HomeMy WebLinkAboutC-3063 - Balboa Island Street Light Replacement Project - Phase I!9/
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
October 25, 1996
F. J. Johnson, Inc.
1195 N. Van Horn Way
Anaheim, CA 92806
Subject: Surety:
Bond No.:
Contract No.:
Project:
(714) 6443005
Merchants Bonding Co. (Mutual)
704694
C -3063
Balboa Island Street Light Repalcement
Project - Phase I
On September 9, 1996, the City Council of Newport Beach accepted
the work of the subject project and authorized the City Clerk to
file a Notice of Completion and to release the bonds 35 days
after the Notice of Completion has been recorded in accordance
with applicable portions of the Civil Code.
The Notice was recorded by the Orange County Recorder on
September 18, 1996, Reference No. 19960475330,
Sincerely,
j
LaVonne M.
City Clerk
Harkless, CMC /AAE
LH:ib
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
RECORDING REQUEST�Y AND
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WHEN
R.ECOR.DED kETURN TO:
Rer.ordcd in the Cot inty of Orange.
Gary L. Granville Clerk /Recorder
"IIiI'1' III I I'lIINIll''�I °'�IUPP�'���I;�41 No
California
Fee
City
City
3300
Clerk
of Newport Beach
Newport Boulevard
19960475330 010am
005 18001814 18 49
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09/18/96
0.00
Newport Beach, CA 92663
"Exempt from recording fees pursuant
to Government Code Section 6103"
iiCTI E OF COI-CTLLTivi
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport
Boulevard, Newport Beach, California, 92663, as Owner, and
F. J. Johnson, Inc. as
Contr actor; entered into a Contract on October 9, 1995
Said Contract set forth certain improvements, as follows:
Balboa Island Street Light Replacement Project - Phase I
Contract No. 3063
Work on said Contract was completed on August 23, 1996
and was found to be acceptable on September 9, 1996
by the City Council. Title to said property is vested in the
Owner, and the Surety for said Contract is Merchants Bondine
Company (Mutual) / /
BY�,.. l l
Public Works irector
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 00,
at
Newport Beach, California. _�.,n„w„_
t
BY
City Clerk
MAO si
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L
September 9 , 1996
CITY COUNCIL AGENDA
ITEM NO. 9
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: NOTICE OF COMPLETION
BALBOA ISLAND STREET LIGHT REPLACEMENT - PHASE I
CONTRACT NO. C -3063
RECOMMENDATIONS:
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 Balboa Island Street Light Replacement
Project -Phase I has been completed by F. J. Johnson, Inc. to the satisfaction of
the Public Works Department.
The bid price was $ 289,525.00
Council approved change order, 008 circuit conversion $44,952.00
Amount of change orders $ 33,443.76
Total contract cost $ 367,92076
There were three (3) change orders for this project. The first was for a time
extension only, initiated by the City so construction could begin after the
Christmas holidays. The second change order resulted because additional
work was requested by the City to make repairs at the Balboa Pier Parking Lot
and along the Ocean Front sidewalk to 6th Street (008 Circuit). This change
was approved by the City Council on February 12, 1996. The third change order
was for additional conduit installation and work required for the removal of
encroachments around the street light system.
Funds for the project were budgeted in the following accounts:
Description Account Number Amount
Street Light Replacement 7014- C5300035 $255,395.76
Street Light Conversion 7014- C5300025 $50,000.00
Sidewalk, Curb & Gutter 7013- C5100020 $62,525.00
•
$367,920.76
O
0 i
Balboa Island Street Light Replacement Project
Notice of Completion C -3063
September 9, 1996
The contractor was F. J. Johnson, Inc. of Anaheim. The scheduled completion
date was January 8, 1996. Due to the City's time extension request and
additional time approved for the change order work, the adjusted completion
date was August 23, 1996. The Contractor completed the project prior to this
date.
Staff recommends acceptance of the work.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By:
Mi ael J. Sinacori, P.E.
Utilities Engineer
MJS:tam
u
•
I
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CITY OF NEWPORT BEACH
OFFICE OF T1iE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(714) 644 -3005
TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT
FROM: CITY CLERK
DATE: January 22, 1996
SUBJECT: Contract No. C-3063
Description of Contract: Balboa Island Street Light
Replacement Project - Phase I
Effective date of Contract: October 9, 1995
Authorized by Minute Action, approved on October 9, 1995
Contract with F. J. Johnson, Inc.
Address: 1195 N. Van Horn Wav
Anaheim, CA 92806
Amount of Contract: (See Agreement)
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:lm
Attachment
3300 Newport Boulevard, Newport Beach
February 12, 1996
CITY COUNCIL AGENDA
is TO: MAYOR AND MEMBERS OF THE CITY
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: CONTRACT CHANGE ORDER TO F. J. JOHNSON FOR STREET
LIGHT CIRCUIT 008 REPLACEMENT (OCEAN FRONT SIDEWALK
AND BALBOA PARKING LOT), AS A PART OF THE BALBOA
ISLAND STREET LIGHT REPLACEMENT PROJECT, CONTRACT
NO. 3063 AND BUDGET AMENDMENT REQUESTING FUND
TRANSFER
RECOMMENDATIONS:
1. Approve a Contract Change Order to Contract No. 3063 to
F. J. Johnson in the amount of $45,000 for the replacement
of Street Light Circuit 008 (Ocean Front Sidewalk and Balboa
Pier Parking Lot)
• 2. Authorize a $60,000 Budget Amendment to transfer funds
from the Tidelands Fund to the General Fund.
DISCUSSION:
Circuit 008 of the City's street light system provides lighting for
the Ocean Front sidewalk from 6th Street to Palm Street and the Balboa Pier
Parking Lot. Thirty-seven street lights are on this circuit. The portions of
the circuit along the Ocean Front sidewalk were originally installed in 1931.
Circuit 008 is an outdated series circuit with incandescent light fixtures.
The frequency of outages on this circuit has significantly increased during
this past year. On December 18, 1995, a conduit short occurred causing the
lights to be out for 3 to 4 days during the Christmas Boat Parade period.
Temporary lighting was required to be rigged for the pier parking lot. Most
recently during a light mist on January 16th a short in a light fixture
occurred near 6th Street causing stray voltage in the sidewalk area. This
malfunction kept the circuit out of service for two days.
The attached exhibit displays the older street light systems
• which are slated for replacement under the City's fifteen year program. This
program will convert obsolete 5000 volt series street light circuits and replace
aging facilities. Circuit 008 is shown in the inset.
During the repair of the latest outage, City crews noted that
Circuit 008 should be upgraded to the current standard 240 volt circuit and
sodium vapor light fixtures to eliminate the potential of stray voltage being
dispersed from the circuit. Currently the electrical contracting firm of F. J.
• 0 Page 2
I - Circuit Emergency Street Light Replacement Project
(Balboa Parking Lot(, C -3082
February 12, 1996
Johnson, Inc. is performing a similar conversion of the street light system on
Balboa Island. Staff has solicited a bid from this firm to perform the
necessary work to convert the old series circuit and incandescent lights to a
240 volt circuit and high pressure sodium pressure lights. F. J. Johnson has
provided a $40,000 quote to perform the work to convert Circuit 008. The
quote for the work is consistent with the bid prices that F. J. Johnson
provided the City for the Balboa Island Street Light Replacement Project.
That project was awarded by City Council in October for $289,525. Staff
recommends that the Council accept the quoted price and include the Circuit
008 work as a Contract Change Order to the Balboa Island Street Light
Replacement Project C -3063.
F. J. Johnson of Anaheim is a qualified general contractor
licensed to do business in California. This contractor has successfully
completed street lighting projects for other reputable public agencies and
municipalities. The firm has an excellent reputation in the street lighting
field and has a significant amount of experience with projects of this type.
The firm has done work for the County of Orange, Cities of Orange, Laguna
Niguel, Laguna Hills, Costa Mesa, Fullerton, Placentia and Newport Beach.
The firm also frequently acts as a sub - contractor on major road projects.
They recently worked on the Balboa Boulevard Project and New Ford Road
installing street lights for the City of Newport Beach. In addition, F. J.
Johnson performed the series conversion at Peninsula Point in 1994, has
recently completed work on the F- circuit series conversion near the Newport
Pier, and is currently completing the first phase of the Balboa Island Street
Light Replacement Project. The addition of the Circuit 008 work to the
Balboa Island Street Light Conversion project will allow the work to be
completed more rapidly than if the conversion went through the formal bid
process. The work is anticipated to be completed by Easter.
REQUEST FOR FUND TRANSFER:
Funds for the change order and for the purchase of required
materials will be obtained by authorizing a Budget Amendment transferring
$60,000 from the un- encumbered Tidelands Fund Oil Field Improvement
Capital Project Account No. 7231- C5400053 to the Street Light Replacement
Project Account No. 7014- C5300035.
Staff recommends approval.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
Attachments: Exhibit "A ": 15 Year Street Light Replacement Program and Project Location Map
•
See Contract File for
Street Lighting
Series Circuit Conversion - 15 Year Plan
lb
NOTICE INVITING BIDS
Scaled bids may be received at the office of the City Clerk,
3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915
until 2:00 o'clock p.m. on 26th day of September, 1995,
at which time such bids shall be opened and read for:
BALBOA ISLAND STREET LIGHT REPLACEMENT PROJECT - PHASE I
Title of Project
C -3063
Contract No.
$ 190,000.00
Engineer's Estimate
F&
I
rk,
\/- I FO RNI
Approved by the City Council
this 28th day of August, 1995
Wanda E. Raggio
City Clerk
Prospective bidders may obtain aset of contract documents at no cost
(for the first set and $25.00 for each additional set)
at the office of the Public Works Department, 3300 Newport Boulevard,
Post Office Box 1768, Newport Beach, California 92658 -8915
For f irther information, call Michael J. Sinacori at 644 -3011.
Project Manager
a t-N Ct�iQ.lC-
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT - UTILITIES
BALBOA ISLAND STREET LIGHT REPLACEMENT
PHASE
CONTRACT NO. C -3063
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard, P.O. Box 1768
Newport Beach, California 92658 -8915
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has
read the Instructions to the Bidders, has examined the Plans and Special Provisions, and
hereby proposes to furnish all materials and shall perform all work required to complete
Contract No. C -3063 in accord with the Plans and Special Provisions, and will take in full
payment therefore the following unit prices for the work, complete in place, to wit:
NOTE: All applicable sales taxes, State and /or Federal, and any other special taxes,
patent rights or royalties shall be included in the prices quoted in this proposal.
SCHEDULE OF WORK ITEMS
ITEM APPROXIMATE UNIT TOTAL
NO. QUANTITY DESCRIPTION PRICE AMOUNT
1. 30 EA. Remove existing street light
standard and install City - furnished
new 10' fiberglass street light standard
complete with contractor furnished
and installed 50 -watt HPS luminaire,
including PEC, fusing, conduit, and
conductors from adjacent pull box to
luminaire for the unit price of:
One Thousand Twenty Dollars
and
No Cents
Per Each
P -la
$ 1.020.00 $ 30,600.00
SCHEDULE OF WORK ITEMS
ITEM APPROXIMATE UNIT TOTAL
NO. QUANTITY DESCRIPTION PRICE AMOUNT
2. 19 EA. Remove existing street light standard and
install new 10' fiberglass street light standard
complete with contractor furnished and
installed 50 -watt HPS luminaire, including
PEC, fusing, conduit, and conductors
from adjacent pull box to luminaire for the
unit price of:
Two Thousand Three Hundred Thirty -Three Dollars
and
No Cents $2,323.00 $ 44,137.00
Per Each
3. 3 EA. Remove existing street light standard
install new 10' fiberglass street light standard
complete with contractor furnished and
installed 70 -watt HPS luminaire, including
PEC, fusing, conduit, and conductors
from adjacent pull box to luminaire for the
unit price of:
Two Thousand Three Hundred Thrity -Three Dollars
and
No Cents $ 2,333.00 $ 6.999.00
Per Each
4. 10 EA. Install new 10' fiberglass street light standard
complete with contractor furnished
and installed 70 -watt HPS luminaire,
including new foundation per City
Standard Plan STD 205 -L, PEC, fusing,
conduit, and conductors from adjacent
pull box to luminaire for the unit price of:
Two Thousand Four Hundred Sixty Dollars
and
No Cents $ 2,460.00 $ 24.600.00
Per Each
P -lb
SCHEDULE OF WORK ITEMS
ITEM APPROXIMATE UNIT TOTAL
NO. QUANTITY DESCRIPTION PRICE AMOUNT
5. 3 EA. Replace existing series incandescent
luminaire with City - fumished 50 -watt
luminaire complete, including contractor
furnished and installed fusing, conduit,
and conductors from adjacent pull box to
luminaire for the unit price of:
Three Hundred Thirty Dollars
and
No Cents $ 330.00 $ 990.00
Per Each
6. 2 EA. Furnish and install service cabinet
including 21/2" PVC conduit
to Edison feed pole and service
connection for the unit price of:
Two Thousand Four Hundred Sixty-Two Dollars
and
No Cents $ 2.462.00 $ 4.924.00
Per Each
T 7,000 L.F. Furnish and install 11/4" PVC
conduit with 248 insulated
conductors and 148 bare
conductor for the unit price of:
Dollars
and
Cents $14.10 $ 98.700.00
Per Linear Foot
8. 1,000 L.F. Fumish and install 11/4" PVC
conduit with 448 insulated
conductors and 148 bare
conductor for the unit price of:
Fourteen Dollars
and
Forty -Two Cents $ 14.42 $ 14.420.00
Per Linear Foot
P -lc
SCHEDULE OF WORK ITEMS
ITEM APPROXIMATE UNIT TOTAL
NO. QUANTITY DESCRIPTION PRICE AMOUNT
9. 2,100 L.F. Furnish and install 11/4 PVC
conduit and pull rope for the
unit price of:
Fourteen Dollars
and
Seventy -Five Cents $ 14.75 $ 30,975.00
Per Linear Foot
10. 500 L.F. Furnish and install 11/4" PVC
conduit with #8 5KV series
conductors and 148 bare
conductor for the unit price of:
Fifteen Dollars
and
Ten Cents $15.10 $ 7,550.00
Per Linear Foot
11. 139 EA. Furnish and install pull box
per City Standard Plan
STD 205 -L for the unit price of:
Ninety -Eight Dollars
and
No Cents $ 98.00 $13.622.00
Per Each
12. 43 EA. Remove existing pull box.
Remove existing conduit and
conductors within existing pull box
area, and restore surface to match
adjacent area for the unit price of:
Two Hundred Dollars
and
No Cents $ 200.00 $ 8.600.00
Per Each
P -ld
SCHEDULE OF WORK ITEMS
ITEM APPROXIMATE UNIT TOTAL
NO, QUANTITY DESCRIPTION PRICE AMOUNT
13. 4 EA. Remove existing street light
standard and foundation, and
restore surface to match adjacent
area for the unit price of:
Four Hundred Seventy -Two Dollars
and
No Cents $ 472.00 $1,888.00
Per Each
14. L.S. Relocate existing signs to
new street light standards
for the lump sum price of:
One Thousand Five Hundred Twenty Dollars
and
No Cents $1,520.00 $1,520.00
Lump Sum
Total Price in Written Words:
Two Hundred Eighty -Nine Thousand
Five Hundred Twenty -Five Dollars
and
No Cents $ 289.525.00
Total Price
Bidder's Name F. 1. lohnson, Inc.
Bidder's Address P. O. Box 8438
Anaheim, California 92812 -0438
Bidder's Telephone Number (714) 632 -1415
Contractor's License No. & Classification 489328 "C -10" 4/30/96
Expiration Date
September 26, 1995 S /DANIEL H. SMITH, TREASURER
Date Authorized Signature & Title
P -le
• INSTRUCTIONS TO BIDDERS•
Page 2
The following documents shall be completed, executed and received by the City
Clerk in accord with the "NOTICE INVITING BIDS ".
L PROPOSAL
2. INSTRUCTIONS TO BIDDERS
3. DESIGNATION OF SUBCONTRACTOR(S)
4. BIDDER'S BOND (sum not less than 10% of total bid price)
5. NON - COLLUSION AFFIDAVIT
6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES
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.
In accord 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 compliance with Section
1777.5 of the California Labor Code for all apprenticeable occupations.
All documents shall bear signatures and titles of persons authorized to sign on
behalf of the bidder. For corporations, the signatures shall be of a corporate officer or
an individual authorized by the corporation. For partnerships, the signatures shall be
of a general partner. For sole ownership, the signature shall be of the owner.
489328 T-10" F. J. JOHNSON, INC.
Contr's Lic. No. & Classification Bidder
September 26, 1995 S /DANIEL H. SMITH. TREASURER
Date Authorized Signature and Title
Page 3
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an
amount in excess of one -half of one percent of the Contractor's total bid. If a
subcontractor is not listed, the Contractor will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accord
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 accord
with State law.
1
2.
3.
4.
5.
7
9.
10.
11.
Subcontractor Address Subcontract Work
F. 1. JOHNSON, INC.
Bidder
S /DANIEL H. SMITH. TREASURER
Authorized Signature and Title
• Page 4
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, F. J.IOHNSON. INC. , as bidder, and MERCHANTS
BONDING COMPANY (MUTUAL) , 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
BALBOA ISLAND STREET LIGHT REPLACEMENT PROJECT - PHASE I C -3063
Title of Project Contract No.
in the City of Newport Beach, is accepted by the City Council of said City, and if the
above bounden bidder shall duly enter into and execute a contract for such
construction and shall execute and deliver to said City the "Payment" and "Faithful
Performance" contract bonds described in the Specifications within ten (10) days (not
including Saturday, Sunday, and Federal holidays) after the date of the mailing of
Notice of Award to the above bounded bidder by and from said City, then this
obligation shall become null and void; otherwise it shall be forfeited to the said City.
In the event that any bidder above named executed this bond as an
individual, it is agreed that the death of any such bidder shall not exonerate the
Surety from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 19TH
day of SEPTEMBER. 1995.
(Attach acknowledgement of F. J. TOHNSON, INC.
Attorney -in -Fact) Bidder
S /NOREEN A. DENISON S /DANIEL H. SMITH. TREASURER
Notary Public, 41043928 Authorized Signature and Title
NOVEMBER 4. 1998 MERCHANTS BONDING COMPANT (MUTUAL)
Commission Expires Surety
By: S /JUDITH K. CUNNINGHAM
Title: ATTORNEY -IN -FACT
Page 5
NON - COLLUSION AFFIDAVIT
The bidder, by its officers and agents or representatives present at the time of filing
this bid, being duly sworn on their oaths, say that neither they nor any of them
have, in any way, directly or indirectly, entered into any arrangement or agreement
with any other bidder, or with any public officer of such CITY OF NEWPORT
BEACH whereby such affiant or affiants or either of them, has paid or is to pay to
such bidder or public officer any sum of money, or has given or is to give to such
other bidder or public officer anything of value whatever; or such affiant or affiants
or either of them has not directly or indirectly, entered into any arrangement or
agreement with any other bidder or bidders, which tends to or does lessen or destroy
free competition in the letting of the contract sought for by the attached bids; that no
bid has been accepted from any subcontractor or materialman through any bid
depository, the bylaws, rules or regulations of which prohibit or prevent the bidder
from considering any bid from any subcontractor or materialman which is not
processed through said bid depository, or which prevent any subcontractor or
materialman from submitting bids to a bidder who does not use the facilities of or
accept bids from or through such bid depository; that no inducement of any form or
character other than that which appears upon the face of the bid will be suggested,
offered, paid or delivered to any person whomsoever to influence the acceptance of
said bid or awarding of the contract; nor has the bidder any agreement or
understanding of any kind whatsoever with any person whomsoever to pay, deliver
to or share with another person in any way or manner, any of the proceeds of the
contracts sought by this bid.
F. T. TOHNSON, INC.
Bidder
S /DANIEL H. SMITH, TREASURER
Authorized Signature and Title
Subscribed and sworn to before me
this 21ST day of SEPTEMBER.
1995.
My Commission Expires:
NOVEMBER 4. 1998 S /NOREEN A. DENISON
Notary Public, #1043928
Page 6
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character to
that proposed herein which he has performed and successfully completed.
Year Completed For Whom Performed (Detail) Person to Contact Telephone No
SEE ATTACHED SHEET
F.1. IOHNSON, INC.
Bidder
S /DANIEL H. SMITH. TREASURER
Authorized Signature and Title
NOTICE
• Page 7
The following contract documents shall be executed and delivered to the
Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays)
after the date of mailing the Notice of Award to the successful bidder:
PAYMENT BOND (pages 8 & 9)
FAITHFUL PERFORMANCE BOND (pages 10 & 11)
CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12,13 &14)
CONTRACT (pages 15 & 16)
WORKERS' COMPENSATION INSURANCE CERTIFICATION (page 17)
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 insurance in the State of California, and (2) listed as an
acceptable surety in the latest revision of the Federal Register Circular 570, and (3)
meeting the Policyholder's Rating and Financial Size Category criteria in the
paragraph below.
Insurance Companies affording coverage and sureties issuing bonds shall be
(1) currently authorized by the Insurance Commissioner to transact business of
insurance in the State of California, and (2) assigned Policyholders' Rating A (or
higher) and Financial Size Category Class VII (or larger) in accord with the latest
edition of Best's Key Rating Guide: Property - Casualty except as modified by the
Special Provisions.
All costs associated with the specifications of these contract documents shall
be absorbed in the bid. Such specifications shall include those contained in (1) each
contract document and (2) the Standard Specifications for Public Works
Construction, except as modified by the Special Provisions.
r y
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, That
Page 8
BOND NO: CA 704694
PREMIUM INCLUDED IN
THE PERFORMANCE BOND
EXECUTED IN FOUR COUNTERPARTS
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted October 9. 1995 has awarded to F. J. JOHNSON, INC. hereinafter
designated as the 'Principal ", a contract for BALBOA ISLAND STREET LIGHT
REPLACEMENT PROJECT - PHASE I CONTRACT NO. C -3063
in the City of Newport Beach, in strict conformity with the Drawings and
Specifications and other contract documents on file in the office of the City Clerk of
the City of Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract
and the terms thereof require the furnishing of a bond with said contract, providing
that if said Principal or any of his or its 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. 1. TOHNSON, INC. as Principal, and Merchants
Bonding Co. (Mutual) as Surety, are held firmly bound unto the City of Newport
Beach, in the sum Two Hundred Eighty -Nine Thousand Five Hundred & Twenty-
Five & No/ 100 Dollars ($289,525.00),
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 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, 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 Section 3250
of the Civil Code of the State of California.
•
f . -]
The bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Section 3181 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 the provisions of Section 3247 et 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 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 Principal
and Surety above named, on the 14TH day of DECEMBER ,1995 .
Name
Signature and Title
Authorized Signature and Title
(Seal)
MERCHANTS BONDING COMPANY (MUTUAL) ,(Seal)
Name of Surety
2425 E. CAMELBACK ROAD, SUITE 800
Address of SuretyJJ PHOENIX, AZ 85016
Si re and Title of Authorized t
JUDITH K. CUNNINGHAM, ATTORNEY -IN -FACT
1551 N. TUSTIN AVENUE, SUITE 1000
Address of Agent SANTA ANA, CA 92705
714/953 -9521
Telephone Number of Agent
l
0 0
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
Page 10
BOND NO: CA 704694
PREMIUM: $2,305.00
EXECUTED IN FOUR COUNTERPART:
WHEREAS, the City Council of the City of Newport Beach, State of California,
by motion adopted October 9.1995 has awarded to F. J. JOHNSON. INC.
hereinafter designated as the 'Principal ", a contract for BALBOA ISLAND STREET
LIGHT REPLACEMENT PROJECT - PHASE I CONTRACT NO. C -3063
in the City of Newport Beach, in strict conformity with the Drawings and
Specifications and other contract documents on file in the office of the City Clerk of
the City of Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract
and the terms thereof require the furnishing of a bond for the faithful performance
of said contract;
NOW, THEREFORE, We, F. I. JOHNSON, INC. as Principal
MERCHANTS BONDING COMPANY (MUTUAL) as Surety, are held
and firmly found unto the City of Newport Beach, in the sum of Two Hundred
Eighty -Nine Thousand Five Hundred & Twenty -Five Dollars ($289.525.00).
said sum being equal to 100% of the estimated amount of the contract, to be paid to
said 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, his or its heirs, executors, administrators, successors or assigns,
shall in all things stand to and abide by, and well and truly keep and perform the
covenants, conditions and agreements in said contract and any alteration thereof
made as therein provided on his or their part, to be kept and performed at the time
and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the City of Newport
Beach, its officers and agents, as therein stipulated, then this obligation shall become
null and void; otherwise it shall remain in full force and virtue.
0 Page 11
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 to 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 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
Principal and Surety above named, on the 14TH day of DECEMBER , 1995
F. I. OHNSON, INC. (Seal)
Nam of ontractor (P ' ci
Auth rized Signature and Title
Authorized Signature and Title
MERCHANTS BONDING COMPANY (MUTUAL) (Seal)
Name of Surety
2425 E. CAMELBACK ROAD, SUITE 800
Address of Surety PHOENIX, AZ 8501
Signathre and Title of Authorized Age
JUDITH K. CUNNINGHAM, ATTORNEY -IN -FACT
1551 N. TUSTIN AVENUE, SUITE 1000
Address of Agent SANTA ANA, CA 92705
714/953 -9521
Telephone Number of Agent
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
ORANGE
On DECEMBER 14, 1995 before me, JANINA BEAUDRY Notary Public
Dale Notary
personally appeared JUDITH K. CUNNINGHAM
Name of Signer(,)
$$personally known to me - OR - C]
24. 19% '
proved to me on the basis of satisfactory evidence to be the person(s) whose
the person(s) whose name(s) Were subscribed to the within instrument and
acknowledged to me that •helshdthW executed the same in tllWherAheir-
authorittd capacity(ies), and that by-hitfherhheir signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) acted, executed the
instrument
WITNESS my hand and official seal.
Sig rc of Notary
Thom the daut below u not required bylaw. it may prove valuable tope mtvu%m the dwimvau aid could p,evau Gaudidnu reaeadm of thi, ram
CAPACITY CLAIMED BY SIGNER
❑ NDIVIDUAL(S)
❑ CORPORATE OFFICER(S)
TrrLES(S)
❑ PARTNER(S) ❑ Limn -FD
❑ GENERAL
f{ATTORNEY -IN-FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVAi'OR
❑ OTHER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
,M a a— 1.. adt
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTI TY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
• 3361 31* GR IFFI TII- SINCOCK
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know All Men By These Presents. that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws
of the State of Iowa, and having its principal office in the City of Des Moines. County of Polk, State of Iowa, hath made, constituted and
appointed. and does by these presents make, constitute and appoint
> ».IOHN M. GARRETT"JUDITH K. 01111INGHAH *•KELLY HCNEIL<<<
»>«<
»>«<
of SANTA ANA and State of CA its true and lawful Attorney -in -Fact. with lull power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety:
>>>TWO HUNDRED FIFTY THOUSAND DOLLARS($250,000.00)<<<
and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duty authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to
the authority herein given, are hereby ratified and confirmed.
This Power -of- Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of
the MERCHANTS BONDING COMPANY (Mutual).
ARTICLE 2. SECTION S. — The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorney -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal or the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and otherwritings obligatory in the nature thereof.
ARTICLE 2, SECTION 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any
Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and
President, and its corporate seal to be hereto affixed, this 15th day of October A.D., 19 92
Attest: MERCHANTS BONDING COMPANY (Mutual)
`;��riG fq�i ^•
By
STATE OF IOWA •••�.�: ;yd'.'
COUNTY OF POLK
On this 15th day of October .19 92 before me appeared M1 Long and
Rodney Bliss 111, to me personally known, who being by me duly swam did say that they are Vice President and President respectively
of the MERCHANTS BONDING COMPANY (Mutual the corporation described in the foregoing instrument. and that the Seat affixed
to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said
Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first
above written.
G. OR (J+"0.
•. 7
3 IOWA m
• y' v
T •
••'. 4H1At -5
I. M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutuaq, do herst
foregoing Is a true and correct copy of the POWER OF ATTORNEY, executed by said
COMPANY (Mutual), which is still in force and effect.
STATE OF IOWA
COUNTY OF POLK as.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at SANTA
this 14TH day of DECEMBER 79 95
This power of attorney expires December 31, 1995.
na.1 haft. I k COMM% 1p 4
Mr Co•.•.,tle• E,pn,
11 -4.95
:/j!' f ]c, �__
J
CERTIFICATE OF INSURANC
l2/27j95
PRODUCER
COMPANIES AFFORDING COVERAGE
CALICO INS. BROKERS S
AGENTS, INC.
COMPANY
LETTER A AMERICAN AUTOMOBILE INS. CO.
P.O. Box 5995
Orange, CA 92613 -5995
COMPANY
8
LETTER THE AMERICAN INS. CO.
INSURED
COMPANY C
F.J. JOHNSON, INC.
LETTER CA CASUALTY COMPENSATION INS. CO.
COMPANY
1195 N. Van Horne Way
Anaheim, CA 92806
LETTER
COMPANY
E
LETTER
COVERAGES.
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 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.
CTR
TYPE OF INSURANCE
POLICY
EFFECTIVE
EXPIRATION
DATE
ALL LIMITS IN THOUSANDS
NUMBER
DATE
GENERAL LIABILITY
A
(OCCURENCE BASIS ONLY)
MAG80633503
11/24/95
11/24/96
GENERAL AGGREGATE
$2,000
COMMERCIAL
COMPREHENSIVE
PRODUCTS /COMPLETED
$2,000
OPERATIONS AGGREGATE
OWNERS 8 CONTRACTORS
PROTECTIVE
X CONTRACTUAL FOR SPECIFIC
PERSONAL INJURY
$1,000
CONTRACT
X PRODUCTS /COMPLETED OPERATION
EACH OCCURENCE
$1,000
X XCU HAZARDS
BROAD FORM PROPERTY DAMAGE
SEVERABILITY OF INTEREST CLAUSE
FIRE DAMAGE
S 50
(ANYONE FIRE)
P. L WITH EMPLOYEE EXCLUSION
MEDICAL EXPENSES
S 5
REMOVED
MARINE
(ANY ONE PERSON)
AUTOMOBILE LIABILITY
COMBINED
$ 1,000
{ ��
SINGLE LIMIT
r
*
ANY AUTO
MZA110155472
11/24/95
11/24/96
BODILY INJURY
$
ALL OWNED AU70S
(PER PERSON)
SCHEDULED AUTOS
a9.
BODILY INJURY
$
X HIRED AUTOS
(PER ACCIDENT)
NON-OWNED AUTOS
PROPERTY`._.
GARAGE LIABILITY
DAMAGE
$
EXCESS LIABILITY
4" rya
OCCURENCE
AGGREGATE'
UMBRELLA FORM
uL.yuY l
�R�
S
S
OTHER THAN UMBRELLA FORM
k°°A�
na.
, r
STATUTORY X
C
WORKERS' COMPENSATION
WC680121380
10/01/95
10/01/96
&
S 1,000
EACH ACCIDENT
S 1,000
DISEASE-POLICY LIMIT
EMPLOYERS'LIABILITY
S 1,000
DISEASE-EACH EMPLOYEE
OTHER
DESCPI
RETN^ :ALLOPEPATCWPERF(MEDFORTHECIttOF
NEWPORTBEACH BYORCNBEH ALFOFTHENAMEDINSUREDINCONNECiIONWTIH ,RM,u UMIiEDTOTHEF;aLMNGCAMRACT:
BALBOA ISLAND STREET
LIGHT REPLACEMENT PROJECT - PHASE I, CONTRACT ON. C -3063
PROJECT TITLE AND CONTRACT NUMBER
CERTIFICATE HOLDER
CANCELLATION
CITY OF NEWPORT BEACH
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED. CANCELLED OR
P.O. BOX 1763
COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING
COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF
3300 NEWPORT BOULEVARD
NEWPORT BEACH BY FIRST C SS MAIL.
/
NEWPORT BEACH, CALIFORNIA 92659 -3915 1 ,(/[w', /
ATTENTION: Michael J. Sinacon
/z`�,7/ 3
AUTHORIZED REPRESENTATIVE ISSUE DATE
CITY OF NEWPORT BEACH
11
AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
Page 13
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 insured(s) 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 $ 1.000.000 per person
Bodily Injury Liability $ 1,000,000 per accident
Property Damage Liability $ 11000.000
[ X] Combined Single Limit
Bodily Injury Liability $ 1.000.000
and
Property Damage Liability
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.
4. Should the policy be non - renewed, cancelled 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.
5. Designated Contract: BALBOA ISLAND STREET LIGHT REPLACEMENT -PHASE I C -3063
Project Title Contract No.
This endorsement is effective NOVEMBER 24, 1995 at 12:01 A.M. and forms part of
Policv No. MZA80155472 of THE AMERICAN INS. CO.
(Company Affording Coverage)
Insured F.J. JOHNSON, INC. Endorsement 'No.
',
Issuing Company CALCO INS. BROKERS S AGENTS By
(Authorized Representative)
.,
:1 0 •
CITY OF NEWPORT BEACH
GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
Page 14
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 insured(s) shall apply as primary insurance and to
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 the liability of the company affording coverage."
3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions
and 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 I of this
endorsement shall be the limits indicated below written on an "Occurrence" basis:
[X] Commercial[ ] Comprehensive
General Liability $ 1,000,000 each occurrence
$ 1,000.000 each occurrence
The applicable limit of the 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).
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, cancelled 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: BALBOA ISLAND STREET LIGHT REPLACEMENT -PHASE I C -3063
Project Title Contract No.
This endorsement is effective NOVEMBER 24, 1995 at 12:01 A.M. and forms part of
Policy No. MZG80633503
of AMERICAN AUTOMOBILE INS. CO.
(Company Affording Coverage)
Insured F.J. JOHNSON, INC. Endorsement
Issuing Company CALCO INS. BROKERS 5 AGENTS By /w . _664-6 cy__ ,
(Authorized Representative)
Page 15
CONTRACT
THIS AGREEMENT, entered into this 9th day of October, 1995, by and
between the CITY OF NEWPORT BEACH, hereinafter "City," and F. J. JOHNSON,
INC., hereinafter "Contractor," is made with reference to the following facts:
(a) City has heretofore advertised for bids for the following described public
work:
BALBOA ISLAND STREET LIGHT REPLACEMENT PROJECT - PHASE I C -3063
Title of Project Contract No.
(b) Contractor has been determined by City to be the lowest responsible bidder
on said public work, and 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 following described public work:
BALBOA ISLAND STREET LIGHT REPLACEMENT PROJECT - PHASE I C -3063
Title 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. As full compensation for the performance and completion of this work
as prescribed above, City shall pay to Contractor the sum Two Hundred Eighty -Nine
Thousand Five Hundred & Twenty -Five & No /100 Dollars ($ 289.525.00)
This compensation includes (1) any loss or damage arising from the nature of the
work; (2) any loss or damage arising from any unforeseen difficulties or obstructions
in the performance of the work; (3) any expense incurred as a result of any
suspension or discontinuance of the work; but excludes any loss resulting from
earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and
which loss or expense occurs prior to acceptance of the work by City.
3. All of the respective rights and obligations of City and Contractor are
set forth in the contract documents. The contract documents are incorporated
herein by reference as though set out in full and include the following:
(a) Notice Inviting Bids
(b) Instruction to Bidders and documents referenced therein
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and Endorsements(s)
(f) Workers' Compensation Insurance Certification
U
E
(f) Plans and Special Provisions for BALBOA ISLAND STREET LIGHT
REPLACEMENT PROJECT - PHASE I C -3063
Title of Project Contract No.
(g) This Contract.
4. Contractor shall assume the defense of, and indemnify and hold
harmless, City and its officers, employees and representatives from all
claims, loss or damage, except such loss or damage proximately caused
by the sole 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 above written.
CITY OF NEWPORT BEACH
a municipal corporation
John Hedges, Mayor
ATTEST:
Ro Clauson, Assistant City Attorney
Page 16
F. 1. JOHNSON, INC.
Name of Contractor (Principal)
iL
Authorized Signature and Title TR 4
Authorized Signature and Title
Page 17
WORKERS' COMPENSATION INSURANCE CERTIFICATION
"I am aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for workers' compensation or to
undertake 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."
Date
F. 1. JOHNSON, INC.
Name of Contractor (Principal)
Authorized Signature and Title -y';� tc .,, Ll
BALBOA ISLAND STREET LIGHT REPLACEMENT PROJECT -PHASE I C -3063
Title of Project Contract No.
153 -05 -73 11 =52 - _ 6"2t11 569 F.J_ ,JOHNSON INC.
BIDDER'S, BOND
KNOW AI,L MEN BY THESE PRESENTS,
That we, F. J. JOHNSON, INC.
and MERCHANTS BONDING,. C9MI
002 PC5
Page 4
_. as bidder,
as Surety,
are held and firmly bound unto the City of Newport Beach, California, in the stun of
TEN PERCENT OF THE TOTAL AMOUNT BID IN Dollars ($ 10%
lawful money of the United States for the payTnent of which sum well and truly to
be made, we bind our-selves, jointly cmd severally, firmly by these presents.
TIIE CONDITICIN OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden bidder for the construction of
BAIBOA ISLAND STREET LIG%lT_REI'LACEMENT. PROJECT - PIIASE I C -3063
Title of Project Contract No.
in the City of Newport }leach, ie accepted by the City Council of said City, and if the
above bounden bidder shall duly enter into and execute a contract for such
construction and shall execute and deliver to said City the "Payment" and "Faithful
Performance" contract bonds described in the Specifications within ten (10) days (not
including Saturday, Sunday, and Federal holidays) after the date of the mailing of
Notice of Award to the above bounded bidder by and from said City, then this
obligation shall become null and void; otherwise it shall be forfeited to the said City.
In the event that any bidder above named executed this bond as an
individual, it is agreed tha.t the death of any such bidder shall not exonerate the
Surety from its obligations under this bond.
IN WITNESS WHFREOF, we hereunto Set our hands and seats this_ 19TH
day of SEPTEMBER I945,
(Attach acknowledgement of F. J. HNSON, INC.
Attorney in -fart) Bidder
Notary Public Audio `ed. 4�19,4at..
d Title
Co,nrni ton Expo
state of California t �
County of Orange
SUBSCRIB €D AND SWOFlN TO BEFORF.ME
THIS DAY OF'���_19
NOTARY PUBLIC
MERCHANTS BONDING COMPANY (MUTUAL)
Surety
By.
JUDITH K. CUNNINGHAM,
Fitle: _ ATTORNEY -IN -FACT
NOREEN A. DENISON
COMM. #1043928 a
G
NO
.m NOTARY P=-CAUFORNA 9
¢ ORAECOUNTY
V. ; om Exp.Nov. 4, 1998 1
0
0
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
ORANGE
On SEPTEMBER 19, 1995 before me, JANINA BEAUDRY Notary Public
Date Notary
personally appeared JUDITH K. CUNNINGHAM
Name of Sig wqs)
$$personally known to me - OR - ❑
! JAN'. L r,
COMM 1
NOTARY MM .J . I A
i v ORANGIF. i ,01110, t ti
��. Li'i C 3" 815SIC:1 8:p{: : =':
proved to me on the basis of satisfactory evidence to be the person(s) whose
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her /their
authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
"
Signs re of Notary
Though the data below is not required bylaw. it may pout valuable to pm relying on the doaaant and wind povmt raudulera reattacta=t or this ram.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL(S)
❑ CORPORATE OFFICER(S)
TITLES(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
kkAT- roRNEY -m -FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
TITLE OR TYPE OF DOCUMENT
U01311-1:1XI)i
DATEOFDOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
•
•
BY THE
October 9, 1995
CITY COUNCIL AGENDA
ITEM NO. 5
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: AWARD OF CONTRACT, BALBOA ISLAND STREET LIGHT
REPLACEMENT PROJECT PHASE I, CONTRACT NO. 3063
RECOMMENDATIONS:
1. Find based on evidence submitted, that the "apparent low bidder ",
TDS Engineering, committed an error in preparing their bid
proposal, and approve the written request of the "apparent low
bidder ", TDS Engineering, to rescind their bid because of the error.
2. Find that F. J. Johnson submitted the 'lowest responsible bid" and
that they can meet the requirements for completing the proposed
contract work and declare them the 'low bidder ".
3. Award Contract No. C -3063 to F. J. Johnson in the amount of
$289,525.00, and authorize the Mayor and the City Clerk to
execute the contract on behalf of the City.
DISCUSSION:
On August 28, 1995, the City Council approved the plans and specifications and bid
advertising for Phase I of the Balboa Island Street Light Replacement Project, Contract
No. 3063. At 2:00 p.m. on September 26, 1995, the City Clerk opened and read bids for
the subject project. Five bids were received; a summary of the results are listed below,
and an itemized bid summary is attached as Exhibit "A ":
Rank
Contractor /Bidder
Total Bid Price
• 1
2
TDS Engineering
F.J. Johnson
$248,725.00*
$289,525.00 **
3
Hood Corporation
$302,080.00
4
Paul Gardner Corp.
$317,775.00
5
MBE Electric
$385,507.00
*Bidding Error
* *Lowest Responsible Bid
C�
0
SUBJECT: AWARD OF CONTRACT, BALBOA ISLAND STREET LIGHT REPLACEMENT PROJECT
PHASE I, CONTRACT NO. 3063
October 9, 1995
Page 2
The contracting company who submitted the apparent low bid, TDS Engineering of
Westlake, has submitted evidence to the City which shows they erred in preparing their
bid proposal. A review of their bid calculation sheets revealed an error that, had it not
been made, would have resulted in a bid price of over $300,000.00. In keeping with the
provisions of the Public Contract Code related to errors in bid preparation, the contractor
made a written request to rescind the bid submitted.
Staff believes granting this request is both prudent and appropriate, given the
circumstances. Under the law, the City would not be able to hold the contractor to a bid
price proposal that was prepared in error. As such, the contractor who submitted the
second lowest bid should be declared the "lowest responsible bidder ".
The bid prices exceed the Engineer's Estimate of $190,000. The Engineer's Estimate
was based on past work completed on the peninsula. The Balboa Island work in this
contract is in a more confined and congested area. A review of the bids indicates that
after the TDS bid is discarded, the next three bids are quite consistent and only vary by
10 %. The main differences between the Engineer's Estimate and prices bid are in
conduit installation and contractor furnished light poles. A review of the bid summary •
and discussions with the contractors indicate that the prices bid are reasonable and
rebidding the project will not result in any savings to the City. Therefore, it is
recommended that the contract be awarded to F.J. Johnson.
The lowest responsible bidder, F.J. Johnson of Anaheim, is a qualified General
Contractor licensed to do business in California. This company has successfully
completed street lighting projects for the City and other public agencies and
municipalities. The firm has an excellent reputation in the street lighting field and has a
significant amount of experience with projects of this type. In addition to the City of
Newport Beach, the firm has done work for the County of Orange, Cities of Orange,
Laguna Niguel, Laguna Hills, Costa Mesa, Fullerton, and Placentia. The firm also
frequently acts as a sub - contractor on major road projects. They recently worked on the
Balboa Boulevard Project and New Ford Road installing street lights for the City of
Newport Beach. F.J. Johnson performed the series conversion at Peninsula Point in
1994 and is currently working on the F- circuit series conversion near the Newport Pier.
F. J. Johnson's insurance policies and bidder's bonds meet the City's requirements. •
Staff believes this contractor will satisfactorily complete the proposed work. The
contractor has a proven ability to work well with City inspection forces and has always
provided excellent services with minimal requests for additional compensation.
0
•
SUBJECT: AWARD OF CONTRACT, BALBOA ISLAND STREET LIGHT REPLACEMENT PROJECT
PHASE I, CONTRACT NO. 3063
October 9, 1995
Page 3
• PROJECT DESCRIPTION:
The street lights on Balboa Island are slated for replacement under the City's fifteen year
program to convert obsolete 5000 volt series street light circuits and replace aging
facilities. The total Balboa Island Street Light Replacement Project calls for the
replacement of 160 incandescent lights and more than 30,000 feet of obsolete electrical
conduit and wiring. Due to funding limitations, the project will be completed in three
phases. Phase I involves replacement of approximately 60 lights in the central part of
the island between Marine Avenue and Diamond Avenue. See attached Exhibit "B" for
project limits.
PROJECT FUNDING AND SCHEDULE:
This project provides for both the conversion of an incandescent lamp system to a more
energy efficient high pressure sodium lamp system and the upgrading of a portion of
one of the oldest lighting systems in the City. All of the remaining street light
conversion and replacement funds for this year will be committed to this project
• ($227,000). The remainder of the funding will come from the sidewalk replacement
program and cover the costs of the sidewalk repair related to the conduit and pull box
installation.
The project will be funded from the following accounts:
7014-
C5300025
Street Light Conversion Program
$ 50,000.00
7014-
C5300035
Street Light Replacement Program
177,000.00
7013-
C5100020
Sidewalk, Curb, Gutter Replacement Program
62.525.00
TOTAL PROJECT COSTS
$289,525.00
The Contract specifications require the contractor to complete the street
light replacement work within 90 calendar days, allowing shut down time for the various
holidays during the construction period. Work on Marine Avenue will not be done until
after the holiday shopping season. Staff anticipates completion of the project by early
February, 1996.
Respectfully submitted,
WORKS DEPARTMENT
Don WebbZirr r
By:
Ichael J. Sinacori, P.E.
(Acting) Utilities Manager
Attachments: Exhibit "A ": Itemized Bid Summary
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TO: Mayor & Members of the City Council
FROM: Public Works Department
August 28, 1995
CITY COUNCIL AGENDA
ITEM NO. 14
SUBJECT: CONTRACT FOR CONSTRUCTION, PHASE 1
BALBOA ISLAND STREET LIGHT REPLACEMENT PROJECT
CONTRACT NO. 3063
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Authorize the City Clerk to advertise for bids for
construction of the project.
a. Bids to be opened at 2 o'clock in the afternoon
(2:00 p.m.) on Tuesday, September 26, 1995, at
the office of the City Clerk.
DISCUSSION:
The street lights on Balboa Island are slated for replacement
under the City's fifteen -year street light replacement program. The program
goal is to convert the obsolete 5000 volt series street light circuits
throughout the City, thereby saving energy, and to replace aging facilities
and reduce maintenance costs. The established program will replace the
most aged and maintenance intensive areas on a priority basis.
Street lights will be replaced with conventional 240 volt high
pressure sodium street lights. These will provide a more maintenance free
and cost effective street light system.
The total Balboa Island Street Light Replacement Project calls
for the replacement of 160 incandescent lights and more than 30,000 feet of
obsolete electrical conduit and wiring. Because of the current funding
limitation, the project was separated into three phases. This phase of the
project will replace approximately 60 lights in the central part of the island,
see attached Exhibit "A'.
Staff has met with the Balboa Island Merchant and
Homeowners association regarding the project. Inclusion of decorative
flower pot holders or installation of a sound system along Marine Avenue
was once a consideration for the project, to be paid for by the merchants
and homeowners. However, after a year of discussions, the Associations
suggested proceeding with the project without the inclusion of these items.
If these items are to be installed on the City street lights under a future
subsequent contract, an encroachment agreement executed by Council and
the Associations will be required to designate costs and liabilities.
0 0 Page 2
Balboa Island Street Light Replacement Project, Phase 1
Authorization to Advertise Bids
August 28, 1995
The Engineers' Estimate for the phase 1 project is $190,000. •
Funds for the work are included in the 1995 -96 General Fund Budget in
Capital Projects Account No. 7014- C5300035.
The Contract specifications require the contractor to complete
the street light replacement work within 90 calendar days, allowing shut
down time for the various holidays in the construction period. Staff
anticipates completion of the Marine Avenue replacement work prior to
December 1st, 1995, prior to the Christmas holiday season.
Engineers' Cost Estimate
Item Amount
Remove existing street light and install City furnished
10' fiberglass street light standard
$ 22.500
Remove existing street light and install new
10' fiberglass street light standard
29,500
Install new street lights including bases
30,000 •
Install two new service cabinets
5,000
Furnish and install conduit and wire
85,400
Furnish and install pull boxes
12.600
Appurtenances and miscellaneous work
5,000
Total Estimated Cost $190,000
If acceptable bids are received, construction can commence in
late October. If the Council awards the contract after bids are received, the
resulting completion date for the street light replacement work will be early
February, 1996.
Staff recommends approval.
Respectfully submitted, •
Gp
PUBLIC WORKS DEPARTMENT
Don Webb, Director
M]S:stli
Attachments: Exhibit "A ": Project Location Map
By:
M chael J. Sinacori, P. E.
(Acting) Utilities Manager
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Authorized to Publish Advertisements of all kinds public notices by
Dcciec of the Superior Court of Orange County, California. Number A -6214,
September 29, 1961, and A -24831 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am over
the age of .eighteen years, and not a party to
or interested in the below entitled matter. I
am a principal clerk of the NEWPORT
BEACH -COSTA MESA DAILY PILOT, a
newspaper of general circulation, printed and
published in the City.of Costa Mesa, County
of Orange, State of California, and that
attached Notice is a true and complete copy
as was printed and published on the
following dates:
PUBLIC NOTICE It
September 7, 18, 1995
NOTICE I
INVITING BIDS
Sealed bids may be re-
ceived at the office of the
City Clerk, 3300 Newport
Boulevard, Post Office Box
1768, Newport Beach, Cali-
fornia, 92658.8915 un81 2:00
o'clock p.m. on 26th day of
September, 1995, at which
time such bids shall be
opened and read for:
BALBOA ISLAND STREET
LIGHT REPLACEMENT
PROJECT - PHASEI
Contract No. C-3063
Engineer's Estimate,
$190,000.00
Approved by the City
Council on this 28th day of
August, 1995
Wanda E. Nagglo, City
I declare, under penalty of perjury, that the
Clerk
Prospective bidders may
foregoing is true and correct,
obtain sat of contract
O p
documents ts at no cost (for
the first set and $25.00 for
each additional set) at thel
office of the Public Works;
Executed on September 18 199 5
Department, 3300 Newport,
Boulevard, Post Office Box;
at Costa Mesa California.
Mesa,
1768, Newport Beach, Cali -1
i
lornia 92658.8915
For further information.,
call Michael J. Sinacod.!
Project Manager, at 644-
3011.
Published Newport
Beach -Costa Mesa Dairy
Pilot September 7,18,1995
Signature
Th008
MBE Electric
9920 Arlington Ave.
Riverside, CA 92503
Gentlemen:
E
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(714) 644 -3005
February 29, 1996
Thank you for your courtesy in recently submitting a bid for the Balboa Island Street
Light Replacement Phase I project in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0
Fi
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
Paul Gardner Corporation
P.O. Box 3730
Ontario, CA 91761
Gentlemen:
(714) 644 -3005
February 28, 1996
Thank you for your courtesy in recently submitting a bid for the Balboa Island Street
Light Replacement Phase I project in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
Hood Corporation
P.O. Box 4368
Whittier, CA 90607
Gentlemen:
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(714) 644 -3005
February 28, 1996
Thank you for your courtesy in recently submitting a bid for the Balboa Island Street
Light Replacement Phase I project in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
r", lV az- -J�9
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
TDS Engineering
2899 Agoura Rd., Suite 171
Westlake Village, CA 91361
Gentlemen:
(714) 644 -3005
February 28, 1996
Thank you for your courtesy in recently submitting a bid for the Balboa Island Street
Light Replacement Phase I project in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach