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Home My WebLink AboutC-3283 - Grant Howald and Lincoln School Ballfield Lighting ProjectCIT? OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 February 25, 2000 Electro Construction Attn: John Everson 3021 Rowena Avenue Los Angeles, CA 90039 Subject: Grant Howald and Lincoln Athletic Center Ballfield Lighting (C -3283) To Whom It May Concern: On October 25, 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 January 21, 2000, Reference No. 20000039520. The Surety for the contract is Insurance Company of the West, and the bond number is 1676603. 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 encls. 3300 Newport Boulevard, Newport Beach • 0 PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING CONTRACT NO. 3283 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 the amount bid in Dollars ($ lo$ * * * * * * * * * * * *), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING, Contract No. 3283 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 16th day of June 199 99 . Electro Construction Corp. Name of Contractor (Principal) Authorffed Signa ureTtle Insurance Company of the West Name of Surety 1.7852 E..17th St., Suite #111 Tustin, CA 92780 Address of Surety 714 -832 -9900 Telephone Authorized A J N. , orne -In =Fact Print itle (Notary acknowledgment of Principal & Surety must be attached) State of California County of Los Angeles OnJune 16, 1999 before me,Carol E. Bowles, Notary Public (DATE) INAMErrITLE OF OFFICER.i.e.'JANE DOE. NOTARY PUBLIC') personally appeared JOHN S. EVERSON INAMEISI OF SIGNERISI) personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(si whose name(sT is /afe subscribed to the within instrument and acknowledged to me that he /skle�ey executed the same in his /befA#;Hair authorized capacity(ie�1, and that by his /herftiheir signature( on the instrument the person(sf, or the entity upon behalf of which the person(s7 acted, executed the instrument. Witness my hand and official seal. (SEAL) t..(� ( ?� ? &KI19a � (SIGNATURE OF NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Spnertel Other Than Named Above WOLCOTTS FORM 03240 Rev. Tee [pin dm 8•2AI (01$94 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEOGMENT WITH SIGNER CAPACITYMEPRESENTATION / rWO FINGERPRINTS RIGHT THUMBPRINT (Optional) `o CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUALIS) [*ORPORATE President OFFICERIS) nnum OPARTNER(S) ❑LIMITED CGENERAL OATTORNEY IN FACT OTRUSTEE(S) O GU ARDIAN /CONSERVATOR COTHER: SIGNER IS REPRESENTING: INema of Peraonhl or Entlty(ieal RIGHT THUMBPRINT [Optional) Lz 3 e D CAPACITY CLAIMED BY SIGNER(S) CINDIVIDUALISI OCORPORATE OFFICER(S) ITTIES) OPARTNER(S) OLIMITED OGENERAL OATTORNEY IN FACT CTRUSTEE(S) C GUARD IA N /CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Pereonla) or Entityllea) 7 IIIIIIillllllllllllllllll�lll) B CAROL E. BOWLES s G COMM. #1102887 a S NOTARY PUBLIC - CALIFORNIA S 2 LDS ANGELES COUNTY 2 My Comm. ExplleS AM 23.2080 : ...... ...................a....a..aa.. proved to me on the basis of satisfactory evidence to be the person(si whose name(sT is /afe subscribed to the within instrument and acknowledged to me that he /skle�ey executed the same in his /befA#;Hair authorized capacity(ie�1, and that by his /herftiheir signature( on the instrument the person(sf, or the entity upon behalf of which the person(s7 acted, executed the instrument. Witness my hand and official seal. (SEAL) t..(� ( ?� ? &KI19a � (SIGNATURE OF NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Spnertel Other Than Named Above WOLCOTTS FORM 03240 Rev. Tee [pin dm 8•2AI (01$94 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEOGMENT WITH SIGNER CAPACITYMEPRESENTATION / rWO FINGERPRINTS RIGHT THUMBPRINT (Optional) `o CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUALIS) [*ORPORATE President OFFICERIS) nnum OPARTNER(S) ❑LIMITED CGENERAL OATTORNEY IN FACT OTRUSTEE(S) O GU ARDIAN /CONSERVATOR COTHER: SIGNER IS REPRESENTING: INema of Peraonhl or Entlty(ieal RIGHT THUMBPRINT [Optional) Lz 3 e D CAPACITY CLAIMED BY SIGNER(S) CINDIVIDUALISI OCORPORATE OFFICER(S) ITTIES) OPARTNER(S) OLIMITED OGENERAL OATTORNEY IN FACT CTRUSTEE(S) C GUARD IA N /CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Pereonla) or Entityllea) 7 IIIIIIillllllllllllllllll�lll) B CALIFORNIA ALL-PURPOR ACKNOWLEDGMENT State of California County of Los Angeles 0 On June 16, 1999 before me, Pi Tar M. Landeta, Notary Public Date Name ane rate of Omoer (e.g., 'Jane Doe. Notary PubliC ") personally appeared John D. Hunsinger Naroe(s) of Signer(sl ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personpo whose name(sq is/apmubscribed to the within instrument and acknowledged to me that he/sker/lbeytexecuted the same in histtOeti ke tauthohzed capacity(ter,y, and that by his /hsdM*Ksignature4 on the instrument the person", or the entity upon behalf of which the person(s) acted, PILAR M. LANDETA - •� L executed the instrument. Q COMM. # 1159393 IL NOTARY PUBLIC • CALIFORNIA LOS ANGELES COUNTY D official My Comm. Expires Oct. 24, 2001 WITNESS my hand and offici l seal. y � Signature of Notary Publk 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Corporate Officer Title(s): Partner —❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: H 0 Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1994 Naft* Notary Aooeation • 823E f arm st A".. P.O. Boa 7184 • Camp Parr CA 913DV-7184 Prod. No. 5907 Reorder. Call TuIFFrae 1400476 -OW 0 Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: JOHN D. HUNSINGER, MARY SMITH its true and lawful Attomey(s)win -Fad, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998, which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 30th day of July 1998 . l4t4YYrNI4 ` INSURANCE COMPANY OF THE WEST N aoovoMrro a �\ V44CN 1.1� , C4lrtdnh� t STATE OF CALIFORNIA ( o n L. Hannum, Executive vice President SS. COUNTY OF SAN DIEGO .v IN WITNESS WHEREOF, the undersigned certify that they are adults, and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney, pursuant to California Probate Code §4121 and 4122. CERTIFICATE: I, John H. Craig, Assistant Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary, on this 16th day of June 1999 ICW 37 i EXECUTED M POUR C06WTERPARTS PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING CONTRACT NO. 3283 BOND NO. 1676603 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Electra, Construction, hereinafter designated as the "Principal," a contract for construction of GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING, Contract No, 3283 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. 3283 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, Electro Construction, 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 ninety -nine thousand, two hundred Dollars ($1199,200.00), 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. 86 39tld NOII -MISNM O LLD= TTZ909SETZ LE31T 666T/T6/L0 • • 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 at 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 lst day of Juty —11999. Electro Construction Corp. Name of Contractor (Principal) Insu2wnce Company of the West Name of Surety 27852 E. 27th Street, Suite ZZZ Tustin, CA 92780 Address of Surety 714 -832 -9900 Telephone .< � Autho ' ed Signature/Title W ,. JOHN D. HUNSINOER Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 60 39gd NOI10MUSN00 OMM3-13 TTZ909SETZ LE:t+T 666T/T0/L0 CALIFORNIA All State of California County of T. a AngaTes On JuZy Z, Z999 before me, Mary smith, Notary Public DATE NAME, TITLE OF OFFICER • P-G..'.UNE DOE. NOTARY PUEUC' personally appeared John D. Hunsinger NAMEIS) OF SIGNERIS) Impersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person( whose name(VT is /efe subscribed to the within instrument and ac- knowledged to me that he /sheA" executed the same in hisir authorized MARY SMITH = capacify(ies), and that by hi ^'�.;�.IZir `• COMM.011208958 Q.- O NOTARY PUBLIC•CALIFORNIAJ) signature(?) on the instrument the person§s), I LOSANGELESCOUN7Y or the entity upon behalf of which the • hty Cola. Fxpircs J3�. 22, 2003 person(j) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL NM 5807 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TRIPS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERS !1S)OR ENTITY(TES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 019M NATIONAL NOTARY ASSOCIATION • 8= Rem Ml Ave., P.O. Sox 7184 • Canoga Pent, CA 91309.7184 9 0 Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: JOHN D. HUNSINGER, MARY SMITH its true and lawful Attomey(s) in -Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998, which said Resolution has not been amended or rescinded and of which the following is a true copy: 'RESOLVED, that the Chairmen of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that ft signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Pourer of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 30th day of July 1998 . STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO W INSURANCE COMPANY OF THE WEST IN WITNESS WHEREOF, the undersigned certify that they are adults, and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney, pursuant to Califomia Probate Code §4121 and 4122. CERTIFICATE: 1, John H. Craig, Assistant Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary, on this Zs t day of JU Zy 19 99 4�pYINy �e'�°"'°y'rn i � rlkr, �. Yr _ 4k�c ICW 37 .^ is for the Contract t, term :t to ad ju;ment base ivai C011iract price. EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING CONTRACT NO. 3283 BOND NO. 1676603 FAITHFUL PERFORMANCE BOND PAGE 16 The premium charges on this Bond is $ 2,868-00 being at the rate of $ Z4.40 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California. by motion adopted, awarded to Electra Construction, hereinafter designated as the "Principal ", a contract for construction of GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING, Contract No, 3283 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. 3283 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Electra Construction, 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 ninety -nine thousand, two hundred Dollars ($ 189,200.00), 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, oortditions, 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. 0T 39Vd NOIlO4381Srd00 0810313 ITZ9099ETZ LE :GT 666T/10/L0 • 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 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 Perfonnance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the data 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, an the tat day of Ju Zy 1999 Electro Construction Corp. C�'c S Name of Contractor (Principal) Authodhd SignaturelTdle President Insurance Company of the West Name of Surety Authorized 27852 E. Z7th Street, Suite ZZZ Tustin, CA 92780 JOHN D. HUNSINCER Attorney -In -Fact Address of Surety Print Name and Title 724 -832 -9900 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED f mratipbMMharedWanaac tsvnaftm\rn=W fwmam conftcLdoc 1/86 TT 39Vd NOI171a15N00 o?,uo3M TTZ9699£TZ L£361 6661778-7L-6 State of California County of Los Angeles On July 6, 1999 before me, Carol E. Bowles, Notary Public (DATEI INAMEITITIE OF OFFICER- i.e.7ANE OOE, NOTARY PUBLIC -) personally appeared JOHN S. EMERSON INAME(S) OF SIGNERISO 1, personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence. to be the person(A whose name(A Is /arm subscribed to the within instrument and acknowledged to me that he /sheFifaey executed the same in his /heNi*ie+ authorized capacity(les), and that by his /heffthe+F signature(s) on the instrument the person(sl, or the ich entity upon behalf h of w the person(si CAROL E.BOWLES acted, executed the R COMM. #1102887 R instrument. S : NOTARY PUBLIC - CALIFORNIA S 2 WS ANGELES COUNTY 2 • My Comm. ENiMAn23,2000 =Witness my hand and official seal. (SEAL) t /,e(/ai mil / //t" ?4 �, ISIGGNNA— 1U��R/E /O /F NNOOLTA /RSV j' ATTENTION NOTARY The information.requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Typo of Document Number of Pages Date of Document SIg..,Isl Other Then Named Above WOLCOTTS FORM 69240 Rev, 1.94 (wicv close 9-IAI 01990 WOLCOTT$ FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYMEPRESENTATIONITWO FINGERPRINTS RIGHT THUMBPRINT (Optionell CAPACITY CLAIMED BY SIONERIS) OINDIVIDUALIS) CKORPORATE President OFFICER(SI ITITLES) OPARTNER(SI OLIMITED ❑GENERAL OATTORNEY IN FACT OTRUSTEEISI O G UARD IANICON S ER V ATOR ❑OTHER; SIGNER IS REPRESENTING: Memo of Person(,) or Entity(iaa) RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIS) OCORPORATE OFFICER(S) (TITLES, OPARTNER(S) OLIMITED OGENERAL OATTORNEY IN FACT OTRUSTEE(S) O GUARDIANICONSERV ATOR OOTHER: SIGNER IS REPRESENTING: INeme of Person(e) or Entitylievl IIIIIIIIIIIII I +II I63240 I 8 CALIFORNIA State of California County of ras AngnTAa IS $907 On Juty L, 2999 before me, Nary Smith, Notary Public OATE NAME. TITLE OF OFFICER - E.G.. *1VM DOE, NOTARY PUBUC personally appeared John D. Hunsinger NAMFaS) OF SIGNER(S) R'personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(p whose name(VT is /efe subscribed to the within instrument and ac- knowledged to me that he /ehe4iley executed MARY SMITH K the same in hisLl;ef!#leir authorized rL COMM.01208953-T capacity(4es), and that by hi ^iheF, =th it _• O •NOTARY PUBLIC- CALIFORNI,:*o A LOSANGELESCOUNTY )j signature(p) on the instrument the person§s), nlyCcnT.Fxplrc�,.zz,z000r or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSOtWS OR eMTRYOES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION -a236 Rem" AVG.. P.O. Box 7184 - CmVp Pans, CA 91309.7184 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the Count of Orange, California Gary L Granville, Clerk /Recorder No Fee 20000039520 4APM 01/21/00 004 00047981 118 04 015 01 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Doc Types: 015 "Exempt rom 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 Electra Construction, of Los Angeles, California, as Contractor, entered into a Contract on June 28, 1999. Said Contract set forth certain improvements, as follows: Grant Howald and Lincoln Athletic Center Ballfield Lighting, C -3283 Work on said Contract was completed on September 27, 1999, and was found to be 111461 acceptable on October 25, 2W6, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Insurance Company of the West. 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 10 / 9 d 000 at Newport Beach, California. BY ( -;6 I)l ifCcrl d�� City Clerk __ts'\ N� • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 January 18, 2000 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Grant Howald and Lincoln Athletic Center Ballfield Lighting (C- 3283); Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Attachment 3300 Newport Boulevard, Newport Beach 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording ees pursuant to Govemment 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 Electro Construction, of Los Angeles, California, as Contractor, entered into a Contract on June 28, 1999. Said Contract set forth certain improvements, as follows: Grant Howald and Lincoln Athletic Center Ballfield Lighting, C -3283 Work on said Contract was completed on September 27, 1999, and was found to be acceptable on October 25, 2000, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Insurance Company of the West. BY n1l, P,9 lic 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 /8 d00O at Newport Beach, California. BY f City Clerk I C-3a43 �J u0i 2 5 - -- -q�j py 7� t kr P Ri;VE9 TO: Mayor and Members of the City Council FROM: Public Works Department October 25, 1999 CITY COUNCIL AGENDA ITEM NO. 8 SUBJECT: GRANT HOWALD AND LINCOLN ATHLETIC CENTER BALLFIELD LIGHTING, CONTRACT NO. 3283 - 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 bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Authorize Staff to retain the contractor to change additional lights for Lincoln • Athletic Center Field No. 1. 5. Authorize a budget amendment to transfer Park -In -Lieu funds in the amount of $30,000 from Account No. 7021- C5100372 to Account No. 7021- 04120431. DISCUSSION: On June 28, 1999, the City Council authorized the award of Grant Howald and Lincoln Athletic Center Ballfield Lighting, Contract No. 3283, to Electro Construction of Los Angeles, California. The contract provided for the lighting improvements at the Grant Howald Park ballfield and at the Lincoln Elementary School northerly ballfield. 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: $199,200 Actual amount of bid items constructed: 199,200 Final contract cost: $199,200 The final overall construction costs were the same as the original bid amount. • There were no change orders issued on this project. SUBJECT: Grant Howald and n Athletic Center Ballrield Lighting, Contract No. 3 Completion And Acceptance October 25, 1999 Page 2 Funds for the project were budgeted in the following account: • Description Account No. Amount Grant Howald Athletic Field 7021- C4120332 $169,000 Park and Field Renovation 7021- C4210431 $30,200 TOTAL $199,200 All work was completed on September 27, 1999, the scheduled completion date. Lincoln Athletic Center has two lighted fields. The lights on the northerly field (Field No. 2) were the only ones changed with this contract. There have been complaints from the residents southerly of San Joaquin Hills Road about glare from the Lincoln fields. The lights that shine in this direction cover Field No. 1 and were not changed. Two light poles that have a total of eighteen unshielded lights shine toward residences on Lighthouse Lane southerly of San Joaquin Hills Road. Residents in this area have complained about the intensity of the lights shining into their homes. Staff has visited the area at night and concurs that -there is excessive light spillage into this residential area. A project to change the lights covering Field No. 1 will be proposed for next year. In the interim, the contractor and light supplier have been contacted to determine what the cost would be to change the lights on the two poles that are impacting the Lighthouse Lane residents. That cost is estimated to be $25,000. The contractor has indicated • that the change could be made in about 4 weeks. Staff recommends that they be authorized to retain the contractor to change the lights as rapidly as possible at a negotiated fee of less than $25,000. The Peninsula Gateway Parks, Account No. 7021- C5100372, has a surplus of $30,000 and it is recommended that this amount be transferred to the Park and Field Renovation, Account No. 7021 - C4120431. Surplus funds not spent on lights will be used at other park locations needing field renovations. Both of these accounts are in the Park -In -Lieu Fund. =0 su d, PUBLIC WORKS DEPARTMENT Don Webb, Director By: Horst Hlawaty, P.E. Construction Engineer F:\ UsersW BWOShared ,COUNCIL%Fy99�001October -MGrant Hcwald C-3283.dw lJ 0 C* of Newport Beach• NO. BA- 021 BUDGET AMENDMENT 4 QQQ_A0 AMOUNT• $30 000 00 FECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Budget Appropriations PX Transfer Budget Appropriations SOURCE: X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer appropriations from Park -In -Lieu funds for Grant Howald and Lincoln School ballfield lighting. There have been no prior budget amendments. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account . 010 3605 REVENUE APPROPRIATIONS (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Control Description Division Number Account Number Division Number Account Number Signed: Finance Director �d: fir'' ", . �l Administrative Ap roval: City Manager Signed: Amount Debit Credit $30,000.00 Automaft $30,000.00 Date 0 D City Council Approval: City Clerk Date Description Division Number 7021 Park -in -Lieu Account Number C5100372 Balboa Peninsula Gateway Park Division Number 7021 Park -In -Lieu Account Number C4120431 Park and Field Renovation Division Number Account Number Division Number Account Number Signed: Finance Director �d: fir'' ", . �l Administrative Ap roval: City Manager Signed: Amount Debit Credit $30,000.00 Automaft $30,000.00 Date 0 D City Council Approval: City Clerk Date C>W of Newport Beacho NO. BA- 021 BUDGET AMENDMENT 1999 -00 AMOUNT: S3o,000.00 iECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance PX Transfer Budget Appropriations X No effect on Budgetary Fund Balance SOURCE: CITY OF NF'NPCR' X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: APPRO� This budget amendment is requested to provide for the following: To transfer appropriations from Park -In -Lieu funds for Grant Howald and Lincoln School ballfield lighting. There have been no prior budget amendments. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: Signed: Finance Director City Manager City Council Approval: City Clerk Amount Debit Credit $30,000.00 $30,000.00 /O —/T Date 9A x6s/'F Date Description Division Number 7021 Park -In -Lieu Account Number C5100372 Balboa Peninsula Gateway Park Division Number 7021 Park -In -Lieu Account Number C4120431 Park and Field Renovation Division Number Account Number Division Number Account Number Signed: Signed: Finance Director City Manager City Council Approval: City Clerk Amount Debit Credit $30,000.00 $30,000.00 /O —/T Date 9A x6s/'F Date 0 0 CITY CLERK CITY OF NEWPORT BEACH off �) CC 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 11:30 a.m, on the 16th day of June 1999, at which time such bids shall be opened and read for GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING Title of Project Contract No. 3283 $250,000 Engineer's Estimate A oved� on 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 Fong Tse, Project Manager at(949)644-3311. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING CONTRACT NO. 3283 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 SPECIAL PROVISIONS ................................................................. ...........................SP -1 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING CONTRACT NO. 3283 INSTRUCTIONS TO BIDDERS 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. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. 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. 95881 C -10 & B Contractor's License No. & Classification Electro Construction Corp. Bidder Authoffed Signature/Title John S. Everson, President 6 -15 -99 Date PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING CONTRACT NO. 3283 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 NO 2. 3. 4. 5. 6. 7. 8. 9. 10. � Electro Construction Corp. � > m Bidder Aut rized Signatureffitle John S. Everson, President r • PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING CONTRACT NO. 3283 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 Person Telephone Completed Name /Agency To Contact Number 1999 Sport Field Lighting Cal TEch 626 - 395 -3676 1999 Central Park Valley Crest 818 - 834 -1000 1999 Rowley Park City of Gardena 310 - 217 -9500 1999 Cesar Chhvez Park - City of L.B. Ecology Const. 818- 704 -1093 1998 Gilbert Lindsay Park - City of L.A.Terra -Cal. Const. 626 - 960 -3694 1999 1998 Santa Monica BIG Ontario Ball Park Valley Crest City of Ontario 818- 834 -1060 909 - 391 -0663 1998 E1 Cariso Park - County of L.A. County of L.A. 213 - 738 -3202 1998 E1 Dorado Park - City of L.A. City Light & Power 562- 983 -2000 1998 Edward Vincent PArk - City of L.A. Terra -CAI Const. 818 - 960 -3694 1999 Glendale Sports Complex Valley Crest 818- 834 -1000 1998 Oakknoll Ballfield Lighting City of Cypress 714- 229 -6740 1997 Lexington School Sports Feild Ltg. City of Cypress 714 - 229 -6740 1997 Long Beach PSrks Musco Sports Ltg 800- 756 -1205 1997 Green Meadows Rec. Ctr. Terra -Cal Const. 818 - 960 -3694 Electro Construction Corp. Bidder O,G S / ".4'e�_ Authffized Signature/Title John S. Everson, President # • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING CONTRACT NO. 3283 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Los Angelejs PAGE JOHN S. EVERSON being first duly sworn, deposes and says that he or she is PRESIDENT ofELECTRo rONSTRTTrTToN rnpp , 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. Fly Authoriz@TSignaturefritle Subscribed and sworn to before me this 16thday of June 19g�. 1 ��M CAROrC1NLES es COMM. #1102887 a S S o NU7ARY PUBLIC - CALIfUPNIA S 2 LOS ANGELES CGUNiY 2 • MY Comm. Expires June 23, 200D � e. NHNNMMNHNN•NN •H OHM [SEAL] My Commission Expires: 6 -23 -2000 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING CONTRACT NO. 3283 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed ten (10) days (not including Saturday, Sunday and Federal Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND PAGE 7 and delivered to the Engineer within holidays) after the date of receipt • 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 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING CONTRACT NO. 3283 THIS AGREEMENT, entered into this 28th day of June, 1999, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Electro Construction, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: Project 3283 Contract No. 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: A. 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 Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3283, 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 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 one hundred ninety-nine thousand, two hundred Dollars ($199,200). 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 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. 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: Fong Tse (949) 644 -3340 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Electro Construction 3021 Rowena Avenue Los Angeles, CA 90039 Attention: John S. Everson President (323) 660 -4141 Contractor, by executing this Contract, "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. 0 0 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. 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 • • 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 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. 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 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. 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. I. 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. 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 nnrl vaar Fref umiHan �k,xja CITY CLERK APP�Oyfa( AS TO FORM: I (11 th, rI� L CITY ORNEY CITY OF NEWPORT BEACH A Municip I Corporation By: ,r/yl) Dennis D. O'Neil, Mayor ELECTRO CONSTRUCTION By: S President orized Signature and Title f: \users\pbv shared \contract\masters \formal contract master,doc 06/24/99 AGORA. CERTIFICOE OF LIABILITY INS NCR LG C -21 DATE (MM /DD YY) 07/02/99 PRODUCER THIS CERTIFICATE I$ ISSUED AS A MATTER OF INFORMATION Bolton is Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA License #0008309 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1 P.O. Box 820 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. A X COMMERCIAL GENERAL LIABILITY ZDZ558794301 South Pasadena CA 91031 -0820 Phone:626- 799 -7000 Fax:626 -441 -3233 INSURERS AFFORDING COVERAGE INSURED I INSURER A: Massachusetts Bay Insurance CO INSURER B: The Hanover Insurance CO INSURER C: Fremont Compensation Electro Construction Corp. INSURER D: 3021 Rowena Avenue Los Angeles CA 90039 INSURER E: I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS. LTR i TYPE OF INSURANCE POLICY NUMBER DATE MMIDDM' I DATEYMM /DD/YV Ni LIMITS GENERAL LIABILITY EACH OCCURRENCE f 1, 000, 000 A X COMMERCIAL GENERAL LIABILITY ZDZ558794301 03/01/991 O3 /O1 /OO FIRE DAMAGE (Any one Rre)i$SO, 000 CLAIMS MADE a OCCUR r' lI MED EXP (Any one pereon) i S 5,000 PERSONAL d ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. I PRODUCTS - COMP/OP AGG f 1,000 000 POLICY! I ACCT LOCI I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT '(Ea f 1,000,000 A X. ANY AUTO ADZ558794401 03/01/99 03/01/00 accident) f ALL OWNED AUTOS BODILY INJURY -- SCHEDULED AUTOS (Per pereon) X HIRED AUTOS 1 BODILY INJURY $ X! NON -OWNED AUTOS (Per accident) I $ PROPERTY DAMAGE ' (Per acddanq GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ $ �ANYAUTO i EA ACC OTHER THAN I $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE Is3,000,000 B JOCCUR CLAIMS MADE: UHZ558794501 i 03/01/991 03/01/00 AGGREGATE 1$3,000,000 I$ J ' DEDUCTIBLE $ RETENTION $ I If WORKERS COMPENSATION AND X TORY LIMITS; ER EMPLOYERS' LIABILITY C, WN9979626401 03/01/99: 10/01/99 E.L. EACH ACCIDENT i$1,000,000 I I E.L. DISEASE - EA EMPLOYEES I, COO, OOO E.L .DISEASE - POLICY LIMIT:$ 1, 000, 000 OTHER A Leased Equip ZDZ558794301 03/01/99 03/01/00: Limits $150,000 Ded $1,000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The City of Newport Beach, it's officers, officials, employees and volunteers are Additional Insured as respects the project Grant Howald and Lincoln School Ballfield Lighting Contract No #3283, This insurance is Primary and Non- Contributing with any other insurance. A Waiver of Subrogation applies to the Workers' Compensation policy. CERTIFICATE HOLDER i N 1 ADDITIONAL INSURED; City of Newport Beach Public Works Department 3300 Newport Blvd. LETTER: CITYNEW CANCELLATION SHOULD ANY OF TH K rrtwn . POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF Newport Beach CA 92663 1 ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 1 ii e IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 0 POLICY NUMBER: ZDZ558794301 Insured: Electro Construction Corp. 0 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS [Form B] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization City of Newport Beach Public Works Department, it's officers, officials, employees, and volunteers (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 include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Service Office, Inc., 1984 JUL -15 -99 THU 10:03 AN • FAX NO, • P. 01/06 ,CAL- SURANCE -------------------------------------------------------- - - - - -- COMMERCIAL DEPARTMENT FAX COVER SHEET DATE: 711511999 TIME: 9:15 A.M. TOTAL NO. OF PAGES INCLUDING COVER (e) TO FROM — — — — FAX NO.: (949)6443305 FAX NO.: (714)939 -1654 COMPANY: City of Newport Beach SENDER: Celia .lames ATTENTION: Shauna Oyler PHONE NO.: (714)940.6828 --------------------------------------------------------------- RE: Certificate of Insurance - Electro Contruction Corp. Dear Shauna: Enclosed Is the checked certificate of Insurance for Electro Construction Corp. All requirements have been satisfied by this contractor. Should you have any questions with regards to this certificate, feel free to give me a call. Thank you, Celia 333 City Boulevard Went, Orange, CA 02668 • P.O. Boa 7048, Orange, CA 92863 -7048 • 714.939 -0800 • 711 939.1654 JU -15 -99 THU 10:03 AM 0 FAX N0. t� KCAL- SURANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NF,WPORT BEACH P. 02/06 THL CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEeXI4, DATE RECEIVED: 17 / DEPARTMENTICONTACT RECEIVED FROM: S/fA(I/U� Oj�L4 DATE COMPLETED' f5- SENT TO: 5,(��J(,JAJO BY:1fr-1-1� COMPANY/P£RSON REQUIRED TO HAVE CERTIFICATE: t %RQ (r� A ��W tZQ/I) C V GENERAL LIABILITY: A. INSURANCE COMPANY: MRSiAIQHUrS EflY_05I.U__CQ• B. AM BEST RATING (A Vll or greater):- reat )re R: 1ClJI C. ADMITTED COMPANY: ( Must be California Admitted) Is company dtntlted in Californiti? Yes ✓ No___ D. LIMITS: (Must be S1,000,000 or greater) What is limit provided? /,OD (%, 010 E. PRODUCTS AND COMPLE l ED OPERATIONS: (Must Include) II it included'? Ves_Z No_ F. ADDITIONAL INSURDFD 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? YcsJ% No_ H. CAUTION! ( Confirm that loss or liability of the Named insured is not limited solely by their negligence.) Does ondorsentent include "solely by negligence" wording? Yes No ✓ 1. N01'ff ICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation t certi icd mail; per Lauren Farley the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY._ ,Sf�(f�j� 55 9h_ X / &SU1 A)m 90 B. AM BEST RATING (A VII or gra'tter): :a'11t II _ C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes v"'�No_ D. LIMITS: ( Must be $1,000,000 minimum 8181 PD and $500,000 UM) What is limits provided'? J-4-6 G720 F. ADDITIONAL INSURED WORDIIjG TO INCLUDE: (The City its officers ,agents, officials, employees and volunteers). Is it included? Yes _l/ No F. PRIMARY AND NON CONTRIBUTORY WORDING: (Must W included), is it included'? Yes - y" No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation curtiliud mail; per Lauren Farley the City will accept the endeavor wording. 111. WORKERS COMPENSATION, A. INSURANCE COMPANY:�jQ�AYwr (AMP- iV6A?1 -1aC B. AM BEST RATING (A Vii or greater) R —. IX C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included'? Yes -V -" No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No IF NO, WHICH ITEMS NEED TO BE COMPLETED? .F • • Page PR -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING CONTRACT NO. 3283 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. 0. 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. 3283 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 @ Five Thousand Dollars and No Cents $ 5,000- Per Lump Sum 2. Lump Sum Traffic Control @ Four hundred Dollars and No Cents $ 400• Per Lump Sum 3. Lump Sum Demolition and Disposal of Existing Grant Howald Ballfield Lighting System Four Thousand @ Nine Hundred Dollars and No Cents $ 4 >900• Per Lump Sum Page PR -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Demolition and Disposal of Electrical Components inside Grant Howald Electrical Room @ Six Hundred Dollars and No Cents $ 600• Per Lump Sum 5. Lump Sum Trench Resurfacing at Grant Howald Twenty -Eight Thousand @ Nine Hundred Dollars and No Cents $ 28,900. Per Lump Sum 6. Lump Sum New Grant Howald Ballfield Lighting System Eight -Five Thousand @ Three Hundred Dollars and No Cents $ 85,300. Per Lump Sum 7. Lump Sum Electrical Improvements inside Grant Howald Electrical Room Eleven Thousand @ Twn rrlindrPd Dollars and No Cents $ 11,200. Per 8. Lump Sum Demolition and Disposal of Existing Lincoln School Ballfield Lighting Five Thousand @ Four Hundred Dollars and No Cents $ 5.400. Per Lump Sum *a Page PR -3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. Lump Sum New Lincoln School Ballfield Lighting Fifty -Five Thousand @ Five Hundred Dollars and No Cents $ 55,500. Per Lump Sum 10. Lump Sum Repair of Existing Improvements Damaged by Contractor @ Two Thousand Dollars and No Cents $ 2,001)• Per Lump Sum TOTAL PRICE IN WRITTEN WORDS One Hundred Ninety -Nine Thousand Two Hundred Dollars and No Cents $ 199,200.00 Total Price Bidder's Name ELECTRO CONSTRUCTION CORP. Bidder's Address 3021 Rowena Avenue, Los Angeles, CA 90039 Bidder's Telephone Number (323) 660 -4141 Contractor's License No. & Classification 95881 C -10 & s Contractor's License Expiration 1/31/2000 6 -16 -99 � S td, Date AuthoKzed Signature & Title . June 28, 1999 JUN 2 8: CITY COUNCIL AGENDA APPROVED ITEM NO. 5 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING, CONTRACT NO. 3283 - AWARD OF CONTRACT RECOMMENDATIONS: 1. Approve the Plans and Specifications. 2. Award Contract No. 3283 to Electro Construction Corp. of Los Angeles for the Total Bid Price of $199,200, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $19,800 to cover the cost of materials testing and unforeseen work. DISCUSSION: At 11:30 A.M on June 16, 1999, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Electro Construction Corp. $199,200.00 2 Building Energy Consultants $229,402.00 3 M.E.I. Electric, Inc. $244,120.00 The low total bid _amount is 20% below the Engineer's Estimate of $250,000. The low bidder, Electro Construction Corp., possesses an Electrical Contractor's "C -10" License as required by the project specifications. A reference check of Electro Construction Corp. work experience indicated that they have satisfactorily completed similar lighting projects for other local agencies. This project provides for the lighting improvements at the Grant Howald Park ballfield and at the Lincoln Elementary School northerly ballfield which is leased and maintained by the City. Since the improvements at both work locations are adjacent to residential homes, readings on the existing systems' night -time light glare and distribution were taken for SUBJECT: Grant Howald and Lincoln School Ballfield Lighting, Contract No. 328PAward Of Contract June 28, 1999 Page: 2 use on the selection of new light pole locations and replacement fixture types. The new cut -off lighting systems to be installed are more energy efficient and will provide at least the same level of lighting with reduced glare outside of the ballfields. The work at Grant Howald Park consists of the removal of the existing ballfield lighting system, including conduit, fixtures, poles, pole foundations, and related components in the electrical room; the construction of concrete light pole foundations; the installation of new steel light poles, pull boxes, conduits, wiring, remote ballasts, and light fixtures; and the installation of new circuit breakers, electrical panels, time clock, switches, and conductors inside the electrical room. The work at Lincoln School is maintenance - related and consists of the replacement of fixtures and ballasts atop the existing ballfield light poles. Each of the existing Lincoln School light poles, upon which work is to be performed, was evaluated by a testing laboratory through visual and ultrasonic inspections for structural integrity. The test results indicated that all of the existing light poles are in good condition and replacements are not required. Electro Construction is required to complete all construction work within 25 consecutive working days. All work at the Lincoln School ballfield must be completed no later than August 31, 1999, prior to the start of school in September. In the event that Electro Construction does not complete all of the work within the time allotted, a $500 per calendar day liquidated damage assessment will be made. Sufficient funding is available from the following accounts for the work: Account Number Account Description 7021- C4120332 Grant Howald Athletic Field Rehabilitation 7021- C4120431 Park and Field Renovation Respectfully submitted (�a �R PUBLIC WORKS DEPARTMENT Don Webb, Director By: _Vk�K_ Fon se, P.E. Ass ciate Civil Engineer Attachment: Project Location Map Bid Summary F: \Users \PBW\Shared\ COUNCIL \FY98- 99Uune -28 \Howald Lincoln C3253.doc Amount $169,000 50,000 Total: $219,000 E 0 Grant Howald and Lincoln School Ballfield Lighting o :;... ;:..'Q;;:•;:::... BIG CANY N 0 ....::: J O .`::.::.�jt ...`...:::.:::: O AN JOAQUIN HILLS ROAD O c D v LOCATION MAP NOT TO SCALE V Q W m O IL W Z LL O r v c 7 LL 0 a ui UJ Q a ui J U O O d m Y Y � d � W U � U U Z H OQ Q d Z o {2 a. 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BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 18, 1999 M.E.I. Electric, Inc. 7933 Palm Avenue Highland, CA 92346 Gentlemen: Thank you for your courtesy in submitting a bid for the Grant Howald and Lincoln School Ballfield Lighting (Contract No. 3283) 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 s 0 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 Grant Howald and Lincoln School Ballfield Lighting (Contract No. 3283) 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