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HomeMy WebLinkAboutC-3165 - Peninsula Park Irrigation & Field Restoration_0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVornie M. Harkless, CMC January 23, 2003 Golden Bear Arborists, Inc. 146 E. Railroad Avenue Monrovia, CA 91016 Subject: Peninsula Park Irrigation and Filed Renovation (C -3165) To Whom It May Concern: On January 11, 1999, 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 had been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on February 1, 1999, Reference No. 19990072694. The Surety for the contract is Insurance Company of the West, and the bond number is 156 26 09. Enclosed are the Labor & Materials Payment Bond and the Faithful Performance Bond. We apologize for the delay in returning the bonds. Sincerely, �y1 ,(� �1 /j c " Vc�71/r(l 9 , / , / ' K.CI" LaVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, Construction Engineer encls. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca us •CITY OF NEWPORT BEACH PAGE 76 PUBLIC WORKS DEPARTMENT WHEREAS, the City Council of the City of Newport Beach, State of Calitamis, by motion adopted, has awarded to Golden Bear Arborists, Ina hereinafter designated as the "Pdncpal," a contract for Peninsula Park Irrigation and Field Renovation, Co*id No. 3185 in the City of Newport Beads, in strict conformity with the plans, drawings, speeficadions and other Contract Documents in the office of the Public Works Department of the City of Newport Beads, all of which arc Incorporated herain by this reference. WHEREAS, Principal has executed or Is about to execute Contmot No. 3185 and the terms thereof require the furnishing of a band, providing that if Principal or any of Principefs 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 Idnd, the Surely on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Insurance Company of the West duly authorized to transact business under the taws of the State of Callfomta, as Sursty, (referred to herein as'Suret o are held firmly bound unto the City of Newport Beach, In the sum one hundred forty two thousand eight hundred forty nine and 211100 Dollars ($442,849.21), lawful money of the United States of America, said sum being equal to 1006 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 cumselves, our heirs, executors and administrators, successors, or assigns, jointly and aeverally, 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 suppllee, 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 tbernploymam Insurance Code with respect to such work or labor, or for any amounts roquked to be deducted, withhold and pad 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 reaped to such work and labor, then the Surety will pay for the same, in an amount not exoeeding the sum specified in this Bond and also, In ease suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fined by the Court as requhW by the providons of Section 3250 of the Civil Code of the State of California. • • PMiE 1S The Bond shall Ixue to the baneflt d any and all persons, companies, and corporations entitled to fie daims under Section 5181 d the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon fhis Bond, as required by and in accordance with the provisions d Sodom 3247 at am d the ChM Code d the State of CaBfomia. And Surety, for value received, hereby slip d" and norm that no chance, extension of time, alterations or additions to the terns of the Contract or to the work to be performed thereunder or the spedficadons acoornpanyfng the same shati in any wise anted Ib od4dom on this Bond, and q does hereby waive notice of any such charge, exiwWw of time, alterations• or addHiona to the terms of the Contract or to the work or to the spedtloations. In the event that any principal above named executed this Bond as on Individual. ti is agreed that the death of any such principal shed not wworste the Surety from Its oblWons under this Bond. IN WITNESS WHEREOF. this instrument has been duly executed by the above named Principal and Surety. on the 25 th day of June .1898 . Golden Bear Arborists,Inc. Name of Contractor (Principal) Insurance Company of the West Name of Surety 11455 E1 Camino Real San Diego, CA. 92130 Address of Surety (800) 877 -1111 Telephone Drew Ebright,Attorney -in -fact Print Name and Tittle NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No. 5997 State of California County of Los Angeles On July 7, 1998 DATE personally appeared before me, Larry Cianciola, Notary Public NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' Dennis Aldrige NAME(S) OF SIGNER(S) ® personally known to me - OR - E 005ddyn.n „-;,n 3nb:r � bJ21: PC$3vW ?; 807A950dd5 ^d L n.,r , aPln,ni b Do fir'✓ % LOS ANGEL SC00FY 0 RP/ C.TItI11.G:r.T c:�im may 1 t, 1999 N 1058C5dddfi5dv5ddbdb5ddddddbd9bdCddvddbd 7 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 ac- knowledged 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 persorl or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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 Vice President TmE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) rnIdon Rear Arhnrietc Inc Monrovia. CA 91016 DESCRIPTION OF ATTACHED DOCUMENT Labor & Materials Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES June 25, 1998 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 0 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June 25, 1998 T.M. before me, Vickie La Fleur, Notary Public NAME. TRLE OF OFRCER - E.G.. 7JANE DOE, NOTARY FUSUC personally appeared Drew Ebright NAME(S) OF SIGNER(S) , ® 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 ac- knowledged 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), c: r;) i.rsitsi�sa �, or the entity upon behalf of which the s - ' NATA:;Y ^�:3L:C- G;�i1FORNIA person(s) acted, executed the instrument. WITNESS my hand and official seal. 024&i opla OPTIONAL M. M7 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 TDLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑x ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTM NAME OF PERSON(S) OR BnM(IES) DESCRIPTION OF ATTACHED DOCUMENT Labor & Materials Payment Bond TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES June 25, 1998 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Pi CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PAGE 17 BOND NO, 156 26 09 (The premiu 9charges on this Is s Bond Is being at the rate of $ WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Golden Bear Arborists, Inc. hereinafter designated as ths.'Principaf, a contract for Peninsula Park Irrigation and Field Renovation, Contract No. 3185 in the City of Newport Beach, In strict conkirmIty with the plans, drawings, spedficaWns, 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. 3185 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Durance Company of the West . duly authorized to transact business under the laws of the State of California as Surety (hereinafter'Suretyl, are held and finely bound unto the City of Newport Beach, in the sum of one hundred forty two thousand eight hundred forty nine and 21/100 Dollars ($142,848.21), lawful money of the United States of America, said sum being equal to 10o% of the estimated amount of the Contract, to be paid to the City of Newport Beach, Its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, Jointly and severalty, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agree menta 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 Mersin specified, and in all respects axording to Its true intent and meaning, or taps to Indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety wifi faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shay 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. • • PAGE 18 Surety, for value received, stipulates and egress that no change, extension of time, alterations or addition* to to terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the acme shalt 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 farce 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, I is agreed that the death of any such Principal shell 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 25 tin dey of June 1998. Golden Bear Arborists,Inc. Name of Contractor (Principal) Insurance Company of the West Name of Surety 11455 E1 Camino Real San Diego, CA. 92130 Address of Surety (800) 877 -1111 Telephone Drew Ebright,Attorney -in -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No. 6907 State Of California County of Los Angeles On July 7, 1998 before me, Larry Cianciola, Notary Public DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC" personally appeared Dennis Aldrige NAME(S) OF SIGNERS) ® 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 ac- knowledged to me that he /she /they executed the same in his /her /their authorized 16A9® OQAOr00A94J0�OC�frA . ?e +yo!f�enOgOn )v9 o --� capacity(ies), and that by his/her/their CONN. #10581326 _K signature(s) on the instrument the person(s), NJTAFYFUSLIC-CA.lIFG:9 W 0 or the entity upon behalf of which the LOS ANGELES COUNT',' 14 Can IrsjwFxlmMay11,1999: person(s) acted, executed the instrument. WITNESS my hand and official seal. 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 Vice President TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER:_ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrrY(IES) Gn7deu Rear Arhari%tc, inr Monrovia, CA 91016 DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES June 25, 1998 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State Of California County Of Los Angeles On June 25, 1998 DATE before me, Vickie La F1eur,Notary Public NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared Drew Ebright NAME(S) OF SIGNER(S) , 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 ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their � •� In V!01,'EL_1%F1 �LS 16. signature(s) on the instrument the person(s), >m NOTARY FU3Lr- G= UFGRNiA� or the entity upon behalf of which the LCS GirGELEa T.J't1NiY acted, executed the instrument. rro - M'l��EKW= 'N%6ffI f22.S01 person(s) WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL No. 5807 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 TRLE(S) ❑. PARTNER(S) ❑ LIMITED ❑ GENERAL ❑O ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYBES) DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance Bond i. TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES June 25, 1998 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE b RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk MOON f Newport Beach ewport Boulevard Newport Beach, CA 92663 Recorded in tlb? County of orange, California Gary L. Gr.anv.ill•?, Clerk /Recorder 1111111111111111111111lJill No Fee 19990012694 MZpm WPM 005 17012302 17 04 N12 1 6.00 0.00 3.00 0.00 0.00 0.00 " xempt rom recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION Ip NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Golden Bear Arborists. Inc. of N� Monrovia. California, as Contractor, entered into a Contract on June 22. 1998. Said Contract set forth certain improvements, as follows: Peninsula Park Irrigation and Field Renovation, C -3165. Work on said Contract was completed on November 6. 1998, and was found to be acceptable on January 11. 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Insurance Company of the West. BY 0, 1 i� Public orks 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 - n 1 ` i at Newport Beach, California. H1 cj r C3?) January 11, 1999 iCITY COUNCIL AGENDA �IcT�FZNtrtd ©S'r c,s +i5 .t- -_ TO: MAYOR AND MEMBERS OF THE CITY COUNCIL. JAI J, FROM: PUBLIC WORKS DEPARTMENT _. APFRGVED` SUBJECT: COMPLETION AND ACCEPTANCE OF PENINSULA - PART, CONTFIACT NO. 3165. C- 31 5 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: On June 22, 1998, the City Council authorized the award of the Peninsula Park Irrigation and Field Renovation contract to Golden Bear Arborists, Inc. The contract provided for renovations to be completed at Peninsula Park. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $142,849.21 Actual amount of bid items constructed: 142,125.71 Total amount of change orders: 5,148.00 Final contract cost: $147,273.71 A total of four (4) change orders were issued to complete the project. They were as follows: A non - compensatory change order was issued to re- contour the park in lieu of relocating some trees. 2. A change order in the amount of $4,512.00 provided for the installation of approximately 440 feet of electrical circuitry and the addition of soil amendments. 3. A change order in the amount of $3,014.00 provided for the installation of four additional irrigation lateral lines and twenty -four sprinkler heads. 4. A deductive change order in the amount ($2,378.00) provided for the deletion of some soil amendments as specified in the contract documents. The decrease in the amount of actual bid items constructed over the original bid amount resulted from a decrease of actual to bid item quantities such as a concrete mow strip. The final overall construction cost including change orders was 2.6% over the original bid amount. SUBJECT: COMPLETIO &D ACCEPTANCE OF PENINSULA PARK C*ACT NO. 3165 JANUARY 11, 1999 Page 2 Funds for the project were budgeted in the General Fund as follows: Description Account Number Amount Peninsula Park 7013- C3170373 $10,979.21 Street Light Conversion 7014- C5300025 1,965.00 Peninsula Park 7021- C3170373 139,790.00 TOTAL 152,734.21 The scheduled completion date was October 19, 1998. Due to extra work the project was not complete until November 6, 1998. A 60 -day maintenance period expired on January 6, 1999. Respectfully s b fitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: �� �— AR�✓4i�i Horst Hlawaty, P. E. Construction Engineer F:\ Users \PBW\Shared \COUNCIL \FY98 -99 Van- 11 \PeninsulaParkC- 3165.doc • 0 • 0 U ,5 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk Cit�r of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording lees 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 Golden Bear Arborists. Inc. of Monrovia. California, as Contractor, entered into a Contract on June 22. 1998. Said Contract set forth certain improvements, as follows: Peninsula Park Irrigation and Field Renovation. C -3165. Work on said Contract was completed on November 6. 1998, and was found to be acceptable on January 11. 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Insurance Company of the West. BY Public orks 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 '.lj-A:y'�, i (`� at Newport Beach, California. r T WA CITY CLERK ° �� >:.N:•.. C as a 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 11:00 A.M. on the 11th day of June, 1998, at which time such bids shall be opened and read for PENINSULA PARK IRRIGATION AND FIELD RENOVATION Title of Project Contract No. 3165 $150,000.00 Engineer's Estimate Approved by Bill t poll, City 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 (949) 644 -3322. f PAGE 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA PARK IRRIGATION AND FIELD RENOVATION CONTRACT NO. 3165 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. rI 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. 416776 C61/049, C27 Contractor's License No. & Classification Golden Bear ARborists, Inc. Bidder 4— {,&- /� nnis Aldridge, Vice Presiaent Authorized Si nature/Title June 11, 1998 Date PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA PARK IRRIGATION AND FIELD RENOVATION CONTRACT NO. 3165 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of * dollars ($ 10 %--- - - - -), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Peninsula Park Irrigation and Field Renovation, Contract No. 3165 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 shalt become null and void. *Ten Percent Of The Amount Bid In 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 8th day of June , 1998 c' Golden Bear Arborists,Inc. O�� �ennis Aldridge Nice President Name of Contractor (Principal) Authorized Signa reTtle Insurance Company of the West Name of Surety 11455 E1 Camino Real San Diego, CA. 92130 Address of Surety (800)877 -1111 Telephone Authorized Agent Ft ure Mark Ebright,Attorney -in-fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County Of Los Angeles On June 11, 1998 DATE before me, Larry Cianciola, Notary Public NAME. TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC' personally appeared Dennis Aldridge No, 5907 NAME(S) OF SIGNER(S) ® 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 ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their •••••• ••11111.1.1••1••1•••1110e•NMeeO signature(s) on the instrument the person(s), LARRY CIAN,:G.A or the entity upon behalf of which the o :" Cofdfd.91o5.0 person(s) acted, executed the instrument. NOTARY PUBLIC CALI OR.e j 2 i . LOS ANGELES COUNTY • IJy CInuOWkn rgias %aaY 1 t, + ^• >. :• e•••. o.••••••••••••••••••••o•••w•••• WITNESS my hand and official seal. 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 Vice President ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARD1ANfCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Golden Rpar Arhnri cty, Tnr Monrovia, CA 91016 DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT Two NUMBER OF PAGES June 8, 1998 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park. CA 913097184 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County Of Los Angeles On June 8, 1998 DATE before me, Vickie La F1eur,Notary Public NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Mark Ebriaht NAME(S) OF SIGNER(S) ® 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 ac- knowledged 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), �_a_R or the entity upon behalf of which the LA F 89 person(s) l : +. #11 11989 persons) acted, executed the instrument. t; ^7i,7i•'dG: C. CALIFORNIA 4i ry E ! ' ""'hW22''°01 WITNESS my hand and official seal. \llr0.,� Yn 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 nTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL LJ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTRNG: NAME OF PERSON(S) OR ENTTTY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES June 8, 1998 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7194 0 Insurance Company of the West HOME OFFICE: SAN DIEGO. CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, doss hereby appoint: MARK EBRIGHT its true and lawful Attarnev(s)•in•Foct. with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts M suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED, that the Chairman of the Board. the President, an Executive Vice President or a Senior Via President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature, and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile.' IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by Its duly authorized officers this 20th day of April 19 95 INSURANCE COMPANY OF THE WEST war. A' c r4roeu STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO A2ohn L. Hannum, Senior Vice Presidanl April 20th, 1995 v On this before me personally appeared John L Hannum, Senior Vice President of INSURANCE COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on behalf of which he acted, executed the instrument. WITNESS my hand and official seal. NSRMAPO ft Mm #95 n N r 'jjC jm�C.O N,1- Notary sawn pros y Public MUARY 14,1998 CERTIFICATE: 1. E. Harped Davis, Vic* President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY. of which the foregoing is a true copy, Is still in fug force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, 1 have subscribed my name as Vice President, on this 8th day of June 1998. INSURANCE COMPANY OF THE V;fEST �eroVr4rrr = raw.+ E. Horned Davis, Vice President ICW 37 0 0 PAGE 5 CITY OF NEWPORT BEACH. PUBLIC WORKS DEPARTMENT PENINSULA PARK IRRIGATION AND FIELD RENOVATION CONTRACT NO. 3165 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 A A J INC. General Engineering Grading 1028 N. Soldano Ave Azusa, CA 91702 1 626 334 -8173 Jonescape Construction Concrete work 2969 N. Towne Ave Pomona, CA 91767 2. (909) 626 -5914 3 SoCal Lighting Electrical 14770 Firestone Blvd. STe 209 La Mirada, CA 90638 (714) 562 -0700 4 5. 6. 7. S. 9. 10. Golden Bear Arborists, Inc Bidder WDehnis Aldridge, Vice President Authorized Signat e/Title 9 0 PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA PARK IRRIGATION AND FIELD RENOVATION CONTRACT NO. 3165 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 /Aoencv SEE ATTACHED Golden Bear Arborists, Inc. Bidder Person To Contact Telephone Number as����jDfl�,pa s Aldridge, Vice President Authorized Signature/Title 0 0 GOLDEN BEAR ARBORISTS, INC. LANDSCAPE CONSTRUCTION REFERENCES City of South Gate Abudulla Ahmedr (213) 563 -9537 8650 California Avenue Project Manager South Gate, CA 90280 Contract Awarded: January 1995 Contract Amount: $335,550.000 GBA was awarded the contract of planting 2,500 trees along residential streets, major boulevards, and in Hollydale Park. The scope of work included the removal of all dead trees, stump or stump sprout from planting areas. In addition to cutting and removal of concrete at the arterial tree sites and the installation of interlocking pavers. City of West Hollywood Dave Gardner (2133) 848 -6549 8300 Santa Monica Blvd. Landscape Maintenance Supervisor West Hollywood, CA 90069 -4314 Contract Awarded: July 1994 (5 yr. project) Contract Amount: $150,000.00 GBA provides annual section trimming for West Hollywood and regularly does service calls and emergency requests. We have done extensive planting here and installed iron tree grates along Santa Monica Blvd. We are also responsible for the successful completion of an extensive small tree training program. County of Los Angeles Department of Public Works 900 S. Fremont Avenue Alhambra, CA 91801 -1331 Bennie Henderson (626) 458 -6959 Resident Engineer Contract Awarded: September 1995 Contract Amount: $ 62,211.40 GBA provided services consisting of planting trees, replacement concrete tree wells and installation new tree wells as needed as well as slopes protectors in certain areas. GBA has performed numerous contracts for the County of Los Angeles including large pruning jobs and several planting projects that included irrigation installations. Calabasas Park HOA/City of Calabasas Bill Millar (818) 878 -4225 261 Mureau Road Landscape Maintenance Manager Calabasas, CA 91302 -3172 Contract Awarded: November 1996 Contract Amount: $ 27,271.00 The contract included complete installation of trees, shrubs and ground cover plantings. GBA was also responsible for relocating, repairing, replacing and /or reestablishing all existing curbs, sidewalks, pavement, sprinkler systems, etc. appurtenant to the tree planting. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA PARK IRRIGATION AND FIELD RENOVATION CONTRACT NO. 3165 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Los Angeles) PAGE 7 Dennis Aldridge , being first duly sworn, deposes and says that he or she is Vice President of Golden Bear Arborists, Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Golden Bear Arborists, Inc. Bidder Dennis Aldridge, Vice President Authorized SignaWfefTitle Subscribed and sworn to before me this —day of , 19_ [SEAL] Notary Public My Commission CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County Of Los Angeles On June 11, 1998 DATE before me, Larry Cianciola, Notary Public , NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC- No. 5907 personally appeared Dennis Aldridge NAME(S) OF SIGNERS) ® 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 ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their 44 + + +IN ++ +44414114114441444444 + ++l,4co signature(s) on the instrument the person(s), • "" LARRY CIANC'C' '; or the entity upon behalf of which the o COMM. ftes s2: person(s) acted, executed the instrument. `� NOTARY PUDLIC CP.iGORp' : -j � `,•5 . LOS ANGELES CCL'i2TY • Yy Clrmhtlm Fiylrx 61ay t1, ,i.: 0 j444444 +444444444444444 +1414 44 4 4 4 49 441f WITNESS my hand and official seal. 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 Vice President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PEPSON)S) OR ENTITY(IES) —Go -1 -den Rear arhnrictc, Inc- Monrovia. CA 91016 DESCRIPTION OF ATTACHED DOCUMENT Non - Collusion Affidavit One TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES June 11, 1998 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION • 6236 Remmet Ave.. P.O. BOX 7184 • Canoga Park. CA 91309.7184 PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA PARK IRRIGATION AND FIELD RENOVATION CONTRACT NO. 3165 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • 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 PENINSULA PARK IRRIGATION AND FIELD RENOVATION CONTRACT NO. 3165 CONTRACT THIS AGREEMENT, entered into this 22 day of June, 1998, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Golden Bear Arborists, Inc., hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: PENINSULA PARK IRRIGATION AND FIELD RENOVATION Project Description 3165 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. 3165, 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. 0 0 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 one hundred forty two thousand eight hundred forty nine and 21/100 Dollars ($142,849.21). 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. 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 (949) 644 -3322 CONTRACTOR Golden Bear Arborists, Inc. 146 E. Railroad Avenue Monrovia, CA 91016 (626) 359 -6647 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: 1. 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: 1. 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. 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. E 3. All Coverages PAGE 13 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 City from the sole or active negligence or willful misconduct of City, its officers or employees. 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, and year first written above. ATTEST: CITY CLERK APP 1S TO FORM: CITY ATTORNEY have caused this contract to be executed the day CIT AN 0 CONTRACTOR By: !�y 41p �� Authorized Signature andX� Dennis Aldridge, Vice President �ICaRD CERTIFICA-W OF LIABILITY INSU CEDSR SK DATE(MM /DDNY) GOLDE -8 07/10/98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ogilvy, Gilbert, Norris & Hill HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 929 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Barbara CA 93102 _ COMPANIES AFFORDING_ COVERAGE Mark Shipp COMPANY Pnor:e NO. 805- 966 -4101 Fax No 805- 966 -7810. A Transcontinental Insurance INSURED COMPANY B Athena Assurance Company Golden Bear Arborists, Inc., -- -- -- Real Green Gardening, & CNY Calboy Equipment Company Tran sportation Insurance J 146 E. Railroad Ave COMPANY Monrovia CA 91016 p COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTM7HSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT VVITH RESPECT TO NMICH 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. COI LTRI T'IPE OF t:`lSURANCE POLICY NUMBER ._ POLICY : POLICY EFFECTIVE jPICY EXPIRATION DATE(MMIODNY) I DATE(MMIDONYI ,.- LIMITS GENERAL LIA61LIT V GENERAL AGGREGATE 4 2,000, 000 A :X COMMERCIAL GENERAL LIABILITY 1062359614 12/31/96 I 12/01/98 1 PRODUCTS COMPIOP AGO 5 2, 000, 000 CLAIMS MADE I.X. OCCUR �?ERSONAL&AOV INJURY $ 11000, 000 OWNER'S B CONTRACTOR'S PROT' EACH OCCURRENCE 81,000,000 X Aggregate Per Job F {REOAMAGE(Anyonelire) -$ 100,000 MED E %P (Any one person) S 5,000 : AUTOMOBILE LIAB1L1Tr I COMBINED SINGLE LIMIT S 1,000,000 C X ANY AUTO 0162359628 12/31/96 12/01/98 ALL OWNED AUTOS i BODILY INJURY $ SCHEDULED AUTOS er (P person) �BODILY O J— X' HIRED AUTOS INJURY S X NON -OWNED AUTOS (Per acad.t) J 'IS - _ i I PROPERTY DAMAGE GARAGE LIABILITY ! AUTD ONLY EAACCIDENT I$ ANYAUTO OTHER THAN AUTO ONLY —_. -.. . I �... EACH ACCIDENT _ S J AGGREGATE IS EXCESS LIABILITY EACH OCCURRENCE $ 10, 000,000 B X UMBRELLA FORM 900BA3324 12/01/97 12/01/98 :AGGREGATE J ;$10,000,000 OTHER THAN UMBRELLA FORM S 1 AND i WC STATU- IOTH- ITORYUMITS EMPLOVER.B'tIA81Ll ?Y GMPLOYSCOMPENSATION LITY I _ EL EACH ACCIDENT 5 THE PROPRIETOR/ INCL I EL DISEASE POLICY LiMIT� 3 PARTNERSIEXECUTIVE OFRCERSARE EXCL EL DISEASE EA EMPLOYEES OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES SPECIAL ITEMS City of Newport Beach, its officers, officials, employees and volunteers are named as Additional Insured as respects the operations of the insured. The insurer shall waive all rights of subrogation against City of Newport Beach, its officers, officials, employees and volunteers. CERTIFICATE HOLDER CANCELLATION NEW1768 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL Public Works Department 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Administrative Manager P. O. Box 1768 Newport Beach CA 92658 -8915 AUTHORIZ R ESENTA ACORD 25-S (1/95) "' ACORD CORPORATION 1988 POLICY NUMBER: 1062359614 GOLDEN BEAR ARBORISTS, INC. 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 Public Works Department Adminstrative Manager P. 0. Box 1768 Newport Beach, CA 92658 -8915 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 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. 1 CG 20 10 11 85 Copyright. Insurance Services Office. Inc. 1984 ACOJto_ GERTIFICAVE OF LIABILITY INSUFMNCECSR SK DATE(MMJODNY) GOLDE-8 07/07/98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ,Ogilvy, Gilbert, Harris FA Hill HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 929 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Barbara CA 93102 COMPANIES AFFORDING COVERAGE Mark Shipp COMPANY A Transcontinental Insurance Phone No 805- 966 -4101 Fa :NP. 805- 966 -7810 INSURED COMPANY B Athena Assurance Company Golden Bear Arborists, Inc., Real Green Gardening, E COMPANY Calboy Equipment Company C Transportation Insurance . COMPANY 146 E. Railroad Ave Monrovia CA 91016 D COVERAGES 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. GO LTR f TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I DATE (MMIDDYY) , DATE (MWOUNn I LIMITS GENERAL LIABILITY I GENERALAGGREGATE 15 2, 000,000 A X COMMERCIAL GENERAL IABILITY � 1062359614 I 12/31/96 12/01/98 PRODUCTS COMPIOP AGG $ 2,000,000 L` MADE X'OCCUR' I PERSONAL 6 ADV INJURY S1,000,000 I j OWNER'S d CONTRACTOR'S PROT I EACH OCCURRENCE 51,000,000 Aggregate Per JOb I FIRE DAMAGE IAny one NO iS 100,000 •: MED EXP IAny one person) '.S 5,000 AUTOMOBILE LIABILITY C X ANY AUTO C162359628 COMBINED SINGLE LIMIT $ 11000,000 12/31/96 12/01/98 ALL OWNED AUTOS ! 1 BODIL'l INJURY S SCHEDULED AUTOS lPrr pewnl X HIRED AUTOS SODIL'/ INJURY 5 X NON,G"*C AUTOS IPu aca�en0 — --- PROPERTY DAMAGE S GARAGE L1.ABIUT( Wl AUTO OHLY . EA ACCIGENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT 5 �— AG.GP.EGATE S EXCESS LIABIUr, EACH OCCURRENCE 510, 000,000 B X UMBRELLA.GRM 900BA3324 12/01/97 12/01/98 AGGREGATE S 10, 000, 000 OTHER THAN UMBRELLA FORM S SCCMPENGA i;DN AND WC STATU- OTH.. TOR '(LIMITS ERi EMPLOYER LIABILITY EMPLOYS — EL EACH ACCIDENT i 5 THE PRCPRIETOPI INCL EL DISEASE - POLICY LIMIT $ PARTNERSIEXEC'JTIVE OFFICERS ARE EXCL 1 EL DISEASI £A _ EMPLOYEE;S OTHER Re: Peninsula Park Irrigation & Field j Renovation 113165 I � � DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /SPECIAL ITEMS City of New art Beach, its officers, officials, employees and volunteers are named as Additional Insured as respects the operations of the insured. The insurer shall waive all rights of subrogation against City of Newport Beach, its officers, officials, employees and volunteers. CERTIFICATE HOLDER CANCELLATION NEW1768 SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY HALL MAIL Public Works Department 30` DAYS WRITTEN NOTICE TO THECER71FICATE HOLDER NAMED TO THE LEFT. Administrative Manager P. 0. Box 1768 Newport Beach CA 92658 -8915 AUTHORIZA R ESENTq ACORO 255 (1195) /�LQ �Z" e. ,fn " {aSCD CORPORATION 1988 ki AscoRn_ CERTIFICAID OF LIABILITY INSUR*NCE CSR SK DATE(MMIDDYYY) GOLDE -8 07/07/98 CRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ogilvy, Gilbert, Norris & Hill HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 929 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Barbara CA 93102 COMPANIES AFFORDING COVERAGE --..— ... _. ...— Mark Shipp ! COMPANY PnoneNO. 805- 966 -4101 Fax No 805- 966 -7810 A Paula Insurance Company INSURED l l COMPANY I B Golden Bear Arborists, Inc. I - --- -- Real Green Gardening, & i COMPANY Calboy Equipment Co. C 146 E. Railroad Ave. _ COMPANY Monrovia CA 91016 D COVERAGES 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION II LIMITS LTR DATE (MMIDDNY) DATE (MMIDD/YY) GENERALLIABILIT+ GENERAL AGGREGATE I $ COM MERCIAL GENERAL LIABILITY I PRODUCTS- COMP /OP AGG $ CLAIMSMADE ! OCCUR PERSONAL S ACV INJURY 5 I OWNER S& CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE Anyone fire) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS ' BOGRY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS _ .... BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE S GARAGE LIABILITY (AUTO ONLY - EA ACCIDENT S ANY AUTO i OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE I$ EXCESSUABILITY EACH OCCURRENCE S I UMBRELLA FORM i AGGREGATE I$ _ OTHER THAN UMBRELLA FORM I $ WORKERS COMPENSATION AND i WC STATU OTH- `X i TORY LIMITS ! ER EMPLOVERS'LIABILITY EL EACH ACCIDENT $1, QQQ,000 A THE PROPRIETOR/ jINCL PWC5015395 PARTNERS/EXECUTIVE 12/31/97 12/31/98 EL DISEASE POLICY LIMIT $1,000,000 OFFICERS ARE EXCL� —- - EL DISEASE- EA EMPLOYEE e IS 1,000,000 OTHER j Re: Peninsula Patk Irrigation & Field Renovation #113165 DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLESISPECIAL ITEMS City of Newport Beach, its officers, officials, employees and volunteers are named as Additional Insured as respects the operations of the insured. The insurer shall waive all rights of subrogation against the City of Newport Beach, its officers, officials, employees and volunteers. CERTIFICATE HOLDER CANCELLATION NEW1768 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL Public Works Department 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Administrative Manager Avg76Yx,, v7L�i�c ,�vs.Exvyvxx3�xy�yy_gvvvX P. O. Box 1768 Newport Beach CA 92658 -8915 AUTHORIZ R ESENTA ACORD 25-S (1/95) ACORD CORPORATION 1988 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA PARK IRRIGATION AND FIELD RENOVATION CONTRACT NO. C -3165 PROPOSAL To the Honorable City�Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. C -3165 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT RACE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization Five Thousand @ Four Hundred Dollars and zero Cents $ 5,400.00 $ 5,400.00 Per Lump Sum 2. 1058 L.F. 4" Thick Integral Color Concrete Band @ Thirteen Dollars and zero Cents Per Lineal Foot 3. 4 EA Corner Markers @ Fifty Dollars and zero Cents Per Each $ 13.00 $ 13,754.00 $ 50.00 $ 200.00 PAGE P -1 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 251 L.F. Integral Color Concrete Mow Strip @ Ten Dollars and zero Cents Per Lineal Foot 5. 4 EA Concrete Waste Receptacle @ One Thousand Dollars and zero Cents Per Each 6. Lump Sum Irrigation System Thirty Eight Thousand Four Hundred @ Thirty Five Dollars and zero Cents 7 91 a Per Lump Sum $ 10.00 $ 2,510.00 $ 1.000.00 $ 4,000.00 $38,435.00 $ 38,435.00 114,585 S.F. Fertilizing, Conditioning and Finish Grading @ zero Dollars and Twenty Five Cents Per Square Foot 130 EA. 5- Gallon Shrubs @ Twenty Two Dollars and Fifty Cents Per Square Foot 60 S.F. Concrete at Existing Backstop @ Thirteen Dollars and zero Cents Per Square Foot $ .25 $ 28,646.25 $22.50 $ 2,925.00 $ 13.00 $780.00 PAGE P -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 6,275 S.F. Ground Cover and Mulch @ One Dollars and Fifty Cents $ 1.50 $ 9,412.50 Per Square Foot 11. 108,441 S.F. Hydroseeded Turf @ Zero Dollars and Six Cents $ .06 $ 6,506.46 Per Square Foot 12. Lump Sum 30 Day Maintenance Period @ Seven Hundred Dollars and zero Cents $ 700.00 $ 700.00 Per Lump Sum 13. 1 EA Remove Existing Monument Sign and Turn over to City @ Two Hundred Dollars and zero Cents $ 200.00 $ 200.00 Per Each 14. Lump Electrical and Appurtenant Work, per Plan E- 5050 -S. " Sixteen Thousand Nine @ Hundred Dollars and zero Cents $ 16.900.00 $ 16,900.00 Per Each $ One Hundred Thirty Thousand Three Hundred Sixty Nine Dollars and twenty -one cents. TOTAL BID PRICE (WORDS) TOTAL BID PRICE FIGURES) $ 130,369.21 PAGE P -3 0 0 ALTERNATE BID ITEMS 15. 7 EA Transplanting of Existing Trees @ Four Hundred Dollars and zero Cents $ 400.00 Per Each 16. 320 L.F. 42" High Black Vinyl Chain Link Fencing @ Twenty Four Dollars and zero Cents $ 24.00 Per Lineal Foot 17. Lump Sum. Additional 30 Day Maintenance Period @ Two Thousand Dollars and zero Cents Per Lump Sum $ 2,800.00 $ 7,680.00 $ 2,000.00 $ 2,000.00 All costs for alternate bid items shall be shown as separate bid items. Alternate bid items shall not be included in Lump Sum Base Bid. Alternate bid items may be incorporated into the project by direction of the City of Newport Beach at any time during construction at costs indicated above. June 11, 1998 Date (626) 359 -6647 Bidder's Telephone Number 416776 C61/D49, C27 Golden Bear Arborists, Inc. Bidder Aldridge, Vice President Bidder's Adthorized Signature and Title 146 E. R4ilroad AVe Monrovia, CA 91016 Bidder's License No(s). /Classifications Bidder's Address PAGE P -4 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Katibeh Construction Co. 1720 E. Garry Avenue, Suite 231 Santa Ana, California 92705 Gentlemen: (714) 6443005 July 6,1998 Thank you for your courtesy in submitting a bid for the Peninsula Park Irrigation and Field Renovation (Contract No. 3165) 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, �L cal. �� /' / • ��':7 LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach • i CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Metro Builders & Engineers Group Ltd. 2610 Avon Street, Unit A Newport Beach, California 92663 Gentlemen: (714) 644 -3005 July 6, 1998 Thank you for your courtesy in submitting a bid for the Peninsula Park Irrigation and Field Renovation (Contract No. 3165) 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 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Green Giant Landscape, Inc. 631 S. Palm Street, Suite E La Habra, California 90631 Gentlemen: (714) 644 -3005 July 6, 1998 Thank you for your courtesy in submitting a bid for the Peninsula Park Irrigation and Field Renovation (Contract No. 3165) 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 Ci TO: June 22,1998 CITY COUNCIL AGENDA 4TEIvEfVO., —..D . i MAYOR AND MEMBERS OF THE CITY COUNCIL ?UN ? i • FROM PUBLIC WORKS DEPARTMENT SUBJECT: PENINSULA PARK IRRIGATION AND FIELD RENOVATION —AWARD OF CONTRACT NO. 3165 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3165 to Golden Bear Arborists, Inc. for the total price of $142,849.21 (Base Bid + Alternate Bid Items 15, 16, and 17) and authorize the Mayor and City Clerk to execute the Contract. 3. Establish an amount of $11,000.00 to cover the cost of materials testing and additional work. 4. Authorize. a budget amendment to transfer funds in the amount of $10,979.21 from Account No. 7013- C5100364 (River Avenue Reconstruction), to Account No. 7013- C3170373 (Peninsula Park). DISCUSSION: At 11:00 a.m. on June 11, 1998, the City Clerk opened and read the following bids for the subject project: The low bidder's base bid is 13% lower than the Engineer's Base Bid Estimate of $150,000,00. . A check with experience references provided by Golden Bear Arborists, Inc. indicates that they have successfully completed projects of a similar nature for other Southern California agencies. Their contractor's license is current and active. Contractor Base Bid Amount Low Golden Bear Arborists, Inc. $142,849.21 2 Green Giant Landscape $161,465.10 3 Metro Builders $174,811.50 4 Kaibeth Construction $193,034.32 The low bidder's base bid is 13% lower than the Engineer's Base Bid Estimate of $150,000,00. . A check with experience references provided by Golden Bear Arborists, Inc. indicates that they have successfully completed projects of a similar nature for other Southern California agencies. Their contractor's license is current and active. SUBJECT: PENINSULA AIMPROVMENTS —AWARD OF CONTRACT NII. 3165 June 22, 1997 Page 2 The renovations to be completed at Peninsula Park include removal of existing turf and irrigation, regrading of the playing field, installation of a new irrigation system, and planting of new turf. In addition, the existing sidewalks on the eastern, western, and southern perimeters of the park will be widened to meet ADA access requirements. The existing palm trees will be protected in place, and the existing tea trees will be relocated to the northwest and southwest corners of the park, and new shrubs will be planted to provide enhanced entry statements to the park. The new irrigation system has been designed to allow for future planting of shrub beds adjacent to the boardwalk should funding become available in the future. Construction will begin after July 31, 1998 to avoid impacting the Fire & Marine Department's Junior Lifeguard Program. The contract specifies a tight 45 working day time frame, followed by a 60 day maintenance period. To allow adequate time for turf establishment, it is anticipated that the park will not be opened to the public until March, 1999, and the Community Services department has suspended reservations for the park through that time. Based upon the favorable bids received on the River Avenue Reconstruction project, unexpended funds will remain in that project account at fiscal year -end. Therefore, staff recommends that a portion of these unused funds be transferred to the Peninsula Park project account. Thus, funding for the project is proposed as follows: ACCOUNT NUMBER; ACCOUNT TITLE AMOUNT 7013- C3170373 Peninsula Park $10,979.21 7014- C5300025 Street Light Conversion 3,000.00 7021- C3170373 Peninsula Park 139,870.00 TOTAL $153,849.21 Respectfu submitted, PUBL OR KS DEPARTMENT Don Webb, Director By: 4, Marla Matlove le, P.E. Senior Engineer Attachments: Project Location Map Bid Summary k\dp\sys\groups\pubworks\councif58lune- 22\pen -pa rk.doc • • 0 I <i LU LU 91_ 'heI ML z z 91.6 6L • 0 co co L`, u z H a 0 U 0 8 .wsC &.9 O �2� a Q b lS p� mIL ySbM o 'd h 1S y b 2 o .1 oo e p y o 0 I3 Ny aNb7SI U H 1S N18 w �] 1S H1C N - � Zo I-- H18 Z 11 0 W a H � = Z U W Q � i W m w W 0 a W Y Z W LL O U >_ J U m a F i I� ui W W Z W Q co U LU H W = W F L U w d cq r d) . 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O N Y m O O O H N N O O O O Z O ° Q aOD O w O w v a ¢ 6 w NW Z V 1A O Q D N� J ° 000 H o o o O 0 0 m N O m O o o m Qin b' a6 c 0 0 0 F O N O W � QW J J W F n N O ¢ C3 Q f � m c � m U O 7 N ILO a Z m Y c 8 U d N J =m m � � Q 5 U c In y WUj �i f A U o y F E o � m U N n c J a) o n U Q ! < Q W • m W C7 . � Z W 2 C F IL w Z_ W JZ C70 �0zcr r U w a N m r O N � C?Q c U 0 � c0 U 7 w z LL a C a � co_ m W C7 . � Z W 2 C F IL w Z_ W JZ C70 �0zcr r U w a M O m A N m r z O � U 7 L z N a � Y c J C F c 10 c 0 U y m fq W = o S 0 r p E m , m J J E � W Q m L c S F v� 499 U N tD f. a z z Z 0 0 i z Z z O 0 H Z D lA f9 tR N Q iA V 19 N� IA t9 IA 19 [O C O FA U t 0O O O 0' O..... O O 0 0 0 0 d= N o1 W O O fV W m G a0 O M O N � t9 O N O L T J J J J J J W W (7 W (7 (n N Z O Q N Q M N 0 a ro o d m Oc v m m U m y a •c w = � Z O e y c o y ~a U 3 W m v m o u v c c `m U d 2 C m W a c N o = m V g O 1 I w U K s c a m 0 c N-E O W N Ci 2 w> 0 U W 0 V W 10 Y t 1- E L) So hILNU0mm 0:w LU — N m Q N M O m A N m r O � U 7 L W N a � Y c J C F c 10 c � U y m fq W = o S r p E m , m J J E � W Q m L c S F v� 499 U N tD f. Ci0of Newport Beach* NO. BA- 078 BUDGET AMENDMENT 1997 -98 .:FFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Budget Appropriations AND Hx Transfer Budget Appropriations X X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To irrigate and renovate Peninsula Park and widen sidewalks surrounding park. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE EmW Account 010 3605 t ..EVENUE APPROPRIATIONS (3601) Fund/Division Accounj Description Fund Balance Control Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7013 Street Account Number C5100364 River Ave Street Reconstruction AMOUNT: S1o,979.21 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance Amount Debit Credit $10,979.21 0 Division Number 7013 Street Account Number C3170373 Peninsula Park Irrigation/Field Renovation $10,979.21 Division Number Account Number Division Number Account Number • Automatic System Entry. Signed: -1*9 % a Fina cial Ap roval: Finance Dir or Date • fined: AA �, -13 %i Admi i ova City Manager Date Signed: City Council Approval: City Clerk Date Cie of Newport Beach* NO. BA- 078 BUDGET AMENDMENT #, t� 1997 -98 AMOUNT: $10,979.21 "FFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance X Transfer Budget Appropriations X No jffect on Budgetar^F, n i aIa9ce X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: APPR()UF( This budget amendment is requested to provide for the following: To irrigate and renovate Peninsula Park and widen sidewalks surrounding park. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Accoun Description 010 3605 Fund Balance Control ,.EVENUEAPPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7013 Street Account Number C5100364 River Ave Street Reconstruction Amount Debit Credit $10,979.21 Division Number 7013 Street Account Number C3170373 Peninsula Park Irrigation /Field Renovation $10,979.21 Division Number Account Number Division Number Account Number Automatic System Entry. Signed: Fina, dial Approval: Finance Dirdetor Date gned: - J A 'hm i ive A rova tyManager Date Signed: Z67 M . V4,6nar-� -aa- 2 e City Council Approval: City Clerk Date