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HomeMy WebLinkAboutC-3210 - Traffic Signal ImprovementsApril 1-0, 1999 • • CITY OF NEVTORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Signal Maintenance, Inc. 2283 Via Burton Street Anaheim, CA 92806 Subject: Traffic Signal Improvements, C -3210 To Whom It May Concern: On February 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 March 11, 1999, Reference No. 1990179299. The Surety for the contract is Federal Insurance Company, and the bond number is 81547517. 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL IMPROVEMENTS CONTRACT NO. 3210 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 (107) of the* dollars ($_11X XXXXX , to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of TRAFFIC SIGNAL IMPROVEMENTS, Contract No. 3210 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. *Value of the Attached Bid If the undersigned Principal executing this Bond is executing this Bond as arl 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 8 day of June Signal Maintenance, Inc. Name of Contractor (Principal) Federal Insurance Company Name of Surety 700 Route 202 -206 North, Bridgewater, NJ 08807 Address of Surety (908) 218 -5273 Telephone EM Auth ized nature/Title Jame R. Th mpson, Secretary Autho d Agent Signah4e Vi r!) i m a ui TL�p(� el- Print 142me and Title r— (Notary acknowledgment of Principal & Surety must be attached) �1 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 } ss. County of _ _grange 1 T On June 10 1998 before me, Margarita C. Ottosson Notary Public Date Name and Ttle of Goiter (e.g. "Jane Doe, Notary Putllo') `1 * * # * *R** **#*# R#****# * * * *# #*k *** * * * * * * * * ** * # * * ** *# *# T personally appeared `* James R. Thompson , Name(s) of Signers) � j( personally known to me proved to me on the basis of satisfactory evidence c to be the person*) whose name(* is /am subscribed to the within instrument and acknowledged to me that heAolooM "executed MAM'ARfiAC.OTTCS�fV COMM. f 7tS�Cq Nc'.c. / R;_4 c — Cc9£CmfO ..- ... ME COUNTY �+ N`� Cam M. Eipire. Z: p 30, 1998 i Place Notary Seal Atove the same in his /lo W r authorized capacity(i"), and that by his /io�r signature*) on the Instrument the person(91, or the entity upon behalf of which the person(w) acted, executed the instrument. WITNESS m hand a(1\ ffcl sa I Signature of Notary Public OPTIONAL Though the information below is not required bylaw. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer - * Partner — Limited Attorney in Fact Trustee Title(s): _ General ❑ Guardian or Conservator C Other: Signer Is Representing: Number of Pages: RIGHrT UMBPRINr OF SIGNER xccr- �. rz�t> cccc,' �r- �; r-. �ICCr.. �, cti��. cc, ��SCec�ec. �c >ci;cti�r_.vcc.�:�eticcccrr,� C.�`cc,cc,cccc;'�.ccr_�,� C�.�ccr_.c= rx;oas. ®1997 National Notary Aasocialmn • 9389 De Soto Ave.. P.O. Box 2,92 • Chatewonh, CA 9131 &2602 Prod. No. 5907 Reortler: Colt Tat -Free 1.809 -V &- 27 0 0 ACKNOWLEDGMENT OF SURETY State of Massachusetts County of Suffolk On this 8 day of 19 98 before me personally came Virginia to me known, who, being by me duly sworn, did depose and say that s/he is the Attorney -in -Fact of the Federal Insurance the surety company described in and which executed the foregoing instrument; that s/he knows the seal of the corporation; that the seal affixed to the said instrument is such seal; that it was so affixed by the Attorney -in -Fact; and that s/he signed her/his name thereto by like order. Notary PubGtc) h4y Commission Expires October 29, 2004 . POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATfN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903 -2000 Fax No.: (908) 903 -3656 Know all Men by these Presents. That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Virginia M. Tighe, Stephen W. Grant, Richard A. Saul, Jr. , Diane M. Kelly and Michael A. Rosenberger of Boston, Massachusetts------------------- - - - - -- each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds or obligations (other than Bail Bonds) given or executed in the course of its business, and any instruments amending or altering the same, and consents to the modification or alteration of any instruments referred to in said bonds or obligations. In Witness Whereof, rho said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws, caused these presents to be signed by its Vice President and Assistant Secretary and ns comorale seal to be heroic affixed this 18th day of November 19 97 GCrpd'd19 Seat =�, '�, - iI te�nes^ C Wendel � Assistant Secretary STATE OF NEW JERSEY County of Somerset as, FEDERAL INSURANCE COMPANY By /Frei E. Robertson _ Vice resident o - -s 18th bay or November 19 97. before me personally came Kenneth- Wendel to me known and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY. he corporation descrced:n are which executed the foregoing Power of Attc. -ey, and the said Kenneth C. Wendel being by me duty swum, did depose and say that he is Ass.sta ^.t Secretary of FEDERAL INSURANCE COMPANY and knows me corporate seal thereof. Thai the seal affixed to the'.oregoing Power of Anomey is Stich corporate sea! and was therem affixed by autntinly of me By -Laws of said Company, and tha: ra s grec said Powe, of Attamey asAsas:ant Secretary of said Company by like authority: and that he is acquainted with Frank E. Robertson and knows him to be the Vice President i f safe Company, and that the signature cl sa:c Fan,, E Rooenson suoscrmed to said Power of Anomey is in the genuine handwming of said Frank E. Robertson and was Metals suoscdbed by simony of said Bylaws and in documents presence. Notanai Seal A pwledged and Swom to at on the the m above wn f y tn. r„ �h Notary Public CERTIFICATION STATE OF NEW JERSEY SS County of Somerset ::DDI �•. "£pyr: .'.;;i: �, ylnii 1£, 1 1, me undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereoy certify that the following is awe excerpt from the Bylaws of the said Company as adopted by ns Board of Diredors and 1nal This By Law is in full tome and effect. 'ARTICLE XVIII Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is aWhonaed by law or its charter m execute, may and shell be executed in the name and on behalf of the Company either by the Chairman or me Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or Momeys -in -tact designated in any resolution of the Board of Directors or the Executive Commirtea, Orin any power of attorney executed as provided for in Section 3 below, may execute any such bond, undenalking Or other obligation as Provided in such resolution or power of attomey Section 3. All powers of attomey for and on behalf of the Company may and shall be execmed in the name and on behml of me Company, either by ills Chairman or the Vice Chairman or ere President or a Vice President or an Assistant Vice President, jointly with the Secretary or anAssistam Secretary, under their respective designations. The signature of such officers may De ongraved, printed or lithographed. The signature of each of the following officers : Chairman, Vice Chairman, President. any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and tie seal of the Company may be affixed Dy facsimbe to any power of attomey or to any cartmcate mating thereto appointing Assistant Sediments or Attprrmys- in-Fad lot purposes only of executing and etteskng bonds end undertakings and other writings obligatory in the nature thereof, and any such Power m attorney or cenificate bearing Well fB lmile signature or facsimile seal shall be valid and binding upon pie Company and any such Power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with resp ri to any bond or and rmaking to which l is anachetl.' I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of Amen ". District of Columbia, Puerto Rico, and each of to Provinces of Canada with the exception of Prince Edward Imand; and is also duly licensed to become sole surety on bands, undertakings, etc., permitted or required by law. I, me undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby partly that the foregoing Power of Attorney is in full tome and alad. Given ono and the seal of said Company at Warren, N.J., this 8 day pl June 19 98 \yA +OiAti� Assistant Sepretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Form 15- 10 -DISS (Ed. S -95) CONSENT 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL IMPROVEMENTS CONTRACT NO, 3210 BOND N0. $t547517 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Signal Maintenance, Inc. hereinafter designated as the "Principal," a contract for construction of TRAFFIC SIGNAL IMPROVEMENTS, Contract No. 3210 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. 3210 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done. or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of one hundred three thousand one hundred ninety five and no/100 Dollars ($103,195.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable 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 0 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 1 day of July , 198 SIGNAL MAINTENANCE INC. Name of Contractor (Principal) Federal Insurance Company Name of Surety 700 Rte. 202 -206 North, Bridgewater, NJ 08807 Address of Surety (908) 218 -5273 Telephone jAoiz na tle Ogg, Jr., President Aut orized Agent Signature Michael A. Rosenberger, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of } ss. On July 6 1998 before me, Margarita C. Ottosson Notary Public Date Name and The of Officer (e.g . "Jane Doe. Notary Public') personally appeared * * * * ** Leroy J. Ogg Jr. Name(s) of Signer(sl X personally known to me proved to me on the basis of satisfactory evidence to be the person(*) whose name(sj is /&* subscribed to the within instrument and acknowledged to me that heiswsAW" executed the same in his /lae* oeif authorized capacity0"), and that by his /im�r signature(*) on the instrument the person(s±, or the entity upon behalf of which the pe:scr.-,n) acted, executed the instrument. WITNESS m� and official seai. t Place Notary Seal Above Stgnawre of Notary Pnhric OPTIONAL r Though the information below is not required bylaw, it may prove valuable to persons relying on the document and coula prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Top of thumb here •7 Corporate Officer— Title(s): Partner —!1 Limited ❑ General Attorney in Fact Trustee Guardian or Conservator :J Other: Signer Is Representing 0 1997 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 9 f 313 -2402 Prod. No 5907 Reorder: Call Toll -Free 1- 800 -876 -6827 0 ACKNOWLEDGMENT OF SURETY ,State of Massachusetts County of Suffolk On this 1 day of 0 19 98 . before me personally came Michael A. Rosenberger to me known, who, being by me duly sworn, did depose and say that s/he is the Attorney -in -Fact of the Federal Insurance the surety company described in and which executed the foregoing instrument; that s/he knows the seal of the corporation; that the seal affixed to the said instrument is such seal; that it was so affixed by the Attorney -in -Fact; and that s/he signed her/his name thereto by like order. 1 "_ .' Y-1110 vary Pu.buc) My Commission Expires October 29, 2004 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL IMPROVEMENTS CONTRACT NO. 3210 BOND NO. 51547517 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ Four Hundred Sixty Four ard00 /100 *being at the rate of $ 4.50 per thousand of the Contract price. *Dollars ($464.00) WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Signal Maintenance, Inc. hereinafter designated as the "Principal ", a contract for construction of TRAFFIC SIGNAL IMPROVEMENTS, Contract No. 3210 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 incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3210 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract, NOW, THEREFORE, we, the Principal, and Federal Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of one hundred three thousand one hundred ninety five and no /100 Dollars ($103,195.00), 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. 0 0 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 f'ie Principal executed this bond as an indiv,dual, 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 P;incipa! and Surety above named, on the 1 day of July , 19 98 SIGNAL MAINTENANCE INC. Name of Contractor (Principal) Federal Insurance Company Name of Surety 700 Rte. 202 -206 North, Bridgewater, NJ 08807 Address of Surety (908) 218 -5273 Telephone YA � i ign /Title eroy J. Ogg, Jr., President Authorized Agent Signature Michael A. Rosenberger, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT acknowledged to me that heielrwiNrrr executed the same in his,'�rriirl authorized capacity0w), and that by his /6*6 iwr signature*) on the instrument the pi or the entity upon behalf of which the person4r) acted, executed the instrument. WITNESS m h nd annd fficial seal. __. Pace Notary Seai Above S +gnata2 of Nctary Pcc�ic OPTIONAL Though the information below is not recuired by law. it may prove valuable to persons relying on the document and could prevent iraudulem : emoval and eattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: • Individual Top of thumC Here • Corporate Officer — Title(s): • Partner— �_ Limited '] General i • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: 0 1997 National Notary Association • 9350 De Soto Ave.. P.D. Box 2402 • Chats,vonh. CA 91313.2402 Prod. No. 5907 Reor0er. Can Toll-Free 1.800896 -6827 } State of California ss. County of grange ' On July 6. 1998 before me, Margarita C. Ottosson Notary Public Date Name and Title of Officer (e.g., 'Jane One. Notary Public') r personally appeared 4 vtR4fff ff11ff111ff11#Yffiif ' Leroy J Ogg, Jr. Narne(s) of Signers) - h personally known to me = proved to me on the basis of satisfactory evidence to be the person*) whose names# isima subscribed to the within instrument and acknowledged to me that heielrwiNrrr executed the same in his,'�rriirl authorized capacity0w), and that by his /6*6 iwr signature*) on the instrument the pi or the entity upon behalf of which the person4r) acted, executed the instrument. WITNESS m h nd annd fficial seal. __. Pace Notary Seai Above S +gnata2 of Nctary Pcc�ic OPTIONAL Though the information below is not recuired by law. it may prove valuable to persons relying on the document and could prevent iraudulem : emoval and eattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: • Individual Top of thumC Here • Corporate Officer — Title(s): • Partner— �_ Limited '] General i • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: 0 1997 National Notary Association • 9350 De Soto Ave.. P.D. Box 2402 • Chats,vonh. CA 91313.2402 Prod. No. 5907 Reor0er. Can Toll-Free 1.800896 -6827 • • ACKNOWLEDGMENT OF SURETY State Of Massachusetts County of Suffolk On this I day of 19 98 . before me personally came Michael A. Rosenberger to me known, who, being by me duly sworn, did depose and say that s/he is the Attorney -in -Fact of the Federal I the surety company described in and which executed the foregoing instrument; that s/he knows the seal of the corporation; that the seal affixed to the said instrument is such seal; that it was so affixed by the Attorney -in -Fact; and that s/he signed her/his name thereto by like order. JJ(Nolar u6lic) My Commission Expires October 29, 2004 • POWER OF ATTORNEY • FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903 -2000 Fax No.: (908) 903 -3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed. and does hereby constitute and appoint Virginia M. Tighe, Stephen W. Grant, Richard A. Saul, Jr. , Diane M. Kelly and Michael A. Rosenberger of Boston, Massachusetts------------------- - - - - -- each Its true and lawful Attorney -in -Fact to execute under such designation In Its name and to affix Its corporate seal to and deliver for and on its behalf as surety thereon or othervyi5e. bonds or obligations (other than Bail Bonds) given or executed in the course of its business, and any instruments amending or altering the same, and consents to the modification or alteration of any instruments referred to in said bonds or obligations. In Witness Whereat, the said FEDERAL INSURANCE COMPANY has, pursuant to its By Laws, caused these presents to be signed cy is vice President and Assistant Secretary and its comorate seal to be torero affixed this 18th day of November ig 97 Coro :ale'Seal.. �_'$ v �1 Kerre'^ C. ',retool Assistant Secretary STATE OF NEW JERSEY County of Somerset ss. FEDERAL INSURANCE COMPANY By /r / Fran E. Rooenspn/ IL Vice resident Dn :,ns 18th bay Of November 19 9 7 , before me personally came Kenneth C. Wentlel tome know,. and oy me known a be Assistant Secretary of FEDERAL INSURANCE COMPANY.:r.e :3=rauon oescmad in and wron exec too me foregoing Power of Anomey, and the said Kenneth C. Wentlel being by me duly swum, old eepcse arc say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the cpmorate seal thereof. hotline seal aRixed ro the foregoing Power cf Anomey e; such, corporate seat and was :hereto affixed! by 3umomy of the By Laws of said Company, and that ne s:g-.ed said Power of Attomey asAsseeam Secretary of said Company by like authority: and!hat rte is acquainted with Prank E. Robertson and knows him to be the Vice Presidenl of said Company, one that the signature cf said a.arx E. aocesdn suesoribed to said Power of Anomey ism the genuine handwriting of said Frank E. Roberson and was hereto subscabed oy authority of said By -Laws and :n aeponerfa presence. Ni deal �A now edged an Swore to datyyy''��9 me on the to aD've wnh�/ l2!_ <p�,• : =:D vu1.�Ij Nototary Public CERTIFICATION (ETA STATE OF NEW JERSEY -' -^ SS. County of Somerset } (om�.:; :9, : :'r _.. :..c' :i 18. is::: I, the uraenigned. Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby comfy that the following is a:.'ue exceml from me By -Laws of the said Company as adopted by its Board of Directors and that this By -iyw is in full tome and effect. 'ARTICLE %VIII Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or his thane, to execute, may and shall be executed in the name and on behalf of the Company either by the Chaimlan or the Vice Chairman or the President or a Vice President. jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or mom officers or attomoys- in.fact designated in any resolution of the Board of Directors or the Executive Committed, or in any power of attorney executed as provided for In Section 3 below, may execute arry such bona, undertaking or other obligation as provided In such resolution or power of attomey Section 3. All powers of attorney for and on behalf of the Company may and snail be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or Me President or a Vice President or an Assistant Vice President, jointly with the Secretary or anAsse ant Secretary, under their roMe ftwe designations. The signature of such officers may be engraved, printed or lithographed. The signature of soon of Me following officers : Chairman. Vice Chairmen, President, any Vice President, any Assistant Vice President. any Secretary, any Assistant Secretary and the seal of the Company may be elfix¢d by masimea to any power of attorney or to any certificate relating thereto appointing Aselstam Secretaries or Abomeys- in-Fam for pumoses only 0 exalting and anesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attomey or certificate bearing such facsimile signature or facsmile seat shall be valid and binding upon the Company and any such power so executed and conified by such facsimile signature and facsimile seal small be valid and binding upon the Company with respect to any bond or undertaking to which it is et foolm : I further ced'riy, that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business In seen of the States of he United States ofAmerica. District of Columbia. Puerto Rico. and each of to Provinces of Canada whin he excitation of Prince Edward Island: and is also duly licensed to become sole surety on bonds, undanalungs, etc., permmed of required by law. I, the undersigned Assistant Sanitary of FEDERAL INSURANCE COMPANY, do hereby cardly that the foregoing Power of Attorney is in full to= and effect. O'rren end and the seat of said Company at Wanen. N.J.. this J day of 'July 19 98 Assistant secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Form 15.10.0185 (Ed. 8.95) CONSENT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: '99 City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Reccoorded in the county of orange, California :E I Clerk/Recorder Fee "IR 30 A9 �1969a 20999 @179299 2:12pm @3/11/99 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 OFFli %. THE CITY rl FRK CIT' NOTICE OF COMPLETION 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Signal Maintenance, Inc. of Anaheim, California, as Contractor, entered into a Contract on June 22, 1998. Said Contract set forth certain improvements, as follows: Traffic Signal Improvements, C -3210 Work on said Contract was completed on January 27, 1999, and was found to be acceptable on January 27, 1999, by the City Council. Title to said property is vested in the Owner, ay(d the Surety for said Contract is Federal Insurance BY Ptiblic 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 r- 41-al (/ y 1q9! at Newport Beach, California. BY City Clerk �s February 22, 1999 CITY COUNCIL AGENDA ITEM NO, 6 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: TRAFFIC SIGNAL IMPROVEMENTS, CONTRACT NO. 3210 COMPLETION AND ACCEPTANCE - c RECOMMENDATIONS: LEB 2 2 i 1. Accept the work. AYE( RCVED 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 Traffic Signal Improvements contract to Signal Maintenance, Inc. of Anaheim, California. The contract provided for the installation of traffic signal heads, mast arms, Light Emitting Diodes (LED) signal indications and Opticom emergency vehicle preemption equipment at various locations within the City. 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: $103,195.00 Actual amount of bid items constructed: 104,445.00 Total amount of change orders: 0.00 Final contract cost: $104,445.00 An increase in the number of LED lenses installed over the original bid numbers resulted in an increase over the original bid amount. There were no change orders issued on this contract. The final overall construction cost was 1.2% over the original bid amount. • Subject: Traffic Signal Imp•ments, Contract No. 3210 - Completion acceptance February 22, 1999 Page 2 Funds for the project were budgeted in the State Gas Tax Fund as follows: 0 Description Account Number Amount Traffic Signal Improvements 7181- C5100425 49,789.00 LED Traffic Signal Indications 7181- C5100406 48,300.00 Traffic Signal Preemption System 7181- C5100408 15,425.00 TOTAL $113,514.00 All work was completed on January 27, 1999, the scheduled completion date. Respectfully submitted W PU LB IC WORKS DEPARTMENT Don Webb, Director By: //m 0 zL Horst Hlawaty, P.E. Construction Engineer F. \Users\PBW\Sbared\ COUNCIL \FV9e -99 \Feb -22 \Traffic Signal C- 3210.bw 1] 0 • CITY CLERK PAGE1 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 10:00 a.m. on the 11th day of June. 1998, at which time such bids shall be opened and read for TRAFFIC SIGNAL IMPROVEMENTS Title of Project Contract No. 3210 $135,000.00 Engineer's Estimate Approve 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 James Brahler. Proiect Manager at (949) 644 -3311. PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL IMPROVEMENTS CONTRACT NO. 3210 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 multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. PAGE 3 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 Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 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. 679111, C -10, A Contractor's License No. & Classification Signal Maintenance Inc. Bidder Thompson. Auk" Signature/Title Secretary June 10, 1998 Date PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL IMPROVEMENTS CONTRACT NO. 3210 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. Subcontract Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Signal Maintenance. Inc. Bidder Auth d ed Si ature/Title James .Th mpson, Secretary PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL IMPROVEMENTS CONTRACT NO. 3210 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. PAGE 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL IMPROVEMENTS CONTRACT NO. 3210 CONTRACT THIS AGREEMENT, entered into this 22nd day of June, 1998, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Signal Maintenance, Inc., hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: TRAFFIC SIGNAL IMPROVEMENTS Project Description 3210 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. 3210, 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: • 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. 3. 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 one hundred three thousand one hundred ninety five and no /100 Dollars ($103,195.00). 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: James Brahler (949) 644 -3311 Signal Maintenance, Inc. 2283 Via Burton Street Anaheim, CA 92806 (714) 563 -4000 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." 0 7. INSURANCE 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 1/73) 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 r� 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 are 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. 3. All Coverages 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_ Li 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 Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 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, the have caused this contract to be executed the day and year first written above. ATTEST: CITY CLERK LV 61• FORM: ' CITY OF N /� B C A Municip C p ati I By: Tho d ds, Mayor CONTRACTOR SIGNAL MAINTENANCE INC. B. LMhortzXSig&ere and Title Leroy J. Ogg, Jr., President AC-ORD. DATE (MMJDDNY) SURA. " v - � 29-JUN-1998 PRODUCER Willis Corroon Corporation of Massachusetts Three Copley Place 76093 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 Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Boston MA 02116-6501 (617) 437-6900 Anna Gulajski COMPANIES AFFORDING COVERAGE COMPANY Federal Insurance Company A INSURED COMPANY Hartford Fire Insurance Co B COMPANYTravelers Indemnity Company C Signal Maintenance, Inc. 2283 Via Burton Street COMPANY Anaheim CA 95632 .......... REPORTE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE WAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LErCq!BE-- 11--f-01. !-- UUBJECT -0 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co Lm TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD" POLICY EXPIRATION DAM (MM/DDIM LIMITS A GENERAL LIABILITY 35328089 01-JUL-1998 01-JUL-1999 GENERAL AGGREGATE $ 2,000,000 X1 PRODUCTS-COMP/OP AGG $ 1.000,000 COMMERCIAL GENERAL LIABILITY CI-AIMS MADE rx] OCCUR ---] PERSONAL & ADV INJURY $ 1,000,000 — EACH OCCURRENCE $ 1.000,000 OWNERS& CONTRACTOR'S PROT X FIRE DAMAGE An one I,.) $ 1.000.000 $100,0003IR I MED E XP An ... p,,son ) 10,000 I B AUTOMOBILE X LIABILITY ANY AUTO 08ABJ54000 01-JUL-1998 01,JUL-1999 COMBINED SINGLE LIMIT $ 1,000,000 BODILYINJURY (P. F.'..n) ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (P., azPd.e t) HIRED AUTOS NON OWNED AUTOS X PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO I EACH ACCIDENT $ AGGREGATE — LEXCESSLIABILITY EACH OCCURRENCE AU-REGATE HUMBRELLA FORM is OTHER THAN UMBRELLA FORM C WORKERS COMPENSATION AND EMPLOYERS'UABHJTY THE PROPRIETOR/ PARTNERS /EXECUTIVE INCL TDRJUB1 87T544-2-98 AS 01_jUL_1998 01_jUL_1999 X IW TORY ORTH Y LIMITS I I E EL EACH ACCIDENT -- $ 1.000,000 EL DISEASE- POLICY LIMIT $ 1.000,000 ELDISEASE-EAEMPLOYFF $ 1.000,000 OFFICERS ARE EXCL OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS SEE ATTACHED CEf TIF1CATE HOLDER CANCELLAT[ON ........ . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Newport Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Ron Garrett BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3300 Newport Boulevard OF ANY KIND N THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AU POR11M. REP ES NewportSeach CA 92658-8915 WILLIS CORROON INSURED Signal Maintenance, Inc. 2283 Via Burton Street Anaheim CA 95632 PRODUCER Willis Corroon Corporation of Massachusetts Three Copley Place Suite 300 Boston MA 02116 -6501 (617) 437 -6900 Anna Gulaiski IE DATE (MM /OO/YY) 29-JUN-1998 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER101 INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY, EXPIRATION LIMITS I Named Insured -- 2283 Via Burton Street, Anaheim, CA 92806 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS It is agreed that the "Persons Insured" provision under the Commercial General Liability and Auto Liability policies is amended to include as an Additional Insured the organization named herein, but only with respect to liability arising our of operation performed for such Additional Insured by or on behalf of the Named Insured. It is further agreed that this provision pertains only to liability caused by or resulting from negligence of the Named Insured. City of Newport Beach Attn: Ron Garrett 3300 Newport Boulevard Newport Beach CA 92658-8915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 23 1544 PP W. JN • TO 19496443318 P,01 • FAX TRANSMISSION WILLIS CORROON Corporation of Massachusetts Three Copley Place, Suite 300, Boston, MA 02116 -6501 —DA--I'E----Fj—uly 23,19.98 _ TO Shauna CO 'ANY: City of Newport Beach FROM: Anna Gulajski � rA 949- 644.3318 RE: Additional Insured Endorsement Number of pages �\ includingcoversheet Shauna, Attached is the Additional Insured Endorsement that you have been waiting for on behalf of Signal Maintenance, Inc. This endorsement automatically renews each year, but since July 1, 1998 was our renew date it takes a couple months for us to receive a 7/1/98 - 7/1/99 endorsement. This is an actual endorsement and the one that you will receive within the next couple of months will have the same additional insured wording but actually have the renewal dates on them. If you still have any questions or concerns please do not hesitate to call. Cc: Susan Crombie -Willis Corroon 23 15:45 FR 6J.. --v -An c.IN CLiability Insurance CMVBB Endorsement TO 19496443318 P.02 • Policy Period EKecave Dare Policy Number 3532.80 -89 CAS Insured THERMO ELECTRON CORPORATION Name of Company FEDERAL INSURANCE COMPANY Date Issued l':a F.:,, .:,ment apples to the followi,y forms EH LIABILII ti Who : • Insured Uesi9, red Person or - )r;a: : fion . a: .� surance '2 -2373 rt:r 4 -94) Under W ho Is Insured, the following provision is added: Am raison or .xganlzation designated below is an insured but ooly with respect to liability arising out of your operations or pre.ruse s ow ned by or rented to you De --- i:ated Person .,r Organization: "Per Ccruftcate on file with company ". All ctDcr term: and wnditions remain unchanged. Autror.zad ADDI %ZONAL INSU.RF0 PU44t; last page Page 1 ** TOTPL PPGE.02 ** Page PR -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL TRAFFIC SIGNAL IMPROVEMENTS CONTRACT NO. 3210 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required ' to complete Contract No. 3210 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ' ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Traffic Signal Modifications at San Miguel Drive /Avocado Avenue 7.440"l-ANri TwE6vG T �y @*NO NO gNeca 'fw4 'bllars and A..v Cents $ 107, !30 $ IQ, 1 30. oc. Per Lump Sum 2. Lump Sum Traffic Signal Modifications at Jamboree Road /University Drive — Eastbluff Drive 5,e,,eM rrlo�a SAN O @E /GIaT /F4 ti DR&D Dollars and . AN A h a r./ kkt GaAs $ l Fyo $ 7. A10. o 0 Per Lump Sum 05/26/98 0 0 Page PR -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. Lump Sum Traffic Signal Modifications at Von Karman Avenue at Birch Street sA�+D, s-iFrde --A T u @ W44de N(4m#etro Dollars and Ny Cents $ /S, 300 $ I 300.00 Per 4. Lump Sum Traffic Signal Modifications at Jamboree Road /Island Lagoon - Hyatt — Newporter Resort 7&.-O j/do LAAti0 @eNE NuNDReD Dollars and o Cents $ .2,/00 $ a./00. Per Lump Sum 5. Lump Sum Traffic Signal Modifications at Jamboree Road /Backbay Drive Tom"• 7f e>d4fAMj) @aNe /IuuD�¢E�7 Dollars and n+ a Cents $ 00 $ 07. /Do. 0 0 Per Lump Sum 6. Lump Sum Furnish and install Opticom at Coast Highway /Newport Center Drive SB.E�j isfOµsAwiD, R C4 Dollars and ,emu Cents $ 7 oo $ 7plao.00 Per Lump Sum 7. Lump Sum Furnish and Install Opticom at Jamboree Road/ MacArthur Boulevard EiF,Nf TNout.n�D, @Two ,(IV�+ORep Dollars and AND T'&yCur7YiFoyE '6946 $ 8 -3s 0 Per Lump Sum POLL^,eS 05/26/98 0 0 Page PR -3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 171 Each Furnish and Install 12" Red LED Circular Lenses at Locations Shown on Exhibit "A" @ %�y WmouDRZO Dollars and T&..c,V7r abl.I.AAS dears $ a2 o $ 37, 4 Qo- oQ Per Each I 1 onrE AluA i),eff7 7-mREE Dollars r"OCA SAND. e,.,e M&4 *+0 /2G•i and Aw-D ...,NETS -F,VC- DOLLAAA 4111111016 $ Total Price Bidder's Name Signal Maintenance, Inc. Bidder's Address 2283 E. Via Burton Street Anaheim CA g ?RnS Bidder's Telephone Number 714-563-4000 714-563-3178 - FAX Contractor's License No. & ,Tnno in, 1ggR Date 05/26/98 James R. Thompson, Secretary 9. 12 Each Furnish and Install 8" Red LED Circular Lenses at Locations Shown on Exhibit "A" AhD e^+E NedNDRe0 @ N IA1 Cry Dollars ' and A, o Cents $ / 90 $ -- Z F(O, vv Per Each ' 10. 56 Each Furnish and Install 12" Red LED Arrow Lenses at Locations Shown on Exhibit "A" ' p^,e -444+ oecD @ AN D. fiFc r Dollars and 1--30 Cents $ / Sp , oa $ Per TOTAL PRICE IN WRITTEN WORDS I 1 onrE AluA i),eff7 7-mREE Dollars r"OCA SAND. e,.,e M&4 *+0 /2G•i and Aw-D ...,NETS -F,VC- DOLLAAA 4111111016 $ Total Price Bidder's Name Signal Maintenance, Inc. Bidder's Address 2283 E. Via Burton Street Anaheim CA g ?RnS Bidder's Telephone Number 714-563-4000 714-563-3178 - FAX Contractor's License No. & ,Tnno in, 1ggR Date 05/26/98 James R. Thompson, Secretary CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Superior Signal Service Corporation 7224 Scout Avenue Bell Gardens, California 90201 Gentlemen: (714) 6443005 July 6, 1998 Thank you for your courtesy in submitting a bid for the Traffic Signal Improvements (Contract No. 3210) 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 E 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TDS Engineering 2899 Agoura Road, Suite 171 Westlake Village, California 91361 Gentlemen: (714) 644 -3005 July 6,1998 Thank you for your courtesy in submitting a bid for the Traffic Signal Improvements (Contract No. 3210) 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 n U 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Computer Service Company Division 4570 E. Eisenhower Circle Anaheim, California 92807 Gentlemen: (714) 644 -3005 July 6, 1998 Thank you for your courtesy in submitting a bid for the Traffic Signal Improvements (Contract No. 3210) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC/ AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 C3YIY0 June 22,1998 CITY COUNCIL AGENDA ITEM NO. 16 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: TRAFFIC SIGNAL IMPROVEMENTS - CONTRACT RECOMMENDATIONS: 1. Approve the plans and specifications. JUN 2 2 µ (11 -3�10 mil- L6 A -0" 2. Award Contract No. 3210 to Signal Maintenance, Inc. for the total bid price of $103,195.00 and authorize the Mayor and the City Clerk to execute the Contract and establish an amount of $10,319.00 for unforeseen work. • 3. Authorize a budget amendment to transfer funds in the amount of $51,722.50 from Account No. 7181- C5100068 (Traffic Signal Installation /Upgrade), and appropriate as follows: a) $49,789.00 to Account No. 7181- C5200425 (Traffic Signal Improvements); and b) $1,933.50 to Account No. 7181- C5200408 (Traffic Signal Priority System). DISCUSSION: At 10:00 A.M. on June 11, 1998, the City Clerk opened and read the following bids for this project: Bidders Amount Low Signal Maintenance, Inc. $103,195.00 2 Computer Service Company $107,942.50 3 TDS Engineering $109,003.00 4 Superior Signal Service Corporation $122,385.00 The low bidder is 24% less than the Engineer's estimate of $135,000. I* Signal Maintenance, Inc. of Anaheim, California, the low bidder, has performed previous contract work satisfactorily for the City. SUBJECT: TRAFFIC SIGNAL IMPROVEMENTS —AWARD OF CONTRUCTIO9CONTRACT NO. 3210 June 22,1997 Page 2 The proposed improvements at various locations in the City include: • Installation of protected left turn phasing at Von Karman Avenue at Birch Street; • Separation of the easttwest phases on San Miguel Drive at Avocado Avenue to reduce the westbound congestion by providing an additional left turn lane; • Addition of mast arm signal indications on Jamboree Road at University Drive - Eastbluff Drive, at Island Lagoon- Hyatt- Newporter and at Backbay Drive; and • Installation of Emergency Vehicle Preemption (EVP) equipment at Coast Highway and Newport Center Drive and at Jamboree Road and MacArthur Boulevard. The improvements also include the retrofitting of 239 energy saving red Light Emitting Diodes (LED) signal indications at the locations specified on the attached Exhibit "A" These improvements will increase traffic safety as well as save electrical energy. Funds for the project are proposed as follows: ACCOUNT NUMBER ACCOUNT TITLE AMOUNT 7181- C5200406 LED Traffic Signal Indications $48,300.00 7181- C5200408 Traffic Signal Priority System 15,425.00 7181- C5200425 Traffic Signal Improvements 49,789.00 TOTAL $113,514.00 Respectfully submitted, �i r PUBLIC WORKS DEPARTMENT Don Webb, Director By: 1 J mes E. Brahler, P.E. ssociate Engineer Attachment: Bid Summary Exhibit "A" f. 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M wi w w N QQ Q Q F f _ m a d O Q m c x L S ° J zz pg a a' y J W J r7 W UOONfo' 0 N 0 W N pp F K m > W c c W .9 f0 N .� b .L O) C L E E E E E G U N l'1 ♦ N t0 A O) W O Ei N Install Red light Emitting Diodes (LEDs at the following intersections; Jamboree Rd at Backbay Dr. Jamboree Rd at Island Lagoon Jamboree Rd. at Santa Barbara Dr. Jamboree Rd. at San Joaquin Hills Rd.. Jamboree Rd. at Bison Ave. Jamboree Rd. at Eastbluff Dr. - University Dr. Jamboree Rd. at Bayview Way Birch St. at Von Karman Ave. Birch St. at Dove St. Birch St at Quail St. Newport Center Dr. at San Miguel Dr. Newport Center Dr. at Santa Rosa Dr. Newport Center Dr. at Santa Cruz Dr. Newport Center Dr, at Santa Barbara Dr. San Miguel Dr. at Avocado Ave. Total 8" Red LED Total 12" Red LED Total 12" Red Arrow 12 Ea. 171 Ea. 56 Ea. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT install Light Emitting. Diode ( LED) Red DRAWN RON DATE-4 / so / 9a me APPROVED TRAFFIC ENGINEER R.E. NO- VIA Z2D S' -H nnnrur�r.+ ..n C..Li1.Ct• 19 Ci#of Newport Beach NO. BA- 079 BUDGET AMENDMENT • 1997 -98 AMOUNT' Ss1,72zso AFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance X Transfer Budget Appropriations X No effect on Budgetary Fund Balance X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To improve specified traffic signals increasing traffic safety and save electrical energy. ACCOUNTING ENTRY: BUDGETARYFUND BALANCE • Fund Account Description 010 3605 Fund Balance Control I ..EVENUEAPPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIA77ONS (3603) Description Division Number 7181 Gas Tax Account Number C5100068 Traffic Signal InstallabonAJpgrade Division Account Division Account Division Account Signed: 0 fined: Signed: Number 7181 Gas Tax Number C5200425 Traffic Signal Improvements Number 7181 Gas Tax Number C5200408 Traffic Signal Priority System Number Number City Council Approval: City Clerk Amount Debit Credit f $51,722.50 Automafic $49,789.00 $1,933.50 1a -7 Date Date Date Cip of Newport Beach* NO. BA- 079 BUDGET AMENDMENT A 1� 1997 -98 AMOUNT: 551,722.50 "FFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations A&D Decrease in Budgetary Fund Balance X Transfer Budget Appropriations X No effect on Budgetary Fund Balance I BY THE CITY COUNCIL X from existing budget appropriations CITY OF NEWPORT BE from additional estimated revenues jo 2 2 1998 from unappropriated fund balance EXPLANATION: ❑ APRf?1IG1 This budget amendment is requested to provide for the following: To improve specified traffic signals increasing traffic safety and save electrical energy. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Fund Account Description 010 3605 Fund Balance Control i .EVENUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7181 Gas Tax Account Number C5100068 Traffic Signal Installation/Upgrade $51,722.50 Division Number 7181 Gas Tax Account Number C5200425 Traffic Signal Improvements Division Number 7181 Gas Tax Account Number C5200408 Traffic Signal Priority System Division Number Account Number Signed: aned: Signed: Director City Council Approval: City Clerk Automatic Credit $49,789.00 $1,933.50 Date Date Date