district known and designated
as ASSESSMENT DISTRICT NO. 63 (NEWPORT ISLAND) (hereinafter referred to as the
"Assessment District ").
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That this legislative body hereby rejects all of said proposals or',
bids except that herein mentioned, and does hereby award the construction contract
for doing said work and making improvements in the Assessment District to the lowest
responsible bidder, to -wit:
F. J. JOHNSON, INC.
at the prices named in the bid of said bidder on file with the transcript of these
proceedings and open for public inspection.
SECTION 3. That this award of contract is hereby conditioned upon and made
subject to the receipt of monies and proceeds from the issuance and sale of bonds.
The Contractor shall not commence construction or order equipment until he has
received a Notice to proceed. Any progress payment to the Contractor for work
completed may be delayed if monies have not been received from the sale of bonds.
SECTION 4. That the works of improvement shall be constructed in the manner
and form as set forth in the plans and specifications for these proceedings, as
previously approved as a part of the "Report ", as required by law and specifically
the "Municipal Improvement Act of 1913 ", being Division 12 of the streets and
Highways Code of the State of California.
SECTION 5. That the Mayor and City Clerk are hereby authorized to execute the
Agreement for the works of improvement relating to said Assessment District, and a
copy of said Agreement shall be on file with the transcript of these proceedings.
SECTION 6. That all monies to pay for the costs and expenses of the above
referenced Assessment District shall be paid from the funds as deposited in the
Improvement Fund, including any interest earned thereon.
APPROVED and ADOPTED this 22nd day of Jung , 1992.
2ATTE T:
CITY CLERK
CITY OF NEWPORT BEAC
STATE OF CALIFORNIA
M9kYOR /
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA
I : •
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF NEWPORT BEACH
I, WANDA E. RAGGIO, CITY CLERK of the CITY OF NEWPORT BEACH, CALIFORNIA, DO
HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 92 -66 , was
duly passed, approved and adopted by the City Council, approved and signed by the
Mayor, and attested by the City Clerk, all at the regular meeting of said City
Council held on the 22nd day of June 1992, and that the same
was passed and adopted by the following vote:
AYES: COUNCIL MEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUNMER
NOES: COUNCIL MEMBERS NONE
ABSENT: COUNCIL MEMBERS NONE
ABSTAIN: COUNCIL MEMBERS NONE
EXECUTED this C25zwslay Of 1992, at Newport Beach, California.
CITY CLERK
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA
[SEAL]
• CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BID SUMMARY
TITLE Newport Island Street Light Replacement
CONTRACT NO.. C -2799
CONTRACTOR
C
n ?
0
LOCATION: City Clerk's Office
TIME 11:00 a.m.
DATE May 19 1992
AMOUNT
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