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HomeMy WebLinkAboutC-3055 - Green Acres Reclaimed Water Project - Bonita Creek Park Irrigation Improvements0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 March 13, 1996 (714) 644 -3005 Accurate Landscape & Maintenance Corporation 1910 North Lime Street Orange, CA 92665 Subject: Surety: Bond No.: Contract No.: Project: Indemnity Company of California 185599P C -3055 Green Acres Reclaimed Water Project Bonita Creek Park Irrigation Improvements The City Council of Newport Beach on January 8, 1996, accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on February 6, 1996, Reference No. 19960057302. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lm cc: Utilities Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTER AND WHEN RECORDED RETURN TO: City Clerk/ f -,11 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 0 Recorded in the County of orange, California Gary L. Granville, Clerk /Recorder No Fee 19960057302 08:10am 02/06/96 095 196555 29 04 Mg N12 1 7.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as owner, and Accurate Landscape & Maintenance Corporation as Contractor, entered into a Contract on August 23. 1995 / Ti ✓ ___ `: ��( A Said Contract set forth certain improvements, as follows: , %'.j Green Acres Reclaimed Water Project Bonita Creek Park Irrigatioth -' Fes_ X96 Im rovements C -3055 1,_A Btlx �CA Ell" kEWPOR, fifACH .� Work on said Contract was completed on November 27, 1995 =r�. y and was found to be acceptable on January 8 1996 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Indemnity Company of California BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Beach, California. V BY City Clerk at Newport CITY'OOF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 January 16, 1996 County Recorder's Office P.O. Box 238 Santa Ana, California 92702 (714) 644 -3005 Enclosed is the following dociment for recordation and return to the above -named office: Notice of Completion: Green Acres Reclaimed 'Dater Project Bonita Creek Park Irrigation Ismrovements (C -3055) Sincerely, City Clerk 3300 Newport Boulevard, Newport Beach LJ AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT January 8, 1996 CITY COUNCIL AGENDA ITEM NO. 17 SUBJECT: NOTICE OF COMPLETION -GREEN ACRES RECLAIMED WATER PROJECT BONITA CREEK PARK IRRIGATION IMPROVEMENTS CONTRACTNO.$--8®5& C 3055 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the construction of the Green Acres Reclaimed Water Project - Bonita Creek Park Irrigation Improvements has been completed to the satisfaction of the Public Works Department. The contractor was Accurate Landscape & Maintenance Corporation of Orange. The bid price was $ 53,824.29 Amount of change orders $ 8,009.40 Total contract cost $ 61,833.69 Funds for the project were budgeted in the following accounts: Description Account Number Amount Water Capital Projects 7501- C5500075 $ 17,646.35 Bonita Creek Park Improvements 7271- C4120285 $44,387.34 The scheduled completion date was October 13, 1995. Due to several City requested modifications, the project was delayed approximately 30 days. The final change order required additional work which took an additional two weeks, thereby moving the completion date to November 27, 1995. The change orders for the project consisted of modifications to the control system and the purchase of an additional controller. The contractor has completed the project to the satisfaction of the Community Services, General Services and Public Works Departments. Respectfully submitted, G10 PUBLIC WORKS DEPARTMENT Don Webb, Director MJS:tam By: -- . M' hael J. Sinacori, P. E (Acting) Utilities Manager CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: PURCHASING /ADMINISTRATIVE SERVICES FROM: CITY CLERK DATE: August 24, 1995 SUBJECT: Contract No. C -3055 y - zov - qs Description of Contract Green Acres Reclaimed Water Project Bonita Creek Park Irrigation Improvements Effective date of Contract August 23, 1995 Authorized by Minute Action, approved on August 14, 1995 Contract with Accurate Landscape & Maintenance Corporation Address 1910 North Lime St. Orange CA 92665 Amount of Contract $53,824.29 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach 0 NOTICE INVITING BIDS 0 Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 until 2.30 o'clock p.m on r3 d day of Au mt• 1995, at which time such bids shall be opened and read for: GREEN ACRES RECLAIMED WATER PROJECT BONITA CREEK PARK IRRIGATION IMPROVEMENTS Title of Project C -3055 Contract No. $ 82,000.00 Engineer's Estimate Wit/ F6 n r Approved by the City Council this 10th day of July, 1995 / EM %!/ - Wanda E. Raggiv / City Clerk Prospective bidders may obtain aset of contract documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 For further information, call Michael Sinacori at 644 -3011. Project Manager 0 E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT - UTILITIES GREEN ACRES RECLAIMED WATER PROJECT BONITA CREEK PARK IRRIGATION IMPROVEMENTS CONTRACT NO. C -3055 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, California 92658 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and shall perform all work required to complete Contract No. C -2942 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: NOTE: All applicable sales taxes, State and /or Federal, and any other special taxes, patent rights or royalties shall be included in the prices quoted in this proposal. SCHEDULE OF WORK ITEMS ITEM APPROXIMATE NO. QUANTITY DESCRIPTION UNIT TOTAL PRICE AMOUNT Lump Sum. Mobilization, demobilization and cleanup for the lump sum price of One Thousand Dollars and No Cents Per Lineal Foot Pl -a L.S. $1,000.00 0 0 SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 2. 1,260 L.F. Furnish and install 4-inch P.V.C. Class 315 Pressure Main complete in place for the unit price of Three Dollars and Forty -Three Cents $ 3.43 $ 4.321.80 Per Lineal Foot 3. 3270 L.F. Furnish and install 3 -inch P.V.C. Class 315 Pressure Main complete in place for the unit price of Four Dollars and Eight Cents $ 4.08 $1.101.60 Per Lineal Foot 4. 23 EA. Furnish and install 2 -inch Electric Control Valve complete for the unit price of One Hundred & Fifty -Six Dollars and Forty -Eight Cents $156.48 $ 3,599.04 Per Each 5. 6 EA. Furnish and install l -1/2 -inch Electric Control Valve complete in place for the unit price of One Hundred & Thirty -Nine Dollars and Twenty Cents Per Each P -lb $139.20 $ 835.20 SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 6. 4 EA. Furnish and install 11/4 inch Electric Control Valve complete in place for the unit price of One Hundred & Twenty -Five Dollars and Seventy -Six Cents $125.76 $ 503.04 Per Each 7. 4 EA. Furnish and install 1-inch Electric Control Valve complete in place for the unit price of One Hundred & Fourteen Dollars and Eighty -Eight Cents $114.88 $ 459.52 Per Each 8. 3 EA Furnish and install 4 -inch Gate Valve complete in place for the unit price of Two Hundred & Ninety -Three Dollars and Fifty -Eight Cents $ 293.58 $ 880.74 Per Each 9. 1 EA. Furnish and install 3 -inch Gate Valve complete and in place for the unit price of Two Hundred & Six Dollars and Ninety Cents $ 206.90 $ 206.90 Lump Sum P -lc 0 0 11. 2 EA. furnish and install Automatic Satellite Controllers complete in place for the unit price of Three Thousand Four Hundred Eighteen Dollars and Forty Cents $ 3,418.40 $6,836.80 Per Each 12. 5 EA. Install connection to existing pressure mainline piping complete in place for the unit price of One Hundred & Fifty Dollars and No Cents $150.00 $ 750.00 Per Each 13. Lump Sum Furnish and install sprinkler modifications as shown on the plans complete in place for the lump sum price of Sixty -Nine Hundred & Seventy Dollars and Ninety -Nine Cents Lump Sum P -1d $ 6.970.99 $ 6.970.99 SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 10. 1 EA. Furnish and install 3 -inch Gate Valve in existing pressure main complete in place for the unit price of Three Hundred & Sixteen Dollars and Ninety Cents $ 316.90 $ 316.90 Per Each 11. 2 EA. furnish and install Automatic Satellite Controllers complete in place for the unit price of Three Thousand Four Hundred Eighteen Dollars and Forty Cents $ 3,418.40 $6,836.80 Per Each 12. 5 EA. Install connection to existing pressure mainline piping complete in place for the unit price of One Hundred & Fifty Dollars and No Cents $150.00 $ 750.00 Per Each 13. Lump Sum Furnish and install sprinkler modifications as shown on the plans complete in place for the lump sum price of Sixty -Nine Hundred & Seventy Dollars and Ninety -Nine Cents Lump Sum P -1d $ 6.970.99 $ 6.970.99 i i SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 14. Lump Sum Furnish and install 2 -inch PVC Potable Water Pressure Main, Backflow Preventer and Quick Coupling Valves complete in place for the lump sum price of Twenty -Nine Hundred & Three Dollars and Seventy -Six Cents L.S. $ 750.00 Lump Sum 15. Lump Sum Install connection to existing pressure mainline piping complete in place for the unit price of Nineteen Thousand Nine Hundred & Thirteen Dollars and No Cents L.S. $19.913.00 Lump Sum 16. Lump Sum Furnish and apply soil amendment complete in place for the unit price of Thirty -Two Hundred & Twenty -Five Dollars and Twenty -Nine Cents L.S. $ 3.225.29 Lump Sum TOTAL PRICE IN WRITTEN WORDS Fifty -Three Thousand Eight Hundred & Twenty -Four Dollars and Twenty -Nine Cents $ 53,824.29 Ple E 0 I declare under penalty of perjury that all representation made above are true and correct.* *Effective January 1, 1990, Business and professional Code Section 702.8.15 provides that any bid not containing the above requested information, or a bid containing information which is substantially proven false, shall be considered non- responsive and shall be rejected. Bidder's Name Accurate Landscape & Maintenance Corporation Bidder's Address 1910 North Lime St. Bidder's Telephone Number (714) 921 4255 or (714) 921 -1273 Contractor's License No. & Classification 676703 "C -27" 9 -30 -96 Expiration Date 8 -3 -95 S /BRIAN J. ALLEN - CONSTR. MGR. Date Authorized Signature & Title S /THOMAS J. OLSEN, PRES. P -if • INSTRUCTIONS TO BIDDERS Page 2 The following documents shall be completed, executed and received by the City Clerk in accord with the "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. 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 documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 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 discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. In accord with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. ACCURATE LANDSCAPE & C -27 676703 MAINTENANCE CORPORATION Contr's Lic. No. & Classification Bidder 8 -3 -95 S /THOMAS J. OLSEN, PRES. Date THOMAS J. OLSEN, PRESIDENT 0 0 Page 3 DESIGNATION OF SUBCONTRACTORS State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accord with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accord with State law. Subcontractor Address Subcontract Work 1. -Z-Best Concrete 9980 Indiana Ave. Suite 14 Concrete & Masonry Riverside, CA 92503 909 - 785 -5542 2. MBE Electric Inc. 9920 Arlington Ave. Electrical 7 1 Riverside. CA 92503 ACCURATE LANDSCAPE & MAINTENANCE CORPORATION Bidder S /THOMAS J. OLSEN, PRES. THOMAS J. OLSEN, PRESIDENT 0 0 Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, ACCURATE LANDSCAPE & MAINTENANCE CORPORATION. as bidder, and INDEMNITY COMPANY OF CALIFORNIA , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF THE CONTRACT AMOUNT Dollars ( $ 5,382.43), 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 GREEN ACRES RECLAIMED WATER PROJECT BONITA CREEK PARK IRRIGATION IMPROVEMENTS C -3055 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 to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing of Notice of Award to the above bounded bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, 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 31ST day of LILLY, 1995. (Attach acknowledgement of Attorney -in -Fact) Mary P. Martignoni Notary Public August 11, 1995 Commission Expires ACCURATE LANDSCAPE & MAINTENANCE CORPORATION Bidder S /THOMAS J. OLSEN, PRES. THOMAS J. OLSEN, PRESIDENT INDEMNITY COMPANY OF CALIFORNIA Surety By: S /LES M. MANTLE Title: LES M. MANTLE, Attorney in Fact • 0 Page 6 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 190 -195 City of Diamond Bar Bob Rose 909 - 860 -2489 '90 -'95 City of San Dimas Mark Rudy 909 - 394 -6272 '90 -'94 City of Moreno Valley Paul Valdez 909 - 243 -3484 '93 -'94 City of Orange Howard Morris 714 -744 -7273 '93 -'95 Irvine Ranch Water District Gregg Herr 714- 453 -5300 same same Alex Aneris 714- 453 -5300 same same Gabriel Vargas 714 - 453 -5300 ACCURATE LANDSCAPE & MAINTENANCE CORPORATION Bidder S /THOMAS J. OLSEN, PRES. THOMAS J. OLSEN, PRESIDENT 0 NOTICE 41 Page 7 The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing the Notice of Award to the successful bidder: PAYMENT BOND (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12,13 &14) CONTRACT (pages 15 & 16) WORKERS' COMPENSATION INSURANCE CERTIFICATION (page 17) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and Faithful Performance Bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. and (3) meeting the Policyholder's Rating and Financial Size Category criteria in the paragraph below. Insurance Companies affording coverage and sureties issuing bonds shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accord with the latest edition of Best's Ke Rating Guide: Property - Casualty, except as modified by the Special Provisions. 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, except as modified by the Special Provisions. Page 10 *THFUL PERFORMANCE. BOUP Bond No. 185599P Premium: $1,076.00 Z. KNOW ALL MEN BY THESE PRESENTS, That EXECUTED IN 4 COUNTERPARTS WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted AUGUST 14. 1995 has awarded to ACCURATE LANDSCAPE & MAINTENANCE CORPORATION hereinafter designated as the "Principal', a contract for QHEEN ACRES PROJECT - BONITA CREEK PARK IRRIGATION. IMPROVEMENTS. CQNTRACT NO. C -3055 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; c � as Principal Indemnity Company of California as Surety, are held and firmly found unto the City of Newport Beach, in the sum of FIFTY -THREE THOUSAND EIGHT HUNDRED & TWENTY -FOUR & 29/100 Dollars ($ 53,824.29). said sum being equal to 100% of the estimated amount of the contract, to be paid to said City or its certain attorney, its successors and assigns; for which payment well and truly 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, conditions and agreements in 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 1110 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. *PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE* Page 11 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 of any such change, extension of time, alterations or additions 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 18th day of August � 19 95, ACCURATE LANDSCAPE & (Seal) Authorized Signature and Title Indemnity Company of California (Sea 11. Name of Surety 6333 Greenwich Dr., Suite 210 San Diego, CA 92122 Address of Surety Signature and Title of Authorized Agent Les M. Mantle, Attorney in Fact c/o Lesron Insurance Agency, Inc. Address of A nt 1440 V. Harbor Blvd., 1610 Fullerton,CA 92635 714 -441 -2722 Telephone Number of Agent CALIFORNIA ALL- PURPOSACKNOWLEDGMENT • fOn 7of California orange 8 -18 -95 before me, Angel - Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Les M. mantle NAMES) OF SIGNER(S) No. 5907 17 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(a) whose name(g) is/x subscribed to the within instrument and ac- knowledged to me that he/ executed the same in his authorized capacity(#, and that by his/ AHY ANGEL signature(g) on the instrument the person(g), { r., '.. ,Ytpi3ll#O �GLKONMA s or the entity upon behalf of which the orvwkc uwy 61piMAug it, i person( acted, executed the instrument. It `ii`rntr amn. WITNESS my hand and official seal. 51 ATURE OF NOTA OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(ES) Indemnity Company of California DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 • Page 8 B ND Bond No. 185599P Premium: $1,076.00 EXECUTED IN 4 COUNTERPARTS KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted AUGUST 14 1995 has awarded to ACCURATE LANDSCAPE & MAINTENANCE CORPORATION hereinafter designated as the 'Principal ", a contract for GREEN ACRES PROTECT - BONITA CREEK PARK IRRIGATION IMPROVEMENTS CONTRACT NO. C -3055 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions,'or other supplies used in, upon, for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We ACCURATE LANDSCAPFw & MAINTENANCE CORPORATION as Principal, and Indemnity company of California as Surety, are held firmly bound unto the City of Newport Beach, in the sum FIFTY -THREE] HOUSAND EIGHT HUNDRED & TWENTY -FOUR & 29/100 Dollars ($ 53,824.29), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly 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 or other supplies, used in, upon, for, or about the performance of the work contracted to he dine, 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. *PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE* C 0 Page 9 The bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond as required by the provisions of Section 3247 et seq. of the Civil 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 the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the deafh 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 18th day of August 1995 ACCURATE LANDSCAPE & (Seal) Name Authorized Authorized Signature and Title Indemnity Company of California Seal J (S } Name of Surety 6333 Greenwich Dr., Suite 210 San Diego, CA 92122 Address of Surety Signatuf'e and Title of Authorized Agent Les H. Mantle, Attorney in Fact c/o Lesron Insurance Agency, Inc. Address of Agent 1440 N. Harbor Blvd., 1610 Fullerton, CA 92635 714 - 441 -2722 Telephone Number of Agent CALIFORNIA ALL- PURPORACKNOWLEDGMENT • F California orange 95 before me, Mary Angel - Notary Public DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Les M. Mantle NAMES) OF SIGNER(S) G personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose name(g) is/xm subscribed to the within instrument and ac- knowledged to me that he/ZXMUW executed the same in his authorized capacity(, and that by his / * ?AR'f ANGEL signature(g) on the instrument the person(g), or the entity upon behalf of which the oFI41GECOtAm person( acted, executed the instrument. Aug. 11, 104 WITNESS my hand and official seal. ATUREAM � OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Indemnity Company of California DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 POWER OF ATTORNEY OF I NITY COMPANY OF CALIFOIRA AND DEVELOPERS INSURANCE COMPANY N2 173536 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263 -3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue Ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s) -In -Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ** *Les M. Mantle, Matthew R. Dobyns, jointly or severally * ** the true and lawful Attorney(s) -In -Fact, to make, execute, deliver and acknowledge. for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s) -In -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s) -In -Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds. insurance company qualifying bonds, self- insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as Of September 24,1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the aborney(s) named in Me Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assts - tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney: RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By . LilwiftZ By Dan NF Vincenti, Jr. Dan F. Vincenti, Jr. resident pOMpP aqf On President Pe \NaUg4M1 z aCT. 3, n MsR. 21, p ATTEST � 1961 o ATTEST i IBiD x D By VV4 M1�' /rroRa` +� By Fes Wr�'^ Walter Crowell — Walter Crowellr Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTYOFORANGE ) On April 1, 1993, before me, Tiresa Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r� OFFICIAL SEAL Signature TIRESATAAFUA NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN » ORANGEC A UN My Comrtiasian Erp. Aup. 4, 1995 ,• �N�MM�MNM�N CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY QFCALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in.!ylfrorr-e antl has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in tome as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 18th day of AMMASt '1995 . INDEMNITY COMPANY OF CALIFORNIA /J/ �7� By — NPANY " \04g4FaS,1^ z 00 . 5, �ni OFR��i Senior L.C. Vic P ee ID -310 REV. 4/93 DEVELOPERS INSURANCE COMPANY 9 tNSUq� By L.C.C. FleDiger d n Iere Senior Vice President r- <r ..... s ; �v r . ISSUE DATE (MMDDA'Y) r rhY% PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE BOYD # BARTON & ASSOCIATES DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Insurance Services POLICIES BELOW. P. O. Box 485 COMPANIES AFFORDING COVERAGE Tustin, CA 92681 -0485 COMPANY A Transcontinental Insurance Co. LETTER COMPANY B Great States Insurance Company INSURED LETTER Accurate Landscape LEO°ITPEAR"Y C & Maintenance Corp. 1910 Lime St COMPANY D Orange, CA 92665 TLK �R E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ` INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAX HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTA DATE (MWDDYY) DATE (MMIDD,IM GENERAL LIABILITY GENERAL AGGREGATE E 1,000,000 X COMMERCIAL GENERAL LIABILITY TY PRODUCTSOMP/OP AGG. S 1,000,000 A CLAIMS MADE OCCUR. 1031851M8 10%01/94 10101/95 PERSONAL & ADV. INJURY E 1,000,000 X OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE E 1,000,000 X Personal Injury FIRE DAMAGE (AM one lire) E 50,000 MED. E)(PENSE(Any one Person E 51000 AUTOMOBILE LIABILITY COMBINED SINGLE E ANY AUTO LIMIT 1,000,000 ALL OWNED AUTOS GODLY INJURY E A X SCHEDULED AUTOS C131852287 10/01/94 10/01/95 (Per Pereoe) X HIRED AUTOS BODILY INJURY E X NON -OWNED AUTOS (Pef 8o°Benl) GARAGE UABILN'Y PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE E AGGREGATE E OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH E 11000,000 B ND GWN100798 -95 02/10 /95 02/101% DISEASE--POLICY LIMIT E 1,000,ti00 EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE IS 1,000,000 OTHER DESCRIPTION OF OPERATIONMOCAMOWVENK:LES/SPECIAL ITEMS All operations perforated for the City of Newport Beach by or on behalf of the named insured in connection with, but not limited to the following contract: G.A.P.-Bonita Creek Park Irrigation Improvements, Contract C -3055 ... :.... .:... :..... ... ,9 f,.a': rr:s..6yc'a�...:H <u: "�s`r w� p>:usw Hl;:: %:, �.v.�,.v.)"•vs., SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL )BIMMIGigMax9D Attn: Michael J. Sinacori MAIL 30 DAYS WRITTEN NOT TO THE CERTIFICATE HOLDER NAMED TO THE P.O. Box 1768 x: LEFr• NK1Wara6 1%W1 1XKX X*2RWX Q XVR 3300 Newport Blvd. imam= LVN1I&ELqV9V=X Newport Beach, CA 92658 -8915 AUTHORrZED R E 4. 000231 < Page 13 CrrY OF NEWPORT REACH AU10HOMM LIABILITY Z15MRANCE ENDORSED It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile 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 orregisfered in the name of an additional insured, or (2) leased or ratted by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall 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 M the limits of liability of the company affording coverage." 3. The limits of liability under Oils endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: (j Multiple Limits Bodily Injury Liability $ U0,000 per person Bodily Injury Liability $ 1.000,000 per accident Property Damage Liability $x,000.000 [ Xj Combined Single Limit Bodily Injury Liability $ 1.000,NN and Property Damage Liability The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for oil 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 non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department S. Designated Contract: QA P. - 801- TA CREEK PARK MEIGA110N j MQV EM C -3055 Project Title Contract No. This endorsement is effective August 17, 1995 at 12:01 A.M. and forts part of Policy No. C131852287 of (Company Affordi a e) Insured Accurate Landscape & Maintenance Endorsematt Corp. Issuing Company Boyd *Barton & .Assoc. By (A orired Representative) Page 14 tTV OF NEWPORT BEACH GENERAL IJABrr.1TV INSURANCE Eta =DO S MENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport beach its officers and employees are additional insureds but only with respect to liability arisirtr out of operations performed by or on behalf of the named insureds In connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional Insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. . 2. The policy includes the following provision: `Ihe insurance afforded by the policy applies se arately to each insured against whom daim is made or suit is brought, except with respect to the limits of the lisbillty of the company affording coverage 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 contained 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 exclusitms, if any, pertaining to the explosion hazard, collapse hazard and undergrourxf property hazard (commonly referred to as "XCU" hazards) are deleted. S. The limits of liability under this endorsement for the additional insured(s) named in paragraph I of this endorsement shall be the limits indicated below written on an "Occurrence" basis: [l{� Commercial [ j Comprehensive General Liability $ 1,000.000 each occurrence $ 1.000A00 _each occurrence The applicable limit of the Contractual Liability for the company affording coverage shalt be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the.policy as applicable to Genpral Liability Insurance. 6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract:-G.A.P. - BONMA CREEK PARK IRRIGATION 1MPROVEMRN'15 C ans5 Project Title Contract No. This endorsement is effective August 17, 1995 at 12:01 A.M. and forms part of t Affording Insured Accurate Landscape & Maintenance Corp. Issuing Company' Boyd *Barton & Assoc. Representative) 0 CONTRACT • Page 15 THIS AGREEMENT, entered into this day of 19-95, by and between the CITY OF NEWPORT BEACH, her after "City," and ACCURATE LANDSCAPE & MAINTENANCE CORPORATION hereinafter "Contractor," is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: G.A.P. - BONITA CREEK PARK IRRIGATION IMPROVEMENTS C -3055 Title of Project Contract No. (b) Contractor has been determined by City to be the lowest responsible 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: G.A.P. - BONITA CREEK PARK IRRIGATION IMPROVEMENTS C -3055 Title of Project 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 FIFTY -THREE THOUSAND EIGHT HUNDRED & TWENTY -FOUR & 29/100 ($ 53,824.29) This compensation includes (1) any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 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 Endorsements(s) (f) Workers' Compensation Insurance Certification • 0 Page 16 (f) Plans and Special Provisions for GREEN ACRES PROJECT - BONITA CREEK PARK IRRIGATION IMPROVEMENTS C -3055 Title of Project Contract No. (g) This Contract. 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 proximately 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 a municipal corporation John Hedges, Mayor ATTEST: Wanda Raggio, APPROVED AS TO FORM: Robin Clausen, Assistant City Attorney CONTRACTOR: ACCURATE LANDSCAPE & MAINTENANCE CORPORATION Name of Conyactor (Principal) and Title Authorized Signature and Title • i Page 17 WORKERS' COMPENSATION INSURANCE CERTIFICATION " I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Date ACCURATE LANDSCAPE & MAINTENANCE CORPORATION Name of Contractor (Principal) GREEN ACRES PROJECT BONITA CREEK PARK IRRIGATION IMPROVEMENTS C -3055 Title of Project Contract No. r � L_J • • • TO: Mayor & Members of the City Council FROM: Public Works Department August 14, 1995 CITY COUNCIL AGENDA ITEM NO. 19 SUBJECT: GREEN ACRES RECLAIMED WATER PROJECT, BONITA CREEK PARK IRRIGATION IMPROVEMENTS AWARD OF CONTRACT (CONTRACT NO. C -3055) RECOMMENDATIONS: Find that the lowest bidder, Accurate Landscape & Maintenance Corporation, can meet the requirements for completing the proposed contract work and declare them the 'low bidder ". 2. Award Contract No. C -3055 to Accurate Landscape & Maintenance Corporation of Orange, in the amount of $53,824.29. 3. Authorize the Mayor and the City Clerk to execute the contract on behalf of the City. DISCUSSION: At 2:30 p.m. on August 3, 1995, the City Clerk opened and read bids for the subject project. A summary of the results are listed below and a more detailed itemized bid summary is attached as Exhibit "A ": Rank Contractor /Bidder Total Bid Price low Accurate Landscape & Maint. Corp., Orange $53,824.29 2 Toyo Landscaping, Garden Grove 68,982.83 3 EST Associates, Riverside 71,411.00 4 Marina, Irvine 85,302.50 5 Mentone Turf Supply, Mentone 88,735.00 The low bid was 34 percent below the Engineer's Estimate of $82,000.00. This is primarily due to the current competitive construction market. Page 2 Green Acres Reclaimed Water Project Bonita Creek Park Irrigation Improvements August 14, 1995 PROJECT DESCRIPTION: The Orange, County Water District (OCWD) is the groundwater • basin manager for mot of northern Orar4e 4ounty. Approximately 70 percent of the northern kiud central Orange Courity cities and water districts ..,.. pump water from wells in 1s�asm. rri "aii effort to conserve water supply and protect the groundwater basin, OCWD initiated the Green Acres Reclaimed Water Project. OCWD is a national leader in reclamation and serves as a model agency for other drought- stricken communities. In 1985, OCWD requested the City of Newport Beach to consider potential expansion of the Green Acres Project. After almost ten years of study and design, the expansion into Newport Beach now appears imminent. It is estimated that by Summer 1998, Newport Beach could have a fully operational reclaimed water system. The total OCWD Green Acres Project costs are approximately 50 million dollars. Most of the costs are being funded by OCWD and a low - interest loan from the State of California, authorized by the State Water Resource Control Board. On -site retrofitting for each of the potential reclaimed water users will be jointly funded by OCWD and the reclaimed water users. The cost of reclaimed water for each user will be set by agreement at 80 percent of current potable water cost. • General Services, Community Services and Public Works Department Staff jointly reviewed irrigation requirements and other improvements to successfully convert the park to reclaimed water use in anticipation of the Green Acres Project. THE LOW BIDDER: The low bidder, Accurate Landscape & Maintenance Corporation, is a landscape and maintenance contractor licensed to do business in California. This company has successfully completed construction projects for Irvine Ranch Water District and the cities of Diamond Bar, San Dimas, Moreno Valley and Orange. The low bidder, Accurate Landscape & Maintenance Corporation, failed to submit the one Addenda with their bid on the contract. The Addenda related to minor construction procedure clarifications. The Addenda would not affect the bid enough to make up the difference between the first and second low bidder. The low bidder, Accurate Landscape & Maintenance Corporation, did provide the signed • Addenda upon request and has agreed to the minor clarifications. Based on the language in the Addenda, the City Council could reject the bid of Accurate Landscape & Maintenance Corporation as non- responsive. However, the City Attorney has advised that the Council has the authority to waive the failure to attach the Addenda as a minor irregularity since there was no competitive advantage gained by the apparent low bidder and the low bidder complied with the directions in the Addenda. • Page 3 Green Acres Reclaimed Water Project Bonita Creek Park Irrigation Improvements August 14. 1995 • Reference checks on their recent projects revealed a number of comments favorable to their ability to perform the work in an efficient manner. Accurate Landscape & Maintenance Corporation's insurance policies and bidder's bonds meet the City's requirements. Staff believes that the Contractor is able to complete the proposed work satisfactorily. PROJECT COSTS & SCHEDULE: The low bid contractor's price for the proposed project was $53,824.29. This price is 34 percent below the engineer's cost estimate of $82,000.00. Because of the difficult economic conditions and the lack of City park improvement funds, OCWD has agreed to fund the Reclaimed Water Retrofit as part of the Green Acres Project. Because of the bankruptcy and OCWD's staff limitations, the formal agreement authorizing these expenditures has not been executed. In the interim, City funds will be expended for the retrofitting. The other Irrigation and Landscaping Improvements will be funded by the City. Funds for this portion of work are approved in the 1995/96 Capital Projects Budget and are available in the Building Excise Tax Capital Project Fund • Account No 7271- C4120285. Upon award of contract, this project's anticipated completion date is September 28, 1995 (45 calendar days from the date of award). CONCLUSION: The bid price is very favorable in that it was well below the construction cost estimate. Staff believes the contractor can complete the project satisfactorily with the required inspection and recommends award to the low bidder, Accurate Landscape & Maintenance Corporation. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director • By: Miciiael J. Sinacori, P.E. (Acting) Utilities Director MJS:sdi Attachments: Exhibit "A ", Itemized Bid Summary Exhibit "B Bonita Creek Park Irrigation Improvements N W O a U) w F z� Q w m Z ^O^ L. ww zq O� O �3 U_ M� ^W^ W 0 O Q 0 O n7 W F F O x T w U v w ° Q a � w p Q oz N W U Lu Z w F OU w 6E. 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IrI g mw /s..� �� zm 1lI i�` �,� z3 , �6 pr co am wNw ip. ,il w WL W Lad \. I =aiB ac Z O r Ise, '•; 14 �p J jt1 I�ilj sit ' ., Ulf I It 1 z i' i I\ I k �� �)�ii� • � S � I T I / 1 v v o l ° I it I N H z W LU W i O a z 0 H U K Y a Y W W U I- z O m m h • • 6 July 10, 1995 CITY COUNCIL AGENDA ITEM NO. $i2U TO: Mayor & Members of the City Council FROM: Public Works Department SUBJECT: GREEN ACRES RECLAIMED WATER PROJECT, BONITA CREEK PARK IRRIGATION IMPROVEMENTS (CONTRACT No. C -3055) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids for construction of the project. a. Bids to be opened at two thirty o'clock in the afternoon, (2:30 p.m.) on August 3`d,1995, at the office of the City Clerk. GREEN ACRES RECLAIMED WATER PROJECT OVERVIEW: The Orange County Water District (OCWD) is the groundwater basin manager for most of northern Orange County. Approximately 70 percent of the northern and central Orange County Cities and Water Districts pump water from wells in this basin. In an effort to conserve water supply and protect the groundwater basin, OCWD initiated the Green Acres Reclaimed Water Project. (Refer to Exhibit "A" attached). OCWD is a national leader in reclamation and serves as a model agency for other drought- stricken communities. In 1985, OCWD requested the City of Newport Beach to consider potential expansion of the Green Acres Project. After almost ten years of study and design, the expansion into Newport Beach now appears imminent. It is estimated that by summer 1998, Newport Beach could have a fully operational reclaimed water system. The total OCWD Green Acres Project costs are approximately 50 million dollars. Most of the costs are being funded by OCWD and a low- interest • loan from the State of California, authorized by the State Water Resource Control Board. On -site retrofitting for each of the potential reclaimed water users, (see attached Exhibits "B" and "C "), will be jointly funded by OCWD and the reclaimed water users. Cost of the reclaimed water for each user will be set by agreement at 80 percent of current potable water cost. POP) • Page 2 Green Acres Reclaimed Water Project Overview Bonita Creek Park Irrigation Improvement Project July 10`, 1995 BONITA CREEK PARK IRRIGATION IMPROVEMENT PROJECT The approved 1994/95 capital project budget included a $5,000 • project to review irrigation deficiencies at Bonita Creek Park. This study was a precursor to the irrigation improvement work currently proposed. General Services, Community Services and Public Works Department Staff jointly reviewed irrigation requirements and other improvements to successfully convert the park to reclaimed water use in anticipation of the Green Acres Project. The General Services Staff identified Capital Projects that were approved for the 1995 /96 fiscal year budget. These project recommendations included a $60,000 expenditure for Bonita Creek Park Irrigation Improvements, which did not anticipate the additional capital requirements related to delivery of reclaimed water. With those additional capital requirements, the total estimated project costs for the Bonita Creek Park Irrigation Improvement Project is $125,000. The following table summarizes the various work efforts required. Bonita Creek Park Improvement Project • Engineers' Cost Estimate Item Reclaimed Water Retrorit Improvements Amount Reclaimed water meter and piping $23,000 New domestic water meter and piping 15,500 Irrigation piping and modifications 24,000 Reclaimed water use signs and tags 2,500 Subtotal Reclaimed Water Improvements $65,000 Irrigation and Landscaping Improvements Replace various sprinkler heads and control valves $22,000 Gypsum (fertilizer) Injection System 21,000 Improve berm and other miscellaneous landscaping 17,000 • Subtotal Landscaping Irrigation Improvements $60,000 Total Estimated Project Cost $125,000 Page 3 Green Acres Reclaimed Water Project Overview Bonita Creek Park Irrigation Improvement Project July lo'", 1995 • STAFF RECOMMENDATION, SCHEDULE & FUNDING: Because of the difficult economic conditions and the lack of City park improvement funds, OCWD has agreed to fund the Reclaimed Water Retrofit as part of the Green Acres Project. The other Irrigation and Landscaping Improvements are proposed for funding by the City. Funds for this portion of work was approved in the 1995/96 Capital Projects Budget and are available under Building Excise Tax Capital Project Fund Account No 7271- C4120285. The contract allows 45 calendar days to complete the work as planned and work is anticipated to start on August 21st, 1995. The construction schedule will be dictated so that work will be done during morning and early afternoon hours to reduce impacts on park use. On June 6'', 1995, the Green Acres Reclaimed Water Project and Bonita Creek Park Irrigation Improvements Project were presented and reviewed at the Parks, Beaches and Recreation Commission. The Commission unanimously approved the City's continued involvement with the Green Acres Project and the planned improvements to Bontia Creek Park. is The General Services, Community Services and Public Works Department Staffs jointly recommend approval of the Bonita Creek Park Irrigation Improvement Project. Respectfully submitted, Michael J. Sinacori, P.E. (Acting) Utilities Manager MJS:sdi • Attachments: Exhibit "A", Green Acres Project Service Area. Exhibit "B ", Potential Users in Newport Beach. Exhibit "C ", Summary of Probable Potential User Demands. Exhibit "D ", Bonita Creek Park Irrigation Improvements • • x w l; i N. T. S. BAYVIEW COUNTY PARK EASTBLUFF MIDDLE SCHOOL EASTBLUFF PARK s% EAS78LUFF COMMUNITY GREENBELT (3 METERS) CORONA DEL MAR — HIGH SCHOOL ST. MARK'S CHURCH EXISTING GREEN ACRES PROJECT - PHASE I PIPELINE PIPELINE ALIGNMENT JAMBOREE MEDIANS - 77 METERS (TYP.) BONITA CREEK PARK EAST SLOPE OF EASTSLUFF DRIVE BASSWOOD PARK IFIF I x x w SMALL GOLF 0 kA14 COURSE m �� HEM BIC CANYON GOLF COURSE (2 METERS) NEWPORT BEACH COUNTRY CLUB FsLAND s r„ C NEw OR COq ENTER k FASHION ISLAND MANAGEMENT GRANVILLE APARTMENTS tiw °�"r (5 METERS FIGURE NO. 1 POTENTIAL USERS ASL Consulting Engineers ORANGE COUNTY WATER DISTRICT GREEN ACRES PROJECT i • w ;J W z C7 I— 7 7 k w z Z O U J N G • O W S O W ¢ cr z z W 2 W ¢ w d W Cn I to n O n p O (O O O O O O (D O c O ID O c O O O O c O to O c Z W O J ¢ � U n. ° r z z o LLI = O r N N O O N C O C C O h Q W O j N ^ r W m ° W = w U_ ¢ Q ¢ N y U a ° LL, 3: ¢Ow N LLJ Z Q wQ H Q z Q W O O O c O O O O c O c O N O O O O O D O D o O O O O O O CL 0 �3 CL O O N LO O r. ^ ^ WF- Z O 'L< aw Z w a a QO- m ~ U w Z Qm W W UJ ¢ 0 z0 a W �GIL<L Q W W O m N O_ O O n O c c c O O N co r tO .- to ^ M �' cn ft Z O c n n tO N N N N w ¢ O W CL a a � = < � `m y ° E E rj o a U o ti tO ¢ r, c7 o d - 0 c' W c o s _m ° E U U ? o s H ) - m o- U E E L d 5°' C, a G m G O m 0 U U) tv IL U m (j O U> d y 3 N Y ° o � d N rn m z W U m W (n W m W (u m N U H m W w ;J W z C7 I— 7 7 k w z Z O U J N G • 0 w >_U K W �o Y (J Q F UI° WQ a 3 0 V w nZZ UVW \Z n> NZ y°> Wive N� J xa w 3 .r [,, W W cc U Q Z O m T O Z MW I.i 7 ll. 11111Al 050000 cZ LLJ N C W O CL C a .r C Z W F Q U_ C m •r � N � C Q CL O Y U W W w J N Q Q Z 0 m 0 t X W Authorized to Publish Adsortlsements of all kinds ing public notices by Decree of the Superior Court of Orange County, Somia. Number A•6214, September 29, 19.61, and A•24831 June 11, 1967. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; l 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 NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City_of Costa Mesa, County of- Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: July 20, 26, 1995 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 26 , 199 5 at Costa Mesa, California. Signature VA 0