HomeMy WebLinkAboutC-3224 - Urban Wildland Interface Zone Vegetation Thinning and RemovalCity Clerk
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 2:15 p.m. on the 15' day of September, 1998 ,
at which time such bids shall be opened and read for
URBAN WILDLAND INTERFACE ZONE
VEGETATION THINNING AND REMOVAL
Title of Project
Contract No. 3224
$70,000.00
Estimate
Fire Marshal
Prospective bidders may obtain one set of bid documents at no cost at the office
of the Fire and Marine Department, 3300 Newport Boulevard, P. O. Box 1768,
Newport Beach, CA 92658.8915.
For further information, call Dennis Lockard, Project Manager at (949) 644 -3361.
MANDATORY PRE BID MEETING ON TUESDAY AUGUST 25r" AT 1: 0 P AT
CITY OF NEWPORT BEACH, CITY HALL FIRE CONFERENCE ROOM.
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CITY OF NEWPORT BEACH
FIRE AND MARINE DEPARTMENT
URBAN WILDLAND INTERFACE ZONE VEGETATION THINNING AND REMOVAL
CONTRACT NO. 3224
TABLE OF CONTENTS
NOTICEINVITING BIDS .......................................................... ............................... Cover
INSTRUCTIONSTO BIDDERS ........................................................ ..............................1
BIDDER'S BOND .............................................................................. ..............................3
DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4
TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5
NON - COLLUSION AFFIDAVIT ......................................................... ..............................6
NOTICE TO SUCCESSFUL BIDDER .............................................. ..............................7
CONTRACT...................................................................................... ..............................8
LABORAND MATERIALS BOND .................................................... .............................14
FAITHFUL PERFORMANCE BOND ................................................ .............................16
PROPOSAL............ ........................ .................... .......................... .................. I............ P-1
SPECIALPROVISIONS ........................................... . .................. I.. ............. .............. SP -1
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CITY OF NEWPORT BEACH
FIRE AND MARINE DEPARTMENT
URBAN WILDLAND INTERFACE ZONE VEGETATION THINNING AND REMOVAL
CONTRACT NO. 3224
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTION$ 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. There will be a mandatory pre -bid meeting for prospective bidders to inform bidders of the
submittal requirements and the provisions related in this bid package. We will also answer
questions concerning this project at the project site. All bidders are requested to congregate
for the meeting at City of Newport Beach, City Hall in the Fire Conference Room, located at
3300 Newport Boulevard at 9:00 a.m. on Tuesday, August 25, 1998.
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8. 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.
9. 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).
10. 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'.
11. 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.
bb851?- L-t9, 661144, A
Contractor's License No. & Classification
'}RSiB2 ylgE5
Bidder
PM
t ized Signature/Title
Date
08/31/1998 14:08 949644310 NPT BCH FIRE &MA PAGE 01
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CITY OF NEWPORT BEACH
FIRE AND MARINE DEPARTMENT
•► ; •
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 AMOUNT BID dollars
($ --- 10 % - - -�, to be paid and forfeited to the City of Newport Basch if the bid proposal of the
undersigned Principal for the Urban Wildland Interface Zone Vegetation Thinning and Removal,
Contract No. 3224 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 become 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 31ST day of AUGUST 1g 98
ARBOR SERVICES / 2CWVI
Name of Contractor (Principal) Authori d ignatur4mitte
CONTRACTORS BONDING AND INSURANCE COMPANY
Name of Surety Au rized gent Signature
23172 PLAZA POINTE DRIVE, STE. 185 KELLY A. SAITMAN,
LAGUNA HILLS, CA 92653 ATTORNEY -IN -FACT
Address of Surety Print Name and Title
(714) 770 -9733
Telephone
eWk�
(Notary acknowledgment of Principal & Surety must be attached)
�.r+�irvni�iH
ALLOJRPOSE ACKNOWLEAGEMENT
STATE OF CALIFORNIA
S.S.
COUNTY OF SAN BERNARDINO
On k 3 /-%f before me,
FRANCES LEFLER, NOTARY PUBLTr personally appeared
KELLY A. SAITMAN, ATTORNEY -IN -FACT ,
X personally known to me;
or Droved to me on the basis of satisfactory evidence to be the
person(-s) whose name Fa) is /ara subscribed to the within instrument and
acknowledged to me that (ke /she /`t§- ) executed the same in
t� /her / =ter authorized capacity(}, and that the entity upon
behalf of which the person (s+-acted, executed the instrument.
4iITNESS mv_ hand and official seal.
(SEAL)
Sicnatu e o= 70tary Public "
CAPACITY CLAI.24ED BY SIGNER:
Thcuah sta_ute does not require the nOLary to fill in the data below,
doing so may prove 'invaluable to persons relying on the document.
Individual(s)
Co crate Officers)
Titles
Partner(s)
X Attorney -in -Fact
Trustee(s)
Guardian /Conservator
Other.
Signer is representing:
and
and
Limited General
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this certificate
to unauthorized document.
Title of type of document: BOND
Number of pages: .,
Date of document:
Signer(s) other than named above:
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KNOW ALL BEN BY THESE PRESENTS that CONTRACTORS BOMM AND INSURANCE C e rreond qno app Awon under cite lows t f nary is isc othcein
SeaMe, King County, Washington, doers by those presents make, ccnattde and appoint ������ - -' � -" " "-- "' g of �� A �g P �
ire true and lawful aftomeyimfI with full power and authority hereby conferred in its name, place and stead, to sxwru, ackroMedge and deliver the bond(s) described shove; and to bind the Company thereby as fulllly%aQnod
to the rams extend as if each such band wa signed by the President, sealed with the corporate seal d the Company and dufyattested by its Secretary-, hereby ratifying and confirming all Bad the aid aft= Tglp TM M4
y 4
in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors d CONTRACTORS BONDING AND INSURANCE COMPANY on Y / 1
RESOLVEDthat the President is authorized to appoint as attomeyin -fact of the Comport KELLY A. SAITMAN with power
and authority to sign on behalf of the Company those surety bonds which trey from time to time boa pproved by Wm. Blair Meiell, in such penal sums and according to such conditions as may
be approved by Wm. Blair Maisel.
RESOLVED FURTHER that each Power of Attorney must set forth the specific description of the bond to which 0 applies, the nerve of the principal, the name of the obligee, the panel sum, the
bond number (except for a bid bond where there is no number), the identifying number of the attorneyin-fed, the identifying number of the Power of Attorney, and the name end signature of
Wm. Blair Miscall; and may set forth the description and amount of additional at nourence or collateral, R any.
RESOLVED FURTHER that Wm. Blair Meixell is auth orized to establish a specific expiration date for the Power of Attorney and to modify that date from time to time as Wm. Blair Mebell desire
rewaaery in his /her sole discreti on; the applicable expiration date to be clearly set forth in any written Power of Attorney.
RESOLVED FURTHER that, except as otherwise provided in the immediately succeeding resolution, under no dmumotences shell: (a) the contract amount for any bid, payment. perforate nos,
or combination payment and performance bond (iw, a performance and payment obligation in one bond form) exceed $1, WXOD If the bond is guerenal by the Small Business Administration;
(b) the penal sum of any bond not guaranteed by the Small Business Administration other than a bid bond which is further restricted by de use (c)) exceed $3,50D,000; and (c) a bid bond which
is not guaranteed by the Small Business Administrati on be executed for a job where, d the co mind is awarded, the bond penalty on any performance bond, payment bond, or combination
perform no end payment bond (is, a performance end payment obligation in one bond form) to be executed pursuant to the bid bond is to exceed 53,500.000.
RESOLVED FURTHER that the above named Atomsyin -fad is granted power and authority to exceed the applicable panel limits set forth in the immediately preceding resolution for any bond
in an amount equal to the amount at any addifional reinsurance or of any cash, letter of credit or other security moved! a collateral security by the Company as inducement to issue the bond,
so long as the down Phan end amount of additional ninsumna or collateral am set forth in the Power of Attorney.
RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing resolutions in any Limited Power of Attorney is hereby
delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as if sig ned by the
Secretary of the Company: Wm. Blair Meixell.
RESOLVED FURTHER that the sign flume (including unification that the Power of Attorney is still in force and affect) of Wm. Blair Mixell, and Notary Public, and the corporate and Notary seats
appearing on any Limited Power of Attorney containing this end the foregoing resolutions as well as the Limited Power of Attorney itself ea well as its transmission, may be by faceimile; and
such limited Power of Attorney shall be deemed an original in all espects
RESOLVED FURTHER that all resolutions adopted prior to today appoinfing the above named ea attorney -iniact for the Company am hereby super i ded.
IN WITNE88 WYFfgF..CONTRACTORS BONDING AND INSURANCE COMPANY hm coned these presents to be signed by Wm. Blair Meixell, and tb corporate s sel to be
hereto affixed // 77 �� Y�
AND INSURANCE COMPANY
On 9/ 19/94 , before me, Rebecca A. Ham a Notary Public in and for the Slate of California, County of Orange, personally appeared Wm. Blair Meixell
Personally known to me to be the Person whores, mute is subaibed to the within Limited Power of Attorney and acknowledged to me tint he executed the serre in his
authorized c specities and that by his signature on the Limited Power of Attorney CSIC executed the Limited Power of Attorney.
IN WITNESS WHEREOF, I her 'al now the day end year first above written.
Rebecca A. Haas
Li Comm. x1049415
ARV PUQLIC -CALIFORNIA
ORANGE (AUNTY iQ 00441
c
Comm Expense Jn 30 Inn � Ndta u he h en d7r e o California, Califomra, rounding et Mission Viola
The undersigned, acting W Offalestiliffi-M ONTRACTORS BONDING AND INSURANCE COMPANY, hereby certifies, m or in lieu of
Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a full, true and correct copy of the Original
Fairview of Ati omey issued by said Conpeny, and does hereby further certify that the said Power of Attorney is still in force and affect.
GIVEN under my hand, d-q uVa .Itl j,l , this 3 1 say of AUG 19 98
Q <. --
A11- 81(121097)
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CITY OF NEWPORT BEACH
FIRE AND MARINE DEPARTMENT
URBAN WILDLAND INTERFACE ZONE VEGETATION THINNING AND REMOVAL
CONTRACT NO. 3224
DESIGNATION OF SUBCONTRACTOR S(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 Fire Marshal 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
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
A_t & f GM we! �iL'�
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CITY OF NEWPORT BEACH
FIRE AND MARINE DEPARTMENT
URBAN WILDLAND INTERFACE ZONE VEGETATION THINNING AND REMOVAL
CONTRACT NO. 3224
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 Person Telephone
Completed Name /Agency To Contact Number
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Iqq l -fK%24 Igh9 -996 Tr. *nw+ cn,a� L .A. CAA gF T'P"0e iii 49S -SL-Ts
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-(eeF fomLvm- 34,00
For'Tff-A oplAe, Cho- tfw?- iM`tFl�w�� �gC�i 357 - x0
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11'il P" T(& TR�vvvt- -t,6C, LA 01 Cgos)�i2S -045j
cm W 9arpf
AQ9iQ "yterS
Bidder
A
AAcrited Signature/Title
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CITY OF NEWPORT BEACH
FIRE AND MARINE DEPARTMENT
URBAN WILDLAND INTERFACE ZONE VEGETATION THINNING AND REMOVAL
CONTRACT NO. 3224
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of )
RoOC� S. 5- N i -JV , being first duly sworn, deposes and says that he or she is &T
rhVA4Z- of &A8VL Sr*'vu the parry 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.
MRP4 Grp u-z
Bidder A thori d Signature/Title
Subscribed and sworn to before me this day of 6C-P-W �i,-
[SEAL]
iRENi VASOUEZ
Notary Public Comm. f 1112506
My Commission Expires: '5E� �; Z�G0 N NOTARY PUALJc CALIFORNIA
San Bernardino coly
My Comm. EKpues Sept. 19,7000
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CITY OF NEWPORT BEACH
FIRE AND MARINE DEPARTMENT
URBAN WILDLAND INTERFACE ZONE VEGETATION THINNING AND REMOVAL
CONTRACT NO. 3224
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Fire Mashal
within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of
mailing 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
CITY OF NEWPORT BEACH
FIRE AND MARINE DEPARTMENT
URBAN WILDLAND INTERFACE ZONE VEGETATION THINNING AND REMOVAL
CONTRACT NO. 3224
CONTRACT
THIS AGREEMENT, entered into this 14th day of September, 1998, by and between the CITY
OF NEWPORT BEACH, hereinafter "City," and Arbor Services, hereinafter "Contractor," is made
with reference to the following facts:
A. WHEREAS, City has advertised for bids for the following described public work:
URBAN WILDLAND INTERFACE ZONE VEGETATION THINNING AND REMOVAL
Project Description
3224
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:
1. 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. 3224, 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.
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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 Fifty Four Thousand Nine Hundred Seventy Five Dollars
($ 54.975.00).
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.
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
Fire and Marine Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Dennis Lockard
(949) 644 -3361
CONTRACTOR
Arbor Services
984 Mariner Street
Carlsbad, CA 92009
(888) 350 -8733
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."
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7. INSURANCE
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PAGE 10
(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.
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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.
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3. All Coverages
PAGE 12
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.
0 0
PAGE 13
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
CITY CLERK
APPROVE AS TO FORM:
n
Cl' ATTORNEY
.r
9 var s, Mayor
10' 1 . J.
CONTRACTOR
By.
Authorized Sign ture and Title
EXECUTED IN FOUR COUNTERPARTS BOND NUMBER: CC8766
PREMIUM INCLUDED PAGE14
CITY OF NEWPORT BEACH IN PERFORMANCE BOND
FIRE AND MARINE DEPARTMENT
URBAN WILDLAND INTERFACE ZONE VEGETATION THINNING AND REMOVAL
CONTRACT NO. 3224
BOND NO. cc8766
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to Arbor Services, hereinafter designated as the "Principal," a contract for
Urban Wildland Interface Zone Vegetation Thinning and Removal, Contract No. 3224, in the City
of Newport Beach, in strict conformity with the plans, survey matrix, specifications and other
Contract Documents in the office of the Fire and Marine 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. 3224 and the
terms thereof require the furnishing of a bond, providing that if 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 labor 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 Arbor Services 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 Fifty Four Thousand
Nine Hundred Seventy Five Dollars ($ 54.975.00), 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.
PAGE 15
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 30TH day of SEPTEMBER , 1998
ARBOR SERVICES
Name of Contractor (Principal)
CONTRACTORS BONDING AND INSURANCE
Name of Surety
23172 PLAZA POINTE DRIVE, STE. 185
LAGUNA HILLS, CA 92653
Address of Surety
(714) 770 -9733
Telephone
I vi' 0A0 ww
Auth9rized Signature/Title
KELLY A. SAITMAN, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
• �LI I-V I-SIV IH
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
S.S.
COUNTY OF SAN BERNARDINO
On f-30 -9f before me,
FRANCES LEFLER, NOTARY PURL I(-- personally appeared
X personally known to me;
or proved to me on the basis of satisfactory evidence to be the
person( -a) -chose name(-) is /ate subscribed to the within instrument and
acknowledged to me that (Ire /she /=tai) executed the same in
authorized capacity(s•e�, and that the entity upon
behalf of which the person (s,}—acted, executed the instrument.
WITNESS my_ hand and official seal.
(SEAL)
cnat-,re or Not #=y Public
CAPACITY CLAI_M.D BY SIGNER:
Though sta-ute does not require the notary to fill in the data below,
doing so may prove invaluable to persons relying on the document.
Individual(s)
Corporate Officer(s)
Titles
Partner(s)
X Attorney -in -Fact
—Trustee(s)
Guardian /Conservator
Other:
Signer is representing:
and
and
Limited General
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this certificate
to unauthorized document.
Title of type of document: BOND
Number of pages:
Date of document:
Signer(s) other than named above:
.: :r� • :r •• �.r i• g
Ll
E
EXECUTED IN FOUR COUNTERPARTS BOND NUMBER: CC8766
PREMIUM: $1,100.00
PAGE 16
CITY OF NEWPORT BEACH
FIRE AND MARINE DEPARTMENT
URBAN WILDLAND INTERFACE ZONE VEGETATION THINNING AND REMOVAL
CONTRACT NO. 3224
BOND NO. CC8766 I \90
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 2% $1,100.00
being at the rate of $ 2$ thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to Arbor Services, hereinafter designated as the "Principal ", a contract for
Urban Wildland Interface Zone Vegetation Thinning and Removal, Contract No. 3224, in the City
of Newport Beach, in strict conformity with the plans, survey matrix, specifications, and other
Contract Documents maintained in the Fire and Marine 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. 3224 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and Arbor Services, 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 Fifty Four Thousand Nine Hundred
Seventy Five Dollars ($ 54,975.0 0), 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 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
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 fails 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
0
PAGE 17
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or
to the specifications accompanying the same shall in any 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 30TH day of S PT MR R , 19 3B
ARBOR SERVICES
Name of Contractor (Principal)
CONTRACTORS BONDING AND INSURANCE COMPANY
Name of Surety
23172 PLAZA POINTE DRIVE, STE. 185
LAGUNA HILLS, CA 92653
Address of Surety
(714) 770 -9733
Telephone
fwuw�jw
Authorized nature/Title
Authorized Ag Signature
KELLY A. SAITMAN, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
S.S.
COUNTY OF SAN BERNARDINO )
On I -3o-9 P before me,
FRANCES LEFLER NOTARY PUBLIC personally appeared
KELLY A SAITMAN ATTORNEY— T Lj— FA(-.T
X personally known to me;
or Droved to me on the basis of satisfactory evidence to be the
person(- ) whose name(a) is /aa:a. subscribed to the within instrument and
acknowledged to me that (It--/she /-n§ ) executed the same in
Y3-_ /her / rpre_* authorized capacity(-_Les+, and that the entity upon
behalf of which the person (s -}- acted, executed the instrument.
WITNESS my_ hand and official seal.
(SEAL) . . .
Sicna ure o
NctAry Public
CAPACITY CMALED BY SIGNER:
Thouah sta =ute does not require the notary to fill in the data below,
doing so may prove invaluable to persons relying on the document.
Individuals)
Corperate Officer(s)
Titles
Partners),
X Attorney -in -Fact
mrustes(s)
Guardian /Conservator
Other:
Signer is representing:
Limited
and
and
General
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this certificate
to unauthorized document.
Title of type of document: BOND
Number of pages:
Date of document:
Signer(s) other than named above:
THIS CERTIFICATE HOST BE ATTACKED TO THE DOCUMENT DESCRIBED ABOVE.
unsnas��
09/,30/98 11:52:50 (206) 2-1558-> 483 5122 CB16 I Page 002
.YIMITED:POWEB'OF ATTORNEY-
CONTRACTORS :.. .�. .. ... .
.REJIO.I;AREFHLi,Y.
' BONDING AND. HYSURANCE.CONIPANY IS:RES:pONS1.9LEONLY:FOH�dNE BLSNO.DESCStl9EDAND: tip TO THE AfdpUNTSET FOATN M
THUS LMgt @P.POAtWEAOCFOTTOpRRNZY- A'W PASU11%WH.1Y614IHIS.PIO�WER OrAVOCRPOfEMYtFYOW MAyE ANY DUESTIONS AAOUTOA1�S}YANTIO
VEIRIFYTI�IB Penal S Milli PSP 9 /::0 D CALL CONTRACTORS NAB uswAftE:
NC •CP 2L4AGUNA }IILLS,CB oat Nom. �C C H 7 60.68773
�nepv 2
Limited Power ofAtterrtey P,)Epir it; Del &ApproNd: 3 ;07 9.57
Approved ..... �� l� / Cl%it.
WTn. Blau WixN1
IWirne of vrinbipal:. A,MR;... S:E.RN. ICES::
Narna'?1 OW yee:' L.'. T
DesttipGon(s):
Location OTApplicaNy:
KNOW ALL MEN BY THESE PRESENTS Met CONTRACTORS BONDING AND INSURANCE CQy @1[11 Vipe rte d?ZT rMd Idpaelmg urArMkn q-11q alegl y'ghmgbn,r�dA mg,bgoucipoloBiain
Sadie, King County, Washington, does by thus presents make, Constitute and appoint Ko k. Lt,, T H 'J f��l fi i� of UN IAl�1L1
'Rstrue and lawful anormyrintdc6 with full powerandeulhwity, hereby come in its rare, Man and Need, to execute, acknowledge and deliver the bond(a)described above; and to bind the Company thereby an Nllyend
to the samoorte nta,0 each such bond was signed by the President, named with the corporate seal of the Company and duly attested by its Secm6ry; hereby relaying and confirming all that the said attwn +94pct
in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors d CONTRACTORS BONDING AND INSURANCE COMPANY on 7 1 9� 4
RESOLVED that the Resident is authorized to appoint as IM0mey 6in4wt of the Compen � E L L Y A. S A I T M A N with power
and authority to sign on behalf of tho Company Chow surety bonds which nay from time to time be approved by Wm. Weir Mebell, in such panel sums and acceding to such conditions as may
be approved by Wm. Blair MebelI.
RESOLVED FURTHER that such Power otAtfomey must ad forth the specific description of the bond to which it applies, the name of the principal, the nits of the obligor, the penal sum, the
bond number (except for a bid bond alienations is no number), the identifying number of the attcrney+n -tad, the identifying number of the Power of Attorney, and the name and signature of
Wm. &air Maixell; and may wt forth the description and amount of addition] reinsurance or collateral, H any.
RESOLVED FURTHER that Wm. Weir Alaixell is authorized to establish a specific expiration date for tho Power of Attorney and to modify that data from time to time as Wm. Blair Mauall deems
necessary in his lhw sole discretion; the applicable expiation data to be clearly oaf forth in any written Power of Attorney.
RESOLVED FURTHER that, except as otherwise provided in the immediately succeeding resolution, under no circumstances shall: (a) the contract amount for any but, payment, padonnence,
a ambietion payment and performance bond (iA, a performance and payment obligation in one bond form) exceed 41250,000 tithe bond is guaranteed by theSmall Busies Administration;
(b) the penal sum of any bond not guaranteed by the Small Business Administration bother then a bid bond which is further restricted by deuce (c)) nosed 43,500,000; end (c) a bid bond which
is not guaranteed by the Small Business Administration be executed for a job where, d the contract is awarded, the bond pan ally on any performance bond, payment bond, or combination
performance and payment bond (is, a performance and paynent obligation in arts bond form) to be executed pursuant to the bid bond is to exceed 49,500,000.
RESOLVED FURTHER that the above named AttomeyJn4act is granted power and authoey to exceed the epplcebk+ peel limits set forth in the immediately preceding resolution for any bond
in an amount equal to the amount of any additional reinsurance or of any cash, letter of amid or other security, received as collateral security by the Company as inducement to issue the bond,
so long as the description and amount of additional minourance or collateral am wt Forth in the Power of Attorney.
RESOLVED FURTHER that the authority of theSecratery of the Company to certify the authenticity and effectiveness of the foregoing resolutions in any Limited Power of Attorney is hereby
delegated to the following persons, the signature of any of the following to bind the Campelry with respect to the authenticity and effectiveness of the foregoing resolutions as if signed by the
Secretary of the Company: Wm. Blair Meixdl.
RESOLVED FURTHERthat the signatures [including certification thatthe Power of Attorney is still in fora and effect) of Wm. Blair Meixdl, and Notary Public, and the corporate and Notary seals
appearing on any Umited Power of Attorney containing this and the foregoing resolutions as well as the United Power of Attorney itself ea well as its transmission, may be by facsimile and
such Limited Power of Attorney shell be deemed an original in all aspects.
RESOLVED FURfHERthat all resolutions adopted prior to today appointing the shove named as attorney -inflect for the Company are hereby superwded
IN WITNESS WId 5F.GONTRACTORS BONDING AND INSURANCE COMPANY Imes counted these presents to be signed by Wm. Blair Menial, and its corporate seal to be
hereto affixed Y / 1 Y �/ �7 `Y1
CONTRACTORS BONDING AND INSURANCE COMPANY
SEAL
STATE OF CALIFORNIA— COUNTY OF ORANGE 'n -Q... a y
"44S "'
On 9 / 1 9 / 9 4 , before me, Rebecca A. Hess a Notary Public in and for the State of California, County of Orange, personally appeared Wm. Blair Meixell
pe..enwlly knew- b raw for be a.w I—wen whew wee ie wberibad to tl,o wia,i- l:nisod Pewee of Attemoy and Kknerdedged b r-e 11w,t he exeeueed few . in hi.
eua.odzed cep W.. end tlwt by hi. .;grw,tue -n two Limited Power of AHuw-.y CHIC executed tiro Limited Pew of Ate,, —,
IN WITNESS WHEREOF, I hev ^_ seat seal the day and year-first above written.
Comm. O LINTY Q
CM -CA FORN)A
ORANGE E #1049415
CA f�
Canon Ermine Jan 30 Iwo Nome a be r1r en rgte�tate o Celifomra, residing at Mission Viejo
The undersigned, acting undWAMOMtrdrUWBOM ZVI 011MOffildif ONTRACTORS BONDING AND INSURANCE COMPANY, hereby certifies, as or in lieu of
Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a full, true and correct copy of the Original
Power of Attorney issued by said Company, and dose hereby further certify that the said Power of Attorney is still in force and effect.
GIVEN under my hehd,?'a .I{,1 ;7�1� s C i this 3 0 day of S E P 19 98
f, '/' - (<— rr T M1 At1- 91(121097)
'�3 P ELL !NSIJRRNCE .> 54431-70
co . CERTIFICAIT OF LIABILITY INSURA EAR _3 o`sie
PRODUCaR
BAWxu INS Asul= OCA96060)
THISCERTIFICATE IS ISSVEDASA MATTER FINFORAMT(ON
ONLY AND CONFERS NORIGHTS UPON THE CERTIFICATE
Agents G Brokers, Inc.
HOLDER. THIS CERTIFICATE GOES NDT AMEND. EXTEND OR
ALTER THE COVERAGE AFFOROEOBY THE POLIC ,ESBELOW.
P.O. Box 4646
Mission Viejo CA 92690
OOMPANIESAFFORDINOCOVERAGE _
Joe Boswell /17AL
I COMPANY
A Conaectiout Indemnity
Pnme,Na�49 855_0430 c..NO�49- 937 -b528
{I _
--
WSUREO
CJMSPMY
COMPANY
Arbor Services; Arborguard,Ine
, C
4394 Conejo Drive
COMPANY
DanvilLe CA 94506
D
COVERAGES
THIS 15 TO CERTIFY MAT THE POLICIES OF INSURANCE LISTED 00.06 HAVE SEEM MUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONORION OF ANY CONTRACT OR OTHER DOCUkr -W WITH RESPECT TO WHICH THIS
CERTIFICATE MAY SE ISSUED OR MAY PER INK THE INSURANCE AID' OROCO 6Y THE POUCF9 DESCRIBED HEREIN IS SUCJECT TO ALL ME_ TEMIS,
EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES, LMITS SHOWN MAY HAVE SEEN REDMCEO eY PASO CLAIMS. _ ^_
O
F-1YPEOFRJSURANCE POUCI NUAIGER
PCLcYSFFECnW PQUCT�RAPON
DATE ANJDDM'J QATE(MV1100"O j
LsUTS
GENERAL LiAsfrrY
OBJERAL AGGREGATE 12,000,000 _
PRODUCTS- CCMPMPAGG •32 000,000_
+f
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10/06/91 1 12/04/96
CuIINW MAO! IOCCUR
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PERSONAL 6ADV WJUIIY 1,000 000
L_
OWNER'S A CCNTRAC(ORS PROTI
E"CCCURRENCE 51,000.000_
..'( DedACtibl} g1r000
I 1FIRE
DAMAI (AAT�E�AM),
5 $0,000_
AGED EOP(A pen ro
51000
AVTOMOUSLADL"
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IF
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OESCRPfON OF OPERA "QCATIONGNEHOL095PECIAL HSMa
*10 day Noti00 of Cencell t }on for non ayment of ramium. Certifio4te
y l;yite�;�,p>. B officers, 09X�Qiala p1opgdes and volunteers,sre names
IM48 fanEE�d
Re. Urban gildland Interface
pper
pone VegetaIDOA p�,Lmo0�0111tiaahed.
CERTIFICATE HOLDER
CANCELLATION
MBWHO96
@,GULP Mr OP THE ASOVE DESCR7aiO PGUCJES SE CAACEIIEDEEFORE ONE
City of Newport Beach
EJWRATON DATE TKERECF. TKE ISSUING COMPANY WILL MA0.
Attn: Administrative Manager
30* DAYS WRITTEN NOTICE 'O THE CE7TWATE HOLDER NAMED MTNE LEFT.
public Works Department
SUCH NCYM SHALL NPOSE AO OSUOATiON OR LIASIUTY
3306 Newport Blvd, 90 Box 1768
Newport aeaoh CA 92659-1768
OF ANT KIND UPON MC GG ANY,.TE AGEMC OR REPREFEMATNED.
a R
" 1360
ACORD 25-S (118)
ACflROGORPORATIDN
OCT - 1 1993
117/✓J_'7C :N:33 tl'' "ItLL 644jl1 U 1+0.573 P02
• •
INSURED: Arbor Services; Arborguard,Tnc
POLICY NUMBER; NA102556
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 11 85
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (TiORN B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE:
Name of Perscn or Organization:
City of Newport Beach, Attn: Administrative Manager, Public
Works Department
3300 Newport Blvd, P.C. Box 1768
Newport Beach CA 92659 -1?68
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 ar.
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,
It is agreed that such insurance as is afforded by this policy
for the benefit of the additional insured stall be primary
insurance as respects any claim, loss or liability arising
directly from the named insured's operations and any other
insurance maintained by the additional insured shall be excess
and noncontributory with the insurance provided hereunder.
CG2010 (11/85)
Copyright, Insurance Services Office, Inc., 1985
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807
COMPENSATION
INS U R ^N C E
FU N DI CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
POLICY NUMBER:
: -i-"
CERTIFICATE EXPIRES: -
NE ._
L
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer.
We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies
described herein is subject to all the terms, exclusions and conditions of such policies.
17 lz-� �
AUTHORIZED REPRESENTATIVE PRESIDENT
F-
;7—n'1=1 -J
EMPLOYER
-10- L_ 444e -
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807
COMPENSATION
I N S U R A N C E
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
OCTOBER 1, 1998 POLICE NUMBER: 290 -98 UNIT 000138
1'£_99
CERTIFICATE EXPIRES:
I-
CITY OF NEWPORT BEACH 1 DENNIS LOCKARD
3300 NEWPORT BLVD / P 0 BOX 1768
NEWPORT BEACH CA 92658 -8915
JOB: ALL OPERATIONS
L
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer.
We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies
described herein is subject to all the terms, exclusions and conditions of such policies.
�'C
AUTHORIZ E� REPRESENTATIVE \ \/ / I J PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 81,000,000 PER OCCURRENCE.
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE
10/01/98 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
NAME OF ADDITIONAL INSURED: CITY OF NEWPORT BEACH
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE
10/01/98 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
THIRD PARTY NAME: CITY OF NEWPORT BEACH
EMPLOYER
F
ARBOR SERVICES
9155 BROWN DEER RD #1
SAN DIEGO CA 92121 R
1
0 0 Page PR 1
CITY OF NEWPORT BEACH
FIRE AND MARINE DEPARTMENT
PROPOSAL
URBAN WILDLAND INTERFACE ZONE VEGETATION THINNING AND REMOVAL
CONTRACT NO. 3224
To The Mayor and Members of the 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. 3224 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:
BASE CONTRACT
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
Lump Sum Mobilization and Resident Contact
@ Ave' Tf yj-oP+ Dollars
and
Cents $ 5, 00 0
Per Lump Sum
2. Thin, Prune and Remove Vegetation up to 111 Lots
according to recommendations noted in the UWI
Property Summary & Plant Legend, Vegetation
Treatment Summary, and Property Plot Maps.
Includes greenwaste disposal into City provided bins.
Foo(" Nin)E 'fL1005,N -D r"NX �A ^90c�>
@ e7eva" >'W- Dollars
and
Cents $ 5D I . o0
Per Crev�
(refer to PR 3 through PR 5 for breakdown of
lump sum for individual lots)
TOTAL LUMP SUM PRICE IN WRITTEN WORDS
F0-(69 RMT OJT N,W rwf-w) �Ae '1 O-Dollars ,
and
7 Cents
Total Price
11
Page PR 2
II. CITY OPTION —The following City Options maybe exercised by City at its sole discretion
upon execution of a change order.
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
_ AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
3. Lot Thin, Prune and Remove Vegetation
on additional lots as requested according to
recommendations noted in the UWI Property
Summary & Plant Legend
@ DNS -lf jyrA) RA &\c ') Dollars
and
Cents $ �OD
Per Lot
4. Tree Prune additional trees to correct structure
and improve aesthetics
@ TKIty wraakv 'Fwpm Dollars
and
Cents $ 350
Per Tree
5. Ton Dispose of Vegetation Off -Site at an
acceptable greenwaste reuse facility
@ DNk A,4Ud? Dollars
and
Cents $ IUD
Per Ton
6. Ton Cut into Logs and Leave Stacked On -Site
at the Resident's curb Tree Trunk and
Limb Waste over 8 inches in diameter
@ Dollars
and
Cents
Per Ton
Bidder's Name "e__
Bidder's Address qP4 ryW24� ST 91)_1109
Bidder's Telephone Number 82,9,� 350- $-?-� -`j
Contractor's License No. &
9.1 -gs
Date
532 r 2 -T C6�
' PM,
Signature & Title
F
0
Page PR 3
CITY OF NEWPORT BEACH
FIRE AND MARINE DEPARTMENT
UWI ZONE VEGETATION THINNING AND REMOVAL
UNIT PRICE PER LOT BREAKDOWN
BID ITEM NO. 2
No
Street
Owner Name
Price per
Street
737
Amigos Way lLeonard
J Aten
$1,665.00
775 -817
Amigos Way
Eastbluff Apt Owners Assn
$1,305.00
1601
Bay Cliff Circle
$450.00
413
Cabrillo Terrace
Sean M Burke
$540.00
417
Cabrillo Terrace
Nancy W Settler
$90.00
421
Cabrillo Terrace
Ed & Rhonda Noble
$90.00
1601
Castle Cove Circle
June Atkin
$225.00
405 -407
Columbus Circle
Ronald J Centre
$270.00
415
Columbus Circle
Gary & Berta Farr
$675.00
401
Cortes Circle
Thomas H Boler
$405.00
405
Cortes Circle
$360.00
409
Cortes Circle
Kenneth R Ingman
$540.00
400
jDe Sole Terrace
Steven T Bailey
$270.00
404
De Sole Terrace
Burton L Karson
$585.00
412
De Sole Terrace
Virginia Blackman
$135.00
757
Domingo Drive
Eastbluff Apt Owners Assn
$405.00
215
Evening Canyon Road
Howard Marans
$45.00
227
Evening Canyon Road
Jeffrey H Margolis
$405.00
237
Evening Canyon Road
Martha George
$405.00
241
Evening Canyon Road
$540.00
249
Evening Canyon Road
$225.00
255
Evening Canyon Road
Sandra L Haskell
$90.00
265
Evening Canyon Road
Robert Scholler
$270.00
273
Evening Canyon Road
W. Janes
$270.00
287
Evening Canyon Road
Haskell Shapiro
$675.00
212
Hazel Drive
$270.00
218
Hazel Drive
Paul Denton
$540.00
240
Hazel Drive
$225.00
248
Hazel Drive
K Brownsberger
$180.00
250
Hazel Drive
Sondra Ames
$540.00
300
Hazel Drive
Mrs. H K Neill
$225.00
308
Hazel Drive
$270.00
312
Hazel Drive
Betty D. Webb
$225.00
320
Hazel Drive
$1,440.00
336
Hazel Drive
Wiseman Residence
$405.00
408
Hazel Drive
Helen M Ray
$405.00
416
Hazel Drive
$270.00
422
Hazel Drive
Lynn S Lightcap
$540.00
0
Page PR 4
Street No
500
Street
Hazel Drive
Owner Name
Price per
$540.00
504
Hazel Drive
Allen Berry
$810.00
510
Hazel Drive
$675.00
512
Hazel Drive
Ellen G Chamberlin
$540.00
516
Hazel Drive
Elizabeth Torelli
$540.00
524
Hazel Drive
Leroy Nonemaker
$675.00
540
Hazel Drive
$270.00
445
Isabella Terrace
Robert M Brandy
$585.00
107
Milford Drive
Anton Segerstrom
$405.00
121
Milford Drive
Carolyn Verleur
$405.00
131
Milford Drive
Steve Hayama
$540.00
233
Milford Drive
$765.00
239
Milford Drive
James V Selna
$540.00
307
Milford Drive
$450.00
315
Milford Drive
Leslie M Earnest
$315.00
321
Milford Drive
$270.00
222
Morning Canyon Road
$270.00
230
Morning Canyon Road
Donald L Baggott
$405.00
234
Morning Canyon Road
$225.00
240
Morning Canyon Road
Ronald White
$315.00
248
Morning Canyon Road
$135.00
278
Morning Canyon Road
Tom & Carol Rimmer
$405.00
302
Morning Canyon Road
Joseph Bulwa
$180.00
306
Morning Canyon Road
$180.00
312
Morning Canyon Road
Marilyn Rock
$270.00
336
Morning Canyon Road
Lawrence M & Susan R Alpert
$180.00
342
Morning Canyon Road
$450.00
485
Morning Canyon Road
$1,485.00
487 -513
Morning Canyon Road
Corona Highlands Assn
$765.00
616
Poppy Avenue
Steve Mizusawa
$225.00
620
Poppy Avenue
$90.00
700
Poppy Avenue
$225.00
712
Poppy Avenue
Kathleen K Marston
$1,125.00
714
Poppy Avenue
J R McSunas
$360.00
720
Poppy Avenue
Dennis S Gilchrist
$180.00
724
Poppy Avenue
$315.00
730
Poppy Avenue
Randi L Keats
$180.00
734
Poppy Avenue
$405.00
900 -970
Poppy Clubhse Area Al
Gilbert Geis
$180.00
1600
Reef View Circle
$585.00
1612
Reef View Circle
$180.00
1618
Reef View Circle
Everett T Stahl
$135.00
507
Rockford Place
Ron Centre
$315.00
607
Rockford Road
$315.00
615
Rockford Road
Gregory & Laura Hart
$405.00
621
Rockford Road
Helen R Lusch
$495.00
627
Rockford Road
$810.00
633
Rockford Road
Paul Franklin
$675.00
962
Sandcastle Drive
Dennis DeLaPaz
$225.00
990
Sandcastle 2r e
$360.00
994
ISandcastle Drive
$765.00
0
Page PR 5
Street No
1026
Street
Sandcastle Drive
Owner Name
Price per
$270.00
1104
Sandcastle Drive
Dennis C Forsyth
$405.00
1212
Sandcastle Drive
Edward F Ellison
$540.00
1406
Sandcastle Drive
$630.00
1412
Sandcastle Drive
James L Rubel Jr
$225.00
1416
Sandcastle Drive
Susan S Kensey
$225.00
1428
Sandcastle Drive
Larry Roberts
$180.00
1432
Sandcastle Drive
Kate Mack
$270.00
1612
Sea Bell Circle
$405.00
401
Seaward Road
Jack O Dunn
$270.00
504
Seaward Road
Lucia Barker
$405.00
508
Seaward Road
Ted J Bush
$675.00
524
Seaward Road
Robert R Hurwitz Tr
$675.00
528
Seaward Road
$360.00
540
Seaward Road
$135.00
544
Seaward Road
$1,800.00
552
Seaward Road
$945.00
626
Seaward Road
Roy Giordano
$1,350.00
182
Shorecliff Road
$405.00
183
Shorecliff Road
$405.00
187
IShorecliff Road
$405.00
222
Hazel Drive
Bonnie Nolan
$585.00
TOTAL PRICE $50,175.00
BID ITEM 2
E
(9)
CITY OF NEWPORT BEACH
FIRE AND MARINE DEPARTMENT
ADDENDUM NO. 1
URBAN WILDLAND INTERFACE ZONE VEGETATION THINNING AND REMOVAL
CONTRACT NO. 3224
DATE: BY:
M' a Ma y, Deputy Fire Marshal
TO: ALL PLANHOLDERS
Attached is REVISED PROPOSAL to be used for bidding.
The following modifications /changes have been made: In addition, the minutes to the Pre -bid
Meeting and Properties Packages are attached.
1. Proposal Page PR1, Item No. 2, Change 114 Lots to 111 Lots.
2. Proposal Pages PR 3 — PR 5, Delete Owner Names and addresses Herber
Malmon, Mel J. Grandinette, Jorlaine Cunningham and Richard
C.Harano. Add Owner Name and Adress, Betty D. Webb, 312 Hazel
Drive.
3. Special Provisions Page 1, Section I — GENERAL REQUIREMENTS, A. DESCRIPTION
OF WORK, Paragraph 1 change 114 to 111.
4. Special Provisions Page 6 Section II — SCOPE OF WORK, B. SHRUB AND
GROUNDCOVER THINING AND REMOVAL, Paragraph 1, delete the
following sentence: All shrubs greater than two feet in height located
withing five feet of a tree trunk shall be removed..
Bidders shall sign this Addendum No. 1 and attach it to REVISED PROPOSAL. No bid will
be considered unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum No. 1 and have
included full payment in the attached PROPOSAL.
Bidder:pMame (Please Print)
Signature & Title
►,gs
Date
__ • � Can �
Council Agenda
September 14,1998
No, '
"Y
THE 1.1 l'i (.� ✓.i: .
NEWPORT eLAC
To: Honorable Mayor and Members of the City Council SEP ; 4
From: Timothy Riley, Fire and Marine Chief ')&-'
Subject: Capital Project Re- authorization, Urban Wildland Interface
RECOMMENDATION
o
1. Approve re- authorization of capital projects associated with the work supporting
the removal of combustible vegetation in Urban Wildland Interface areas of
Newport Beach.
2. Award Contract No. 3224 to Arbor Services for the total price of $54,975 and
authorize the Mayor and City Clerk to execute the Contract.
BACKGROUND
In May 1995 the City of Newport Beach made application to the Federal Emergency
Management Agency (FEMA) for grant funds to mitigate fire hazards in the urban
wildland interface areas of Newport Beach. In August 1995 FEMA approved the project
estimated to cost $284,320 with FEMA reimbursing 75% of the cost, obligating $213,240
in Federal disaster funds.
Over the next two years the City worked with affected homeowners to develop a
hazard reduction plan acceptable to both the wildland environment, the esthetics of the
area, and the concerns and dangers posed by the adjacent combustible vegetation.
In April 1997 the City, after gaining consensus with the affected community, adopted
regulations in the municipal code defining the methods and extent to which these
hazards must be abated. The Council further authorized four, multi-year capital
projects totaling $284,320 to facilitate the reimbursable FEMA grant for the hazard
mitigation in these areas. Those areas were identified as Lower Big Canyon, Upper Big
Canyon, Morning Canyon, and Buck Gully.
As a result of additional costs associated with the newly adopted regulations, the City
requested and was granted additional FEMA funds, bringing the total to $332,321, with
revised FEMA obligated funds of $249,240.
The City expended $25,664 in fiscal year 1996 -1997 for work on City property at Lower
Big Canyon. Fiscal year 1997 -1998 an additional $166,660 was encumbered in the
mitigation of Lower Big Canyon, Upper Big Canyon, and survey and documentation
services in Buck Gully and Morning Canyon. The final phase of the project, which will
be accomplished this year, includes the mitigation work of Buck Gully and Morning
Canyon. Portions of the re- authorized funds will be used for coordinating efforts,
disposal of combustible vegetation, and final closeout survey to confirm compliance
with City standards. Staff is now requesting the re- authorization of the remaining •
$133,996 in the following accounts:
7014C2330357 Hazard Mitigation Buck Gully $88,067
7014C2330358 Hazard Mitigation Morning Canyon $45,929
The areas of Morning Canyon and Buck Gully are privately owned and property
owners may take advantage of the grant assistance. The terms of the grant require
property owner contributions of 25% of the costs of mitigation with the grant paying
75% of the costs of the work.
Associated with this work is the selection of a contractor to perform work on identified
private properties in Buck Gully and Morning Canyon. The City, as prescribed in the
Municipal Code, requested contractors bid to perform the work on 111 properties
where homeowners requested assistance in mitigating the combustible vegetation.
Seven recommended firms were invited to bid on this project.
At 2:00 p.m. on September 1, 1998, the bidding was closed and the City Clerk opened
and read the following bids for this project:
Arbor Services is located in San Diego, California. A check with their experience
references indicates that Arbor Services has successfully completed projects of a similar
nature for other Southern California agencies. In addition, their contractor's license is
current and active.
CONCLUSION
This is the final phase of the FEMA Urban Wildland Interface Hazard Mitigation
Project. It is requested the City Council approve re- appropriation of these funds for this
work and award the contract to Arbor Services of San Diego, California.
FISCAL IMPACT
This budget re- appropriation has no impact on our current budget.
•
0
Bidder
Amount Bid
Low
Arbor Services
$54,975.00
2
Environmental Care, Inc. d.b.a. Arbor Care
$82,010.00
Starr, Inc.
$119,250.00
Arbor Services is located in San Diego, California. A check with their experience
references indicates that Arbor Services has successfully completed projects of a similar
nature for other Southern California agencies. In addition, their contractor's license is
current and active.
CONCLUSION
This is the final phase of the FEMA Urban Wildland Interface Hazard Mitigation
Project. It is requested the City Council approve re- appropriation of these funds for this
work and award the contract to Arbor Services of San Diego, California.
FISCAL IMPACT
This budget re- appropriation has no impact on our current budget.
•
0
Cry of Newport Beach* NO. BA- 008
BUDGET AMENDMENT
1998 -99 AMOUNT: 5133,99s.00
CT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To appropriate $133,996 for the Urban Wildlife Hazard Mitigation Grant sponsored by FEMA. $91,996 of this budget amendment
represents re- appropriation of unspent and unencumbered funds needed to complete the original hazard mitigation work in Buck
Gully and Morning Canyon. $42,000 represents additional FEMA authorization.
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE Debit
Eund Account Description
General Fund 010 3605 Fund Balance Control $133,996.00
REVENUE APPROPRIATIONS (3601)
0 Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Division Number
Account Number
Automatic S
Signed: —
Financial oval: Finance Director
Signed: ,���
Admi strative Approval: City Manager
SO:
City Council Approval: City Clerk
Credit
$88,057.00
$45,929.00
I L -F
Date
2 - ate
D
Date
Description
Division
Number
7014
General Fund Cap. Projects - Misc Studies
Account
Number
C2330357
Hazard Mitigation Buck Gully
Division
Number
7014
General Fund Cap. Projects - Misc Studies
Account
Number
C2330358
Hazard Mitigation Morning Canyon
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Automatic S
Signed: —
Financial oval: Finance Director
Signed: ,���
Admi strative Approval: City Manager
SO:
City Council Approval: City Clerk
Credit
$88,057.00
$45,929.00
I L -F
Date
2 - ate
D
Date
y of Newport Beach
BUDGET AMENDMENT
1998 -99
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Budget Appropriations AND
Transfer Budget Appropriations
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
NO. BA- 008
AMOUNT: 5133,9s6.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect orr t &T-T, ACe
C._! OF 4SN ^r CRT BEACH jl
r
This budget amendment is requested to provide for the following: Y
To appropriate $133,996 for the Urban Wildlife Hazard Mitigation Grant sponsored by FEMA. $91,996 of this budget amendment
represents re- appropriation of unspent and unencumbered funds needed to complete the original hazard mitigation work in Buck
Gully and Morning Canyon. $42,000 represents additional FEMA authorization.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Eland Account
General Fund 010 3605
REVENUE APPROPRIATIONS (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Fund Balance Control
Description
Division Number
Account Number
Signed:
Financial oval: Finance Director���'
Signed:
AdmOtstrative Approval: City Manager
City anager
Signed: C(� "�. 0)�/1-f�( T)' '
City Council Approval: City Clerk
Amount
Debit Credit
$133,996.00
• Automatic
$88,067.00
$45,929.00
ate
Dat�
- /y / <f
Date
Description
Division
Number
7014
General Fund Cap. Projects - Misc Studies
Account
Number
C2330357
Hazard Mitigation Buck Gully
Division
Number
7014
General Fund Cap. Projects - Misc Studies
Account
Number
C2330358
Hazard Mitigation Morning Canyon
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Signed:
Financial oval: Finance Director���'
Signed:
AdmOtstrative Approval: City Manager
City anager
Signed: C(� "�. 0)�/1-f�( T)' '
City Council Approval: City Clerk
Amount
Debit Credit
$133,996.00
• Automatic
$88,067.00
$45,929.00
ate
Dat�
- /y / <f
Date
E
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Arbor Care
1960 S. Yale Street
Santa Ana, CA 92704
Gentlemen:
(714) 644 -3005
October 6, 1998
Thank you for your courtesy in submitting a bid for the Urban Wildland Interface Zone
Vegetation Thinning and Removal (Contract No. 3224) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
PAGE 3
CITY OF NEWPORT BEACH
FIRE AND MARINE DEPARTMENT
URBAN WILDLAND INTERFACE ZONE VEGETATION THINNING AND REMOVAL
CONTRACT NO, 3224
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of Ten Percent of the bid in- dollars
($ 107, ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the
undersigned Principal for the Urban Wildland Interface Zone Vegetation Thinning and Removal,
Contract No, 3224 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 become 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 31st day of
Environmental Care, Inc.,
dba Arbor Care
Name of Contractor (Principal)
EMPLOYERS INSURANCE OF WAUSAU,
A Mutual Company
Name of Surety
801 S. Figueroa Street, Ste. 850
Los Angeles, CA 90017 -2573
Address of Surety
213- 614 -1837
Telephone
August 19 98
Authorized Signature ile
i
A- , . Cr Rio, ly,
Authorized Agent S' I`G ure
I/
E.S. Albrecht, Jr. Attorney In -Fact
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
0
CALIFGRIWA.ALL= PURPOSE ACKMO 1 fdGMENT
State of California
County of Los Angeles
On August 31, 1998 before me, Harriet Lambell, Notary Public,
personally appeared E.S. Albrecht, Jr. 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 acknowledged 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.
AS= IOD31-!
CA*O"V: Harriet Lambell
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EMPLM- RASURANCE OF WAUSAU ASJtual Company
POWER OF ATTORNEY
(FOR BID BONDS ONLY)
KNOW ALL MEN BY THESE PRESENTS:
That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Companv, a corporation duly organized and existinu under
the laws of the State of Wisconsin, and having its principal office in the Citv of Wausau. County of Marathon. State of
Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint
E. S. Albrecht Jr. C. K. Nakamura, Daniel Ortiz, Kathy Calvert,
Harriet Lambell Lisa L. Thornton Tracy Aston
its true and lawful attornev- inrfact, with full power and authority hereby conferred in its name, place and stead, to execute.
seal, acknowledge and deliver ANY AND ALL BID BONDS OR WRITTEN DOCUMENTS INVOLVING BID GUARAN
TEES OR IN THE NATURE THEREAFTER ----------------------------------------- - --
ado bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with
the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said
attomey-inrfact may do in the premises.
This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a
meeting duly called and held on the 18th day of May, 1973. which resolution is still in effect:
"RESOLVED, that the President and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF
WAUSAU A Mutual Company be, and that each of them hereby is. authorized to execute powers of attorney qualifying
the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A
Mutual Company bonds, undertakings and all contracts of suretyship; and that any secretary, or assistant secretary be,
and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach
thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company:"
"FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU
A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and
any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding
upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect
to any bond, undertaking or contract of suretyship to which it is attached:'
IN WITNESS WHEREOF, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be
signed by the vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this ISt day of
April 11997
EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
By
J. Stephen Ryan Vice President
Attest: /!
R. J. Besieman ' Assistant Secretary
STATE OF WISCONSIN )
) as.
COUNTY OF MARATHON )
On this 1st day of April , 1927- before me personally came
J. Stephen Ryan , to me known, who being by me duly sworn, did depose
and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCoripany, the corporation described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so
affixed by order of the Board of Directors of said corporation and that he signed his time thereto by like order.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year herein
l first � above written.
,
Patricia A. Herdina Notary Public
NOTARY PUBLIC F.•-
STATE OF WISCONSIN `
MY COMMISSION EXPIRES MAY 24, 1998
STATE OF WISCONSIN )
CERTIFICATE '' °• -^ `'
CITY OF WAUSAU ) ss.
COUNTY OF MARATHON I
I, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Companv, a Wisconsin
corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A V ALI DAT-
ING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full force and has not been
revoked; and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force.
Signed and sealed in the City of Wausau, Marathon County, State of Wisconsin, this 31st day
of August ,I9 98
learo + +n'q R. J. Besteman -� Assistant Secretan
Si
L,
Aj
NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF
ATTORNEY, CP,LL. TOLL FREE 180018261661. (IN WISCONSIN. CALL IBOM 47? 0041,
815 - 4222 -1 09 -96
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
W. B. Starr, Inc.
20602 Canada Road
Lake Forest, CA 92630
Gentlemen:
(714) 644 -3005
October 6,1998
Thank you for your courtesy in submitting a bid for the Urban Wildland Interface Zone
Vegetation Thinning and Removal (Contract No. 3224) 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
PAGE 3
CITY OF NEWPORT BEACH
FIRE AND MARINE DEPARTMENT
URBAN WILDLAND INTERFACE ZONE VEGETATION THINNING AND REMOVAL
100161011111
►•
VVe, 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 AMOU 11cliars
($10Z of Bid, to be paid and forfeited to the City of Newport Beach if the bid proposal of the
undersigned Principal for the Urban Wildland Interface Zone Vegetation Thinning and Removal,
Contract No. 3224 in the City of Newport Beach, is accepted by the City Council of the City of
Newport $each and the proposed contract is awarded to the Principal, and the Principal fails to
dufy 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 become 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 lst day of September , 19 98.
W. B. STARR, INC.
Name of Contractor (Principal)
RF .TAN E S tRETY COMPANY
Name of Surety
700 No. Brand Blvd., #1250
Glendale, CA 91203
Address of Surety
(818) 547 -6723
Telephone
Authorized Signature/Title
uthonzed Agent Signature
Marsha C. Garrison, Attorney -in -Fart
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
ALL•PURPA ACKNOWLEDGMENT •
State of California
County of Orange
On September 1, 1998 before me, _Leon E. Blakely, Jr. /Notary Public
Oat. Nama a tl rae of agftw (..g..'ja.. 000. Notary PvCW)
personally appeared Marsha C. Garrison
Narea(s) of 5,gn.gs)
3 personally known to me
G proved to me on the basis of satisfactory evidence
$IGname o: Votary >a�iic
OPTIONAL
7. :ousa the information below s nor required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and rearlachment of thus form to another document.
Description of Attached Document
Title or Type of Document:
Bidder's Bond
Document Date: September 1, 1998 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Marsha C. Garrison
Individual
LI Corporate Officer
Title(s):
'- Partner Limited General
LV Attorney-in -Fact
±± Trustee
u Guardian or Conservator
_' Other:
Signer Is Representing:
n ,n a-
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Signer's Name:
G
G
u
U
Individual
Corporate Officer
Title(s):
Partner — Limited - General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
a•
Top of (numb nere
to be the person(Z) whose name( is /dM subscribed to the
within instrument and acknowledged to me that /she /3fW
2 LEON E. BLAKELY ]R.
executed the same in M/herXWauthorized capacity(7es),
COMM,N 1748109 m
M
and that by her/fI516 RSignature(g) on the instrument the
Q:.� NOTANYPIKIC- Cf11ma
4,i. ORANGE-M -1.
Person or the entity upon behalf of which the erson
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acted, executed the instrument.
WITNESS my hand and official seal.
$IGname o: Votary >a�iic
OPTIONAL
7. :ousa the information below s nor required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and rearlachment of thus form to another document.
Description of Attached Document
Title or Type of Document:
Bidder's Bond
Document Date: September 1, 1998 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Marsha C. Garrison
Individual
LI Corporate Officer
Title(s):
'- Partner Limited General
LV Attorney-in -Fact
±± Trustee
u Guardian or Conservator
_' Other:
Signer Is Representing:
n ,n a-
Top of thumb nere
Signer's Name:
G
G
u
U
Individual
Corporate Officer
Title(s):
Partner — Limited - General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
a•
Top of (numb nere
i aft"T • .o r• •- a : -• e
Millie
RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin (herein collectively called "the Companies ") and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Marsha C. Garrison, of Anaheim, California their true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver for
and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to
the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the
Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorneys) -in -Fact may do in
pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of
Directors shall have power and authority to (a) appoint Attorneylsl -in -Fact and to authorize them to execute on behalf of the Company. IwrMs and undertakings, recognizances, contracts of indemnity
and other writings obligatory in the nature thereof, and Ibl to remove any such Attorneylsl -in -Fact at any time and revoke the power and authority given to them.
2. Ahorncy(sl -,n -Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds
and undertakings. recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings,
recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
3. Attorneyls)- in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances. contracts of indemnity or other conditional or obligatory
undertakings and they shall also have power and authority to certify the financial statement of the Company and to copes of the By -Laws of the Company or any article or section thereof.
This Power of Attorney a signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance
Insurance Company, United Pacific Insurance Company and Reliance National indemnity Company by Unanimous Consent dated as of February 28, +994 and by the Executive and Financial
Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994.
"Resolved that the signatures of such directors and officers and the seal Of the Company may he affixed to any such Power of Attorney or any certificates relating thereto by
facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so
executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is
attached.•
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July 19,
1996.
a pal � ' `��.J�e '�•,•�•/ �•
STATE OF Washington j
COUNTY OF King } ss.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
�l
On this, July 19, 1996, before me, Janet Blankley, personally appeared Mark W. Alsup, who acknowledged himself to be the Vice President of
the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National
Indemnity Company and that as such, being authorized to do so, executgdtLe foregoing instrument for the purpose therein contained by signing
the name of the corporation by himself as its duly authorized officer. n , -
In witness whereof, I hereunto set my hand and official seal
PI18UC
Ji ,a 7�cl�
9�OFWA P Notary P lic in and for the State of WashingtImp-
ANY, Residing Puyallup ACIFIC
I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED P INSUR ?.NCE and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true am; crrrect copy of the Power
of Attorney executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1St day of Saptetnbei 19 98
uy roVw ��`w`
ovsee
Assistant Secretary
�— 1 -if'n `�'i1 r r r = t •-a. �r'Y:a:.f..l_.+ArLLL1sr7_ iC7i7 - rZ: