Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-2412 - Oasis Park Landscaping
r" Q SEW Pp4,T� F )n gL�FpRN�P :' Mayor CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 Evelyn R. Hart May 25, 1984 Mayor Pro Tern Philip R. Maurer Council Members Bill Agee Sunrise Landscape, Co., Inc. John C. Cox Jr. 11528 Willins Street Jackie Heather Santa Fe Springs, CA 90670 Ruthelyn Plummer Donald A. Strauss Subject: Surety: Sentry Indemnity Co. Bonds No.: 75- 10544 -05 Project: Oasis Park Development Contract No.: C -2412 The City Council on April 23, 1984, accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded. The Notice of Completion was recorded with the Orange County Recorder on May 1, 1984, Reference No. 84- 179156. Please notify your surety company that the bonds may be released 35 days after this recording date. Sincerely, Gli�'�laCEiGQQyL- Wanda E. Andersen CITY CLERK WEA:lr cc: Ron Whitley, PB&R Director City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 :.. .-:-`-QUESTED - PLEASE RETURN TO: BY AND a TO City Clerk 84- 179155 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 NOTICF. OF COMPLETION PARKS, BEACHES AND RECREATION DEPT. RECORDED IN OFFPCK OF ORANGE COUNTY C -2 '2'5- PM MAY 1'84 (' //''� GR1MY ' � fir`^ 1 o All Laborers and Material Men and to Every Other Person Intere YOU WILL PLEASE TAKE NOTICE that on the Parks & Beachesproject consisting of Oasis Park on which Sunrise Landscape Co., Inc., 11528 Wil was the contractor, and Sentry Indemnity Co., P. was the surety, was completed. VERIFICATION I, the undersigned, say: ve 8. Santa s 4, CITY OF NEWPORT BFACH ?1G t Parks, Beaches & Rec Dir for Parks, Beaches I am the & Recreation Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 25, 1984 at Newport Beach, California. Parks, Beaches & Rec Direct 6r VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on April 23, 1984 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 25, 1984 at Newport Beach, California. �rL ".dam City Clerk CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640-2251 April 26, 1984 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: F Attached for recordation are three Notices of Completion consisting of: 1. Buffalo Hills Park and West Newport Basketball Courts, Contract No. 2417 on which Nobest Incorp & Nodland, R. L. were the Contractors and United States Fidelity & Guaranty Co., was the Surety. 2. Sidewalk and Tree Replacement on Balboa Peninsula, Contract No. 2375 on which FAV Engineering was the Contractor and Amwest Surety Insurance Co., was the Surety. 3. Oasis Park Development, Contract No. 2412 on Stich Sunrise Landscape Co. was the Contractor and Sentry Indemnity Co. was the Surety. Please record these and return them to us. Sincerely, Wanda E. Andersen CITY CLERK WEA:lr Attachments (3) cc: Public Works City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 CITY OF NEWPORT BEACH PARKS, BEACHES AND RECREATION DEPARTMENT COUNCIL AGENDA I �� April 23, 1984 ITEM NO. TO: MAYOR AND CITY COUNCIL FROM: Parks, Beaches and Recreation Director SUBJECT: ACCEPTANCE OF OASIS PARK DEVELOPMENT (C -2412) BY T;i C10 CauNCIL RECOMMENDATIONS: CITY OF NEWPORT BEACH 1. Accept the work. APR 231984 2. Authorize the City Clerk to file a Notice of Completion. ! i 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the construction of irrigation, turf and ground cover at the parksite, between the Community Youth Center and OASIS, has been completed to the satisfaction of the Parks, Beaches and Recreation Department. The bid price was $34,437.00 Approved change orders $ 8,567.75 Total Contract cost $43,004.75 Funds were budgeted in Account Number 10- 7797 -056, Park and Recreation Fund. The design was performed by Design- Construct of Huntington Beach. The contractor is Sunrise Landscape Co., Inc. of Santa Fe Springs. The contract date of completion was April 11, 1984. The Improvement Account has a balance of $29,000, which will be used to purchase trees and park equipment in cooperation with con- cerned residents of the areeaa., n�J 1dGL�JG°� Ak Ronald A. Whitley RAW; mm 0 0 CITY OF NEWPORT BEACH P,U. DUX 1768, NEWPORT BEACH, CA 92663 -3883 OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR PARKS, BEACHES & RECREATION /SACK BROOKS FROM: CITY CLERK DATE: January 17, 1984 SUBJECT: Contract No, C -2412 Description of Contract Oasis Park Development Effective date of Contract January. 11, 1984 Authorized by Minute Action, approved on January 9. 1984 Contract with Sunrise Landscape Co., Inc. Address 11528 Willins Street Santa Fe Springs, CA 90670 Amount of Contract $34,437.00 4�" F d*J64ao� Wanda E. Andersen City Clerk WEA:lr attach. 3300 Newport Boulevard, Newport Beach • CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 A.M. on the 22 day of December , 1983, at which time sucFbTds shall be opened and reador OASIS PARK DEVELOPMENT Title of Project 2412 Contract No. $59,000 Engineer's Estimate • Idd a Y Approved by the City Council this 28 day of November , 1983 & Wanda E. Andersen City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Jack Brooks at 640 -2275 Project Engineer CITY OF NEWPORT BEACH PARKS, BEACHES AND RECREATION DEPARTMENT PROPOSAL 2412 Contract No. To the Honorable City Council City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Gentlemen, The undersigned declares that he has carefully examined the location of the work, has read the Instruction to Bidders, has examined the Plans and Special Pro- visions, and hereby proposes to furnish all materials and do all the work required to complete this Contract No. 2412 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM NO. QUANTITY AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 1. Lump Sum Construct railroad tie /concrete stairs @ Dollars an Cents $ $ / s 5 S. 2. Lump Sum Install automatic irrigation system complete in place @ Dollars and Cents $ o $ D 0- 3. Lump Sum Perform earthwork, soil amendment and fine grading @ Dollars and Cents 9 E ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 18 each Furnish and install 24" box trees @ Dollars and Cents 5. 62 each Furnish and install 15 gal. trees @ Dollars t E and Gents 6. 58 each Furnish and install flatted ground cover @ Dollars and Cents 7. 95,000 Hydroseed Turf Area sq. ft. @ Dollars and Cents 8. Lump Sum Provide plant establishment and maintenance period R $ R $ Dollars and Cents $ $ 3000., $ ?Y 'o. TOTAL PPR�RICE WRITTEN IN WORDS: f__tU� Tai r�%cc,�ezu� /ior� ?Dollars f, and 62mu �" no —....- Cents $ 3 V32 �iG Contractor's License No. c/W3;Z SU.t'1Ls am(5:. �Ati'�s «t�� Ce .�'c TB'id erre Date /_/JJ1_ (Authorized Signatur tle) 7 % Bidder's Address 1l� lli�ll�S S 5 7< fig �r .Sjill.c =, s c 1 Bidder's Telephone No • Page 2 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL.form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. 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 dis- crepancy 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 or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 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 con- tract. 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 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. �- Contr's Lic. No. & Classification Bidder Date Authorized Signatu e 0 • Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer.and as provided by State law. Item of Work Subcontractor Address 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. rL Bidder Authorized Signatu /Ti le E BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, • Page 4 as bidder, and , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Dollars ( lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of , lg . (Attach acknowledgement of Attorney -in -Fact) Notary Public Commission expires M Title Bidder Authorized Signature /Title Surety NON- COLLUSION AFFIDAVIT Page 5 The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY Of NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn tq before me this day of 19-E. My commission expires: 6-1 e,r.aml.lSl.o� a Q. t � stn S u/y tzl :s E L 1J✓Cls �90� c c i c Bidder CL z 2a -' ?_ - .. Authorized Signatjire /T le 7 Notary Public MARIETTA SHEi BY NOTARY' PUBLIC • CAi1Fr'.�NIA pRINCIPAL OFFICE IN ORANGEC0 1M • . Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. Authorized Signature/Title • • Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No Bidder Authorized Signature/Title E NOTICE Page 8 The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives letter of award from the City of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15) CONTRACT (pages 16 & 17) Since 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 sub - mission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be assigned Policyholders' Rating B (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Ke Ratin Guide: Property - Casualty. Coverages shall be prove a for a ES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction.(latest edi- tion adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. 0 of Iso. _- -1 - - -- .; FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That 0 Page 11 BOND NO. 75- 10544 -05 PREMIUM: $310.00 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion o has awarded to SUNRISE LANDSCAPE COMPANY, INC. hereinafter designated as the "Principal ", a contract for PMENT CONTRACT NO. 2412 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, SUNRISE LANDSCAPE COMPANY, INC. as Principal, and SENTRY INDEMNITY COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of THIRTY FOUR THOUSAND FOUR HUNDRED THIRTY SEVEN AND NO 1100 Dollars ($ 34,437.00 ..... ), 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. 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 to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice Faithful Performance Bond (Continued) 0 Page 12 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 11th day of JANUARY 19 84 SUNRISE LANDSCAPE COMPANY, INC. (Seal) Name of Contractor (Principal) (Seal) BY: •2�`r yZp`�- _ Authorized Signature and Tit e Authorized Signature and Title SENTRY INDEMNITY COMPANY (Seal) Name of Surety POST OFFICE 2X 11118 SANTA ANA,, CALIFORNIA 92711 Address of'Su )4ety SignaturE ano litle.Of" Hutnori gent — ved as to f rm: POST OFFICE BOX 3483 Attorney -in -Fact \\4( CITY OF INDUSTRY, CA. 91744 Address of Agent City Attorney R. JOHNSTON SURETY BONDS /INSURANCE SERVICE 213/ 330 -2239 Telephone No. of Agent r ea \ § ■ , k 0 \ « § 0 ir 0 0 \ \ 0 CL R o ®0 0 \ (\ >: \ } \ \ ; k ;= o� \ \ \ \ \[ ) \^ k\ rX \ z \ C, ,2> LU } Ea ® \ 1 a 5 , ) 0 \ \ \I { y 3 0 H a a U w O o a a axx oa> GPL z O O 7 O tWA O � W C O d U N G d O N r N � d T L v mo Como X � � G v T� A y � � o � a � 3 E ° E 2 �z 3U= m A • • Page 9 E„ecuted in __..T�._ 1___ coauLeiparts No. _.__. of _._.7.... PAYMENT BOND BOND NO. 75- 10544 -05 PREMIUM: Included in Performance Bond KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to SUNRISE LANDSCAPE COMPANY, INC. hereinafter designated as the "Principal ", a contract for OASIS PARK DEVELOPMENT CONTRACT NO. 2412 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 labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We SUNRISE LANDSCAPE COMPANY, INC. as Principal, and SENTRY INDEMNITY COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of THIRTY FOUR THOUSAND POUR HUNDRED THIRTY SEVEN AND NO /100DO11ar5 $34,437.00 ........ said sum being one -half 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 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 3250 of the Civil 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 ,J 1 • • Page 10 Payment Bond (Continued) this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, *reby 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 11th day of JANUARY , 19 84 . N4xroved as to form: Ci y Attorney SUNRISE LANDSCAPE COMPANY, INC. (Seal) Name of Contractor Principal BY: %�n ,.i >.T .�.r/�: -, /mss /7"�• Authorized Signature aQd_ le Authorized Signature and Title SENTRY INDEMNITY COMPANY (Seal) POST OFFICE�X 11118 SANTA.ANAf// / CALIFORNIA 92711 iddress of S etv —, POST OFFICE BOX 3"3 CITY OF INDUSTRY, t0£riEy- 111- F'cZCi Address of Agent R. JOHNSTON SURETY BONDS /INSURANCE SERVICE 213/ 330 -2239 Telephone No. of Agent 9 I- z w t7 O w J 3 0 z Y U Q w i Q O a 0 E °1 m d L m co 'V � N O m m 0 x ! q m a as m c m a.... 8 .t / m C `6 m uti O. m N m o � H C o z x o o v o ri H m E O V L i6 C ? N m T � dQ N w a z a s r� _ o N m C O UI U O a k k � k / � § \ 6 ¥ ul ) � [ � ( ) »% \\ l7�1; 2,a2 =a ) }( \ ®§ r = »\f \ { §� ®7 a\} 2 k)\ƒ ;00z ®®7 \ \ \\ ( } \i ) <Ez 6 °!7> «S2« § [ r IM � �, � - SENTRY INDEMNITY COMPANY N2 28682 STEVENS POINT, WISCONSIN POWER OF ATTORNEY . KNOW ALL MEN BY THESE PRESENTS: That the SENTRY INDEMNITY COMPANY, a corpora on of the State of Wisconsin, having its principal offices in the city of Stevens Point, Wisconsin, pursuant %ii authority granted by a resolution of its Board of Directors adopted November 20, 1972, which reads as follows: RESOLVED: That the President, the Vice President, or the Treasurer of this Corporation require, and ato authorize such to appoint in writing such attorneys -m -fact as the business of the Corporation may attorneys -in -fact, and each of them to execute on behalf of the Corporation, any bonds, recognizances, stipulations, contracts of indemnity and other undertakings of like character, or to exercise any leaser number of said powers as hereinbefore set forth; and attested by the Secretary or an Assistant BE IT FURTHER RESOLVED: Said appointments shall be Secretary of this Corporation under its seal. The signature of the Secretary or any Assistant Secretary to certified copies of such powers of attorney may be original or facsimile, and when the corporate seal is affixed thereto, any third party may rely on said certified copies of powers of attorney as the act and deed of this Corporation. The President, the Vice President, or Treasurer may revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such appointment; does hereby nominate, constitute and appoint R.G. JOHNSTON, JR. AND PATRICIA H. JOHNSTON OF HACIENDA HEIGHTS, CALIFORNIA its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed. ANY AND ALL BONDS OR UNDERTAKINGS WITHOUT LIMITATION IN WITNESS WHEREOF, SENTRY INDEMNITY COMPANY OF STEVENS POINT, WISCONSIN, has caused these presents to be signed by its proper officer, and its corporate seal to be hereunto affixed this .......... ?n4..... day of ........ MAX .............. 19..8.0..... r0t to h j?l- 4aRPOq�� O a° r iPCOSS`� a SCONSIN COUNTY OF PORTAGE - ss SENTRY INDEMNITY COMPANY P�nt Secretary STATE OF WI , On this ....... 2R4 ... day of ..........MAX...... A.D.,19.. 8.0 .... , personally came before me Paul R. Gustke and T. J. Maney, to me known to be the individuals and officers of the SENTRY INDEMNITY COMPANY of Stevens Point, Wisconsin, who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid and the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. a !U/ PUBLIC v Notary Public a °see Co.� Commission Expires Oct. 16, 1983 CERTIFICATE I, the undersigned, secretary of the SENTRY INDEMNITY COMPANY OF STEVENS POINT, WISCON- SIN, a Wisconsin corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore that the provisions of the By -Laws of the company and the Resolutions of the Board of Directors set forth in the Power of Attorney, are still in force. Signed and sealed at the City of STEVENS POINT this ......... day of ....... • (SEA�,� nacre 8 21%A(SI) SW"l City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED 12520 CLARK STREET CERTIFICATE OF INSURANCE Page 13 INSURANCE COMPANIES AFFORDING COI Company Letter A UNITED PACIFIC Company B Letter KITH Company C Letter ompany D Letter E This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). COMPANY LETTER TYPES OF INSURANCE - COVERAGE REQUIRED Policy No. Po icy Exp. Date L I 5 F LI BILITY IN THOUSANDS' 000 Each g. ro uc s Completed Occurrence Operations A GENERAL LIABILITY IxComprehensive Form Premises- Operations P4847 60 8 -1.8 Bodily Injury Property Damage 8 $ $ $ Underground Hazard Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance x Broad Form Property Damage Damage Combined $ 500, $ 500, x Independent Contractors x Personal Injury Marine Aviation Personal Injury $ 500, A AUTOMOTIVE LIABILITY ❑x Comprehensive Form Q Owned IP48474 60 8 -1 -84 Bodily Injury Each Person $ $ o i y n,lury Each Occurrence ❑x Hired Pro ert ama e o r y nlury an Property Damage ❑x Non -owned Combined $ 500, EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statutor B EMPUOYERr'S LIABILITY T4008466 1,000, Accident) NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the•Insurance Company affording coverage 001 yrQvide 30 days' advance notice to the City of Newport Beach by /r94isfered\imil, attention: Public Works Department. By: / 1"U, Agency: _ RAY TONER TNSIIRANCR_ TNC.,_ uthori l Repq sentative a s ed Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: OASIS PA'K roj c n act Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance 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, including attached endorsements. 81 • • Page 14 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability (X)b[Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence occurrence $ 501) nOn each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: ro c i e and Contravcft o. . This endorsem iS effective 1 -12 -84 at 12:01 A.M. and forms a part of Policy Named Insured SUNRISE LANDSCAPE COMPANY, INC. Endprse ent No. 3 Name of Insurance Company UNITED PACIFIC BX Page 15 • CITY OF'NEWPORT "BEACH • COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the A I I I underground property hazard (commonly referred to as U "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. () Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ each occurrence kASingle Limit Bodily Injury Liability $ Stt� each occurrence and Property Damage Liability Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: [LASTS PARK DAVE OPMENT CONTRACT 11 2412 , Project Tulle and Contract No. This endorsement is effective 1 -12 -84 at 12:01 A.M. and forms a part of Policy No. 124842460 Named Insured Name of Insura • 0 Page 16 CONTRACT THIS AGREEMENT, entered into this // day of —rP AJ_ 193Y, by and betwe@n� � ,t�h�e CITY OF NEWPORT BEACH, hereinafter "City," and S13NN:14- k9-.NJ �f1}e£ Cfl lN� hereinafter "Contractor," is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: 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 the following described public work: _!5. i!5> e Contract No. 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 full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of _ 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 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 obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) • • Page 17 (f) Plans and Special Title of Proiect (g) This Contract. sions for 14Vd.1XC.I.Jef A lrf7j'p, "Aj Contract No3j� /� 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 ATTEST: CITY APPROVED AS TO FORM: ` ScJ/JI2ISr �OneoCRez CYO ` /,v c. ty Attorney Contractor B Its�r By Its CONTRACTOR Section I. II. III. IV. V. VI. 0 CITY OF NEWPORT BEACH PARKS, BEACHES AND RECREATION DEPARTMENT OASIS PARK C -2412 INDEX TO SPECIAL PROVISIONS Page SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . 1 BASIS OF AWARD . . . . . . . . . . . . . . . . . . . . . . 1 COMPLETION OF WORK . . . . . . . . . . . . . . . . . . . . 1 PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . 1 WATER........................... 1 CONSTRUCTION DETAIL . . . . . . . . . . . . . . . . . . . 2 A. SUB -GRADE PREPARATION FOR PAVED AREAS . . . . . . . . 2 B. IRRIGATION . . . . . . . . . . . . . . . . . . . . . . 2 1. Scope . . . . . . . . . . . . . . . . . . . . . . 2 2. Plans . . . . . . . . . . . . . . . 2 3. Irrigation Materials . . . . . . . . . . . . . . . 2 4. Installation . . . . . . . . . . . . . . . . . . . 2 5. As -built Plans . . . . . . . . . . . . . . . . . . 3 6. Guarantee . . . . . . . . . . . . . . . . . . . . 3 C. LANDSCAPE . . . . . . . . . . . . . . . . . . . . . . 4 1. Scope . . . . . . . . . . . . . . . . . . . . . 4 2. Inspection . . . . . . . . . . . . . . . . . . . 4 3. Plant Materials . . . . . . . . . . . 4 4. Fertilizing and Conditioning Materials . . . . . . 5 5. Earthwork . . . . . . . . . . . . . . 6 6. Planting Pits and Backfill . . . . . . . . . . . . 6 7. Planting . . . . . . . . . . . . . . . . . . . . . 6 8. Certification . . . . . . . . . . . . . . . . . . 7 9. Project Site Maintenance . . . . . . . . . . 7 10. Establishment and Maintenance Period . . . . . . . 7 11. Guarantee and Replacement . . . . . . . . . . . . . 7 CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION DEPT. SPECIAL PROVISIONS OASIS PARK C -2412 SCOPE OF WORK The work to be done under this contract includes (1) the amendment and fine grading of existing topsoil of a previously rough - graded 2.5 acre park parcel, (2) the installation of an automatic irrigation system, and (3) the installation of specified plant material including a 60 -day plant establishment and maintenance period. This contract requires the completion of work in accordance with these Special Provisions; the Plans (P- 5112 -S); the Standard Special Provisions ana JLdnadra urawings Tor VUDIIC worKS uonstruction, Iy?ju taition; ana the Standard Specifications for Public Works Construction, 1979 Edition and 1980 Supplement, hereinafter referred to as the Standard Specifica- tions. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased for $5 from the Public Works Department. II. AWARD AND EXECUTION OF THE CONTRACT The bidder's attention is directed to the provisions of Section 2 -1 of the Standard Special Provisions for requirements and conditions concerning award and execution of the contract. III. COMPLETION OF WORK The work to be done under this contract, exclusive of the plant establishment and maintenance period, shall be completed within 60 calendar days from the date the City awards the contract. IV. PAYMENT The unit or lump sum price for items of work shown in the proposal shall be full compensation for labor, equipment, materials and all other things necessary to complete the work. Incidental items of work not separately described in the proposal (i.e. traffic control, formwork) shall be included in the unit price for the various items of work. V. WATER Water for this work shall be provided free of charge by the City. The Contractor shall make his own provisions for water supply and application, and shall contact the City's Utilities Superintendent, Mr. Gil Gomez, at (714) 640 -2221 to arrange for water service connections. • c. PVC Pipe • SP3of7 PVC pipe shall be installed in a manner which will provide for expansion and contraction as recommended by the pipe manufacturer. All plastic to metal joints shall be made with plastic male adaptors. d. Valve Boxes Valve boxes installed near planter walls, curbs, or paving shall abut and be flush with those items. e. Automatic Controllers All local and other applicable codes shall take precedence in connecting the 110 volt electrical service to the controller. Contractor shall complete service hook -up to controller. f. Control Wiri Control wiring shall comply with local and state codes and be installed by those skilled and licensed in the trade. g. Backfill Backfill may be with native material except that clods and rocks over 1" in size shall be removed and disposed of at no additional cost to the City. 5. As -built Plans Contractor shall procure from the City sepia transparencies of the sprinkler layout and mark the exact "as- built" arrangement including location of all equipment installed. Locations shall be shown by measurements from easily identified permanent features such as sprinkler heads, planter walls and curb faces. The "as- built" plans shall be prepared by a competent draftsman. After final inspection and before final payment, the transparencies shall be delivered to the City. 6. Guarantee If within one year from the date of completion, settlement occurs and adjustments in pipes, valves and sprinkler heads or paving is necessary to bring the system or paving to the proper level of the permanent grades, the Contractor, as part of the work under his Contract, shall make all adjustments without extra cost to the City, including the restoration of all damaged planting, paving or other improvements of any kind. 9 SP4of7 Should any operational difficulties in connection with the sprinkler system develop within the specified guarantee period which in the opinion of the City may be due to inferior material and /or work- manship, said difficulties shall be immediately corrected by the Con- tractor to the satisfaction of the City at no additional cost to the City including any and all other damage caused by such defects. C. LANDSCAPE 1. Scope The work of this section includes all labor, materials, equipment, services, supervision and transportation required to complete all landscape work indicated on the plans. The work shall be performed in accordance with the best standards of practice relating to the various trades and under continuous supervision of a competent foreman, capable of interpreting the plans and these Special Provisions. 2. Inspection All inspections herein specified shall be made by the Engineer. The Contractor shall request inspections at least two (2) days in advance of the time inspections are required. Inspections will be required for the following parts of the work: a. During finish grading and soil preparation. �$ei► d. When lawn areas are prepared for hydroseeding. e. Completion of landscape construction, prior to the start of maintenance and plant establishment period. f. Completion of maintenance and plant establishment period ( "Final Maintenance Observation "). 3. Plant Materials a. General Plant materials indicated on the plans shall conform to the requirements of Sections 212 and 308 of the Standard Specifica- tions. 0 0 SP5of7 b. Nomenclature Plant names indicated on the plans conform to "Standard Plant Names" established by the American Joint Committee on Horticulture. Except for names covered therein, the established custom of the nursery is followed. c. Substitutions Substitutions for the indicated plant materials will be permitted provided the substitute materials are approved in advance by the Engineer and the substitutions are made at no additional cost to the City. If the accepted substitute materials are of less value than those specified, the unit price will be adjusted in accordance with the provisions of the Contract. d. Plants Not Approved Plants not approved are to be removed from the jobsite immediately. The Engineer reserves the right to reject entire lots of plants represented by defective samples. e. Lawn Planti The following materials shall constitute the slurry mixture per 1,000 square feet of area to be hydroseeded: (1) 12 pounds Tall Fescue: 50% Marathon 25% Olympic 25% Houndog (2) 30 pounds wood fiber. (3) 1 pound crop maker 6- 20 -20. (4) 3 pounds IBDU Slow Release 31 -0 -0 (5) Adequate green coloring additive to identify hydroseeded areas. (6) Adequate water.to disperse and apply the mixture. 4. FERTILIZING AND CONDITIONING MATERIALS a. General Fertilizers and conditioners shall conform to the requirements of Section 212 of the Standard Specifications as modified herein. b. Organic Soil Amendment Organic soil amendment shall be Type I. 9 0 SP6of 7 c. Samples Samples of all fertilizing and conditioning materials shall be submitted for and stored on site until furnishing of materials is completed. Delivery may begin upon approval of samples by the Engineer. 5. EARTHWORK a. General Earthwork shall conform with the requirements of Section 308 -2 of the Standard Specifications except as modified herein. b. Weeding Before and during preliminary and finish grading, all weeds and grasses shall be dug out by the roots and disposed of off the site (except those weeds and grasses not of the perennial type, less than 2j" high and not bearing seeds, which may be turned under). PLANTING PITS AND BACKFILL a. Viral Planting p and backfill of Section 308 4-he Stxn b. Topsoil `T" conform with the requirements Specifications. 'fl utilized in backfill mix s- iti�,be Class C in dance with Section 212 of the Stanhrd-Specifications. c. Backfill Backf i l 1-mix, shall: tre as r�st�- 7. PLANTING a. General Planting shall conform with the requirements of Section 308 -4 of the Standard Specifications except as modified herein. T y 0 SP 7 of 7 S. Certification The following written certifications shall be submitted to the Engineer: a. Quantity and quality of commercial fertilizer. b. Quantity and quality of soil conditioner. 9. Project Site Maintenance Project site maintenance shall conform with the requirements of Section 7 -8 of the Standard Specifications. 10. Establishment and Maintenance Period a. General The Contractor shall continuously maintain all areas involved in this Contract during the progress of the work and during the establishment period until final acceptance of the work by the City. The contractual establishment period shall be for no less than sixty (60) continuous calander days and in accordance with the provisions of Section 308 -6 of the Standard Specifications except as specified herein. 11. Guarantee and Replacement a. General All plant materials installed under the contract shall be guaranteed against any and all poor, inadequate or inferior materials and /or workmanship for a period of 60 days from the date of final acceptance by the City. b. Replacement Replacement shall be made in accordance with the same specifications required for the original installation. Material and labor for replacement shall be supplied by the Contractor at no additional cost to the City. t • CITY OF NEWPORT BEACH • PARKS, BEACHES AND RECREATION DEPARTMENT PROPOSAL 2412 Contract No. To the Honorable City Council City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Gentlemen, The undersigned declares that he has carefully examined the location of the work, has read the Instruction to Bidders, has examined the Plans and Special Pro- visions, and hereby proposes to furnish all materials and do all the work required to complete this Contract No. 2412 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: TEM NO. QUANTITY AND UNIT ITEM DESCRIPTION UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 1. Lump Sum Construct railroad tie /concrete stairs @z,�io >•�J Dollars and ;y�'�� Cents $ _ _ .- $ 2. Lump Sum Install automatic irrigation system in place complete @"J';'ce�i �dzz1���'Dollars and Cents $ $ f G 3. Lump Sum Perform earthwork, soil amendment and fine grading @ Dollars and p / - '?0;ae. rn�Czer' /a ` �v21 Cents 0 R ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 18 each Furnish and install 24" box trees @ Dollars —.— and Cents $ $ 5. 62 each Furnish and install 15 gal. trees @ Dollars F L E T"ts $ $ 6. 58 each Furnish and install flatted ground cover j 62 @ fyye E ; r,ta e) -,t Dollars and Cents - 7. 95,000 Hydroseed Turf Area sq. ft. Dollars a and Cents 8. Lump Sum Provide plant establishment and maintenance period @ Dollars and Cents TOTAL PRICE WRITTEN IN WORDS: lv��iL! 1,,eu= c7c cet";tel A-Ce -? Dollars and Cents Contractor's License No. 266132 C -27 Date p,,.92 S1 Sunrise Landscape Co,Inc. (Bidder's Name) (Authorized Signature /e) Bidder's Address 11528 Willins st ...Santa Fe,Springs Ca. 90670 Bidder's Telephone No.(213) 699 -5721 . • Page 2 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL.form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. 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 dis- crepancy 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 or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 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 con- tract. 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 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 266132 C -27 Contr's Lic. No. & Classification Dec 22,1983 Date Sunrise Landscape Co,Inc. Bidder Authorized Signature /Tit • • Page 3 DESIGNATION OF SUBCONTRACTORS) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Item of Work Subcontractor Address 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Sunrise Landscape CoJnc. Bidder Authorized Signatur itl r • • Page 4 PREMIUM INCLUDED IN BBSU BIDDER'S BOND BOND NO, 75- 10544 -01 KNOW ALL MEN BY THESE PRESENTS, That we, SUNRISE LANDSCAPE COMPANY, INC. , as bidder, and SENTRY INDEMNITY COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF AMOUNT OF ATTACHED BID Dollars ($ 10% ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of OASIS PARK DEVELOPMENT 2412 Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 13th day Of DECEMBER , 1983 (Attach acknowledgement of Attorney -in -Fact) Notary Public Commission expires SUNRISE LANDSCAPE COMPANY, INC. Bidder BY: i'?f: Authorized Signature /Title RAMIRO MARTINEZ President SENTRY INDEMNITY COMPANY Surety Y K. G. JO 7STON, Title Attorn - n -Fact . § � k / ) @ / § < (\ \\ !o \u � -� \ {()2 co \0 \) }� ( \ a §� \� � 3) % ■ \� \ 2 \ u / £ > }2§)b' \ ■.a< 2 i� � � SENTRY INDEMNITY COMPANY fro 28682 STEVENS POINT, WISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the SENTRY INDEMNITY COMPANY, a corporation of the State of Wisconsin, having its principal offices in the city of Stevens Point, Wisconsin, pursuant to authority granted by a resolution of its Board of Directors adopted November 20, 1972, which reads as follows: RESOLVED: That the President, the Vice President, or the Treasurer of this Corporation shall have authority to appoint in writing such attorneys -in -fact as the business of the Corporation may require, and to authorize such attorneys -in -fact, and each of them to execute on behalf of the Corporation, any bonds, recognizances, stipulations, contracts of indemnity and other undertakings of like character, or to exercise any lesser number of said powers as hereinbefore set forth; and BE IT FURTHER RESOLVED: Said appointments shall be attested by the Secretary or an Assistant Secretary of this Corporation under its seal. The signature of the Secretary or any Assistant Secretary to certified copies of such powers of attorney may be original or facsimile, and when the corporate seal is affixed thereto, any third party may rely on said certified copies of powers of attorney as the act and deed of this Corporation. The President, the Vice President, or Treasurer may revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such appointment; does hereby nominate, constitute and appoint R.G. JOHNSTON, JR. AND PATRICIA H. JOHNSTON OF HACIENDA HEIGHTS, CALIFORNIA its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed. ANY AND ALL BONDS OR UNDERTAKINGS WITHOUT LIMITATION IN WITNESS WHEREOF, SENTRY INDEMNITY COMPANY OF STEVENS POINT, WISCONSIN, has caused these presents to be signed by its proper officer, and its corporate seal to be hereunto affixed this .......... ?Rd ..... day of ........ MAX .............. 19..8.0..... ptMhlly PL 8'� SEAL n a STATE OF WISCONSIN, COUNTY OF PORTAGE - ss SENTRY INDEMNITY COMPANY (:Z Wpm Secretary On this ....... ?Ad ... day of ..........11AY ..... A.D.,19.. 8.0 .... , personally came before me Paul R. Gustke and T. J. Maney, to me known to be the individuals and officers of the SENTRY INDEMNITY COMPANY of Stevens Point, Wisconsin, who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid and the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. Notary Public Commission Expires Oct. 16, 1983 CERTIFICATE I, the undersigned, secretary of the SENTRY INDEMNITY COMPANY OF STEVENS POINT, WISCON- SIN, a Wisconsin corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore thatthe provisions of the By -Laws of the company and theResolutions of the Board of Directors set forth in the Power of Attorney, are still in force. Signed and sealed at the City of STEVENS POINT this ......... day of ........................ 19..... (SEAL) &2136A(3q 6614381 Secretary 0 NON- COLLUSION AFFIDAVIT Page 5 The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed ago sworn to. efore me this —' L_ day of, 19-LZ. My commission expires: OFFICIAL SEAL NORMA F. SMITH NOTARY PUBLIC - CALIFORNIA PRMCIPAi. OFRC[ IN LOS ANGELES COUNTY My commission EXP. API. 9, 1986 11528 b"V:� IL-) StrLmjt Santa Fe Spry-.gs, '�3' 90r]© Bidder Authorized Signfa /Title Notary Public • Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within l work day after the bid opening if the undersigned is the apparent low bidder. sunrise Landscape Co,Inc. Bidder — Authorized Signatur_IVe . 0 0 Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No td er Hutnortzed Signature /Tit ��- • CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department BY THE CITY COUNCIL CITY Of NEWPORT BEACH JAN 0 9 1984 APPROVED TO: Mayor and City Council FROM: Parks, Beaches and Recreation Director SUBJECT:. OASTS.PARK {C DEYELOPMENT -2412} January 9, 1984 CITY COUNCIL AGENDA ITEM NO. — 3L Recommendation: Award Contract No. 2412 to Sunrise Landscape Co., Inc. for $34,437.00 and authorize the Mayor and City Clerk to execute the contract. Discussion: At 11:00 A.M. on December 22, 1983 the City Clerk opened and read the following bids for this project: Bidder Amount Bid Low Sunrise Landscape Co., Inc. $34,437.00 2 Mathis Construction Co. 38,195.00 3 Tracy and Haigh 39,975.00 4 ValleyCrest Landscape 41,420.00 5 John C. Ettlin 41,808.00 6 Gillespie Construction 44,329.00 7 Artistic Landscape 44,367.00 8 Landscape Constructors 49,500.00 The low bid is 31% below the Park and Street Tree Superintendent's estimate after the amended plan of removing the specified trees from the contract. The Sunrise Landscape Co., the low bidder, has not performed previous contract work for the City. However, a check of their previous work has indicated the ability to successfully complete a job of this type. The project provides for installation of an irrigation system and landscaping to include turf and ground cover. An estimated $30,000 balance in this project will be coordinated with concerned neighbors in the area to provide trees or parkamenities that were previously eliminated from the contract. Adequate funds are budgeted under Account No. 10- 7797 -056. The plans and specifications were prepared by Design Construct, Inc. of Huntington Beach. The estimated date of completion is May 1, 1983. A� Ronald A. Whitley Authorized to Publish Advertisements of *ds including public notices by Decree of the Superior Court of Orange County, California, Number A -6214, dated 29 September. 1961, and A- 24831, dated 11 June, 1963. STATE OF CALIFORNIA County of Orange o„hn< wb . Ad.en,Hhy =by «w by 'h" etlldaml m eel m t pgnl with 10 pICB column width I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS. a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of Notice Inviting Bids CITY OF NEWPORT BEACH of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for nna EoMRoLXil¢%54N8XM1§XJitXthe issue(94 of December 1_ 198 3 , 198 198— 198— , 198_ I declare, under penalty of perjury, that the foregoing is true and correct. Executed on _ naram,har_ 1 1983_ at Costa Mesa, California. C -ati�Z PROOF OF PUBLICATION � - d'-4 I "� CITY OF NEWPORT BEACH . Parks, Beaches and Recreation Department BY THE CITY COUNCIL CITY OF NEWPORT BEACH November 28, 1983 NOV 281983 CITY COUNCIL AGENDA ITEM NO. TO: Mayor and City Council FROM: Parks, Beaches and Recreation Director SUBJECT:`1. ,.- PASSIVE'RARK LANDSCAPING (CONTRACT NO. 2412) Recommendations: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on December 22, 1983. Discussion: At its meeting of November 14, 1983, the Council continued this item for two weeks for clarification. After additional review the plans and specifications have been revised to eliminate planting of trees in the first phase of development. Trees will be added later in cooperation with the community. The 1983 -84 budget contains an appropriation to construct a passive park on the City owned land between the Community Youth Center and the OASIS parking lot. The subject property is currently being graded, bike trail constructed and curb and gutter installed under a contract administered by the Public Works Department. The development will include irrigation and landscaping to include turf and ground cover. Funding for the project is $80,000 from the Park and Recreation Fund. The park was designed by Design Construct, Inc., of Huntington Beach for a contract of $8,000. The Park Superintendent has estimated the construction contract to be $72,000. The estimated date of completion is May 1, 1984. A complete set of revised plans will be on display in the City Council Conference Room. 519 Iris wennu� Corona del Mar. CA 92625 November 28. 1Q83 Newport Beach City Council 3300 Newport Blvd.. Newport Beach, CA 92663 Dear: Mayor Hart and Council: Re: Oasis Park Grading Clyda Brenner through Community Association auspices Wednesday November 23, 1983 at Oasis had a meeting with Councilman Agee. PB &R Director, Ron Whitley, many Harbor View PFO Board members; a N. B. s Bike Ways Committee representative, and CDMLA and Oasis representa- tives. Ron Whitley presented the overall plan that PB &R was going to ask that this years budget be allocated for building a new CYC Youth Center on the present CYC parking lot (city property). Ron Whitley,on questioning,confirmed that about $1801{ was still in a reserve fund for building a new Youth Center. He also stated that the present plan trees were designed to hide the prom- inence of the 12 foot bike path through the center of the park. Councilman Agee was asked why the land was not made flat so it could be made useable. He declined to answer or to say who favored the present plan. The inability to use Carnation Park for picnics or soccer-because of the slopes involved was discussed. The lack of flat useable park land in the City and. the need for such was discussed. Councilman Agee claimed there were plenty of ball diamonds in Newport Beach but could only name four not on school land east of the bay. (San Miguel, Grant Howald, Buffalo Hills and Irvine Terrace). Grant Howald (Oasis) presented a history of the Youth Center and how it was the predecessor for all Newport Beach parks and in fact all City park districts AnIhe state. Dick Nichols (CDMCA) discussed an alternate concept of a generally flat area which would merge with the CYC parking lot and CYC Tot lot. A general discussion ensued in which the following general points were agreed on as desireable. 1. The area should be flat and open grass area. 2. Lights are appropriate both for the parking lot and the bike way. 3. The bike path should be visible and preferably increase in grade from Iris to Larkspur without dips. 4. Benches and a children's climbing structure are appropriate. 5. The name Grant Howald Park should continue for the area. Newport Beach City Council November 28 1983 Page Two In addition, general consensus was that no further fill should be re- moved from the site since the desireability of using the fill to flatten the area was a first priority. The Bike Committee representative reviewed her notes and concluded the flat park concept was more preferable than the concept the City said the Committee endorsed and further in reviewing minuteq s &e said the Bike Committee was shown no design alternatives but merely endorsed the idea of a bike path. She felt her committee's opinion was be'ppteul. -. Not one person in attendance with the exception of CbuAOihnaa.Agee showed support for the present park grading and design concepts. i It is apparent that the engineering concept presented in the park de- sign are not compatible with the wishes and desires of the residents of Corona del Mar. We quggest that the grading plans could be modified at this time to correct these deficiencies. We are very sorry that some dirt has already been hauled away that could have been profitably used on -site. We however suggest that no more dirt be hauled away. Close the present contract by modifying the present mound to minimize erosion if regrading as above discussed can not be done. Hydroseed to prevent_arosion and lets step back and do a proper bike path and grading plan before proceeding. Very truly yours, Richard A. Nichols f'AN:sn • • LAW OFFICES OF DAVIDSON & MATSEN JEFFREY R. MATSEN" HAROLD W. DAVIDSON LAWRENCE H. DAVIDSON HAROLD S. NELSON MICHAEL R. PFEIFER GREGORY K.WANLASS November 2$, 1983 ROBERT K. STROUSE "'PETER PAUL MENDEL Newport Beach City Council •Izor—// SUITE 600 4000 MACARTHUR BOULEVARD NEWPORT BEACH, CALIFORNIA 92660 -2573 (714) 752 -6425 TELEX: 163511 -CSMA PLEASE REFER TO: Re: Proposed Bike Path from the Parking Lot at the Corner of 5th and Marguerite to Iris Avenue in Corona del Mar Dear Ladies and Gentlemen: Recently, my wife and I became aware of the plans to develop a park and a bike path on the above- referenced property. As we understand it, the landscape plan currently before the City Council proposes a tree -lined bike path with a total of 172 trees in the park. We understand that these will be trees that will grow up to a substantial height over a period of years. Only a very small percentage of the park will be flat and open space and no play equipment is shown on the landscape plan. We have discussed this situation with several of our neighbors and we would like to take this opportunity to make the following comments to you: 1. Obviously, one of the primary goals for having the bike path is the safety of the children using it. Accordingly, the bike path should be highly visible and not hidden by trees and shrubs. 2. It is manifest that in any kind of a development like this, the height and density of trees, not only as they are orginally planted, but as they will become after substantial growth should be considered and carefully weighed. Trees that grow in height tend to block the beautiful view of the ocean for the adjacent homeowners. We paid a substantial amount of money for our lovely home, and one of the reasons for its very high value is the fact that it has access to a view of the ocean. If this view becomes obstructed as a result of trees that will be planted in the park, it will significantly diminish the value of our property and the enjoyment of our ocean view. Patently, the substantial and irreparable damage done to the property owner whose view 'A PROFESSIONAL CORPORATION "CERTIFIED TAX SPECIALIST `LICENSED TO PRACTICE IN NEW YORK ONLY Newport Beach City Council November 25, 1983 Page Two might be obstructed by the trees greatly outweighs any benefits the trees might provide. 3. Dense shrubs and trees are dangerous in the sense that they provide the kind of hidden shelter where children can get hurt, where criminal attacks against the elderly and children may take place and where transients and other undesirables may hide out. 4. It would also appear that 172 trees is a ridiculously high volume to be planted. It would be much preferable to have substantial open space for informal games, family outings and the like rather than waste money on trees which are costly to trim and maintain and create the problems that have been alluded to above. It would seem to make much more sense to spend the money on safe and adequate play equipment. In summary, we urge you to give your immediate attention to this matter, taking into account the very significant factors that we have outlined above. This area of Corona del Mar was not intended to be a "National Forest Preserve ", but instead a well thought out and carefully planned residential community where the residents are able to enjoy a safe and utile park area without at the same time diminishing the value of the surrounding residential property because of the unnecessary and thoughtless obstruction of the neighborhood's ocean view. We appreciate your anticipated cooperation in this matter and trust that you will give our views the consideration they deserve. several of our neighbors wish to join with us in endorsing this letter and they have accordingly signed their names below. Re�mitted, 1 submitted, Jeffrey R. and Susan Matsen 3449 Quiet Cove Corona del Mar, California cc: Ron Whitley, Director Newport Beach Department of Parks, Beachs and Recreation The following hereby expressly endorse the contents of letter and urge the City Council and the Department of Parks, Beaches and Recreation to consider and implement comments made above. 1 • 04 i 22c - - (name) i . (address) ,j .- ,- �signature ) 2. SO - (name) (address) 3. to W signature) name) address) signature) name) address) signature) (name) (address) (signature) (name) (address) (signature) this the �lA]IR��Ni1' /i /x/!19111 W signature) name) address) signature) name) address) signature) (name) (address) (signature) (name) (address) (signature) this the 0 CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department BY THE CITY COUNCIL CITY OF NEWPORT BEACH NOV 141983 C -)4tz_ v November 14, 1983 CITY COUNCIL AGENDA ITEM NO. (=1S TO: Mayor and City Council FROM: Parks, Beaches and Recreation Director SUBJECT: OASIS PASSIVE'.`P1RR7C ?LANDSCAPING (CONTRACT NO.. 2412) „: Recommendations: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on December 2, 1983. Discussion: The 1983 -84 budget contains an appropriation to construct a passive park on the City owned land between the Community Youth Center and the OASIS parking lot. The subject property is currently being graded, bike trail constructed and curb and gutter installed under a contract administered by the Public Works Department. The development will include irrigation and landscaping to include turf, ground cover and trees. Funding for the project is $80,000 from the Park and Recreation Fund. The park was designed by Design Construct, Inc., of Huntington Beach for a contract of $8,000. The Park Superintendent has estimated the construc- tion contract to be $72,000. The estimated date of completion is May 1, 1984. A complete set of plans will be on display in the City Council Conference Room. Awl. �•