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Home My WebLink AboutC-3320 - Bayside Drive Parkway ImprovementsCI 1 7 OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 14, 2001 Green Giant Landscape, Inc. 941 Macy Street La Habra, CA 90631 Subject: Bayside Drive Parkway Improvements (C -3320) To Whom It May Concern: On November 14, 2000, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on December 21, 2000. The Surety for the contract is American Motorists Insurance Company, and the bond number is 3SM- 982 - 583 -00. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lib cc: Public Works Department Lois Thompson, Administrative Coordinator enclosure 3300 Newport Boulevard, Newport Beach BOND PREMIUM BASED ON • i EXECUTED IN FOUR PARTS • FINAL CORTP,ACT PRICE PAGE ;„ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARKWAY IMPROVEMENTS CONTRACT NO. 3320 BOND NO. 3SM 982 583 00 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,412.00 being at the rate of S 20.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California. by motion adopted, awarded to Green Giant Landscape, Inc., hereinafter designated as the "Principal ", a contract for construction of BAYSIDE DRIVE PARKWAY IMPROVEMENTS, Contract No. 3320 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications. and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3320 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and American Motorists Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of seventy thousand, five hundred ninety-three and 00 /100 Dollars ($70,593.00), 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 speed, 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. 0, s PAGE I As a part of the obligation secured hereby, and in addition to the face amount specified jr) this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, oniy in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. 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 one (1) year 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 18th day Of April , 2000. Green Giant Landscape, Inc. Name of Contractor (Principal) American Motorists Insurance Company Name of Surety 7470 N. Figueroa Blvd. Los Angeles, CA 90041 Address of Surety 714) 771 -4701 Telephone Michael t. Gunditt Attorney -in -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED \W IS 1` SYS1USerS1PBWlShared�ConrradsXFY 9H- M%yside Orin Parkway C- 3201CONTRACT C-332040c CALIFORNIA ALL *RPOSE ACKNOWLEDGMW State ol•Calilbrnia COLI110 ol'Oran('Tc (hl APR 18 20 before me, Susan E. Moralee%Volarh Pcrhlic• ��n:. rn,.e n aria F:ls personally appeared Michael E. Cuntliff NA.NIE or• SIGNER Z Personally known to me - or - ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in AN E. MORALES �I� his/her/their authorized capacity(ies), and that by his/her/their ... tit COMM. #1166606 signature(s) on the instrument the person(s), or the entity upon . °m - • ^ NOTARY POBUC - CALIFORNIA 3 ?i ORANGE COUNTY N behalf of which the person(s) acted, executed the instrument. My Cam m. Exp. Dec. 25, 2001 it j WITI TTESS mV hand and official seal. XJ imam � - /aim �Y.vo (.SIG ATL RE OF NOT I R)) OPTIONAL Thou._h the data below is not required by law, it may prose valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ 1NDIVIDUAL /O`W'NER ❑ CORPORATE OFFICER TITLE(S) PARTNER(S) LIMITED GENERAL ® ATTORNEY -IN -FACT TRUSTEE(S) ❑ GL ARDLAN. CON SERVATOR OTHER: SIGNER IS REPRESENTING: NAN[E OF F6RSON(S) OR FN 11 Il I IF..1i Ainerican Alotorists Insurance Company Bond(s) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT ALL- PURPOSE ACKNOWLEDGMENT • FState of California l i ' County of ORANGE } SS. IOn 4/24/00 before me, ROSEMEIRE TOLEDO HENDERSON I • (DATE) (NOTARY) • 1 personally appeared DONALD L HENDERSON I SIGNERS) ' ® personally known to me - OR- ❑ proved to me on the basis of satisfactory • evidence to be the person(s) whose name(s) ! Iis /are subscribed to the within instrument and I • acknowledged to me that he/she/they executed • ' the same in his /her /their authorized ' • capacity(ies), and that by his /her /their • Isignature(s) on the instrument the person(s), ' • or the entity upon behalf of which the • ' person(s) acted, executed the instrument. ' ' flOSEMEIHE T06 DD HE66SON ' N Comm.f1119S30 N WITNESS m n nd ficial seal. • INO1ARY fl18LIDCALIFORIdA „ ' lq Aaplln Courp „� }%� • t1Y Comm. E:pinl Nplil I1,300�� • TARY'S SIGNATURE • ' OPTIONAL INFORMATION IThe information below is not required by law. However, it could prevent fraudulent attachment of this ack -howl- ' • edgment to an unauthorized document. • CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT '❑ INDIVIDUAL f • x❑ CORPORATE OFFICER BONDS I PRESIDENT TITLE OR TYPE OF DOCUMENT ' Tm _E(S) ' ❑ PARTNER(S) ' NUMBER'OF PAGES ❑ ATTORNEY -IN -FACT • ' ❑ TRUSTEE(S) ' • ❑ GUARDIAN /CONSERVATOR DATE OF DOCUMENT • I❑ OTHER: ' ' OTHER ' fRIGHT THUMBPRINT ' • SIGNER IS REPRESENTING: OF i ' NAME OF PERSON NT S) OR EITY(IES) E SIGNER • a APA 5/97 VALLEY- SIERRA, 800.362 -3369 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 December 21, 2000 Green Giant Landscape, Inc. 941 Macy Street La Habra, CA 90631 Subject: Bayside Drive Parkway Improvements (C -3320) To Whom It May Concern: On November 14, 2000, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 16, 2000, Reference No. 20000626728. The Surety for the contract is American Motorists Insurance Company, and the bond number is 3SM- 982- 583 -00. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Lois Thompson, Administrative Coordinator encls. 3300 Newport Boulevard, Newport Beach • EXECUTED IN FOUR PARTS • r4GE ,q CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARKWAY IMPROVEMENTS CONTRACT NO. 3320 BOND NO. 3SM 982 583 00 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Green Giant Landscape, Inc., hereinafter designated as the "Principal." a contract for construction of BAYSIDE DRIVE PARKWAY IMPROVEMENTS, Contract No. 3320 in the City of Newport Beach, in strict conformity with the plans, drawings. specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3320 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, American Motorists Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of seventy thousand, five hundred ninety -three and 001100 Dollars ($70,593.00) 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. FaGi' r5 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to rile 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 vith 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 Principat and Surety, on the 18th day of April _, 2000. -� Green Giant Landscape, Inc. e�SlOt� l Name of Contractor (Principal) thonze ignatureTtle American Motorists Insurance Company w Name of Surety Authorized Agent Signatur 7470 N. Figueroa Blvd. Michael E. Cundif Los Angeles, CA 90041 Attorney -in -fact Address of Surety Print Name and Title 714) 771 -4701 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED (':kLIFORNI.\ . "V.1. -. RPOSF A('K.NOWL.EUGYII*'• Slate ofC'alilix•nia C'ounk ol'Oram c "I APR 18 20M before Inc. .Susan E. /Iforuleti%Votarp Public personall\ appeared Michael E. Cundijf NAAII UFAIBNvR Personally known to me or - ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he /she /they executed the same in SUSAN E. MORALES his /herltheir authorized capacity(ies), and that by his /her /their g ° COMM. #1166606 3 signature(s) on the instrument the person(s), or the entity upon ° m NOTARY PUBLIC - CALIFORNIA 3 ORANGE COUNTY N My Comm. Exp. Dec. 25, 2001 behalf of which the person(s) acted, executed the instrument. I� WITNESS /my hand and official seal. (.SIG 7.-I TL RE OF .NOT RYl OPTIONAL Though the data below, is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY" CLAIMED BY SIGNER INDIVIDUAL!OWNER CORPORATE OFFICER F� PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OP PERSONS) OR t-.N, l'rrY(lt ?S) American Motorists Insurance Compannv DESCRIPTION OF ATTACHED DOCUMENT Bond(s) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES TEOFDOCUMENT ALL- PURPOSE ACKNOWLEDGMENT • State of California ' County of ORANGE SS. ' IOn 4/24/00 before me, ROSEMEIRE TOLEDO HENDERSON ' • (DATE) (NOTARY) • ' personally appeared DONALD L HENDERSON ' SIGNERS) f® personally known to me - OR- ❑ proved to me on the basis of satisfactory ' • evidence to be the person(s) whose name(s) • Iis /are subscribed to the within instrument and f acknowledged to me that he/she/they executed • ' the same in his /her /their authorized ' AOSEMEIflE TOlE00 HENDEfl50N Comm. t 1119§30 N N XOIARY PUXLIGCAtIFORXIA lm AopXpl Cv+ery � WY Comm. hpim April 11,!00! 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 al seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this aclrnowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL 7C❑ CORPORATE OFFICER PRESIDENT TrrLE(s) ❑ PARTNER(S) ❑ ATTORNEY —IN —FACT ❑ TRUSTEE(S) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES • ❑ GUARDIAN /CONSERVATOR DATE OF DOCUMENT i I ❑ OTHER: ' ' OTHER ' 'RIGHTTHUMBPRINT ' • SIGNER IS REPRESENTING: OF NAME OF PERSON(S) OR ENTTTY(IPS) E • ' SIGNER ' I APA 5197 VALLEY - SIERRA, 800.362 -3369 MEMPEa. Home Office: Long Grove, IL 80049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company') do hereby appoint Michael E. Cundiff of Orange, California""""""""""" their true and lawful agent(s) and attomey(s) -in -fad, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO MILLION DOLLARS ($2,000,000.00)x"' EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the. said Camp g�yA as fully and amply to all intents and purposes, as If the same had been duly executed and acknowledged by their regularly elected offickrs ftl 4ir principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and egad: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this August 30, 1999. Attested and Certified: �,/ lop IsAI Orw Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company ,Q- S 1G. p, rr- Robert P. Hames, Secretary by J. S. Kemper, 111, Exec.Vice President 6 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 9 Recorded in Official Records, County of Orange Gary Granville, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2000062672811:24am 11116100 114 21 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 'Exempt rom recording ees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Green Giant Landscape, Inc. of La Habra, California, as Contractor, entered into a Contract on March 28, 2000. Said Contract set forth certain improvements, as follows: Bayside Drive Parkway Improvements, C -3320 Work on said Contract was completed on October 5, 2000, and was found to be acceptable on November 14, 2000, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is LM Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ut . ; l C at Newport Beach, California. BY City Clerk , cF Ne1._ I iF F� November 14, 2000 CITY COUNCIL AGENDA APPROVED ITEM NO. 12 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BAYSIDE DRIVE PARKWAY IMPROVEMENTS, CONTRACT NO. 3320 - COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION: On March 28, 2000, the City Council authorized the award of the Bayside Drive Parkway Improvements contract to Green Giant Landscape, Inc., of La Habra, California. The contract provided for the construction of a decorative block wall and planters including landscaping, irrigation, and conduit for future lighting. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $70,593 Actual amount of bid items constructed: 70,618 Total amount of change orders: -0- Final contract cost: $70,618 The increase in the amount of actual bid items constructed over the original bid amount resulted in the need for an additional drainage inlet. The final overall construction cost was $25.00 over the original bid amount. SUBJECT: BAYSIDE DRIVE PAY IMPROVEMENTS, CONTRACT NO. 3320 - C•LETION AND ACCEPTANCE November 14, 2000 Page 2 Funds for the project were budgeted in the following account: Description Account Amount Bayside Drive Beautification 7015- C3170510 $70,618 All work was completed on October 5, 2000, the scheduled completion date. Respectf�I(l�y�s fitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: Lois Thompson Administrative Coordinator ' CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 14th day of March 2000, at which time such bids shall be opened and read for BAYSIDE DRIVE PARKWAY IMPROVEMENTS Title of Project Contract No. 3320 $60.000.00 Engineer's Estimate 0 Appr d by Don Webb Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Stephen J. Luy, Project Manager at (949) 644 -3311. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARKWAY IMPROVEMENTS CONTRACT NO. 3320 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO 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 LABOR AND MATERIALS BOND .................................................... .............................14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 i • PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARKWAY IMPROVEMENTS CONTRACT NO. 3320 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. 0 • PAGE 2 The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. I 03D4 -7 g /4 � 6-Al ontractor's License No. & Classification *Da 3 �o 0 OL IpTnT I . CITY OF NEWPORT BEACH Bond: #3SM 888 274 00 PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARKWAY IMPROVEMENTS CONTRACT NO. 3320 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of lox of the Bid Amount Not to Exceed Nine Thousand 6 NO /100ths Dollars ($ 9,000.00 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BAYSIDE DRIVE PARKWAY IMPROVEMENTS, Contract No. 3320 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 (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 13th day d Green Giant Landscape, Inc. Name of Contractor (Principal) American Motorists Insurance Company Name of Surety 7470 N. Figueroa Blvd. Los Angeles, CA 90041 _ Address of Surety 714) 771 -4701 Telephone ZTt;rized Aoen is ature Michael E. Cundiff /Attorney -in -fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) „CALIFORNIA ALL - *RPOSE ACKNOWLEDGMEW State of California County of Orange On MAR 13 2000 before me, Susan E. MoraleslNotary Public NAME, TITLE OF OFFICER personally appeared Michael E. Cundiff NAME OF SIGNER ® Personally known to me - or - ❑ SUSAN E MORALES o�} 11M1 11111606 #1166606 �j'pp'm NOTARY POBU'- CALIFORNIA 3 \' ORANGE COUNTY ro My Comm. Exp. Dec. 25, 2001 Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL /OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrrY(IES) American Motorists Insurance Company OF ATTACHED DOCUMENT Bond(s) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT Mtmpim • • Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company ") do hereby appoint Michael E. Cundiff of Orange, California'. * * * * * * * *** *. * * ** * ** their true and lawful agent(s) and attomey(s) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO MILLION DOLLARS ($2, 000, 000.00) .......... .......... *...... ....«...._* ***............................... EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Cmngariy as fnlIVIInd amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this August 30, 1999. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company 1 Robert P. Harries, Secretary by J. S. Kemper, III, Exec.Vice President STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and Robert P. Harries personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. My commission expires 1 -26-02 CERTIFICATION AAAAAAAIAA11A t "OFFICIAL SEAL" .4 Mans Klewer Notary Public; State of linnols Iy commismOn Exps�Jan at. WOG •�rrr�rr�►�r♦ Irene Klewer, Notary I, J.K. Conway, Corporate Secretary of the Lumbermen Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated August 30, 1999 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and Robert P. Harries, who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the Lumbennens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbennens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this MAR 13 2000 e a6lq �Ntf l4ryi /� Arl7L Y'M IW106�G J/ �� ,f S � ti I�re'� �►�/�wvr�w/��y" s 7I �t Y �covaefiar ]UQ� [/ is � J. K. Conway, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. FK 0362 6-96 Power of Attorney - Term Printed in U.S.A 0 ALL- PURPOSE ACKNOWLEDGMENT State of California ' County of �l7Ci/Yt/1t SS. ' ' On 3113106 before me, (DATE) (NOTARVI ' personally appeared =& L 9 YJlt' 37 ' , ,, � SIGNERS) ' 0d personally known to me - OR- ❑ proved to me on the basis of satisfactory ' evidence to be the person(s) whose name(s) Iis /are subscribed to the within instrument and ` acknowledged to me that he/she/they executed • ' the same in his /her /their authorized f • OOSEMEIRE i0LED0 HENDERSON capacity(ies), and that by his /her /their • Comm. t 1179630 N signature(s) on the instrument the person(s), ' NOTARY PUXIIC CAIIfORXIA • Los A"01Co111V or the entity upon behalf of which the • ' MyCmh ruAPO11,2002 "E person(s) acted, executed the instrument. ' ! WITNESS my han offici seal. i OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER Trr1.E(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES i❑ GUARDIAN /CONSERVATOR DATE OF DOCUMENT ❑ OTHER: ' ' OTHER ' ' RIGHTTHUMBPRINT I • SIGNER IS REPRESENTING: OF • ' NAME OF PERSON(S) OR EWf (IES) E SIGNER s' ' • g • APA 5/97 VALLEY- SIERRA. 804362 -3369 • • PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARKWAY IMPROVEMENTS CONTRACT NO. 3320 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work y�Subcontractor 22gAdd essGeQy �c aae 1. e-4A C. �c1 III L. le6tKr(. GI4,(Vyo'v LAPPS 'f-A577 2. 3. 4. 5. 6. 7. 8. 9. 10 t/) 1 0 PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARKWAY IMPROVEMENTS CONTRACT NO. 3320 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Completed Name /Aoencv Person Telephone To Contact Number l -0 �'t F2G.S ) 1) i.i t... 6f /AA.ma Rlii !�J/v {�/GS/.a1�15in 9zri - 7617 . --3 4e2�� 5 -573 I t tcz c'f— /l'ztU47cKt 0,1112(6 V141 -(Fq,4- --3 7id.3 - IC,0, I nr CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARKWAY IMPROVEMENTS CONTRACT NO. 3320 NON - COLLUSION AFFIDAVIT State of California ) ) ss. Countyof QF-AN9c. ) PAGE 6 L jd 7-A n.AA.sn.✓ , being first duly sworn, deposes and says that he or she is n0.t a -AT ofd �, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and corre/c�t. Gn l� ,Anr LAAIN — W 1 sr%T Bidder Authorize g5ffignatureffltle �� Subscribed and sworn !p before me this 1.3 day of (GAG[- .2000. (S ROSEMEIRE TOIE00 HENOERSw ; Camm. t 1179Sb0 p�; N NOTARY FORK (AL'FONIOA W Aapeles Cuoq 4y Comm. hpnee Aped I i, 1001 My Commission E �-- - -- PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARKWAY IMPROVEMENTS CONTRACT NO. 3320 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 0 PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARKWAY IMPROVEMENTS CONTRACT NO. 3320 CONTRACT THIS AGREEMENT, entered into this 28th day of March, 2000, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Green Giant Landscape, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BAYSIDE DRIVE PARKWAY IMPROVEMENTS Project Description 3320 Contract No. 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: A. 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 Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3320, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. 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. Ll PAGE C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of seventy thousand, five hundred ninety- three and 00/100 Dollars ($70,593.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. 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. E. 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 Green Giant Landscape, Inc. Public Works Department 941 Macy Street 3300 Newport Boulevard La Habra, CA 90631 Newport Beach, CA 92663 562 - 690 -6208 Attention: Stephen Luy, P.E. (949) 644 -3311 F. 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." G. INSURANCE 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. 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 0 :l PAGE 10 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. 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. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) 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. b) 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. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) 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. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. 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. 0 4. Other Insurance Provisions 0 PAGE 11 The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages 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. ii. 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. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. 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. v. 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. b) 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. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either parry, 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. 5. 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 0 0 PAGE 12 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. 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. H. RESPONSIBILITY FOR DAMAGES OR INJURY 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. 2. 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. 3. 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. 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. 5. 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 H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. 0 0 Page 13 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: P) CITY CLERK APPR V AS TO FORM: CITY ATTORNEY CITY OF NEWP�T BEACH A Municipal Cor oration 0 MA GREEN GIANT LANDSCAPE, INC. 'j I 4L B Authorized Si ure and Title 03 /14/00 pD DATE(MM /DD/YY) . /YA•/'�O C/ IT Y., 04/26/2000 PRODUCER (949)261 -5335 FAX (949)261 -1911 ONLYANDCONFERSNO RIGHTS UPON THE CERTIFICATE utton Insurance Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2913 S. Pullman St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92705 -5818 COMPANIES AFFORDING COVERAGE COMPANY Navigators Insurance Company Attn: Ext: A INSURED COMPANY American States Insurance Company - Green Giant Landscape, Inc. B 941 -A Macy Street La Habra, CA 90631 COMPANY State Compensatign Insurance Fund C 'APR 2 COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MM)DD)YY) DATE tMM)DD)YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP)OP AGG $ 1,000,000 �X A �' CLAIMSMADE X OCCUR GA800003 10/09/1999 10/09/2000 PERSONAL S AOV INJURY $ 1,000,000 X OWNER'S $ CONTRACTORS PROT EACH OCCURRENCE $ 1,000,000 . FIRE DAMAGE (Any one fire) $ S0,000 MED EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY . COMBINED SINGLE LIMIT $ ANY AUTO 1,000,000 X ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) B OICE68198010 10/09/1999 10/09/2000 X HIRED AUTOS BODILY INJURY $ X NOWOWNED AUTOS (Per smidenp PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY . EACH OCCURRENCE $ 2,000,000 D X UMBRELLA FORM BE7393700 02/07/2000 10/09/2000 AGGREGATE $ 2,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND X TORYLIMITS ER EMPLOYERS' LIABILITY - C 290/1476 -00 EL EACH ACCIDENT ' $ 1,000,000 04/01 /2000 04/01 /2001. THE PROPRIETOR/ INCL PARTNERSIEXECUTIVE EL DISEASE - POLICY:IMIT $ 1,000,000 OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE- $ 1, OOO , OOO OTHER DESCRIPTION OF OPERATIONS /LOCATONSNEHICLESISPECIAL ITEMS ity of Newport Beach, its officers, officials, employees and volunteers are named as additional insureds per #ANF160a for GL and #CA7135 for Auto, WC waiver to be issued by carrier. E: Bayside Drive Parkway Improvements, Contract #3320 *10 Day cancel notice for non -pay. • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE InE CITY OF NEWPORT BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILENDEAVOR TO MAIL Public Works Department DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Stephen Luy, P.E. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3300 Newport Boulevard OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Newport Beach, CA 92663 AUTHORIZED REPRESENTATIVE Bill Tutton /CLAUDI /�- -7 Gl • • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMNIERCLALL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 1185 SCHEDULE Name of Person or Organiartion Any person or organization that the named hunted is obligated by vume of a written Contract or agreement to provide insurance such as is afforded by this policy and is approved by the Company in writing within 30 days of the inception of the contract or agreement, or the inception of this policy, whichever is later. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organizaton shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The following additional provisions apply to any eariry that is an insured by the terns of this endorsement: 1. primary Wordine If required by written contract or agr - -ment: Such insurance as is afforded by this polio shall be primacy insurance, and any insurance or self- iysurnnce mninraind by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subroeation If required by written contrttt or agreement: We waive any right of rmovery we may have against an entity that is an additional insured per the terms of this endorsement bemuse of payments we sake for injury or damage arising out of "your work" done under a contrar. with that person or organiznrion. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insttmd or any of their agents /employees. 4. Additional Insured hereby agrees and acknowledges that: a. This policy contains significant exclusions and restrictions beyond those standard to the coverage form; and b. A copy of the policy is available upon request AP1F 160a (08/99) • . ' • • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED CA 71 35 12 93 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM with respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. + - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + Endorsement effective 040A00 --------------------- - -- -- Named Insured CCU ig by .Green Giant Landscape, Inc.------------ - - -,�- (Authorize Representative) + - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + Schedule +----------------- -- - - - - -- - --- ---- --- - - - - -- --- - - ---+ Name of Person or Organization: City of Newport Beach, its Officers, Officials, Employees & Volunteers +------------------------------------------------------- -------- - - - - -+ Premium: $TBD +--------------------------------------- --------------------- --- - - - - -+ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Under LIABILITY COVERAGE WHO IS AN INSURED is changed to include as an "insured" the person(s) or organization(s) shown in the Schedule, but only with respect to "bodily injury" or "property damage" resulting from the acts or omissions of: 1. You; 2. Any of your employees or agents; 3. Any person-, except the additional insured or any employee or agent of the additional insured, operating a covered - ,auto" with the permission of any of the above. B. The insurance afforded by this endorsement does not apply: To "bodily injury" or "property damage" arising out of the sole negligence of the person(s) or organization(s) shown in the Schedule. RPR 26 '00 01:02PM STATE COMP INS FUND AUDITING STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION IN SURAm G =E FUND CERTIFICATE OF WORKERS: COMPENSATION INSURANCE APRIL 26. 2000 POLICY NUMBER CERTIFICATE EXPIRES: F CITY OF NEWPORT BEACH. PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH CALIFORNIA 92663 JOB: ALL OPERATIONS ' L 290-00 UNIT 0001476 4 -1 -01 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. 30 This policy is not subject to cancellation by the Fund except upon gays' advance written notice to the employer. We will also give you To 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. AUTHORIZED REPReSE�NTTATIVE PRESId FNT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: S1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04/27/00 IS ATTACHED TO AND FORKS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 04/27/00 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH F EMPLOYER GREEN GIANT LANDSCAPE, INC. 941 -A MACY STREET LA HABRA CALIFORNIA 90631 .<w -. APR -26 -00 WED 09:34 AN FAX N0, P. 02 KCAL- SUKANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CI•IECKLIS'r IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: DEPARTMENT /CONTACT RECEIVED FROM: DATE COMPLETED: / oZG OO SENT TO:WfJYA/, l BY: COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: GENERAL LIABILITY: A. INSURANCE COMPANY:j(I V11a'AT0kLq MOURANITE &&A AIY B. Alvt BEST RATING (A N11 or C. ADMITTED COMPANY: ( Must be California Admitted) Is company a mined in California? Yes ✓ No D. LIMITS. (Must be 51,000.000 or greater) What is limit provided? j1,k0M,6P6 E. PRODUCTS AND COMPLFTED OPERATIONS: (Must Include) Is it included'? Yes No F. ADDITIONAL rNSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials. employees and volunteers). Is it included'? Yes_ ✓_ No _ G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included'? Yes_✓ No H. CAUTION! ( Confirm that loss or liability of the Named insured is not limited solely by their negligence.) Does endorsement include -solely by negligence" wording? Ycs_� No I NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation b� certified mail: per Lauren Tuley the City will accept the endeavor wording. TI. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: 6A1F91ZAAj 4%QZ%FS B. AM BEST RATING (A VII or greater): ? C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes ✓ No_ D. LI)PTS: ( Must be 51,000,000 minimum BI & PD and $500,000 UlM What is limits provided? E. officers, agents. officials, employees and volunteers). Is it included' Yes _ No ✓ F. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included). Is it included? Yes_ Nom G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation br' certified mail: per Lauren Farley the City will accept the endeavor wording. III. WORKF,RS COMIPENSATION A. INSURANCE COMPANY: _6rn12F dQAyJ%A/S5 FG1A117 B. AM BEST RATING (A VII or _greater) �%: X 1V C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included'? Yes_ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No ✓ IF NO, WHICH ITEMS INTED TO BE COMPLETED? /)Alap ATlD 1716 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BAYSIDE DRIVE PARKWAY IMPROVEMENTS CONTRACT NO. 3320 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: PR1of1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3320 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @(0 1 Dollars and (V d Cents Per Lump Sum 2. Lump Sum Traffic Control (art riw -L+jL)ux ANn Dollars and N V Cents Per Lump Sum 3. 32 C.Y. Clearing, Excavation and Grading j wo hV -19naa C � -,,v l4 0, Fes. __Dollars and a Cents Per Cubic Yard $ 5� }cu cc 30�. c, a ?9 C $ `=' 0 PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 62 L.F. Construct Stone Veneered Block Walls OAi. h.,,orL;c/ @ Dollars and /'Ju Cents $ So $ Per Lineal Foot 5. 32 L.F. Construct Stone Veneered Planter Walls OAIL h �on5r @ �, tx Dollars and pl r, Cents Per Lineal Foot 7 A Q 45 L.F. Construct Stuccoed Planter Walls @ (J A oa>ol Dollars and /'y,? Cents Per Lineal Foot 30 L.F. Construct Slump Block Slough and Planter Walls @ &v s, I j jv'; Dollars and �a Cents Per Lineal Foot 2 Each Install Precast Concrete Columns, 6 -Feet High -tiA U t- e� ✓��3n✓ @ )hau h -, rr(j�,./Dollars and n r: Cents Per Each 2 Each Install Precast Concrete Columns, 4 -Feet High 7',�v 4 $ /000 0 $ A0 (D C� $ 4s�G $ 756 .00 @ Dollars and It"n Cents $ 2660 $ Per Each • • PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 11 12 13 14 250 L.F 7 Each 204 S.F 1,700 S.F. Lump Sum Install 4 -Inch Schedule 40 PVC Drain Lines @ X Dollars and L Cents $ °� $ SOCJ`° Per Lineal Foot Install 9 -Inch Square Precast Catch Basin @ Dollars ,�- F -\ and N ( ! Cents Per Each Install Wall Drain Material @ -acr ,A_ Dollars and N� Cents $ 4.° ° $ Per Square Foot Install Jute Net Erosion Control Matt @ Dollars and Cents er Square Foot Install Low Voltage Lighting Conduit and Wire @SQ�s -L o- SA�clbollars and /V(,l Cents Per Lump Sum 15. 94 Each Install Pop -Up Irrigation Heads $ . -76 $ 11n0cc $ � OOo. @ ki } Dollars and /I.,) Cents $ 2 S.°c' $ Per Each 0 r� PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 6 Each Install Fixed Bubbler Heads @ Dollars and /ya Cents $ /5 lot $ O �A `' Per Each 17. 6 Each Install 1 -Inch Irrigation Valves @ J� h n Dollars and —� 17/6 Cents $ VD $ ooC'. Per Each 18. 2 Each Install'' Irrigation Controllers @ fyyu Aj_- „oa<Pollars and /UL� Cents $ AGO. Per Each 19. 1 Each Install Reduced Pressure Device @ Dollars and ✓V(% Cents $ ZC, C)C, Per Each 20. 2 Each Install Irrigation Quick Couplers @ Gnu h -,,, era t, 1 Dollars and o, ,yLl Cents $ 001 $ ,\c,z; Per Each 21. 6 Each Install 15 Gallon Vines /J Dollars and o„ A//n Cents 4O n Per Each 0 0 PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 58 Each Install 5 Gallon Shrubs @ �j/�,.1 M Dollars and Cents Per Eac 23. 203 Each Install 1 Gallon Shrubs @ i k v ._ Dollars and /Vu Cents Per Each 24. 6 Each Install 24 -Inch Box Trees @ Dollars and /ti's' Cents Per Each 25. 2 Each Install 48 -Inch Box Palm Trees @ Dollars and Cents Per Each 26. 280 S.F. Conrc t PCC Sidewalk @ _Dol lars and Cents Per Square Foot TOTAL PRICE IN WRITTEN WORDS and Cents or) Date S z - o oat Bidder's Telephone d Fax Numbers L7o4?i' 13 t Gal Bidder's License No(s) and Classification(s) $ Zo °, $ �1l,o °" $ q o $ 54n °° $ Igo(, 66 o2 z d N,0:1 +h�7w Dollars $ 5 go,) GO CJ -,Total Price (Figures) to-re 150 ' ;4/ ITOriWTS . :.. - .. U140 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BAYSIDE DRIVE PARKWAY IMPROVEMENTS SECTION 6 CONTRACT NO. 3320 INTRODUCTION 6 -1 PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -7 ADJUSTMENTS TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES 1 1 1 1 1 1 2 2 2 2 FIA El F% 3 3 3 3 E SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 4 7 -10 PUBLIC CONVENIENCE AND SAFETY 4 7 -10.1 Traffic and Access 4 7 -10.2 Storage of Equipment and Materials in Public Streets 4 7 -10.3 Street Closures, Detours, Barricades 4 7 -10.4 Public Safety 4 7- 10.4.1 Safety Orders 4 7 -10.5 "No Parking" Signs 5 7 -15 CONTRACTOR LICENSES 5 7 -16 CONTRACTOR'S RECORDWAS BUILT DRAWINGS 5 SECTION 9 MEASUREMENT AND PAYMENT 5 9 -3 PAYMENT 5 9 -3.1 General 6 9 -3.2 Partial and Final Payment 8 PART 2 - -- CONSTRUCTION MATERIALS SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 8 212 -1 LANDSCAPE MATERIALS 8 212 -1.4 Plants 8 212 -1.4.1 General 8 212 -1.4.2 Trees 9 212 -1.4.3 Shrubs 9 212 -1.4.4 Flatted Plants 9 212 -2 IRRIGATION SYSTEM MATERIALS 9 212 -2.1 Pipe and Fittings 9 212 -2.1.3 General 9 212 -2.2 Valve and Valve Boxes 9 212 -2.2.4 Remote Control Valves 9 212 -2.2.7 Valve Boxes 9 212 -2.4 Sprinkler Equipment 9 212 -3 ELECTRICAL MATERIALS 9 212 -3.2 Conduit and Conductors 9 212 -3.2.2 Conductors 9 0 0 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General 10 10 10 10 10 10 10 10 0 • SP 1 OF 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BAYSIDE DRIVE PARKWAY IMPROVEMENTS CONTRACT NO. 3320 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5170 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of the construction of a decorative wall and planters including landscaping, irrigation and conduit for future lighting." SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup Replace this Section with," (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. 0 • SP 2 OF 10 (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5--- UTILITIES 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and cable television facilities to the finish grade with the appropriate utility company. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section, " No work shall begin until a schedule of work has been approved and a "Notice to Proceed" has been issued by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to reschedule to conform to the requirements of the Contract Documents. If work falls behind the 0 • SP 3 OF 10 approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be constructed as the basis for payment of extra work because additional men and equipment were required on the job." The term "work" as used herein shall include all removals, adjustments and replacements and the construction of a decorative wall and planters including landscaping, irrigation and conduit for future lighting. 6 -7 TIME OF COMPLETION. 6 -7.1 General. Add to this section, "The Contractor shall complete all work under the Contract within twenty) consecutive working days from the date of the "Notice to Proceed ". It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work.° 6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1 st, the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m. Monday through Thursday and 7:00 a.m. to 3:30 p.m. on Fridays. Should the Contractor elect to work later than 4:30 p.m. (3:30 p.m. Fridays) (up to 6:30 p.m.) weekdays or between 8:00 a.m. and 6:00 p.m. Saturday, he must first obtain special permission from the Engineer. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for inspection costs of $50 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read, "For each consecutive calendar day after the twenty consecutive working days specified for completion of the work, the time specified for completion of Work, whichever occurs first, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from monies due it, the daily sum of $350. Revise paragraph two, sentence one, to read "Execution of the Contract shall constitute agreement by the Agency and Contractor that $350 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." • SP 4 OF 10 The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize the time that the park is closed to the public. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7-8 PROJECT SITE MAINTENANCE. 7 -8.5 Temporary Light, Power and Water. Add to this section, "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the bay." 7 -10 PUBLIC CONVENIENCE AND SAFETY. 7 -10.1 Traffic and Access. Add to this section, "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials shall not be stored in streets, roads, or sidewalk areas." 7 -10.3 Street Closures, Detours and Barricades. Add to this section, "The Contractor shall also prepare a traffic control plan. The Contractor will be responsible for processing and obtaining approval of a traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section, "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." • • SP 5 OF 10 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least 48 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least Forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License, a Landscaping Contractor's License C -27 or a Masonry Contractor's License C -29. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and so certified by the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" correction plans shall be verified by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT. 9-3.1 General. Revise paragraph two to read, "The unit and lump sum prices bid for each item of work shown on the proposed shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: 0 • SP6OF10 Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the work under this contract. This item shall also include the delivery of all required notifications, posting of signs and all other costs incurred in notifying the residents. Item No. 2 Traffic Control: Work under this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans, signs, cones, barricades, flashing arrow sign, K -rail, striping, flagmen and all other work necessary to comply with the W.A.T.C.H. manual, latest edition, and City of Newport Beach requirements. Item No. 3 Clearing, Excavation and Grading: Work under this item shall include all clearing, excavation and grading and all other work necessary to complete the clearing, excavation and grading complete and in place. Item No. 4 Construct Stone Veneered Block Walls: Work under this item shall include excavation, forming, pouring footing and construction of stone veneered block walls including obtaining a no fee Building Dept. permit and all other work necessary to construct stone veneered block walls complete and in place. Item No. 5 Construct Stone Veneered Planter Walls: Work under this item shall include excavation, forming, pouring footing and construction of stone veneered planter walls and all other work necessary to construct stone veneered planter walls complete and in place. Item No. 6 Construct Stuccoed Planter Walls: Work under this item shall include excavation, forming, pouring footing and construction of stuccoed planter walls and all other work necessary to construct stuccoed planter walls complete and in place. Item No. 7 Construct Slump Block Slough & Planter Walls: Work under this item shall include excavation, forming, pouring footing and construction of slump block slough & planter walls and all other work necessary to construct slump block slough & planter walls complete and in place. Item No. 8 Install Precast Concrete Columns, 6 -feet high: Work under this item shall include furnishing and installation of precast concrete columns, 6 -feet high, and all other work necessary to install precast concrete columns, 6 -feet high, complete and in place. Item No. 9 Install Precast Concrete Columns, 4 -feet high: Work under this item shall include furnishing and installation of precast concrete columns, 4 -feet high, and all other work necessary to install precast concrete columns, 4 -feet high, complete and in place. Item No. 10 Install 4 -Inch Schedule 40 PVC Perforated Drain Lines: Work under this item shall include exposing utilities in advance of the work, trench • • SP7OF10 excavation, control of ground or surface water, backfill, compaction disposal of excess excavated materials, furnishing and installation of 4 -inch schedule 40 PVC perforated drain lines and pea gravel and all other work necessary to install 4 -inch schedule 40 PVC perforated drain lines complete and in place. Item No. 11 Install 9 -Inch Square Precast Catch Basins: Work under this item shall include furnishing and installation of 9 -Inch square precast catch basins and all other work necessary to install 9 -Inch square precast catch basins complete and in place. Item No. 12 Install Wall Drain Material: Work under this item shall include excavation, backfill, compaction, disposal of excess materials, furnishing and installation of wall drain material per manufacturer's specifications and all other work necessary to install wall drain material complete and in place. Item No. 13 Install Jute Net Erosion Control Material: Work under this item shall include furnishing and installation of jute net erosion control material and all other work necessary to install jute net erosion control material complete and in place. Item No. 14 Install Low Voltage Lighting Conduit and Wire: Work under this item shall include exposing utilities in advance of the work, trench excavation, control of ground or surface water, backfill, compaction disposal of excess excavated materials, furnishing and installation of low voltage lighting conduit and wire and all other work necessary to install low voltage lighting conduit and wire complete and in place. Item No. 15 Install Pop Up Irrigation Heads: Work under this item shall include furnishing and installation of pop up irrigation heads and all other work necessary to install pop up irrigation heads and wire complete and in place. Item No. 16 Install Fixed Bubbler Heads: Work under this item shall include furnishing and installation of fixed bubbler heads and all other work necessary to install fixed bubbler heads and wire complete and in place. Item No. 17 Install 1 -Inch Irrigation Valves: Work under this item shall include furnishing and installation of 1 -Inch irrigation valves and all other work necessary to install 1 -Inch irrigation valves complete and in place. Item No. 18 Install Irrigation Controllers: Work under this item shall include furnishing and installation of irrigation controllers and all other work necessary to install irrigation controllers complete and in place. Item No. 19 Install Reduced Pressure Device: Work under this item shall include furnishing and installation of a reduced pressure device and all other work necessary to install a reduced pressure device complete and in place. • • SP 8 OF 10 Item No. 20 Install Irrigation Quick Couplers: Work under this item shall include furnishing and installation of irrigation quick couplers and all other work necessary to install irrigation quick couplers complete and in place. Item No. 21 Install 15- Gallon Vines: Work under this item shall include furnishing and installation of 15- Gallon Vines, import soil and soil amendments as approved by the Park and Tree Superintendent and all other work necessary to install 15- Gallon Vines complete and in place. Item No. 22 Install 5- Gallon Shrubs: Work under this item shall include furnishing and installation of 5- gallon shrubs, import soil and soil amendments as approved by the Park and Tree Superintendent and all other work necessary to install 5- gallon Shrubs complete and in place. Item No. 23 Install 1- Gallon Shrubs: Work under this item shall include furnishing and installation of 1- gallon shrubs, import soil and soil amendments as approved by the Park and Tree Superintendent and all other work necessary to install 1- gallon Shrubs complete and in place. Item No. 24 Install 24 -Inch Box Trees: Work under this item shall include furnishing and installation of 24 -inch box trees, import soil and soil amendments as approved by the Park and Tree Superintendent and all other work necessary to install 24 -inch box trees complete and in place. Item No. 25 Install 48 -Inch Box Palm Trees: Work under this item shall include furnishing and installation of 48 -inch box palm trees, import soil and soil amendments as approved by the Park and Tree Superintendent and all other work necessary to install 48 -inch box palm trees complete and in place. Item No. 26 Construct PCC Sidewalk: Work under this item shall include excavation, forming, pouring and finishing PCC sidewalk and all other work necessary to construct PCC sidewalk complete and in place." 9 -3.2 Partial and Final Payment: Add to this section, 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 212 - -- LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS: 212 -1.4 Plants: 214 -1.4.1 General: Add to this section, "The Contractor shall place import soil and soil amendments in accordance with details shown on the plans. Import soil and soil amendments shall be approved by the Engineer prior to placement. The Contractor • • SP 9 OF 10 shall notify Bob Martinez of the Parks Department, (949) 644 -3054, one week prior to the removal of any existing vegetation to allow city forces to salvage any reusable plant material." 212 -1.4.2 Trees: Add to this section, 'The Contractor shall install 24 -inch box Cassia (Cassia Splendida Golden) Trees and 48 -inch box Senegal Date (Phoenix Reclinita) Palms, with minimum 12 -foot brown trunk, at locations shown on the plans." 212 -1.4.3 Shrubs: Add to this section, 'The Contractor shall install 5- gallon and 1- gallon shrubs as noted in the plans. Planting layout and size of plants shall be as indicated on the plans." 212 -1.4.4 Flatted Plants: Add to this section, 'The Contractor shall install 15- gallon vines as noted in the plans. Planting layout and size of plants shall be as indicated on the plans." 212 -2 IRRIGATION SYSTEM MATERIALS 212 -2.1 Pipe and Fittings: 212 -2.1.3 General: Add to this section, "All irrigation lines and fittings shall be V schedule 40 P.V.C. with solvent weld socket fittings. The Contractor shall plug and pressure check the irrigation system to 175 P.S.I. for a period of one hour. Any leaks shall be repaired prior to installing landscape materials." 212 -2.2 Valve and Valve Boxes: 212 -2.2.4 Remote Control Valves: Add to this section, "All irrigation valves shall be Rainbird /UNIK GB Series 1" Electric Remote Control Valves." 212 -2.2.7 Valve Boxes: Add to this section, "All valve boxes shall be green H.D.P.E. Irrigation Boxes, Carson Brooks No. 1419 with lid marked 'Irrigation Control Valve "." 212 -2.4 Sprinkler Equipment: Add to this section, "All sprinkler heads shall be Toro 570 pop up with 4 EST or Toro 514 Bubblers for use as indicated on the plan." 212 -3 ELECTRICAL MATERIALS 212 -3.2 Conduit and Conductors: 212 -3.2.2 Conductors: Add to this section, "Irrigation wiring is to be a continuous run from end to end with no splices. The common irrigation wire is to spliced only at the valves. All irrigation wires in the pull box shall have a minimum of one foot of additional wire to accommodate any future repair." �• • • SP 10 OF 10 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section, 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each work day." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements. 303 -5.1.1 General. Add to this section, "Sidewalk shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 2,000 psi." \ \MIS_1 \SYS\ Users\PBW\Shared \Contracts \FY 99- 00 \13ayside Drive Parkway C -3320 \SPECS C- 3320.doc ti ... . March 28, 2000 LiCITY COUNCIL AGENDA APPROVED ITEM No. 6 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BAYSIDE DRIVE PARKWAY IMPROVEMENTS -AWARD OF CONTRACT NO. 3320 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3320 to Green Giant Landscape, Inc. for the Total Bid Price of $70,593.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $6,500.00 to cover the cost of unforeseen work. 4. Approve a budget amendment to transfer a total of $45,413.00 from the following Accounts to the Bayside Drive Beautification Fund Account No. 7015- C3170510. Sidewalk, Curb & Gutter Replacement 7013- C3130016 $ 3,000.00 Street, Alley & Bikeways 7013- C3130015 $20,000.00 NPDES Program 7012- C5100011 $19,913.00 Contribution 3170 -8080 $ 2,500.00 DISCUSSION: At 11:00 A.M on 14th day if March, 2000, the City Clerk opened and read the following bids for this project: BIDDER Low Green Giant Landscape, Inc 2 S. Parker Engineering, Inc. 3 Beador Construction, Inc. 4 R -Fox Construction, Inc. TOTAL BID AMOUNT $70,593.00 $90,738.00 $97,299.00 $109,642.00 ** * Corrected Bid Amount is $119,799.00 ** Corrected Bid Amount is $100,094.00 The low total bid amount is 18% above the Engineer's Estimate of $60,000.00. Green Giant Landscape, Inc. of La Habra, California, the low bidder, has satisfactorily 0 0 Subject: Bayside Drive Parkway Improvements — Award of Contract No. 3320 March 28, 2000 Page: 2 performed similar contract work for the City. A check with the State Contractor's License Board indicates that Green Giant Landscape, Inc. has no pending actions detrimental to their contractor's license. The work included in this contract consists of the construction of a decorative block wall and planters including landscaping, irrigation and conduit for future lighting. The Parks Commission and the adjacent Home Owner Associations (HOA) have approved the project. The HOA also contributed $3,000 toward the project improvements although $500 of the contribution was utilized in a previous fiscal year. There are funds available in the following account for the work: Description Account Amount Ba side Drive Beautification 7015- C3170510 $31,680.00 Sidewalk, Curb & Gutter Replacement 7013- C3130016 $ 3,000.00 Street, Alley & Bikeways; 7013- C3130015 $20,000.00 NPDES Program 7012- C5100011 $19,913.00 Contribution 3170 -8080 $ 2,500.00 Total $77,093.00 Funding in the amount of $35,000.00 was originally budgeted under another account during the previous fiscal year. This funding was not rebudgeted to the current fiscal year and was returned to the General Fund. A budget transfer in the amount of $45,413.00 will be necessary to fund the project. Re ec ully fitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: Step en J. tuy, P.P./— Associate Civil Engineer Attachment: Project Location Map Bid Summary f: \users\pbw\ shared\ council \ty99- 00\march- 28 \bayside parkway c- 3320.doc vp N 1710=MIM BALBOA ISLAND CHANNEL COAST �[</l ■ �1 LOCATION PLAN NOT TO SCALE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE PARKWAY IMPROVEMENTS llf.Xl o.. ol 4 ), RyNF �\ v DRAWN --J APPROVED C -3320 DATE DRAWING NO. EXHIBIT A S a w m O IL 3 W z LL O F U F z W Q w w 0 y Y U J M a. a 8 'n � w ar ga �o w u Q ❑ Y U a I U � U zF OQ Fp U J O m 0 m F r F W W 4 N � �r Ww z' z LL w 7 N w Eli Q °u i v a Y a r E f m O m 9 m ri 9 3 885�888$88888808888888888888 °888§AYm °288-- 8§-? §8 O ci]$2588Q N O N M N d b N d ry .- N M N N l7 N m m o. m A 2Q 8$88$88$$$$8$8888888$88888 m 8.8888888888888888888888888 _00099 §g -Mag I$ _Rs... o O. M J N m pi b Oj N N M N W m P .. 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N ppppppppppppppp000 0 0 G V O b N 9 8 g 8 Yl 1(I N 8 0 N � � b 1p (y � Y N � n b O O N 0 b N P P Y Y Y Y p p �- 1111NN1AA°° C• � OO ON O Q m° 8�P�88N 8 88888 :8« 2 82n p 88 PpPy 8QQ8pp8pp888$88pp8 N OO OnN PS^ Y IU = N! 8p t0 11111477777 W Id J F/Q vi J U J J J f < W Q W J q W m M 1( J Wy q W W Q W a a W W Q W Q Wp Q Q W W Q� W N - A IN7 o f l7 N N N r W N p N 10 N p O j C Z o a E _ yy e w o i u o t7U 5 cw E°° rO OMO L S1°/1 2° Cd_ a� E 111 P o ('a Z 5 roo F i FqPP Ci °' o J mC E �°�f F 6c TJ n O°r W Gmy m C GdyO c 6 V b N 1011 0 N N G ° t ° ° 6r F F F F F K F F F F e F o U U U U c c 8 0 N N m b d rc F F 7 N �q pU b yP 3 9 3 fifty of Newport Beach BUDGET AMENDMENT 1999 -00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations FJ Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 051 AMOUNT: s4s,413.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer funds from several accounts to the Bayside Drive Beautification Fund Account. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 7015 C3170510 REVENUE ESTIMATES (3601) Fund/Division Account Description Bayside Drive Beautification Fund Description Amount Increase Decrease $45,413 " EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7013 Street Account Number C3130016 Sidewalk, Curb & Gutter Replacements $3,000.00 Division Number 7013 Street Account Number C3130015 Street, Alley & Bikeways $20,000.00 Division Number 7012 Drainage Account Number C5100011 NPDES Program $19,913.00 Division Number 3170 General Services- Parks, etc. Account Number 8080 Services -Prot & Tech NOC $2,500.00 Automatic System Eney. Signed: m (' .I�,fi a.._ .�-ai -Qa___ Financil Approval: Administrative Services Director Date Signed: , 0 dministrative Approval ity Manager Ve Signed: City Council Approval: City Clerk Date $ty of Newport Beach BUDGET AMENDMENT 1999 -00 EFFECT ON BUDGETARY FUND BALANCE: NO. BA- 051 AMOUNT: Sa5,a13.ao Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance fJ Transfer Budget Appropriations X BudgeteryFund-Belence SOURCE: C :7y Op X from existing budget appropriations f from additional estimated revenues 28-- =APPIVIE-D from unappropriated fund balance p EXPLANATION: f�Q This budget amendment is requested to provide for the following: To transfer funds from several accounts to the Bayside Drive Beautification Fund Account. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 7015 C3170510 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Bayside Drive Beautification Fund Description Signed: Signed: Signed: City Council Approval: City Clerk Amount Increase Decrease $45,413 $3,000.00 $20,000.00 $19,913.00 $2,500.00 Date O40 D ?Jl or Date Description Division Number 7013 Street Account Number C3130016 Sidewalk, Curb & Gutter Replacements Division Number 7013 Street Account Number C3130015 Street, Alley & Bikeways Division Number 7012 Drainage Account Number C5100011 NPDES Program Division Number 3170 General Services - Parks, etc. Account Number 8080 Services -Prof & Tech NOC Signed: Signed: Signed: City Council Approval: City Clerk Amount Increase Decrease $45,413 $3,000.00 $20,000.00 $19,913.00 $2,500.00 Date O40 D ?Jl or Date 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 5, 2000 R. Fox Construction, Inc. 1191 N. Knollwood Circle Anaheim, CA 92801 Gentlemen: Thank you for your courtesy in submitting a bid for the Bayside Drive Parkway Improvements Project (Contract No. 3320) 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, _x xi , C, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 5, 2000 S. Parker Engineering, Inc. 10059 Whippoorwill Avenue Fountain Valley, CA 92708 Gentlemen: Thank you for your courtesy in submitting a bid for the Bayside Drive Parkway Improvements Project (Contract No. 3320) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 5, 2000 Beador Construction Company, Inc. P.O. Box 1 Corona del Mar, CA 92625 Gentlemen: Thank you for your courtesy in submitting a bid for the Bayside Drive Parkway Improvements Project (Contract No. 3320) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, l LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach