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Home My WebLink AboutC-3258 - Newport Heights Street Lighting Replacement (Construction)April 25, 2001 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Mr. Jim Perry DBX, Inc. 42066 Avenida Alvarado, Suite C Temecula, CA 92590 Subject: Newport Heights Street Lighting Project (C -3258) Dear Mr. Perry: On April 25, 2000, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on June 1, 2000. contract is Great American Insurance Company, and the 3972791. Enclosed is the Faithful Performance Bond. Sincerely, 4 � fir LaVonne M. Harkless, CMC /AAE City Clerk LH:lib cc: Public Works Department enclosure 3300 Newport Boulevard, Newport Beach The Surety for the bond number is 41 0 EXECUTED IN FOUR (4) COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS' STREET LIGHTING CONTRACT NO. 3258 BOND NO. 3972791 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ 7.20 1,672.00 thousand of the Contract price. PAGE 16 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion, awarded to ** hereinafter designated as the "Principal ", a contract for construction of NEWPORT HEIGHTS' STREET LIGHTING, Contract No. 3258 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. 3258 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and * ** duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of two hundred thirty -two thousand, one hundred fifty-eight and 00 /100 Dollars ($ 232,158.00), 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. ** PRINCIPAL - DBX, INCORPORATED * ** SURETY - GREAT AMERICAN INSURANCE COMPANY PAGE 17 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 obligafions 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 _., JULY '1999 DBX, INCORPORATED Name of Contractor (Principal) Aut rized Si nature/Title JIM ERRY, "RESIDENT GREAT AMERICAN INSURANCE COMPANY Name of Surety P.O. BOX 5440, ORANGE, CA 92863 -5440 Address of Surety (714) 740 -2400 Telephone � ;� �C 4 &Jeaan Authorized Agent Signature DAVID L. CULBERTSON, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL- PURPOS•ACKNOWLEDGMENT State of California County of Riverside ;e On July 12, 1999 before me, Phyllissa G. Maynor, Notary Public Dale Name and Title of Officer (e.g., 'Jane Doe. Notary Public') personally appeared Jim Perry Name(s) of Signer(s) )C personally known to me - OR - C1 proved to me on the basis of satisfactory evidence to be the personlb) whose name(A) isf= subscribed to the within instrument and acknowledged to me that heexecuted the same in his /{ authorized capacity(ies), and that by PHYLIJSSA G, MAYNOR L his/I signature(% on the instrument the person(1n, Commission #109791! 1 or the entity upon behalf of which the personN) acted, i NotoryPublic - California £ executed the instrument. Riverside County – MY Comm. EvZAUglt'amp WITNESS my hand and official seal. r $ignalura of Notary Public OPTIONAL Though the information below is not required by law, 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(s) Signer's Name: Jim Perry El Individual X Corporate Officer Title(s): President & Sec. /Treas. ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee Guardian or Conservator , ,J Other: Top of thumb here Signer Is Representing: DBX, Inc. Signer's Name: ❑ Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: a 0 1995 National Notary Aesodalbn - 8236 Rertmet Ave., P.O. Box 7184 - Cartage Park, CA 91309 -7184 Prod. No. 5907 Reorder. Call TOI4Frae 14 W-8 O-OW' n u CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 07 -06 -99 before me, KAREN CHANDLER - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Chan le' -- -.. �Ci/(o� ` ✓ C� (;��'ii,_; Comm. �c 0`63GORrnA4 Signature of Notary Publics L;, caANG�aO zi. 2oo0 � 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. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMV7 NUMEER OF PAGES 2 DATE OF DOCUMENT 07 -06 -99 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER (s) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING• GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S( • 0 GMIU AMERICAN INSURMCE COMPANY° 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513.369 -5000 • FAX 513.723 -2740 The number of persons authorized by this power of attorney is not more than No. 013630 SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof. provided that the liability of the said Companv on arty such bond, undertaking or contract of suretyship executcd under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASK014SKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE R.A. COON CALIFORNIA Phis Power of Attorney revokes all previous powers issued in behalf of the auortiey(s ) -in -fact named above IN WITNESS %V'H EREOF the GREAT AMERICAN INSU RANCE COM PANT has caused these presents to besigned and attested by its appropriate officers and its corporate seal hereunto affixed this 2nd day of February .1999 Attest GREAT ANIERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HAMILTON —ss: On this 2nd day of February, 1999 . before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati. Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and whichexecuted the above instrument; that he knows theseal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one ofthem, be and hereby is authorized, from time to time, to appoint one or more Attorneys -I n -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, orother written obligation in thenature thereof, such signature and seal when so used being hereby adopted by the Companv as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoingt Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force arid effect. Signed and sealed this 6TH day of JULY 1999 - j. 510295(11197) June 1, 2000 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 Mr. Jim Perry DBX, Inc. 42066 Avenida Alvarado, Suite C Temecula, CA 92590 Subject: Newport Heights Street Lighting Project (C -3258) To Whom It May Concern: On April 25, 2000, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on April 27, 2000, Reference No. 20000217985. The Surety for the contract is Great American Insurance Company, and the bond numbers are 1306665 and 3972791. Enclosed are the Bidders Bond and the Labor & Materials Payment Bond. Sincerely, 01d(/4� M. 446, LaVonne M. Harkless, CMC /AAE City Clerk LMH:lib cc: Public Works Department Michael Sinacori, Project Manager encls. 3300 Newport Boulevard, Newport Beach r BOND 111306665 PREMIUM - NIL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS' STREET LIGHTING CONTRACT NO. 3258 BIDDER'S BOND PAGE 3 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 AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT HEIGHTS' STREET LIGHTING, Contract No. 3258 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 1ST day of DBX, INCORPORATED Name of Contractor (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety P.O. BOX 5440, ORANGE, CA 92863 -5440 Address of Surety (714) 740 -2400 Telephone JUNE 19 99 . •A� uu- rized Signature7TAle Authorized Agent Signature DAVID L. CULBERTSON ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALI00RNIA ALL•PURPOSILKNOWLEDGMENT State of California County of Riverside On c I 1cJ . �qq before me, Phyllissa G. Maynor, Notary Public Date Name and Title of Office, (e.g.. -Jane Due Nolary Public') personally appeared Jim Perry Nam(s) _X personally known to me –OR---,-' proved tome on the basis of satisfactory evidence to be the person (6) whose name§{;) ism* subscribed to the within instrument and acknowledged to me that helbbedW executed the same in his/191Pffilf & authorized capacityW, and that by PHYLUSSAG MAYNOR his / { signature(40 on the instrument the person(§), ommission #1097914 or the entity upon behalf of which the personQt) acted, NVOMM, ary Public - CaOtamta executed the instrument. Riverside COun tYl l — 6cpees/c9 WITNESS my hand and official seal. 11 Ll wOa Kj :)k n�� - Signature of Nolary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could proven: 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(s) Signer's Name: jim Pam _ Individual Corporate Officer Title(s): President Partner — 7 Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator _= Other: Signer Is Representing: Signer's Name: 1❑ ❑ Number of Pages: Individual Corporate Officer Title(s): Partner — Limited Attorney -in -Fact Trustee General Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1995 Nauunai Nota,, ASSJCIalion • 5236 Rommel Ave.. PC Box. 7184 • Canoga Part. CA 913094184 Pied. No 5907 Roordec Call Tell-Free 18M -W6 6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 06 -01 -99 before me, personally appeared _ known to me to be th within instrument and same in his authorized instrument the person person acted, executed LEXIE SHERWOOD - NOTARY PUBLIC DAVID L. CULBERTSON personally person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNES my hand and official seal. (rSf' Lexie Sherwood U Comm. 01148920 (� U NOTARY PUBLIC CAUFORNIAr a re of N6 ub is ORANGE COUNTY Comm Ezp July 27 2001 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. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT I NU!ffiER OF PAGES DATE OF DOCUMENT 06 -01 -99 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE (S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) 0) 0) GMU AMERICAN INSURANCE COMPANY0 580 WALNUT STREET • CINCINNATI, OHIO 45202 . 513 - 369 -5000 • FAX 513 - 723 -2740 'The number of persons authorized by this power of attorney is not more than No. 013630 SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASK014SKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE R.A. COON CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WH EREOF the GREATAMERICAN INSURANCE COMPANY hascaused these presents to besigned and attested by its appropriate officers and its corporate seal hereunto affixed this 2nd day of February ,1 999 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OH IQ COI: NTY Of- HAM II -TON — ss: On this 2nd day of February, 1999 . before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed theabove instrument; that he knows the seal; that it was soaffixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto be like authority. This Power of Attorne} is eranted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoin t one or more Attorneys -In -Fact to execute on behalf of the Company, as surety, an v and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,, to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when soused being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and scaled this SI019S 11 1197) 1ST day of JUNE 1999 EXECUTED IN FOUR (4) COUNTERPARTS PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS' STREET LIGHTING CONTRACT NO. 3258 BOND NO. 3972791 PREMIUM INCLUDED IN 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 ** hereinafter designated as the "Principal," a contract for construction of NEWPORT HEIGHTS' STREET LIGHTING, Contract No. 3258 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. 3258 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 two hundred thirty-two thousand, one hundred fifty -eight and 00/100 Dollars ($232,158.00), 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, implemenfs or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. ** PRINCIPAL - DBX, INCORPORATED * ** SURETY - GREAT AMERICAN INSURANCE COMPANY 0 •l PAGE 15 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 Califomia. 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 6TBday of JULY , 19,_gg. DBX, INCORPORATED Name of Contractor (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety P.O. BOX 5440, ORANGE, CA 92863 -5440 Address of Surety (714) 740 -2400 Telephone Autt@nzed SignaturelTitle JIM PERRY, PRESIDENT Authorized Agent Signature DAVID L. CULBERTSON, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL•PURPOACKNOWLEDGMENT •� State of California County of Riverside On July 12, 1999 before me, Phyllissa G. Maynor, Notary Public Oat. Name ar iJ Title of Officer (e.g.. 'Jame Doe, Notary Public") personally appeared .Tim Perry Name(a) of Signer(6) Y-j personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person) whose name(X) is)bM subscribed to the within instrument and acknowledged to me that het executed the same in his /kRrAft authorized capacity(ies), and that by PHYLLISSA G. MAYNOR his/I j{ signature(Q on the instrument the person(t�, Commission #1097914 or the entity upon behalf of which the person(19) acted, `� NoforyPublic- cclifomio 7� executed the instrument. Riverside County WComm.6Pre5Aug11,2XO WITNESS my hand and official seal. 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(s) Signer's Name: Jim Perry Individual XI Corporate Officer ❑ ❑ n J Title(s): President & Sec. /Treas. Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: DBX, Inc. RIGHT THUMBPRINT OF SIGNER Signer's Name: J Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited Attorney -in -Fact Trustee ❑ General Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1995 National Notary Assouefio, • 8236 Rummer Ave.. P.O. Boa 71 Be • Canoga Perk. CA 91309.7194 Poo. No. 590] Remoer: Cell Toll-Free 14300.8768827 0 •1 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 07 -06 -99 before me, KAREN CHANDLER - NOTARY PUBLIC personally appeared _ known to me to be th within instrument and same in his authorized instrument the person person acted, executed DAVID L. CULBERTSON personally person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNESS my hand and official seal. _�-�___ i Koren Chandler 3 . � Comm. #1076369 0 Signature of Notary Publi 0 °� NOTARY PUBUC CALIFOfWIAA C ORANGE COUNTY 0 G Comm. Erp. March 27.2WO � 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. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 2 DATE OF DOCUMENT 07 -06 -99 CAPACITY CLA—T !ED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITYISI RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded ,n Of *icia! hne;.zr�+E.: �t-unr, of Orange Gary Granville. Clerk- Recorder liG i (� 5� .25 115 12 N12 1VV�`' ILr.�Q 0.00 0.00 0.00 O.n0 Gt�l "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and DBX, Inc. of Temecula, California, as Contractor, entered into a Contract on June 28, 1999. Said Contract set forth certain improvements, as follows: Newport Heights Street Lighting Project, C -3258 Work on said Contract was completed on March 7, 2000, and was found to be acceptable on April 25, 2000, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. 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 �t,g �` (H , C. c C at Newport Beach, California. BY City Clerk �� . b? 11 P� NF • ( 38) C -3 &58 April 25, 2000 CITY COUNCIL AGENDA ITEM NO. 7 TO: Mayor and Members of the City Council 3 FROM: Public Works Department APPROVED � SUBJECT: NEWPORT HEIGHTS STREET LIGHTING, CONTRACT NO. 3258 - COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On June 28, 1999, the City Council authorized the award of the Newport Heights Street Lighting contract to DBX, Inc., of Temecula, California. The contract provided for the replacement of 44 incandescent street lights and approximately 10,000 feet of obsolete electrical conduit and wiring, within the City's 15 -year conversion program. 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: $232,158.00 Actual amount of bid items constructed: 217,958.00 Total amount of change orders: 3,903.25 Final contract cost: $221,861.25 The decrease in the amount of actual bid items constructed over the original bid amount resulted from the installation of less conduit than the estimated amount of conduit as per bid item quantities. The final overall construction cost including change orders was 4.4% under the original bid amount. One change order in the amount of $3,903.25 provided for two street lights to be delivered to the City Yard for future replacement stock. SUBJECT: Newport Heights Streeehting, Contract No. 3258 - Completion And Accepo April 25, 2000 Page 2 Funds for the project were budgeted in the following account: Description Account No. Amount Street Light Conversion Program 7014- C5300025 $ 19,777.08 Street Light Replacement Program 7014- C5300035 $202,084.17 All work was completed on March 7, 2000, ahead of the scheduled completion date of May 16, 2000. Respectfully submitted, 0 �✓�C/ PUBLIC WORKS DEPARTMENT Don Webb, Director By:` Horst Hlawaty, P.E. Construction Engineer F: \Users \PBW\Shared \COUNCIL \Fy99- 00\Apol -25 \Newport Heights Street Lighting C -3258 .doe • CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS 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 11:15 a.m. on the 16th day of June, 1999, at which time such bids shall be opened and read for NEWPORT HEIGHTS' STREET LIGHTING Title of Project Contract No. 3258 $250,000 Engineer's Estimate A provedd a �(� 11 - 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, Project Manager at(949)644-3311. • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS' STREET LIGHTING CONTRACT NO. 3258 TABLE OF CONTENTS NOTICE INVITING BIDS ................................. ............................... ..........................Cover INSTRUCTIONS TO BIDDERS ...................................................... ............................... 1 BIDDER'S BOND .............................................................................. ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ..................................... ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............ ............................... 5 NON - COLLUSION AFFIDAVIT ........................................................ ............................... 6 NOTICE TO SUCCESSFUL BIDDER ............................................. ............................... 7 CONTRACT.................................................................................... ............................... 8 LABOR AND MATERIALS BOND .................................................. ............................... 14 FAITHFUL PERFORMANCE BOND .............................................. ............................... 16 PROPOSAL............................................................................... ............................... PR -1 SPECIALPROVISIONS ............................................................. ............................... SP -1 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS' STREET LIGHTING CONTRACT NO. 3258 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 quantifies 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. 0 0 PAGE 2 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. a�{r75� 1 1 C -10 a x� Contractor's License No. & Classification Bidder n thorized Signature/Title tai C) C) Date PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS' STREET LIGHTING CONTRACT NO. 3258 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. 2. 3. 4. 5. 6. 7. 8. 9. 10. 62 Bidder Subcontract Work Subcontractor Address 0 0 PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS' STREET LIGHTING CONTRACT NO. 3258 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 Person Telephone To Contact Number 1�1g9 C&� Nro-nS yinC'e- ByrneS Wci- ylol-y� -11`11 pj2p—or�A ad. 4 -(o(4) 1 P6 f)(14 gt)33 Iqq�) (� t c l nVzP 4 is no e ULtt.Ch MOCKey L two S : n--)O-in S-' L.a ILe �LS�no: Pi C-1�4 AaE>30 Signature/Title • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS' STREET LIGHTING CONTRACT NO. 3258 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of iv'erJide,) PAGE 6 i m Perry , being first duly sworn, deposes and says that he or she is -Prl.S CFPJA1- of 1).j3X .lv)e, , 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 or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, 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. CI elf-11 Bidder ALOorized SignaturerTitle Subscribed and sworn to before me this 6 day of I L I f't-e— .1999. Notary Public MZ" PHYLLISSA G. MAYNOR _ QMyC0n1M.5q*e5AU91 Commission #1097914 z Notary Public - C allfomio Riverside County 1,X100 [SEAL] My Commission Expires: S ) I I UCU 0 0 PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS' STREET LIGHTING CONTRACT NO. 3258 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 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS' STREET LIGHTING CONTRACT NO. 3258 CONTRACT THIS AGREEMENT, entered into this 28.. day of June, 1999, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and DBX, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: NEWPORT HEIGHTS' STREET LIGHTING Project Description 3258 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractors bid, and the compensation set forth in this Contract, is based upon Contractors careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidders Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3258, Standard Specifications for Public Works Construction (current adopted 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. B. 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: 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. 0 PAGE 9 C. COMPENSATION 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 thirty -two thousand, one hundred fifty -eight Dollars ($232,158.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specked 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. E. 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. Sinacoh (949) 644 -3342 DBX, Inc. 42066 Avenida Alvarado Suite C Temecula, CA 92590 Attention: Jim Perry (909) 676 -0115 F. LABOR CODE 3700 LIABILITY INSURANCEContractor, 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." G. INSURANCE 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. 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 PAGE 10 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. 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. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) 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. b) 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. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) 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. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. 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. PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages 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. ii. 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. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. 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. v. 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. b) 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. c) All Coverages 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. 5. 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 0 PAGE 12 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. 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. H. RESPONSIBILITY FOR DAMAGES OR INJURY 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. 2. Contractor shall be responsible for any liability imposed bylaw 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. 3. 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. 4. To the extent authorized bylaw, 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. 5. 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 H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. 0 0 Page 13 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. 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 parties hereto have caused this contract to be executed the day and year first written above. " 1 ATTEST: 1, APP D AS TO FORM: CITY ATTORNEY CITY OF NEWPORT BEACH A Muni i I Corporation By Dennis D. O'Neil, Mayor DBX, INC. By.. �` resident & Sec. /Treas. thorized Signature and Title ICALIFORNIA ALL•PURPOSACKNOWLEDGMENT State of California County of Riverside On July 12, 1999 before me, Phyllissa G. Maynor, Notary Public Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public') personally appeared Jim Perry Name(s) of K personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personj%) whose name(j) isfbM subscribed to the within instrument and acknowledged to me that heexecuted the same in his /{ authorized capacity(ies), and that by PHYLLISSA G. MAYNOR L his /l g signature(s) on the instrument the person(l), Commission #1097914 1 or the entity upon behalf of which the person(g) acted, Notary Public - California executed the instrument. Riverside County - MYCanm. 150iesAUg 11.8100 WITNESS my hand and official seal. 8ignatu of Notary Public —P OPTIONAL Though the information below is not required by law, 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(s) Signer's Name: Jim Perry Ell Individual * Corporate Officer Title(s): President & Sec. /Treas. ❑ Partner —❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other; Top of thumb here Signer Is Representing DBX, Inc. Number of Pages: Signer's Name: ❑ Individual O Corporate Officer ■ ■ ■ ■ ■ Title(s): Partner — Cl Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 01995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll -Free 1- 800-67648627 Ll BID SCHEDULE "A" CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL Page PR -1 NEWPORT HEIGHTS' STREET LIGHTING CONTRACT NO. 3258 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. 3258 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 LUMP SUM Mobilization R ve huntlen) Dollars and Per Lump Sum no Cents $ 3 4' 2. LUMP SUM Traffic Control @rwe)v-e hLtn" Dollars and rw Cents, Per Lump Sum $ 1,� 3. U 5. Page PR -2 8 Replace existing street light standard EACH with 10 -foot concrete street light standard on existing foundation complete with 55 -watt "QU, 240V luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. @ -FLUJ S(jP Dollars �,T1 and Se�ea� hwndrPLl r?! � ""`r tW p Cents Per Each DO a.vj $1 }1a S.-I $ 2a,� °�`�' 36 Replace existing street light standard EACH with 10 -foot concrete street light standard on new foundation complete with 55 -watt "QU, 240V luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. @ TLOO-d� -LULAJ Dollars and SQxf to hkkrdrm 64q(�.j tLU O Cents Per Each oo laL � $ i W,15 ;1 1 Modify service cabinet to provide 2- EACH 2P 20 amp breakers and connect wiring. @ OD {? h Dollar; and r'y Cents Per Each $ ) W $ 9,000 Install 11/4-inch PVC conduit with 2- LINEAR FT. #8 insulated conductors and 148 bare conductor. @ Dollar and �� Cents �y7, Per Linear Ft. $ j IO0 $ I "1,W o9 7 4 0 500 Install 248 insulated conductors and LINEAR FT. 148 bare conductor in existing conduit. 0 Page PR -4 @ IOD Dollar and Cents a, Per Linear Ft. $ Q. $ aso _— 50 Install 4 #8 insulated conductors and LINEAR FT. 1 #8 bare conductor in existing conduit. @ T AL)0 Dollars and r'lib Cents Per Linear Ft. 50 Install 31/2 F concrete pull box per EACH CNB STD -204 -L and STD - 205 -L. $ .acx� $ DOcls� @ Dollar and Per Each i W Cents $ (per C� 3 $ ; 000� �, - 10. 13 Remove existing pull box. Remove EACH existing conduit and conductors and restore surface to match adjacent area. @( neht[, A.rO 1-�Etj/ Dollar and ✓W Cents o„ Per Each $Is().— $1.gsoc"'' 11. 1 Replace existing #3 -1/2F pull box with EACH new #5F pull box. @nne h U1&rrd C%/Dollars and � Cents Per Each $ $ 1c?s' Page PR -5 12. LUMP SUM Relocate existing signs onto new street light standards as indicated on Plans. @ T-I'Lt2 huxnct-C Dollars and tW Cents c_x, 50D Per Lump Sum $ � _ TOTAL BID SCHEDULE "A" PRICE IN WRITTEN WORDS r and Cents $ Total Price (Figures) Bidder's Name � -,ly 1C_ Bidder's Address q 2Q(n p FIVE'n'140, )q) VCIt^CtC)) 4'(2-, T-Pme t Lb I CIV-3 q0590 Bidder's Telephone Number q( 'R- Lb-7(n- Cal IS Contractors License No. & SR Date THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Calco Ins Brokers 8 Agent ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lic. No. OB29370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1450 Frazee Road 0200 COMPANIES AFFORDING COVERAGE San Diego CA 92108-1337 ! COMPANY (619) 260 -3844 A American Automobile Ins. Co. INSURED COMPANY DBX, Inc. B HIH America 42065 Avenida Alvarado, Ste. C COMPANY Temecula, CA 92590 C COMPANY I D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREDNAMED ABOVEFOR THE POLICY PERIOD INDICATED,NOT W ITHSTANDING ANY REQUIREMENT, TERMORCONDITION OF ANYCONTRACT OR OTHERDOCUMENT W ITHRESPECTTO W HICHTHIS CERTIFICATE MAYBE 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 LTR TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE I DATE (MMiDOIYY) POLICY EXPIRATIONI DATE (MMIDDIYY) LIMITS 'GENERAL A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR OWNER'S A CONTRACTOR'S ?HOT MZ680723259 I 3124799 3124100 AGGREGATE ig 2, D00, 000 X PRODUCTS-COMP /OP AGO I$ 2,000,000 3 PERSONAL 8 ADV INJURY ;$ 1,000,000 EACH OCCURRENCE $ 1,C100,000 EACH OCCURRENCE FIRE DAMAGE (Any one fire) 7 S 100,000 4 MED EXP (Any one person) $ 5,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS MZ680723259 3/24/99 3/24/00 I (COMBINED SINGLE LIMIT I I$ 1,000,000 X 1- DiSEASEEA EMPLOYEE BODILY INJURY (Per person) $ X (BODILY INJURY (Per accident) $ X (PROPERTY DAMAGE $ - ..... " "'- "- "" " " "'" Re: Contract 03258 - Newport Heights Street Lighting. Cart holder is named as primary additional insured on general liability per C62010 attached and on auto liability per CA7018 attached. Waiver of subrogation applies to work camp. 30 days cancellation notice but 10 days for non pay of premium. City of Newport Beach Attn: Public Works Manager P. 0. Box 1768 Newport Beach, CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ESl4P**B()MXAAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, J. Paige Caswell 0530941 CERTIFICATE: 00610011 00051 GARAGE LIABILITY ANY AUTO (AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE 3 EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM I EACH OCCURRENCE $ AGGREGATE 4 $ B I WORKERS COMPENSATION AND EMPLOYERS'LIABILITY THE PROPRIETOR/ INCL PARTNERS /EXECUTIVE OFFICERS ARE EXCL C000697302 10/01/98 10/01/99 {EL X WC STAID OTH TORY I IMITS R - EL EACH ACCIDENT S 7,000,000 EL DISEASE POLICY LIMIT 4 1,000,000 1- DiSEASEEA EMPLOYEE $ 1,000 000 OTHER - ..... " "'- "- "" " " "'" Re: Contract 03258 - Newport Heights Street Lighting. Cart holder is named as primary additional insured on general liability per C62010 attached and on auto liability per CA7018 attached. Waiver of subrogation applies to work camp. 30 days cancellation notice but 10 days for non pay of premium. City of Newport Beach Attn: Public Works Manager P. 0. Box 1768 Newport Beach, CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ESl4P**B()MXAAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, J. Paige Caswell 0530941 CERTIFICATE: 00610011 00051 Additional Insured - Owners, Lessees or Contractors (Form B) CG 20 10 11 -85 Policy Amendment General Liability INSURED: DBX, INC. PRODUCER: CALCO INS BROKERS & AGENTS Name Of Person Or Organization: POLICY NUMBER: MZG80723259 EFFECTIVE DATE: SCHEDULE CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES & VOLUNTEERS P. O. BOX 1768 NEWPORT BEACH, CA 92658 (IF NO ENTRY APPEARS ABOVE, INFORMATION REQUIRED TO COMPLETE THIS ENDORSEMENT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS ENDORSEMENT.) WHO IS AN INSURED (Section II) is amended to in- liability arising out of your work for that insured by elude as an insured the person or organization or for you. shown in the Schedule, but only with respect to PRIMARY INSURANCE ENDORSEMENT It is agreed that such insurance is afforded by this policy for the benefit of CITY OF NEWPORT BEACH shall be primary as respects any claim, loss or liability arising out of the subcontractors operations or by its independent contractors and any other insurance maintained by the above referenced additional insureds shall be non - contributory with the insurance provided hereunder. Job: CONTRACT #3258 - NEWPORT HEIGHTS STREET LIGHTING This Form must be attached to Change Endorsement when issued after the Policy is written. ONE OF THE FIREMAN'S FUND INSURANCE COMPANIES AS NAMED IN THE POLICY President I cG101e 11.65 Conlams Cooyrighled Malxnal o1 Insurance Services 0111ce, Inc. 1984 F1eetCovero Endorsement - CA 70 18 04 96 Policy Amendment(s) Commercial Business Auto Coverage Form - Truckers' Coverage Form A. Broadened Named Insured occurred before you acquired or formed the sub- sidiary or organization stated is d. above. The following are added as insureds under Section II - Liability Coverage, A.I. Who Is an Insured e. Any of your employees while using a covered (the following items will be f. and g. in Truckers' auto in your business or your personal alfairs, Coverage Form): provided you do not own, hire or borrow that auto. d. Any subsidiary or organization which is le- gally 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 50% of the voting stock or otherwise maintain a control- ling interest over assets and for which you have the responsibility of placing insurance: (1) on the effective date of this Coverage Form; or (2) that is newly acquired or formed by you during the policy period shown in the Declarations. Coverage under this provision is afforded only until the end of the policy period or until the nest twelve month anniversary, whichever is earlier. 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 policy for which cover- age has been specifically placed or an insured under any other automobile liability policy where that policy's limits of insurance have been exhausted or that carrier has become insolvent. In addition. the insurance provided by this pro- vision does not apply to bodily injury or properry damage which results from an accident that B. Additional Insured and Waiver of Subrogation Coverage Required by Insured Contract, Written Agreement or Permit: The following are added as insureds under Section II - Liability Coverage, A.I. Who Is an Insured (the following items will be h. in Truckers' Cov- erage Form): f. Any person, organization. trustee, estate or governmental entity with respect to the oper- ation, maintenance, or use of a covered auto if: 1. You are obligated to add that person, organization, trustee, estate or govern- mental entity as an additional insured to this policy by (a) an expressed provision of an insured contract, or written agreement; or (b) an expressed condition of a written permit issued to you by a govern- mental or public authority. - 2. 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 oerrnit has been issued to you. This Form must be aaached to Chan,e Endorsement when issued aAar the poilcy is written. One of the Fireman's Fund Insurance Companies as named in the ?oiicy Secre[ary President CA 7018 -a 96 Page l of 5 The following paragraph is added to Section IV - Bu- siness Auto Conditions and Section V - Truckers' Con- ditions, A., Loss Conditions, Item 5, Transfer of flights of Recovery Against Others to Us: We waive any right of recovery we may have against any additional insured under Paragraph f. above, but only as respects loss arising out of the operation, maintenance or use of a covered auto pursuant to the provisions or conditions of the insured contract, written agreement, or permit. C. Supplementary Payments - Increased Limits Paragraph 2, Coverage Extensions, a. Supplemen- tary Payments of Section II - Liability Coverage, subparagraphs (2) and (4) are replaced with the following: (2) Up to $2,500 for the cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an accident we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request to assist us in the in- vestigatioa or defense of the claim or suit, in- cluding substantiated loss of earn ngs up to 5500 a day because of time off from work. D. Fellow Employee Exclusion Under Section lI - Liability Coverage, B., Exclu- sions, Paraeraph 5, Fellow Employee, does not apply if the bodily injury results from the use of a covered auto you own or hire. Coverage is excess over any other collectable insurance. E. Communication Equipment Coverage Section III - Physical Damage Coverage of the Business Auto Coverage Form and Section IV - Physical Damage. Coverage of the Truckers' Coverage Form with respect to a covered auto described in the Schedule or in the Declarations, also applies to loss to any electronic eouipment that receives or trans- mits audio, visual or data signals and that is not desimed solely for the reproduction of sound. THIS COVERAGE APPLIES ONLY IF THE EQUIPMENT IS PER - MANENTLY INSTALLED IN THE COVERED AUTO AT THE TI,NIE OF THE LOSS. Equipment which is removable s from a housing unit which is permanently in- stalled in the covered auto and is designed to be solely operated by use of the power from the auto's electrical system in or upon the covered auto is considered permanently installed. This coverage also applies to an- tennas and other accessories necessary for the use of the electronic equipment. 2. NO DEDUCTIBLES APPLY TO THIS COVERAGE. 3. The most that we will pay in the event of a loss is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the loss; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind or quality; or C. $1,500 F. Tapes and Compact Discs Coverage 1. Under Comprehensive Coverage we will pat= for loss to tapes, compact discs, or other sim- ilar devices used with sound reproducing equipment. We will pay only if the tapes, compact discs, or other similar devices: a. Are your property, or, if you are an in- dividual, that of a family member; and b. Are in your covered auto at the time of loss. 2. The most we will pay for loss is 5250. 3. PHYSICAL DAMAGE COVERAGE PRO- VISION'S APPLY TO THIS COVERAGE, EXCEPT FOR A \Y DEDUCTIBLE. G. Hired Pluto Physical Damage If Physical Damage coverages are provided to the insured under this policy then Hired Auto Physical Damage is also provided for autos of like find and use as those covered for Physical Damage under this policy. Any deductibles applicable to these autos will also apply to this coverage in a direct relationship to Like kind and use. 1. The most we will pay for any one loss is the lesser of the following: Ca;ois mss Page 2 of 5 JUL -15 -99 THU 09:32 AN FAX N0, F-1 L N`CAL-SURANCE COMMERCIAL DEPARTMENT FAX COVER SHEET DATE: 711 511 99 9 TIME: 9:12 A.M. TOTAL NO. OF PAGES INCLUDING COVER (6 ) P. 01/07 TO FROM -------------------------------------------------------------- FAX NO.: (949)644 -3305 FAX NO,: (714)939.1654 COMPANY: City of Newport Beach SENDER: Celia James ATTENTION: Shauna Oyler PHONE NO.: (714)940 -6826 RE: Certificate of Insurance - D'sX,Inc. Dear Shauna: Enclosed is the chocked cerficate of insurance for the above mentioned contractor, All requirements have been satisfied by this contractor. Should you have any questions with regards to this certificate, do not hesitate to give me a call. Thank you. Celia 333 City Rm,l"nrd WeAI, Orange, CA 028C,R • P.O. 13ua 7048. Orange, CA 02BG3.704S , 714.939.0800 . 71b939-1G84 T JR -15 -99 THU 0932 AN FAX N0. P. 02/07 0 Q( ,S�CAL-SURANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CRECKLISr IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED:_ DEPARTMENTICONTACT RECEIVED FROM: q&RkV4 OY49C DATECOMPLETF.D: --- SENT 'TO:?If*,0AX BY ;_C4gVlF COMPANYIPERSON REQUIRED TO HAVE CERTIFICATE. D )qX., f J N • __.___ GENERAL LIABILITY: A. INSURANCE COMPANY:— R E a(,(MYR 16M.1Na^l�t4,4JCE CO B. AM BEST RATING (A VII or greater): _. C. ADMITTED COMPANY: ( Must be California Admitted) Is company admitted in California? Ycs ✓ No D. LIMITS: (Must be S1,000,000 or greater) What is limit provided? �!, 000, DOCJ _ E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included'l Yes ✓ No F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers. agents, officials, employees and volunteers). Is it included'? Yes ✓ No G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes No II. CAUTIONI ( Confirm that loss or liability of the Named insured is not limited solely by their negligence.) Does endorsement include - solely by negligence' wording? Yes No—w- _ I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation certified mail; per Lauren Farley the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Al►?�Rd�AGrTMIOM�id/��111VG� �`O• B. AM BEST RATING (A VII or greater): 4.1xy _ C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes ✓No D. LIMITS: ( Must be $1,000,000 minimum BI & PD and $500,000 UM) What is limits providcd9A&aT2x E. ADDITIONAL. rNSURED WORDING TO INCLUDE: (The City its officers .agents, officials, employees and volunteers). Is it included'? Yes ✓ No_ F. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included). Is it included? Yes ✓ No_ G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation certified mail, per Lauren Farley the City will accept the endeavor wording. Ill. WORKERS COMPENSATION: A. INSURANCE COMPANY; B. AM BEST RATING (A VII or greater)! C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes NO HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes ✓_ No IF NO, WI-i.ICH ITEMS NEED TO BE CONII'LE'TED? �_� 1] • C- 32y� June 28, 1999 i CITY COUNCIL AGENDA AP FT OVED ? ITEM NO. 12 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: NEWPORT HEIGHTS' STREET LIGHTING, CONTRACT NO. 3258 - AWARD OF CONTRACT RECOMMENDATIONS: 1. Approve the Plans and Specifications. 2. Award Contract No. 3258 to DBX, Inc. for the Total Bid Price of $232,158 for Alternate A, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $15,000 to cover the cost of unforeseen work. DISCUSSION: At 11:15 A.M on June 16, 1999, the City Clerk opened and read the following bids for this project: ALTERNATE "A!' BIDDER TOTAL BID AMOUNT Low DBX, Inc. $232,158.00 2 Mega Electric $236,500.00 3 Building Energy $279,125.00 The low total bid amount for Alternate "A, is 12% below the Engineer's Estimate of $261,770. ALTERNATE "B" BIDDER Low Mega Electric 2 DBX, Inc. 3 Building Energy TOTAL BID AMOUNT • $270,300.00 • $279,678.00 $317,505.00 . Corrected Bid Amount The total low bid amount for Alternative "B" is 10% above the Engineer's Estimate of $238,010. SUBJECT: Newoort Heiahts' S *t Li0finq, Contract No. 3258 -Award Of Conto June 28, 1999 Page: 2 THE LOW BIDDER The low bidder, DBX, Inc., of Temecula, California, is a qualified general contractor licensed to do business in California and has a "C -10" and "A" license. DBX, Inc. has successfully completed similar construction projects for other public agencies and municipalities in Southern California. The contractor has a good reputation in the industry and has a significant amount of experience with street light replacement projects. A check of their references indicated that they have performed work in a timely professional manner. PROJECT DESCRIPTION: The street lights in Newport Heights' are slated for replacement under the City's 15 -year program to convert the obsolete 5000 volt series street light circuits and replace the aging facilities. The project calls for the replacement of 44 incandescent lights and approximately 10,000 feet of obsolete electrical conduit and wiring. Most of the project work is on Santa Ana Avenue and San Bernardino, between 15th Street and Cliff Drive, see attached Exhibit "A ". Earlier this year the residents in the Newport Heights area requested that the old street light poles remain and they simply have the lamps replaced. However, a majority of the poles are showing their 50 years of age with exposed rusting rebar on the deteriorated and spalling concrete poles. With this information, the residents requested that the City explore the idea of a concrete pole replacement instead of the standard fiberglass that has been used for the past several years. They had also requested a 'White" light instead of the soft orange high pressure sodium (HPS) light that has been provided in other past conversion projects. The plans and specifications were assembled to allow two alternative separate bids. Alternative "A" for the resident preferred concrete poles and white lights and Alternative "B" with the City standard fiberglass pole with HPS light. This was done to compare the cost of the two different poles and lights. Because of a supply problem for the fiberglass pole, the concrete pole and 'White" light alternative proved more cost effective. The new "white" light, which utilizes microwaves instead of HPS, is new on the market. The light comes with a 10 -year warranty and the expected life of the light is 20 years. The life expectancy on the HPS lamps is about 5 years. CONCLUSION: The time of completion for the project is 90 working days. Award of the contract at this time will allow the contractor to complete the work prior to December 1, 1999. Staff believes the contractor can complete the project satisfactorily and recommends award of the contract to the successful bidder, DBX, Inc., Temecula, California. 0 SUBJECT: Newport Heights' So Lighting, Contract No. 3258 -Award Of Cont* June 28, 1999 Page: 3 There are sufficient funds available in the following accounts for the project: Account Number Account Description Amount 7014- C5300025 Street Light Conversion Program $ 34,777.08 7014- C5300035 Street Light Replacement Program $228,218.40 Total: $262,995.48 RespectFull submitt PUBLI ORKS DEPARTMENT Don Webb, Director M Attachment: Project Location Map Bid Summary s 0 F:\Users\PB\MShared \COUNCIL \FY98- 99Uune -28 \Newport Heights C- 3258.doc % < 1. 1p > > ly ve DRI, Ile 44F t LEGEND EMT= PULL box Dasw SHEET Wrt 1; PRopom � Box a PROPOM SIFEET LJGKT . ..... .... DRIVE PROPO4 rn T a CO NWT EXHIBIT A CITY OF NEWPORT BEACH (W MLLDAN ASSOCIATES) NEWPORT HEIGHTS STREET LIGHT REPLACEMEN ��w T 9 0 0 F Z V W a� LL) �y a 0 i a N LLI Z 0 L OV v� IL rn rn C J E ui N Q r � W a1 ~ d = o J U O N rn Y a w d w m U M Z U O�0 Q O U C J L m a M J W Ul N 2 W W H p m L 3 A o N O m O N vw1 YOf V M1 N~L Q K � W L W ZW Z a: CL d a x r E N V N G z 6 I" 3 0 0 0 a0 0 0 0 0 o 0 0 o 0 0 0 0 0 0 0 0 0 0 0 o p F 0 Oa o uio oo0�ci vino >- Z O L O V O 1� N n fN0 N N w O P A m aC � N K O O A N M N CD r N� m w 2 A Wa < W Cl) V) c� Z 0 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 °o °o °n n p" r N n °0 0 mZ ON<pA O N V A N -Nw 0 (] m m M O A N N a' r N m D O O O O O O O O O O O O h O O O O O O O O O O O O p z O O o 0 OO 0O OO OO OO 0O OO OO 0 Z 0 0 0 0 O O N m O 6 O O O Z N N f D O O O tNp r N K D O M m m MN tD ONi_ M� O M—codm m m U Q N w Q N fA w < 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O N O 0 0 0 0 I- 0 O �N0 O N' O cp N N N O W= N 0 f m r ' N 0 O M N N m N o p o 0 0 0 0 0 0 0 0 0 6 0 0 0 6 0 0 0 0 0 0 0 O z 0 0 N N 0 0 0 0 0 0 0 0 p Z N N N O tp - O N O lh O m r N 07 D M O N O m N '60 E O N O m C? tV Z Q N _ ,A X m 0 0 0 0 0 0 0 0 0 0 0 0 WO O O O O O N O O O O Z O O tM O O N N N 0 O Z N N aNG A aND A M 3 o o o 0 o o o o o 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 F 0 0 0 0 0 0 0 0 0 0 0 0 0 f- 0 P o O 0 O o O cp N O 60,06-1 0 0 0 0 0 0 0 0o 4 C> Z O O O O N N fA OD � N A P% - 0 0 0 N? r N N N N � 0 N 0 O Q N Q N O O O O O m 0 0 0 0 0 69 0 0 0 0 4 0 t0 O O O P O F O O O O O P A 0 0 0 0 0 ~ O O O O N N r N 0 0 0 0 W N lV N W Z 0 0 0 0 N QQ N O w - N MM M W W W N Y J J J J J QQ QQ J F W W W w W W Qr r O M r p O N r O O Z 0 P O M d D rn ID t La t LM L Q J j 12 r W J J Q U 7 � d 0 W C N = Z0 W V o o Zo V W I=mo dp °P ao � =C—p� 8 GF � c cc ' ` J U S vJ s U w o C! N Q W V t t U N C 3 c O IJ t r n N # US 0 O_ J J { U W N O Iii 0! N d J cc J N �y C C C C i2 'Sc NyynN K N N %% dN W p d m o O d d O c C c c E ul ul d a x r E N V N G z 6 I" 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p Oa Y Z O N O< O N r pp N N K O O A N M N' CD r N� W 2 A Z < W Cl) V) Z 0 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 a a O O N V A N r 0 (] m m Z O N N tG (q a' r N D O A M M V h 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 O O O p z o 0 O o C O 6 6 6 0 Z N N m O O O N N N act ONi_ O M—codm m m m Z Q N fA m 0 0 0 0 0 0 0 0 0 0$ 0 0 0 0 00 0 N O O O I- O O �N0 fN0 O- O N No S N N 0 m r N 0 M - M M N 0 0 0 0 o 0 0 o 0 o 0 0 0 0 0 0 0 0 0 c o o O z O O O o O O o O O O o p Z O 0 O 0 O N O tp - O O N N O lh N 0 N r O 0 0 O O M N O m N '60 E O N N m C? W Q N J W Q 0 0 0 0 0 0 0 0 0 0 0 WO O O O O O N O O O O Z O O tM p O O M M M M J o o o 0 o o o o o 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 F 00fD 0 hUl 8 8 0 m o g o o g o Z O N n O O N (7; M N N N fV G 0 r O Q N to O O O O O m 0 0 0 0 0 0 0 0 0 W n 0 0 0 0 0 F o o o o O N tV O C O O Z O 0 0 V N' o o W N lV N J J QQ QQ J W w W W W Y F Qr r O M r p O N r tp 7 m d ID t La t LM W J j J d Q W c U' v OW o Zo .p my J Ir VS Wy vJ ` o V d o LL N F W N V)N c U dad c 3 c O t r yrya d A y O_ J J { U U Iii 0! N d J cc J N �y C C C C i2 'Sc NyynN X d dN w p d m o E 21 W r N m O N N A aD m O N t d a x r E N V N G z 6 I" 3 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 18, 1999 Building Energy Consultants 1655 Willow Road Arroyo Grande, CA 93420 Gentlemen: Thank you for your courtesy in submitting a bid for the Newport Heights' Street Lighting (Contract No. 3258) 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 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 6443005 August 18, 1999 Mega Electric 417 W. Foothill Boulevard, Suite B -265 Glendora. CA 91741 Gentlemen: Thank you for your courtesy in submitting a bid for the Newport Heights' Street Lighting (Contract No. 3258) 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