HomeMy WebLinkAboutC-3384 - Park Playground RefurbishmentAugust 14, 2002
ClY OF NEWPORAEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
Green Giant Landscape
941 -A Macy Street
La Habra, CA 90631
Subject: Park Playground Refurbishment (C -3384)
To Whom It May Concern:
On August 14, 2001, 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 September 20, 2001. The Surety for
the contract is American Motorists Insurance Company, and the bond number is
3SM 986 384 00. Enclosed is the Faithful Performance Bond.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:cf
cc: Public Works Department
R. Gunther, P.E., Construction Engineer
enclosure
3300 Newport Boulevard, Newport Beach
0
0
BOND PREMIUM BASED ON CITY OF NEWPORT BEACH
FINAL C0,13RACT PRICE PUBLIC WORKS DEPARTMENT
PARK PLAYGROUND REFURBISHMENT
EXECUTED IN FOUR COUNTER PARTS
CONTRACT NO. 3384
BOND NO. 3SM 986 384 00
FAITHFUL PERFORMANCE BOND
r'.1GE 'R
The premium charges on this Bond is $ 3,144. 00
being at the rate of $ 2 0. 00 thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to Name of Contractor, hereinafter designated as the "Principal ", a contract
for construction of PARK PLAYGROUND REFURBISHMENT, Contract No. 3384 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. 3384 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
, duty 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 one hundred fifty -seven thousand, two hundred two and no /100 Dollars
($157,202.00) 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 ba made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall
become null and void.
� w
PAGE 17
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
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 (9) 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 2nd day of. _ February , 2009.
Green Giant Landsacpe, Inc.
Name of Contractor (Principal)
ican Motorists Insurance Company
Name of Surety
7470 N. Figueroa Blvd.
Los Angeles, CA 90041
Address of Surety
877) 305 -BOND
Telephone
SM
Authorized Agent Sign
Michael B. Cundiff
Attorney -in -fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
CALIFORNIA ALL - i`RPOSE ACKNOWLEDGMS
State of California
County of Orange
On FEB - 2 2001 before me, Susan E. Morales/Notary Public
NAME, TITLE OF OFFICER
personally appeared Michael E. Cundiff
NAME OF SIGNER(S)
® Personally known to me . or - ❑
RALES
SUOSMAN E#MO6
l
16606
NOTCARv tMU. BUC 1.
CALIFORNIA
ORANGE COUNTY
MY Comm. EXP.. Oec. 25, 2001 I/
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
his /her /their authorized capacity(ies), and that by his /herltheir
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 ENTITY(IES)
Lumbermens Mutual Casualty Company
American Motorists Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
Bond(s)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
0 a
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
September 20, 2001
Green Giant Landscape
941 -A Macy Street
La Habra, CA 90631
Subject: Park Playground Refurbishment (C -3384)
To Whom It May Concern:
On August 14, 2001, 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
August 16, 2001, Reference No. 20010569962. The Surety for the contract is
American Motorists Insurance Company, and the bond number is 3SM- 986 -384-
00. Enclosed is the Labor & Materials Payment Bond.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:lb
cc: Public Works Department
Lloyd Dalton, Project Manager
encl.
3300 Newport Boulevard, Newport Beach
E
•
Recorded in Official Records, County of Grange
RECORDING REQUESTER �Cf i Gary Granville, Clerk - Recorder
WHEN RECORDED RETURN TO: ��lil!II;LiIIIII��i;I�III�I� I�I Illlil!�;l�ii�NO FEE
rot All 27 18 :29 115 az N,20010569962 E55pm 06116101
City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92661 FICE OF �.1 HE M 1 r f,.E
CI1 ! OF . _Y,FOiti BEACH
Voillp, full,
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 January 23, 2001. Said
Contract set forth certain improvements, as follows:
Park Playground Refurbishment,
C -3384
Work on said Contract was completed on July 23 2001, and was found to be acceptable
on August 14, 2001, by the City Council. Title to said property is vested in the Owner,
and the Surety for said Contract is American Motorists Insurance Company.
Public rks Director
City of�ewport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on / C� (�f� u. �(P a�� at Newport Beach
BY II lY e_ Alad6,-
City Clerk
California.
(3y)
C -359'4
August 14, 2001
CITY COUNCIL AGENDA
ITEM NO. 12
TO: Mayor and Members of the City Council
FROM: Public Works Department I t?t)D( 14'ET�
�i Y Y1JY mot/'
SUBJECT: PARK PLAYGROUND REFURBISHMENT, CONTRACT NO 3384—
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 January 23, 2001, the City Council authorized the award of the Park Playground
Refurbishment Project to Green Giant Landscape, Inc., of La Habra, California. The
contract provided for site and drainage improvements at Spyglass Hill Park playground,
replacement of playground equipment at Spyglass Hill Park and within West Newport
Park at Fern Street and Lugonia Street, and the construction of rubberized, poured -in-
place safety surfaces on Fern Street, Lugonia Street, Spyglass Hill, and Peninsula Park
playgrounds. 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: $157,202.00
Actual amount of bid items constructed: 157,883.00
Total amount of change orders: 0
Final contract cost: $157,883.00
The increase in the amount of actual bid items constructed over the original bid amount
resulted from the need for additional rubberized play surface required for the sites
exceeding the bid item quantities. The final overall construction cost was 0.4 percent
over the original bid amount.
No change orders were written for the project.
SUBJECT: Park Playground Refureent, Contract No. 3384 - Completion And Accept*
August 14, 2001
Page 2
Funds for the project were budgeted in the following account:
Description Account No.
Park Improvements Program 7015- C3170043
Park Renovations 7021- C4120431
Playground Equipment Replacement 7021- C4120284
Total
All work was completed by July 23, 2001 the scheduled completion date.
Respectfully submitted„
PUBLIC WORKS DEPARTMENT
Stephen G. Badum, Director
By:
R. Gunther, P.E.
Construction Engineer
Amount
$18,529.00
$55,178.00
$84,176.00
$157,883.00
January 23, 2001
J CITY COUNCIL AGENDA
ITEM NO. 8
kPPRCV`D
TO: Mayor and Members of the City Council
FROM: Public Works, Community Services, and General Services Departments
SUBJECT: PARK PLAYGROUND REFURBISHMENT — AWARD OF CONTRACT NO.
3384
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Find that the apparent low bid of Micon Construction is non - responsive and reject
their bid without prejudice.
3. Award Contract No. 3384 to Green Giant Landscape for the Total Bid Price of
$157,202.00, and authorize the Mayor and the City Clerk to execute the contract.
4. Establish an amount of $8,000.00 to cover the cost of unforeseen work.
DISCUSSION:
At 11:00 A.M on January 10, 2001, the City Clerk opened and read the following bids for
this project:
BIDDER TOTAL BID AMOUNT
Low Micon Construction 146,311.00
2 Green Giant Landscape 153,602.00'
3 Beador Construction 188,000.00
4 Malibu Pacific Tennis Courts 199.300.00"
5 Ryco Construction 264,462.00
'Corrected total bid amount is $157,202.00
"Corrected total bid amount is $199,296.75
The apparent low bidder, Micon Construction, submitted a letter with their bid (copy
attached) qualifying the bid. In the letter, Micon offers to contract for the work provided
that Miracle playground equipment and Spectraturf rubber surfacing may be substituted
for the Columbia Cascade equipment and Vitraturf surfacing that was specified in the
bid documents.
Public contract law allows for substitute materials when the quality of the substitution is
found to equal or exceed the quality of the materials that were specified. Staff has
researched and compared Micon's substitute materials with the specified materials.
Staff determined that Spectraturf is substantially equal to Vitraturf; however, Miracle's
equipment is not as strong as Columbia's. In addition, Micon's parts list did not include
the swing sets required at three of the park sites. (The bid prices for equipment total
approximately 70 percent of the total bid prices - see attached Bid Summary).
SUBJECT: PARK PLAYGROUNDEFURBISHMENT —AWARD OF CONTRACT NO. 330
January 23, 2001
Page: 2
Accordingly, Staff recommends that the City Council find that Micon's bid is non-
responsive and reject their bid without prejudice.
The second low bid amount is 16 percent above the Engineer's Estimate of
$135,000.00. This disparity may be explained by reviewing the broad range of total bid
amounts, which seems to reflect the abundance of contract work being performed at
this time in Southern California. The second low bidder, Green Giant Landscape, has
satisfactorily performed previous contract work for the City and possesses a General
Engineering Contractor "A" license as specified in the bid documents.
PROJECT DESCRIPTION:
This project provides for:
• Replacing certain site improvements at Spyglass Hill Park playground and
constructing drainage improvements within the park
• Replacing playground equipment at Spyglass Hill Park and within West
Newport Park at Fern Street and Lugonia Street
• Constructing rubberized, poured -in -place safety surfaces in Fern Street,
Lugonia Street, Spyglass Hill, and Peninsula Park playgrounds
The plans and specifications for the project were prepared by two equipment
manufacturers, a landscape architect and by Public Works staff. The contract stipulates
a maximum number of working days permitted to complete work at each park site, and
all work under the contract must be completed within 70 consecutive working days.
Liquidated damages are $250.00 per calendar day.
Funds to award the contract and provide for unforeseen work are available in the
following accounts:
Description
Park Improvements Program
Park Renovations
Playground Equipment Replacement
<R�es�jpecctffuully submitted
\Pt18ttC RK A MENT
Don Webb, Director
Account No.
Amount
7015- C3170043
18,529.00
7021- C4120431
62,497.00
7271- C4120284
84,176.00
TOTAL
165,202.00
COMMUNITY SERVICES DEPA�NT-
LaDonna Kienitz, Director
By: GENERAL SERVICES DEPARTMENT
Lloy alton, P.E. David E. Niederhaus, Director
Design Engineer
Attachment: Bid Summary
Micon's letter
Project Location Maps
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MIC011CONSTRUCTION
GENERAL BUILDING CONTRACTORS
License # 744198 CA #154926 AZ
January 10, 2001
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92658
RE: Park Playground Refurbishment
PROD: #3384
PLEASE NOTE:
Micon's bid is submitted only using Miracle Playground Equipment as a substitution
for all of the playground equipment and Spectratruf Rubber Surfacing as a
substitution for Vitraturf.
Attached are specifications for both substitutions and drawings for the Miracle
Playground Equipment.
Thank you for your consideration.
780 S Van Buren St. Suite #G / Placentia, CA 92870-6631 / 714.666.0604 / FAX 714.666.1007
19420 Kennedy Drive Mayer, AZ 86333
800.949.0203
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CITY CLERK
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915
until 11 a.m. on the 10th day of January 2001,
at which time such bids shall be opened and read for
PARK PLAYGROUND REFURBISHMENT
Title of Project
Contract No. 3384
$ 135,000
Engineer's Estimate
F c
ry i
Approved �y
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. O. Box 1768, Newport Beach, CA 92658 -8915.
Required Contractor License Classification(s) required for this project: "A"
For further information, call Lid Dalton Project Manager at (949) 644- 3328.
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PARK PLAYGROUND REFURBISHMENT
CONTRACT NO. 3384
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
0 0
PAGE 1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PARK PLAYGROUND REFURBISHMENT
CONTRACT NO. 3384
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 percent of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words
"Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents
listed above. Bidders are advised to review their content with bonding and legal agents prior
to submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, and (2) listed as an acceptable surety in the latest revision of the Federal Register
Circular 570.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and
figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of
estimated quantity by unit price, the correct multiplication will be computed and the bids will be
compared with correctly multiplied totals. The City shall not be held responsible for bidder
errors and omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive
any minor irregularity or informality in such bids. Pursuant to Public Contract Code
Section 22300, at the request and expense of the Contractor, securities shall be
permitted in substitution of money withheld by the City to ensure performance under
the contract. The securities shall be deposited in a state or federal chartered bank
in California, as the escrow agent.
PAGE 2
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.
LD1?o4-7 e� Iq t L —a7
Contractor's License No. & Classification
Cut 'n CkAnt ILA Nc15rAp,
Bidder
ff Mal .,,.
III
.,!
1[ 9to,
to
FRFJ[l': G�'EEI! GIANT U411;3CRF'E H F'HIJHE 1,10. : Sr.2' 690 5029
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
• Jan. 02 2'i iul �3F'H F'
PARK PLAYGROUND REFURBISHMENT
CONTRACT NO. 3384
BIDDER'S BOND
PAGE 3
Bond: #3SM 888 274 00
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 109 of the Bid Amount Not to Exceed
Eighteen Thousand & NOZ QDIlars ($ 18.000.00 ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of PARK
PLAYGROUND REFURBISHMENT, Contract No. 3384 in the City of Newport Beach, is
accepted by the City Council of the City of Newport Beach and the proposed contract is
awarded to the Principal, and the Principal fails to duly enter into and execute the Contract
Documents for the construction of the project in the form required within ten days (10) (not
including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of
Award; otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it is agreed that the death of any such Principal shall not exonerate the Surety from its
obligations under this Bond.
Witness our hands this 9th day of _ January
Green Giant Landscape, Inc.
Name of Contractor (Principal) uthorized i aturefTitle
American Motorists Insurance Company
Name of Surety
7470 N. Figueroa Blvd.
Los Angeles, CA 90041
Address of Surety
714) 771 -4701
Telephone
Authorized Agent Signature
Michael E. Cund'ff /Attornev_1a -fct
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
01 -08 -01 17:48 RECEIVED FROM:562 690 5029 P.08
0
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On JAN 09 2001 before me, Susan E. Morales/Notary Public
NAME, TITLE OF OFFICER
personally appeared Michael E. Cundiff
NAME OF SIGNER(S)
® Personally known to me • or - ❑ Proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) islare subscribed to the within instrument
and acknowledged to me that helshelthey executed the same in
his(herltheir authorized capacity(ies), and that by hislherltheir
SUSAN E m ')Hn.•:.es 1:
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
OUNTY
,� .. ^y Comm. Exp. Cec. 25. 2001
WITNESS my hand and official seal.
(SIGAATURE OF NOTAR 1)
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 ENl "n'Y( IES)
Lumbertnens Mutual Casually Company
American Motorists Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
Bond(s)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
MEMPER.
Home Office: Long Grove, IL 60049
Know All Men By These Presents:
is 41
POWER OF ATTORNEY
That the Lumbermen 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 attorney(s) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance
of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as 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 Company as fully and 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, We 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 wrifing 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: Lumbermen Mutual Casualty Company
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company
�+auW 44� alln Yy �Nal�
Robert P. Hames, 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, 111 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 -2 8-02
CERTIFICATION
►A1AAAAAAAAA•
40 "OFFICIAL SEAL" ►
f Iran mswsr ►
f Notary Pubbiw stall on to no Is ►
f ag Espnas Jm =. war ►
•vvvvvv7Tvvvv
WADI.
Irene Klewer, Notary
I, J.K. Conway, Corporate Secretary of the Lumbermens 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. Hames, 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 Lumbermens 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 Lumbermens Mutual Casualty Company,
the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this
�RN0 9 20M
uuw 4ee e x "su my r H p Eire s y("" xu.m °.. COa1J/11ba 3 [��,�,,�.,�� �+a aM` V+e cwn
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 0
PAGE 4
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PARK PLAYGROUND REFURBISHMENT
CONTRACT NO. 3384
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.
2.
3.
4.
5.
6.
7.
8.
9.
Subcontract Work Subcontractor Address
10.
Gpr,t 1 YIN pSCPrPcc - , 0 FO-r
Bidder Authorized ignature/Title
PAGE 5
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PARK PLAYGROUND REFURBISHMENT
CONTRACT NO. 3384
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 /Agency
Person Telephone
To Contact Number
S'
7'34 C"
er) U),41rVL- Ooa/ 14 h70 �o°
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PARK PLAYGROUND REFURBISHMENT
CONTRACT NO. 3384
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of n A A n ctE )
PAGE 6
Q P AZA t L H-5 , being first duly sworn, deposes and says that he or she is
�c,ntvir ofrjeap,�r , ail% LAivoc,Ant ,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 f the State of California that the foregoing is true
and correct.
n /
l)q. (�iAnt
Bidder Authorized ignaturelTitle
Subscribed and sworn to before me this qI
Notary Public
day of 2001.
[SEAL]
BOSEMEIBE TOLEDO HENDENSON
- Camm.d1119S30 r^
N ` NOTAflY PUNC CAMBIA N
tea Anylu C000ly
My Commission Expi s: u c mm n,7002
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PARK PLAYGROUND REFURBISHMENT
CONTRACT NO. 3384
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed
ten (10) days (not including Saturday, Sunday and Federal
Notice of Award to the successful bidder:
• CONTRACT
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
PAGE 7
and delivered to the Engineer within
holidays) after the date of receipt
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. Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as
required by the Contract documents 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.
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.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PARK PLAYGROUND REFURBISHMENT
CONTRACT NO. 3384
CONTRACT
PAGE 8
THIS AGREEMENT, entered into this 23rd day of January, 2001, by and between the CITY
OF NEWPORT BEACH, hereinafter "City," and Green Giant Landscape, Inc., of La Habra,
California, hereinafter "Contractor," is made with reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
PARK PLAYGROUND REFURBISHMENT
Project Description
3384
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. 3384, 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 ail utility and transportation services required for the Project:
All of the work to be performed and materials to be furnished shall be in strict accordance
with the provisions of the Contract Documents. Contractor is required to perform all
activities, at no extra cost to City which are reasonably inferable from the Contract
Documents as being necessary to produce the intended results.
• • PAGE 9
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 one hundred fifty -seven thousand, two
hundred two and no /100 Dollars ($157,202.00).
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
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Lloyd Dalton
(949) 644 -3328
Green Giant Landscape
941 Macy Street
La Habra, CA 90631
562 - 690 -6208
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 origina
endorsements effecting coverage required by this Contract. The certificates anc
endorsements for each insurance policy are to be signed by a person authorized by that
•
• 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.
•
4. Other Insurance Provisions
• 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
party, reduced in coverage or in limits except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to
City.
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
amount provided that the Work damaged is built in accordance with the plans and
specifications.
0 0 PAGE 12
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.
4. 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.
s 0
PAGE 13
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: CITY OF NEWPORT BEACH
U��'
A Municipal Corporation
Y:
CITY CLERK Mayor
APPROVED AS TO FORM: .� W
-r AW0911V
Green Giant Landscap , Inc. �.
B
Authorized Si nature and Title
'ACORD CERTIFICATOOF LIABILITY
TM
INSUR f4CE
I DATE (MM /DDM)
OZ /09/2001
PRODUCER (949)261 -5335 FAX (949)261 -1911
Tutton Insurance Services, Inc.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2913 S. Pullman St. ..
ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92705 E'"
r
GA800141
INSURERS AFFORDING COVERAGE
INSURED
1 2
INSURER A
Navigators Insurance Co. (AES)
INSURER B.
American States Insurance Co.
Green Giant Landscape, Inc.
941 -A Macy Street
INSURER C.
National Union Fire (AES)
La Habra, CA 90631
INSURER
State Comp. Insurance Fund
INSURER E.
GEN'L AGGREGATE LIMIT APPLIES PER
POLICY JECT PRO LOC
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
POLICY NUMBER
DATE(MM /DO/YY)
DATE(MM /DD/YY
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE T OCCUR
GA800141
10/09/2000
10/09/2001
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE (Any one fire)
$ 50,00
MED EXP(Any one person)
$ 5,000
PERSONAL & ADV INJURY
S 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
POLICY JECT PRO LOC
PRODUCTS - COMP /OP AGO
$ 1,000,00
B
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON- OWNEDAUTOS
10E68198020
A
10/09/2000
ENDED
10/09/2001
COMBINED SINGLE LIMIT
(Ea aoudenI)
$
1,000,000
X
BODILY INJURY
(Per person)
$
X
BODILY INJURY
(Per aWdent)
$
X
DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EAACC
AUTO ONLY AGG
S
$
C
EXCESS LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION S
BE7407825
11/22/2000
10/09/2001
EACH OCCURRENCE
$ _2,000,000
AGGREGATE
$ Z , 000, 000
$
$
$
D
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
290000147600
04/01/2000
04/01/2001
11TORY LIMITS ER
-
E L EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,ODO,00
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
ity of Newpot Beach, its officers, officials, employees and volunteers are named additional insureds
n GL per attached ANF160a (8/99) and on auto per attached CA7135 (12/93)
(WC) Waiver of subrogation requested from carrier *10 Day notice of cancellation for non - payment.
This insurance is primary and non - contributory per policy forms.
E: Park Playgroung Refurbishment- Contract No. 3384
ULKI IFIGA It HULUEK I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION
AUUKU 25-b (7197) FAX: (949)644 -3328 `
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Newpot Beach
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILENDEAVOR TO MAIL
Public Works Department
DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT,
Attn: Lloyd Dalton
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
3300 Newport Blvd.
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Newport Beach, CA 92663
Bill Tutton /CLAUDI
AUUKU 25-b (7197) FAX: (949)644 -3328 `
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B)
CG 20 10 1185
SCHEDULE
Name of Person or Organization: City of Newport Beach, its officers, officials, employees &
Any person or organization that the named insured is obligated by virtue 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 11) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of "your work" for that insured
by or for you.
The following additional provisions apply to any entity that is an insured by the terms of this
endorsement:
1. Primary Wordine
If required by written contract or agreement: Such insurance as is afforded by this policy shall
be primary insurance, and any insurance or self - insurance maintained 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 Subrogation
If required by written contract or agreement; We waive any right of recovery we may have
against an entity that is an additional insured per the ,erms of this endorsement because of
payments we make for injury or damage arising out of "your work" done under a contract with
that person or organization.
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 insured 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
ANF 160a (08199)
0
0
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
5 A F E C O ADDITIONAL INSURED CA 7135 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
02/09/01
Named Insnrpd Count yed by
Green Giant Landscape, Inc. A. _ _ y
Schedule
Name of Person or Organization: City of Newport Beach, its officers, officials, employees & volunteers
Address:
3300 Newport Blvd., Newport Beach, CA 92663
Premium: $ TBD
(If no entry appears above, information required to complete this endorsement wiC be shown in the Dcclaralions as applicable
to this endorsement.)
A. Under LIABILITY COVERAGE WHO IS AN INSURED is changed to ir.GUde as an "Insured" the person(s) or
organization(s) shown in the Schedule, but on'y with respect to "bodily injury" or " prope :ty 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 emp'.oyee 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 persons) or organization(s) shown
in the Schedule.
CA 71 35 12 93
Page 1 or 1
._. .. _.. _. C'AG-29 PRINipp1.L15/5 -MG ._.
ASBI - Forms Text Display • • Page 1 of 1
S A F E C O` ASBI - Forms Text Display
Form:CA0001 Date:1293Page: 027Name: BUSINESS AUTO COVERAGE FORM
Last chg: 02/17/95
!9
Next
(2) Primary
connected
"auto" you
Next Form
while it is
to a covered
own.
For Hired Auto Physical
Damage coverage, any covered
"auto" you lease, hire, rent
or borrow is deemed to be a
covered "auto" you own,.
However, any "auto" that is
leased, hired, rented or
borrowed with a driver is not
a covered "auto ".
Regardless of the provisions
of paragraph a. above, this
Coverage Form's Liability
Coverage is primary for any
liability assumed under an
"insured contract."
When this Coverage Form and
any other Coverage Form or
i (BO = Bridge Out, BB = Bridge Back)
Next Date:— Next Pager
policy covers on the same
basis, either excess or
primary, we will pay only our
share. Our share is the
proportion that the Limit of
Insurance of our Coverage
Form bears to the total of
the limits of all the
Coverage Forms and policies
covering on the same basis.
PREMIUM AUDIT
a. The estimated premium for
this Coverage Form is based
on the exposures you told us
you would have when this
policy began. We will compute
the final premium due when we
determine your actual
exposures. The estimated
total premium will be
... /WE0001 RL ?DATA @FRAME= cod077DA &ASISEQ =1 A7E4408B55D6DA204664B I C2 02/09/2001
WAIVER OF SUBROGATION
STATE
COMPENSATION
INSURANCE
FUND
HOME OFFICE
ENDORSEMENT AGREEMENT
SAN FRANCISCO
EFFECTIVE APRIL 27,
ALL EFFECTIVE DATES ARE
AND EXPIRING APRIL 1,
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
GREEN GIANT
LANDSCAPE, INC.
941 -A MACY STREET
LA HABRA, CA 90631
0
REP 07
290 -00- 001476
NEW
SP
2- 77 -06 -34
PAGE 1
2000 AT 12,01 A.M.
2001 AT 12.01 A.M.
ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING,
IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND
WAIVES ANY RIGHT OF SUBROGATION AGAINST,
CITY OF NEWPORT BEACH
WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS
POLICY IN CONNECTION WITH WORK PERFORMED BY,
GREEN GIANT LANDSCAPE, INC.
IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN
PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION
OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE
EMPLOYER.
�— IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH
EMPLOYEES SHALL BE INCREASED BY 03%.
NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE
OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS
POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR
LIMITATIONS OF THIS ENDORSEMENT.
CDUNTERSIGNED AND ISSUED AT SAN FRANCISCO: NOVEMBER 1, 2000 2570
AUTHORIZED REPRESENTATIVE PRESIDENT
^•- .�_...�+.+ romr v -na OLD OP II]
PR1of1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
PARK PLAYGROUND REFURBISHMENT
CONTRACT NO. 3384
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92663 -8915
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform all
work required to complete Contract No. 3384 in accordance with the Plans and Special
Provisions, and will take in full payment therefore the following 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
1. Lump Sum Mobilization
\\
a ,,,Dollars
and
!L t? Cents $
Per Lump Sum
2. Lump Sum Demolition, Removal and Disposal
h. h r.: }; 4, =,, Dollars
and
Cents
Per Lump Sum
3. Lump Sum Fern Street Playground Equipment
@ ti Dollars
and r F r'
r� C
Cents $`
Per Lump Sum
i
•
PR2of2
ITEM
QUANTITY
AND UNIT
ITEM DESCRIPTION AND UNIT UNIT
PRICE WRITTEN IN WORDS PRICE
TOTAL
PRICE
4.
Lump Sum
Lugonia Street Playground Equipment
c,�A1 Dollars
and
r� c. r c
Cents
$ J
Per Lump Sum
5.
Lump Sum
Spyglass Hill Playground Equipment
(Am Dollars
and
Nei. Cents
$
Per Lump Sum
6.
920 S.F.
Rubber Surface at 4 Sites
Dollars
and
Cents $ I L l
$
Per Square Foot
7. 940 S.F. 5 -Inch Walk or Picnic Table Pad
with 6 -Inch Tapered Curb
@ ��� Dollars
and
(� Cents $ $ '7 QO
Per Square Foot
8. 160 L.F. Reinforced 18 -Inch Tot Lot Curb
@ _Dollars
and
t� i Cents $ " $ C
Per Linear Foot
9. 210 Tons Tot Lott Sand or Top Soil
@ Dollars
and
L 2 G .". l� 'ZL
Cents $ $
Per Ton
P
•
PR3of3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
10. 55 L.F. Seat Wall w/ Score Lines and Stain
@ L Dollars
and
Cents $ 5c.�'.
Per Linear Foot
11.
Lump Sum
Wall End Column
i
@ �"> ) :y oi:cl Dollars
and
iN�� Cents
c
$
Per Lump Sum
12.
225 L.F.
4 -Inch Perforated Drain Pipe
w/ Gravel and Filter Fabric
@ Dollars
and
lj c Cents
Per Linear Foot
13.
275 L.F.
4 -Inch Drain Pipe
@ �- _, r Dollars
and
Cents $
Per Linear Foot
14.
Lump Sum
Drinking Fountain Relocation on PCC
Pad, 2 -Inch ABS Drain Pipe and Pea
Gravel Sump Drain, Complete
Dollars
and
Cents
Per Lump Sum
15.
2 Each
Galvanized Bar Grate Catch Basin
@ �cc _ �. . �1 Dollars
and
rye Cents $ Ac:(-
Per Each
0 !
PR4of4
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
16. 2 Each Concrete Table
@ c, c✓ Dollars
and
v Cents
Per Each
$ /Orr °
Total Price (Figures)
TOTAL PRICE IN WRITTEN WORDS:
CSI S ��„ .L 5 Ve-r1 Dollars and Z0 Cents
�"✓� a 1� i �� H i'L L rte. , t�
161
Dat
Bidder's Telephone and Fax Numbers
(0204'7 e fi t C �A 7
Bidder's License No. and Classification
P-)-UOAn tAni L1120-5i, S
M
&fi. -. Signature and Title _
q41 M.i w' 4)Med M i
Bidder's ••.
FAUsers�PBWShared\ContractstFY 00- 01tPark Playground Refurbishment C- 3384\PROPOSAL C- 3384.doc
0
• •
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
WEST NEWPORT PARK PLAYGROUND EQUIPMENT REPLACEMENT
CONTRACT NO. 3384
INTRODUCTION
PART 1 - -- GENERAL PROVISIONS
SECTION 2 SCOPE AND CONTROL OF THE WORK 1
2 -6 WORK TO BE DONE 1
SECTION 3
CHANGES IN WORK
2
3 -3
EXTRA WORK
2
3 -2.2
Payment
2
3 -3.2.3
Markup
2
SECTION 4
CONTROL OF MATERIALS
2
4 -1
MATERIALS AND WORKMANSHIP
2
4 -1.3
Inspection Requirements
2
4 -1.3.4
Inspection and Testing
2
SECTION 6
PROSECUTION, PROGRESS, AND ACCEPTANCE
OF THE WORK
3
6 -1
CONSTRUCTION SCHEDULE AND
COMMENCEMENT OF THE WORK
3
6 -7
TIME OF COMPLETION
3
6 -7.1
General
3
6 -7.2
Working Days
3
6 -7.4
Working Hours
3
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
0
0
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 -15
CONTRACTOR LICENSES 5
SECTION 9
MEASUREMENT AND PAYMENT 5
9 -3
PAYMENT 5
9 -3.1
General 5
PART 2 - -- CONSTRUCTION MATERIALS
SECTION 215
PLAYGROUND EQUIPMENT, RUBBERIZED
SURFACE, ETC.
215 -1
Playground Equipment
215 -2
Rubberized Surface
215 -2.1
Materials
215 -2.2
Installation Areas
215 -2.3
Application
215 -3
Tot Lot Sand
215-4
Compliance with Guidelines
Last saved by m1oceyl2/20 /2000 4:56 PM
f:\ users\ pbw \shared\contracts\masters\masters for contract set up\master specs index.doc
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• SP 1 OF 7
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
PARK PLAYGROUND REFURBISHMENT
CONTRACT NO. 3384
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing Nos. 1194186 -REV4, P- 00127 &8 -
C -ADD, and P- 5179 -S); (3) the City's Standard Special Provisions and Standard
Drawings for Public Works Construction, (1994 edition), including Supplements; and (4)
the 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
removing and disposing of existing playground equipment and installing new
playground equipment and rubberized surface materials at Spyglass Hill Park (Spyglass
Hill Road at El Capitan Drive), Fern Street playground (Fern Street at Seashore Drive)
and Lugonia Street playground ( Lugonia Street at Seashore Drive); installing rubberized
surface materials at Peninsula Park playground (A Street parking lot along the
beachfront); and removing and reconstructing certain site improvements at Spyglass
Hill Park, all within the City of Newport Beach."
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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.
(b) Work by Subcontractor. When all or any part of 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.
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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 modify the
schedule to conform to the requirements of the Contract Documents. If work falls behind
the 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
personnel and equipment were required on the job."
6 -7 TIME OF COMPLETION
6 -7.1 General. Add to this section: 'The Contractor shall complete all work under
this Contract, including ordering and receiving playground equipment, within 70
consecutive working days from the date of the "Notice to Proceed ". In addition, the
Contractor shall complete all work at Spyglass Hill Park within 20 consecutive working
days and at the other sites within 10 consecutive working days each.
The intent of these restrictions in working days is to cause work to be performed in a
quick, organized manner that will minimize the amount of time the parks are rendered
unusable to the public. The Contractor shall 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 8:00 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
SP4O1`7
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 supplemental inspection
costs of $50.00 per hour when such time periods are approved.
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 any catch basin or 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 prepare, obtain the Engineer's approval of, and adhere to the
conditions of a 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 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."
SP5OF7
7 -15 CONTRACTOR'S LICENSES
At the time of award and until completion of work, the Contractor shall possess a
General Engineering Contractor "A" License. At the start of work and until completion,
the Contractor shall possess a Business License issued by the City of Newport Beach.
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.
PART 2
CONSTRUCTION MATERIALS
SECTION 215 - -- PLAYGROUND EQUIPMENT, RUBBERIZED SURFACE, ETC.
215 -1 Playground Equipment. Playground equipment shall be PlayBooster
playstructure and 4 -place single post swings as manufactured by Landscape
Structures, Inc. and PipeLine® play structure and double belt swings as manufactured
by Columbia Cascade Company. The equipment shall be furnished as follows:
Fern Street Playground: (Columbia Cascade Drawing P- 00127 -C -ADD)
Quantity
Model Number
Description
1
No. 1694 -01
Kids Bench with Baluster Wall under 56" deck
1
No. 1681
Ring Climber
1
No. 1638
Straight Slide
1
No. 1617
Bubble Panel
1
No. 1647 -6
Spiral Slide
1
No. 1604 -05 at
64 -inch deck
Baluster Wall with Ship's Wheel
1
No. 1648
Cargo Climber
1
No. 1697 -16
Accessible Transfer Platform
1
No. 90 -31 -65
Post & Straight Rail Chin Bar at 6'6" for adult use
1
No. 1581 -2 -AL
Double Belt Swing
1
Full Deck
48"
5
Corner Decks
24, 32,40,56 and 64
t 0 0
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Lugonia Street playground: (Columbia Cascade Drawing P- 00128 -C -ADD)
Spyglass Hill Park playground: (Landscape Structures Drawing #1194186 -REV4)
Model Number
Description
-Quantity
1
No. 1691 -8
Overhead ladder
1
No. 1681
Ring climber
1
1638
Straight slide
1
1687
Vertical safety climber
1
No. 1647 -6
Spiral slide
1
No. 1614 -20
Boat panel w/ wheel
4
No. 1613 -22 -38
Baluster Wall
1
No. 1697-18
Rails
1
No. 1655 -8
Moving brid ewa
1
1674
Arch climber
1
1675 -5 -01
Climbing ram
1
1617
Bubble panel
1
1582 -2 -AL
Double full tot swing
1
Full Decks
48"
4
Corner Deck
As shown on drawing
4
Triangle Deck
24, 42 (2), 48
1
Half Hex
32"
Spyglass Hill Park playground: (Landscape Structures Drawing #1194186 -REV4)
Model Number
Description
-Quantity
1
112485
18' track ride
1
111276
Rail assembl (chinning bar
1
111273
End vertical ladder
1
119840
S horizontal ladder
4
116244
Pipe barrier
1
116248
Vertical ladder
1
123537
Corkscrew
1
128608
Summit climber
1
130390
Double swoosh poly slide
1
119289
84" clatterbrid a w/ handrails
1
115228
Driver panel
1
115254
Store front panel
1
122914
Loop arch
1
123320
Curved transfer module
1
123336
Double poly wave slide
2
121949
8" rise kick late T.K.P.1
4
121948
8" rise kick late K.P.1
12
various
Decks
1
122837
4-place single post swing w/ coated chain
2
100055
Full bucket seat
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215 -2 Rubberized Surface. The rubberized surface specified herein shall be Vitriturf
poured -in -place safety surface as manufactured by Vitrecon ®, Inc.
215 -2.1 Materials. The Vitriturf Playground System shall consist of an asphalt
or concrete substrate, a substrate primer, a binder /SBR base mat, a second
primer and a binder /EPDM wearing course. Wearing course colors and line
markers shall be provided by the Contractor as determined by the Engineer
during construction.
215 -2.2 Installation Areas. The Contractor shall lay out rubberized surfaces in
the following installation areas for the Engineer's approval prior to proceeding
with installation of the Vitriturf Playground System:
Fern Street playground: An 8 -foot by 8 -foot area between the sidewalk and
the 6 -inch transfer station. The surface will be located approximately 5 feet
on one side of the equipment, as directed by the Engineer.
Lugonia Street Playground: An 8 -foot by 10 -foot area between the
sidewalk and the 6 -inch transfer station. The surface will be located
approximately 5 feet on one side of the equipment, as directed by the
Engineer.
Peninsula Park playground: A 15 -foot by 12 -foot area between the existing
sidewalk and the 6 -inch transfer station to the existing playground equipment.
Spyglass Hill Park playground: 79, 422, and 89 square foot areas within
the playground as indicated on Landscape Structures Drawing #1194186 -
REV4.
215 -2.3 Applicaton. The Vitriturf Playground System shall be installed at each
site in strict compliance with Vitricon's written instructions. The Contractor shall
submit a copy of Vitricon's written instructions and a 2 -foot by 4 -foot sample of
his Vitriturf system to the Engineer for approval prior to proceeding with
application. The Vitriturf applicator shall be trained and certified by Vitricon, Inc.
215 -3 Tot Lot Sand. Tot lot sand shall be cleaned of concrete, debris, dirt, etc. prior
to installing new playground equipment. The lots shall then be graded and excess soil
hauled away as necessary that a 12" minimum thickness bed of sand will remain,
except where 18" minimum thickness is required because of equipment height. Sand
shall then be imported as needed to achieve the specified thicknesses. Imported sand
shall be California Blend 50W as produced by Ogilby Norton of San Clemente, CA.
215-4 Compliance With Guidelines. Equipment and surfacing shall meet or exceed
the guidelines and requirements of the Consumer Product Safety Commission.
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
February 14, 2001
Ryco Construction, Inc.
P. O. Box 327
Gardena, CA 90247
Gentlemen:
Thank you for your courtesy in submitting a bid for the Playground Park Refurbishment
(Contract No. 3384) 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,
ci ,!'; i- r jai - /J4
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
February 14, 2001
Conference Communications Group, Inc.
780 S. Van Buren St., Suite G
Placentia, CA 92870
Gentlemen:
Thank you for your courtesy in submitting a bid for the Playground Park Refurbishment
(Contract No. 3384) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
February 14, 2001
Malibu Pacific Tennis Courts, Inc.
31133 Via Colinas, #107
Westlake, CA 91362
Gentlemen:
Thank you for your courtesy in submitting a bid for the Playground Park Refurbishment
(Contract No. 3384) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT AACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
February 14, 2001
Beador Construction Company, Inc.
1001 Dove Street, Suite 280
Newport Beach, CA 92660
Gentlemen:
Thank you for your courtesy in submitting a bid for the Playground Park Refurbishment
(Contract No. 3384) 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