HomeMy WebLinkAboutC-2281 - Parkway Tree Trimming, Balboa Peninsula & Clay StreetCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
DATE: November 2, 1981
TO: FINANCE DIRECTOR
PARKS, BEACHES & RECREATION
FROM: City Clerk
SUBJECT: Contract No. 2281
Description of Contract Parkwav Tree Trimming
Effective date of Contract October 30, 1981
Authorized by Resolution No. 11045 adopted on 9/14/81
Contract with Allied Tree Company
Address 12015 E. Slauson
. Santa Fe Springs, CA 90670
Amount of Contract $30,889.20
Wanda E. Andersen
City Clerk
WEA: I
City Hall, • .3300 Newport Boulevard, Newport Beach, Califomia 92663
hr
To The Honorable City
City of Newport Beach
3300 Newport Blvd.
PROPOSAL
Contractual Tree Maintenance
CONTRACT NO. 2281
Council
Newport Beach, CA 92663
Gentlemen:
The undersigned declares that he has carefully examined the location of
the work, has read the instructions to bidders, has examined the Plans and
Special Provisions, and hereby proposes to furnish all materials and do
all the work required to complete Contract No. 2281 in accordance with
the Plans and Special Provisions and will take ul payment therefore, the
following unit prices for the work, complete in place, to wit;
Item No. Quantity Item Description; unit Unit Total
and unit price written in words Price Price
580 Trimming and disposal of
trimmings, and other
vegetation from 580 Ficus
nitida, for the lump sum
price of: Twenty -five thousand
Eight hundred Thirty ThreeDollars
and
Twenty Cents $ 44.54 $25,833.20
128 Trimming and disposal of
trimmings, and other
vegetation from 128 various
broadleaf trees, for the
lump sum price of:
Five thousand fifty six Dollars
and
No Cents $ 39.50 $ 5,056.00
Total Price Written in Ilords:
Thirty thousand eight hundred eighty nine Dollars
and
Twenty Cents $30,889.20
&� 7j; G
Contr- actor's License No. & C assification
August 25 1981
Da to
's,�7 ss
AA�i�U y
Bidder
1 Ltti-
Au oriz Signature #2
A u
— 4 � lv�lv'T7S5�
bidder's Teleohone No.
CITY OF NEWPORT BEACH
PARKS, BEACHES, AND RECREATION DEPARTMENT
SPECIAL PROVISIONS
FOR
TRIMMING OF CITY PARKWAY TREES
CONTRACT NO. 2281
1. Scope of Work
The scope of work covered by this contract consists of furnishing all labor,
equipment, materials, and supervision to perform trimming of City parkway
trees as described herein, including but not limited to, the following:
a. tree trimming
b. clean up
c. walk, fence, and wall repair or replacement
d. provide contact with the public
2. Working Hours
Normal working hours shall be between 7 A.M. and 4:30 P.M., Monday through
Friday.
3. Location of Work
a. Newport Heights on Clay Street between Westminster Avenue and St. Andrews
Road.
b. Balboa Peninsula from 10th Street to and including Channel Road.
4. Tree Locations Including Specie
a. Newport Heights:
On Clay Street between Westminster Avenue and St. Andrews Road
(77) Ficus nitida
b. Balboa Peninsula:
Balboa:
10th
Street ..........
Three
(3) Ficus nitida
8th
Street ...........
One (1)
Ficus nitida
7th
Street ...........
Nine
(9) Schinus terebinthifolia
6th
Street ...........
One (1)
Ficus nitida
Eight
(8) Melaleuca leucadendron
West Bay Avenue between 7th Street and Island Avenue:
Five (5) Eucalyptus
One (1) Pine... ......613 West Bay Avenue
Nine (9) Ficus nitida
0
Lindo:
One (1) Schinus terebinthifolia .......... 312 Lindo
Two (2) Eucalyptus .......................Lindo at Edgewater
Island Avenue:
Two (2) Pyrus kawakamii ..................308 Island Avenue
Four (4) Magnolia grandiflora ............ 311 Island Avenue
One (1) Ficus nitida .....................312 Island Avenue
Alvarado Place:
Four (4) Ficus nitida
Anade:
One (1) Eucalyptus .......................318 Anade
Two (2) Ficus microphylla ................321 Anade
One (1) Ficus nitida .....................319 Anade
Montero:
Two (2) Schinus terebinthifolia .......... 305 Montero
One (1) Schinus terebinthifolia .......... 330 Montero
One (1) Melaleuca leucadendron
One (1) Melaleuca leucadendron ........... 120 E. Bay on Montero
Sixteen (16) Ficus nitida
East Bay Avenue between Island and Fernando Street:
One (1) Eucalyptus .......................118 East Bay
One (1) Eucalyptus .......................212 East Bay
Two (2) Ficus rubiginosa .................302 East Bay
Two (2) Ficus microphylla ................304 East Bay
One (1) Eucalyptus .......................308 East Bay
One (1) Eucalyptus .......................303 East Bay
One (1) Eucalyptus .......................301 East Bay
Nineteen (19) Ficus nitida
Main Street, Balboa:
Thirty -Three (33) Ficus nitida
Balboa Blvd. between Palm Avenue and A Street:
Fourteen (14) Eucalyptus citriodora
Balboa Blvd. from A Street to Channel Road:
One
Hundred Four (104) Ficus nitida
Two
(2)
Eucalyptus
Four
(4)
Schinus terebinthifolia .........
1321
Balboa
Blvd.
Three
(3)
Schinus terebinthifolia ........
1359
Balboa
Blvd.
One
(1)
Ulmus parvifolia .................J
Street and
Balboa Blvd.
Two
(2)
Cupania anacardioides ............
2124
Balboa
Blvd.
One
(1)
Cupania anacardioides ............
2136
Balboa
Blvd.
M- Street:
Five (5) Ficus nitida
One (1) Eucalyptus
Four (4) Schinus terebinthifolia
Granada:
Seven (7) Ficus nitida
L Street:
Twenty -two (22) Ficus nitida
One (1) Ceratonia siliqua
Three (3) Maqnolia grandiflora
Two (2) Ulmus parvifolia
One (1) Pine
Ocean Blvd.:
One
Hundred
Twenty One (121) Ficus nitida
Two
(2)
Schinus terebinthifolia ...............1512
Ocean Blvd.
One
(1)
Eucalyptus . ...........................1515
Ocean Blvd.
Four (4)
Eucalyptus ...........................1751
Ocean Blvd.
One
(1)
Eucalyptus . ...........................1755
Ocean Blvd.
Two
(2)
Schinus terebinthifolia ...............2040
Ocean Blvd.
One
(1)
P,yrus kawakamii .......................2104
Ocean Blvd.
One
(1)
Ulmus parvifolia ......................2110
Ocean Blvd.
Channel
Road:
Nineteen
(19) Ficus nitida
One
(1)
Cupania anacardioides .................2250
Channel Road
One
(1)
Cupania anacardioides .................2238
Channel Road
Two
(2)
Cupania anacardioides .................2230
Channel Road
Miramar:
Ninety -Four
(94) Ficus nitida
Two
(2)
Schinus terebinthifolia ...............1706
Miramar
Two
(2)
Magnolia grandiflora ..................2001
Miramar
Two
(2)
Magnolia grandiflora ..................2112
Miramar
G Street:
One
(1)
Ficus nitida
Seville:
Twelve
(12) Ficus nitida
One
(1)
Schinus terebinthifolia ...............
2149
Seville
Two
(2)
Magnolia grandiflora ..................2132
Seville
Two
(2)
Magnolia grandiflora ..................2113
Seville
Two
(2)
Magnolia grandiflora ..................2109
Seville
One
(1)
Grevillea robusta .....................2101
Seville
Three
(3)
Schinus terebinthilfolia ............
402 Seville
One
(1)
Schinus terebinthifolia ...............425
Seville
Two
(2)
Ulmus parvifolia ......................420
Seville
M- Street:
Five (5) Ficus nitida
One (1) Eucalyptus
Four (4) Schinus terebinthifolia
Granada:
Seven (7) Ficus nitida
L Street:
Twenty -two (22) Ficus nitida
One (1) Ceratonia siliqua
Three (3) Maqnolia grandiflora
Two (2) Ulmus parvifolia
One (1) Pine
Plaza del Norte:
Six (6) Ficus nitida
Two (2) Magnolia grandiflora
Plaza del Sur:
Ten (10) Ficus nitida
Two (2) Schinus terebinthifolia
I Street:
Fourteen (14 Ficus nitida
Two (2) Ulmus parvifolia
Ficus nitida.. ............580
Schinus terebinthifolia............ 37
Magnolia grandiflora ............... 19
Melaleuca leucadendron ............. 10
Eucalyptus ......................... 36
Grevillea robusta .................. I
Pine.. ..................... 2
Ceratonia silioua .................. 1
Ulmus parvifolia ................... 8
Pyrus kawakamii .................... 3
C,upania anacardioides .............. 7
Ficus microphylla .................. 4
No palm trees are to he trimmed. Trees
in L Street and M Street Parks are not
to be trimmed.
5. Specifications
a. General Information
b. Work
For information and inspections as required, call the Parks
Department at (714) 640 -2271.
Complete tree trimming. Trimming patterns will be provided.
6. Specifications for Work
a. Work to be done will consist of drop crotching, thinning, raising and
shaping. Trimming of trees should provide adequate clearance for any
building, street sign, or light standard. Daily disposal of resulting
debris shall be the responsibility of the contractor. All work will be
performed in a workmanlike manner, in compliance with recognized tree
surgery methods. Treatment of pruning cuts shall require that new cuts,
ten inches (10 ") in diameter or larger, be covered with an approved tree
wound dressing. All existing safety standards shall be observed.
b. All trees on which vines are growing shall have said vines removed. Vine
tendrils shall be removed in a manner which will not injure or cause
scarring of branches and tree trunks.
c. The use of climbing spurs or spiked shoes shall not be permitted.
7. Conduct of Operation
a. It shall be the responsibility of the contractor to become aware of,
and comply with, all ordinances and policies concerned with and relating
to the herein mentioned or listed work.
b. Work shall be scheduled and conducted in a cooperative manner in order
to give the least possible interference with or annoyance to others.
Chippers shall not be used before 8 A.M. each day.
c. Adequate warning devices, barricades, guards, flagmen, or other necessary
precautions shall be taken by the contractor to give advised and reasonable
protection, safety, and warnings to persons and vehicular traffic con-
cerned in the area.
d. Complaints resulting from the contractor's operation will be referred to
the contractor for his prompt handling and satisfactory resolution. All
cost involved in adjusting such complaints will be at the contractor's
expense, whether said complaints originate from governmental agencies,
private property owners, or others.
e. All work shall be done by qualified and trained persons. Incompetence
will not be accepted as an excuse for poor workmanship.
f. Daily cleaning up: the street, parkway, sidewalk, and yard areas of all
property shall be left free of debris at the close of each day's operation.
a. Inclement weather: work in trees shall be suspended during periods of
inclement weather, as determined by the Park Superintendent.
h. Any adjacent shrubs, trees or other growth receiving or sustaining
breakage, injury or other damage shall be given remedial or corrective
treatment and clean up.
i. All work shall be completed to the satisfaction and under the supervision
of the Park Superintendent or his duly authorized representatives.
8. Time for Commencing and Competing Job
a. The project will begin within 21 days from the formal notice
by the Park Department to proceed.
b. All work will be completed to the satisfaction of the City within
_ _90 calendar days.
9. Variation in Quantity
The City reserves the right to increase or decrease the quantity of trees to
be trimmed under such contract by as much as 50 percent.
10. Inspection
When the work is completed and ready for final inspection, the contractor shall
so notify the Park Superintendent. As soon as possible thereafter, the Park
Superintendent or his duly appointed representative will make the necessary
inspection and if he finds that the work has been properly performed and
completed in accordance with all terms of the specifications and contract,
he will accept it and notify the Finance Department to process payment.
11., Payment by City
a. The City has reserved the right to make increases or decreases in the
quantity of items of work to be performed or furnished under such
contract. In the event any such increase or decrease in the quantity
of work to be performed or furnished is so ordered, the amount to be
paid the contractor under his contract shall be correspondingly in-
creased or decreased, as the case.may be, in proportion to the in-
creased or decreased quantities or work.
b. The City shall make payment only for the actual number of trees trimmed
and then only after proper inspection has been made and authorization
for payment has been approved.
12. Suspension and /or Cancellation of Contract
a. By reason of Contractor's default:
If the Contractor should be adjudged bankrupt, or if he should make a
general assignment for the benefit of his creditors, or if a receiver
should be appointed on account of insolvency, then in any such case the
City of Newport Beach shall have the power to suspend or cancel the
contract.
Should the Contractor fail to begin work within the time required in
such manner as to insure a full compliance with the contract within
the time limit, or if the work to be done under the contract be abandoned
by the Contractor, or if at any time the City is of the opinion that the
said work is unnecessarily or unreasonably delayed, or that said Contractor
is willfully violating any of the terms of the contract, or is not
executing the contract in good faith or is not following the instructions
of the City as to additional force necessary in the opinion of the City
for its completion within the required time, or if at any time the Con-
tractor is not properly carrying out the provisions of his contract in
their true intent and meaning, then in any such case notice thereof in
writing will be served upon him, and should he neglect or refuse to provide
means for a satisfactory compliance with the contract and with the direction
of the City within the time specified in such notices, the City shall have
the power to suspend the operations of the contract in whole or in part.
Upon receiving notice of such suspension, said Contractor shall discontinue
said work, or such parts of it as the City may designate. Upon such sus-
pension, the City may employ other parties to carry on the contract to
completion, employ the necessary workmen, substitute other machinery or
materials, purchase the materials contracted for in such manner as the City
may deem proper, or hire such force, and buy such machinery, tools, ap-
pliances, materials, and supplies at the Contractor's expense, as may be
necessary for the proper conduct of the work and for the completion thereof.
Any excess of costs arising therefrom over and above the contract price
will be charged against the Contractor and his Sureties, who shall be
liable therefor.
In the event of such suspension, all monies due the Contractor or retained
under the terms of the contractor shall be forfeited to the City; but such
forfeiture will not release the Contractor or his Sureties from liability
for failure to fulfill the contract.
The City reserves the right and option to annul and cancel the contract
and to re -let the work or any part thereof, and said Contractor shall not
be entitled to any claim for damages on account of such annulment, nor
shall such annulment affect the right of the City to recover damages
which may arise from such failure on the part of said Contractor to ful-
fill the terms of the contract. And in case of such annulment, all monies
due said Contractor, or retained under the terms of the contract, shall
be forfeited to the City; but such forfeiture shall not become liable
for to the City on account of the default of said Contractor.
In determination of the question whether there has been such non - compliance
with the contract as to warrant the suspension or annulment thereof, the
decision of the Director of the Maintenance Department or his representa-
tive will be binding on both parties.
By reason of acts beyond the control of the City, the contract entered
into under these specifications may he terminated by the City without
liability for damages, whenever the City is prevented by operation of
law, and act of rod, or by the official action of any public, Federal,
State, or Municipal authorities from completing the work contemplated
hereunder.
It is further agreed that in the event the City should require any or all
work to be suspended or canceled,.such suspension or cancellation shall
be made without liability to the City.
b. Notice of suspension or cancellation for any reason be given in writing
and shall be complete one day after deposit in the United States Mail in
the County of Orange, in a sealed envelope with postage prepaid and
directed to the Contractor at his address as filed with the City, or
upon personal delivery to any person whose actual knowledge of such
suspension or cancellation would be sufficient notice to the Contractor.
This notice shall be given ten (10) days ahead of cancellation. Actual
knowledge of such suspension or cancellation by an individual Contractor
or by a co- partner, if the Contractor be a partnership, or by the president,
vice - president, secretary, or general manager, if the Contractor be a
corporation, or by the managing agent regularly in charoeof the work on
behalf of said Contractor, shall in any case be sufficient notice.
FAITHFUL PERFORMANCE BOND::
i
KNOW ALL MEN BY THESE 'PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach., State of California, by
motion adopted July. 27, 1981
has awarded to GUS FRANKLIN DBA ALLIED TREE COMPANY
is hereinafter designated as the . "Principal ", a contract for e
TRIMMING OF CITY PARKWAY .TREES, CONTRACT NO. 2281
in the City of Newport Beach,.iq strict conformity with the Drawings and Specifications
and other contract documents on file in the office of the City Clerk of the City of
Newport Beach;
WHEREAS., said Principal has executed or is about to execute said contract and the
terms thereof require the furnishing of a. bond for .the faithful performance of said
contract;
NOW, THEREFORE,.We,_. GUS FRANKLIN DBA ALLIED TREE COMPANY
as Principal, and SURETY INSURANCE COMPANY OFCALIFORNIA
as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of
FORTY THOUSAND AND N01100 ----- - - - - -- — — ^^ Dollars ($40,000,00
said sum being equal to 100% of the estimated amount of the contract, to be paid to
the said City or.its. certain 'attorney, 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 presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal,
his or its heirs, executors, administrators, successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants, con-
ditions, and agreements.in the said contract and any alteration thereof made as therein
provided on his or .their part, to be kept and performed at the time and in the manner
therein specified, and in all;:respects according to their true intent and meaning, and
shall indemnify and save harmless the City of Newport Beach, its officers and agents,
as therein stipulated; then this obligation shall become null and void; otherwise it
shall remain in full force and virtue.
Page 12
<: Bond (Continued).
change, eitjjOW time, alterations or additions to the
terms of the
of any such
contract or to the work f_.;# a specifications.
In the event agyincipal above named executed this bond as
an individual,
the Surety from
.that
it is agreed that.the diiW any such principal shall.not exonerate
its obligations under thi_
II
IN WITNESS WHEREOF, this instrument has been doul - x�ecuted by the Principal 1 nd
Surety above named, on the loth day of
GUS FRANKLIN DBA ALLIED TREE
COMPANY (Seal')
Name of Contractor Principal
Authoriz S gn re n Titl
Ls
thorized Signature and Tit
e
SURETY INSURANCE COMPANY OF
Name of Surety.
_— •,ter , : -�.
a
2250 W..Wh ttier Blvd,
---- :�':
Tess Surety
Si re and i e of tit
Madelaine Gentry Attorneys
ved as to orm•
-APP f
,.
Address of Agent
ity ony
Telephone No. of Agent
ILe
11-D
........ .
.
r
0
0
1
O
N
O
O
n
rt
O
K
n
0
M
�a
zz
o
0
21 �y�+
O r-r
z
�' a
s. /w•
rz
N art r
o z
C F n t
tr
m �n(n
ry co�mr�Nn
,�+. •�• ^.0 .0 iP.
R tr -'
��
y .`•m
`C7 w y =
G m n ` J•'
N
^.o o na
a» g
a°' rb co
o 0 `t r i
Z�
a�90
wow.'wf:
c a M'
CL >
��
f9oA =moo:
et
it
o�n•c
i
c•y
" CL
O
O
n
rt
O
K
n
0
M
�a
zz
o
0
21 �y�+
O r-r
z
�' a
. Surety 3niurance Company of Ca(ilornia
-n» Dalan and Senoe SunOf"
Box 2430
La Habra, California 90631
HOME OFFICE IN LA HABRA, CALIFORNIA
CERTIFIED COPY OF POWER OF ATTORNEY
NO------- 150.......... ...........
Jlnow all tnen 6,y tAese Presents: That Surety Insurance Company of California, a California Corporation, hav-
ing its principal Office in the City of La Habra, County of Orange, State of California. pursuant to the following By -Laws
which were adopted by the Directors of the said Company- on the 9th day of April, 190 "9 and are now in effect, Co -wit:
"Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys -In -Fact, and authorize
them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writ-
ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the
authority given to them."
Has made, constituted and appointed and by these presents does make, constitute and appoint
....................Madelaine. Gentrx........................... ...........of...La...Habra...._ California ........... ........................... ......
its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as
its act and deed, all of the following classes of documents, to wit:
Indemnity, Surety and Undertakings that may be desired by contract, or may be
given in any action or proceeding in any court of law or equity; policies indemnifying
employers against loss or damage caused by the misconduct of their employees, official
surety and fidelity bonds.
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly
elected officers of the Company at its office in La Habra, California in their own proper persons.
GrNREOFC REOF. Surety Insurance Company of California has caused these presents to be signed by its duly
p��l' s corporate seal to be hereunto affixed this _...4k i ..............day- of,_...D.C.C.2ill):).C.r... _..., 19.8. Q....
�f SURETY INSURANCE CO.IIPANY OF CALIFORNIA
ORATED °;. . _ o By .- .......- -- - -- --•----�`--""% �.4—Z- ---- ----
1, 1969 ' . Merril)
y • President
A RN SS:
ay of.........Dar—e bar ................A.D. 19...8.0...., before the subscriber, a Notary Public of the State of
California, in and for the County of Orange, duly commissioned and qualified, came John. F. Merrill, President of SURETY
L\SURANCE COMPANY OF CALIFORNIA, to me personally known to be. the individual and officer described in, and
who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn,
deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru-
ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly- affixed
and subscribed to the said instrument by the authority and direction of the said Corporation. and that Article It', Section
7(b) of the By -Laws of said Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the
day and year first above written.
I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that
the Power of Attorney remains in full force and effect, and has not been revoked: and furthermore that Article IV. Section
7(b) By -Laws of said company as set forth. in said Power of Attorrey, are nov. in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company
this .... 16t.1ay of ......... October ......................... 19....81....
(SEAL) ... ... ................... I .......
.....
y' Secretary
560 -05 -04 `Rev. 12 -80)
,^�
OFFICIAL SEAL
LINDA DAIS I
Linda R.
. .. .................
Davis
Notary Public
�NOTARY
" / �7
�-:
t c OR?A
ORANGE COUNTY
my comm. expires SEP 25,, 1984
CERTIFICATION
_y N�-
I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that
the Power of Attorney remains in full force and effect, and has not been revoked: and furthermore that Article IV. Section
7(b) By -Laws of said company as set forth. in said Power of Attorrey, are nov. in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company
this .... 16t.1ay of ......... October ......................... 19....81....
(SEAL) ... ... ................... I .......
.....
y' Secretary
560 -05 -04 `Rev. 12 -80)
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the.City Council of the City "Y rt Beach,.State of California, by
motion adopted j,:1v'27_ tggl
has awarded to Gus :FRArn in DaA ALLIED TREE cowAxY
hereinafter designated as the "Principal", a contract for
TRIMMING OF CITY PARKWAY TREES. CONTRACT NO, 2281
in the City of Newport Beach, in strict conformity with the Drawings and Specifications
and other contract documents on file in the office of the City Clerk of the City of
Newport Beach;
WHEREAS, said .Principal has executed or is about to execute said contract and.the
terms thereof require the furnishing of a bond with said contract, providing that if
said Principal or any of his or its subcontractors, shall fail to pay for any materials,
provisions, provender, or other supplies or.teams used in, upon, for, or about the per-
formance of the work agreed to be done, or for any work or tabor done thereon of any
kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We GTIS FRANKLIN AEA ALLIED rAEE COWANY
as Principal, and sunTY INSURANCE COWANY_OF -CATS
-- ------- - - - - -- ----- - - - - --
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
FORTY THOUSAND AND N01100� Dollars ($ 40.000.00-�
said.sum being one -half of the estimated amount payable by the City of Newport Beach
under the- terms.of the contract, for whi:ch.payment well and truly to be made we bind
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS :OBLIGATION IS SUCH, that if the above bounden Principal'or
his subcontractors, fail to pay for any materials, provisions, provender, or other
supplies or teams, 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, that the
Surety or Sureties will pay for the same, in an amount not exceeding the sum specified
in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's
fee, to be fixed by the Court as required by the Provisions of Section 4204 of the
Government Code of the State of California.
This 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
d
ti:� <_�'
.�,R .wa.z - h- m!=K., .... aee��m ?`d�i1Cd�:'�e�:��a'"SBiu�.... ,.
Page 10
Payment Bond (Continued).
this bond, as required by the Provisions of Section 4205 of the Government Code of
the State of California.
And said 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 Principal and
Surety above named, on the IGcS day of nc*QhPx 19_81_.
Approved as to form:
ty ttorney
GUS P Seal)
Name of Contractor Principal n ,
&LmWTY �xs► NCF CQMP {NY- - -aUMN14Seal )
Name of Surety -�._
_--
ddress
igna re and Tim o 4
Madelatne Gent Qttarai�.(
Gentry, Y'i�-l'�ct....._...
're ss -oP ig ent
X213} 644.8321
e ephone No. of Agent.
jW
\�
/o
0(
\\
d
$
0
|�)m`.
/$\ d/
.0.2 -0
!\ ? &« (
: a � � •-
}/j ��\
. ƒ')I=
\
O��
.moo %a]
�.� ;•E
Cl
!!�]]_�
2 )( Ĥ}
��32m
;Jve9po
\ m he
/] –BED§
eek$
in
>A
wa
�y\ 4
\/
]y
±£ \q§§
;zm#q,
E <zt::
V)
cli
\
Surely Ajurance Company o f California
"the DcOcm; and Ss SuraN-
HOhIE OFFICE IN LA HABRA, CALIFORNIA
Box 2430
La Habra, California 90631
CERTIFIED COPY OF POWER OF ATTORNEY
- -----3150 ..................
✓Lnow all rnen Ly these Presents: That Surety Insurance Company of California, a California Corporation, hav-
ing its principal Office in the City of La Habra, County of Orange, State of California. pursuant to the following By -Laws
which were adopted by the Directors of the said Company on the 9th day of April, 7969 and are now in effect, to -wit:
"Article IV, Section 7(b), The President shall have power and authority to appoint Attorneys -In -Fact, and authorize
them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writ.
ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the
authority given to them."
Has made, constituted and appointed and by these presents does make, constitute and appoint
Madelaine GentrX of La Habra, .Cal ifornia
............................... ...... .... ................. ........
its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as
its act and deed, all of the following classes of documents, to wit:
Indemnity, Surety and Undertakings that may be desired by contract, or may be
given in any action or proceeding in any court of law or equity; policies indemnifying
employers against loss or damage caused by the misconduct of their employees, official
surety and fidelity bonds.
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly
elected officers of the Company at its office in La Habra, California in their own proper persons.
IN WTT REOF, Surety Insurance Company of California has caused these presents to be signed by its duty
auth .b���of�1AlFp�n1 s corporate seal to be hereunto affixed this __9..tb ..............day of ...... D.e.C.� he..r......... 19.8.0....
J� �f SURETY INSURANCE COi•IPANY OF CALIFORNIA
Cr0 n
INCORPORATED
y _ .
BY .. ..... ..�1.... /....LGet��
N JAN. 31, 1969 y• Jo Peraideal
S TE CA R
SS:
CO �F
On this.., ay of......... D.ec.emb.2r ................A.D. 19..RO..... before the subscriber. a Notary Public of the State of
California, in and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY
INSURANCE CONIPA \y OF CALIFORNIA, to me personally known to be. the individual and officer described in, and
who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duiv shorn,
deposed and said that he Is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru-
ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed
and subscribed to the said instrument by the authority and direction of the said Corporation. and that Article Il•, Section
7(b) of the By -Laws of said Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the
day and year first above written.
...........V..1.!........!.. : 1z..... ..1...1.:......... SI......v"•-' .................... nc pia - �iPOR ?J1A !1
_ OFFIr1 'L S
LINDA R DA'.
Linda R. Davis Notary Public o yp + RY RUot:C C'
3. ORRNGE COUNTY
- " Rty comm. expires SCP 25, 1984 i.
CERTIFICATION
I, the undersigned- certify that I am the Secretary of SURETY INSURANCE CO >fPANY OF CALIFORNIA and that
the Power of Attorney remains in full force and effect. and has not been revokedi and furthermore that Article IV, Section
7(b) By -Laws of said company as set forth, in said Power of Attorney, are now in full force and effect,
IN TESTITfOYY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company
16th October ......................... 19..81......
this..
.......... day of ............:::.............
(SEAL) .." —" "' ............... ......_........................
Secretary
560.05 -04 (Rev. Rev. 12 -80)
Page 16
CONTRACT
THIS AGREEMENT, entered into this OAay of 19 ZZ,
by and between the CITY OF NEWPORT BEACH, here nafter "City," and-
hereinafter "Contractor, "is ma— Ue witfi
reference to.the.fol owing facts:
(a) City has heretofore advertised for bids for the following
described .plu�blic work:
itt1e Oroje &c Contract No.
(b) Contractor has been determined by City to be the lowest responsi-
ble bidder on said public work, and Contractor's bid, and.the compensation set
forth in this contract, is based upon a careful examination of all plans and
specifications by Contractor,
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall furnish all materials and perform all of the work
for the construction of he following described public work:
i'�E� ��i..�,�aaa!r�Ye �
—r -Titleo�oject won ract ho.
which project is more fully described in the contract documents: Contractor
shall perform and complete this work in a good and workmanlike manner, and in
-accordance with all of the contract documents.
2. As ful -1 compensation for the performance and completion of this
work as prescribed above, City shall pay to Contractor the sum of
This compensation inc u es 1 any.loss or damage arising from the nature of t e
work; (2) any;loss or damage arising from any unforeseen difficulties or obstruc-
tions 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.
3. All of the respective rights and obl.igations:of City and Contractor
are set forth in the contract documents. The.contract documents areincorporated
.herein by reference as though set out in full and include the following:
f
=� rF
"-.,. .
Page 17
(f) Plans and Special Frovi"s.for
it a of Project Contract No. i
(g) This Contract.
I
4. Contractor shall assume the defense of, and indemnify and hold
harmless, City and its officers, employees and.representatives from all claims,
loss or damage, except such loss or damage proximiately caused by the sole
negligence of City or its officers, employees and representatives.
IN WITNESS WHEREOF, the parties hereto have caused this contract to
be executed the day and year first above written.
CITY OF NEWPORT BEACH
By
%yor
CITY
By
Its
-__:_
..
°,
:-
.,
�
i
}
i
_ �.'__
,:
Pilo �py
�
September 14, 1981
SEP 141981 CITY COUNCIL AGEN A
By the C►TY COUNCIL ITEM NO. 'ot Ch
CITY OP NAT al
TO: MAYOR AND CITY COUNCIL
FROM: Parks, Beaches and Recreation Director
SUBJECT: TREE TRIMMING
RECOMMENDATION:
Adopt a resolution awarding the contract to Allied Tree
Company for $30,889.20 and authorizing the Mayor and the
City Clerk to execute the contract.
DISCUSSION:
The following three bids were opened and read in the office of the City
Clerk at 11 A.M., August 26, 1981:
Bidder Amount Bid
Allied Tree Company $30,889.20
Tip Top Tree Service $34,900.00
West Coast Arborists $48,920.50
The low bid is 22.8 percent lower than the Department's estimate of
$40,000.
This project provides for the trimming of the parkway trees on the peninsula
starting at 10th Street and continuing to Channel Road. The trees not in-
cluded in this contract are park trees and palm trees. This contract also
provides for the trimming of the parkway trees on Clay Street from Westminster
Avenue to St. Andrews Road.
The specifications were prepared by the Parks, Beaches and Recreation Depart-
ment. The project is scheduled to be completed 90 days after the award of
the contract. �c
Ronald A. Whitley
RAW:JB:ma
0 •
RESOLUTION NO. 1'10 4,6
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AWARDING A CONTRACT
(NO. 2281) TO ALLIED TREE COMPANY IN CONNEC-
TION WITH TREE TRIMMING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT
WHEREAS, pursuant to the notice inviting bids for work
in connection with tree trimming and the plans and specifications
heretofore adopted, bids were received on the 26th day of August,
1981 at 11:00 a.m. and publicly opened and declared; and
WHEREAS, it appears that the lowest responsible bidder
therefor is ALLIED TREE COMPANY,
NOW, THERFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the bid of ALLIED TREE COMPANY in
the amount of $30,889.20 be accepted, and that the contract for
the described work (Contract No. 2281) be awarded to said bidder;
and
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby authorized and directed to execute a contract in
accordance with the specifications, bid and this award on behalf
of the City of Newport Beach, and that the City Clerk be directed
to furnish an executed copy to the successful bidder.
ADOPTED this 14 Jay of September, 1981.
ATTEST:
City Clerk
9/14/81
pr
Mayor
0
JU!_. 27 191
• 8y rite C -mP0RT BEACH
TO: MAYOR AND CITY COUNCIL
FROM: Parks, Beaches and Recreation Director
� J
July 27, 1981
CITY COUNCIL AGENDA
ITEM NO. r%- (p
SUBJECT: PARKWAY TREE TRIMMING ON BALBOA PENINSULA AND CLAY
STREET
RECOMMENDATIONS:
1. Approve the bid documents.
2. Authorize the City Clerk to advertise for bids
to be opened.
DISCUSSION:
Our parkway tree trimming operation and ability to provide an
acceptable level of service has been of concern for some time.
We are currently working on a schedule that is taking three
• years to return to most trees for trimming purposes. Realizing
this the City Manager and City Council authorized an additional
budget appropriation of $40,000 in fiscal year 1981 -82 to accom-
modate private, independent contracting for specified tree trimming.
•
During an informal bid process it was found that the fiscal amount
exceeded the amount that can be done in an informal manner. We
are now requesting a formal bid for a contract of 631 trees located
on the Balboa Peninsula beginning on 10th Street continuing to
Channel Road. The only City trees excluded in this scope of work
are trees in parks and tall palm trees. The contract proposal
also includes 77 trees on Clay Street in the Newport Heights.
An evaluation of the success of
the 1982 -83 budget formulation.
Ronald A. Whitley
RAW:ma
this program will be included in