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Home My WebLink AboutC-3533 - Oasis Lighting Retrofit Project Change Order• PURCHASE REQUISITION P.O. No.: (If Reserved) 23521 Suggested Vendor: TRI- COUNTY LIGHTING SERVICES, INC. 611 North Poplar Street Orange, CA 92868 (714)634 -0488 /(714)634 -0770 Fax Attention: Kevin Hatch. GM C -�(533 FILE COPY CITY OF �£WPOaT CHANGE ORDER NO. 1 NEWPORT BEACH Ucy'�oaNr= Date: 06/04/02 Dept: Utilities Ship To: Citv of NewDort Beach Utilities 949 W. 16th Street Newport Beach, CA 92663 Attention: Herb Wollennan (949) 718 -3406 / (949) 646 -5204 Fax Code i (Department Read or person authorized to execute FISCAL SERVICES MANAGER ADMIN.SRVCS. DIRECTOR (Approval required for purchases exceeding $2,000) Description of Articles or Services Required Unit Price Amount Budget # LS Additional labor and materials for Oasis Senior $7,588.33 $7,588.33 701104120612 Center retrofit which includes grounding several li ht circuits and adding seismic restraints to exisitnq fixtures. These additions will help bdn the project to meeting the necessary code requirements. LS Contingency to cover any additional unforseen $3,000.00 $3,000.00 7011C4120612 conditions must have prior approval from City rep resentative. Comments: Sub Total $10,588.33 Tax included Total $10,588.33 Date Re wired: F.O.B. Terms Code i (Department Read or person authorized to execute FISCAL SERVICES MANAGER ADMIN.SRVCS. DIRECTOR (Approval required for purchases exceeding $2,000) 0 TO: Mayor and Members of the City Council FROM: Utilities Department 0 May 28, 2002 CITY COUNCIL AGENDA ITEM NO. 15 SUBJECT: APPROVE CHANGE ORDER FOR OASIS LIGHTING RETROFIT PROJECT. RECOMMENDATION: 1. Authorize the City Manager to approve Change Order No.1 in the amount of $7,588.33 to TRI County Lighting Services, Inc. 2. Authorize $3,000 for contingencies to cover any additional unforeseen conditions. BACKGROUND: During last summer's energy crisis, the City Manager requested that Staff look for ways to conserve energy. The City Electrician, Herb Wollerman, the Building Maintenance Supervisor, Charles Coakley, and the Utilities Director, Eldon Davidsion met with the City Manager and developed a plan to replace older, inefficient lighting fixtures in all City Facilities to reduce energy demand where it is cost effective. This lighting replacement project is part of the City's energy conservation program established as one of the City's ten goals for the current fiscal year. DISCUSSION: The Oasis Senior Center was identified as having the older, inefficient fixtures that are in need of replacement. Staff received three bids for the project. The low bidder was TRI County Lighting Services, Inc. in the amount of $27,588.33. The City issued TRI County Lighting Service a contract on February 14, 2002 to perform this work. The project called for replacement of approximately 229 light fixtures in the outer classroom areas of the senior center. The payback on this project from energy savings is approximately 3 to 4 years. Prior to commencing work to install the new light fixtures, it was discovered that several circuits that feed the lights were not properly grounded. In addition, the existing light fixtures have inadequate seismic restraints. Correcting these conditions will bring the new lighting system in compliance with current building codes. Staff negotiated a change order with the contractor in the amount of $7,588.33. The work included in the change order is an integral part of this project. SUBJECT: OAISIS LIGHTINATROFIT PHASE 1 • May 28, 2002 Page: 2 Section 1110 of the City Charter, Contracts on Public Works, stipulates that when expenditures exceed $30,000 City Council approval is required. Staff is requesting approval of the $7,588.33 change order. In addition, Staff also request that $3,000 be approved for contingencies to cover any additional unforeseen conditions. Funding to cover the cost of the change order and the contingencies for the amount of $10,588.33 is available in the Oasis Senior Center Capital Improvement Account No. 7011- C4120612. Respectfully submitted, UTILITIES DEPARTMENT Eldon G. Davidson Utilities Director f By' Pete Antista Utilities Operation Manager f: \users \utRshared \city council reports\may 28\oaisis extra lighting report.doc NMI• LIGHTING SERVICES INCORPORATED April 30, 2002 City of Newport Beach Attention: Herb Wollerman 949 W 161h Street Newport Beach, Ca. 92663 Re: Oasis Job Walk 4 -24 -02 1i Herb Wollerman Rob Masters Kevin Hatch Electrical upgrades to meet code requirements, A B switching installation, ground wire additions, seismic tie wires, panel identification, removing and securing of abandoned electrical equipment, photo control installation, additional switches and conductors. 2- Tiger grip %2' K.O. 2- 20 amp 120/ 277 Toggle 1- CVR Plate 2- 250' Liquid Tight 108 -' /2" Liquid Connectors 54- Octagon %' Hub 54- CVR Plate w/ Gasket 600- #10 THHN 3- K4141Intermatic 4- Q120 1775- #12THHN 1500-452B $2,308.94 1- Tax $167.39 1- Labor $5,112.00 Total $7,588.33 Should you have any questions please contact me at (714) 634 -0488 Th ' 7 _ � vin Hatch CL C GM 611 North Poplar Street, Orange, California 92868 • (714) 634 -0488 FAX (714) 634 -0770 .PURCHASE EQUISITIQN P.O. No.: (If Reserved) Suggested Vendor: TIU- COUNTY LIGHTING SERVICES, INC. 611 North Poplar Street Orange, CA 92868 (714) 634- 0488 /_(714) 634 -0770_ Fax: Attention: Kevin Hatch. GM CITY OF r,E.wpo NEWPORT BEACH Date: 09/04/01 Dept: Utilities Ship To: City of Newport Beach Utilities 949 W. 16th Street Newport Beach, CA 92663 Attention: Herb Wollerman (949) 718 -3406 / (949) 646 -5204 Fax Description of Articles or Services Required Unit Price Amount Budget . LS labor and materials for Oasis Senior Center retrofit and $27,769.52 $27,769.52 see below fixture upgrade. Comments: 2 -bids plus bidders list attached. Sub Total Tax Total $27,769.52 d $27,769.52 Date Required: F.O.B. Terms ZI/ q16 -I-- 7Cp}'ROVED (Department Head or person authorized to execute requisitions) 701104120324 $15,000.00 '}C4120612 $12,769.52 FISCAL SERVICES MANAGER SIG i I -Gy Gay 150- 1 ADMIN.SRVCS. DIRECTOR (Approval required for purcha exceeding $2,000) 0 PURCHASE REQUISITION P.O. No.: (If Reserved) Suggested Vendor: TRECOUNTY LIGHTING SERVICES, INC. 611 North Poplar Street Orange, CA 92868 2714) 634 -0488 / (714) 634-0770 Fax of Articles or Services ICOmments: 2 -bids plus bidders list attached. 11 Date 7011C4120324 gip 00 `IC4120612 �;7� 7 0 l i— G`#oot -(Sa l o \� M.F, J FISCAL SERVICES MANAGER 0 FiL E Copy an of ��6`wPORT NEWPORT BEACHU�4 oaNP= Date: 09/04/01 Dept: Utilities or person Ship To: City of Newport Beach Utilities 949 W. 16th Street Newport Beach CA 92663 Attention: Herb Wollerman ,21t718 -3406 / 949 646 5204 Fax Unit Price I Amount Budget # Sub Total $27,769.52 Tax included Total 07 7t9 S9 Terms to execute ADMIN.SRVCS. DIRECTOR (Approval required for purchases uceeding $2,000) Z,, (0 6 (c. (0 (. see mlZO ,29 L// cf /� -I- • 4, c D u N-41 I .-7H TING lt)--ERIAC-5 FAX COVER SHEET FAXED DATE SEND TO Company name Fran C—)--r —, a i4WqA-TBCocK,0 Attention Date WOLLearnA �j euaLic, Wcjf-y'l Fa Dumbw Phone r 71(4 ._t 8>r 0 6 ❑ urgent ROPIYASAP Elpims,,mmmm xPles"Faview Foryowkd4r"moon Total pages. inducing oww COAMEWS s ....... . ... I ..... ... . .. .. . .... .. ........... . ..... .. ............. . ............. .. . ....... . .......... . . ... .. ... . .... . ........ ..... . . I ....... ..... I .. ......... .......... ...... ...... 1. ...... ......... . ........... . . ........ ................... I .... ... . . ...... ........... 11- ...................... . . ........ . --- .... .......... 7� H-,?wk ............. .. . .. -1.1.11 ....... . ..... ... ...... ..... ... . .. . ..... . ............ ......... I ........... ...... .. ...... - . ..... . ..... .. — . ..... ......... ........... . .. 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California 92868 • (714) 634-0488 • FAX (714) 634-0770 May 10, 2001 City of Newport Beach Attention: Herb Wollerman Public Works Deparmnent- Utilities Division 949 W. 16 " Street Newport Beach, Ca 92663 Re: Oasis Senior Center/ Retrofit and Fixture Upgrade Herb, thank you for the opportunity to evaluate the retrofit and fixture upgrade at Oasis Senior Center 1 meet with Jim Morris to walk the facility and discuss the scope of work. We have completed our survey and are pleased to submit the following proposal for your consideration if you have any questions please contact me at (714) 634 -0488 Thank you, 7 en Hatch CLMC GM CcJM@EW o/ U 611 North Poplar Street, Orange, California 92868 • (714) 634-04-8t-- a 0 0 0 0 0 0 0 0 0 1 ' Material List Oasis Senior Center 50- STD240120SO Sealtron 103- WA240120SO 30 -ASC 18 Stems 15- WA34012003 Wrap 15- XLW28RFL PCt Wallpacks 13- SPS2GFS VA34012003 446- FO32741 XECO 28- Q7'2X321201S Materials Pages 1,2 (labor) Tax Total Cost Not Included in Proposal: II Lamp Disposal Ballast Disposal (PCB) $5,000.50 $4,800.83 $ TBA $932.25 $1,652.70 $776.49 $976.74 $447.16 $14,586.67 $11,795.95 $1,094.00 FixT�RB 527,476.62 -!' a? -7 s• G�hP OisPos'gL Tri -County Lighting Services is not responsible for existing electrical conditions or switching devices unless otherwise noted. New fixtures with electrical requirements have been quoted to the nearest source additional circuits may be required. Communication on all electrical conditions will be assets and reported throughout the retrofit and lighting upgrade. Tri-County Lighting Services requires all payments made within thirty days of completion of work proposed If work is phased in over thirty days, payments will then be due upon completion of each phase. Tri - County Lighting Services Kevin Hatch GM pg.3 Oasis Senior Center Herb Wollerman • Phase 1 -A Oasis Senior Center 1. Quadrangle a. Shuffle Board Court 6 -new Wallpacks w/ photo - cell -CFL 26/32 Watt. 1- Wallpack to be replaced and the other 5 to be installed per specs to Illuminated the shuffle board area and increase security lighting. Includes tax, labor and electrical materials to complete scope. $1,487.99 b. Under Canopy Porches Outside Classrooms- Remove all existing fixtures and add fifty new fixtures spaced every eight feet where applicable_ Includes tax, labor and electrical materials to complete scope. $5,181.30 c. Outside Multi - Purpose Room - Canopy - Retrofit 7 recessed ceiling lights w/ 26 watt compact fluorescence. (to:bedone °by others) $0.00 d. Replace two existing wallpacks with two new CFI, 26/32 wallpacks $35.00 2. Outside Building Perimeter facing 5`h Street a. Presently are five wallpaks, all clustered at one end of building near main entrance, but not all working. Add four more new wallpacks and evenly space under the canopy. Also replace two existing fixtures. Includes tax, labor and electrical materials to complete scope. $1,351.91 b. Replace one jelly jar fixture behind game room with new wallpack. $17.50 pg. 1 Phase 1 -B Oasis Senior Center Classroom IA & 1B plus kitchen Replace 24 fixtures one for one Replace 3 fixtures one for one (kitchen) Classroom 2 Ping Pong Replace 12 fixtures one for one Replace 2 fixtures wrap one for one Classroom 3 Replace 12 fixtures one for one Classrooms 4,5,6,7 Replace 42 fixtures one for one Classroom 8(Computer Room) Replace 6 fixtures one for one Room is not currently able to have AB switching Restrooms(4) Replace 4 fixtures one for one with minor electrical Replace 4 fixtures one for one Came Room Retrofit 12 fixture lamps and ballast Computer Lab Replace 3 fixtures one for one Will need to verify AB switching Arts & Crafts Room Retrofit 16 fixtures lamps and ballast Replace 4 fixtures with new pendants Replace 11 fixtures one for one Maintenance Room, Replace 2 fixtures one for one minor electrical Electrical Room Replace 1 fixture one for one pg. 2 $708.75 $367.50 $315.00 $1,102.50 $157.50 $183.75 $144.00 $78.75 $585.75 $52.50 $26.25 ISGHTING SERVICES 'NCORPORATED FAXED DATE May 17, 2001 City of Newport Beach Attention: Herb Wollerman Public Works Departroent- Utilities Division 949 W. 16" Street Newport Beach, CA. 92663 Re: Oasis Senior Center/ Lamp and Fixture Disposal Lamp Disposal 1,356'.10' $185.60 Fixture Disposal Bin $275.00 If you have any questions please contact me at (714) 634 -0488 Thank you, Kevin Hatch CLMC GM 611 North Poplar Street. Orange, California 92868 • (714) 634 -0488 FAX (714) 634 -0770 EnerTech Systems, Inc. Fax Cover Sheet Name: Herb Wollerman Name: Jared Johnson Company: Ciry of Newport Beach Date: May 11, 2001 Fax #: (949) 646 -5204 Fax #: (714) 237 -9971 cc: Jim Morris (E Sam Jones) Pages Sent (including this cover): 1 Comments: Thank you for allowing EnerTech Systems, Inc. to quote your energy efficient lighting project. PROJECT NAME: Oasis Senior Center Phase 1 �j sos L LAMP E8T1P4PTE SC Bt> FE: $2;74 - f f�(TiRe K PROJECT COST: v /- ` ? NET PROJECT COST: 47x394—" The above pricing is for 223 fixtures and 0 occupancy sensors, based on counts audited by Jim Morris. The pricing includes all material, installation (project is not priced as prevailing wage), o 5 p� lamp disposal and sales tax. PCB ballast, emergency battery back -up ballasts, system wiring IQ -'e . 5 P repairs, patching/painting, or permits are not included in the pricing. 5 We appreciate the opportunity to present this proposal to the City of Newport Beach and look forward to working with you on the project. hank Jared Johnson VP Sales & Marketing EnerTech Systems, Inc., 1310 Kraemer Blvd., Anaheim, CA 92806 Tel: (714) 237-9970 Fax: (7141237-9971 Wollerman, Herb From: Jardine -Haug, Celeste Sent: Friday, August 10, 2001 9:08 AM To: Wollerman, Herb Subject: budget numbers $15,000 from 7011- C4120324 the rest from 7011- C4120612 Let me know how much will be taken out of the 2nd account • E.Sam Jones . �, t � aDistributor, Inc.0 u` Lighting Supplies J J 1946 1998 6015, STATE COLLEGE BLVD. PHONE: (714) 496 8730 FULLERTON, CA 9ZS31 '� � FAK: (714) 446-8736 1vN�MiR88TF. j0n0&Cm Y E R ElVER7 P_C f SYSTEMS, INC. 1310 H. Kraemer Blvd Anaheim, CA 92806 Jeff W. Johnson, President Jared Johnson, Vice President 714237 -9970 F,g X 7144 - 2-77 - 9 971 LIGHTING TECHNOLOGY SERVICES, INC. (L.T.S.) 3520 Cadillac Avenue Costa Mesa, CA 92626 Russell Wm. Royal, Principal 714 -550- 7223,oAL 121 — HOOPS ELECTRIC P.O. Box 6336 Aiwheim, CA 92816 -6336 . S —� z , 3 , o 4- �t / Kevin Hoops, Principal 714328 -3733 TRI- COUNTY UGHUNG SERVI(ES, INC. 611 Berth Poplar Street Orange, CA 92W Kevin Hatch, Principal 714404 -0958 ATLANTA - HOUSTON - CHARLarrE - NASHVILLE • PHOENIX - LOS ANGELES PAYMENT AUTHORIZATION Vendor: TRI- SIGNAL INTEGRATION, INC. Address: 2313 Valley Street Burbank. CA 91505 (818) 566 -8558 / (818) 566 -8580 Fax L CITY OF NEWPORT BEACH o m G = �C. F00.�` Date: 07/17/2001 Dept. PW- Utilities Amount: $476.00 Item of Expenditure Invoice No. Budget No. Amount Payment for annual service charges for Fire /Life 7803 5500 -8080 $476.00 Safety Contract for 7/01/01- 6/30 -02. Freight Tax TOTAL $476.00 Comments /Special Instructions: Department Approval: Fiscal Svcs Manager Approval: �L- Date: July 17, 2001 Date: Admin Svc Director Approval: Date: 1 TRI.SIGNAP MTEORATION, INC. Valley Street • Bwhank, C4 91505 • 81 B5668558 • 8185664580 Fac t City of Newport Beach BILL Attn: Mr. Clarke TO 3300 Newport Boulevard Newport Beach, CA 92663 i Cii ii7 I 3Tt9uu 11 DUtility City of JOB 949 We Newport Beach, CA Nef �( 1 07 1 Fire/Life Safety Contract 07/01/2001 to 06/30/2002 Annual charges for the preventive maintenance and inspection of the Fire/ Life Safety & Central Station Monitoring Systems. Also included, 24 how monitoring of the Fire/ Life Safety System. ® ai;Fi0l rO 476.00 476.01 476.0( $476.0( CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS PARKING LOT LIGHTING IMPROVEMENT PROJECT CONTRACT THIS AGREEMENT, entered into this day of , 2000, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Musco Lighting, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has requested an informal bid for the following described public work: Installation of a 40 -foot dual head sports lighting pole, conduit and wires, new Edison service with timer and switch assembly, all pursuant to lighting plan E -5055 ( "Project "). WHEREAS, Contractor has been determined by City to be qualified and capable to perform the Project. NOW, THEREFORE, City and Contractor agree as follows: A. 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 this Contract and lighting E -5055 ( "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. B. 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 fourteen thousand, two hundred sixty- five and no /100 Dollars ($14,265.00). This compensation includes: (1) Any loss or damage arising from the nature of the work. (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work. (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is 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 0 PAGE 2 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, P.E. (949) 644 -3342 Musco Lighting 3151 Airway Avenue Building G -1 Costa Mesa, CA 92626 Attention: Michael Marchetti 714 - 540 -9335 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 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 insurerto 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: 1. Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. PAGE 3 3. 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 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 in 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. PAGE 4 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 instim, sliall agree to waive all fights of stibFegalien against Gity, its-f fRee ] YE - CarttraClnr%rt?ity 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 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 0 0 PAGE 5 project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. EFFECT OF CONTRACTOR'S EXECUTIONExecution 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. 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. CITY OF NEWPORT BEACH A Municipal Corporation By: Public Works it ct • ' .�_�!� \ \MIS_1 \SYS\ Users \PBW\Shared \Contracts \FY 99-00 \Oasis Parking Lot Lighting.doc • MAY 2 8 2002 TO: Mayor and Members of the City Council FROM: Utilities Department May 28, 2002 CITY COUNCIL AGENDA ITEM NO. 15, SUBJECT: APPROVE CHANGE ORDER FOR OASIS LIGHTING RETROFIT PROJECT. RECOMMENDATION: 1. Authorize the City Manager to approve Change Order No.1 in the amount of $7,588.33 to TRI County Lighting Services, Inc. 2. Authorize $3,000 for contingencies to cover any additional unforeseen conditions. BACKGROUND: During last summer's energy crisis, the City Manager requested that Staff look for ways to conserve energy. The City Electrician, Herb Wollerman, the Building Maintenance Supervisor, Charles Coakley, and the Utilities Director, Eldon Davidsion met with the City Manager and developed a plan to replace older, inefficient lighting fixtures in all City Facilities to reduce energy demand where it is cost effective. This lighting replacement project is part of the City's energy conservation program established as one of the City's ten goals for the current fiscal year. DISCUSSION: The Oasis Senior Center was identified as having the older, inefficient fixtures that are in need of replacement. Staff received three bids for the project. The low bidder was TRI County Lighting Services, Inc. in the amount of $27,588.33. The City issued TRI County Lighting Service a contract on February 14, 2002 to perform this work. The project called for replacement of approximately 229 light fixtures in the outer classroom areas of the senior center. The payback on this project from energy savings is approximately 3 to 4 years. Prior to commencing work to install the new light fixtures, it was discovered that several circuits that feed the lights were not properly grounded. In addition, the existing light fixtures have inadequate seismic restraints. Correcting these conditions will bring the new lighting system in compliance with current building codes. Staff negotiated a change order with the contractor in the amount of $7,588.33. The work included in the change order is an integral part of this project. c -�s33 SUBJECT: OAISIS LIGHTIN &TROFIT PHASE 1 May 28, 2002 Page: 2 Section 1110 of the City Charter, Contracts on Public Works, stipulates that when expenditures exceed $30,000 City Council approval is required. Staff is requesting approval of the $7,588.33 change order. In addition, Staff also request that $3,000 be approved for contingencies to cover any additional unforeseen conditions. Funding to cover the cost of the change order and the contingencies for the amount of $10,588.33 is available in the Oasis Senior Center Capital Improvement Account No. 7011- C4120612. Respectfully submitted, UTILITIES DEPARTMENT Eldon G. Davidson Utilities Director By: /� > Pete Antista Utilities Operation Manager f: \usere\utI\shared\city council reports\may 28\oaisis extra lighting report.doc