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HomeMy WebLinkAboutC-3439 - Bonita Creek Park Sports Lighting Replacement• • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC May 14, 2003 Baxter - Griffin Company, Inc. 8210 Monroe Stanton, CA 92680 Subject: Bonita Creek Park Sports Lighting (C -3439) To Whom It May Concern: On May 14, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on June 28, 2002. The Surety for the contract is Gulf Insurance Company, and the bond number is AE2672005. Enclosed is the Faithful Performance Bond. Sincerely, M 04-� D Gem La =Ma ess, CMC City Clerk LMH:Iib cc: Public Works Department R. Gunther, P.E., Construction Engineer enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BOND NO: AE2672005 • BOND PREMIUM: $700.00 PAGE 16 BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT CONTRACT NO. 3439 BOND NO. AE2672005 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 700.00 being at the rate of $ 9.40 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Baxter - Griffin Company, Inc., hereinafter designated as 'the "Principal ", a contract for construction of BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT, Contract No. 3439 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. 3439 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Gulf Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of seventy -four thousand, five hundred twelve and 001100 Dollars ($74,512.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 0 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 (1) 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 3rd day of October , 2001. Mark Dillard Secretary /Treasurer Baxter - Griffin Company, Inc. (Principal) Authorized Signat e'M' tle Gulf Insurance Company Name of Surety 960 W. Elliot Rd., Suite 212 Address of Surety Tempe, AZ 85284 Telephone Auth rized Ag t Si, ature Randy Spohn, Attorney-in-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL - PURPOSE *KNOWLEDGMENT 0 State of CALIFORNIA County of ORANGE On 10/03/01 before me, ZARA S. SPOHN, NOTARY PUBLIC personally appeared RANDY SPOHN X 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 he /she /they executed the same in his /her /their 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 zaRA S- CP0l'N WITNESS my hand and official seal. ccti;tn.ttlzacaes m `Y tPi Notary Public- CalLcrnia it7 0 G COUN .; My Comm. Exp. July 31" 2003 Signature of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED xx ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT 9 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On October 10, 2001 Dale before me, Rose M. Schriever, Notary Publie Name ane ntla of Officer (e.g.. "Jane Doe. Notary Wmc ) personally appeared Mark Dillard Nomelaf of signene) ROSE M. SCHRIEVER Commission 91311045 z -a Notary Public - Califomia Orange County My Conan. Expires, Jul 26.2005 Fm personally known to me = proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is /are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his /Iser /{Reif authorized capacity(iea•), and that by his /her/their signature(M on the instrument the person*, or the entity upon behalf of which the person(&} acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seel Above igneWre of Notary %We; OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual • Top of Inump nere ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee C. Guardian or Conservator ❑ Other: Signer Is Representing: 91999 N.bpW N A oon • 9= De Sob w .. P.O. f 202 • Cl aY . C 913112eb2 • w- w.ivbvwbury.oq P'be. No. 5907 Beatles Cb TdFFre. 1-90M1916d8Tr June 28, 2002 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Baxter - Griffin Company, Inc. 8210 Monroe Stanton, CA 90680 Subject: Bonita Creek Parks Sports Lighting (C -3439) To Whom It May Concern: On May 14, 2002, 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 May 24, 2002, Reference No. 20020440557. The Surety for the contract is Gulf Insurance Company, and the bond number is AE2672005. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department R. Gunther, P. E., Construction Engineer encl. 3300 Newport Boulevard, Newport Beach ND N0: AE2672005 . 'WD PREMIUM: Included in Performance BondPAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT CONTRACT NO. 3439 BOND NO. AE2672005 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Baxter - Griffin Company, Inc., hereinafter designated as the "Principal," a contract for construction of BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT, Contract No. 3439 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3439 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Gulf Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of seventy-four thousand, five hundred twelve and 00/100 Dollars ($74,512.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. • _• PAGE 15 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 3rd day of October '2001. Mark Dillard Secretary /Treasurer Baxter - Griffin Company, Inc. (Principal) Auth ri�riz""e''d��Signature/Title Gulf Insurance Company rvvw Name of Surety Auth rized A t nt Si nature 960 W. Elliot Rd., Suite 212 Randy Spohn, Attorney -in -Fact Address of Surety Print Name and Title Tempe, AZ 85284 480 - 897 -8600 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL - PURPOSE kNOWLEDGMENT (0 State of CALIFORNIA County of ORANGE On 10/03/01 before me, ZARA S. SPOHN, NOTARY PUBLIC personally appeared RANDY SPOHN + X 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 he /she /they executed the same in his /her /their 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 ZARA S. SPOHN KWITNESS my hand and official seal. comm. #1230889 rn Notary Public - California N + s ; ORANGE COUNTY -v -/ 61y Comm. exp. ;uly 31, 2003 ^ Signature of Notary s; , kes�:.:;:c*s•:�c;,.,..�r fi �:: . Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED xx ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT GULF INSURANCE CONY HAZELWOOD, MISSO�.d POWER OF WTORNLY ORIGINALS OF ]'HIS POWI'R OFATTORNEY ARE PRINTED ON BLUE. SAFETY PAPER WITH TEAT. INK. DUPLICATES SHALL HAVE THE SANIE FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL,%IFN BY THESE PRESENTS: That the Gull In\aranCe Company, a corporation duty organized under the laws of the Stale of Missouri, h;n'ine its pnn- cipal office in the city of Irving. Texas, pursuant to the followinc resolution, adopt- ed bV the Finance & Executive Committee of the Board of Director, of the said Company on the 10th day of August. 1993, to wit: "RESOLVED, that the President. Executive Vice President or anv Senior Vice President of the Company shall have authority to make. execute and deliver a Power of Auornev constituting as Attorney -in -Fact. such persons. firms, or corporations as max be selected from time to time: and anv such Attorney -in -Fact may be removed and the authority grained him revoked by the President, or any Executive Vice President, or anv Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED. that nothing in this Power of Attorney shall be construed as a grant of authority to the atturnev(s) -m -fact to sign, execute, acknowledge, deliver or oth- erwise issue a pnlicv, or policies of insurance on behalf of Gulf Insurance Company. RESOLVED. that the signature of the President, Executive Vice President or anv Senior Vice President. and the Seal of the Company may be affixed to any such Power of Auornev or anv certificate relating thereto by facsimile and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint BOND NUMBER AE2 ^005 NAME, ADDRESS PRINCIPAL: CITY, STATE, ZIP Baxter - Griffin Co., Inc. 8210 Monroe Stanton, CA 90680 EFFECTIVE DATE October 3, 2001 CONTRACT AMOUNT $ 74,512.00 BOND AMOUNT $ 74,512.00 - -- Donna Carlson, Randy Spohn, Zara Spohn - -- its tine and lawful attomey(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, under- takings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attomey(s) -in -fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed one million (1,000,000) dollars IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. STATE. OF NEW YORK SS COUNTY OF NEW YORK S�PPNOE ye. Cp 4 40pPORgTm �i " SEAL \ 'biSSO�N GULF INSURANCE COMPANY Lawrence P. Minter Executive Vice President On the 13th day of April, 2000 A.D., before me came Lawrence P. Minter, known to me personally who being by me duly sworn, did depose and say; _ that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corpoiatioh described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such car - poste seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. .. _- O �OTghi�9 ((( ����• fff���� . SOY DAVID ate of .._ _ .. ,y�AUB`SGyp�Notary Public, State of New York ! = STATE OF NEW YO_ RK ). ' Op NEs(y - Na 02n Kings Co Qualified in Kings County t SS - - Commission Expires December 30, 2001 ' • I • -' COUNTY OF NEW YORK) i, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY [lief the fmcyloirig sod= attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City ++ or New York. sxssua'NeE III�uIIIllllll 'IIIIIIIII'IIII��III oS PPPORgt� 92 Dated the 3rd day =Oe ober 1ft20 0}-'_" SEAL . < - I = AE2672005 '1343818' 4iyaOVP 8016-AE (3/2001) George Biancardi _ Senior Vice President - i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On October 10, 2001 before me, Rose M. Schriever, Notary Publie Dam Nam. am Tine of Onkx (e.g., Jane Doe. Notary wda:"l personally appeared Mark Dillard ROSE. SCHRIEVER 1 Commisalon 91311045 IL -s Notary Public - CalHomta Orange County My Comm. Expires Jul 25, 2006 a personally known to me proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/are subscribed to the within instrument and acknowledged to me that hei she/they executed the same in his /her /their authorized capacity(io&), and that by his /her /their signatureW on the instrument the person(*, or the entity upon behalf of which the persons)- acted, executed the instrument. �L! WRNE,PS my hand ai�o officiql Play Notary Sar ACw. d Notary Wbbe OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this loan to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of tnumo nere ❑ Corporate Officer — Title(s): ❑ Partner —G Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing Onto wmrrmr•aaameil. szoa sealAw P. a. aOx.. a� .e.Ve,.uaursz.ox- ...+aIOWIOenaa r+aa ra ssm a.am.a rJx iac,»�aroalsa8xx N R ER_tb KbW3 REQUESTED BY AND WHEN RECORDED RETURN TO: '02 r ,de48:43 City of Newport Beach 3300 Newport Boulevard OFFICE ddawpc8tiff6A 1(CA 92663 CITY cF .;E' +'. PORT CEACIi Recorded in Official Records, County of Orange Darlene Bloom, Interim Clerk- Recorder Illllllllillillllllllllllllllllllllililllllllllllllllllll NO FEE 2002044055711:59am 05124102 107 23 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt =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 Baxter - Griffin Company, Inc., of Stanton, California, as Contractor, entered into a Contract on October 9. 2001. Said Contract set forth certain improvements, as follows: Bonita Creek Park Sports Lighting - C -3439 Work on said Contract was completed on March 29, 2002, and was found to be acceptable on May 14, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is L-019 Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 22)1 , at Newport Beach, California. Jam-' m I\ \-T �n May 15, 2002 CITY OF NEWPORT PEACH 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 City Hall Electrical Upgrades Project (C -3318) Notice of Completion for the Bonita Creek Park Sports Lighting Project (C -3439) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, Al" LaVonne M. Harkless, CMC /AAE City Clerk Enclosures 3300 Newport Boulevard, Newport Beach 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, California, 92663, as Owner, and Baxter - Griffin Company, Inc., of Stanton, California, as Contractor, entered into a Contract on October 9, 2001. Said Contract set forth certain improvements, as follows: Bonita Creek Park Sports Lighting - C -3439 Work on said Contract was completed on March 29, 2002, and was found to be acceptable on May 14, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is M Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �a.� l door , at Newport Beach, California. m J TO: Mayor and Members of the City Council FROM: Public Works Department May 14, 2002 CITY COUNCIL AGENDA ITEM NO. 14 SUBJECT: BONITA CREEK SPORTS PARK LIGHTING, CONTRACT NO 3439 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On October 9, 2001, the City Council authorized the award of Bonita Creek Sports Park Lighting to Baxter Griffin Company of Stanton, California. The contract provided the replacement of old light fixtures with sixty-eight new energy efficient, reduced glare, sports - lighting fixtures atop twelve existing light poles at Bonita Creek Park. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract costs follows: Original bid amount: $74,512.00 Actual amount of bid items constructed: 71,272.00 Total amount of change orders: 17,897.00 Final contract cost: $89,169.00 The decrease in the amount of actual bid items constructed under the original bid amount resulted from the reduction in the number of pull boxes required. The final overall construction cost including change orders was 19.67 percent over the original bid amount. One change order in the amount of $17,897.00 provided for twelve additional fixtures and wiring harnesses to be installed. SUBJECT., BONITA CREEK SPOFARK LIGHTING, CONTRACT NO 3439— COMPL(NN AND ACCEPTANCE May 14, 2002 Page 2 Funds for the project were expended from the following account: Description Account No. Amount Lighting and Park Renovations — Bonita Creek 7015- C4120431 $84,894.99 Part Renovations 7015- C3170043 $ 4,274.01 Total $89,169.00 The original scheduled completion date was February 11, 2002. Due to the delivery time for the twelve additional lighting fixtures the completion date was extended to March 29, 2002. All work was completed by the revised completion date. Respectfully IC KS DEPARTMENT e G. Badum, Director By: _"C bu sf R. Gunther, P.E. Construction Engineer R -' f _ 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 11:00 a.m. on the 20TH day of September 2001, at which time such bids shall be opened and read for BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT Title of Project Contract No. 3439 $85,000 Engineer's Estimate pproved by Stephen G. Badum Public Works Director Prospective bidders may obtain one set of bid documents at actual cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. Contractor License Classification(s) required: "A" or "C -10" For further information, call Fong Tse, Project Manager at (949) 644 -3340 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT CONTRACT NO. 3439 TABLE OF CONTENTS NOTICEINVITING 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 NOTICETO SUCCESSFUL BIDDER ............................................... ..............................7 CONTRACT...................................................................................... ..............................8 LABOR AND MATERIALS BOND .................................................... .............................14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT CONTRACT NO. 3439 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent 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. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. PAGE 2 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. 290768 C10 Contractor's License No. & Classification BAXTER- GRIFFIN CO., INC. Bidder Authorized Signature (le Mark Dillard, Secretary, Treasurer September 11, 2001 Date PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT CONTRACT NO. 3439 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 Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT, Contract No. 3439 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 day of '2001. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) BOND NO: AE2668259 • • BID DATE 9/20/01 PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT CONTRACT NO. 3439 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 total amount of bid Dollars ($ 109 of bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT, Contract No. 3439 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 11th day of Baxter- Griffin Company, Inc. Name of Contractor (Principal) Gulf Insurance Company Name of Surety 906 W. Elliot Rd, #212, Tempe, AZ Address of Surety 82 480) 897 -8600 " Telephone Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) GU L-1 wls = mc = CO. ,l+Y NAXELVIJOOD, i%1SSC� ?3W71,R 3F A „' x)RNTEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK, DUPLICATES SHALL HAVE THE, SAME FORCE ,AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL MEN BY THESE. PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri, having its prim cipal office in the city of In ing. Texas, pursuant to the follow'in- resolution, adopt- ed by the Finance & Executive Committee of the Board of Directors of the ,aid Compam' on the 10th day of August, 1993, to wit: --RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -m -Fact, such persons, firms, or corporations as may be selected from time to time: and any such Attorney -m -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the lmance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Auumey shall be construed as a grant of authonty to the attorneyls) -in -fact to sign, execute, acknowledge, deliver or oth- erwise r,sue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President. Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers ,u executed and certified by factunde signature and facsimile seal shall he valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached” Gulf Insurance Company does hereby make, constitute and appoint BOND O ,SO %5 NUMBER r,:.. t PRINCIPAL: NAME, ADDRESS 1 CITY, STATE, -LIP Baxter - Griffin Company, Inc. 8210 Monroe Stanton, CA 90680 September 20, 2001 CONTRACT l$ 85,000.00 (estimate) I ($ Ten percent of total bid amount (10% of bid)) - - -- Cheryl Landmann, Randy Spohn, Zara Spohn -- -- its free and lawful attorneys) -in -tact, with full power and authority hereby conferred in its name, place and stead, to sipn, exeente, acknnw ledge and deliver in its behalf', as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and m the same extent a, if any bonds, under takings and documents relating to such bonds and /or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and .ill the accts of said attonneyts) in fact. pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed one minion f 1.000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. _ S13RANC,, ¢�� ppPORr C ,, 0 GULF INSURANCE CONIPANI j V F 9 'rs�SSON, P� P n J STATE OF NEW YORK 1 Lawrence P. Miniter SS COUNTY OF NEWYORK Executive Vice President 1 On the 13th day of April, 20011 A.D., before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say; that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice Pesidenl of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such cor- porate seal; that it vi as so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. � ¢ llAYIU ,IA FFA T'xF,•oUB�kG� Notary Public, State of New York STATE OF NEW YORK ) OF NEB No. 02JA4958634 1 SS Qualified in :Gags County COUNTY OF NEW' YORK 1 Commission Expires December 30, 2001 1, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. �S,yRANCE e\ II VIII VIII VIII illll VIII VIII III � OcPROnATF ;s AE2668259 *1338260* 'yigSCxIP` 8016 -AF (3120011 Dated the 11th day at' September ,20 01 ad George Riancurdl Senior Vice P•ecidcnt CALIFORNIA ALL - PURPOSE A NOWLEDGMENT State of CALIFORNIA Is County of ORANGE On 9/11/01 before me, ZARA SPOHN, NOTARY PUBLIC , personally appeared RANDY SPOHN , X personally known tome -OR- ❑ yARA 5. SPOHN COMM.1)12308 9 N ® Notary Publl, California V1 W , ORANGE COUNTY My Comm. Exp. July 31, 2003 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 /her /their 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 WITNESS my hand and official seal. 5 Signature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑. INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED xx ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORANGE I ss. On September 12,2001 before me, ROSE M. SCMUEVER, NOTARY PUBLIC Dag Nalae Am rue of oar (e.g.. "Jaffe con. roman Puwc-) personally appeared MARK DILLARD Na1b(8) m S*1.gs t ROSE M. SCHRIEVER Commission i 1311645 i Notary Public . California Orange County My Comm. EVIres Jul 26, 20115 C1 personally known to me ❑ 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 /her /their 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. WITNESS my hand and official seal. Place Wlary Soal Aao,e f She d N9Cry PulIic OP77ONAL Though the information below is not requited by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top d R here El Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1989 N28 NOWy � - 939 a De S A",P.O.BO,21a2•Cadb-na. CA 9131 >2W2• P,oa. Na 59ar N,oar CdlTd .l-08ad]8d82r PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT CONTRACT NO. 3439 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 2. 3. 4. 5. 6. 7. 8. 9. 10. BA-,:ter-Griffin Co., inc. Bidder Authorized Signature/Title Nark Dillard, Secretary, Treasurer • • PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT CONTRACT NO. 3439 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 Fifth Street Parking Lot GMC Engineering 4/2001 Contract 138 -00 -2 Gennady Chizhik 714 -247 -1040 Traffic Signal Mod HuntingtGi Beach 8/2001 Contract 1108 Robert Marti -e7 714 916 -S423 2 /2001 Highway Lighting Lake Forest na Public Works UCI Surface Parking Lot EA tiendoza Contr. 6/2001 949 - 789 -9100 Retrofit Signals City of Orange 7/2001 With LED's Chris L -Face 714 - 744 -2977 Laguna Canyon. Rd. R.S. Noble 5/2001 Irvine Spectrum 6 714- 637 -1550 8 /2001 Spectrum 5 Sully - Miller 7 Phase 3B -ICD 14- 578 -9600 Bidder Mark Dillard, Secretary, Treasurer • s PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT CONTRACT NO. 3439 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 2. 3. 4. 5. 6. 7. 8. 9. 10. BAster- Griiiin Co., Inc. Bidder ized Signature/Title Dillard, Secretary, Treasurer CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT CONTRACT NO. 3439 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) PAGE 6 Nark Dillard being first duly sworn, deposes and says that he or she is Secretary, Treasurer of Baxter- Griffin Co., Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. 4....f..� -Gy ffip Bidder Authorized Signature itle Mark Dillard, Secretary, Treasurer Subscribed and sworn to before me this 20tday of September 2001. [SEAL] Notary Pu is ommission Expires: July 26, 2005 ROSE M. SCHRIEVER Commission # 1311045 Notary Public. CalHomin Orange County OlVyCornrn Expires Jul 26,2005 0 41 PR1of1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT CONTRACT NO. 3439 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. 3439 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 and Ballfield Closure TWO 41�ou.5cAh/.t @ DOMA Dollars and ZCA,'D Cents Oa Per Lump Sum 2. 56 Each Baseball Field Sports Lighting eA "IF� @5 �X fl I ✓I C Dollars 2 and $ l I Z31 -ob $ 6q , Z1Z -o0 Per Each TOTAL PRICE IN WRITTEN 7?NPNI•��.t WRITTENWORDS phc- L m5a wd Dollars and �j t� Cents $ 121 Z 0 6 Total Price (Figures) To Be Used As The Basis of Bid Selection PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT CONTRACT NO. 3439 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND 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 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: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PAGE 8 BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT CONTRACT NO. 3439 CONTRACT THIS AGREEMENT, entered into this 9th day of October, 2001, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Baxter - Griffin Company, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT Project Description 3439 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. 3439, 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 seventy-four thousand, five hundred twelve and 00/100 Dollars ($74,512.00). 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 and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Fong Tse (949) 644 -3340 Baxter - Griffin Company, Inc. 8210 Monroe Stanton, CA 90680 (714) 826 -5310 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 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. A. 4. Other Insurance Provisions 0 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. 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. • • PAGE 12 6. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole 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. L, 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. -�A f_= TO FORM: CITY OF NEWPORT BEACH A Municipal Corporation By. '0010'. #A Mayor Garold B. Adams Baxter - Griffin Company, Inc. By: Authorized Signature and Title Mark Dillard, Secretary, Treasurer CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On October 10, 2001 Dam I ss. before me, Rose M. Schriever, Notary Public Name am T9e of Olacer (e.g.. "Jam Dam. Notary Pudic) personally appeared Nark Dillard Namaa) of SignMn ROSE M. SCHRIE LR r Commission # 1319045 -fd Notary Public - California Orange County My Comm. Expires Jul 26, 2005 K personally known to me proved to me on the basis of satisfactory evidence to be the person(st whose name(s) is /are subscribed to the within instrument and acknowledged to me that hekAeAh" executed the same in hisJ`°•,,.� ;� authorized capacity(ies), and that by his /her4thelr signatur"on the instrument the person(&), or the entity upon behalf of which the person(* acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seat AEwa Slgfmtwa of Ndary PUN a OPTIONAL Though the information below is not required by law, ft may prove valuable to parsons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of mump here ❑ Corporate officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other. Signer Is Representing: O law NaeTY Nq A„ld - 9350 De earn Am.. RO. em 2W2• UeaaM C 9101 }2W - xw+ltanaftm,.919 Pp Nn 590] Ranor. ry Ta0.LNe 1 -0W8]aLYr ACORD CERTIFICA OF LIABILITY INSU NCL_TEOi DA10/ s PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher 6 Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0726293 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 57036 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS Irvine CA 92619 -7036 Phone:949- 756 -8500 Fax:949- 756 -8701 INSURERS AFFORDING COVERAGE INSURED INSURER A: Admiral Insurance Company INSURERS: Hartford Fire Insurance Co. Baxter - Griffin Co., Inc. Equipment Faax # 14- 826 -3742 INSURERC: Royal Insurance Co. of America INSURER D: State Com ensation Ins. Fund 8210 Monroe Street Stanton CA 90680 INSURER E: FIRE DAMAGE (Any one fire) COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tNSR LTR TYPE OFINSURANCE POLICY NUMBER DATE MMIDDNY I DATE MM /DDNY LIMITS 3300 Newport, P.O. Box 1768 GENERAL LIABILITY AUTHORIZED REPRESENTATIVE Newport Beach CA 92659 -1768 EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY A01AGO8073 01/29/01 01/29/02 FIRE DAMAGE (Any one fire) S 50,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5,000 PERSONAL S ADV INJURY $110001000 • Contract Liabilty • OCP/XCU GENERAL AGGREGATE s2,00 000 GEN -L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG s2,0001000 POLICY X JEo r7 LOC B AUTOMOBILE LIABILITY ANY AUTO 72UUNGL4671 01/29/01 01/29/02 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 r r X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Peraccrdent) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ ANY AUTO $ EXCESS LIABILITY EACH OCCURRENCE $3,000,000 C X OCCUR OCLAIMSMADE PHN204903 01/29/01 01/29/02 AGGREGATE 53,000,000 $ S DEDUCT113LE $ RETENTION $ D WORKERS COMPENSATION AND EMPLOYERTLIABILITY 1620195 01/29/01 01/29/02 IAIU X I TORY LIMITS ER E.L. EACH ACCIDENT 51,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER , DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ) City, ts officers officials, employees 6 volunteers are to be covered as r " "' °•''' "� Y r 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 6 completed operations of Contractor? ., � { J, UC ' k(. U, ,� „•� o'Cr6_C.I. premises owned, occupied or used by Contractor; or automobiles owned, leased! �- CERTIFICATE HOLDER IN I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION ADMIN02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENBE0W0W;FO MAIL _3Q_ DAYS WRITTEN Administrative Assistant NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTPA1L•tlR6i9B09B !_ Public Works Department City of Newport Beach xnPeseneeenDATdeweatlABIL R 3300 Newport, P.O. Box 1768 REPRESERMIVES. AUTHORIZED REPRESENTATIVE Newport Beach CA 92659 -1768 Kathy Sebiane non 4, ACORD 25S (7197) - T. ©yjORD CORPORATION 1988r NOTEPAD. SHOLDER URED'SO AM�xter?Griffin Co., Inc. • OPPIID{TEM1 DATE 10/05/01 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(per attached primary endorsement). Waiver of subrogation applies to workers compensation (requested from carrier). P E POLICY NO. A01AG08073 COMMERCIAL GENERAL LIABILITY INSURED: Baxter- Griffin Co., Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City its officers, officials, employees & 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 & completed operations of Contractor; premises owned, occupied or used by Contractor; or automobile owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to city, its offices, officials, employees or volunteers 3300 Newport Blvd, P.O. Box 1768 Newport Beach, CA 92659 -1768 (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section III 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. PRIMARY INSURANCE: It is agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured(s) shall be primary insurance but only as respects any claims, loss or liability arising out of the operations of the Named Insured(s) and any insurance maintained by the Additional Insured(s) shall be excess and non - contributing. CG 20 10 11 85 Copyright, Insurance services Office, Inc.. 1984 m 0 m 0 0 0 0 r w J cs N r 0 0 0 f t� c i= kV. 14. 2001 9:46AM H. 1113 P. 2/3 , nis arcuiAi- roULr i -FLEX P0 is provided by the insurance company(s) Hartford Insurance Group, shown below. 00 COMMON POLICY DECLARATIONS THE POLICY NUMBER: 72 t><>N JA" R2 HARTFORD RENEWAL OF: 72 UUN GL4671 Named Insured and Mailing Address: BAXTER TrPTS ^o . = -� (No., Street, Town, State, Zip Code) G e R EQUIPMENT C/o MR.BERT GRIrrIN, 8210 MONROE ST STANTON CA 90680 (ORANGE COUNTY) Policy Period: From 01/29/01 To 01/29/02 12:01 A.M., Standard time at your mailing address shown above. In return for the payment of the premium, and subject to all of the terms of this polity, we agree with you to provide insurance as stated in this policy. The Coverage Parts that are a part of this policy are listed below. The Advance Premium shown may be subject to adjustment. Coverage Part and Insurance Company Summary PROPERTY CHOICE HARTFORD CASUALTY INSURANCE COMPANY HARTFORD PLAZA HARTFORD, CT 06115 COMMERCIAL AUTO HARTFORD FIRE INSURANCE COMPANY HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 Total Advance Premium: RECEIVED FEE 5 2001 AJG IRVINic $29,645.00 Advance Premium $ 988.00 $28,657.00 Form Numbers of Coverage Parts, Forms and Endorsements that are a part of this policy and that are not listed in the Coverage Parts. HM0001 IR00170295 IL00210496 IL02700799 PC00010699 HAO02SO295 Agont/BroksrName: ARTHUR J. GALLAGHER b.CO- INS. BRER This policy is not binding unless countersigned by our Authorized Representative. PRODUCER COPY Form HM 0010 02 95 Countersigned by Authorized Representative Date jA.N. 6. 1995 1:?4AM 3, El c. If there is "loss' to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examination under oath at our request and give us a signed statement of youranswers. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writing that the "insured' has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to determine the "insured's" liability. LOSS PAYMENT - PHYSICAL DAMAGE COVERAGES At our option we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. S. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" impair them. Co. -f Id l) 4 AJG L gG71 I (';tq (a -oa- -- B. GENERAL CONDITIONS 1. BANKRUPTCY Bankruptcy or insolvency of the "insured" or the "insureds' estate will not relieve us of any obligations under this Coverage Form. 2. CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceal or misrepresent a material fact concerning: a. This Coverage Form; b. The covered "auto' c. Your interest in the covered "auto ": or d. A claim under this Coverage Form, 3. LIBERALIZATION If we revise this Coverage Foam to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. NO BENEFIT TO BAILEE - PHYSICAL DAMAGE COVERAGES We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. S. OTHER INSURANCE a. For, any covered "auto" you own this Coverage Form arovides primary insurance. For any covered 'auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer' is connected to another vehicle, the Liability Coverage this Coverage Form provides for the " trailer' Is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered' auto". Page a of 11 Copyright, Insurance Services Office. Inc., 1993 CA po 01 12 93 11/14.01 12:58 BAXTER-GRIFFIN 4 949 644 3318 • STATE P.O. BOX 420807, SAN FRANCISCO. CA 94142 -0807 GOMPCNSATION I N S U R AMC E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE OCTOBER 23, 2001 POUCY NUMBER: 'CERTIFICATE EXPIRES: CITY. OF NEWPORT BEACH,.::- 3300 NEWPORT. ... .. .. NEWPORT BEACH C'A.92659 L 140.325 902 1620195 - 01 1 -29 -02 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. 30 This policy is not subject to cancellation by the Fund except uponAtin days' advance written notice to the employer. 30 We will also give you)MN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of Insurance is not an Insurance policy and does not amend, extend or after the coverage afforded by the policies listed herein.. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of, insurance may, be: issued or may pertain, the Insurance afforded by the policies described hereln is subject to all the term%.exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $.1,000,000 PER OCCURRENCE. ENDORSEMENT 42065 ENTITLED CERIFICATE HOLDERS' NOTICE EFFECTIVE 01/29/01 1S ATTACHED TO AND FORKS A PART OF THIS POLICY. ENDORSEMENT 42370 ENTITLED 'WAIVER OF SUBROGATION EFFECTIVE 10/27/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOVER F_ BAXTER- GRIFFIN CO INC 8210 MONROE AVE STANTON CA 90690 6CT -17 -2001 WED 08:44 AM FAX NO. • P. 08 QN, CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: /0 1 D I DEPARTMENT /CONTACT RECEIVED FROM: SNAUAM QyJ ER DATE COMPLETED: /y/110 I SENT TO: BY: e'F /R coNeANY/PEmoN REQUIRED To HAVE CERTIFICATE: AAX ?ER — CER/FF/N 10-j /NC GENERAL LIABILITY: A. INSURANCECOMPANY: ADMIRAL rNSUR M1,65 Co B. AM BEST RATING (A VII or greater): lid: V/II C. ADMITTED COMPANY: ( Must be California Admitted) Is company dmitted in California? Yes_ No ✓ D. LMMITS: (Must be $1,000,000 or greater) What is limit provided? / 0 Y E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included? Yes_ No_ F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and volunteers). Is it included? Yes,% No_ G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes _ZNo_ H. CAUTION! (Confirm that loss or liability of the Named insured is not limited solely by their aeghgence.) Does endorsement include "solely by negligence' wording? Yes_ No 1-1/ I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCECOMPANY:_ RARTPORD Fl lA1S• M. _ B. AM BEST RATING (A VII or greater): &:V X C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes No D. LIMITS: ( Must be $1,000,000 minimum BI & PD and $500,000 UM) What is limits rovided? E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers ,agents, officials, employees and volunteers). Is it included? Yes _ No ✓ F. PRIMARY AND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yes_ Noy G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified trail; per Lauren Farley the City will accept the endeavor wording. III. WORKERS COMPENSATION A. INSURANCE COMPANY: `S %R %F —n APPE�t(1s�T7r7�) IAlS, aAQ B. AM BEST RATING (A VII or greater) -f=i1i C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes ti/ No $(/f I (/rr fi77WCHF HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No ✓ //RV 6Fk95 MMRRY 00,9VIP 6 113 4006 AS Vt"Y e9F IVIV7 E FIR 1of1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT CONTRACT NO. 3439 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. 3439 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization and Ballfield Closure t`N^ @ DmLk Dollars and Z'6 VV Cents $ 2 ()� 0 D Per Lump Sum 2. 56 Each Baseball Field Sports Lighting @'�i 11 1 t C Dollars and I cL Z�Z o j v✓b Cents $ i Per Each TOTAL PRICE IN WRITTEN WORDS �rV4*1k 61V C iIIU/1-�Gldld 4V""V 1It i1�Gl ✓fCl �C�!�r Dollars and ";.i 'tI Cents $ Total Price (Figures) To Be Used As The Basis of Bid Selection PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3D *. 12 Each Install Electrical Pull Box 4xu° ,�i-k-4 ,),-.ee +m46und Dollars and 7LA4 Cents Per Each $ 2-16.01 $32.q-0.00 * Deletable item at the discretion of the City of Newport Beach. September 11, 2001 Date Phone: (714) 826 -5310 Fa:; : (714) 826 -3742 Bidder's Telephone and Fax Numbers 290768 C10 Bidder's License No(s). and Classification(s) Baxter- Griffin Co., Inc. idder Bidd is Aufhorize'd Signature and Title Mark Dillard, Secretary, Treasurer 8210 Monroe. Stanton, CA. 90680 Bidder's Address 0 0 PUBLIC WORKS DEPARTMENT 1 1 1 1 1 1 2 2 2 2 2 FA 3 3 3 3 4 4 4 4 4 4 INDEX FOR SPECIAL PROVISIONS BONITA CREEK PARK SPORTS LIGHTING REPLACEMENT CONTRACT NO. 3439 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 1 1 1 1 1 1 2 2 2 2 2 FA 3 3 3 3 4 4 4 4 4 4 a 0 0 7 -10.3 Street Closures, Detours, Barricades 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -10.5 "No Parking" Signs 7 -10.6 Street Sweeping Signs 7 -10.7 Notice to Residents 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 2 - -- CONSTRUCTION MATERIALS SECTION 209 ELECTRICAL COMPONENTS 209 -2 MATERIALS 209 -2.4 Sports Lighting Fixtures 209 -2.5 Pull Boxes 4 5 5 5 5 5 5 6 6 6 6 6 7 7 7 7 • SP 1 OF 7 CITY OF NEWPORT BEACH I` L'o. 58980 PUBLIC WORKS DEPARTMENT rm. /lie /nom a SPECIAL PROVISIONS CONTRACT NO. 3439 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) Drawing No. E- 5058 -L; (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. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of mobilization, traffic control, removal and disposal of existing baseball field lighting fixtures, install and connect new sports lighting fixtures, install electrical pull boxes, lighting fixtures calibration, repair of damage caused by the work, and other incidental work items as required to complete the work in place." SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 ' SP2OF7 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. Additionally, the new fixtures shall be tested for alignment and glare spill during hours of darkness to the satisfaction of the Engineer. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section, "The time for completion of construction work as specified in Section 6 -7, construction work shall not commence at the job site prior to December 3, 2001. All work must be completed no later than January 15, 2002." The Contractor shall furnish City with certificates of insurance with original endorsements effecting coverage required by this contract (Section G) to the City for processing and approval prior to City permitting any work on site to commence. ti � h • • SP30F7 No work shall begin until a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Such Schedule may be bar chart or CPM style and it shall have included construction work at one ballfield at one time. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be required to exert extra effort to meet his original schedule. Such extra effort of work shall not be construed as the basis for payment of extra work because additional personnel and /or equipment were required on the job. Additionally, the Contractor shall notify the Engineer at least five (5) working days prior to his need to access the ballfield so that the City may coordinate to have the existing Park irrigation system temporarily turned off to dry the ballfield turf and soil in advance of the work." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section, "The Contractor shall complete all work under the Contract within twenty (20) consecutive working days and no later than January 15, 2002. The processing of contract, bonds and insurance documents shall commence upon City Council award and be approved within two weeks afterward. It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. 6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24th, December 25th (Christmas), and December 29th. If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 A.M. to 3:30 P.M. weekdays. Work for the purpose of lighting fixture alignment and glare spill calibration may be performed until 8:00 P.M. on weeknights. Should the Contractor elect to work outside normal working hours for installation work, he must first obtain special permission from the Engineer. The request may be for 3:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. No work is to be performed on Sunday. 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 } , SP4OF7 shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $50.00 per hour when such time periods are approved. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section, "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -101.1 Traffic and Access. Add to this section, "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials shall not be stored in streets, roads, or sidewalk areas. However, the Contractor may store equipment and materials within certain portions of the Park's parking areas with prior Engineer approval. The Contractor shall restore any damaged area to its preconstruction condition." 7 -10.3 Street Closures, Detours and Barricades. Add to this section "The Contractor shall submit to the Engineer, at least five working days prior to the pre - construction meeting, a closure plan indicating how the ballfields will be closed to the public and how the work will be performed. Where applicable, such Plan shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 1996 Edition and must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all Park visitors and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. Access into and out -of the Park parking lot shall be maintained at all times. 4. Traffic circulation within the Park parking lot shall be maintained at all times. 5. The ballfields shall be open for public use during non -work hours. SP5O1`7 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section, "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during the performance of the work. The Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs along the street curb or at select parking spaces within the Park, at least forty -eight 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 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver City provided door - hanger construction notices to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. Forty -eight hours before the start of any construction, the Contractor shall distribute to the adjacent residents a written notice stating when construction operations will start and what disruptions may occur and approximately when construction will be complete. The Contractor shall insert the applicable dates and times when the notices are distributed. The written notices will be prepared by the Engineer. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" or an Electrical Contractor "C -10" License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 1 • • SP6OF7 7 -16 CONTRACTOR'S RECORDS. A stamped set of the approved specifications shall be on the job site at all times. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read, 'The unit and lump sum prices bid for each item of work shown on the proposed shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1: Mobilization and Ballfield Closure: Work under this item shall include all preparation and scheduling of materials and equipment, traffic control, preparation of traffic control and closure plans, posting and prompt removal of "NO PARKING -TOW AWAY" signs within the Park parking lot and along the surrounding streets, barricades, flag persons, and all other work necessary to comply with the W.A.T.C.H., and the City of Newport Beach requirements. Item No. 2: Baseball Field Sports Lighting: Work under this item shall include the cost of all material, labor, and equipment for 1) removal and disposal of the existing lighting fixtures; 2) furnishing, installation, placement, connection, finishing, and testing of: mounting brackets, devices, and hardware, complete light fixtures and assemblies, ballast cabinets, conduits, connectors, switches, and ells; 3) torque all foundation bolts at the base of each existing baseball field light poles; 4) plug and galvanize paint pole openings at existing cross -arms; 5) night time operational and glare spill testing, 6) repair all existing park improvements damaged by the work to their respective pre - construction condition, and (7) certification of the installed fixtures by the manufacturer. Item No. 3: Install Electrical Pull Box: Work under this item shall include the cost of all material, labor, and equipment to intercept the existing wiring and install one electrical pull box at each existing light pole per CNB STD - 205 -L, inclusive of all of the required components shown on said standard plan, as directed by the Engineer. z t SP7OF7 PART 2 CONSTRUCTION MATERIALS SECTION 209 - -- ELECTRICAL COMPONENTS 209 -2 MATERIALS 209 -2.4 Sports Lighting Fixtures. Sports lighting fixtures shall be Musco SC -2 TLC Glare Control 1500 watt metal halide luminaire assemblies complete with lamps, wiring, and pre- aiming. No substitute will be accepted. 209 -2.5 Pull Boxes. All electrical pull boxes shall be Eisel Enterprise size 5F. No substitute will be accepted. Ar. 8AKER ST. U y�POQ� Q �+ J ADAMS AYE m COAST z CITYOF COLLEGE Bqi G� J` \ CITY O ORANGE CO. ,p / F- COSTA FAIRGROUNDS 'o� �j Pie OF z MESA o �iFSq oPO \ IRVINE z a FC �i 9p i �isr4' 4 Q _ > 99 \ y0 m DR. ��' li VICTORIA ¢ ST. P y o ? P Ty o UPPER NEWPORT U w P �, BAY / 19TH v ST. ' Ir P, P sr E O T \ fie' S o m SAN RD. o sT QO \ \ \ H T EN GAL y� \" CENTQt y REESSE y R. DRD. $ eAIDDA -- p �qw, 'Y PROXCT \ \� wcffiva MAP LOCA77LW NOT TO SCALE \ W1 a � N 56980 Date: Exp. 6 -30 -05 `r?q? CIVIL CITY OF NEWPORT" BEACH P= W= I?M 90NITA CREEK PARK SPORTS LIGHTING REPLACEMENT C -3439 I REVIEWED PUBLIC WORKS DIRECTOR R.C.E. NO. 36106 DESIGNED FT DATE August 2001 DRAWN FT E-- 5058 —L October 9, 2001 CITY COUNCIL AGENDA ITEM.-NO. 5 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BONITA CREEK PARK SPORTS LIGHTING REPLAAPENT - AWARD OF CONTRACT NO. 3439 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3439 to Baxter - Griffin Company, Inc., for the Total Bid Price of $74,512, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $7,400.00 to cover the cost of unforeseen work. DISCUSSION: At 11:00 A.M. on September 20, 2001, the City Clerk opened and read the following base bids for this project: 3�F9 � : 1 I � 7� 1 � � i [�1 � J ► y $71,272 $76.550 $82,734 $92,924 $108,984 * Corrected Base Bid Amount is $106,584 The low total bid amount of $74,512, inclusive of the $3,240 optional light pole pull box installation work, and is twelve percent below the Engineer's Estimate of $85,000. The low bidder, Baxter - Griffin Company, possesses an Electrical Contractor's "C -10" License as required by the project specifications. Baxter - Griffin has satisfactorily completed other electrical work for the City. This project provides for the replacement of fifty -six sports - lighting fixtures atop twelve existing light poles for the two softball fields at Bonita Creek Park. One "at grade' electrical pull box will also be installed at close proximity to each existing light pole as part of this project. The remaining existing light fixtures for the football field will be replaced in a future project. BIDDER Low Baxter - Griffin Company 2 Power Distributors, Inc. 3 Skip's Electric, Inc. 4 R &M Electrical 5 Green Giant Landscape, Inc. 3�F9 � : 1 I � 7� 1 � � i [�1 � J ► y $71,272 $76.550 $82,734 $92,924 $108,984 * Corrected Base Bid Amount is $106,584 The low total bid amount of $74,512, inclusive of the $3,240 optional light pole pull box installation work, and is twelve percent below the Engineer's Estimate of $85,000. The low bidder, Baxter - Griffin Company, possesses an Electrical Contractor's "C -10" License as required by the project specifications. Baxter - Griffin has satisfactorily completed other electrical work for the City. This project provides for the replacement of fifty -six sports - lighting fixtures atop twelve existing light poles for the two softball fields at Bonita Creek Park. One "at grade' electrical pull box will also be installed at close proximity to each existing light pole as part of this project. The remaining existing light fixtures for the football field will be replaced in a future project. Subject: Bonita Creek Park IRS Lighting Replacement — Award of Contract"Po. 3439 October 9, 2001 Page: 2 The new cut -off lighting fixtures are of the same type installed at Grant Howard Park and Lincoln School. They are more energy efficient than the existing units and will provide at least the same level of lighting with reduced glare outside of the ballfields. Baxter- Griffin is required to complete all construction work within 20 consecutive working days after materials delivery, but no later than January 15, 2002. The required nighttime testing and calibration work are to be performed within the allotted contract time. There are sufficient funds available in the following account for the work: Account Description Account Number Amount Lighting and Park Renovations, Bonita Creek 7015- C4120431 $81,912.00 Respectfully-submitted, PUBLIC WORKS DEPARTMENT G Stephen G. Badum, Director L By: 491, Fong se, P.E. Project Manager Attachment: Project Location Map Bid Summary i COMMUNITY SERVICES DEPARTM LaDonna Kienitz, Director r� W 4 Ix A �� ® Q' o o BONITA LOCATION MAP CREEK NOT TO SCALE S \�y ! PARK 9 ® -- PROJECT LOCATION D N sl y m CASpLPA T A Off` �O � � V 4PSS`P � �(lfR9 4 1 l` G� C FRCS tiP Cy TiyVT O'YIl CORSICA R BONITA CREEK PARK SPORTS LIGHTING C -3439 xz H W M W WO A z O U ?� H H 14 H W U 0 a O 2 U d O Q O U ui 'L °1? U U z o 0 o w H ry N E F O <v C a � W Q N H ,1} W ^G v� a W v w a o w E Y m m H a J N U U W F o z a E U W W Ll I�J N U 0 U m a a 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 13, 2001 Power Distributors, Inc. 15245 E. Proctor City of Industry, CA 91745 Gentlemen: Thank you for your courtesy in submitting a bid for the Bonita Creek Park Sports Lighting Replacement (Contract No. 3439) 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 November 13, 2001 Green Giant Landscape, Inc. 941 -A Macy Street La Habra, CA 90631 -3400 Gentlemen: Thank you for your courtesy in submitting a bid for the Bonita Creek Park Sports Lighting Replacement (Contract No. 3439) 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, Me,&27 n M, //e /2 LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 9 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 13, 2001 R & M Electrical 21321 Bishop Mission Viejo, CA 92692 Gentlemen: Thank you for your courtesy in submitting a bid for the Bonita Creek Park Sports Lighting Replacement (Contract No. 3439) 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 November 13, 2001 Skip's Electric, Inc. 2610 W. Orangethorpe Avenue Fullerton, CA 92833 -4210 Gentlemen: Thank you for your courtesy in submitting a bid for the Bonita Creek Park Sports Lighting Replacement (Contract No. 3439) 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, O�UB> c 9 Wad&, LaVonne M. Harkless, CMCIAAE City Clerk 3300 Newport Boulevard, Newport Beach