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C-3205 - Balboa Island - Phase III and Balboa Peninsula Street Light Replacement
May 11, 1999 ..r 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 F. J. Johnson, Inc. P. O. Box 6341 Anaheim, CA 92816 Subject: Balboa Island - Phase 3 and Balboa Peninsula Street Light Replacement, C -3205 To Whom It May Concern: On March 22, 1999, 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 had been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on April 13, 1999, Reference No. 19990269296. The Surety for the contract is Merchants Bonding Company (Mutual), and the bond number is CA707410. Enclosed are the bidders bond, the labor & materials payment bond and the faithful performance bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Horst Hlawaty, Construction Engineer encl. 3300 Newport Boulevard, Newport Beach Page 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND — PHASE 3 AND BALBOA PENINSULA STREET LIGHT REPLACEMENT CONTRACT NO. 3205 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten percent of the total amount dollars ($ 10% of bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Balboa Island — Phase 3 and Balboa Peninsula Street Light Replacement, Contract No. 3205 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 27th day of F. J. JOHNSON, INC. Name of Contractor (Principal) MERCHANTS BONDING COMPANY (MUTUAL) Name of Surety 2425 E. Camelback Road, Suite 800 Phoenix, AZ 85016 Address of Surety (800) 848 -2663 Telephone Signaturerritle Authorized Agent Signature 19 98 bid in R Patricia Henson Brebner, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) :ALIFOHNIA ALL- VUKt -Ubt AIM JUVVLtuumtIM I M No. 5901 State of California County of Orange On May 27, 1998 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC' personally appeared Patricia Henson srebner NAME(S) OF SIGNER(S) ® personally known to me - OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their 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. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) Mx El TITLES) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT NER(S) OTHER THAN NAMED ABOVE WC4007 /EP 7/94 © 1993 NATIONAL NOTARY ASSOCIATION • 8238 Remm6t Ave.. P.O. Box 7184 • Canoga Park. CA 91309 -7184 MWhants Bonding Compf ty (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 * *MICHAEL DOMINIC PARIZINO* *JAMES W. MOILANEN* *SHEILA KATE MCDONALD ** * *JERI L. SUMNER * *PATRICIA HENSON BREBNER * *JANINA RENEE BEAUDRY ** of SANTA ANA and State of CA its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name. place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: ** *ONE MILLION DOLLARS ($1,000,000.00) * ** 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 duly authorized officers of the MERCHANT'S BONDING COMPANY (MUTUAL), and all such acts of said Attorney -in -Fact. pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3. 1992. ARTICLE 11, SECTION B. —The Chairman of the Board or President or any Vice President or Secretary shall have power and author. ity to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof. ARTICLE II, 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 President and its corporate seal to be hereto affixed, this 14th day of November .19 9 / . •o�p�MP0 OMD >'• -d- 1933 : c; STATE OF IOWA COUNTY OF POLK ss MERCHANTS BONDING COMPANY (MUTUAL) By /11(177 On this 14th day of November . 19 97 , before me appeared tarry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument. and that the Seal affixed to the said instrument is the Corporate Seal of the mid 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. STATE OF IOWA COUNTY OF POLK ss ••AIL. MCC•. • J C 2 t IOWA ; •. Off, •'•..... ••SAP .• SRI AI 0 '�4 e///eae- -1 Notary Public, Polk County, Iowa My Commission Expires 2 -19 -98 I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY, executed by Said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on this 27th dayof May 19. 98 ....... v <. .1--. _ -o- 0 3: MSC W14 ' �' 1933 : Q; #9669 0 Executed in 3 counterparts PAGE 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND — PHASE 3 AND BALBOA PENINSULA STREET LIGHT REPLACEMENT CONTRACT NO. 3205 BOND NO. CA707410 Premium included in charge for performance bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to F.J. Johnson, Inc., hereinafter designated as the "Principal," a contract for construction of Balboa Island — Phase 3 and Balboa Peninsula Street Light Replacement, Contract No. 3205 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department 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. 3205 and the terms thereof require the furnishing of a bond, providing that if Prin'4pal 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, of for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and,** duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of two hundred ninety -nine thousand four hundred fifty -three and no /100 Dollars ($299,453.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City-of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. * *Merchants Bonding Company (Mutual) THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable 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. 0 PAGE 16 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 and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder 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 6th day of Jul , 19 98. F. J. JOHNSON, INC. Name of Contractor (Principal) *ERCHANTS BONDING COMPANY (MUTUAL) Name of Surety 2425 E. Camelback Rd. #800 Phoenix, AZ 85016 Address of Surety (602) 955 -2623 Telephone Authorized Signature/Title Authorized Agent Signature Patricia Henson Brebner Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL - PURPOSE State of Califoznia County of Ozange IOWLEDGMENT No. 5907 On July 6, 1998 before me, Sheila K. McDonald, Notazy Public DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC" personally appeared Patzicia Henson Bzebnez NAMES) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon _ _ _ _ - - behalf of which the person(s) acted, executed the instrument. SHEILA K. MC DONALD CALIF02MA JOuNTY 94Y `dA:'CH 15, 2000 WITNESS my hand and official seal. �_hyi�rt �� err' SIGN TURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ x TITLE(S) ❑ LIMITED ❑ GENERAL ATTORN EY -1 N- FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE WC-4067/EP 7/94 0 1993 NATIONAL NOTARY ASSOCIATION • 8230 Remmet Ave.. P.O. Box 7184 • Canoga Park CA 913097184 #9669 Me* -ants Bonding Comp0 . (ML -rUAL POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL). a corporation duty organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines. County of Polk, Slate of Iowa. halh made, constituted and appointed, and does by these presents make. constitute and appoint * *MICHAEL DOMINIC PARIZINO* *JAMES W. MOILANEN* *SHEILA KATE MCDONALD ** * *JERI L. SUMNER * *PATRICIA HENSON BREBNER * *JANINA RENEE BEAUDRY ** of SANTA ANA and State of CA its true and lawful Anomey -in -Fact, with full power and authority hereby conferred in its name. place and stead. to sign. execute. acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other wntten obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: ** *ONE MILLION DOLLARS ($1,000,000.00) * ** and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as it such bond or undertaking was signed by the duty authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts of Said Anomey -in -Fact. pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE 11, SECTION 8. —The Chairman of the Board or President or any Vice Presitlent or Secretary shall have power and author- ity to appoint Anomeys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9. — The signature of any authorized officer and the Seat 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 President and its corporate seal to be hereto affixed, this 14th day of November , 19 97 ?n'`P�7 POry '• •s: 1933 e: STATE OF IOWA COUNTY OF POLK ss MERCHANTS BONDING COMPANY (MUTUAL) BY Ar'.. On this 14th day of November .19 97 . before me appeared Larry Taylor. to me personally known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument and that the Seal affixed 10 the said instrument is the Corporate Seal of the mid 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 clay and year first above written. STATE OF IOWA COUNTY OF POLK ss. �K. Mcc�•• • 'F '. • J . Q Z IOWA 0 F,p gRIALS 04 eAc6k� Notary Public. Polk County, Iowa My Commission Expires 2 -19 -98 I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a We and correct copy of the POWER -OF- ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL). which is still in force and effect. In Wit°oss Whereof, I have hereunto set my hand and affixed the Seal of the Company on this 00th dayof July 19,98 h� rxsc ue,. �yJ 1933 C: c.. i • Executed in 3 counterparts PAGE 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND — PHASE 3 AND BALBOA PENINSULA STREET LIGHT REPLACEMENT CONTRACT NO. 3205 BOND NO. CA707410 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,376-00 being at the rate of $ 9.40 / $7.20 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach. State of California, by motion adopted, awarded to F.J. Johnson, Inc., hereinafter designated as the "Principal ", a contract for construction of MASTER TITLE, Contract No. 3205 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incoroorated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3205 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Merchants Bonding Company (Mutual) , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of two hundred ninety -nine thousand four hundred fifty -three and no /100 Dollars ($299,453.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. n U E PAGE 18 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond. and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for 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 6th day of Jul 1998 t F. J. JOHNSON, INC. Name of Contractor (Principal) Authorized Signature/Title MERCHANTS BONDING COMPANY (MUTUAL) �X -) k:t=� Name of Surety Authorized Agent Signature 2425 E. Camelback Rd. $800 Phoenix, AZ 85016 Address of Surety (602) 955 -2623 Telephone Patricia Henson Brebner Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL - PURPOSE State of California County of Oxange JOWLEDGMENT - On July 6, 1998 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC" personally appeared Patricia Henson Drebnex NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ Sd.CI...` c .,wiliY N ,NY JS;1 >.ISSI;:;I ri,l =� MARCH 15, 2000 I` No. $907 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their 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. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑x ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE WC-4087 /EP 7/94 © 1993 NATIONAL NOTARY ASSOCIATION • 8238 Remmet Ave.. P.O. Box 71114 • Canoga Park CA 91309 -7184 • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 / 40 Recorded in the County of Orange, California Gary L. Granville, Clerk /Recorder 1111111111111111111 Jill No Fee 19990269296 Nip 003/99 005 15015590 15 13 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 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 of Anaheim. California, as Contractor, entered into a Contract on June 22, 1998. Said Contract set forth certain improvements, as follows: Balboa Island - Phase 3 and Balboa Peninsula Street Light Replacement C -3205 Work on said Contract was completed on January 29. 1999, and was found to be acceptable on March 22. 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Merchants Bonding Company. An Pil §ic Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on g, 1L f 7 �� % at Newport Beach, California. BY City Clerk � J 4 iJJ i!f r Y �U An Pil §ic Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on g, 1L f 7 �� % at Newport Beach, California. BY City Clerk March 22, 1999 CITY COUNCIL AGENDA APPROVED ITEM NO. S TO: Mayor And Members Of The City Council FROM: Public Works Department SUBJECT: BALBOA ISLAND — PHASE 3 AND BALBOA PENINSULA STREET LIGHT REPLACEMENT, C -3205 — ACCEPTANCE AND COMPLETION 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: On June 22, 1998, the City Council authorized the award of the Balboa Island — Phase 3 and Balboa Peninsula Street Light Replacement contract to F.J. Johnson of Anaheim, California. The contract provided for the replacement of the existing series street lighting systems with multiple lighting systems, and installing new street light standards on Balboa Island and the Balboa Peninsula. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $299,453.00 Actual amount of bid items constructed: 302,054.14 Total amount of change orders: 21,792.27 Final contract cost: $323,846.41 A total of four (4) change orders were issued to complete the project. They were as follows: 1. A change order in the amount of $18,671.00 provided for the installation of a new multiple lighting system on Main Street between Balboa Boulevard and the Pier. 2. A non - compensatory change order was issued to extend the contract by 25 working days due to unavailability of street lights. 3. A change order in the amount of $2,130.83 provided for miscellaneous work to street light footings, sidewalk replacement and other minor work on Balboa Island. SUBJECT: BALBOA ISLAND — A 3 AND BALBOA PENINSULA STREET LIGHT REVACEMENT —ACCEPTANCE AND COMPLETION, C -3205 March 22, 1999 Page 2 4. A change order in the amount $990.44 provided for the removal of several unknown footings to place street lighting conduit. An increase in the amount of actual bid items constructed over the original bid amount resulted from installing added conduit and conductors that exceeded the bid item quantities. The final overall construction cost including change orders was 8.1% over the original bid amount. Funds for the project were budgeted in the General Fund (Miscellaneous & Studies), Account No. 7014- C5300035 (Street Light Replacement Program). The scheduled completion date was October 26, 1998. Due to the extra work and unavailability of material the project was not completed until January 29, 1999. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director 7 By: Horst Hlawaty, P.E. Construction Engineer 0 F9Users \PBW \Shared \COUNCIL\FV98 -99 \Mar- 22\Slreet Lights C -3205 dm tf CITY CLERK Pagel CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, CA 92658 -8915 until 2:00 a.m. on the 3rd day of _June. 1998 , at which time such bids shall be opened and read for BALBOA ISLAND — PHASE 3 AND BALBOA PENINSULA STREET LIGHT REPLACEMENT Title of Project Contract No. 3205 $265.000.00 Engineer's Estimate Don Webb Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Michael J. Sinacori. P.E. at (949) 644 -3342. Page 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND — PHASE 3 AND BALBOA PENINSULA STREET LIGHT REPLACEMENT CONTRACT NO. 3205 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. 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. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly 0 0 Page 3 multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relationshas ascertained the general prevailing rate of perdiem 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). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. 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. The signature below represents that the above has been reviewed. 489328 C -10 Contractor's License No. & Classification F. J. JOHNSON, INC. Bidr n \tih ' reasurer 12, Authorized Signature/Title June 3, 1998 Date Page 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND — PHASE 3 AND BALBOA PENINSULA STREET LIGHT REPLACEMENT CONTRACT NO. 3205 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. 1. 2. 3. 4. 5. 6. Subcontractor Address F. J. JOHNSON, INC. � V(`'AA\'1A �-V- ,'?j�Treasurer Bidder 0 0 Page 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND — PHASE 3 AND BALBOA PENINSULA STREET LIGHT REPLACEMENT CONTRACT NO. 3205 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Completed Name /Agency SEE ATTACHED SHEETS Person Telephone To Contact Number F. J. JOHNSON, INC.i7A.�I/���1`�.�'lTSUrer Bidder Authorized Signature/Title Jobs Completed • 1994-1995 JOB NO. DATE COMPLETED PROJECT AWARDING AGENCY AGENCY'S CONTACT & CONTRACT AMOUNT AND ADDRESS AND PHONE NO. 272 01- 11- 944186,238.00 COUNTY OF ORANGE John Delsign Alicia Parkway E. M. A. (714)472 -7970 TO Sig /Mod /Street Lights 341 01 -20- 94/$73,940.00 CITY OF ORANGE Chris LaFace Two Locations 300 E. Chapman Ave. (714)532 -6426 New Traffic Signals Orange, CA 332 03 -11- 94/$559,644.00 CITY OF LAGUNA NIGUEL Dave Rogers Various Locations 27781 La Paz Rd (714)362 -4377 New Traffic Signal Laguna Niguel, CA 321 -322 03 -15- 94/$376,200.00 SULLY MILLER CONTRACT. Bill Tremble La Palma/Tustin /Lakeview 1100 East Orangethorpe (714)491 -3480 Modify Two Locations Anaheim, CA 355 08 -01- 94/$511,771.00 CITY OF LAGUNA HILLS Ken Rosenfield Cabot Rd Improvements 25201 Paseo de Alicia (714)707 -2650 Trf Sig & Road Imp Laguna Hills, CA 369 10 -02- 941$92,635.00 CITY OF COSTA MESA Tom Banks 19th St & Meyers Place 77 Fair Drive 714)754 -5029 Traffic Signal Costa Mesa, CA 383 10- 21- 94/$54,441.00 CITY OF FULLERTON Mohammad Auf Commonwealth Ave/Basque Ave 303 West Commonwealth 714)738 -6845 Signal Modification Fullerton, CA 344 10- 30- 94/$427,718.00 CITY OF NEWPORT BEACH Jeff Stewart Balboa Peninsola St 3300 Newport Blvd. Herb Wollennan Lt Rep /New St Light Sys Newport Blvd, Ca (714)644 -3301 380 01- 19- 951$170,000.00 CITY OF FULLERTON Paul Smith Various Locations 303 W. Commonwealth (714)738 -6845 Modify Traffic Signals Fullerton, CA 359 01- 20- 951$279,710.00 MISSION VIEJO CO. Ann Hibbard Two Locations 26137 La Paz Rd R. B. F. Traffic Signal Imps Mission Viejo, CA (714)472 -3505 374 03- 01- 951$372,209.00 CITY OF PLACENTIA Warren C. Siecke Various Locations 401 East Chapman Ave. (714)993 -8134 Install Traffic Signals Placentia, CA 92670 385 10- 01- 951240,100.00 Sully Miller /Anaheim Bernie Anderson Kraemer Ave /La Palma 1100 East Orangethorpe (714)578 -9655 Signal Modification Anaheim, CA 390 09 -15- 95/$113,509.00 City of Garden Grove Frank Gaggia Garden Grove Blvd /Newhope 11391 Acacia Pkwy (714)741 -5191 Signal Mod & Median Work Garden Grove, CA 92642 0 Jobs Completed 1996-1997 JOB NO. DATE COMPLETED PROJECT AWARDING AGENCY AGENCY'S CONTACT & CONTRACT AMOUNT AND ADDRESS AND PHONE NO. 407 03 -01- 96/$164,100.00 City of Brea Street Lighting Hillcrest Contracting P. O. Box 1898 Corona, CA 91718 -1898 Jerry Blair (909)273 -9600 409 03 -18- 96/$45,367.00 City of Anaheim Glen Bagley Lincoln Ave. & East St 200 So. Anaheim Blvd (714)254 -5126 Signal Modification Anaheim, CA 92802 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND — PHASE 3 AND BALBOA PENINSULA STREET LIGHT REPLACEMENT CONTRACT NO. 3205 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ORANGE ) Page 7 N:: Jean Johnson , being first duly sworn, deposes and says that he or she is of F. J. Johnson, Inc. ,the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false orsham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. F. J. JOHNSON, INC. Secretary Bidder Authoriied Signat itle 0 0 � d Subscribed and sworn to before me this. day of J j n z 19 5 8 , [SEAL] Notary Public My Commission Expires: it —/-51 � NOREEN A. OENISON � . ��M�M�M1043928 � Ay Com�E�tp.�4,1�DOB ' 0 0 PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND — PHASE 3 AND BALBOA PENINSULA STREET LIGHT REPLACEMENT CONTRACT NO. 3205 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT 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. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 0 0 PAGE 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND — PHASE 3 AND BALBOA PENINSULA STREET LIGHT REPLACEMENT CONTRACT NO. 3205 CONTRACT THIS AGREEMENT, entered into this 22nd day of June, 1998, 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. WHEREAS, City has advertised for bids for the following described public work: BALBOA ISLAND — PHASE 3 AND BALBOA PENINSULA STEET LIGHT REPLACEMENT Project Description 3205 Contract No. B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard Special Provisions, Plans and Special Provisions for Contract No. 3205, Standard Specifications for Public Works Construction (current edition) and all supplements and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: 0 r PAGE 10 All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of two hundred ninety -nine thousand four hundred fifty -three and nol100 Dollars ($299,453.00). This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) 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, 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. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 5. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Michael J. Sinacori, P.E. (949) 644 -3342 CONTRACTOR F.J. Johnson, Inc. P.O. Box 6341 Anaheim, CA 92816 (714) 632 -1415 6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "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 undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." E 7. INSURANCE 0 PAGE 11 (a) Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. (b) Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance Coverage limits shall be no less than: 1. General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. 0 0 PAGE 12 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. C. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies z re to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages (a) City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. (b) Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. (d) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (e) The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. 0 3. All Coverages 0 PAGE 13 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. F. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. 8. RESPONSIBILITY FOR DAMAGES OR INJURY A. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. B. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. C. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active negligence or willful misconduct of City, its officers or employees. PAGE 14 D. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. E. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in "C" above. F. The rights and obligations set forth in this Article shall survive the termination of this Contract. 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Si',�, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF and year first written above. ATTEST: CITY CLERK APPROVj D AS TO FORM: CITY ATTORNEY have caused this contract to be executed the day CITY OF R BEACH A Mu ' ip i By: Y CO RACTOR By Authorized Signature and Title �,I"��„� CERT��1,�►' GATE (MMIODIYY) ' �IIF TNSUF'.R�{RE,. PRODUCER, .. .......:. .. ......:: ...........:. _. 6/27/98 Calco Ins Brokers & Agents 600 City Parkway West THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 5995 COMPANIES AFFORDING COVERAGE Orange, CA 92863 -5995 COMPANY 714 - 937 -1824 A Firetraps Fund Insurance Co, INSURED COMPANY F.J. Johnson, Inc. B American Automobile Ins. Co. P.O. Box 6341 COMPANY Anaheim, CA 92816 C COMPANY D cavEa�AGES ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOT W ITHSTANDING ANY REQUIREMENT, TERMOR CONDITION OF ANYCONTRACT OROTHER DOCUMENT W ITHRESPECT TO W HICHTHIS 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO : TYPE OF INSURANCE LTR POLICY EFFECTIVE POLICY NUMBER DATE (MMIDDIYY) i i POLICY EXPIRATION DATE (MMIDDIYY) LIMBS j I B GENERALLIABLITY I XX CCMMERCIAL GENERAL LIABILITY CLAIMS MADE C OCCUR I�OWNERS j MZG80689376 12101197 CERTHOLDER IS ADD ' L I; 12101198 GENERAL AGGREGATE 4 2000000 PRODUCTS- COMP /OP AGG s 2000000 PERSONAL & ADV INJURY $ 1 000000 &CONTRACTOR'S PR07 PER ENDORSE. ATTACHED; EACH OCCURRENCE 4 1000000 j FIRE DAMAGE (Any one Fire) 4 50000 I MED E %P (Any one person) $ S OOO AUTOMOBILELIABS.ITY B �—, tX ANY AUTO MZG80689376 12/01/97 12/01/98 COMBINED SINGLE LIMIT $ 1000000 ALL OWNED AUTOS SCHEDULED AUTOS I BODILY INJURY (Per person) $ � XI HIRED AUTOS NON-OWNED AUTOS I BODILY INJURY (Per accident) $ �— PROPERTY DAMAGE i$ GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO i OTHER THAN AUTO ONLY: ' EACH ACCIDENT $ AGGREGATE Is I EXCESS LIABILITY EACH OCCURRENCE $ 1000000 A UMBRELLA FORM 1 1 OTHER THAN UMBRELLA FORM XCG3049342 12/01/971 12/01/98 I AGGREGATE s 1000000 S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY j STATUTORY LIMITS EACH ACCIDENT $ THE PROPRIETOR/ INCL PARTNERS /EXECUTIVE DISEASE - POLICY LIMIT I$ OFFICERS ARE: E%CLI DISEASE - EACH EMPLOYEE $ I I OTHER I DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: Balboa Island — Phase 3 & Street Light Replacement Contract 93205 30 da s notice of cancellation except 10 days for non— a ment of remi GERTIF.IGATE HpLdER .... .. GpNCECLAT1pN .. :. ... . . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WBL'ENDEAVDR TO MAL City of Newport Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3300 Newport Blvd. namtnxxr7ortrxMx2lt fd�E�XL�1`Ij�l`tij��jYx P.O. Box 1768 R5c;c7lRxsafPxitesTrocx SGxac icYoYexii�Pi(2re�lYrY�id(Eyxx Newport Beach CA 92658 -8915 "DTM ° \ kAti��� ACOAD28 -S 3133 ®AGORD;GOR AA�ION 1833:: Calco Insurance Brokers & Acrents, Inc. RE: CHANGES IN CERTIFICATE OF INSURANCE ISSUANCE -1 ?3i13y To our Insured and their Additional Interests: You may have noticed that some changes have recently occurred in the format of our issued certificates as a result of the policy attachments provided by the Fireman's Fund /American Automobile Insurance Company. The changes are outlined for you below. CERTIFICATES OF INSURANCE ACORD FORM Each and every certificate is standardized with the same coverages. We can do this because most of the company information is uniform; only the policy attachments have chanced. ATTACHMENT FORM CG 71 65 11 96 Taking the place of the CG 20 10 is the Multicover Form CG 71 65 11 96. It offers the foilowino: Blanket Additional Insured - It is no longer necessary to endorse each and every additional insured interest on to the policy. Section 2. provides coverage for each and every person or organization as required by a written insured contract. Fireman's Fund has selected this form to replace the CO 20 10; the form itself has become obsolete. Blanket Waiver of S ubrooation and Par bocatinn General Aggr_QC3-t-e limits are also provided to those additional interests which have entered into a written contract with you. Of course, not every issue can be resolved with this form, however, we hope that you and your additional interests will review, evaluate, and eventuaily accept this I orm as replacing the CG 20 10. It will make our response time to your requests quick and simple. Feel free to call us with any additional questions or comments. Thank you. Fcu�on oam: 9/97 0 0 FleetCovery Endorsement - CA 70 18 04 96 Policy Antendment(s) Commercial Business auto Coverage Form -'I rockers Coverage Form A. Broadened Named Insured The following are added as insureds undo- Section II - Liability Coverage. A.l. Rho Is an Insured (the following items will be I. and g. in Truckers Coverage Form): d. Any subsidian' or organization '%yhich is le- Bally incorporated or organized under the laws of the states, territories or possessions of the United States of .America in which you own _ a financial interest of greater than iO' o of the voting stock or otherwise niaimain a control- ling interest ove- assets and for ahica you haoe the responsibility of piacing insurance: 1) on the effective date of this Coverage Form: or (2) that is rewty acquired or forried by you dutina the policy period shown in the Declarations. J Coverage under this provision is arior.ied only untj the end of the policy period or un '.he ne-:t welve month anniversan', witicneve. a ;ariier. However, the insurance provided by this provision does not apply to any subsidiary or organization stated in d. above that is an insured under any other automobile liability poGCy for ,yiiich cover- age has been specifically placed or an insured under any other automobiie liability policy ',the.. that policy's lirr is of insurance hate been - �:iausicd or that carrier has become insoh'ent. In addition, the insurance provided by this pro- 3 vision does not apply to bodily injury or property damage which results from an accident that' i y R V occurred before you acquired or formed the sub - sidian or organization stated in d. above. AIIV of your empioyees While using a covered auto in Four business or your personal affairs. provided you do not m% n. hire or borrow that auto. B. .additional Insured and ),� aiver of Subrogation Coverage Required by Insured Contract. Written Agreement or Permit The following are added as insureds under Section 11 - Liability Coverage. A.l. Who Is an Insured lthe following items will be h. in Trucke.s Cov- -age ForriJ: Any person, organization. trustee. estate or govemmemai entity with respect to the oper- ation, maintenance. or use of a covered auto u: !. You are obligated to add that person. organization. trustee. estate or govem- mental entity as an additional insured to this coficy by (a) an expressed provision of an insured contract. or written agreement: or (bi an expressed condition of a :written permit issued to you by a govern- mental or public authority. ?. The bodily injury or property damage is caused by an accident which takes place after: (a) you executed the insured contract or written agreement, or (b) the pe-rut has been issued to you. T :s Form nus: be anacled it) Citanne Endersemer.t .c'r.en .ssued 1i r :ha ?oily :s ,crnen. One :.i .e Fireman's Fund Insnrunee fompanies as -xr..r_ :n the ^ccc. Stcreury Preside. ^.: J CA_019 t.46 Page I of S - J J 0 0 0 3 0 0 z u w N V INVIultico t er - CG 71 11 96 Policy Amendment($) Comm General Liabilit; Cc,,-trap- Form Your policy is broadened and clarified as follows: I. Non Employment Discrimination Liability Unless Personal Injury is excluded from this pol- icy: A. Section V - Definitions, item 10. is amended to include: Personal Injury also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of gamine capacity or monetary loss, which is caused by Discrimination, B. Section V - Definitions, is amended to in- clude: 16. Discrimination means the unlawful treat- ment of individuals based on race, color, ethnic origin, gender, or religion. C. Section I - Coverages, Coverage B. item 2.. a. is amended to include: (5) Arising out of Discrimination directly or indirectly related to the past employ- ment, employment or prospective em- ployment of any person or class of persons by any insured; or (6) Arising out of Discrimination by or at your direction or with your knowledge or consent; or (') Arising out of Discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental. lease or sub -lease of any dwelline, per- manent lodging, or premises by or at the direction of any insured; or 0 (8) Fines, peaahies. sae:_tc performance, or mjunctioas lf..ie- o- mposed bt- a eov- mmenta -_itt. or sove.-nm -rltal code. law, or satut_ becat_e of ciisz.:m nation. Blanket Additional Insured Section II - Who Is an Insured. ite- 2. +s amended to include: Any person o- o-an�-aticn at cou are re- ouired by a wnr_ -n Insured Contract to in- clude as an _;=-d. su :, e to all of the Iollowins pro-.siMs: (1) Coverage s 'wit tc th habiiity aris- ine out o:': eai the own- -sh�. m:inteaan:e or us: of tha: z- o = pr_-arcs. or land own-` '-v. a *. tc. c- leased to vou: cr (b) you. c Y = fc: that in- sur -_-_� by or for :.e: or (c) that r=anc ai control of yOU: or (d) the =a :ence. operation or use bV st:Z - :—MCn's C. 0:g2S_i7ation(s); or (e) a state C- pO:eI1C_. su.'bd .:slon pe.- nut 'aRte� tC CL C) Cove aoe d0tt no: ar b' to a`y Occur- rence or (a) which took pia be :ore the eze- cutioa c :. or s:'secue =: to the comrie :icz cr oz, the writs= Insured Contract. or This Form must be attached to Change Endorsement when issued after the poiicp is .s:tten. One of the Fireman's Fund lasurance Companies as named in :he policy secretary President C07165 11 -% n L Pale i of 0 (b) which takes place after you cease to be a tenant in that premises. (3) With respect to architects, engineers, or survevors, coverage does not apply to Bodily Injury, Property Damage. Per- sonal Injury or Advertising Injury arising out of the rendering or the failure to render any professional services by or for you including: (a) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifica- tions: and (b) Supervisory, inspection, or engi- neering services. If an Additional Insured endorsement is attached to this policy that specifically names a person or organization as an insured, then this coverage does not apply to that person or organization. 3. Blanket Additional Insured for Vendors unless the Products - Completed Operations Hazard is excluded from this policy, Section H - Who Is an Insured item 2. is amended to include: f. Any vendor but only with respect to Bodily Injury or Property Damage arising out of Your Products which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. Bodily Injury or Property Damage for which the vendor is obligated to pay damages by reason of the as- sumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agree- ment; b. Any express warranty unauthorized by you; C. Any physical or chemical change in the product made intentionally by the vendor; CG716i 11 -96 0 d. Repackaging, unless unpacked solely for the purpose of inspection, dem- onstration, testing, or the substi- tution of pans under instructions from the manufacturer, and then re- packaged in the original container: C. tiny failure to make such in- spections, adjustments, tests or ser- vicing as the vendor has agreed to make or normallv undertakes to make in the usual course of busi- ness, in connection with the distrib- ution or sale of the products; f. Demonstration, installation, servic- ing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product: g. Products which. after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of anv other thing or substance by or for the vendor. 2. This insurance does not apply to any in- sured person or organization, from whom you have acquired such products, or any ingredient, part or, comainer, entering into, accompanying or containing such pro- ducts. If an Additional Insured - Vendors endorsement is attached to this policy that specifically names a person or organization as an insured, then this coverage does not apply to that person or organ- ization. 4. Blanket Waiver of Subrogation Section IV - Commercial General Liability Condi- tions, item 3. is replaced with: 3. Transfer of Rights of Recovery Against Oth- ers to Cs and Blanket Waiver of Subrogation a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring suit or transfer Chose rights to us and help us enforce them. Page 2 of 6 0 0 a 8 0 9 s y V 0 b. If required by a written Insured Contract, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your operations or Your Work for that person or organ- ization. 5. Broadened Named Insured Section II - Who Is an Insured, item 4. is replaced with: 4. All of your subsidiaries, companies, corpo- rations. firms, or organizations, as now or hereafter constituted, qualify as Named In- sured under this policy if: (a) you have the responsibility of placing in- surance for each such entity; and (b) coverage for the entity is not otherwise more specifically provided; and (c) the entity is incorporated or organized under the laws of the united States of America. But each entity is insured only while you own, during the policy period, a controlling interest in such entity of greater than 50 0'0 of the stock or assets. However: (a) Coverage under this provision is afforded only until the end of the policy period, or the 12 month anniversary of the policy inception date, whichever is earlier; (b) Coverage A does not apply to Bodily Injury or Property Damage that occurred before you acquired or formed the or- ganization; (c) Coverage B does not apply to Personal Injury or Advertising Injury arising out of an offense committed before you ac- quired or formed the organization. 6. Medical Payments Unless Coverage C. Medical Payments is excluded from this policy: A. Section I Coverages, Coverage C., item 2.f. is repiaced with: f. Included within the Products - Completed Operations Hazard. However, this ex- clusion does not apply to expenses for dental services. B. Section I Coverages, Coverage C. is amended to include: 3. Limits The medical expense limit provided by this policy shall be the greater of: a. $10,000; or b. The amount shown in the declara- tions. Coverage C. Medical Payments is pn- mary and not contributing with any other insurance. even if that other insur- ance is primary also. Fire. Explosion and Sprinkler Leakage Coverage A. Section I - Coverages, Coverage A, item 2., the last paragraph is replaced with: Exclusions c. through n. do not apply to damage by tire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with the per- mission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this av- erage as described in Section III - Limits of Insurance. B. Section III - Limits of Insurance, item 6. is replaced with: 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of Property Damage to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agree- ment with the owner, arising out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of: 1. 51,000,000, or M C_07165 it-96 Page 3 of 6 0 2. The amount shown in the declara- tions. C. Section IV - Commercial General Liabilitv Conditions, item 4.b.(2) is replaced with: (2) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agrec- ment with the owner: or D. Section V - Definitions, item 6.a. is replaced with: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire. explosion or sprinkler leakage to premises while rented to you. or tempo- rarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an Insured Contract; E. Section V - Definitions, item 6.d. is deleted. S. Non -Owned or Chartered Watercraft Section I - Coverages, Coverage A, item 2.g.(2) is replaced with: (2) A watercraft you do not own that is: (a) Less than 51 feet lone: and (b) Not being used for public transportation or as a common carrier; 9. Chartered Aircraft Section I - Coverages, Coverage A, item 2.2.(6) is added: (6) An aircraft in which you have no ownership interest and that you have chartered with Crew. 10. Coverage Territory Broadened Section V - Definitions, item 4.a. is replaced with: a. The United States of America (including its terr-itones and possessions), Puerto Rico, Canada. Bermuda. the Bahamas. the Cayman Islands and the British Virzin Islands. 11. Broadened advertising Iniury Unless Advertising Injury is excluded from this policy: A. Section V - Definitions, item 1. is replaced by: 1. Advertising Injury means injury arising out of one or more of the following of- fenses: a. Oral, written, televised or videotaped publication of material that slanders or libels a person or organization or disparages a person's or organiza- tion's goods, products or services; b. Oral, written, televised or videotaped publication of material that violates a person's right of privacy; C. Misappropriation of advertising ideas or style of doing business: or d. lnfrin2ement of trademark, copy- right, title or slogan. B. Section I - Coverages, Coverage B. item 2.a.(1) and (2) are replaced with: (1) Arising out of oral, written, televised or videotaped publication of material, if done by or at the direction of the insured with knowledge of its falsity; (2) Arising out of oral. written. televised or videotaped publication of material whose first publication took place before the beginning of the policy period; 12. Broadened Personal Injury Unless Personal Injury is excluded from this pol- icy, Section V - Definitions, item 10.b. is replaced with: b. Malicious prosecution or abuse of process; 13. Broadened Personal and .advertising Injury Unless Coverage B. Personal and Advertising In- jury is excluded from this policy, Section I - Cov- erages. Coverage B. item 2.a.(4) is deleted in its entirety. (_6716; 11-96 Page 4 of 6 14. Fellow Employees Coverage Section Il - Who Is an Insured, item 2.a.(1) is amended as follows: (1) Personal Injury to you or to a co- employee while in the course of his or her employment.. or the spouse, child, parent, brother or sister of that co- employee as a consequence of such Personal Injury, or for any obligation to share damages with or repay someone else who must pay damages because of the injury: or 1 �. Mental Anguish Is Included in Bodily Injury Section V - Definitions, item 3. is replaced with 3. Bodily Injury means Bodily Injury. sickness or disease sustained by a person. It includes death or mental anguish which result at any time from such physical harm, physical sick- ness or physical disease. Mental anguish means any type of mental or emotional illness or disease. 16. unintentional Failure to Disclose Hazards Section IV - Commercial General Liability item 6. is amended to include: d. If you unintentionallv fail to disclose anv hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our tight to collect additional premium or exercise our right of cancellation or non - renewal. 17. Supplementary Payments, Increased Limits Section I - Coverages. Supplementary Payment - Coverages A and B, item 2., and 4 are replaced with: 2. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the in- sured at our request to assist us in the inves- tigation or defense of the claim or suit including substantiated toss of earnings up to 5i09 a day because of time off work. 0 13. Per Location General Aggregate A. Section 111, Limits of Insurance, item 2. is amended to include: The General Aggregate Limit of Insurance applies separately to each Location owned by you, rented to you, or occupied by you with the permission of the owner. B. Section V - Definitions, is amended to in- clude: f Location means premises involving the same or connecting lots, or premises whose connection is interrupted only be a street, roadwav, waterwav or way of of a railroad. 19. amended Duties in the Event of an Occurrence. Offense Claim or Suit Section IV - Commercial General Liability Conditions, item 2.a. and b. are repiaccd with: a. In the event of an Occurrence, offense, claim, or Suit, you must promptly notify us. Your duty to promptly notify us is cffective when your executive officers, partners, members, or legal representatives are aware of the General Liability Occurrence, offense, claim. or Suit. Knowledge of an Occurrence, offense, claim or Suit b-v other employet(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (I) How, when and where the Occurrence or offense took place: (2) The names and addresses of any injured persons and witnesses: and (3) The nature and location of any injury- or damage atiang of the occurrence, offense. claim or Suit _ 20. Cancellation Condition Section IV Commercial General Liability_ Condi- tions, is amended to include: 10. Cancellation If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the cues 11.96 Page 5 of 6 n u first Named Insured at least 120 days prior to the effective date of cancellation. 21. Liberalization Section IV - Commercial General Liability Condi- tions, is amended to include: 0 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charse.the broader coverage will ap- ply to this policy. This extension is effective upon the approval of such broader coverage in your state. CC-1e5 :,IA6 Page 6 of 6 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JUNE 29, 1998 POLICY NUMBER: 1511100 - 98 .. CERTIFICATE EXPIRES: 3 -31 -99 CITY OF NEWPORT BEACH . PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 JOB: BALBOA ISLAND -PHASE 3 8 BALBOA PENINSULA STREET L LIGHT REPLACEMENT CONT. #3205 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon A days' advance written notice to the employer. Xx We will also give you ?IJ days' advance notice should this policy be cancelled prior to its normal expiration. XX This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. AUTHORIZED REPRESENTATIVE EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 41,000,000 PER OCCURRENCE. ENDORSEMENT #x2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 03/31/98 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 06/29/98 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH F. J. JOHNSON, P 0 BOX 6341 ANAHEIM CA 2. 3. 4. • r Page PR -1 BID SCHEDULE FOR NEWPORT BEACH BALBOA ISLAND AND BALBOA PENINSULA BID ITEMS BID SCHEDULE "A:'- BALBOA ISLAND Lump Sum Mobilization @ One Thousand D,7o Hundred Dollars and No Cents Cents Per Lump Sum $ 1,200.00 $ 1,200.00 Lump Sum Traffic Control @ 7.4r0 Thosuand Five Hundred Dollars and No Cents Cents Per Lump Sum $ 2,500.00 $ 2,500.00 34 Replace existing seawall street light EACH standard with new contractor furnished 10 -feet fiberglass foundation complete with 50 -watt, 240V HPS luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. @ ZWo Thousand Six Hundred Fl�pI rs and and No Cents Cents Per Each $ 2,640.00 $ 89,760.00 4 Replace existing street light standard EACH with new contractor furnished 10 -feet fiberglass street light standard on existing foundation complete with 50- watt, 240V HPS luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. Sixty @ nm Thouuand Four Hundred Dollars and and No cents Cents $2060.00 $ 9,840.00 Per Each 5. A 7 A 9 0 Page PR -2 2 Replace existing luminaire from EACH existing street light standard with new 70 -watt, 240V HPS luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to lumnaire. @ Three Hundred Eight -Two Dollars and And No C'entS Cents Per Each $ 382.00 $ 764.00 1 Install new contractor - furnished 10- EACH feet fiberglass street light standard on new foundation complete with 50 -watt, 240V HPS luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. Sixty @ Tyo Thosuand Four Hundred Dollars and and No Cents Cents Per Each $2,460.00 $2,460.00 1 Remove existing street light standard EACH and foundation. Restore surface to match adjacent area. @ Four Hundred Ninety Dollars and and No Cents Cents Per Each $ 490.00 $ 490.00 4 Replace existing pier street light EACH standard with new contractor - furnished 10 -feet fiberglass street light standard on new foundation complete with 50 -watt, 240V HPS luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. @ T-wo Thousand one Hundred Fifty Dolaars and and No Cents Cents $ 2,150.00 $8,600.00 Per Each Page PR -3 9. 1,700 Furnish and install 1' %< inch PVC LINEAR FT. conduit with 248 insulated conductors and 148 bare conductor. @ Twelve Dollars Dollars and and Eighty Cents Cents Per Linear Ft. $12.80 $ 21,750.00 10. 5,300 Furnish and install 248 insulated LINEAR FT. conductors and 148 bare conductor in existing conduit. @ One Dollar Dollars and saventy -Eight cants Cents Per Linear Ft. $ 1.78 $ 9,434.00 11. 250 Furnish and install 1'% -inch PVC LINEAR FT. conduit with 248 insulated conductors and 148 bare conductor to soffit of public pier. Install straps at 10 -feet o.c. Remove existing conduit and conductors. @ Eighteen Dollars Dollars and and Ninety Cents Cents Per Linear Ft. $18.90 $ 4,725.00 12. 13 Furnish and install 3' /z F concrete pull EACH box per CNB Std. -204 -L and Std. -205- L. @ One Hundred Ten Dollars Dollars and and No Cents Cents Per Each $ 110.00 $ 1,430.00 13. 7 Remove existing pull box. Remove EACH existing conduit and conductors and restore surface to match adjacent area. $ 210.00 $ 1,470.00 0 0 14. LUMP SUM Relocate existing signs onto new street light standards or new post as indicated on Plans. @ Two Thousand Nine Hundred pp�iar� and and No Cents Per Lump Sum $ 2,930.00 Page PR-4 $ 2,930.00 TOTAL BID SCHEDULE "A" BID PRICE $157,363.00 1 9 3. Page PR -5 BID SCHEDULE FOR NEWPORT BEACH BALBOA ISLAND AND BALBOA PENINSULA BID ITEMS BID SCHEDULE "B" - BALBOA PENINSULA Lump Sum Mobilization @ One Thousand Dollars and And No Cents Per Lump Sum $1,000.00 $1,000.00 Lump Sum Traffic Control @ One Thousand Five Hundred Dollars and And No Cents Cents Per Lump Sum $ 1.500.00 $1,500.00 6 Replace existing street light standard EACH with new contractor - furnished 10 -feet fiberglass street light standard on existing foundation complete with 50- watt, 240V HPS luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. @ Two Thosuand Four Hundred p pars and and No Cents Cents Per Each $ 2,460.00 $14,760.00 a Page PR -6 1 Replace existing street light standard EACH with new contractor- furnished 10 -feet fiberglass street light standard on new foundation complete with 50 -watt, 240V HPS luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. Remove existing foundation and restore surface to match adjacent area. Sixty @ Two Thousand Four Hundred Dollars and and No Cents Cents Per Each $ 2,460.00 $ 2,460.00 2 Install new contractor- furnished 10- EACH feet fiberglass street light standard on new foundation complete with 50 -watt, 240V HPS luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. Ninety @ T4eo Thousand Four Hundred Dollars and and No Cents Cents Per Each $ 2,490.00 $ 4,980.00 3 Replace existing luminaire and mast EACH arm from existing street light standard with new 70 -watt, 240V HPS luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire and new 4 -feet mast arm. Coordinate removal of overhead wires with SCE. @ Three Hundred Eicrhty Dollars and and No Cents Cents $ 320.00 $_960.00 Per Each 7 A a Page PR -7 15 Replace existing street light standard EACH with new contractor - furnished Type I concrete street light standard on new foundation complete with 70 -watt, 240V HPS luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. Remove existing foundation and restore surface to match adjacent area. seventy @ One Thousand Eight Hundre ollars and and No cents Cents Per Each $ 1,870.00 $28,050.00 4 Install new contractor- furnished Type EACH concrete street light standard on new foundation complete with 70 -watt, 240V HPS luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. @ Two Thousand Ten Dollars and and No Cents Cents Per Each $2,010.00 $ 8,040.00 4 Relocate existing Type I street light EACH standard on new foundation as directed by the City's representative. Replace luminaire with new 70 watt, 240V HPS luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. Remove existing foundation and restore surface to match adjacent area. @ Six Hundred Ten Dollars and and No Cents Cents Per Each $ 610.00 $2,440.00 Page PR -8 10. 2 Replace existing luminaire from EACH existing street light standard with new 70 -watt, 240V HPS luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. @ Three Hundred Fifty Dollars and and No Cents Cents Per Each $350.00 $700.00 11. 5 Remove existing street light standard EACH and foundation. Restore surface to match adjacent area. @ Four Hundred Eighty Dollars and and No Cents Cents Per Each $480.00 $2,400.00 12. 1 Replace existing service cabinet with EACH new, including 4F pull box per Detail "C on sheet 13 of the construction plans. Thirty @ One Thousand Nine Hundred Dollars and and No Cents Cents Per Each $ 1,930.00 $1,930.00 13. 4,500 Furnish and install M -inch PVC LINEAR FT. conduit with 248 insulated conductors and 148 bare conductor. @ Twelve Dollars and and Ten Cents Cents Per Linear Ft. $12.10 $ 54,450.00 Page PR -9 14. 1,800 Fumish and install 248 insulated LINEAR FT. conductors and 148 bare conductor in existing conduit. @ One Dollar Dollars and and Eighty Cents Cents Per Linear Ft. $ 1.80 $3,240.00 15. 43 Furnish and install 31h F concrete pull EACH box per CNB Std. 204 -L and Std. 205 - L. @ One Hundred Ten Dollars and and No Cents Cents Per Each $110.00 $4,730.00 16. 34 Remove existing pull box. Remove EACH existing conduit and conductors and restore surface to match adjacent area. @ Two Hundred Ten Dollars and and No Cents Cents Per Each $210.00 $7,140.00 17. LUMP SUM Relocate existing signs onto new street light standards or new post as indicated on Plans. @ Three Thosuand Three Hund�llars and and No Cents Cents Per Lump Sum $ 3,310.00 $ 3,310.00 TOTAL BID SCHEDULE `B" BID PRICE $142,090.00 TOTAL CONTRACT BID PRICE $S (SCHEDULE "A" AND SCHEDULE `B ") $299,453,00 0 0 Bidder's Name F. J. JOHNSON, INC. Bidder's Address P. O. Box 6341, Anaheim, CA 92816 Bidder's Telephone Number 714/632 -1415 Contractors License No. & June 3, 1998 Date Page PR -10 asurer 0 is C ,3�9 June 22,1998 CITY COUNCIL AGENDA ITEM NO. 14 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL; FROM: PUBLIC WORKS DEPARTMENT SUBJECT: BALBOA ISLAND - PHASE 3 AND BALBOA PENINSULA REPLACEMENT — AWARD OF CONTRACT NO. 3205 RECOMMENDATIONS: 1. Approve plans and specifications. JUN 2 2. •3 UJ t 2. Award Contract No. 3205 to F.J. Johnson of Anaheim in the amount of $299,453.00 and authorize the Mayor and City Clerk to execute the contract on behalf of the City and authorize a 10% construction reserve of $29,900.00 for materials testing and unforeseen work. DISCUSSION: At 2:00 p.m. on June 3, 1998, the City Clerk opened and read bids for the subject project. A summary of the results are listed below, and an itemized bid summary is attached as Exhibit "C ": Rank Contractor /Bidder Total Bid Price low F.J. Johnson, Inc. $299,453.00 2 Statewide Electric, Inc. $352,403.00 Two bids were received. The bid prices exceed the Engineer's estimate of $259,275.00. Staff believes this is due to current market conditions and that the work is in a confined and congested area. The Engineer's estimate was based on past work completed. SUBJECT: BALBOA ISLAND PHASE 3 AND BALBOA PENINSULA STRAGHT REPLACEMENT — AWARD OF CONTRAC NO. 3205 June 22, 1997 Page 2 THE LOW BIDDER The low bidder, F.J. Johnson, Inc. of Anaheim, California, is a qualified general contractor licensed to do business in California. This company has successfully completed similar construction projects for other public agencies and municipalities in Southern California. This firm has a good reputation in the contracting industry and has a significant amount of experience with street light replacement projects. In addition, the contractor has successfully completed Phase I of the Balboa Island Street Light Replacement Project and many other smaller projects for the City. The insurance policies submitted by the contractor meet the City's requirements. PROJECT DESCRIPTION: The streetlights on Balboa Island are slated for replacement under the City's 15 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 involved replacement of approximately 60 lights in the central part of the Island which was just recently completed. Phase II included approximately the same number of lights and completed the lights in the westerly side of the Island. Phase III consists of the lights along the Seawall, see attached Exhibit "A ". In addition to completing the street light conversion on Balboa Island, the City Council directed an additional replacement project on the Balboa Peninsula. The attached Exhibit "B" shows the area that will be replaced as a part of this project. PROJECT CONSTRUCTION MANAGEMENT, FUNDING AND SCHEDULE: The project construction will be performed under the supervision of the City's Inspection Division with assistance from the Utilities Division staff. The funds needed for completing this project are available in the General Fund under the Capital Project Account No. 7014- C5300035, Street Light Replacement Program. The contract's time of completion for the project is 90 working days. However, no work will be allowed on Balboa Island until after September 7, 1998 (Labor Day). The City's project schedule proposes that the contractor's work be completed by November, 1998. f:\groups\pubworks\counrit\98yune-22\Jights.doe r ,SUBJECT: BALBOA ISLAW PHASE 3 AND BALBOA PENINSULA STREETLIGHT REPLACEMENT — AWARD OF CONTRAC NO. 3205 June 22, 1997 Page 3 1] CONCLUSION: Award of the contract at this time will allow the contractor to complete the work prior to the start of the holiday season. Staff believes the contractor can complete the project satisfactorily and recommends award of the contract to the successful bidder, F.J. Johnson, Anaheim, California. Respectfully su i d, PUBLIC WORKS DEPARTMENT Don Webb, Director By: Mic44el J. Sinacori, P.E. Utilities Engineer Attachments: Location Maps Bid Summary tl groupslp ubworkskcounci11gBVune- 22Vights.doc LL O WI Q IL �... = Z W U Q � W IL Q7 a Op CL Y W Z0 3 LL OU CL Z QO 0 U 111 r C3 m Z O Q U lyj 111 m � ❑ m 2 2 D 0 O O a H r Z Z 7 0 0 0 0 0 0 0 0 0 0 0 0 o 0 g o 0 0 0 0 0 0 0 0 0 0 0 0 U r Z O O 0 O 0 0 1D Q f0 i0 10 tV O G N In n O! 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N p (A aD A QQ Q Q 01 N M C�MM�19 O O O O O O O O O O O O M O O t9� O O W Mt91919 O O O P O O � oa r Z 0 O O 0 O ifl 0 f0 n O [p Q O ap O t0 01 G �O O O O Q O O n 0 O O M 0 N 0 Q Yl c O Q G � 0 Ol O C7 Ij O aWa O Q NM N O Q N n nM t") t7W V 10 C M19��f9��mM 0 t9�V)� Oat` o< 0 0 0 0 0 0 0 0 m n m o 0 0 IL — Z O O Q 10 of CI 000" 10 Ol ' f9 rM — Ni 0 0 N 0 Cl O p Z ❑� N N NW 10 NM Q Q fAcli fA 19d N �tA W O 0 000000000000-moo. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 O 0 o 0 0 0 0 0 0 0 o 0 O 0 o 00 d r Z 00000000000000r; O 0 O 0 O Q O (O O m O N �O N O Q 10 N O n C) N tD O n O O O ❑��NNN�� 16 6 V7 Ld N1A di�� d 19 N E =2 O " "= ' di 19 M M 19 19 _ Wa 19 000000000000000o0oo 00000000000000000pp q i r 0 O 0 O 0 O 0 0 d 0 O 0 O 0 O 0 O 0 O 0 N 0 ONO o p ui n S o O lA 2z jp❑NO ._ O o0000000lgoln000' Q i9 Q N ap N N N 1(117 f0 m �rN N Q N f0 t0 C) C) �MN d: O W~ n In 00 S 0.19 S S viw S N NW f9 N S O W Z ❑� O O O'��M�N� 10 Q Q N N t0 19 fA M19� O w 19 � Wa mN d N d r C 000000000000000 000000000000uloo0o0 H z Q N � � Q0 O O M N m n 0 0 0 O C G G O N l V I A O r � 0 M 19 � FA f9 f9 19 M 19 Nf9 C N O p J c Q 1L pp Q QQ >< G Q Q QQ J J QQ W W W p C "n m 3 O 1 3mc O Ill L W W Ill Ill W ILW W Ill j Or 0 .6 D p O LL r r Z 3 LL p N p LL p 0 U p N O N1 Q��N. 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N c ILZ a o LL O CU c O Z= c 2 O 2 - d �d a d d 0: s d 0: d>> CC LL LL LL LL d K 2 r 0LL 3UUu w Z O Q U lyj 111 m � ❑ m U X W • u 2 D O a r Z 0000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8000000 l)ZOOQ7 r 00000 T (ONOO Oi O O C NNOIMn C O O pp thnN fV fV m E7N�O O n10 N •-aD N Clm C)n mNt70t0 eD�n -to .- f9 N W V � M 1A N W C�' 1: h 6 IA � 19 .- 19 IV tl! i nM N-7 fA NM tV `N m s a � A? y Cl) W N p 0 0 000001n,0008 0 0 0 0 0 0 0 0 0 O N O O p 0 O 0 °«31�oomrnrnQrn�rA oovio oCi0000ed lone. olc� -vf�n m OO d N Z p �O COQ fD N NK OI �wwwf9 N O1 NlD Cl f9� QOM Oalz 19M N Z N w�ww O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O P O O O O p p r Z 0 O O 0 O ifl 0 f0 n O [p Q O ap O t0 01 G �O O O O Q O O n 0 O O M 0 N 0 Q 0 C) O Q G � 0 Ol O C7 Ij O aWa O Q NM �NM O Q N n nM t") t7W V 10 C M19��f9��mM t9�V)� Oat` o< 190) C N H O 0 000000000000-moo. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LL r Z 0 00tp 0 0 0 N 0 01 0 N 0 n 0 O_ O i0 O a0 O C) N rM M� 0 �� 0 0 3 ?) ❑��NNN�� N1A di�� 19 N M CIO pj J O J FA di 19 M M 19 19 M 19 000000000000000o0oo 00000000000000000pp r 0 O 0 O 0 O 0 0 0 O 0 O 0 O 0 O 0 O 0 O 0 N 0 ONO o p ui n S o O lA 2z jp❑NO O O Q W Q i9 Q N ap N N N 1(117 f0 m �rN N Q N f0 t0 C) C) �MN d: O m n In E � d)�1A viw N�19 f9 1A f9�MdiMM � � Wa mN d N d C 000000000000000 000000000000uloo0o0 0 W r O G G O 0 0 0 0 C G G O N l V I A O C M 19 � FA f9 f9 19 M 19 Nf9 N J J Q QQ Q Q QQ Qa QQ Q Q QQ J J QQ Q J lil W 111 Ill W W W Ill Ill W W Ill r r Q��N. -N D Q e ❑ 9L 'O V V O ON0)LL O J 0-6 ww n U) m 3 a d« 3 d 0 LL O m 01 J W Z C 3 U c 9 a O O 3 J m a 0 c ILZ a o LL O CU c o p Z= c 2 0. m c O a d N Ov 0LL 3UUu w c dJy CQ co a3i Z 2 U Nj E°- yN o mt m� 3._ dU ca oiU c In L L E d 3 E(/)OJ d- C LL 1� 0 O ❑ J _ J N an c d > N c m n c6 > 7 J UrEyt = - -aN a p W J W:i « C « c « C W O y �CWm3f 96 grta a 0 W�rr a>E-- . -+ - -.+ o- O E- N E N E N E O E_ O d d 0' d �A-c d -c fl SRa d d d &a d > LL >> LL LL d R'C d W�NC)Q 10ron m W O� NMQ 1010' r U X W • u 0 E CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Statewide Electric, Inc. 3151 West Fifth Street, Suite G Oxnard, California 93030 Gentlemen: (714) 644 -3005 July 6, 1998 Thank you for your courtesy in submitting a bid for the Balboa Island - Phase 3 and Balboa Peninsula Street Light Replacement (Contract No. 3205) 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 I ( -�:) Y Authorized to Publish ACourtsof O a ge of all kind ding public notices by Decree of the Superior Court of Orange County, to ifornia. Number A -6214, 40 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: May 14, 1998 May 27, 1998 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on _ May 27 , 199 8 at Costa Mesa, California. Signature PUBLIC NOTICE CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be re- ceived at the office of thel Boulevard, P.O. Box 1768, Newport Beach, CA 92658- 8915 until 2:00 p.m. on the 91h day of June, 1998, at which time such bids shall be opened and read for BALBOA ISLAND - PHASE 3 AND BALBOA PENIN- SDLA STREET LIGHT RE. Contract No.: E noinser's Approved by Don Webb, Public Works Di- rector Prospective bidders may obtain one set of bid docu- ments at no cost at the of -i flee of the Public Works Department, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92858 -. 8915. 1 �- For further information, : call Michael J. Sinacori, P.E. at (9491644-3312. Published Newport Beach -Costa Mesa Daily Pilot May 14, 27, 1998. ThW482