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HomeMy WebLinkAboutC-3298 - Irvine Terrace Street Light ReplacementJuly 10, 2002 AY OF NEWPORT'OBEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 F. J. Johnson, Inc. P. O. Box 6341 Anaheim, CA 92816 -0341 Subject: Irvine Terrace Street Light Replacement Project (C -3298) To Whom It May Concern: On July 10, 2001, 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 August 28, 2001. The Surety for the contract is Western Surety Company, and the bond number is 190596219. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department R. Gunther, P.E., Construction Engineer enclosure 3300 Newport Boulevard, Newport Beach 0 0 PAGE 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE STREET LIGHT REPLACEMENT EXECUTED IN FOUR (4) COUNTERPARTS CONTRACT NO. 3298 • • � FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,962.00 --------------- - - - - -- being at the rate of $ 7.20 PER thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to F.J. Johnson, Inc., hereinafter designated as the "Principal ", a contract for construction of IRVINE TERRACE STREET LIGHT REPLACEMENT, Contract No. 3298 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. 3298 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and WESTERN SURETY COMPANY -- ------- - - - - -, duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of two hundred seventy-two thousand, four hundred sixty -six and 30/100 Dollars ($272,466.30) 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 specked in this Bond; otherwise this obligation shall become null and void. • 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 Performance Bond shall be extended and maintained by the Principal in full force and effect for one year 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 11TH day of JULY , 2000. F.J. JOHNSON, INC. -ox- Name of Contractor (Principal) Authorized Signatures e WESTERN SURE'T'Y COMPANY Name of Surety 1800 E. IMPERIAL HIGHWAY BREA, CA 92821 -6065 Address of Surety 714/255 -2200 Telephone Au orized Agent Signature JUDITH R. CUNNINGHAM, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 1. State of California County of Orange 0 NOTARY ACKNOWLEDGMENT On July 11, 2000 before me, Erika A. Nicholas Notary (Date) (Namell'itle - Notary Public) personally appeared Judith K. Cunningham ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in hWherltheir- authorized capacity(ies), and that by his&er /theiF signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NOT P !A COMMISSION 0114il0� ORANGE 1AlI CAnMIlAtiOA 1°a'MIM"�i�s�1 OPTIONAL INFORMATION CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL ❑ CORPORATE ❑ OFFICER(S) (Title) ❑ PARTNERS(S) LIMITED GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Witness my hand and official seal. (Signature of Notary) • I1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT ' �.-" .'.'.�'„'C ^.S<. <: ^:CG': +:<haC +: SS'6: 'CCS:.C..CS.4 :G'C:L".4 °: •: •..: .. �...'1. ?:.ACC`. C: Xti:•: .•;': •.'. . - 5 is State of California ss. County of Orange On July 17, 2000 before me, D. Bowes, Notary Public �} Date Name and Title of Officer (e.g.. 'Jane Doe. Notary Public'} personally appeared Daniel H. Smith ti Name(s) of Signer(s) 5 A X personally known to me i .1 proved to me on the basis of satisfactory i evidence to be the person(s) whose name(&) istare subscribed to the within instrument and acknowledged to me that heflsf yexecuted the same in hisfHefMireir authorized capacity{iesj, and that by hisfherktreir signature(e) on the instrument the person(&), or the entity upon behalf of which the person(&} acted. executed the instrument. WITN and and official seal. �C" Place Notary Seal Above Signature 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 Signer's Name: ❑ Individual • Corporate Officer —Title(s): • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 01988 WBarW Nd9n Mwcetbn•9350 De SOw Aw.,P.O M. 59e] Reader. CWl TdFFee t- BW!]6-0aZ] CIT OF NEWPORT BEACH August 28, 2001 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 F. J. Johnson, Inc. P.O. Box 6341 Anaheim, CA 92816 -0341 Subject: Irvine Terrace Street Light Replacement Project (C -3298) To Whom It May Concern: On July 10, 2001, 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 July 24, 2001, Reference No. 20010498318. The Surety for the contract is Western Surety Company, and the bond number is 190596219. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lb cc: Public Works Department R. Gunther, P.E., Construction Engineer encl. 3300 Newport Boulevard, Newport Beach is RECOPQ"FRN TED BY AND Recorded in official Records, county of orange WHEN RECORDED RETURN TO: Gary Granville, clerk- Recorder City Cl�k _2 19 :13 Ili{Illfl{Ililllfl{l 1111{ IIINII{I{INllill{fllill111181N0 FEE 3t0 of Newport Beach 20010498318 02:32pm 07124101 Nev4j �� g 109 o ro 00 �o.00 0.00 0.00 0.00 0.00 0.00 "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 F. J. Johnson, Inc. of Anaheim, California, as Contractor, entered into a Contract on June 27, 2000. Said Contract set forth certain improvements, as follows: Irvine Terrace Street Light Replacement, C -3298 Work on said Contract was completed on March 29. 2001, and was found to be acceptable on July 10, 2001, by the City Council. Title to said properly is vested in the Owner, and the Surety for said Contract is Western Surety Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Execute_ddoon/ p / at Newport Beach, California. BY Y �l A 1L 2 /2/!iE'er 1� City Clerk C r • C,3aga' July 10, 2001 CITY COU.NC1L"AGENDA ITEM NQ:`:.2, TO: Mayor and Members of the City Council 0 Ju- FROM: Public Works Department t APPROVED SUBJECT: IRVINE TERRACE STREETLIGHT REPLACEMENT PROGRAM, CONTRACT NO 3298 — 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. 11IM6111-i -061 A On June 27, 2000, the City Council authorized the award of the Irvine Terrace Streetlight Replacement contract to F.J. Johnson, Inc., of Anaheim, California. The contract provided for the conversion of the obsolete 5000 -volt series streetlight circuits and replacement of the aging facilities, by the replacement or refurbishment of ninety - two incandescent lights and approximately 14,000 feet of obsolete electrical conduit and wiring. Most of the project work was on the eastside of the Irvine Terrace community, with a small amount of work also done on Bayside Drive below Irvine Terrace. 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: $272,466.30 Actual amount of bid items constructed: $277,112.10 Total amount of change orders: 21,584.31 Final contract cost: $298,696.41 The final overall construction cost including change orders was 9.63 percent over the original bid amount. SUBJECT: Irvine Terrace Streetlig placement, Contract No. 3298 - Completion And tance July 10, 2001 Page 2 Two change orders totaling $21,584.31 were issued to complete the project. They were as follows: 1. A change order in the amount of $11,401.11 provided for the replacement of 8 streetlight poles and foundations, 2 pullboxes and a modification to one base wall at a streetlight. 2. A change order in the amount of $10,183.20 provided additional caps on poles, and additional excavation and foundation reconstruction. Funds for the project were budgeted in the following account: Description Account No. Amount Street Light Replacement Program 7014- C5300035 $298,696.41 The original scheduled completion date was December 12, 2000. Due to changes in the work and City- requested additional work, the completion date was extended to March 29, 2001. All work was completed by the revised completion date. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By:Z R. Gunther, P.E. Construction Engineer RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "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, Califomia, 92663, as Owner, and F. J. Johnson, Inc. of Anaheim, California, as Contractor, entered into a Contract on June 27, 2000. Said Contract set forth certain improvements, as follows: Irvine Terrace Street Light Replacement, C -3298 Work on said Contract was completed on March 29, 2001, and was found to be acceptable on July 10, 2001, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on <Ltj cc at Newport Beach, California. BY� City Clerk July 12, 2001 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Newport Dunes Storm Water Diversion (C- 3297); and Notice of Completion for the Irvine Terrace Street Light Replacement (C -3298) Please record the enclosed documents and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Attachments 3300 Newport Boulevard, Newport Beach CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 2:15 p.m. on the day of June 13, 2000, at which time such bids shall be opened and read for IRVINE TERRACE STREET LIGHT REPLACEMENT Title of Project Contract No. 3298 $ 294,000 Engineer's Estimate roved b 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- 3342. 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE STREET LIGHT REPLACEMENT K 6 13 M, t 91 L 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE STREET LIGHT REPLACEMENT CONTRACT NO. 3298 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. 3 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. 489328 C10 Contractor's License No. & Classification F.J. Johnson, Inc. i er Corporate Secretary Author ed Sig aturelTitle Date June 13, 2000 un %uu inu ia:zu rna i ria 031tizItu r J Juw1 UN ILM, UVVJ PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE STREET LIGHT REPLACEMENT CONTRACT NO. 3298 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE TOTAL AMOUNT HTn IN ------ - - - - -- Dollars ($----- 14,x- - - - -1, to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of IRVINE TERRACE STREET LIGHT REPLACEMENT, Contract No. 3298 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 9TH day of F. J. JOHNSON, INC. Name of Contractor (Principal) WESTERN SURETY COMPANY Name of Surety 1800 E. IMPERIAL HIGHWAY BREA, CA 92821 -6065 Address of Surety 714/508 -1450 Telephone r uthori�— zed'Agent Signa re TERRI L. VAUGHAN ATTORNEY —IN —FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) cretary State of California County of Orange NOTARY ACKNOWLEDGMENT On June 9, 2000 before me, J.K. Cunningham Notary (Date) (Name/Title - Notary Public) personally appeared Daniel H. Smith ® personally known to me - OR - ❑ --------------------------- 1 J. K. CUNNINGHAM p COMM. ¢#1113192 � NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY N I MY COMMISSION EXPIRES OCT. 6, 2000 ------------- ---- -- ----- CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL ® CORPORATE ❑ OFFICER(S) (Title) ❑ PARTNERS(S) LIMITED GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: F. J. Johnson, Inc. proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/hen4heir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL INFORMATION Witness my hand and official seal. (Signet (! o Notary) 0 9 State of California NOTARY ACKNOWLEDGMENT County of Orange On June 9, 2000 before me, J.K. Cunningham Notary (Date) (NamelTitle - Notary Public) personally appeared Terri L. Vaughan ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that heAheAhey executed the same in his/herAheie authorized capacity(ies), and that by hisEher /their- signature(s) on the instrument ------------------------- J. K. CUNNINGHAM : the person(s), or the entity upon behalf of which o COMM. # 1113192 the person(s) acted, executed the instrument. NOTANI PUBLICGCALIFORMA K ORANGE COUNTY ON j MY COMMISSION EXPIRES OCT. 6, 2000 --------------------------- OPTIONAL INFORMATION CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL ❑ CORPORATE ❑ OFFICER(S)_ (Title) ❑ PARTNERS(S) LIMITED GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: Witness my hand and official seal. (Si atu of Notary) I "D% VAestern Surety Cot*any A Subsidiary of CNA Surety Corporation POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office In the City of Sioux Falb, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Denise Bennett, Judith K. Cunningham, Scott Dunham, John M. Garrett, Kari Goodman, Griff Griffith, Gerry MCEwen, Steven C. Mosier, Erika A. Nicholas, Terri L. Vaughan, Individually of Tustin, California its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as it such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duty adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by Its President and its corporate seal to be hereto affixed on this 17th day of December 1999 . �+u�t WESTE I RETY_C M NY T 4•y„ Stephen T. Pate, President State of South Dakota County of Minnehaha ss On this 17th day of December 1999 before me personally came Stephen T. Pate, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHR ^ October 22.2005 a/S EALISOU H PUBLIC SOUTH DAKOTA My Commission Expirm 10- 12.2004 �• Mohr, Notary PUDIIC 4 CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have h2erreun o subscribed my name and affixed the seal of the said corporation this 9TH day of JUNE Forrn F4280 -12 -99 WES& SURETY COMPANY elSOn, Assistant Secretary I,, PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE STREET LIGHT REPLACEMENT CONTRACT NO. 3298 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 PO Box 5390 item # 17 Amicale Riverside. 2. 3. 4. 5. 6. 7. 8. 9. 10. F.J. Jc.hnson, Inc. Bidder 92517 Corporate Secretary PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE STREET LIGHT REPLACEMENT CONTRACT NO. 3298 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 SEE ATTACHED F.J. Johnson, Inc. Corporate Secretary Bidder Auto zed Sinnatu i le • Jobs Completed • 1990-1991 JOB NO. DATE COMPLETED PROJECT AWARDING AGENCY AGENCY'S CONTACT & CONTRACT AMOUNT AND ADDRESS AND PHONE NO. 189 08 -22- 90/$79,685.00 CITY OF IRVINE George Foster Alton Pkwy Widening 1 Civic Cntr Plaza (714)724 -6551 Traffic Signal Irvine, CA 163 12- 19- 90/$134.220.00 COUNTY OF ORANGE Dave Goya and El Toro Rd & Bells Viero E. M. A. John Delsign Traffic Signal (714)472 -7970 190 01- 15- 91/$125,965.00 CITY OF TUSTIN Fred Page Tustin Ranch Road 300 S. Centennnial (714)544 -8890 Traffic Signal Tustin, CA Way Ext. 447 191 02- 10- 91/$81,915.00 CAL TRANS Bob Carrell Beach Blvd.& (714)854 -8195 Hillsborough/T /S 215 02 -15- 91/$70,536.00 CITY OF ANAHEIM Glen Bagley Lincoln, Anaheim 200 E. Lincoln (714)254 -5282 Traffic Signal Anaheim, CA 221 05- 10- 91/$94,087.00 CITY OF IRVINE Rob Hughes Jamboree & Dupont P.O. Box 19575 (714)724 -7648 Traffic Signal Irvine, CA 205 06 -09- 91/$90,987.00 CITY OF SANTA ANA Al Mesh Tustin & Bentall 20 Civic Cntr Plaza (714)647 -5609 Traffic Signal Santa Ana, CA 213 07 -29- 91/$112,158.00 CITY OF ORANGE Chris LaFace Katella /Home Depot 300 E. Chapman Ave (714)532 -6426 Traffic Signal Orange, CA 243 09- 03- 91/$93,140.00 CITY OF ANAHEIM Glen Bagley Clementine & Freedman 200 E. Lincoln (714)254 -5282 Traffic Signal Anaheim, CA 248 10 -10- 91/$106,113.00 CITY OF HUNTINGTON BCH Jim Otterson Main St. & Delaware Ave. 2000 Main Street (714)536 -5227 Traffic Signal Huntington Bch, CA 257 11 -26- 91/$78,152.00 MISSION VIEJO COMPANY Barry Osborne Aliso Crk Rd & Pursuit 26137 La Paz Road (714)837 -6050 Traffic Signal Mission Viejo, CA • Jobs Completed 1996-1997 DATE COMPLETED PROJECT AWARDING AGENCY AGENCY'S CONTACT & CONTRACT AMOUNT AND ADDRESS AND PHONE NO. _ 03 -01- 96/$164,100.00 City of Brea Street Lighting 03 -18- 96/$45,367.00 Lincoln Ave. & East St Signal Modification 05-16-97/$460,000.00 Lincoln Avenue City of Anaheim 04-20-97/$220,000.00 Western Avenue Hillcrest Contracting Jerry Blair P. O. Box 1898 (909)273 -9600 Corona, CA 91718 -1898 City of Anaheim Glen Bagley 200 So. Anaheim Blvd (714)254 -5126 Anaheim, CA 92802 City of Anaheim Caster Williams 200 So. Anaheim Blvd. (714)254 -5176 Pouk & Steinle Bob Biscoe (909)682 -2982 City of Anaheim Dave Nelson (714)254 -5176 Pouk & Steinle (909)682 -2983 Jobs Completed 1992-1993 JOB NO. DATE COMPLETED PROJECT AWARDING AGENCY AGENCY'S CONTACT & CONTRACT AMOUNT AND ADDRESS AND PHONE NO. 280 07 -21- 92/$228,539.00 Various Locations Santa Ana 281 07-20-92/$119,263.00 Tustin Ranch Rd /Auto Cntr Traffic Signal 292 08 -19- 92/$261,232.00 Moulton Parkway Traffic Signal /Modification 260 09 -14- 92/$320,047.00 Victoria Street Improv. Costa Mesa 301 11 -06- 92/$155,376.00 Auto Center Drive Traffic Signals 304 07 -16- 93/$248,246.00 Various Locations Traffic Sig /Modifications 305 02 -01- 93/$190,217.00 Aliso Creek Road Traffic Signals 307 02 -01- 93/$38,923.00 Bristol /Hesperian Way Traffic Signal Modification 313 05 -17- 93/$186,825.00 Oso Pkwy /Country Club Dr Traffic Signals 315 04 -27- 93/$79,996.00 Red Hill Avenue Traffic Signal Modification CITY OF SANTA ANA Dave Urbin 20 Civic Center Plaza (714)565 -4029 Santa Ana, CA CITY OF TUSTIN Fred Page 15222 El Amo Ave. (714)544 -8890 Tustin, CA Ext. 447 COUNTY OF ORANGE John Delsign (714)4.72 -7970 SULLY MILLER COMPANY Jerry Blair 6145 Santiago Canyon (714 -639 -1400 Orange, CA CITY OF TUSTIN Fred Page 15222 Del Amo Ave. (714)544 -8890 Tustin, CA Ext. 447 CITY OF ORANGE Chris LaFace 300 E. Chapman Ave. (714)532 -6426 Orange, CA CITY OF MISSION VIEJO Jack Candelori 26522 La Alameda (714)582 -2489 Mission Viejo, CA CITY OF SANTA ANA Dave Urban 20 Civic Center Plaza (714)565 -4028 Santa Ana, CA CITY OF MISSION VIEJO Dennis Wilberg 26522 La Alameda (714)582 -2489 Mission Viejo, CA CITY OF TUSTIN Fred Page 15222 Del Amo Ave (714)544 -8890 Tustin, CA Ext. 447 • Jobs Completed • 1994-1995 DATE COMPLETED PROJECT AWARDING AGENCY AGENCY'S CONTACT & CONTRACT AMOUNT AND ADDRESS AND PHONE NO. 01 -11- 94/$186,238.00 COUNTY OF ORANGE John Delsign Alicia Parkway E. M. A. (714)472 -7970 Trf Sig /Mod /Street Lights 01 -20- 941$73,940.00 CITY OF ORANGE Chris LaFace Two Locations 300 E. Chapman Ave. (714)532 -6426 New Traffic Signals Orange, CA 03 -11- 94/$559,644.00 CITY OF LAGUNA NIGUEL Dave Rogers Various Locations 27781 La Paz Rd (714)362 -4377 New Traffic Signal Laguna Niguel, CA 03- 15- 94/$376,200.00 SULLY MILLER CONTRACT. Bill Tremble La Palma/Tustin /Lakeview 1100 East Orangethorpe (714)491 -3480 Modify Two Locations Anaheim, CA 08 -01- 94/$511,771.00 CITY OF LAGUNA HILLS Ken Rosenfield Cabot Rd Improvements 25201 Paseo de Alicia (714)707 -2650 Trf Sig & Road Imp Laguna Hills, CA 10 -02- 94/$92,635.00 CITY OF COSTA MESA Tom Banks 19th St & Meyers Place 77 Fair Drive 714)754 -5029 Traffic Signal Costa Mesa, CA 10- 21- 94/$54,441.00 CITY OF FULLERTON Mohammad Auf Commonwealth Ave /Basque Ave 303 West Commonwealth 714)738 -6845 Signal Modification Fullerton, CA 10- 30- 941$427,718.00 CITY OF NEWPORT BEACH Jeff Stewart Balboa Peninsola St 3300 Newport Blvd. Herb Wollerman Lt Rep /New St Light Sys Newport Blvd, Ca (714)644 -3301 01- 19- 95/$170,000.00 CITY OF FULLERTON Paul Smith Various Locations 303 W. Commonwealth (714)738 -6845 Modify Traffic Signals Fullerton, CA 01- 20- 95/$279,710.00 MISSION VIEJO CO. Ann Hibbard Two Locations 26137 La Paz Rd R. B. F. Traffic Signal Imps Mission Viejo, CA (714)472 -3505 03- 01- 95/$372,209.00 CITY OF PLACENTIA Warren C. Siecke Various Locations 401 East Chapman Ave. (714)993 -8134 Install Traffic Signals Placentia, CA 92670 10- 01- 95/240,100.00 Sully Miller /Anaheim Bernie Anderson Kraemer Ave /La Palma 1100 East Orangethorpe (714)578 -9655 Signal Modification Anaheim, CA 09- 15- 95/$113,509.00 City of Garden Grove Frank Gaggia Garden Grove Blvd /Newhope 11391 Acacia Pkwy (714)741 -5191 Signal Mod & Median Work Garden Grove, CA 92642 06/09.00 FRI 12:10 FAX 1 714 6328569 F J JOHNSON INC la002 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE STREET LIGHT REPLACEMENT CONTRACT NO. 3298 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) PAGE Daniel H. Smith being first duly sworn, deposes and says that he or she is Secretary of F. J. Johnson, I'ric. 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 la lofhre aornla at the foregoing is true and correct. F. J. Johnson, Inc. Bidder Subscribed and sworn to before me this 9th day of June 2GOO. ' l [SEAL] NotaW Public My Commission Expires: Oct. 6, 2000 N J. K. CUNNINGHAM p COMM. #1113192 g NUTARY PUBLIC -CALIFORNIA 3 ORANGE COUNTY i _ MY COMMISSION EXPIRES OCT. - 6, 2000 P CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PAGE 7 IRVINE TERRACE STREET LIGHT REPLACEMENT CONTRACT NO. 3298 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 of the Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND 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. Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt of the Notice of Award to the successful bidder. 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: Propedy_Gasualty. 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. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PAGE 8 IRVINE TERRACE STREET LIGHT REPLACEMENT CONTRACT NO. 3298 CONTRACT THIS AGREEMENT, entered into this 27th day of June, 2000, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and F.J. Johnson, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: IRVINE TERRACE STREET LIGHT REPLACEMENT Project Description 3298 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. 3298, 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. • • 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 seventy-two thousand, four hundred sixty-six and 30/100 Dollars ($272,466.30). 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: Michael J. Sinacori (949) 644 -3342 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: F.J. Johnson, Inc. P.O. Box 6341 Anaheim, CA 92816 -0341 (714) 632 -1415 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. 4. Other Insurance Provisions • PAGE 11 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 amount provided that the Work damaged is built in accordance with the plans and specifications. •,* 6. Right to Stop Work for Non - Compliance • PAGE 12 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. 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 and year first written above. ATTEST: (� M. "t11 CITY CLERK CITY OF NEWPORT BEACH A Municipal C rporation Cont r ctor By: 4 Authorized Signature and itle ACCORD OATE(MMAm" . 07/26/2000 'PRODULlR (714) 508 -1450 FAX (714) 508 -1455 arrett /Mosier Insurance Services, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 17291 Irvine Blvd., Suite 104 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Tustin, CA 92780 COMPANY Pennsylvania General Ins. Co. . Attn: Kari Goodman EXt: 470 A INSURED COMPANY GeneraTAccident Ins. Co. e COMPANY c F.J. Johnson, Inc. 3000 E. Coronado Street -- Anaheim, CA 92606 COMPANY D THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRE)AEM, TERM OR CONOM014 OF ANY CONTRACTOR OTHER DOCUMENTVVITH RESPECrTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUCHES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. T Do LTTH ME OF INSURANCE — POLICY NJMBE72 -••i POUCYEFFECTIVE DATE(MumanYl POUCYBXPIRATION GATEPHUDOIYYI LIMITS GENERALUABILITY GENERAL AGGREGATE S 2,000 000 PRODUCTS- COMPIOPAGG i 2,000 -000 X COMMERCIAL GENERAL uAmuTY A CLAMS MADE ]OCWa OWNINGAOONTRACTOKSPROr PP121764700 03/31/2000 03/31/2001 PERSONAL t AIN INJURY t 1 000'000 EACH OCCURRENCE s 11000,000 FIREDAAAGE(""%) s 3013,000 MEOWIAY MPS) s ID ,000 AUTOMOBILE! X LIABILITY ANY AUTO COMBINED SINGLE UNrt i 1,000,000 _ BODILY INJURY (Peroeeml % A ALL OWNED AUTOS SCHEDULED AUTOS HIRFDAUTOS NONLWNEDAUTOS 032105200 03/31/2000 03/31/2001 X BODILY MARY (I>p ACnV.N) s X PROPERTY OAMIIGE t GARAGE WIBIUTY AUTO ONLY -EA ACCIDENT i OTHERTHAN AUTO ONLY: ANrAUTD ' EACH ACCIDENT i AGGREGATE S EWEN UAeIT,ITY EACH OCCURRENCE t 1,000,000 B X UMBRELLAFORM U8020161700 03/31/2000 03/31/2001 AGGREGATE t 1,000,000 i OWE R THAN UMOREUA FORM MIORNERSCOMPI3M"ON AND Fj• EMPLOYERS' UANLIn t 0. EACH ACCIDENT 0.OTSEA.9E -POLICY LIMIT S THE PROPRIETOW WCL PARTNERSE ECUTIVE OFFICERS ARE EICL __�- ....__ 0.IXSPASE•EA EMTA.pYEE S OTHER h4CRIPTION OF OFERATIONin, yCATIONSNEJD•CLE9WPECUL ITEIS is certificate may be rellied upon only if the description of operations attachment referred to herein s attached hereto, RE: Irvine Terrace Street Light Replacement Contract #3298. General Liability roperty Damage Occr. Deductible: 51,000. *10 Day Notice of Cancellation in Event of Non -Pay of Prem. T) uscerd5caJ endcmm; intsupenada= y previously issuedPxr6ftcstTJendDT =m&n SNOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE oalRAeoN DATE THEREOF .THETesww COMPANY mL,LMiBD 6MAL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Newport-Beach 3300 Newport Blvd AUTHOR!�l ATME i Newport Beach, CA 92669 -1768 City of Newport Beach Certificate issued to City of 'Newport Beach 07/26/2000 Garrott /MnCier Tnsurance Services. Inc. F.). Johnson, Inc. RE: Irvine Terrace Street Light Replacement Contract #3298 City of Newport Beach, its officers, officials, employees and volunteers are added as Additional Insured and this insurance is primary /non - contributory, per CG20101185 attached, with respects to work performed for them by F. 1. Johnson, Inc., under General Liability coverage_ City of Newport Beach, its officers, officials, employees and volunteers are added as Additional Insured, and this insurance is primary /non - contributory, per A -8060 6.92 attached with respects to work performed for them by F. J. Johnson, Inc., under Automobile Liability coverage. CA00291288 attached. This osrtifiestdertdanemmt supcnedw my prc iously issued ceRi&etd=doram,sot. 0 0 Named Insured: F.J. Johnson, Inc. POLICY NUMBER: Policy #CCP121764700 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CG 20 10 1105 ADDITIONAL INSURED— OWNERS, LESSEES' OR CONTRACTORS (FORM 0) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGERART SCHEDULE Name of Person or organization: tt i-as, Blanket as required by written contract. (It 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. "It is agreed that such insurance as is afforded by this.policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and non- contiibuttiry, but only as respects any claim, loss or liability is determined to be responsibility of the named insured." This anifwaWeedomment ripe aedcs my pmtowly issued artWatUtndwn t u C Cocyrisml. Insunnee Services office. Inc., 1984 too®I ONI NOSNHOr r d 66229C6 4TL T YV4I..ZT:0T aU 00 /T0/00 G /�\ GENERAL \\ ACCIDENT INSURANCE This Endorsement Changes The Policy. Please Read It Carefully. Additional Insured Endorsement This endorsement modifies insurance provided under the following: Business Automobile. Coverage Form Truckers Coverage Form Named Insured: F. J. Johnson, Inc. Additional Insured: Blanket as required by written contract Policy Number. BA 0321052 -00 Endorsement effective: From: 03/31/2000 To: 03/31/2001 The following paragraph Is added to Section II. A.1. Who Is An Insured: The additional insured, shown in the schedule above, for all sums: 1. that the additional insured must pay because of "bodily Injury" or "property damage" to which this insurance applies; and ii. resulting from the additional insured's liability for the conduct of any other "insured', but only to the extent of that Gablity. "It is agreed that such insurance as i6 afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and non - contributory, but only as respects any claim, loss or liability i6 determined to be responsibility of the named insured:' Tits cerdEcareleMorM=t eupmcdm eny rreN[=IY Issued certiGc:.tJrndan:a�xn+.. A-8060 6.92 ennM '1e1T Onch Qne P Al YGe*7PG %Tr T WJ 7T-AT 4nT GniTA /an Named Insured: F.J. John, Inc_ • CA 00291288 Policy #BA0321052 -00 THIS ENDORSEMENT CHANGES ll HE POLICY. PLEASE READ IT CAREFULLY. CHANGES IN BUSINESS AUTO AND TRUCKERS COVERAGE FORMS _ INSURED CONTRACT ' This endorsement modifies Insurance provided under the following: EUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM The definition of 'Insured contract" in the DEFINITIONS Section Is replaced by the following: E. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. An easement or license agreement in connection with vehicle or pedestrian• private railroad crossings at grade; 4. Any other easement agreement, except In connection with construction or demolition operations on or within 50 feet of a railroad; 5. Any Indemnification of a municipality as required by ordinance, except in connection with work for a municipality; 8, That part of any contract or agreement entered Into, as part of your business, by you or any of your employees pertaining to the rental or lease of any "auto;" C C- v 7. That part of any other contract or agreement pertaining to your business under which ydu assume the tort fiabllily of opother to pay damages because of "bodily Inury" or "property damage' to a third person or organization, If the contract or agreement Is made prior to- the `bodily Injury" or "properly damage' Tort liability means a [[ability that would be Imposed by law in the absence of any contract or agreement. An "insured contract" does not Include that part of any contract or agreement; 1. That pertalns to the- loan, lease or rental of an "auto" to you or any. of your employees, If the "auto" Is loaned, leased or rented with a driver, or 21 That holds a person or organization engaged In the business of transporting property by 'auto" for hire harmless for your use of a covered 'auto"' war a route or. ,territory that person or organization Is authorized to serve by public authority. 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CAGIFOI?ltIA'• 526$8=i3F1' 70�;:'kL6 L This is to c,Qitny that W¢ nave issued a valid Yvdrkers' t:QtnpeltisatiQr insOrafi_Cq policy in ]p farm approved by the Caltjotida Insurance Comtba5onerwthe e'mptoyer•niMWdbelo% forthe poticy'parigd intlicl ted; :' 1. •' .rThis policy Is not subject to cancellation by the Fund excdpt upon-19PEays' abvance wiitteh notige„tb the omplgkl: ” `' We rdll also gNe you 799! days''hdvance ndtic¢ should tt isp6licy be cahcelle� prior Whsnortnal &Viraftn.l,: XX. This certificate Of insurance is not zn lnsurance policy and does W,,amdhd, dxtend br altgr the coverage affokled bj the • . pollcJss listed herein:. NotAfthstanding any requirement• tams, -or condition of any'convict or other documem with respA116 Which 6i1's certtficafe-of insurance may be issued br may pertdin• the Irrsurance'aftordsd ' by-the pollCies- .1 '.14mcn'bed tter6lrtls'3ubjwt to all lhd berme• exciusions and condhiops of suoh p0licle4: ''AUTHORIZED REPRE6ENT�TIVE �• ..., -' �ttPLOYHR'.4.L2AS3{IIX LIt1I7 INCbUDI?fG'DE'F;HSfi CO3tS7 6ir.0$f9r00m:.pESt QCCUR$F�BCF'; %', EAb0A5EbRfiT 1rZ065 EHTITI ED CTFILAT! HOLDERS" NA7ICE l FFLt 7TY; •: ,03/31)00'IS' k'I:TACHED' Tb`AND'FORMS.:A: PART;:1���f1II$:Pi1L'iCY:. � -' - ; •, '• EHD0�6MEliT :'4�2570.ERTSTLED`1tAIPEA:'q� SIl13l�OGA7IDif ':tifB�1`�.YE..,��... ; •, . _ _ .x/18 /ee:•xS "= arrxctia�i To :AND 4• , -� .�kRT THIRD PARTY �AAItf: CZT4 ,OF HfiYPp1;7 8.4k A F. J' 'T ANSOH, INC..' •..;: :. ; - . :. ':.:. P. 0. �.�OR 6847:. •. ANA`t!$I3I. CALiFOAAIA' 32818 '; , 1.00M 3NI NOSN30r f 3 6929bee HL I YYd MOT 311E 00 /So /90 AUG -01 -00 'I'UE 0221 NM hAX NU. • N. 01/07 RC. C',lvev CITY OF NEWPORT BEACH t,�j� 0 t 2400 �Er PUBLIC WORKS DEPARTMENT of ok NN P.O. BOX 17'68 ZAVAOR UN � n NEWPORT BEACH, CA 92638. 8915 ., x ��rnon��r FAX COVER SHEET DATE. FAX NUMBER: 714-939.1654 aL SUBJECT: APPROVAL OF INSURANCE DOCUMENTS FAXED BY: Shaun PHONE NUMBER: (949) 644.3311 NUMBER: (949) 644.3318 NUMBER OF PAGES INCLUDING COVER SHEET: COMMENTS: PLEASEAPPROVEMP �ruK XDU, Please Notily Sender If Transmission Is Incomplete 60/T0'd BTSz "g 696 Fptl39lb0d93J d] A1I3 ZC:£Z 0002 -T£ -W i . r r . �ruK XDU, Please Notily Sender If Transmission Is Incomplete 60/T0'd BTSz "g 696 Fptl39lb0d93J d] A1I3 ZC:£Z 0002 -T£ -W AUG -01 -00 TUE 0221 PM • FAX N0. • P. U2 10 4W.-C. ruuu tu[ un.uU 111 (S:CAL-SURANCE CERTIFICATE OI: INSZJRl1NCE g �S CHECKLIST CITY OF NEWPORT BEACH TATS CFIECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY TIC CITY OF NEWPORT BEACH. DATE RECEIVED: r i t DEP AATMWr1COWA rr • i..i : �i DATE E. r_ j* SEW TO, affiftW :tr TO HAVE CERTMCATE7 . , GENERAL LIABTLITY: A TNSURANCE COM PANY: 11A1rsY% V .ulA ��J eWMAYY B. AM BEST RATING (A VN or Sm":_ -- C ADMnM CObAPANY: C Muss be Calfknt a AdmlaeW 15 eompatty tied In Cltubminf Yes ✓ No^ D_ LIMITS: (Must be $1,000,000 at heater) Wbu is Ilmit p dedT ! E. PRODUCTS AND COMPLETED OPERATIONS: (Must Itul - - 1e s )nelttded? Yu We F. ADDITIONAL INSURDED WORDn4 i TO INCLUDE: ( The ChY us ollw= UQVA o[fick4L employees and voldareets). Is it Included? Yu—!!f- No_ Ct. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be Iaetudo0 U it itte)udod? Yes ✓No K CAtMONI ( Confirm that loss or Liability of the Named ( muud is ra limited moldy by thdr ee51 PM.) Does endommear include `solely by aviteace" wofdt a Yes_)- No,^ 1. NOTIFICATION OF CANCELLATION: Aukagh these Is a pr vision dW requites noti5atin of =ncellation be cerrllted mall; per I =cn Fanny the Chy wM aeeopt the endeavor tvotding. M AUTOMOBILE UABU TTY; A. INSURANCE COWANY: B. AM BEEST RATING (A VII m greater): C. ADMCCTED COMPANY; ( MUST BE CALIFORNIA ADM=) Is company adadtmd? Yes ✓ No D• LIMITS: (Ivkmt be $1.000.000 mininwat BI x PD and 5500,140 UM) W(nr is (irtdtc ptovikd7 ° E. ADDITIONAL INSURED WORD049 To INCLUDE: (The Ciy its officers AWts. officals, enWloYsss and Yolmteart). Ts it included° Yes ✓ No_ F, PRIMARY AND NON CONTRIBUtORY WORDING: (Mutt be Included), Is h included? Yse,• No_y0"_ G. NOTMCATION OP CANCELLATION: AIMUEls IhM is a provides the reorrx notMcoAnn of autaihtitm by cetrltled =It per Lauren Farley the City win accept the endeavor wording M. WORKERS COMPENSATION. A. MLVANCB COMPANY: .4%01f' IV �AlS Cl plt[ B. AM BEST RATING (A VII or peaterj C. LA41TS: SWtutoty D. WAVIER OF SUBROGATION: (To include). Is it iadodO. Yes ✓ Na! HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes — IF NO, WHICH ITEMS NEED TO BE COMPLETED? ! JWA �usyesD fun's K1P.7 AMA&4zzwz ?jff AUfOj 3) C/JRJ7I�jZ'S feATi�16 !s MkU I!/RN No ✓ 4e/Z0'd 610E "9 646 tiJtiBH180&34 -10 A110 Zt+:EZ B)0N -TE -W CITY OF NEWPORT BEACH BID SCHEDULE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL IRVINE TERRACE STREET LIGHT REPLACEMENT CONTRACT NO. 3298 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. 3298 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 @ twelve hundred fi Vollars and zero Cents 1,250.00 Per Lump Sum $ 2. LUMP SUM Traffic Control @ twenty one hundred Dollars and zero Cents Per Lump Sum $ 2,100.00 3. 44 Replace luminaire on existing type I EACH street light standard with 70 -watt HPS, 240V luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. @ four hundred thirtyDollars six dollars and tarn Cents Per Each $ 436.00 $ 19,184.00 r J PR -2 of 5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 7 Replace existing street light standard EACH with type I street light standard on new foundation complete with 70 -watt HPS, 240V luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. @twenty two sixty Dollars seven col-Mrs and ZP_rO Cents Per Each $2,267.00 $ 15,869.00 5. 7 Replace luminaire on existing type III EACH street light standard with 70 -watt HPS, 240V luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. @ six hundred ninty Dollars three dollars and Cents Per tach $ 693.00 $ 4,851.00 6. 1 Replace existing street light standard EACH with new type III street light standard on existing foundation complete with 70 -watt HPS, 240V luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. @ twenty seven hundredpollars eighty four dollars and zero Cents Per Each $_2_, 784. 00 $ 2,784.00 7. 13 Replace existing street light standard EACH with new type I street light standard on existing foundation complete with 70- watt HPS, 240V luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. @ twenty three hundrecbollars ninty 5ix dultaLs and zero Cents Per Each $ 2,396.00 $31,148.00 i PR -3 of 5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 18 Relocate existing street light standard EACH on new foundation and replace lighting fixture with 70 -watt HPS, 240V luminaire, including PEC, fusing, conduit, and conductors from adjacent pull box to luminaire. @ al avan hundred Dollars seventy dollars and zero Cents Per Each $ 1,170.00 $21,060.00 2 Relocate existing street light standard EACH on new foundation, install conduit, and conductors from adjacent pull box to luminaire. @ five hundred ninty Dollars five dollars and zero Cents $ 595.00 $ 1,190.00 Per Each 10. 3 Modify service cabinet to provide 2 -2P EACH 20 amp breakers and connect wiring. @ forty eight Dollars and zc�rn Cents Per Each $ 48.00 $ 144.00 11. 14,200 Install 1 v4 -inch PVC conduit with 248 LINEAR FT. insulated conductors and 148 bare conductor. @ nine Dollars and ten Cents $ 9.10 $ 129,220.00 Per Linear Ft. 12. 3,870 Install 248 insulated conductors and 1- LINEAR FT. #8 bare conductor in existing conduit. @ one Dollars and eighty six Cents Per Linear Ft. $ 1. 86 $ 7,198.20 0 r PR-4 of 5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 13. 61 Install 4 #8 insulated conductors and 1 LINEAR FT. #8 bare conductor in existing conduit. @ two Dollars and ten Cents Per Linear Ft. $ 2.10 $ 128.10 14. 13 Remove existing pull box. Remove EACH existing conduit and conductors and restore surface to match adjacent area. @ nna hundred ninty Dollar and zero Cents Per Each $ 190.00 $ 2,470.00 15. 1 Install new service cabinet and #5 EACH pull box per CNB STD -206 -L @ twenty eight hundredDollar ninty dollars and zero Cents Per Each $ 2,850.00 $ 2,890.00 16. 7 Sawcut and reconstruct gout cap EACH and patch foundation as necessary. @ one hundred seventy Dollar six dollars and zero Cents Per Each $ 176.00 $ 1,232.00 17. 10 Install concrete block slough wall as EACH required for earth retention. @twelve hundred sixty Dollar and zero Cents Per Each $ 1,260.00 $12,600.00 0 0 PR -5 of 5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 18. 8 Install modified foundation to elevate EACH pole height above surrounding grade @ two hundred forty Dollar one dollars and 1.1,, Cents Per Each $ 241.00 $ 1,928.00 19. 94 Install new #3 -1 /2F concrete pull box. EACH Use #5 F when 5 or more conduits terminate in the same box. @ one hundred twenty Dollar !7-- aoiiars and zero Cents Per Each $ 120 -00 $11.280.00 20. 20 Replace existing #3 -1/2F pull box EACH with new #3 -1/2F concrete pull box. @ one hundred ninty Dollars seven dollars and zero Cents Per Each TOTAL BID SCHEDULE PRICE TOTAL PRICE IN WRITTEN WORDS Two hundred seventy two thousand four Dollars hundred sixty six dollars and and zero Cents Bidder's Name Johnson, Inc. $ 197.00 $3,940.00 $ 79,466 nn Total Price (Figures) Bidder's Address p_0_ Box 6341. Anaheim. CA 92816 -0341 Bidder's Telephone Numbe Contractors License No. & Secretarl • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS IRVINE TERRACE STREET LIGHT REPLACEMENT CONTRACT NO. 3298 Page No. I. SCOPE OF WORK .................................................... ............................... 1 II. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK ............... 1 III. LIQUIDATED DAMAGES ........................................... ............................... 2 IV. CLASSIFICATION OF CONTRACTOR'S LICENSES ............................... 2 V. WATER ...................................................................... ............................... 2 VI. PUBLIC CONVENIENCE AND TRAFFIC CONTROL ............................... 3 A. Traffic Control ................................................. ............................... 3 B. "No Parking Tow - Away„ Signs ......................... ............................... 3 C. Notification to Residents ................................. ............................... 4 VII. REPLACEMENT OF SERIES CIRCUITS ................... ............................... 4 VIII. CONCRETE STREET LIGHT STANDARDS .............. ............................... 4 IX. LUMINAIRES ............................................................. ............................... 4 X. FUSEHOLDERS ........................................................ ............................... 4 XI. CONDUIT AND CONDUCTORS ................................ ............................... 5 A. Conductors ...................................................... ............................... 5 B. Jacking of PVC Conduits ................................. ............................... 5 C. Trenching of PVC Conduits .............................. ............................... 5 XII. PROTECTION AND REPLACEMENT OF IMPROVEMENTS ................... 5 XIII. SALVAGE .................................................................. ............................... 6 XIV. CONSTRUCTION DETAILS ....................................... ............................... 6 A. Removals ...................................................... ............................... 6 B. PCC Replacement ........................................... ............................... 7 XV. SOLID WASTE DIVERSION ...................................... ............................... 8 XVI. AS -BUILT PRINTS ..................................................... ............................... 8 XVII. GUARANTEE ............................................................. ............................... 9 XVIII. PAYMENT .................................................................. ............................... 9 N V 0 0 SP -1 of 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR IRVINE TERRACE STREET LIGHT REPLACEMENT CONTRACT NO. 3298 I. SCOPE OF WORK The work to be done under this contract consists of replacing existing series street lighting systems with multiple systems, and installing new street light standards complete per Plans. All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. 3258); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775. II. COMPLETION. SCHEDULE, AND PROSECUTION OF WORK No work shall begin until a schedule of work and a traffic control plan have been approved by the Engineer. the Contractor shall submit a construction schedule to the Engineer for approval a minimum of five (5) working days prior to commencing any work. The following requirements shall be incorporated into the schedule: A. The Contractor shall complete all work on this contract within ninety (90) consecutive working days after the award of the contract. No work shall begin until a schedule of work has been approved by the City's designated representative, hereinafter referred to as the "Engineer." The schedule shall include the various phases of construction indicating the amount of work underway at any one time. See Section VII, Replacement of Series Circuits. B. The Contractor shall provide continuous traffic access for all streets at all times. Pedestrian walkways shall be maintained at all times. Detour routes shall be provided where construction activities necessitate walkway closures. SP -2 of 9 C. Normal working hours are limited to 7:00 a.m. to 4:30 p.m. Monday through Thursday and 7:00 a.m. to 3:30 on Fridays. Should the Contractor elect to work later than 4:30 p.m. (3:30 p.m. Fridays) (up to 6:30 p.m.) weekdays or between 8:00 a.m. and 6:00 p.m. Saturday, he must first obtain special permission from the Engineer. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for inspection costs of $50.00 per hour when such time periods are approved. D. The Contractor shall provide covers and shall cover, maintain, and uncover the City NO PARKING STREET SWEEPING signs to allow residential parkVng along streets adjacent to streets under construction during street sweeping days, as directed by the Engineer. mmmmpppllf�• 1• Failure of the Contractor to complete the work within the time specified will result in significant damages being sustained by the City. All work specified under this contract shall be completed within the time specified for completion or the Contractor shall pay the City as liquidated damages, the sum of five hundred dollars ($500) per working day for each and every working day's delay in completing the work in excess of the specified time, plus any authorized time extension. IV. CLASSIFICATION OF CONTRACTOR'S LICENSE At the time of bid and until completion of work, the Contractor shall possess a General Engineering Contractor Class A license or Specialty Electrical (general) Contractor Class C -10 license. At the start of work and until completion, the Contractor shall possess a business license issued by the City of Newport Beach. V. WATER If the Contractor elects to use City's water, the Contractor shall arrange for a meter and tender a seven hundred fifty dollars ($750) meter deposit with the City. Upon return of the meter in good condition to the City, the deposit will be returned to Contractor, less a quantity charge for water usage. SP -3 of 9 VI. PUBLIC CONVENIENCE AND TRAFFIC CONTROL A. Traffic Control. During construction, traffic control and safety shall be observed at all times. The contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) published by Building News, Inc. The Contractor is advised to contact and obtain permission from the adjacent property owner(s) to use private parking for his equipment and vehicles. Any costs in obtaining this permission and performing traffic control shall be considered as part of the unit bid prices of the various work items listed. B. "No Parking. Tow - Away" Signs Where construction necessitates temporary prohibition of parking, the Contractor shall furnish, install, and maintain in place "NO PARKING, TOW- AWAY" signs (even if streets have posted "NO PARKING" signs), which shall be posted at least forty -eight (48) hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division, at (949) 644 -3740, for verification of posting at least forty -eight (48) hours in advance of the need of enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches (12 ") wide, and 18 inches (18 ") high; and (3) be similar in design and color to Sign No. R -38 of the CALTRANS Uniform Sign Chart. The Contractor shall print the hours, days, and date of closure in 2 -inch (2 ") high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. 5The Contractor shall only post streets with the time and dates that disrupt parking and access. Errors in posting "NO PARKING, TOW- AWAY" signs, false starts, acts of God, strikes, or other alterations of the schedule will require that the Contractor re -post the "NO PARKING, TOW- AWAY" signs. Payment for installing temporary signs shall be considered as part of the unit bid prices of the various items of work listed. SP-4 of 9 C. Notification to Residents Forty -eight hours before closing a section of street, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approximately when vehicular accessibility will be restored. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times at the time he distributes the notices. Errors in distribution of notices, false starts, acts of God, strikes or other alterations of the schedule will require that the Contractor redistribute notices to residents. VII. REPLACEMENT OF SERIES CIRCUITS Existing series circuits are to be replaced with 240 volt multiple systems. Existing series circuit maps will be made available to the Contractor performing the work. Existing street light standards are to be replaced, except as noted or shown on the plans, with concrete standards on new foundations. A new pull box is to be constructed within 5 feet of the street light standard base complete with a double fuseholder. New conduit shall be installed from pull boxes to the pole standard. The replacement of the existing systems shall be accomplished in phases so that the number of lights out of service at any one time will be minimized. In no event shall any portion of a system be out of service for more than seven (7) consecutive days. The Contractor shall submit a construction plan showing the phases of the replacements, and the estimated number and length of outages. The plan shall be approved by the Engineer prior to the Contractor starting work. VIII. CONCRETE STREET LIGHT STANDARDS Concrete street light standards shall be the style shown on the construction plans and shall be installed per Detail "A" on sheet 11 of the construction plans. �UIWTI ; /_1UM Luminaires shall be furnished with 240 -volt lamps of the wattage shown on the construction plans. Orientation of luminaires shall be as directed by the Engineer. X. FUSEHOLDERS Double fuseholders shall be installed in the pull box. The fuseholders shall be furnished with fuses appropriate to the connected lamp wattage. The . i 1 SP -5 of 9 fuseholders shall be Tron #HEX -AA or equal installed per City Standard Plan STD. -205 -L and approved by the Engineer. All splicing of wiring shall be C -TAP method, as per Thomas & Betts, installed with manufacturer's approved tools. XI. CONDUIT AND CONDUCTORS Conduit shall be installed in the locations shown on the plans by boring methods. Unless otherwise shown, the conduit shall be installed behind the curb in accordance with City Standard Plan STD.- 101 -L. All underground conduit shall be 1 -1/4 inch diameter Schedule 40 PVC (except as indicated on the plans). Care shall be taken to avoid damage to the conduit during installation. A. Conductors Insulated conductors shall be stranded copper conforming the AWG wire size shown on the drawings. The insulation of each conductor shall be a different solid color. The conductor color codes shall be as indicated on the construction plans without duplication in any conduit run concurrent with additional circuits. Existing color codes shall be matched. White and grey colors are not allowed. The bare ground wire shall be solid copper, No. 8 AWG. B. Jacking of PVC Conduit PVC conduit shall not be used for drilling or jacking unless a hole larger than the conduit is pre - drilled and the conduit is installed by hand. C. Trenching of PVC Conduit Trenching of conduit shall not be permitted. XII. PROTECTION AND REPLACEMENT OF IMPROVEMENTS The Contractor shall protect all existing improvements, including landscaping. If any existing improvements are damaged, or it is necessary to remove them to allow for the installation of the new facilities, they shall be replaced in kind. Existing landscaping may be trimmed or pruned to allow access to existing pole foundations. Trimming or pruning shall be done carefully so as to minimize damage to the remainder of the plant, shrub, or tree. When sidewalk is removed it shall be sawcut and replaced to score lines or joints. The finish and color of the replaced sidewalk shall match the existing. •ray SP -6 of 9 The Contractor shall relocate, repair, replace, or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, sidewalk, driveway, fences, wall, sprinkler systems, signs, utility installation, pavements, structures, etc) which are damaged or removed as result of his operations or as required by the Plans and Specifications. All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the bid. Any existing street light foundations to be reused shall not be damaged during removal of existing poles. Damaged foundations shall be completely removed and reconstructed per the details on the plans. XIII. SALVAGE The following material shall be salvaged: 1. Street light series luminaires and sockets. Items deemed unsuitable for salvage by the Contractor shall be reported to the Engineer prior to removal. The Contractor shall deliver all salvaged material to the City's Utilities Yard at 949 West 16th Street. The Contractor shall be responsible for protecting all salvaged material against damage until it is delivered at the City yard. The Contractor shall provide at least 24 hours advance notice of intent to deliver salvaged materials. XIV. CONSTRUCTION DETAILS 1. Existing PCC and AC improvements shall be sawcut a minimum of 2- inches deep prior to removal. Final removal at the sawcut lines using equipment such as hard -blow pavement breakers and/or stompers shall not be allowed. Should the Contractor damage the sawcut edge during or after removal, the damaged edge shall be removed by additional sawcutting and replaced at the Contractors sole expense. Pavement and unsalvageable materials that are removed shall become the property of the Contractor and shall be disposed of at the Contractors expense in a manner and at a location acceptable SP -7 of 9 to cognizant agencies. All costs for providing removal and disposal shall be included in the unit price bid for that item of work. 2. Adjacent Improvements. The Contractor shall be responsible for the protection of public and private improvements adjacent to the work. Any salvageable bricks removed shall be neatly stacked on the owners property. Additionally, the Contractor shall use appropriate construction methods and equipment to assure the protection of existing landscape, driveways, and parkway treatments immediately adjacent to the existing curb. If, during construction, damage occurs to said landscape, driveways, or parkways, the Contractor shall be responsible for restoring same to its condition prior to construction. The Contractor may anticipate a certain amount of interfering parkway sprinkler pipe breakage associated with sidewalk and curb and gutter replacement. In anticipation of sprinkler breakage, the Contractor shall notify the respective property owner, in advance, a minimum of 2- working days prior to excavation to locate the sprinklers on /off valve and to make arrangement for testing /approving the repairs. Such breakage shall be repaired, restored, and backfill to 90 percent compaction by the Contractor, 72 hours after breakage as an incidental item of work. 3. Parkway paving where indicated is to be removed without replacement, except that the Contractor shall fill and level the removal areas with imported or excess graded clean soil. Any salvageable bricks removed shall be neatly stacked on the owner =s property. 4. The Contractor shall remove all unstable subgrade. The locations and depth of unstable subgrade removal may vary; hence, the areas and depth shall be determined during construction by the Engineer. The Contractor shall grade, form, and finish all PCC replacements to match the appearance of the adjoining PCC improvements. In addition, the Contractor shall remove and dispose of all AC /PCC patches and ramps upon sidewalk panels adjoining those sidewalk panels which are to be reconstructed. 1. Sidewalk and curb access ramps shall be opened to pedestrian use on the day following concrete placement. In addition, all forms shall SP -8 of 9 be removed, sprinklers shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. 2. PCC replacements subject to vehicle loads (e.g., cross gutters and curb and gutter along driveways) shall not be opened to vehicle loads until the concrete has cured to minimum strength of 2,000 psi. 3. The Contractor shall install root barrier adjacent to reconstructed root damaged PCC sidewalk. The root barrier shall be Root Booster, Shawton Industries (or approved equal) SM 12 by 20 panels to be installed adjacent to the curb and gutter and sidewalk replacement, respectively. A minimum of 6 lineal feet of root barrier shall be installed adjacent to each tree damaged curb and gutter replacement. Root barriers shall be installed per manufacturer =s recommendations. Payment for installing root barriers shall be included in other items of work. XV. SOLID WASTE DIVERSION The Contractor shall either 1) apply for and obtain a no -fee solid waste self -haul permit from the City's Business Office, or 2) subcontract with a private solid waste hauler already permitted to operate within the City. Unless specified elsewhere in the bid documents, all non- reinforced concrete asphalt wastes generated from the jobsite shall be disposed at a facility which crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed at a sanitary landfill. The Contractor shall maintain monthly tonnage records of solid wastes generated and solid wastes disposed at a sanitary landfill. The Contractor shall report said tonnages monthly to the Engineer on a form provided by the Engineer. XVI. AS -BUILT PRINTS The Contractor is required to submit to the Engineer "As- Built" prints prior to the City accepting the installation. The prints shall indicate, in red, all deviations from the contract plans, such as: location of poles, pull boxes and runs, depths of conduit, number of conductors, and other appurtenant work. SP -9 of 9 XVII. GUARANTEE The Contractor shall guarantee the entire work constructed by him under this contract and will fully meet all requirements as to quality of workmanship and materials furnished by him. The Contractor shall make, at his own expense, any repairs or replacements made necessary by defects in workmanship or materials furnished by him that become evident within one (1) year after filing of the Notice of Completion of the work and to restore to full compliance with the requirements of these Specifications, any part of the work which, during the one (1) year period, is found to be deficient with respect to any provisions of the Plans and Specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost. XVIII. PAYMENT The unit or lump -sum price bid for each item of work shown on the proposal shall be considered as full compensation for labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. The bid items are shown on the proposal. Payment for relocation of existing signs per Plan shall be included in the lump - sum price bid, and no additional allowance will be made therefor. Payment for concrete work for street lighting installations shall be included in the various bid items shown for street lighting and shall be considered as full compensation for labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. All materials deemed equal shall be submitted to the City at the pre - construction meeting for approval. FAUsers \PBIMShared \Contracts \FY 99-00 \Irvine Terrace Street Lights C -3298 \SPECS C- 3298.doc TO: FROM: SUBJECT: c. _ — .•.gin j Z June 27,2000 j JJN27. CITY COUNCIL AGENDA APPR..MD _..__,. ITEM NO. 19 Mayor and Members of the City Council Public Works Department IRVINE TERRACE STREETLIGHT REPLACEMENT - AWARD OF CONTRACT NO. 3298 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Reject the bid of Inspection Engineering Construction as non- responsive and find that this apparent low bidder is not the "lowest responsible bidder ". 3. Find the second low bidder is the "lowest responsible bidder" and award Contract No. 3298 to F.J. Johnson, Inc., of Anaheim, for the Total Bid Price of $272,466.30. 4. Authorize the Mayor and the City Clerk to execute the contract. 5. Establish an amount of $22,440.00 to cover the cost of unforeseen work. DISCUSSION: At 2:15 PM on June 13, 2000, the City Clerk opened and read the following bids for this project: BIDDER Low Inspection Engineering Construction 2 F.J. Johnson, Inc. 3 ProTech Engineering Corporation 4 Building Energy Consultants 5 DBX, Inc. 6 Steiny and Company , Inc. 7 C.T. & F., Inc. 8 VT Electric, Inc. 9 Dynaelectric 10 L.A. Signal TOTAL BID AMOUNT $271,719.17 * $272,466.30 * $275,229.95 * $300,759.00 $321,609.00 $324,798.00 $344,740.12 $445,653.15 $450,077.00 * $469,672.00 * *Corrected Bid Amount 0 0 Subject: Irvine Terrace Street Light Replacement —Award of Contract No. 3298 June 27, 2000 Page: 2 PROJECT DESCRIPTION: The streetlights in Irvine Terrace are slated for replacement under the City's fifteen -year program to convert the obsolete 5000 -volt series street light circuits and replace the aging facilities. The project calls for the replacement or refurbishment of ninety -two incandescent lights and approximately 14,000 feet of obsolete electrical conduit and wiring. As mentioned previously, the conduit is to be installed by boring and no open cut excavation is required. Most of the project work is on the eastside of the Irvine Terrace community and replaces the entire street light system. The contract documents stipulate the existing series street light system is to remain in service throughout the installation of the new system and that no more than a seven -day shut down for any one light will be allowed. The contractor is required to submit a schedule to show how phasing and cutover from the old system to the new system will be accomplished. Work also extends on Bayside Drive below Irvine Terrace, see attached Project Location Map. THE LOW BIDDER: Inspection Engineering Construction (IEC), of Costa Mesa, is a general contractor and has completed projects for Caltrans, San Fernando, and Hermosa. They currently have work in progress with the cities of Walnut, Tustin, and Seal Beach. Reference checks on IEC's most recent projects revealed a number of negative comments: • Inability to perform work in an efficient manner • Quality of work was below average • Scope of work tasks were not similar in character to the work involved in this project They have not done work for the City of Newport Beach or completed any work for other agencies in the area, nor have they performed the specific type of construction required by this contract. Contacts made to cities where work is in progress yielded mostly negative responses. A summary of the reference check statements included: • Poor quality of work • Non - responsiveness to site inspectors • Repairs needed after completion of work or during the course of the work • Extensive time overruns • Inability to deliver required materials or gain credit from suppliers to purchase the material • Need for greater supervision • Poor site management • Unsafe traffic control • Limited staff A check of IEC's contractor's license status with the State License Board revealed IEC was issued a valid General Engineer Contractor's Class "A" License in August 1999. However, at the time of issuance the board reported the company had no employees. When Staff 9 0 Subject: Irvine Terrace Street Light Replacement — Award of Contract No. 3298 June 27, 2000 Page: 3 contacted IEC they indicated they currently have seven employees. Approximately 14,000 feet of "bored" conduit is required for this project, which represents more than two- thirds of the contract. To minimize impacts to the community and avoid disruption to the frontages within Irvine Terrace, no open cut excavations will be allowed. Staff notified IEC of their non - responsiveness to the provisions of the City bid documents, page 5, Technical Ability and Experience References. Instructions to bidders for this page read: "The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed." IEC provided references relating solely to traffic signal installations or modifications. IEC indicated they have not done specific street light projects similar to the project proposed. Though both Traffic Signal and Street Light Replacement projects deal with electrical components, the series street light replacement project deals with a 5000 volt existing circuit which needs to be maintained during construction. Traffic Signals are operated with 120 and 240 -volt systems and include streetlights integral to the signal poles with some safety lighting in advance of the intersection. Traffic signal projects are confined to a relatively small work area without a significant amount of conduit installation and when conduit is installed it usually is along an arterial and not through a residential neighborhood. The conversion of a traffic signal is a different process compared to maintaining an existing 5000 -volt series streetlight system throughout an entire residential tract. In an effort to save City funds, many of the existing streetlights are to be reused by rewiring the light from a 5000 -volt circuit to the new multiple 240 -volt circuit. In order to do this without risking public safety or causing an interruption in service of the fifty -year old series system lights for the duration of the project, the contract bid documents require the contractor to provide information to show experience in projects of similar character (series streetlight conversion projects). The projects listed by the contractor in his bid document were not similar in character to a series streetlight conversion project and no subsequent references for projects of similar character have been provided as of June 21, 2000. IEC was told of the City's concern regarding having enough manpower and experience to complete the project and the marginal performance by IEC noted by other agencies. IEC believes they are capable of performing the work. IEC also denies having any problems dealing with the public agencies they listed. Staff met with the owner and foremen of IEC to discuss the matter further and to allow IEC to provide additional references to show related streetlight experience. It was evident during this meeting that IEC had not completed a series streetlight conversion project of the scope and size of the Irvine Terrace project. They appeared to be inexperienced with the approach necessary to complete the work. IEC provided two additional references and clarification on two other previously submitted references. Staff was only able to contract three of the four new references, which gave more favorable responses. However, each reference was still for traffic signal projects or inspection services and not series street light replacement and conversion. Staff met with the City Attorney's office to discuss IEC's marginal references and lack of specific project experience. The City Attorney advised that if the City Council finds IEC fails to provide satisfactory references for performing work of a similar character, the bid submitted by IEC could be rejected as non - responsive. • r Subject: Irvine Terrace Street Light Replacement — Award of Contract No. 3298 June 27, 2000 Page: 4 Staff, along with the Assistant City Attorney, met a second time with the owner of IEC and their attorney to discuss the recommendations contained in this staff report. Staff reiterated the fact that IEC has not provided references for work of a similar nature. IEC was unable to provide any additional references at that time and promised to provide letters of recommendations for related work. However, at the writing of this report, nothing has been received. If additional information is received, Staff will make that available to Council either by Friday or at the Council meeting. IEC voiced again their firm belief that they are capable of performing the work. They further indicated that they own new state of the art directional boring equipment that they believe will allow them to complete the project more efficiently and with less impact to the community. If the IEC bid were rejected as non - responsive, the lowest responsible bidder would then be F.J. Johnson, Inc., of Anaheim. This firm has approximately twenty employees and the ability to man five crews. They also own five boring machines and most employees can operate the equipment. F.J. Johnson, Inc., has been in business for over fourteen years. The two owners have over fifty years of experience between them and have been working together since 1972. Their bid is 8 percent below the Engineer's Estimate of $294,000.00 and they possess a General Engineering Contractor Classification "A" contractor's license, as required by the project specifications. F.J. Johnson, Inc., has satisfactorily completed projects of similar character to the Irvine Terrace project for many public agencies, including the City of Newport Beach. F.J. Johnson has the manpower and necessary equipment to complete the project within the specified time. PROJECT SCHEDULE, FUNDING AND RECOMMENDATION: The time of completion for the project is ninety working days. Award of the contract at this time will allow the contractor to complete the work prior to December 1, 2000. Staff believes the second low bid contractor can complete the project satisfactorily and recommends award of the contract to the lowest responsible bidder, F. J. Johnson, Inc., of Anaheim, California and find that this company is the lowest responsible bidder. There are sufficient funds available for the project in Capital Project Account No. 7014 - 05300035, Street Light Replacement Program. Respectfully� submitte tX PUBLIC WORKS DEPARTMENT Don Webb, Director By: Michael J. Sinacori, P.E. Utilities Engineer Attachment: Bid Summary x rpE u A 00 OG aw Oa N Ea �a ti 0O 0 p 0 H P H E 0 U 0 P4 O C 7 n EI d � F N � LIJ S U u p $ o � Y m i U V z 2 n V U 2 W 0 O F 0 Q W C u N 0 ° m O Y m £ m O u o °0 0 HG U N m E m u 0 K W m 41 m F m o h yqu r W £ u m F m a z w E 2 yV O F U W d 0 0 ud N O U D m o ` U D D m m s U p a Z O 8H O N SO O fV 88p N .p 8H O R H P N offo m [V 8O8 0 N 8O8 0 IO 8O8 0 O 8S 0 Q O O U P P H d pSp p (V O, VNj 8H O OO 8H O^ pH 8H N c yl ml Cl v a N O S H H8 O S S S S S S N P S S S S S S O ~ Z D 8S O N 8 O^ 7 N Q S m Q 8 Q 8 Q 8 p H N O N N ry O NN a N O ill m N m I� Q a- Z O O Q Q N S tV v W 4 oa O N h Q v m (V ro Q p O N p P v Q o N P N m P m N o N P N N m 8 Ci m N P m N o Q P rj of n N en 8 g g g g g g g g° o g 8 8 8 s 8 8 8 F Z 9 9 (V a Cl d (V o (V Z O O P P S P P H H s O m m Q fV N C P N O O 0 O N N pj r z Z 4 n Z °o oo tm'l H Q O O N n z O 8 QQ 25 S gg 25 N 8 g X S 8 N 8 w N 8 Q u'S Cl 8 'fin' P S N 8 5� 25 M 8 m 8 QQ s NQ fV 8 r' 8 ° 8 °a c'1 8 o 8 o O ° 0 S Q ° Q oQ �f O 8 55�� �S 16 LQ NO Q N o g g (V f7 N N O N O O OV t7 p 8 0 O .00 n n W W `3 w w w w a } !3 w w w w w w w w w w F D V ° Q D n° m ° c O ' D O J D o D a 0 a 0 j O Z O 2 O: U w O 3 0 O p` > D c U D c O 0 O O D N N 0 > D c U D c 0 D O "O O m y `� 0 n D O O in N v> 0 o. 0 a m C ° 0 L J d 0 o C m ] D = o '" U c mu p 0 U p D O U mu u c 0 p n m n 7 0 tt D c `m 3 c j o U; L c c u O G o c °u p c D p E m _ a m m c n o n N — u m W F N CJ N m I� m OI O N CI O VI m !� m OI O N ud N O U D m o ` U D D m m s U p a x� 00 zw 0 M zo O } H Ha H fq U d a 0 G h E 4 _m F N � O U m u r O 8 � c U � = U U 0 w O F O u a � c V N O m Q Y m £ m c E m u 0 C m m U 0 m m M F O U O � O N S O N N u M N GF T. m as 2 m Q u m u � z w M 'J U G E 0 N N O O a Z Q a p p p p p p p p Q a O Z O < ¢ Q N m O (V P m Q t7 O N p 17 O p N N V) m W N O O N Q �'p1 N O [q b N N O N m m P N CI N d N RO 8 N O m t0 N N lV P M p m Q w U S pp S pp p S S pp p Z O S P 8 V N O N P N S N - O S N Z 8 8 8 8 8 S$ 8 8 °o. °o. 8. 0 8 8$ 8 8 8 h °v 8 S °o 8 M QQ 8 °o °0 8 8 $$ Z 53 Q h m Q N m N N N Cl t7 V P N O O N N O Za to X p O p O p S 8 8p S O O S O S O O S O S S O ppO m ON p p o o O N O O O Z N F 8 8 8 S 8 0 Q Z w < a P O M � U p p O8 p O O OpN 8 Sp O O p O p 8 N S 8 0 0 0 p O p O O p O p 8 O D d Q W W W W W W W W J a W a W W W W } H H a OO O p Q 7 n° n m o n 0 u n n 0 ' 0 E o 0 z O r Q p y U c 0 D u n nn0 G H u 0 n C u o. 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DC n 3 c o o' 2 C 3 _ 3 t m c u 0 0 D D E 0 O m a N U M 0 n a d u LLO f`J � Q N N N O O a x�Z 14 E4 W E 00 Pi W 0 Q 14 z 0 kl O H Fa u � a 0 0 C h NI W 'O E — q 2 U m O o Y � i U U � 2 = U U H O H Q p 4 Q G O W a a O Y m £ r m Isll F tWil W 4 °z W E z 4U w F 0. 2 w o ow o z rc u w a 0 • D b N d O J D D N U d O J D a TT g g g g g g S S g g g g g p gp 8 8 8$ 8 8 0 0 8 o S 8 0 0 0 8 H° 8 S H 8 8 8 8 8 H O H n e n H S O N P N O O O O h h 2 P M 0 M P O O — N 1 , N N H O$ H H S S S H$ S H 8 O H S S Z 0 0 0 0S OH Q O O OQ O S 0 O p N 0 r N ai M M N m h Q c0 N P M ri r w � m < � Z y S S H S S S 8 S S O o h o 0 n 0 o 0 0 O 0 00 H O O H ° Z 8 O 8 O m I 8 s o N `° 8 8� 8 — F 8 8 8 8 8 8 8 8 8 8 8 8 =2 8 8 8 8 8 8 8 z 8 Q° S Q° m ° a � ° o g Z V O Q h Q c6 •O N Q N N (V N V R •O N N OO h N (D Q Q c w U 8 S 8 0 8 8 op 0 $ °° S C? $ 8 8 8 i Z O O � S P p •O N P NO — t7 p N N O$ N N 0 O •OO M 0 N N m m a w w w w w w w w w w w w w w � p O O Q O t0 � •O � P N J n no N p c E 0 J D c D D c 6 O Q O J d U O O Z O d U W p D c U Dc m E J 0 C D O D H t N 0 C 'p c U D m E 0 C D O D h t v O C D O 'O h c . O U p_ N D _p L p c R N l C l p u D (j C U D U D N o R J Dc U D, `I O 5 D O n a N a j Q u c O N c o 3 JJ O 2 C 0 p 3 z m m C O u Q m D D O- m a N o U D p' — a = c m — LR [O OI O N [7 Q b n fq q N D b N d O J D D N U d O J D a N qw w e 0 250 500 750 Feet S (1 inch = 750 feet) Irvine Terrace Street Light Replacement Modifications Contract 3298 • Proposed New or Modified Street Light t r u June 27, 2000 CITY COUNCIL AGENDA SUPPLEMENTAL ITEM NO. 19 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: IRVINE TERRACE STREETLIGHT REPLACEMENT - AWARD OF CONTRACT NO. 3298 — SUPPLEMENTAL MATERIAL Attached is a summary memorandum regarding the review of references for Inspection Engineering Construction. Also attached, is a summary of conversations with the Public Works Directors from the cities of Seal Beach and Tustin. The Contractor has submitted a written notice of protest to the City if the Council proceeds with Staffs recommendation to reject his bid as "non- responsive." He has requested to be heard at the City Council meeting. • At the Staffs meeting with IEC on June 20, 2000, the contractor was requested to provide additional references for work done that was similar in character to the Irvine Terrace Street Light Conversion project. No additional information has been received. It is still recommended that the ICE bid be rejected as non - responsive. Resp r y su d, PUBLIC WORKS DEPARTMENT Don Webb, Director By: Mich I J. Sinaco ' E. Utilities Enginee Attachments: Memorandum from Mike Sinacori to Don Webb Dated June 22, 2000, Reference Review Don Webb's Summary of Conversations with Seal Beach and Tustin Letter from IEC advising of protest and request to address City Council • FROM : IEC • • FAX NO. : 7144347719 • Jun. 21 2000 09:49AM P1 6/22/00 Mr. Don Webb Director of Public Work City of Newport 3300 New port Blvd P.O.BOX 1768 Newport Beach, Ca 92658 Ref: Irvine'fcrrace Street Light Replacement Dear Don: Inspection Engineering Construction (I.E.C) are able to construct the a above mentioned • project to your city standard and in the time that allowed, and the reason because our company have the machine and labor experience that can finish the project in the fastest way possible with the minimal impact to the community and residence as possible, as will as we perform this kind and similar work in different projects. If your city doesn't think IEC can perform this project, IEC on Jun 270' at 6:00 P.M will Protest your decision in front the city council and will like to have the opportunity to speak to the city council. If you have any question please contact me at 714 - 814 -9596. Inspection Engineering Construction ' Jamul Deaifi • Owner 2775 Mesa Verde Drive East. Suit M 103, Costa Mesa, Ca 92626 (714 )-285 -6965. Fax (714)434 -7719 License ti 767793 9 • MEMORANDUM DATE: June 22, 2000 To: Don Webb Director of Public Works FROM: Mike Sinacori Utilities Engineer & Project Manager 0 SUBJECT: Irvine Terrace Street Light Replacement Project Contract C -3298 — IEC Reference Review Summary Bids were opened on the subject project at 2:15 p.m., June 13, 2000. This memorandum summarizes the reference review of the apparent low bid Contractor in roughly the order of contact to the agency. It was determined that the low bidder, Inspection Engineering Construction (IEC), provided references to projects that were not similar in character to the type of work that is included in the subject project. The references also provided comments that indicated this contractor require more than normal supervision to satisfactorily complete the traffic signal contracts and in some instances the contractor was not very responsive. There were no references provided that indicated this contractor had done any work on conversion of series circuit streetlight or any other project similar in character to the Irvine Terrace Project. • honeymoon) 431 In Progress City of Seal Beach Jake Ngo (on (562) -2527 Traffic Signal Modifications ($119,000) Bill Zimmerman - (562) - 594 -8589, Ext. 11 (877) 674 -2324 Cell Phone In Progress City of Tustin Douglas Anderson Traffic Signal ($90,000) (714) 573 -3150 In Progress City of Walnut David Gilbertson Traffic Signal ($154,000) (909) 594 -9702 6/1/00 City of Hermosa Homayoun Behboodi Traffic Signal ($164,000) (310) 318 -0212 9/99 City of San Fernando Pats Orozco (maternity leave) Inspection Services (818898 1224 Edwin Galves, City Engineer 7/99 City of Montebello Kwok Tom Flashing Beacon ($21,000) (323) 887 -1469 12/99 Caltrans (subcontractor)' Abdallah Alfakouri Traffic Signal ($300,000) (562) -401 -3333, Ext. 235 8/99 Caltrans (subcontractor) Wahib Jeraje Traffic Signal ($150,000) (213) 897 -6066 2/1/00 City of Baldwin Park' Mr. Shafique Naiyer, PWD Inspection Services (626) -579 -5255 In Progress City of Anaheim' Mr. Ken Riggins • Traffic Signal ($130,000) (714) 343 -1521 Additional references provided on June 19, 2000 • • • 0 City of Seal Beach, Bill Zimmerman • Page 2 Irvine Terrace Street Light Replacement Project Contractor Review (C -3298 June 21, 2000 Jake Ngo was listed by IEC as their contact for Seal Beach. Jake is on his honeymoon and I was referred to W. Zimmerman Engineering. Bill Zimmerman was contracted on June 13, 2000. He is the contract engineering and construction manager for the City. IEC is currently working on several different traffic signal upgrades under a single contract. Short conduit runs were included without the use of boring equipment and streetlights were not a part of the project. Bill provided a list of problems that they had with IEC: • Limited resources and staff • Lack of timely response; referencing a problem with a pedestrian control button that they had not responded to In over a week • Poor attitude toward inspectors • Working without notifying the inspectors • Refusal to provide requested daily reports • Tendency to have poor site maintenance • Need for constant supervision • Not adhering to accepted project schedule • Contractor seemed confused about how to complete the work • Contractor would disappear from project without notification City of Tustin. Steve Sasaki On June 13'" Steve Sasaki was contacted because Doug Anderson was not available. I asked Steve if he had knowledge of IEC. He explained that they were doing a traffic signal project for the City and that he had the following difficulties in working with the Contractor: 1. The project was near a very busy MacDonald's restaurant and the contractor had off - loaded some of the traffic poles onto the public sidewalk without permission and without appropriate sidewalk detour plans or with enough barricades to make them safe. Contractor refused to address the issue and a written Notice of Correction (NOC) was issued, which is when the contractor took action. 2. Some potholing had taken place in the intersection where the signal work was taken place. The temporary pavement patches failed and Steve had requested IEC to correct the problem. Not until another NOC was sent to IEC were the potholes corrected. 3. Traffic control was insufficient and contractor refused to install additional traffic control. A third NOG was written, which again is when the contractor took action. In addition, IEC had difficulty obtaining the controller for the traffic signal. When the City of Tustin contacted the supplier, they informed them that they were waiting for payment from IEC. This lead to the City agreeing to pay the control company directly for the materials to expedite the project. • • • 0 City of Tustin (cont'd), Doug Anderson 0 Page 3 Irvine Terrace Street Light Replacement Project Contractor Review (C-3298 June 21, 2000 A subsequent conversation took place with Doug Anderson on June 21" to discuss the project further and to review the comments of his staff. The project was a traffic signal upgrade project where new poles and controllers were installed. Limited conduit work had taken place and he was not aware of any boring that had been done on the project. He informed me that the only time that a NOC is issued is when the inspector working with a contractor requested assistance in motivating a contractor. I requested a copy of the NOC's issued on the project along with a copy of the credit/payment agreement with the supplier. Each of these documents needs to be formally requested through their City Attorney's office. Doug did confirm the statements made above by Steve Sasaki. City of San Fernando (9/99) Edwin Galvez IEC provided the reference name of Patsy Orozco. Patsy is on maternity leave and we contacted her supervisor, City Engineer Edwin Galvez. Edwin indicated that he knew of IEC as an inspection company, which is consistent with IEC's name. I informed him that they claimed to have completed a $100,000 traffic signal construction project within the past year for the City. He assured me that IEC had not completed a signal project for the City. He indicated that they have performed inspection services of $40,000 to $50,000. [elms UMUMITT.161A Contacted on Tuesday, June 13'". Scope of work included traffic signal modifications at two intersections and interconnection to a third. Approximately 600 feet of conduit boring was included in the project. Homayoun indicated that IEC was a typical "low" bid contractor and performed okay. They were not the best contractor the City of Hermosa Beach had worked with, but they did complete the project successfully. City of Walnut (in progress) David Gilbertson Contracted on Wednesday, June 14'". IEC is in the process of completing two signals and an interconnect (1000 feet of conduit). Project did not include any street lights and only minimal conduit work at each intersection (200 feet at each intersection). The conduit was installed with boring equipment. David Gilbertson Indicated the contractor, specifically Jamal Deaifi, was a sort of one -man show. Small company with limited staff. It would take two or three phone calls for Jamal Deaifi to respond to requests to repair broken irrigation lines or potholes. Difficult for David to make a final judgement regarding the performance of the contractor because the projected is not completed. City of Montebello (7/99) Tom Kwok City of Montebello was not contacted. The listed referenced project was for a $21,000 flashing beacon which did not have any similarities in scope to the project bid. It wouldn't compare to the almost $300,000 Irvine Terrace Street Light project. w 0 City of Baldwin Park (2/00) Shafique Naiyer 0 Page 4 Irvine Terrace Street Light Replacement Project Contractor Review (C -3298 June 21, 2000 IEC had provided the reference of Shafique Naiyer, Director of Public Works, for the City, who was contracted on June 19'h. Shafique had worked with Jamal Deaifi many years ago at the City of Southgate under the former owners of IEC. However, he has not had any direct dealing with IEC at Baldwin Park. According the State Contractor's Board, IEC's license was issued in September of 1999. 1 informed Shafique that IEC had listed him as a reference for a $250,000 traffic signal construction project. He didn't recall the. project but referred me to the Engineering Manager, Arjan Indani. Arjan called back to discuss IEC experience. According to him, IEC had only provided him with inspection services and he had no knowledge of any traffic signal work. I informed Arjan that IEC had listed a $250,000 traffic signal project completed in February 2000. He said there was no such project completed by IEC and that they had only provided inspection services to the City. Caltrans (12/99) Abdallah Alfakouri Reference phone number provided in bid was not correct phone number. New reference number provided in meeting with IEC on Monday, June 19 ". Abdallah was contacted on Tuesday, June 20th. Initial statements from Abdallah were favorable • and stated that they had completed a streetlight and traffic signal project. He volunteered this before I asked him any questions. Abdallah was asked what type of project did IEC perform for you and when? Traffic Signal modifications that were part of an overall bigger bridge construction. Was there a subcontractor? Yes. Did they do streetlights? Yes, approximately nine lights. Was there any boring of conduit? No. I asked Abdallah to provide me any information regarding the scope and extent of the work they performed. Because the project was last fall, he was unable to find anything during our conversation. He indicated he would look and call me back to try and identify more specifically what the scope of work was. Upon further inquiry about exact amount of conduit work and exact amount of streetlights, Abdallah was unable to clearly recall what work IEC had done. He also informed me that he was the civil inspector. A separate group inspected the electrical portions of the project. He was unable to provide a contact to discuss the specific electrical work performed. He did recall that he enjoyed working with Jamal. I phoned Abdallah back on Wednesday, June 21s` to follow up with him on contract documents he was trying to locate to further define IEC efforts during the project. He had not located any documents. •• ,A Wahib was contacted on Tuesday, June 20`h, and provided somewhat favorable comments regarding IEC's performance. • Scope of work was traffic signal relocation as part of a bigger road construction project on Route 30. CC -Myers was the general contractor. IEC was subcontractor. Page 5 Irvine Terrace Street Light Replacement Project Contractor Review (C -3298 June 21, 2000 City of Anaheim Ken Riggins Traffic Signal Inspector Contacted on June 22 "d. Ken has been a contract traffic construction inspector for the City for the past 4 years. IEC has been the low bidder recently on two signal replacement projects. The first project is virtually complete with foundations and conduit installed. A material delay on the poles is the only reason why the first project is not complete. IEC just began work on a second signal replacement project that involved removal of a median and several ornamental streetlights. Conduit boring was involved for an interconnect (1200 feet) and approximately 200 feet of conduit was directionally bored at each intersection. The only streetlights in these projects were the lights on the traffic poles. Overall Ken has had a good experience with IEC. The contractor has been responsive to any corrections that the City has requested. Traffic control and site cleanliness has been acceptable. y�l Michael J. Sinacori, PE • Utilities Engineer & Project Manager mjs:sdi F: \Users \PBW\Shared \Contracts \FY 99-00 \Irvine Terrace Street Lights C- 3298 \IEC Reference Check Memo.doc • 0 • June 21, 2000 Don Webb's Phone Call to Steve Badum City of Seal Beach, Public Works Department Question: What is the scope of work being performed? Response: • $250,000± upgrade of traffic signals at approximately ten locations • No significant boring operations • Change out of controllers • No streetlighting other than intersection safety lighting is part of the project Question: What is your experience with IEC? Response: • Not well prepared • Don't pay attention to safety on job site without constant reminders • Job site management marginal • Made operational change without coordinating City and Police Department • Project management staff had to spend more than normal amount of time • managing the project Contractor disrespectful to some inspection staff members • The assets of the firm are marginal and not apparent at the job site • Workers show up in personal vehicles June 21, 2000 Don Webb's Phone Call to Tim Serlet (714) 573 -3152 Public Works Director, City of Tustin Question: What is the scope of work being performed? Response: Traffic signal upgrade at 1st and Tustin When I described our project as going through an extensive residential neighborhood he indicated that was not work similar to what is being performed in Tustin. Other comments by Tim Serlet: • No streetlight work as part of the contract • Considers contractor O.K., but definitely a low bid contractor • Considers this an easy, isolated conversion with little or no boring for conduit • Site maintenance is done by the contractor when the City brings it to his attention, but the contractor doesn't seem to do it on his own \\MIS_t \SYS\Users\PBW \Shared \COUNCI L \Fy99- OOUune -2TDW ebbPhoneNotes6- 21- OO.doc • Ic1 _ !r��. -) ICI Cr IJ «0 cc (n PK ) oY'i 0 %0 0 PUBLIC WORKS DEPARTMENT MEMORANDUM June 26, 2000 To: City Council From: Public Works Director Subject: Irvine Terrace Street Light Replacement Project, Contract No. 3298, Agenda Item No. 19 The Public Works Department has recommended that the Irvine Terrace Street Light Replacement Project bid of Inspection Engineering Construction (IEC) be rejected as non - responsive. The Bid Documents require that Technical Ability and Experience References be submitted with the Bid Proposal. The instructions on the City's reference form state: "The undersigned submits herewith a statement of the work of similar character (emphasis added) to that proposed herein which he /she has performed and successfully completed." IEC submitted eight references with their bid package. Seven were for traffic signal projects and one was for a flashing beacon. Three were for work in progress. The Supplemental Memo in the Friday distribution to the City Council summarizes the results of the staffs check on these references as well as two additional references submitted by the contractor in further support of his experience. The staff has met twice with IEC in an effort to get more information about projects that they may have completed that are similar in character to the Irvine Terrace street light conversion project. In one of those meetings the City's Electrician discussed with the IEC foreman some of the unique characteristics of the old series circuit 5000 volt street light system being converted. It was clear that the foreman had very limited experience with series circuit systems. To date IEC has not provided the City with any references for work they have completed similar in character to the Irvine Terrace street light conversion project. The references provided are for traffic signal projects. While some elements of a traffic signal installation may be more complex than a street light conversion project, the work is done in and around street intersections mainly on arterial highways. The City's project is primarily in a residential area. Close to three miles of conduit have to be installed in the parkway in front of homes. The existing 92 pole, 5000 volt series circuit street light system is also required to be kept in service during the contract. Because of the wide area of work, the contractor will need to be well coordinated and very sensitive to the needs of adjoining homes. Site management and response to complaints will be very important. • 0 The references provided were not, in staffs opinion, for "work of similar character" to the Irvine Terrace street light conversion project. None of the projects were in a primarily residential area. The conduit boring operations were minor in comparison to the close to three miles of conduit to be installed for the City's project. There were no projects listed that converted a 5000 volt series circuit system to a 240 volt multiple system while keeping the series circuit street lights in operation. None of the references submitted confirmed that IEC has performed work of similar character to the Irvine Terrace street light conversion project or that IEC has the capability to manage a project spread out over a significant area. Based on a check of the references submitted, none of the projects listed were for "work of similar character" to the Irvine Terrace street light conversion project. In two meetings with IEC after the bid opening, the contractor was not able to provide additional information to show that he had completed projects that were similar in character. Because of the inability of IEC to provide the references for "work of similar character" required to be submitted with the Bid Documents, it is recommended that the City Council find that the IEC bid is non - responsive and reject the bid. Staff is not suggesting that the City Council determine that IEC is not a "responsible bidder ", only that the IEC's bid was non - responsive for failure to provide evidence that they had performed "work of similar character" to the Irvine Terrace street light conversion project. If the City Council supports the staff recommendation to reject the IEC bid as non- responsive the following finding should be made referencing the listed support data: The City Council finds that the bid submitted by Inspection Engineering Construction is non - responsive to the City's Notice Inviting Bids for Irvine Terrace Street Light Replacement Contract No. 3298 because of the following reasons: 1. The references provided were not for "work of similar character" to the Irvine Terrace street light conversion project. 2. None of the projects listed were in a primarily residential area. 3. The conduit boring operations for the projects listed were minor in comparison to the close to three miles of conduit to be installed for the City's project. 4. There were no projects listed that converted a 5000 volt series circuit system to a 240 volt multiple system while keeping the series circuit street lights in operation. 5. None of the references submitted indicated a capability of the contractor to manage a project spread out over a significant area. CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 3, 2000 Inspection Engineering Construction 2775 Mesa Verde Drive E, Suite M103 Costa Mesa, CA 92626 Gentlemen: Thank you for your courtesy in submitting a bid for the Irvine Terrace Street Light Replacement Project (Contract No. 3298) 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) 644 -3005 August 3, 2000 Pro Tech Engineering Corp. 3855 E. La Palma Avenue, Suite 125 Anaheim, CA 92807 Gentlemen: Thank you for your courtesy in submitting a bid for the Irvine Terrace Street Light Replacement Project (Contract No. 3298) 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 B0 F.ACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 3, 2000 Building Energy Consultants 1655 Willow Road Arroyo Grande, CA 93420 Gentlemen: Thank you for your courtesy in submitting a bid for the Irvine Terrace Street Light Replacement Project (Contract No. 3298) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 3, 2000 DBX, Inc. 42066 Avenida Alvarado, Suite C Temecula, CA 92590 Gentlemen: Thank you for your courtesy in submitting a bid for the Irvine Terrace Street Light Replacement Project (Contract No. 3298) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 3, 2000 Steiny and Company, Inc. 422 Jenks Circle Corona, CA 91720 Gentlemen: Thank you for your courtesy in submitting a bid for the Irvine Terrace Street Light Replacement Project (Contract No. 3298) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 3, 2000 C. T. & F., Inc. 7228 Scout Avenue Bell Gardens, CA 90201 Gentlemen: Thank you for your courtesy in submitting a bid for the Irvine Terrace Street Light Replacement Project (Contract No. 3298) 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) 644 -3005 August 3, 2000 VT Electric, Inc. 13280 Gemstone Court Chino Hills, CA 91709 Gentlemen: Thank you for your courtesy in submitting a bid for the Irvine Terrace Street Light Replacement Project (Contract No. 3298) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, r. n LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 3, 2000 Dynaelectric 4462 Corporate Center Drive Los Alamitos, CA 90720 Gentlemen: Thank you for your courtesy in submitting a bid for the Irvine Terrace Street Light Replacement Project (Contract No. 3298) 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, J i � 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) 644 -3005 August 3, 2000 L.A. Signal 15100 E. Nelson Avenue City of Industry, CA 91744 Gentlemen: Thank you for your courtesy in submitting a bid for the Irvine Terrace Street Light Replacement Project (Contract No. 3298) 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