Loading...
HomeMy WebLinkAboutC-3149 - Bayside Drive Park RenovationCI1Y OF NEWPORT AACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 30, 1998 Green Giant Landscape, Inc. 631 South Palm Street, E La Habra, CA 90631 Subject: Contract No. 3149 - Bayside Drive Park Renovation On September 14,1998, the City Council of Newport Beach 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 of Completion was recorded by the Orange County Recorder on September 25, 1998 - Reference No. 19980647349. The Surety for the contract is American Motorists Insurance Company, and the bond numbers are 3SM 888 274 00 and 3SM 913 969 00. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Horst Hlawaty, Construction Engineer encl. 3300 Newport Boulevard, Newport Beach • (SAGE 4 CITY. OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Bond: t3SM 888 274 00 BAY'Sf�IVE PARK RENOVATION CONTRACT NO. 3149 BIDDER'S BOND Wa,lh dndersigned Principal and Surety, our successors and assigns, ©xecutors. heirs and adminisl,04 ie, agree to be Jointly and severally held and firmly bound to the City of Newport Seabh; A charter city, ih;`tM principal sum of Nine Thousand Five HundreO.illars ($_11500.00 ); to be paid and foffeitdd to the City of Newport Beach ii the bid proposal of the undersigh6d Principal for the congtruetion of Bayside Drive Park Renovation, Contract No. 3149 in the City df.N000rt Beach, is'aRCspted,by the City Council of the City of Newport Beach and the propa$ed: udntract is awardetif o the,Principal, and the Principal fails to duly enter into and execute thei'(�qntxact Document$ fa .the 'construction of the project in the form required within ten days (.10) (npt including Saturday,, Sunday, and federal holidays) after the date of the mailing of N61169 of Award; otherwrfse this• obligation shall become null and void. * 6 NO /100ths if Me UtWsreigneci Principal gxecdting this Bond is r;xecuting this Bond as an individual, it is agreed ; thut -the . death of, ,sny- such Principal shall not exonerate the Surety from its obligations rMctskr is Bond. Wittii>iowow hands this 21st ¢ay of _,. rii 19 98 Green Giant Landsca�e_Inc r, , VA&fJJAd41 t 2L:GS.,J'T Name otCotttri3Op';(Principal) Authorized IgnaturelTitle T— Telephone Authorized Agent ig atur Michael E. Cund ff Attorney —in —fact _ Print Name and Title T 010tatYy,aaknow10g M71t df P)Oneipal & Surety must be attached) CALIFORNIA ALL - P030SE ACKNOWLEDGMEN* State of California County of Orange On APR 2, 1, ' �° before me, Susan E. Morales/Notary Public NAME, TITLE OF OFFICER personally appeared Michael E. Cundiff NAME OF SIGNER ® Personally known to me - or - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in SUSAN E. MORALES I� hislherltheir authorized capacity(ies), and that by hislherltheir COMM. #1166606 F ^�� NOTARY PUBLIC•CALIFORNIAO signature(s) on the instrument the person(s), or the entity upon ORANGE COUNTY N My Comm. Ex D. Dec. 25, 2001 behalf of which the person(s) acted, executed the instrument. - � WITNESS m, yhand and official sea/ll... _ J p Lc2 o» Z. M'77 cY�a (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR n OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Bond(s) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT None SIGNER OTHER THAN NAMED ABOVE llcemr, ER. ! • Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, (hereinafter called the "Company ") a corporation organized and existing under the laws of the State of Ilinois, and having its principal office in Long Grove, Illinois, does hereby appoint Michael E. Cundiff of Orange, California " " "..... " " " *.... its true and lawful agent(s) and attorney(s) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS ($1,000, 000. 00) ............................................... ............................... EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company on February 23, 1988 at Chicago, Illinois, a true and accurate copy of which are hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED. That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: NOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this January 1, 1994. Attested and Certified: Robert P. Hames. Secretary by American Motorists Insurance Company S a.r, f�' J. S. Kemper, III, Exec.Vice President • • PAGF 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARK RENOVATION CONTRACT NO. 3149 BOND NO. 3SM 913 969 00 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Green Giant Landscape, Inc. hereinafter designated as the "Principal," a contract Bayside Drive Park Renovation, Contract No. 3149 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3149 and the terms thereof require the furnishing of a bond, providing that K Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or tabor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and. American Motorists Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of Seventy -One Thousand Two Hundred Forty & 75/ 100ths Dollars ($ 71, 240.75 ), lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. LJ • PAGE 16 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 12th day of May 119 98. Green Giant Landscape, Inc. Name of Contractor (Principal) American Motorists Insurance Company Name of Surety 7470 N. Figueroa Blvd. Los Angeles, CA 90041 Address of Surety 714) 771 -4701 Telephone Authorized Signature/Title Attorney -in -fact Print Name and Tole NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL - PIMPOSE ACKNOWLEDGMENO State of California County of Orange On /r) 1�2, l 9 961 before me, Susan E. Morales/Notary Public NAME, TITLE OF OFFICER personally appeared Michael E. Cundiff NAME OF SIGNER ® Personally known tome • or SUSAN E M ORALES ' COMM. #1166606 i NOTAR'! PUBLIC -CALIFORNIA 3 3 ORANGE COUNTY my Comm. En. Dec. 25, 2061 ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. _auAam -I—. %7)0�1/�o (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT TRUSTEE(S) O GUARDIAN /CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bond(s) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT American Motorists Insurance Company None SIGNER OTHER THAN NAMED ABOVE PUMPER. � Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, (hereinafter called the "Company ") a corporation organized and existing under the laws of the State of Ilinois, and having its principal office in Long Grove, Illinois, does hereby appoint Michael E. Cundiff of Orange, California " " " "...... " " " " " " " " " " "" " " "" its true and lawful agent(s) and attomey(s) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all ponds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS ($1, 000.000. 00).......» .............»..................»... ............................... EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company on February 23, 1988 at Chicago, Illinois, a true and accurate copy of which are hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: 'VOTED, That the signature of the Chairman of the Board. the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company" In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this January 1, 1994. Attested and Certified: -"may American Motorists Insurance Company Robert P. Hames. Secretary by nr- J. S. Kemper, III, Exec.Vice President 0 BOND PREMIUM BASED ON FINAL CONTRACT PRICE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARK RENOVATION CONTRACT NO. 3149 BOND NO. 3SM 913 969 00 FAITHFUL PERFORMANCE BOND (The premium charges on this Bond is being at the rate of $ 20.00 thousand of the Contract price. PAGE 17 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Green Giant Landscape Inc. hereinafter designated as the "Principal ", a contract for Bayside Drive Park Renovation, Contract No. 3149 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS. Principal has executed or is about to execute Contract No. 3149 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract, NOW, THEREFORE, We, the Principal, and American Motorists Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Seventy -One Thousand Two * Dollars ($ 71,240.75), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truty to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. *Hundred Forty & 75 /100ths THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or faits to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. • 0 PAGE 18 Surety, for value received, stipulates and agrees that no change, extension of time. alterations or additions to the terms of the Contrail or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 12thday of May 1998, Green Giant Landscape, Inc. Name of Contractor (Principal) American Motorists Insurance Company Name of Surety 7470 N. Figueroa Blvd. Los Angeles, CA 90041 Address of Surety 714) 771 -4701 Telephone Authorized Signaturelritle Attorney -in -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL - P&OSE ACKNOWLEDGMEN49 State of California County of Orange On /10 =/0, lq 98 before me, Susan E. Morales/Notary Public NAME, TITLE OF OFFICER personally appeared Michael E. Cundiff NAME OF SIGNER ® Personally known to me - or - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir ...... —.._ -- SUSAN E. MORALES I� =�; ^ COMM. 01166606 signature(s) on the instrument the person(s), or the entity upon 1 NOIARY rU ORANGE COUNTY LIFURNlA3o behalf of which the person(s) acted, executed the instrument. ro p,ty comm. Esp. Dec. 25, 2001 WITNESS my hand and official seal. juoain -I— . mc,7 /_eo (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bond(s) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT American Motorists Insurance Company None SIGNER OTHER THAN NAMED ABOVE • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the County of Orange, California Gary L. Granville, Clerk /Recorder 11111111111111111111111 No Fee 19980647349 2;01pm 09/25/98 005 14019726 14 23 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recordin pursuant to Government Code % ees ection 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Green Giant Landscape, Inc. of La Habra, California, as Contractor, entered into a Contract on May 11, 1998. Said Contract set forth certain improvements, as follows: Bayside Drive Park Renovations, C -3149. Work on said Contract was completed on August 25, 1998, and was found to be acceptable on September 14, 1998, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Motorists :37 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 ,r ,5 / q q p BY City Clerk at Newport Beach, California. . September 14, 1998 CITY COUNCIL AGENDA ITEM NO. 4 BY THE C1W COUNCIL TO: Mayor and Members of the City Council S FROM: Public Works Department SUBJECT: COMPLETION AND ACCEPTANCE OF DRIVE PARK RENOVATIONS — CONTRACT NO. 3149 1,J 0 a h 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. 0 DISCUSSION: On May 11, 1998, the City Council authorized the award of the Bayside Drive Park Renovation contract to Green Giant Landscape, Inc. of La Habra, California. The contract provided for the removal and replacement of asphalt concrete walkways with Portland cement concrete walkways, removal of deteriorated playground equipment, and the construction of an enlarged tot lot area with concrete seat walls, new concrete benches, trash receptacles, a drinking fountain and modification to the landscape. The contract has now been completed, with the exception of a 60 -day maintenance period, to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $71,240.75 Actual amount of bid items constructed: 70,899.25 Total amount of change orders: 3,648.25 Final contract cost: $74,547.50 The decrease in the amount of actual bid items constructed over the original bid amount resulted from minor adjustments to bid item quantities. The final overall construction cost including change orders was 4.6% over the original bid amount. 0 SUBJECT: Completion And Acceptef Bayside Drive Park Renovations - Contract No.• ' September 14, 1998 Page 2 The following two (2) change orders were issued to complete the project: 0 A change order in the amount of $2,698.25 provided for the importation of additional soil, adding three additional trees and installing redwood headers. A change order in the amount of $950.00 provided for addition and mixing of a stabilizer to the decomposed granite for purposes of hardening the surface of the decomposed granite. Funds for the project were budgeted in the General Fund -Park in Lieu Account No. 7021 - C4120374 (Bayside Park Tot Lot Rehabilitation). All work with the exception of a 60 -day maintenance period was completed on August 25, 1998, well ahead of the September 15, 1998 scheduled completion date. Respectfully submitted, ( Dot Y PUBLIC WORKS DEPARTMENT Don Webb, Director 1] By /% Horst Hlawaty, P.E. Construction Engineer 1] I: �pmupS�WOwoiF .s�cwntilVy99- 99�sepl•tOWaysitle a3149.E �PS'T 9gySI�F ��� QJ4'� 9L�yG� A �19 J\� tio SFq` QJ� 9LF, SQL QJ� CRTY OF NEWPORT BERCH PUBLIC WORKS DEPRRTMENT BAYS I DE DRIVE PARK RENOVATION Mir 28 Pfr 1998 Sit N. T. S. M. GwciRl EXFII B I T CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 September 15,1998 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 (714) 6443005 RE: Notice of Completion for Bayside Drive Park RenovationsIG33491 Notice of Completion for Lido Isle Sewer Force Main Replacement (C -3183) Notice of Completion for Birch Street Overcrossing at Route 73 (C -2931) Resolution No. 98 -64 Please record the enclosed documents and return it to the City Clerk's Office. Thank you. Sincerely, / LaVonne M. Harkless, CMC /AAE City Clerk Attachments 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk MOO' Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Green Giant Landscape, Inc. of La Habra, California, as Contractor, entered into a Contract on May 11, 1998. Said Contract set forth certain improvements, as follows: Bayside Drive Park Renovations, C -3149. Work on said Contract was completed on August 25, 1998, and was found to be acceptable on September 14, 1998, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Motorists I _l7 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 I ,� (lE,r /— J 95 / q at Newport Beach, California. BY City Clerk °g�: Wednesday, Sept 9,1998 0 "REC AFTER AGENDA PRINTED." �: �i8 9 Mayor of Newport Beach and City Council Newport Beach City Hall Dear Mayor and Council Members: RECEIVED V SEP 11 P 4 :47 OFFICE OF THE CITY CLERK CITY OF t;F. WPORT BEACH I am informed by members of the Public Works Commission of Newport Beach that you will be discussing the completion of the Bayside Park renovation in your meeting on September 14th, 1998. All of the residents around the park and others who use the park are very unhappy about certain changes that have been made during the renovation process. However, we have been told by the City Attorney that the Public Works Commission will hear our complaints and suggestions about improvements for safety/noise and esthetics at an upcoming meeting of the Commission on October 6, 1998. The whole neighborhood surrounding the park plans to utilize this avenue of complaint and pursue others if that should prove unsatisfactory. I, however, along with my neighbors, Janet Rappaport and Dave Murray, would like to point out one oversight in the construction of the park for your information and consideration. I have taken pictures of the wall that was erected alongside my existing wall, both being located on the north side of the park. My existing wall is a salmon pink colored stucco. [See Exhibit A- side one, attached to this letter.] When I was informed by the City that they had plans to extend the wall across the gully area and put in a gate, 1 was assured that the City was going to build a matching stucco wall. However, as you can see from the pictures attached as Exhibit A- side one, only one side of the wall has been completed. That is the side that faces to the street. Notably, my living room, a sitting room, as well as, my patio and the living rooms of my neighbors now face an unsightly unfinished cinder block wall. [See Exhibit A - side two.] When I first moved into my house I had to complete the stucco wall along my backyard as it had been left undone by a bankrupt builder. I expended my own funds to finish the wall along my property, making sure to match the existing stucco wall. At the time it did not occur to me to leave the side facing my neighbors' houses undone simply because I would not see it. Rather, I made sure that the inside and the outside of the wall matched the existing stucco, color and architecture. I would expect that the City of Newport Beach in conducting a renovation project would, at a minimum, do the same. I am proud of my neighborhood and I would hope that the City would display the same pride by completing this wall so that it matches the existing stucco wall. Thank you for your time and consideration. Sincerely, X64 -_. Eric Parker Submitted on behalf oF. Eric Parker, Iris Avenue, Corona Del Mar Dave Murray, Jasmine Avenue, Corona Del Mar Janet Rappaport, Iris Avenue, Corona Del Mar page 2 11 tit tY i r I . .. ........ 1 131 It, All t ... ....... . . f I 1�: h9 R sX L ., �. M; m. Sri .,... e e 0 City Clerks PAGE 1 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 2:00 P.M. on the 24th day of April, 1998 , at which time such bids shall be opened and read for BAYSIDE DRIVE PARK RENOVATION Title of Project Contract No. 3149 $73,700.00 Engineer's Estimate Approved by Bill Patap f , qity Engineer Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Marla Matlove, Project Manager at (714) 644 -3322. PAGE 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARK RENOVATION CONTRACT NO. 3149 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. PAGE 3 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Contractor's License No. & Classification C)a.p� rnuan%i Ljff(APF, Bidder Ima+- 1 Authonz ign 4ure i tle 9 LZ4 Date / T PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARK RENOVATION CONTRACT NO. 3149 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address f� I /2 O Cozr oefMCfc 4h­y WAN 3. 4. 5. 6. 7. 8. 9. PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARK RENOVATION CONTRACT NO. 3149 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Completed Name /Agenc / y Person Telephone To Contact Number -270- 5 too 3 Rs -7n ''o�S2 -5283 9r CL, d1-A)d voe,1 OAQuti Z'2�"4 &x-,e4 IR -6t -331 qr GA., d/ /a t5 FA[cf ►pll 4,57',-e {nay -714 4loi- 3�S C'e-er,) G aN r Bidder 9/0 Lec o - 7/ - 34(o9 - r14 - 99A 5 PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARK RENOVATION CONTRACT NO. 3149 NON - COLLUSION AFFIDAVIT State of California ) ) ss. Countyof ot1A,1qL_) aio t - 1iLADe -xscrJ , being first duly sworn, deposes and says that he or she is of i,vee,� G,w.;z \_wroscAnc_ , the party making the foregoing bid; that the id is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall retrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true I and correct. V t`\ RPer3 C., Bidder Authoriz ignature/Title Subscribed and sworn to before me this day of 19. [SEAL] ry ubl /J ROSEMEIRE S91E60 REHOERSON My Co missio Expires: Comm.11119530 N 10799 W-CAIM • • Page PR -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BAYSIDE DRIVE PARK RENOVATION CONTRACT NO. 3149 To The Mayor and Members of City Council City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 3149 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following units prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization }ho'ut �- �%cPi 0% �01 @ Vw ortcn Dollars and rto Cents $ 3500.. °` $ -'3'500p, Per Lump Sum 2. Lump Sum Clearing and Grubbing t''oua. +Vn 'Js q An ON10t V�3�omo Dollars S ejl� N. and on Cents $ 491-1100 $ g 1-1 °° Per Lump Sum 3. 370 S. F. Construct 4" Thick PCC Sidewalk --kw Dollars and NO Cents $ 100 $ / / /O. °° Per Square Foot • • Page PR -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 2,935 S. F. Construct 6" Thick PCC Sidewalk @ �tnQrp Dollars and r ;f'ry Cents $ Per Square Foot 5. 95 S. F. Construct PCC Sidewalk W/Thick Edge @ - �tnio Dollars and Cents $ 3pe $ G' 5 'u" Per Square Foot 6. 10 Cubic Yard Place and Compact Decomposed Granite r @ Dollars and r.10 Cents $ 550:00 Per Cubic Yard 7. 95 Linear Foot Construct Masonry Seat Wall, Cap & Stucco Finish @ Dollars and N v Cents $ n e, $ 4-7 50 00 Per Linear Foot 8. 2 Each Construct Masonry Pilasters, Cap and Stucco Finish @ \)u,%Qct0 Dollars and NA 13 Cents $ 5oo °0 $ `UOO " Per Each 9. 270 Linear Foot Constru t Concrete Mow Strip @Dollars and Cents $ 5 co Per Linear Foot 0 0 Page PR -3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 4 Each Provide and Install Concrete Benches w l k3s- L, 00J Dollars and N Cents $ ()mV ° $ g O Per Each 11. 1 Each Provide and Install Concrete Picnic Table l ,4044) Dollars and n1 Cents $ D00, $ 1/00, c a Per Each 12. 2 Each Provide and Install Concrete Waste Receptacle 5iX {71rwmj, .-evem � �li,e ollars and CO NO Cents $ �01c;,r- ° $ - l� 350. Per Each 13. 1 Each Provide and Install Concrete Drinking Fountain / @fee 7h00So�d Dollars and A10 Cents $ 3. M2. °D . $ 3000.00 Per Each 14. 3B Linear Foot Construct 5' High Concrete Block Wall with Stucco O 7 Dollars and 4A) Cents $ $ Per Linear Foot 15. 13 Linear Foot Construct Low Concrete Block Wall with Stucco @ Dollars and NO Cents $ —30" $ 390•' Per Linear Foot 0 0 0 Page PR -4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 2 Each Construct 5' High Concrete Block Pilasters with Stucco @ _Dollars and nn Cents $ 5�. $ 000 Per Each 17. 1 Each Provide and Install Iron Gate @ TLUO huY!lRPcl Dollars and Y10 Cents $ -47M 00 Per Each 18. 2 Each Raise Existing Drainage Inlet to Gra e @ Dollars and no Cents $ 100- $ Per Each 19, 4 Each Provide and Install 9" Drain Inlets and Grates " ��� q (off �W0 �d1X1KCU Dollars and no Cents $ m $ Per Each 20. 235 Linear Foot Install 4" Perforated HDPE Storm Draip.with Cloth WD Dollars i firy and ts $ 250 $ 5B 7 `O Per Linear root 21. 33 Linear Foot Install 4" Sch. 40 PVC Sleeve (Future Utilities) T—W0 Dollars and ao ja0 Cents Per Linear Foot ..�,.. • i Page PR -5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 1 Lump Sum Remove, Stockpile, Supplement and Replace Sand @ 11)& L Dollars and � ,�.� no Cents $ $ 069.Q7 Per Lump Sum 23. 1 Lump Sum Modify Existing Irrigation System 111148 000_g @ � tie hund�d Dollars and no Cents $ 9, s� $ ° Per Lump Sum 24. 1 Each Install New 1" Meter with Meter Box and Cover OW 1770U_,6* @ f Ue hoiyJ d Dollars and no Cents $ 1,.- $ 0O SM- Per Each 25. 100 Linear Foot Install %" Sch. 40 PVC Potable Water Line @ �t l/r7 Dollars and 6M Cents $ Z $ 250•, Per Linear Foot 26. 1 Lump Sum Provide and Install 36" Box Trees @ 15/X _rha /.1/V Dollars and YID Cents $ �. $ doev. 4' Per Lump Sum 27. 1 Lump Sum Provide and Install 5 Gallon Shrubs fi2 ftVe Dollars wa and 00 Cents $ U242" T $ 500." Per Lump Sum 28, 1 Lump Sum Provide and Install 1 Gallon Shrubs @ .5,eveI hUr, W Dollars and PC) Cents s 70, °' $ 00, L Per Lump Sum Page PR -6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 29. 1 Lump Sum Provide and Install Ground Cover @ OQ_Zhd Dollars and Cents Per Lump um 30. 7,875 S. F. Providq and Install Sod %( @ %`toll Dollars and Ylo Cents Per Square Foot 31. 1 Lump Sum Provide Maintenance and Plant Establishment Period 4 & I hOUZ '!c1 Dollars and r%0 Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS I1T� 0/X; ��Tt�1Udfed Sl>� TWO Dollars and ZC RO Cents Bidder's Bidder's Add Bidder's Telephone Number (_5Z 69� 62og Contractor's License No. & EMMA$ rrr •. go $ 7/4062.cb Total Price II CIT'v OF NEWPORT BEACH EPRTET PUBLIC WORKS Dt AMN P07% z< ADDENDUM NO, I EIAYSIDE DRIVE FAARKRENOVATION CONTRACT NO 3149 BY: '(-4 DATE: City Engineer or Public Works TO: ALLPLANHOLDERS jotice Inviting Bids, the bid ;cening time and date s."It be chara-d on the 30" day of April, 199$, I S--= piar-,holders may have Triad veil -'Iv received incorre ct proposal a.zt pa&;-nge. The Propcsal, aii sheets, shalt,' be removed, and thile �,,00 -!i be L "Qsa� ej,',,�ed Apr 124, 1 r-98 0� all s�,jaat , shall substitutecl must sign this Addendum No. I and attach it to the bid propzsai. Nc 'Niii cQns;dlcmd unless this riqmed Addendurn. N o. 1 is attache.. — thi�� Addevd',ir'� included full MY Pt;aOS3l eidder's Name 1'Pllezi8r- Frinfly 1 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARK RENOVATION CONTRACT NO. 3149 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall ten (10) days (not including Saturday, Sunday Notice of Award to the successful bidder: PAGE 8 be executed and delivered to the Engineer within and Federal holidays) after the date of mailing • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT 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. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. PAGE 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARK RENOVATION CONTRACT NO. 3149 CONTRACT THIS AGREEMENT, entered into this _ j�day of �i✓ r, 1998, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Green Giant Landscape, Inc., hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: BAYSIDE DRIVE PARK RENOVATION Project Description 3149 Contract No. B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard Special Provisions, Plans and Special Provisions for Contract No. 3149, Standard Specifications for Public Works Construction (current edition) and all supplements and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. PAGE 10 3. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Seventy One Thousand Two Hundred Forty and 75/100 Dollars ($71,240.75). This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) 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. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 5. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Marla Matlove (714) 644 -3322 Green Giant Landscape, Inc. 631 South Palm Street, #E La Habra, CA 90631 (562) 690 -6208 6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 7. INSURANCE PAGE 11 (a) Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. (b) Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may, arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. A. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance Coverage limits shall be no less than: General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. 0 0 PAGE 12 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. C. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages (a) City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. (b) Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. (d) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (e) The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. PAGE 13 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. F. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. 8. RESPONSIBILITY FOR DAMAGES OR INJURY A. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. B. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. C. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify or defend City from the sole negligence or willful misconduct of City, its officers or employees. 0 • PAGE 14 D. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. E. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in "C" above. F. The rights and obligations set forth in this Article shall survive the termination of this Contract. 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written abo CITY OF NEWPORT BEACH ATEST: T r�:�j �j�t A M u n i c 7 o /ra B y: CITY CLERK ;''Yr;:; ^rr Thomas C. w ds, MAYOR APPROVED AS TO FORM: CITY ATTORNEY C N CTOR ./I li-- I — I n Authorized nature and Title A-CORD AUTOMOBILE LIABILITY LIABILITY �Ii�: IA - 1 05/12/1998 PRODUCER . FAX 261-1911 THIS CERTIFICATE IS 1 E AS A MATTER OF INFORMATION rutton Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2913 S. Pullman St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92705 COMPANIES AFFORDING COVERAGE ANY AUTO ...................... I—— ......... __ ....... ­­­." ........... ............... ........... COMPANY CNA Insurance Company Attn: Ext: A .......... ....... ...... ........... .......... ....... INSURED Green Giant Landscape, Inc. ...... ...... ................ ' Ins' to. COMPANY Cal Compensation 1,000,000 13 631 S. Palm #E ......... ........ ...... ­­ ....... ...... La Habra, CA 90631 COMPANY .......... .... BODILY INJURY C A .......... ­ ........... ......... ........................... ................. . ..... COMPANY 6162344269 D 10/09/1998 : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE P OLICY PERIOD D 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. .......... ........ ......... .............. ...... ............. ....... CO TYPE OF INSURANCE LTR POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MMIDDNY) DATE(MMIDONY) GENERAL LIABILITY GENERAL AGGREGATE s 2,000,000, X COMMERCIAL GENERAL LIABILITY PRODUCTS- COMPIOP AGG $ 1,000,000 A CLAIMS MADE X OCCUR B162344255 ........... ...... PERSONAL & ADV INJURY $ 1,000,000 10/09/1997 10/09/1998 OWNERS & CONTRACTORS PROT EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Anyone fire) S 56 666 PROPERTY DAMAGE MED EXP (Any one person) S 5.0001 OTHER I DESCRIPTION OF OPERATIUNWLGCATIONWEHICLESISPECIAL ITEMS ity of Newport Beach, its officers, officials, employees and volunteers are named additional insureds er CG2010 with respect to all operations by named insured. 0 day notice of cancellation will be sent for nonpayment of premium. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION PATE THEREOF, THE ISSUING COMPANY WILL MIX08M MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 70 THE LEFT. City of Newport Beach P.O.Box 1768 Newport Beach, CA 92621 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO 1,000,000 X ALL OWNED AUTOS .......... .... BODILY INJURY ..... A SCHEDULED AUTOS 'HIRED 6162344269 .10/09/1997 i 10/09/1998 (Per Person) ......... .... .. . X AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) 5 PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENTS AGGREGATES EXCESS LIABILITY EACH OCCURRENCE ;$ 3,000,000 A X UMBRELLA FORM : 173316413 10/09/1997 10/09/1998 AGGREGATE S 3,000,000 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND X WC STATU TS OT�1R1 EMPLOYERS' LIABILITY EL EACH ACCIDENT 1,000,000 13 THE jG984010625 04/01/1998 04/01/1999 PROPMETORI INCL EL DISEASE - POLICY LIMIT s 1,000,000 PARTNERSIEXECUTIVE ..... OFFICERS ARE. EXCL. EL DISEASE - EA EMPLOYEE. S 1,000,0001 OTHER I DESCRIPTION OF OPERATIUNWLGCATIONWEHICLESISPECIAL ITEMS ity of Newport Beach, its officers, officials, employees and volunteers are named additional insureds er CG2010 with respect to all operations by named insured. 0 day notice of cancellation will be sent for nonpayment of premium. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION PATE THEREOF, THE ISSUING COMPANY WILL MIX08M MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 70 THE LEFT. City of Newport Beach P.O.Box 1768 Newport Beach, CA 92621 POLICY NUMBER: B162344255 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach, its officers, officials, employees and volunteers P.O. Box 1768 Newport Beach, CA 92621 (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS INSURED ( Section II ) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 95 Copyright, Insurance Services Office. Inc., 1992 t 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Wakeham -Baker Inc. 18237 Mt. Baldy Circle Fountain Valley, California 92708 Gentlemen: (714) 644 -3005 July 6, 1998 Thank you for your courtesy in submitting a bid for the Bayside Drive Park Renovation (Contract No. 3149) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, 7 LaVonne M. Harkless, CMC/ AAE City Clerk 3300 Newport Boulevard, Newport Beach r r r r r r r r 0 PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARK RENOVATION CONTRACT NO. 3149 Wo :• We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF BID dollars (S-121 OF BI13, t0 be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Bayside Drive Park Renovation, Contract No. 3149 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall becomo null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 16th day of APRIL 19 98. WAKEHAM- BAKER, INC. Name of Contractor (Principal) AMWEST SURETY INSURANCE COMPANY Name of Surety 330 N. BRAND BLVD., STE 550 Address of Surety GLENDALE, CA 91203 (818) 246 -5353 Telephone D. STONG ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) STATE OF CALIFORNIA SS. COUNTY OF� RIVERSIDE {/ On Molt F , before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL R- SEMARY STANOLEY Z) - COMM. #1090462 g ® NOTARY PUBLIC • CAUFORNIA to RIVERSIDE COUNTY MY CMM. E)*as June 7. 2000 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL KATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENrITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE la081 Rev. 6/94 ALL- PURPOSE ACKNOWLEDGEMENT EXPIRATION DATE POWER NUMBER READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo (A ) of Amwest Surety Insurance Company (the "Company ") on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This PDA may not be used in conjunction with any other POA. No representations or wamanties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this PDA or an accompanying Company bond should call your local Amwest branch office at (818) 246 -5353 constitute and appoint: SHAWN BLUME MICHAEL D. STONG SUSAN C. MONTEON ROSEMARY STANDLEY AS EMPLOYEES OF STONG INSURANCE SERVICES, INC. its true and lawful Attomey -in -fact, with limited power and authority for and on behalf of the Company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller A the nature thereof as follow: r Bid Bonds up a to man,o00,00 ym ` \` Contact (Performance &Payment), Court, Subdivision S• •5,000,000.00 ,��y License & Permit Bonds up to S.... 250,000.00 Miscellaneous Bonds up to 5••••250,000.00 and to bind the company thereby. This appointment is made under and by I, the undersigned secretary of Amwest Surety Insurance Company, force and effect and has not been revoked and furthermore, that the provisions of the By -Laws of the Company, are now in full force an Bond No. Signed & sealed ♦ ♦ ► ♦ ♦ • at 4r 4r This POA is signed and sealed by facsimile u Company at a meeting duly held on Decemix RESOLVED, that the President or my ���-, authority as defined or limited in the instn�m of the Company to bonds, undertaking , revoke any POA previously gran RESOLVED FURTHER, that m nd, (i) when signed by the President o any (ii) when signed by the President or any authorized attorney -in -fact or age (iii) when duly executed and seal (if a: by the power of attorney issu RESOLVED FURTHER, that the st at [hereof authorizing the execution and del' er when so used shall have the same force and c 4r affix the seal of the company other written obligations in are now in full force and effect. f that this Power of Attorney remains in full this Power of Attorney, and that the relevant Karen G. Cohen, Secretary i ♦ * 1 It • ♦ ♦ ♦ • ♦ * the Board of Directors of Amwest Surety Insurance Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with Venue, for and on behalf of the Company, to execute and deliver and affix the seal of all kinds; and said officers may remove any such attomey -in -fact or agent and vetyship obligation shall be valid and bind upon the Company: sealed (if a seal be required) by any Secretary or Assistant Secretary; or rssistant Secretary, and countersigned and sealed (if a seal be required) by a duly Prequirdu W one or more attorneys -in- factor agents pursuant m and within the limits of the authority evidenced .ompany to such person or persons. of any authorized officer and the seal of the Company may be affixed by facsimile to any PDA or certification 'any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 14th day of December, 1995. John E. Savage, Pre dent Karen G. Cohen, Secretary State of California County of Los Angeles On December 14, 1995 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in histhedtheir authorized capacity(ies), and that by histhedtheir signature(s) in ru en he e n o he in t on eh of which the rson(s) acted, executed the instrument. ,Qi"'•.. WITNESS hand an official cial l. PIGW LLCFTCH sea Cot do" #10"M ;Q�li PPCH9 .!Ji� Signature (Seal) UN An almGWAtry S 1. Lofton, Notary Pu My Cam. Evirm Aug 6.1M h— DEC.14, F-`:. 1995 0 IM v. n E 0 Cn do C U1 x CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Golden Bear Arborists, Inc. 146 E. Railroad Avenue Monrovia, California 92658-8915 Gentlemen: (714) 6443005 July 6,1998 Thank you for your courtesy in submitting a bid for the Bayside Drive Park Renovation (Contract No. 3149) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Sincerely, -n 0 N) C3 C :3 CA) CD =r W < 3 a) co pp C;D CD 3 GU v. n E 0 Cn do C U1 x CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Golden Bear Arborists, Inc. 146 E. Railroad Avenue Monrovia, California 92658-8915 Gentlemen: (714) 6443005 July 6,1998 Thank you for your courtesy in submitting a bid for the Bayside Drive Park Renovation (Contract No. 3149) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Sincerely, 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Hondo Company Inc. 2121 South Lyon Street Santa Ana, California 92658 Gentlemen: (714) 6443005 July 6, 1998 Thank you for your courtesy in submitting a bid for the Bayside Drive Park Renovation (Contract No. 3149) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, 0�av'q-� I1. LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 July 6,1998 JDC Post Office Box 3448 Rancho Cucamonga, California 91729 -3448 Gentlemen: Thank you for your courtesy in submitting a bid for the Bayside Drive Park Renovation (Contract No. 3149) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, 061dt-,A, m . 4� LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach ! • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Wakeham -Baker Inc. 18237 Mt. Baldy Circle Fountain Valley, California 92708 Gentlemen: (714) 644 -3005 July 6,1998 Thank you for your courtesy in submitting a bid for the Bayside Drive Park Renovation (Contract No. 3149) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, 140" o- 4.tm , LaVonne M. Harkless, CMCJ AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 LGT Enterprises Post Office Box 3905 Tustin, California 92781 -3905 Gentlemen: (714) 6443005 July 6,1998 Thank you for your courtesy in submitting a bid for the Bayside Drive Park Renovation (Contract No. 3149) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, 46'b"� c M, Alad& -, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 E & M Constructors Co. Post Office Box 922306 Sylmar, California 91342 Gentlemen: (714) 644 -3005 July 6, 1998 Thank you for your courtesy in submitting a bid for the Bayside Drive Park Renovation (Contract No. 3149) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Topline Construction Inc. 9272 Russell Street La Habra, California 90631 Gentlemen: (714) 644 -3005 July 6,1998 Thank you for your courtesy in submitting a bid for the Bayside Drive Park Renovation (Contract No. 3149) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, la d&r- M - LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach r-1 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Ryco Construction, Inc. Post Office Box 327 Gardena, California 90247 Gentlemen: (714) 644 -3005 July 6,1998 Thank you for your courtesy in submitting a bid for the Bayside Drive Park Renovation (Contract No. 3149) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach I May 11, 1998 CITY COUNCIL AGENDA ITEM NO. 11 TO: Mayor and Members of the City Council FROM: Public Works Department CITY CF N,'PIF SUBJECT: BAYSIDE DRIVE PARK RENOVATION MAY I 1 AWARD OF CONTRACT NO. 3149 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3149 to Green Giant Landscape, Inc. for the total price of $71,240.75 and authorize the Mayor and the City Clerk to execute the Contract. 3. Establish an amount of $3,759.00 to cover the cost of materials testing and additional work. DISCUSSION: At 11:00 a.m. on April 30, 1998, the City Clerk opened and read the following bids for this project: * Corrected totals ** The bid contained a clerical error which Green Giant Landscaping has verified in writing as such. The City Attorney has concurred that the error was clerical. . The low bidder is 3.3% lower than the Engineer's Estimate of $73,700.00. i Contractor Amount Bid Low Green Giant Landscaping $ 71,240.75 ** 2. Golden Bear Arborists 89,490.80 3 Hondo Co 101,583.25 4 JDC 101,762.25 5 Wakeman -Baker 108,063.00 6 LGT 111.415.00 7 E & M Construction 113,790.00 6 Topline Construction Inc. 114,380.50 9 Ryco Construction, Inc. 136,631.00 * Corrected totals ** The bid contained a clerical error which Green Giant Landscaping has verified in writing as such. The City Attorney has concurred that the error was clerical. . The low bidder is 3.3% lower than the Engineer's Estimate of $73,700.00. i SUBJECT: BAYSIDE DRIOARK RENOVATION — AWARD OF CONTRACT N�9 May 11, 1998 Page: 2 Green Giant Landscape, Inc., the low bidder, recently completed the Sunset View Park • Project for the City. In addition, a check with their experience references indicates that Green Giant Landscape, Inc. has successfully completed projects of a similar nature for other Southern California agencies. Their contractor's license is current and active. The renovations to be completed at Bayside Drive Park include the removal of existing asphalt concrete walkways and replacement with new portland cement concrete walkways, removal of deteriorated play equipment and railroad tie tot lot areas, and construction of an enlarged tot lot area with concrete seat walls. New play equipment will be purchased and installed separately by the Community Services Department. Additional work includes irrigation system modifications, regrading of turf areas, and landscaping renovations. Existing landscaping will be supplemented with new trees, shrubs, and groundcover, and the landscaping has been designed to provide a buffer between the tot lot area and Bayside Drive. New concrete benches and trash receptacles and a drinking fountain will also be installed. Sufficient funds are available in Account No. 7021- C4120374 ( Bayside Park Tot Lot Area Rehabilitation). Respectfully subm itte0d, PUIC B WORKS DEPARTMENT Don ftb, Direplor In Marla Matlove Doyle, Senior Civil Engineer Attachment: Project Location Map • t:\groups\pubworks\rouncil\98\may-ll\bayside.doc a u �' ST SgyS�dF A SFgGI� �v QJ� PJ�• �GF QJ� Q� C R TV OF NEWPORT BEECH PUBLIC WORKS DEPARTMENT BAYS I DE DRIVE PARK RENOVATION Mir 28 Por 1998 ' N.T.S. & M. GRncjnj EXfflBIT