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C-1677 - Cliff Drive Park, Phase I Improvements
t ; lJ 7it TO: CITY COUNCIL FROM: Public Works Department May 22, 1978 CITY COUNCIL AGENDA ITEM NO. H -15 SUBJECT:. I:OF PHASE -- T3 1FT_CLifF TRIP i; I RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the construction of Phase One improvements at Cliff Drive Park has been completed to the satisfaction of the Public Works Department. The bid price was: $ 58,975.30 Amount of unit price items constructed 58,374.60 Amount of change orders 2,996.02 Total contract cost 61,370.62 Funds were budgeted in the Park and Recreation Fund. Five change orders were issued. The first, in the amount of $390. provided for the replacement of approximately 60 feet of curb on Cliff Drive. The second, $345.38, provided for the removal of additional diseased trees. The third, $1,375.50, provided for construction of concrete drainage aprons alongside the stairways. The fourth, $425.14, provided for restoration of a slope which washed out as a result of heavy rain. The fifth, $460.00, provided for the installation of a backflow preventer in the irrigation system. Santa Ana. The design engineering was performed by Creative Techniques of The contractor is Acer Landscaping of Long Beach, California. The contract date of completion was November 14, 1978. Initially, the contractor was delayed for over a month due to the shortage of cement. This caused the final items of work and the maintenance period to be done during the nearly three months of rain. The work was completed on March 31, 1978. )Joseph T. Devlin Public Works Director *0�3 NOTICE NOTICE - PUBLIC NOTICE - ---�T• F NEWPORTBSf•, :rr . ALIFORPHA - NOTICEINVigDifiil "' IDS - SEALED BIDS will be received WijpM of ire City SEALED BIDS will received at the office of -the City Clerk, City Newport Beach, California, until 10:30 Clerk, City Hall, Newport Beach, Cff&Rlda, NO 2:30 P.M. on the 6th dap of July, 1977, at which.tlme they will -Hall, A.M; on the, 28th day. of ju 1977, at WchAine they win be opened and read, for performing- work as ows: CONSTRUCTION OF PHASE ONE DdPROVEMEN =.' ; end; _apt rBa$ : performing`3oLIi �' foIldiis - RES4JRFACING .:, WP T ANDCLIFF HAVEN, 1977 -7$ AT CLIFF DRIVE PARK - CONTRACT I1.4 1930 CONTRACT NO, 1677 Bids must be submitted on the proposal form attached' Bids must be sabmitted on the proposal form attached with the contract documents furnished by the Public Works '. with the contract documents furnished by the Public Works Department. The additional copy of the proposal form is Department. The additional copy of the proposal form is t0 be retained by the bidder for his records. to be retained by the bidder for his records. Each bid must be accompanied by naSf;. certified check Each bid must be. accompanied by cash, certified check or Bidder's Bonk, ;made payable =to' -,the City ofSl de[,'.p> d, made payable.to the_Citx- :oi:I3 gport -to 'tor an amount equal to at least`10'pere6dt'of the Beach, for an amount eqW at least`10ber✓ ent amount bid. t bid. The title of the project and the words "SEALED BIIl" the i:ae title of the project and the words "SEALED BUY, shall 'be clearly marked on the outside of the endelope shall be clearly marked on the outside of envelope containing the bid. containing the bid. The contract documents that must be completed, ere- The contract documents that must be completed, exe- cuted, and returned in the sealed bid are: dated, and returned in the sealed bid are: A. Proposal A. Proposal B. Designation of Subcontractors B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility E. Statement of Financial Responsibility F. Technical Ability and Experience References F. Technical Ability and Experience References These documents shall be affixed with the signature and titles of the persons signing on behalf of the bidder, These documents shall be affixed with the signature and titles of the persons signing on behalf of the bidder. For corporadous, the signatures of the PRESIDENT or For corporations, the signatures of the PRESIDENT or VICE PRESIDENT and SECRETARY or.ASSISTANT SEC -. VICE PRESIDENT and SECRETARY or ASSISTANT SEC- RETARY are required and the CORPORATE SEAL shall RETARY are required and the CORPORATE SEAL shall hued to all documents requiring signatures. In the be affixed to all .documents requiring signatures: -.In the -e�ae of a Partnership, the signatu re of at least one general case of a Partnership, the signature of at least one 0W.wd partner is required. No bids will be accepted from a contractor who has partner is required. No bids will be accepted from' a contractor -who not been licenfA in accordance with the provisions of not been licensed in accordance with the provisions et Chapter 9, Division Ill of the Business and professions' : Chapter 9, Division Ill of the Business and Profess[ose' - Code. The contractor shall state his license number and Code. The. contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including classification in the proposal. One set of plans and contract documents, including. special provisions, may be obtained at the Public Works speclal provisions, may be obtained at the Public Works Department, City Hall, Newport Beach, California, at no Department, City Hall,. Newport Beach, California, at an cost to licensed contractors. It is reulaested that the plans, cost to licensed contractors. It is rpuested that the plans and contract documents be returned within 2 weeks after. and contract documents be returned within 2 weeks after bid opening. - The City has adopted the STANDARD SPECIFICATIONS - bid opening. The ity hs he STANDARD as FOR PUBLIC WORKS CONSTRUCTION (197ft Edition) as; 6 FOR-PUBLIC WORKS CONSTRUCTION (1976 Edition) prepared by the Southern California Chapters of the Amer- b the Southern California Chapters the Amer - prepared Y lean Public Works Association and the Assodlfad General; , ican :Public Works Association and the Associated General :Contractors of America. Copies may be 01ohlAsd from ' Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, Building News, Inc., 3055 Overland Avenue, Los Angeles, -: California 90034, (213) 870 -9871, California 90034, (213) 870 -9871. , The City has: adopted Standard Special provisions and The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the 'Public Works Department at a cost of $5.00 per set. Standard Drawings. Copies of these are available at the: Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work' A standard "Certificate of Insurance for Contract Work for. City" form has been adopted by the City. This form for City" form has been adopted by the City. This form IS the only of insurance acceptable to the City. is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete' .certificate The successful low bidder will be required to complete• this form upon award of the contrail. For any required bonds, the company lssufug Bid. Bonds, � this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Labor and Material Bonds, and Faithful Performance Bonds must be an Insurance company or surety company. Bonds must be an insurance company or surety company licensed by the State of California. The companies must: licensed by the State of California. The companies must have current General Policy Holders Rating of also have a current General Policy Holders Rating of A or better; and a Financial Category of at least Class % as, also a A or batter; and a Financial Rating of at least AAA as per the latest edition of Best's Key Rating Guide (Prop -: .p9f the latest edition of Bed's Key Rating Guide (Prop. arty - Liability in accordance with the provisions of Article 21 Chapter 1, 1 arty - Liabilityl In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Cade (Sections 1770 at seq.).,; Part 7 of the California Labor Code (Sections 1770 at seq. the City Council of the City of Newport Beach has ascer- the City Connell of the City of Newport Beach has ascer- talned the general prevailing rate of . per. them wages in the locality in which the work is. to be performed fur, Mined the general prevailing rate of per diem wages in the locality !n which the work is to be performed for each craft, classification, or type of workmaa.of mechanic' as& craft, classification, or type of workmen or mechanic needed to execute the cagtract and has -s- forth these Resolution No. 8950 December 18 1978 ;needed to execute the contract and has set'fortk these . :Items fu Resolution No: 8950 adopted December I ,1976: ttems in adopted A copy of said resolution is iuiaiiAble igtl�e office of twin , ' A' copy of said resolution is available in the office of the City Clerk. All parties to the coetiietsl li gourernad; .City Clerk. All parties to the contract shall be governed by all provisions of the Caltfur T ow f oils ielatiog f0-1 ea ;by' all provisions of the California Labor Code relating prevailing_ wage rates (Sections 1770_1781• . to =01 ._ rates (Secticpa,l7 Thr shall be ;espoaile for complia_ rector sink be responsible for compannee t�- Section 1777.5 of the Csl riuta''LabWCode for 77.5 of the California Labor Code far..aiiep= prentleeal?te poe atlona... ' :::: _..:.. ac A tII post a copy. "on � fur wage p ccapaum. r shall o� may be ��.. .::::fie _ -. m� rte► 0 the jhir iii Copies may i3a: _ � ae site... Copies o ee Publia Works Department,. Y!. _ Tie _fie. _ to reject any or dn1k, The City reserves to reject - .... asehhlr... to e eo waive any Into Ilpah noRfs CZTY..? TY . — Vy 25, 1977 CITY COUNCIL AGENDA BY ITEM NO. G -1 CITY OF W4WRQal a:ACH TO: CITY COUNCIL FROM: Public Works Department and Parks, Beaches & Recreation Department SUBJECT: CONSTRUCTION OF PHASE ONE IMPROVEMENTS AT CLIFF DRIVE PARK (C -1677) RECOMMENDATIONS: 1. Adopt a resolution awarding the contract to Acer Landscaping for $58,974.70 (deleting handrails and bridge railings from = the contract); and authorizing the Mayor and City Clerk to execute the contract; or 2. Reject all bids and direct the staff to re- advertise for bids. DISCUSSION: On July 6, 1977 at 2:30 P.M. the City Clerk opened and read the only bid that was submitted for the construction of phase one improvements at Cliff Drive Park'. Bidder Bid Acer Landscaping, Long Beach $70,310.74 Landscape architect's estimate $51,000.00 Funds available from State Park Bond Act of 1974 $60,400.00 The low bid is 37.9% above the landscape architect's estimate. The apparent reason for lack of bids and the high price is the current heavy bidding schedule for landscape projects. It is felt that re- advertising for bids would not necessarily produce a more favorable bid at this time. For that reason, it is recommended that bid items 6 and 7 which provide for handrails be deleted from the contract in order to reduce the contract cost to $58,974.70. If handrails are found to be necessary at some future date, they could be installed at that time. The contractor is agree- able to deletion of the two items of work. Acer Landscaping is a small firm whose major client is the Los Angeles County Road Department. Presently they have four active projects with the road department. They are considered to be competent and qualified. The contract provides improvements for the westerly portion of the park as shown on the attached sketch. Improvements consist of grading, con- struction of walks and stairways, planter walls, drain facilities, irrigation system, and the planting of ground cover, grass, shrubs, and trees. A set of the plans will be on display in the Council Chambers. The landscape architect is Creative Techniques of Santa Ana. The location of the project is shown on the attached sketch. The estimated date of completion is November 8, 1977. .t Joseph T. evlin Pybl i c WQrJ s Director Att. KLP:hh Parks, Beaches & Recreaty'on Director • � tih o , s'� 6 h o o vti o q 3 ` '� ry 6 tihU u r• O O ny 9�C �0, \ e4 I \ Y` ny 5 v (�, z, 80 i� h r a. N � � o \ry •� _ 8o N I.G F� � .22 O 7q pg i Ya 50 _ �'`��IS - •7 1 -G2 p0 _ � a_ p• o- (� � ,�v� � qj 5J q a .116° G V\ �. 4 • 91 /O 2Fb£ / e Z o6 n��J •. pip 1 \� ^� � \ \V`) '"om .. asa ,�� � a 2 � Q• ; Qty i Syd Zb ac2 may/ .7281. 101 d e? �• i I 6 o- \ �6 \Nt �� a 0 � � o ?as • zvu. .Z e; i5 .00- � � Z �• etiq zs' � v a � b°i• �`'J �ha�• a h n h \h \\ Ff h� DbA 4 LU borF \Ipy I �• N � � f\ 7 � ��\\ \�. LL \ Z Is M PY RESOLUTION NO. is L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO ACER LANDSCAPING IN CONNECTION WITH CONSTRUCTION OF PHASE ONE IMPROVEMENTS AT CLIFF DRIVE PARK, CONTRACT NO. 1677 WHEREAS, pursuant to the notice inviting bids for work in connection with construction of Phase One improvements at Cliff Drive Park, in accordance with the plans and specifica- tions heretofore adopted, bids were received on the 6th day of July, 1977, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is ACER LANDSCAPING; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Acer Landscaping for the work in the amount of $58,974.70 be accepted, and that the contract for the described work be awarded to said bidder; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this 25th day of July , 1977. or ATTEST: City Clerk DDO /bc 7/20/77 3 June 13, 1977 CITY COUNCIL AGENDA ITEM NO. H -9 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: CONSTRUCTION OF PHASE ONE IMPROVEMENTS AT CLIFF DRIVE PARK (CONTRACT NO. 1677) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 2:30 P.M. on July 6, 1977. DISCUSSION: The City of Newport Beach has an agreement with the State of California to develop Cliff Drive Park with funds from the State Park Bond Issue of 1974 (Agreement No. 30- 0019). Plans have been prepared for the improvement of the whole park, including grading, installation of an irrigation system, walkway, ground cover, shrubs, trees, and picnic areas. The estimated cost of improving the entire park is $242,000. The current budget contains an appropriation of $55,000. Phase one improvements cover the westerly portion of the park as shown on the attached sketch. The estimated construction cost for phase one im- provements is $51,000. The plans were prepared by Creative Techniques of Santa Ana. The estimate date of completion is November 8, 1977. eph T. bpvlin lic Work Department :jd Att. l � qs Q 0 hh .P • SFr h� F r /v .TTd �.a i. / •TT3• / I A 1 �' � � rQ v. 09 r• • k 1 o N ` Q .� ��P /!/ter.- _...... ��°. 0: O 1r� `^• hc'�uP � �° �o�°r zvii. .rqQ; /5 zoo � p ��. h y�si 01- �2 a �yf y h o 4 ` ` or ` hDOt64 h _ W .a Ji• \. x 7 -o sue. � N �0 Q% �G fl a N V � y v e o � o � o l � qs Q 0 hh .P • SFr h� F r /v .TTd �.a i. / •TT3• / I A 1 �' � � rQ v. 09 r• • k 1 o N ` Q .� ��P /!/ter.- _...... ��°. 0: O 1r� `^• hc'�uP � �° �o�°r zvii. .rqQ; /5 zoo � p ��. h y�si 01- �2 a �yf y h o 4 ` ` or ` hDOt64 h _ W .a Ji• \. CITY OF NEW BEACH PARKS, BEACHES & RECREATION DEPARTMENT May 9, 1977 TO: MAYOR & CITY COUNCIL H -2 (g) FROM: PB & R Director SUBJECT: AMENDMENT TO AGREEMENT NO. 30 -0019 CLIFF DRIVE PARK RECOMMENDATION: Adopt a Resolution amending Agreement No. 30 -0019, Cliff Drive Park, between the City and the State of California for the development of Cliff Drive Park to expand the scope of the original agreement wording. DISCUSSION: The City of Newport Beach has an agreement with the State to develop Cliff Drive Park, utilizing funds from the State Park Bond Issue of 1974. In making the application the City was specific in identifying the fact that the project would include sprinkler system, walkways, shrubs, trees, etc. However, now that the plans have been submitted to the State for review, also included in the scope of the project are telephone pole planter walls, handrails, bridge railings, drainage facilities, mowing strips and a drainage ditch on Avon Avenue. The State indicated that since we were so specific in our original request that the addition of these items must also be identified so that the agreement will be consistent with the scope of the project. The State has prepared the agreement amendments and have forwarded them to the City. The PB & R Director has been authorized to execute the agreement, however, it will be necessary for the City Council to adopt a Resolution agreeing to the amendments identified above. CL CALVIN C. STEWART J CCS:h RESOLUTION NO. 9 05;3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENTS TO AGREEMENT BET14EEN THE CITY OF NEWPORT BEACH AND THE STATE OF CALIFORNIA FOR THE DEVELOPMENT OF CLIFF DRIVE PARK WHEREAS, Resolution No. 8308 authorizing the applica- tion and agreeing to the terms of the Project Agreement No. 30 -0019 (Cliff Drive Park) was adopted on July 8, 1974; and WHEREAS, it is desired to amend said Project Agreement as follows: "Add to project scope: Telephone planter walls; handrails; bridge railings on existing bridge; drainage facilities, mowing strip; P.C.C. drain ditch; ground cover and turf "; and WHEREAS, the City Council has reviewed the terms and conditions of said above - described amendments and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said amendments to Project Agreement No. 30 -0019; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said amendments to Project Agreement No. 30 -0019 above described are approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 9th day of May , 1977. or ATTEST: City Clerk DDO /bc 5/6/77 1 = �- 'f w El RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE APPLICATION FOR 1976 STATE GRANT MONIES - CLIFF DRIVE PARK PROJECT WHEREAS, the people of the State of California have enacted the State, Urban and Coastal Park Bond Act of 1976, which provides funds to the State of California and its political subdivisions for acquiring lands and for developing facilities for public recreation and historical purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications prior to submission of said applications to the state; and WHEREAS, said applications contain assurances that the applicant must comply with; and WHEREAS, the applicant agency will enter into an agreement with the State of California for the acquisition and /or development of the pro}ect; hereby: NOW, THEREFORE, BE IT RESOLVED that the City Council 1. Approves the filing of an application for 1976 state grant assistance; and 2. Certifies that said agency understands the assurances in the application; and -1- 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project; and 4. Certifies that said agency has reviewed and understands the General Provisions contained in the sample state /local agreement; and 5. Appoints the Parks, Beaches & Recreation Director as agent of the City to conduct all negotiations, execute and submit all documents, including but not limited to applications, amendments, payment requests, and so on which may be necessary for the completion of the aforementioned project. ADOPTED this 25th day of April , 1977. ATTEST: City Clerk DDO /bc 4/14/77 CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION DEPARTMENT April 25, 1977 T0: MAYOR & CITY COUNCIL FROM: Assistant Director, PB & R SUBJECT: RESOLUTIONS APPROVING THE APPLICATION FOR 1976 STATE GRANT MONEYS RECOMMENDATION: Approve Resolutions implementing the application process for grant funds available under the pro- visions of the Nejedly -Hart State, Urban and Coastal Park Bond Act of 1976. DISCUSSION: H -2 (i, j & k) The above program, which was Proposition 2 on the State ballot, allocates funds on a basis of 1980 population as determined by the State Department of Finance. Grant applications received by May 1, 1977, will be reviewed by the State and submitted for budgetary approval by the State Legislature. Our allocation of $175,458 will be used for the following projects: 1. Ba�side Drive Park ($54,458) Phase II development of this project. 2. Ensign View Park ($56,000)Phase II development of this project. 3. Cliff Drive Park ($65,000) Phase II development of this project. Approving the Resolutions will enable the City to comply with time schedules as established by the State Department of Parks & Recreation. LT."A,9 Ronald A. Whitley C LEASE ON STOP NOTICE (NOTICE TO WITHHOLD) The undersigned claimant, having heretofore executed and served on the City of Newport Beach a Stop 4Notice (Notice to Withhold) under California Civil Code Sections 3181, et seq., requiring said City of Newport Beach to hold for said claimant from the funds of Acer Landscape on account of seed, mulch, fertilizer, labor and equipment furnished to said Acer Landscape as contractor on the work and improvements at Cliff Park, Newport Beach, California, does hereby release said Stop Notice (Notice to Withhold) heretofore filed and does further rescind same and does, by these presents, declare that the City of Newport Beach is released from any and all liability on account of said Stop Notice (Notice to Withhold). STA -SOIL CORPORATION By Y k/li G. Barrett Swayne, Jr. , Attorney an 04nt STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) The undersigned states that on July 18, 1978, before me, a Notary Public in and for said County and State, personally appeared G. Barrett Swayne, Jr known to me to be the Attorney and Agent for Sta -Soil Corporation, the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument. WITNESS my hand and official seal. f Notary Public in and for said County P ;KFt':,,- and State r ; (V/.r -,... AL SEAL 3 �,•`.�i,4 i'. MILLER - .. C --CALIFORNIA \ PL OFFICE IN ' - LO:; ANu- -_I COUNTY P +'y C_nlc: srcn E,,Pcs January 14, 1981':.` HARRY G MCMAHON (1921-1962) JOHN E ARKLEY WATNE A BUTTERFIELD G. BARRETT SWAYNE, JR. LAW OFFICES ARKLEY, BUTTERFIELD 8 SWAYNE July 20, 1978 Acer Landscape Post Office Box 4746 Long Beach, CA 90804 Re: Cliff Park, Newport Beach Gentlemen: 9 33 EAST HUNTINGTON DRIVE ARCAOIA,CALIFORNIA 91006 )213) 44] -6161 !213) 681 -Sa OO At the request of my client, Sta -Soil Corporation, I enclose herewith a Release on Stop Notice (Notice to Withhold). Very truly yours , G. BARRETT SWAYNE, Jr. GBS:tm enc. f June 7, 1978 Acer Landscaping P.O. Boa 4746 Long Basch. CA 90804 Subject: Surety Balboa Insurance Company Bonds No. L05- 016845 Project Construction Phase I Improvements /Cliff Drive Park Contract No.: 1677 The City Council on May 22, 1978 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. Notice of Completion was filed with the Orange County Recorder on May 24, 1978 in Book No. 12687. Page 1861. Please notify your surety company that bonds may be released 35 days after recording data. Doris George City Clark as cc: Public Works Department PLEASE RM17N To 1" Quis}r,� Q CITY CLFRiC CTY CF NE4'rPORT REACH 3300 NEIVPOPT f; ^ULFVnRp NEWPORT HACK CALIF. 255? 35340 EXEMPT C2 NOTICE OF COMPLETION PUBLIC WORKS R126877!861 RECOQDEO IN OFFICIAL RECORDS OF ORANGE i:UU:d "!, CALIFORNIA 9:05 A.M. , 24 1978 LEE A. BRANCH, County Recorder 'Io All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on March 31, 1978 the Public Works project consisting of Construction of Phase One Improvements at Cliff Drive Park on which Acer Landscaping was the contractor, and Balboa Insurance Company was the surety, was completed. VERIFICATION I, the undersigned, say: CITY OF NEWPORT BEACH c C I am the Public Works Director of the City of Newport Beach; the foregoing Notice. of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 23, 1978 V ERI at Newport Beach, California. JF I, the andeersi ned, say: I am the4C-jity erk of the City of Newport Beach; the City Council of said City on Max 22, 1978 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 23, 1978 at Newport Beach, California. • 0 CITY OF NEWPORT BEACH CALIFORNIA city Hall 3300 W. Newport Blvd 640 -2251 Date: May 23, 1978 Lee A. Branch County Recorder in P. 0. Box 2H Santa Ana, California 92702 Dear Mr. Carlyle: Attached for recordation is Notice of Completion of Public Works project consisting of Coma=ictim of Phase One Improvements at Cliff Drive Park Contract No. 1677 on which Acer Landscaping was the Contractor and Balboa Insurance Company was the surety. Please record and return to us. Very trul}jj yours, /Doris George City Clerk City of Newport Beach Encl. STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS TO: City of Newport Beach 'Name cf osner, constructon lender or public efncer', 3300 Newport Blvd., Newport Beach, Ca. 92663 !Address c•f msrer or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant. HOLDER OF FUNDS, STA -SOIL CORPORATION, 5275 Craner Ave., N. Hollywood, Ca. 91601 has furnished or has agreed to furnish (Name and address) labor, services equipment and materials 'labor, services, equipment, materials) of the following kind , se_ed,_mulch, fertilizer, labor and equipment for lawn planting general descrptlen of labor. services, equipment or materials) to or for Acer Landscape _ _ —. —_. _ —, for the work improvement, located at, or known as: [name of person to or for ehcm !:rc; shed! _ Cliff Park, Newport Beach, California (address, 'egal descrr.pUon. description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $,313.36 The amount in value of that already done or furnished by claimant is T. 313:36__ Claimant has been paid the sum of $_�0.- and there remains due and unpaid the sum of $ 313.36 plus interest thereon at the rate of 7 _per cent per annum frorr_ ,_November 21 19 77 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. STA -SOIL CORPORATION February 15, 1978 By: Dated:---- -— - i Name of CiaimantG Barrett v qAg, e, Jr. Attorney anc Agent _5275 Craner Ave_ N. Hollywood, Ca. 91601 Address of Claimant �.... _ c STATE OF CALIFORNIA COUNTY OF LQS ANGELES ; ss. _ f o i G. BARRETT SWAYNE, JR. _ -_ being duly sworn, deposes and says: That —he is the person% who signed the foregoing Stop Notice; that —he has read the same and knowNbe ,contents thereof to be true of h_ is own knowledge, except as to any matters or things that may therein be stated on h is information' arrd belief and as to those matters and things —he believes them to be true. Subscribed and sworn to before me this 15th day of February 19 78 Notary Public and in and for said State / I G_ Sarratt Swavne. Tr. OR!VIA AL I.1:C= IN CUUNry i I. Aires January 14, 1921 J. f: F r:+ ... .d. ,. Thb standard form cave. most West problems in the field ludicated. Before you sign, read It, fin in all blanb, STOP NOTICE and make changes proper to your transaction. Consult alaxTcr if you doubt the form's fitness for your pumme. WOLCOTTS FORM 884 -1?ev. 2 -73 0 0 raaaaar - i CITY OF NEWPORT BEACH RECEIPT a - NEWPORT BEACH, CALIFORNIA 92663 No. 79135 DATE d� RECEIVED FROM FOR: n ACCOUNT NO AMOUNT t� DEPARTMENT By ;.rr�.aa a.�raaraarar.�aaa- �aaar. HARRY G M.MAHON )1921-1962) JOHN E.ARNLEY WAYNE A. BUTTERFIELD G. BARRETT SWAYNE, JR. a LAW OFFICES ARKLEY, BUTTERFIELD & SWAYNE February 15, 1978 lJ 33 EAST HUNTINGTON DRIVE ARCADIA. CALIFORNIA 91006 (213) 447 -6161 )213) 681 -6600 City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92663 Attention: Disbursing Officer Re: Project: Cliff Park, Newport Beach, Ca. Gentlemen: On behalf of my client, Sta -Soil Corporation, I enclose herewith a Stop Notice in connection with the above referenced project. I am also enclosing a check in the sum of $2.00 and request, in accordance with Section 3185 of the California Civil Code, that you notify me as soon as a notice of completion has been filed, or after the cessation of labor has been deemed a completion of the project, or after acceptance of completion. Very truly yours, G. BARRETT SWAYNE, JR. GBS:ac Enclosures 4 -23 -78 Work on the above project was accepted by the City Council of the City of Newport Beach at the regular meeting of the Council on May 22, 1978 City Clerk, City,b/f Newport Beach cc: Finance Dept. w /check Public Works Dept. CITY OF NENA)RT BEACH Fo a Date August 16, 1977 TO: Public Works Department FROM:. City Clerk SUBJECT: Contract No. 1677 Project -CTT 6rive Park /Phase I Improvements Attached is signed copy of subject contract for transmittal to the contractor. Contractor: Acer Landscaping Address: P.O. Box 4746, Long Beach, CA 90804 Amount: $ 58,974.70 Effective Date: 8 -16 -77 Resolution No. 9153 f Al Doris Geo e Att. cc: Finance Department [� Cite hall • 3300 Newport BOUIeeard, Newport Beach, California 92663 i f CITY CLERK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS 61119 CONSTRUCTION OF PHASE ONE IMPROVEMENTS Approved by the City Council this 13 day of June 1977. C ry- Doris George, City Jerk AT CLIFF DRIVE PARK CONTRACT NO. 1677 SUBMITTED BY: ACER LANDSCAPING Contractor P. 0. BOX 4746 Address LONG BEACH, CALIFORNIA 90804 City Zip 826 -5383 (714) Phone Tota rice Bid (� Cz_,,�z n- ct� -�Cte f CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCTION OF PHASE ONE IMPROVEMENTS AT CLIFF DRIVE PARK CONTRACT NO. 1677 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Gentlemen: PR 1 of 4 The undersigned declares that he has carefully examined the locations of the proposed work, that he has examined the Plans, the Special Provisions, the Standard Special Provisions, the Standard Specifications, and the Standard Drawings; has read the Notice Inviting Bids; and hereby agrees to furnish all labor, materials, equipment, transportation, and services to do all the work required to complete Contract No. 1677 in strict conformance with the plans identified as City of Newport Beach Drawing No. P- 5077 -S (consisting of 9 sheets), the Special Provisions, the Standard Specifications, and the Standard Drawings; and that he will take in full payment for the work the following unit prices for each item of work, complete in place, to wit: ICE WRITTEN IN 1. Lump Sum Clear, grub, and rough grade site for the lump sum price of One Thousand Six Hundred Dollars and No Cents $ 1,600.00 $ 1 .600.00 2. 300 Sq. Ft. Construct P.C.C. entry walks for the unit price of Two Dollars and Fifteen Cents Per Square Foot 3. 3,350 Sq. Ft. Construct soil cement pathways for the unit price of $ 2.15 $ 645.00 One Dollars and No Cents $ 1.00 $ 3.350.00 Per Square Foot E 19 R 7 Z 1,830 Construct railroad tie stairways Linear Feet and steps,for the unit price of 0 PR 2 of 4 Five Dollars and Ninety -three Cents $ 5.93 $10,851.90 Per Linear Foot 410 Construct telephone pole planter Linear Feet walls,for the unit price of Nine Dollars and Seven Cents $ 9.07 $ 3.71R_70 Per Linear Foot 370 Construct galvanized steel hand - Linear Feet rails, for the unit price of Twenty -two Dollars and F r Cents $ _40 $ 8.288.00 Per inear Foot 96 Construct galvanized steel bridge Linear Feet railing, for the unit price of Thirty -one Dollars and Seventy -four Cents $ 31.74 $ 3.047.04 Per Linear Foot 4 Each Construct complete drainage facil- ities including pipe, for the unit price of Four Hundred Dollars and No Cents $ 400.00 $ I6W 00 Per Each 370 Construct P.C.C. mow strip, for Linear Feet the unit price of Three Dollars and 5 y n ,y -fn �r Cents $ 3.74 $ 1, 383.80 Per Linear Foot • PR3of4 ITEM QUANTITY ITEM DTSCRIPTION ^ UNIT _ TO- NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 20 Construct P.C.C. drain ditch, for Linear Feet unit price of Twenty Dollars and No Cents $ 20.00 $ 400.00 Per Linear Foot 11. Lump Sum Construct automatic irrigation system, complete in place, for the lump sum price of Eighteen Thousand Dollars and No Cents $ 181000.00 $ 18,000.00 12. Lump Sum Perform finish grading and pre- pare ground for planting, for the lump sum price of Two Thousand Dollars and No Cents $ 2,000.00 $ 2,000.00 13. Lump Sum Furnish and install ground - cover from flats, for the lump sum price of Seven Thousand Dollars and No Cents $ 7.000.00 $ 7,000.00 14. Lump Sum Plant turf, for the lump sum price of One Thousand Dollars and Nn Cents $ 7_nan_on $ i_nnn_on 15. 40 Each Furnish and install 15- gallon size trees, for the unit price of Thirty Dollars and Nn Cents $ 30.00 $ 1.200.00 Per Each 0 PR4of4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 9 Each Furnish and plant palm trees, for the unit price of One Hundred Ten Dollars and No Cents $ 110.00 $ 990.00 Per Each 17. 169 Each Furnish and plant 5- gallon size shrubs, for the unit price of Seven Dollars and Ten Cents $ 7.10 $ 1,199.90 Per Each 18. 18 Each Furnish and plant 1- gallon size shrubs, for the unit price of Two Dollars and No Cents $ 2 n $ 36.00 Per Each 19. Lump Sum Provide construction survey stak- ing, for the lump sum price of Four Thousand Dollars and No Cents $__4,nnn Dn $ 4,000.00 TOTAL BID PRICE WRITTEN IN WORDS: Thousand Three Hundred Ten r July 6, 1977 Date CONTRACTOR'S LICENSE NO. 305147 Dollars and Cents TOTAL BID $70,310.74 ACER LANDSCAPING Bidder's Name (AftLaBouef �,J l Authorized Signature CONTRACTOR'S ADDRESS P. 0. Box 4746, Long Beach, California 90804 ,S TELEPHONE NO. 714- 826 -5383 • • June 29, 1977 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL, PLANS AND SPECIAL PROVISIONS FOR CONSTRUCTION OF PHASE ONE IMPROVEMENTS AT CLIFF DRIVE PARK CONTRACT NO. 1677 ADDENDUM NO. 1 NOTICE TO BIDDERS: Please be advised that the Plans and Special Provisions have been amended as follows: PROPOSAL: Item No. 16 provides for 9 palm trees. Three of the palm trees shall each be 6 feet high; three palm trees shall each be 8 feet high; and three palm trees shall each be 12 feet high. Height refers to overall height. PLANS: Sheet 8 Where festuca rubra is shown on sheet 8 of the plans, the contractor shall plant vinca major. Sheet 9 (a) Osteospermum fruticosum shall be furnished in flats and planted 18 inches on centers in both directions. (b) Vinca Major shall be furnished in flats and planted 18 inches on centers in both directions. (c) Turf shall be hydromulched. COTE: Please sign and show the date of receipt of this addendum. Attach a copy to your proposal. No proposal will be considered unless a siyned and dated copy of this addendum is attached. Kenn th L. Perry Project Engineer Contractor's Sign e Date Ant actor Received Addendum CHANGE ORDER NO. 1 CONTRACT NO. 1677 CITY OF NEWPORT BEACH PUBLIC WORKS PROJECT CHANGE ORDER CONTRACTOR'S NAME ACER LANDSCAPING 0 DATE July 26, 1977 BUDGET NO. 10- 7787 -011 PROJECT NAME CONSTRUCTION OF PHASE ONE IMPROVEMENTS AT CLIFF DRIVE PAR This change order is intended to become effective simultaneously with the execution of Contract 1677 by the City. The issuance of this change order was authorized by the City Council on July 25, 1977. The deletion of bid items 6 and 7 is necessary in order to bring the contract within the amount of funds available. ACTION: Delete from the contract: Item 6 370 Linear Feet of Galvanized Steel Handrail @ $22.40 per Linear Foot - $ 8,288.00 7 96 Linear Feet of Galvanized Steel Bridge Railing @ $31.74 per Lineal Foot - 3,047.04 Total Deletions $11,335.04 Original Amount of Contract Net Deductions from Contract by Change Order No. 1 Revised Contract Amount APPROVAL: 14""6 Field Enaineer b L -1 $70,310.34 -11,335.04 $58,975.30 CONTRACTOR: BY i DATE Page 1 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 2:30 P.M. X%ft on the 6 day of July , 19 77, at which time they will be opened and read, for performing work as follows: CONSTRUCTION OF PHASE ONE IMPROVEMENTS AT CLIFF DRIVE PARK CONTRACT NO. 1677 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the proposal form is to be retained by the bidder for his records. Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the bid. The contract documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed with the signature and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice President and Secretary or Assistant Secretary are required an t3 he _or orate_ Seal shall be affixed to all documents requiring signatures. In the case of a ar>s tnership, the signature of at least one general partner is required. No bids will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including special provisions, may be obtained at the Public Works Department, City Hall, Newport Beach, California, at no cost to licensed contractors. It is requested that the plans and contract documents be returned within 2 weeks after the bid opening. (con t.) 0 • Page la The City has adopted the Standard Specifications for Public Works Construction (1976 Edition) as prepared y t e —Southern California Chapters of the American Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work" for City form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. (A sample form is attached for reference.) For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Category of at least Class X as per the latest edition of Best's Key Rating Guide (Property - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the City Council of the City of Newport Beach 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 and has set forth these items in Resolu- tion No. 8950 adopted December 13, 1976. A copy of said resolution 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 -1781 inclusive). The contractor shall be responsible for com- pliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The contractor shall post a copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. V • Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. 305147 Classification C -27 Accompanying this proposal is 10 Bidd r' B d (Cash, erti ie C ec Cashier's Check or Bon in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. Phone Nu er July 6, 1977 Date r `,. ACED i An�neCAOrur_ \ out BE Bidder's Name ., C ° {SEAL) S Tom LaBouef 't ii A kf ut orAe Signature\ Authorized Signature Individual Type of Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: 0 DESIGNATION OF SUBCONTRACTORS 0 Page 3 The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 1• Concrete Freleaux 2057 Radnor, long Reach 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. ACER LANDSCAPE Bidder's Name `l n S /Tom LaBouef {jam t7 ±� Authorized Signatures Individual Type of Organization (Individual, Co- partnership or Corp.) P. 0. Box 4746 Long Beach, California 90804 Address FOR RIGINAL SEE CITY CLERK'S FILE CJJ SBG 900 96271 011 59 Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL BOND NO. L05- 001617 KNOW ALL MEN BY THESE PRESENTS, That we, ACER LANDSCAPING , as Principal, and BALBOA INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the Amount of the Bid not to exceed Seven Thousand and No /100 Dollars ($ 7.000.00 ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of CONSTRUCTION OF PHASE ONE IMPROVEMENTS AT CLIFF DRIVE PARK, CONTRACT NO. 1677 in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. 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, we hereunto set our hands and seals this 6th day of July 1977 Corporate Seal (If Corporation) ACER LANDSCAPING \ Principal °— S /Tom La RnuPf (Attach acknowledgement of Attorney -in -Fact Owner Alma F. Horton, Notary Public BALBOA INSURANCE COMPANY Commission Expires May 11, 1981 Surety By S /Neal L. Witt Title Attorney -in -Fact 1 NON- COLLUSION AFFIDAVIT Page 5 The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agree- ment with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agree- ment with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no inducement or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this 6th day of July , 19 77 . My commission expires: February 10-1981 1 r, ACER LANDSCAPING \�T S /Tom LaBouef S /B. J. Wise Notary Public FOORIGINAL SEE CITY CLERK'S FILE eY Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 24 hours after the bid opening if he is the apparent low bidder. On file with City Clerk. n S /Tom LaBouef n Signed Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. 1977 -1976 J & R Sprinkler Larry Dervin 213 - 873 -1733 Small parks and schools 1975 -1977 L. A. Road Dept. Bob Hamelton 213 - 226 -8174 or Mr. Haywerd 1977 Bayside Builders Dennis 714 - 636 -5245 or Median Island John SBG #0900 96271 011 59 Page 10 PERFORMANCE BOND BOND NO. L05- 016845 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted July 25, 1977, has awarded to ACER LANDSCAPING hereinafter designated as the "Principal ", a contract for rnNsTRnr.TTON OF PHASE ONE IMPROVEMENTS AT CLIFF DRIVE PARK, CONTRACT NO. 1677 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, ACER LANDSCAPING as Principal, and BALBOA INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of SEVENTY THOUSAND, THREE HUNDRED TEN AND 74/100 - - - - - Dollars ($ 70,310.74 ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said 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 to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice i i Page 11 (Performance Bond - Continued) 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 Principal and Surety above named, on the 10th day of AUGUST , 1977. This bond is issued in 4 counterparts. ( Seal) (Seat) Name of Contractor (Principal-) k\\,, �' YlJ uthorized Signature and It e Authorized Signature and Title STATE OF CALIFORNIA ) J ss: County of Orange ) On this 10th day of Alma F. Horton BALBOA INSURANCE COMPANY (Seal) August 19 77 , before me a ,Notary Public in and for the said County of Orange State of California, residing therein, duly commissioned and sworn, Neal L. Witt personally appeared known to me to be the Attorney -in -Fact of the Balboa Insurance Company, the corporation that exeruted the within instrument, and acknowledged to me that he subscribed the name of the Balboa Insurance Company thereto-and his own name as Attorney -in -Fact. ' "'- "'- "' ^ "^ • Notary Public in and for the County of = Orange State of California Bt7f)J l0J9 ..' G -JF,TY 3 :. .... ":qa7 11, 1901 e 6 0 .' (213) 257 -8291 LW LOU JONES & ASSOCIATES 2900 WEST BROADWAY LOS ANGELES, CALIFORNIA 90001 -ter. SBG #0900 96271 011 59 Page 8 LABOR AND MATERIAL BOND BOND NO. L05- 016845 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted July 25, 1977, has awarded to ACER LANDSCAPING hereinafter designated as the "Principal ", a contract for in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance 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 . ACER LANDSCAPING as Principal, and BALBOA INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of THIRTY FIVE THOUSAND, ONE HUNDRED FIFTY FIVE AND 37/100 Dollars ($ 35,155.37 , said sum being one -half 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that.if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, 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, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the Provisions of Section 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon 0 (Labor and Material Bond - Continued) 0 Page 9 this bond, as required by the Provisions of Section 4205 of the Government Code of the State of California. And said 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 Principal and Surety above named, on the 10th day of AUGUST , 19 77 This bond is issued in 4 counterparts. Authorized Signature and Title BALBOA INSURANCE COMPANY (Seal) Name of Surety 2900 West Broadway, Los Angeles, California Address of Surety NSaltLriJiet, Attorne - y-in aczed gent 2900 West Broadway, Los Angeles;`CalifQrvAa Address of Agent (213) 257 -8291 Telephone No. of Agent ! ! (213) 257 -8291 LOU JONES LJ & ASSOCIATES 2900 WEST BROADWAY LOS ANGELES, CALIFORNIA 90041 § \ ( � } 2 \ ( o ° El ƒ \ / \ / \ \ d to CO 4 \ / oaa �)} �§$ J2[ f \) \/\ \\* Ifa §\\ (j) ; ®E % \E \ \� 7 \( 7\ ) � )( {� » ! [ /!�/ 'k[% / }/ _ .2 \/( ( «f(7f @ : =:J z \ •\ Page 12 C0NTRAG -..j -; THIS AGREEMENT, made and entered litto this Z� c� day of 19��, by and between the CITY OF NEWPORT BEACH,'%lifornia, hereinafter Jeesignated as the City, party of the first part, and ACER LANDSCAPING hereinafter designated as the Contractor, party -of the second part. WITNESSETH: That the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City,.the Contractor agrees with the City to furnish all materials and labor for the construction of and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the Plans and Specifications therefor; to furnish at his own proper cost and expense all tools, equipment, labor, and materials necessary therefor, (except such materials, if any, as in the said Specifications are stipulated to be furnished by the City), and to do everything required by this Agreement and the said Plans and Specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecu- tion of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said Specifications are expressly stipulated to be borne by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefor the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the Specifications, named in the bidding sheet of the Proposal, as the case may be. 3. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the Plans and Specifications, are hereby incorporated in and made part of this Agreement. Page 13 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workman needed to execute the contract and a,sdedule containing such information is included in the Notice Inviting Bids and ts,#rcorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the Director of Public Works, and their officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caus6d,resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH, CALIFORNIA By `\ Mayor ATTEST: f. �G City Clerk M Quiel \r:L- Contrac or L� am 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT and PARKS, BEACHES & RECREATION DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR CONSTRUCTION OF PHASE ONE IMPROVEMENTS AT CLIFF DRIVE PARK CONTRACT NO. 1677 Section P_ as e I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. TIME OF COMPLETION . . . . . . . . . . . . . . . . . . . . . . 1 III. SAFETY ORDERS . . . . . . . . . . . . . . . . . . . . . . . . . 2 IV. GUARANTEES . . . . . . . . . . . . . . . . . . . . . . . . . . 2 V. PERMITS AND FEES . . . . . . . . . . . . . . . . . . . . . . . 2 VI. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . . 2 VII. SITE ACCESS AND WORK AREA . . . . . . . . . . . . . . . . . . . 2 VIII. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 IX. FLOW AND ACCEPTANCE OF WATER . . . . . . . . . . . . . . . . . 2 X. INSPECTION . . . . . . . . . . . . . . . . . . . . . . . . . . 2 XI. COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . 3 XII. TOLERANCE . . . . . . . . . . . . . . . . . . . . . . . . . . 3 XIII. EXISTING UTILITIES . . . . . . . . . . . . . . . . . . . . . . 3 XIV. ROUGH GRADING . . . . . . . . . . . . . . . . . . . . . . . 3 XV. DEMOLITION & GRUBBING . . . . . . . . . . . . . . . . . . . . . 3 A. RETENTION OF EXISTING TREES . . . . . . . . . . . . . . . . 3 B. OTHER LANDSCAPE DAMAGE . . . . . . . . . . . . . . . . . . 4 C. CLEARING AND GRUBBING . . . . . . . . . . . . . . . . . . 4 XVI. CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. METHODS . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section XVII XVIII CONTRACT NO. 1677 INDEX (Cont'd.) Page IRRIGATION SYSTEM . . . . . . . . . . . . . . . . . . . . . . . 5 A. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . 5 B. APPROVALS . . . . . . . . . . . . . . . . . . . . . . . . . 5 C. VERIFICATION OF DIMENSIONS AND QUANTITIES . . . . . . . . . 5 D. INSPECTIONS . . . . . . . . . . . . . . . . . . . . . . . . 6 E. MATERIALS . . . . . . . . . . . . . . . . . . . . . 6 F. INSTALLATION SPECIFICATIONS . . . . . . . . . . . . . . : . 9 PLANTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 A. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . 17 B. APPROVALS . . . . . . . . . . . . . . . . . . . . . . . . . 17 C. QUANTITIES AND TYPES . . . . . . . . . . . . . . . . . . . 18 D. VERIFICATION OF DIMENSIONS AND QUANTITIES . . . . . . . . . 18 E. INSPECTION . . . . . . . . . . . . . . . . . . . . . . . . . 18 F. CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . 19 G. MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . 19 H. GROUND PREPARATION AND FINISH GRADING . . . . . . . . . . . 22 I. PLANTING . . . . . . . . . . . . . . . . . . . . . . . . . 23 J. MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . 26 K. GUARANTEE AND REPLACEMENT . . . . . . . . . . . . . . . . . 28 L. CLEAN UP . . . . . . . . . . . . . . . . . . . . . . . . . 28 II. 0 • SP 1 of 28 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT and PARKS, BEACHES & RECREATION DEPARTMENT SPECIAL PROVISIONS FOR CONSTRUCTION OF PHASE ONE IMPROVEMENTS AT CLIFF DRIVE PARK CONTRACT NO. 1677 I. SCOPE OF WORK The work to be done under this contract consists of furnishing all labor, mater- ials, tools, equipment, and transportation necessary to complete the construction of Phase One of Cliff Drive Park. The major portion of the Phase One Improvements of Cliff Drive Park will be con- structed on Lot E, Tract 919, as per map recorded in Book 29, Page 33 of Miscel- laneous Maps, Records of Orange County, California, and in the southerly parkway of Cliff Drive adjacent to said Lot E, and in the northerly parkway of Avon Street adjacent to said Lot E. In addition, a sprinkler controller will be loca- ted in the parkway of Cliff Drive adjacent to Lot C, Tract 919, near an existing power source; and there will be a water line and low voltage electrical conduit constructed in the parkway of Cliff Drive adjacent to private property at Lot D, Tract 919. Major items of work to be done under this contract consist of cleaning and grub- bing, grading, construction of concrete entrances, soil cement pathways, railroad tie stairways, steps and handrails, telephone pole planter walls, automatic irri- gation system and landscaping. The contract requires completion of all work in accordance with these Special Provisions, the City's Standard Special Provisions, the Plans (Drawing No. P- 5077 -S), and the City's Standard Drawings and Specifications. The City's Standard Specifi- cations are the Standard Specifications for Public Works Construction, 1976 Edition with supplements to date. Copies may be purchased from Building News Incorporated, 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 870 -9871. Copies of the City's Standard Plans and Special Provisions may be purchased from the Public Works Department at a cost of $5; telephone (714) 640 -2281. II. TIME OF COMPLETION After execution of the contract by the City, the City shall within ten days issue a "Notice to Proceed" to the contractor. The contractor shall begin work within ten calendar days after the date of the "Notice to Proceed." All work shall be completed ninety (90) days after the date of the "Notice to Proceed." The time of completion shall include final cleanup of the premises and up to the time when the maintenance establishment period begins. The main- tenance establishment period will start at the time of completion and run for a minimum of sixty (60) calendar days. SP2of 28 • • III. SAFETY ORDERS The contractor shall have, at the worksite, copies or suitable extracts of Construction Safety Orders and General Industrial Safety. IV. GUARANTEES Besides guarantees required elsewhere, the contractor shall and hereby does guarantee all work for a period of one (1) year after the date of acceptance of the work by the City and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and /or materials within the one (1) year period from date of acceptance, without any expense whatsoever to the City, ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the above - mentioned conditions within a week after being notified in writing, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of the contractor, who hereby agrees to pay the cost and charges therefor immediately on demand. PERMITS AND FEES All permit fees normally charged by the City shall be waived, except that every contractor and subcontractor employed on the project shall have in effect a valid current City business license. VI. CONSTRUCTION SURVEY STAKING Field surveys for control of all grading and construction shall be the responsi- bility of the contractor. All such surveys, including construction staking, shall be under the supervision of a California licensed surveyor or civil engin- eer. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally accepted by the agencies and trades involved. VII. SITE ACCESS AND WORK AREA Special attention is directed to Section 7 -8 and 7 -9 of the Standard Specifi- cations regarding site maintenance and protection of existing improvements. VIII. WATER The contractor may use without charge City water that is available at the park site. IX. FLOW AND ACCEPTANCE OF WATER It is anticipated that surface and ground or other waters will be encountered at various times and locations during the work herein contemplated. The con - tra--tor, by submitting a bid, acknowledges that he has investigated the risks arising from water and has prepared his bid accordingly. The contractor shall conduct his operations in such a manner that storm or other waters may proceed uninterrupted along their existing street and drainage courses. Diversion of water for short reaches to protect construction in progress will be permitted if public or private properties are not damaged or, in the opinion of the engineer, are not subjected to the probability of damage. INSPECTION The City shall maintain continuous inspection of all work. All work shall be done to the satisfaction of the City's Landscape Architect. SP 3 of 28 XI. COMPENSATION The prices paid for the items of work shall include full compensation for all labor, materials, tools, equipment and incidentals necessary to complete the work. Compensation for the work shown on the plans and described in the spec- ifications, but not separately provided for in the bid proposal, shall be included in the prices bid for the lump sum items listed in the bid proposal. XII. TOLERANCE All stairways, steps, landscaped areas and the balance of the site, including pathway areas shall be rough graded to a tolerance of ± 0.1 foot as indicated on the plans. All areas shall be left neat, smooth and uniform in appearance. XIII. EXISTING UTILITIES The contractor shall investigate and protect all existing utilities. Known utilities are indicated on the drawings. Prior to performing construction work, the contractor shall be responsible for requesting each utility company to locate its facilities. The contractor shall protect in place and be res- ponsible for, at his own expense, any damage to any utilities encountered during construction of the items shown on the drawings. XIV. ROUGH GRADI The contractor shall grade the site to the lines and grades shown on the plans. Debris, trees, vegetation, other deleterious materials, and non - organic debris or concrete, etc., encountered during the grading operation shall be removed from the site and disposed of in a legal manner. The lump sum price for site rough grading shall include but not be limited to the required unclassified excavation and fill necessary to bring the paved areas to sub -grade elevation and the turf and ground cover areas to a uniform grade below finished grade, utilizing the material available on the site. Except for the work included in clearing and grubbing; this item shall also include all costs involved with the removal and disposal of debris, trees, vegetation, other deleterious materials and non - organic debris or concrete encountered in the grading operation. XV. DEMOLITION & GRUBBING A. RETENTION OF EXISTING TREES The retention and protection of trees not indicated on plan for removal is of the utmost importance. Tree damage is any damage to trees such as scarring, breaking, tearing or bruising of trunk, branches or limbs. Injury or damage. If any tree is injured or destroyed during the course of /or as a result of construction operation, the contractor shall repair the damages or replace the tree on a replacement basis of an equal size or payment to the City for an equal container size and labor to plant. All replacement and payment shall be made by the contractor at no addi- tional prices to the City. The City shall be the final judge of the need and extent of replacement or payment. 2. Tree Surgery. Any tree damaged irrespective of its location shall be repaired by a qualified tree surgeon. The tree surgeon shall be ade- SP 4 of 28 • quately qualified and subject to approval by the City. All compen- sation for such surgical work shall be borne by the contractor with no additional price or costs to the City. Surgical work shall in- clude but not be limited to the following: - tracing and shaping wounds - removing damaged limbs - "cleaning" broken limbs - sealing of all cuts and wounds B. OTHER LANDSCAPE DAMAGE Unless indicated otherwise on the drawings, the retention and protection of all existing shrub material is of the utmost importance. Any such shrub material damaged or destroyed shall be replaced with shrub material of an equal size, or payment shall be made to the City for a container of shrub material of equal size at the price bid in the Proposal. The City shall be the final judge of the need and extent of replacement. C. CLEARING AND GRUBBING The entire project area shall be cleared and grubbed in conformance with Section 300 -1 of the Standard Specifications except as modified in these Special Provisions or on the drawings. All cleared material shall be removed from the site and disposed of in a legal manner. No burning will be permitted. XVI. CONSTRUCTION A. MATERIALS Portland Cement Concrete The following class of P.C.C. shall be used for the various items of work: Class 560 -C -3250 Sidewalk and stairway foundations. 2. Expansion Joint Filler and Joint Sealant shall conform to Section 201 -3 of the Standard Specifications. 3. Retaining Walls shall conform to Sections 204 -1, 204 -2, 205 -1 of the Standard Specifications. a. All wood members shall be treated with TANALITH or equal. b. All wood members shall receive 2 coats of Olympic No. 710 semi - transparent stain, or equal. 4. Metal Railings for stairways and existing bridge shall conform to Sections 206 -5.1.1 and 206.7 of the Standard Specifications. B. METHODS Soil Cement shall conform to Sections 301 -3.1, 301 -3.2, 301 - 3.2.1, 301 -3.3, 301 -3.4 and 301 -3.6 of the Standard Specifications. 2. Metal Railings for stairways and existing bridge shall conform to 0 Sections 304 -2. of the Standard Specifications. • SP S of 28 3. Retaining Walls shall conform to Section 305 -2 of the Standard Specifications. XVII. IRRIGATION SY A. GENERAL 1. WORK INCLUDED IN THIS SECTION a. Verification of site conditions b. Physical layout c. Trenching d. Assembly of system e. Piping under driveways f. Connection to water supply g. Backfilling h. Adjustment of system i. Testing j. Clean up k. Inspection 1. Record drawings m. Guarantees 2. WORK NOT INCLUDED IN THIS SECTION: Items listed by others, N.I.C., or under separate contract. B. APPROVALS 1. All hardscape work shall be inspected and approved before start of any work of this section. 2. Coordinate installation of all sprinkler materials, including pipe, so there shall be NO interference existing with or difficulty in plant- ing shrubs, trees, ground covers, or utilities and other construction. 3. Carefully note all established grades before commencing work. Restore any established grade changed during course of this work to original contours. C. VERIFICATION OF DIMENSIONS AND QUANTITIES 1. All scaled dimensions are approximate. Before proceeding with any work, the contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the City of any discrep- ancy between drawings and /or the specifications and actual conditions. No work shall be done in any area where there is such a discrepancy until approval for same has been given by the City. 2. Because of the scale of the drawings, it is not possible to indicate all offsets, fittings, sleeves, etc., which may be required. The contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc., as may be required to meet such condi- tions. Drawings are generally diagrammatic and indicative of the work to be installed. SP 6 of 28 • • 3. The contractor shall carefully check all grades to satisfy himself that he may safely proceed before starting work on the sprinkler system. D. INSPECTIONS 1. Normal progress inspections shall be requested from the City at least 48 hours in advance of an anticipated inspection. An inspection will be made by the City on each of the steps listed below. The contractor will not be permitted to initiate the succeeding steps of work until he has received written approval to proceed by the inspector. a. Immediately prior to the commencement of the work of the section. b. After trenching and before backfill. c. Completion of line testing, test to be made prior to backfill. d. After placement of all heads and valves for coverage. e. Final inspection and receipt of "As- Builts ". f. Final acceptance of project. 2. The cont ractor shall not cover up or otherwise remove from view any work under this contract without prior approval. Any work covered prior to inspection shall be opened to view by the contractor at his expense. E. MATERIALS 1. All material shall be of new stock and best grade of its kind. It shall be as specified unless otherwise specifically approved in writing by the City. Materials not named shall be subject to approval or rejection by the City. In all cases, workmanship and material shall conform to the City plumbing code. 2. Plastic Pi a. Plastic pipe shall be 100% virgin polyvinyl chloride Type I conforming to commercial standards of National Sanitation Foundation. b. All plastic pipe shall be continuously and permanently marked with the following information: Manufacturer's name, kind of pipe, material size, IPS, NSF approval and schedule and type. c. Plastic pipe shall be as manufactured by Lasco, Celanese, GSR, or Johns Manville. d. Main Line. All piping under constant pressure, between meter and /or supply system, and control valves as per local code or: shall be PVC 1220, SDR 315 P.S.I. unless otherwise shown on the drawings, details or legend. • • SP 7 of 28 e. Lateral Lines. All piping under intermittent pressure, down stream of control valves shall be PVC 1220, SDR 21 or 200 P.S.I. unless otherwise shown on the drawings, details or legend. 3. Fittings, Nipples and Risers a. All plastic fittings shall be rigid polyvinyl chloride, standard weight, schedule 40 Type I -II. Schedule 80 may be substituted at the Contractor's discretion. b. All risers and nipples shall be Type "K" copper pipe, or schedule 80 PVC as shown on the draw- ings, details or legend. q Gate Valves a. All gate valves three (3) inches and smaller shall conform to the following requirements: All bronze construction, single wedge disc, integral taper seats, non - rising stem and screwed bonnets. Valves shall be capable of being repacked while under pressure. b. Working pressure rated: 125 P.S.T. steam 200 P.S.I. W.O.G. c. The gate valve hand wheel shall be removed from the stem of all valves installed underground. The wheel shall be replaced with an operating nut. Each gate valve shall be installed with a union. d. Gate valves installed underground shall have an operating key across housing, consisting of a valve box and a lockable hinged top. (See Standard Detail Drawings.) e. One operating key shall be furnished for each five (5) (or less) gate valves installed underground. 5. Quick Coupling Valves a. Unless otherwise indicated on the plans, all quick coupling valves shall be one -inch (1 ") in size, self- closing, tyro -piece body, with vandal proof (lockable) top. Valves shall be constructed of bronze, brass and /or stainless steel. Each quick coupling valve shall have at least four steps or open positions. Riser opening thread shall be one -inch (1 ") female IPS. CITY OF NEWPORT BEACH CLIFF DRIVE PARK SP8of28 • • b. Quick coupling valves having water lines smaller than one -inch pipe supplying the valve shall be bushed with a brass reducer bushing at the base of the valve. c. Whenever a single quick coupling valve is installed along an asbestos cement pipe or cast iron pipe main, a gate valve of the size of the connection shall be installed. d. All quick coupling valves installed adjacent to existing walks, curbs, or other paved areas, shall be set to the grade of the improvement. Quick coupling valves which are to be installed in areas where the turf has not yet been established shall be set four (4) inches above the proposed finished garde. Valves installed in this manner will be lowered to grade at the 15th day of the establishment period. e. The Contractor shall furnish the City one quick coupler key, one hose bibb and one hose swivel for every four (or less) quick coupling valves installed. The cost of this unit shall be included in the unit price for quick coupling valves. f. All quick coupling valve keys shall be of bronze construction with a single stainless steel lug which is of a replaceable type. The handle shall be of galvanized pipe. Top threads shall be one -inch male and 3/4 inch female IPS. g. All hose swivels shall be of all brass construction with one - inch female riser thread (IPS) and 3/4 inch male hose thread of the 90 degree swivel ell. The swivel ell shall be free turning for full 360 degree swing. There shall be positive water seal between the swivel spindle and the housing. 6. Backflow Prevention General. Unless otherwise specified, the installation of backflow protection shall include all necessary excavation and backfilling, the furnishing, installing and testing of the backflow units, the furnishing and installing of concrete vaults, pea gravel, supporting bricks, concrete anchors, the removal and /or restoration of existing improvements, and all other work in accordance with the plans and specifications. CITY OF NEWPORT BEACH CLIFF DRIVE PARK a. Classification 0 SP 9 of 28 All backflow protection units when called for on the plans shall be classified as follows: a. lype II, Backflow Protection: A pressure vacuum breaker in an assembly with two shutoff valves, one check value and a vacuum relief. Installed above ground on water mains two (2) inches and smaller. (See Standard Detail Drawings) b. Type III, Backflow Protection: A single atmospheric vacuum breaker for use on non - pressure lines. Installed above ground on water pipes two (2) inches and smaller. (See Standard Detail Drawings) 2. All vacuum breaker units and check valves two (2) inches and smaller, shall be of bronze, brass and /or stainless steel con- struction except for composition (Neoprene) seats and seals. All test cocks and pipe nipples used in the backflow assemblies shall be brass. 3. All backflow assemblies, two (2) inches in diameter and smaller shall have a galvanized union connection as part of its assembly. The union may be an integral part of the valve or attached to the down stream outlet with a close brass nipple. b. Street Elbow, Bushings, Close Nipples, Long Screws, Bullhead Tees Crosses. Will not be allowed and shall not be installed except as otherwise specified or detailed herein. c. Control Wire 1. Connections between the controller and remote control valves shall be made with direct burial wire AWG -UF Type. 2. All splices shall be made using "Scotch Lok Unipack" waterproof sealing packets, Pen -Tite Connectors, or equal. An expansion of 12 inches shall be provided at each wire connection and /or direc- tional turn. d. Valve Boxes. As noted on detail. F. INSTALLATION SPECIFICATIONS 1. Trench Excavation and Backfill. Trench excavation and backfill shall Fe in accordance with Section 308 -3.2.2 of the Standard Specifications except as herein modified. CITY OF NEWPORT BEACH CLIFF DRIVE PARK SP 10 of 28 • • 2. Galvanized Pipe a. Galvanized pipe shall be handled and stored in a manner to pre- vent damage. b. The interior of the pipe shall be kept clean at all times and open ends shall be blocked in such a manner as to prevent dirt and foreign matter from entering when work is not in progress. 3. Plastic Pipe and Fittings a. Sprinkler head installation on plastic pipe shall be as detailed on drawings. b. Due to the nature of plastic pipe and fittings, the Contractor shall exercise care in handling, loading, unloading and storing to avoid damage. The pipe and fittings shall be stored under cover, and shall be transported in vehicle with a bed long enough to allow the length of pipe to lie flat, so as not to be subject to undue bending or concentrated external load at any point. Any pipe that has been dented or damaged shall be discarded until such damage has been cut and pipe is rejoined with coupling. c. The bottom of the trench in which plastic pipe is installed shall be free from rocks or other sharp -edged objects. d. Welded joints shall be given at least 15 minutes set -up curing time before moving or handling. Pipe shall be partially center loaded to prevent arching and slipping under pressure. No water shall be permitted in pipe until a period of at least 12 hours has elapsed for solvent weld setting and curing. e. Backfilling shall be done when pipe is not in an expanded or contracted condition due to heat. Cooling of the pipe can be accomplished by operating the system for a short time before backfill, or by backfilling in the early part of the morning before the heat of the day. f. Long runs of PVC pipe shall be snaked in the trench to allow for contraction. g. All pipe shall be laid true and accurate to grade with full length of each pipe section lying solidly on a firm base. If grade or joint of pipe is disturbed after laying, it shall be taken up and re -laid. CITY OF NEWPORT BEACH CLIFF DRIVE PARK • SP 11 of 28 h. Clean interior of pipe thoroughly and remove all dirt or foreign matter, before lowering pipe into trench and keep clean during operations by plugs or other approved methods. The ends of all threaded pipe shall be reamed out full size with a long taper reamer so as to be partially bell - mouthed and perfectly smooth. All offsets shall be made with fittings. 4_ Flushing. All water lines shall be thoroughly flushed out before heads are installed. 5. Sorinkler Heads a. Heads shall be installed in a plumb position at intervals not to exceed the maximum spacings indicated on the drawings. b. Heads in turf areas shall be installed z" above grade. c. Pop -up heads adjacent to curbs or walks shall be installed z" min., 1" max. away from the edge of the curb or walk, and shall be set 3/8" below the edge of the curb or walk. d. Adjustable sprinklers shall be adjusted by fully opening the sprinkler furthest from the control valve. The manual adjustment of the control valve shall be opened slightly to obtain a 12" high spray at the sprinkler mentioned above. After this condition has been met, all other sprinklers in the section shall be adjusted for equal height sprays, regulating the control valve as required to maintain this condition. With a pressure gauge on the sprinkler first opened, the control valve shall be adjusted to obtain the catalog rated pressure for the sprinkler installed. Individual heads shall then be rotated as required to keep sprays within the areas of lawn or shrubbery. CITY OF NEWPORT BEACH CLIFF DRIVE PARK SP 12 of 28 6. Backfill of Trenches a. Trenches shall be backfilled with excavated dirt after piping installed has been protected from clods, rocks, or large lumps. Backfill shall be placed in layers; the thickness of the layers shall depend on the nature of the material and the method of compaction used. b. Compaction shall be such that there will be no settling within the one -year guarantee period. The Contractor shall not place detrimental subsoil in the top 6" of backfill. c. Water compaction will be permitted unless determined by the Inspector to be unsuitable for a particular situation. No flooding of the site will be allowed. 7. Tests a. All pressure lines shall be tested prior to backfill operations. Center load plastic pipe with small amount of backfill to prevent arching and whipping under pressure. b. As soon as lines are connected, flushed out, and valves are attached, cap all outlets and hydrostatically test at 150 P.S.I. for continuous 4 -hour period, at the end of which period the lines and joints shall be inspected by the Inspector. If leaks develop, the joint or joints shall be replaced, and the tests repeated until all leaks are repaired. c. When the sprinkler system is completed, the Contractor, in the presence of the City's authorized representative shall perform a test coverage of the Crater afforded the lawn and planting areas, complete and adequate. The Contractor shall furnish all materials and perform all work required to correct any inadequa- cies of coverage arising from his work. d. Contractor shall inform the City of any deviation from the plan required due to wind, planting, soil or site conditions that bear on proper coverage. 8 Vacuum Breaker.. Vacuum breakers shall be as indicated in the legend on the drawings or approved equal and installed as per detail. g Automatic Valves and Controller. Automatic valves and controller shall be as shown in the legend and installed as per detail. CITY OF NEWPORT BEACH CLIFF DRIVE PARK • SI' 13 of 28 lo. Control 4liring a. Connections between the controller and remote control valves shall be made with direct burial wire AWG -UF type, installed in accordance with valve manufacturer's wire chart and specifications. b. Wiring shall occupy the same trench and shall be installed along the same route as the pressure supply lines wherever possible. c. All electrical work shall be done in accordance with the governing codes, agencies, and union authorities. d. Where more than one wire is placed in a trench, the wiring shall be taped together at intervals of 12 feet. e. All splices shall be using "Scotch Lok Unipack" waterproof sealing packets, Pen -Tito Connectors or equal. An expansion loop of 12 inches shall be provided at each wire connection and /or directional turn. f. Sizing of wire shall be according to manufacturer recommendations, in no case less than #14 in size. g. Between controller and remote control valve, Contractor shall use a continuous wire. Under no condition should splices exist. h. All ground wires should be white in color. CITY OF NE14PORT BEACH CLIFF DRIVE PARK SP 14 of 28 11. Detail Drawings. All assemblies specified in accordance with the respective detail. drawings or specifications pertaining to tl to complete the work, the Contractor shall accordance with the best standard practice the City. 12. CLEAN -UP 0 herein shall be installed In the absence of detail ie specific items required perform such work in and to the satisfaction of a. Leave the entire installation in complete operating order, free from any and all defects in material, workmanship or finish, regardless of any discrepancies and /or omissions in plans or specifications. b. Remove from the site all debris and rubbish resulting from the work, and leave the installation in clean condition. 13. DRAWINGS OF RECORD a. The Contractor shall provide and keep up to date a complete "As- Built" record set of blueline ozalid prints which shall be corrected daily and show every change from the original drawings and specifications and the exact "As- Built" locations, sizes and kinds of equipment. Prints for this purpose may be obtained from the City at cost. This set of drawings shall be kept on the site and shall be used only as a record set. b. The drawings shall also serve as work progress sheets, and the Contractor shall make neat and legible annotations thereon daily as the work proceeds, showing the work as actually installed. These drawings shall be available at all times for inspection and shall be kept in a location designated by the City. (1) In order to complete the record drawings in a neat, legible manner, the Contractor shall employ a competent draftsman, satisfactory to the City's authorized representative, to indicate the necessary changes on ozalid tracings procured from the City and deliver same to the City at final inspection and before final payment. (2) The Contractor shall dimension from two (2) permanent points of reference, building corners, sidewalks, or road intersections, etc., the location of the following items: CITY OF NEWPORT BEACH CLIFF DRIVE PARK 0 (a) Cate valves • SP 15 of 28 (b) The routing of the sprinkler main lines (c) Connections to the existing water lines (d) Sprinkler control valves (e) Quick coupler valves (f) Any other pertinent underground item, if so deemed by the City 14. CONTROLLER CHARTS a. As -built drawings shall be approved by the City before charts are prepared. b. Provide one controller chart for each controller supplied. c. The chart shall show the area contolled by automatic controller and shall be the maximum size controller door will allow. d. The chart is to be a reduced drawing of the actual as -built system. However, in the event the controller sequence is not legible when the drawing is reduced it shall be enlarged to a size that will be readable when reduced. e. Chart shall be blackline print and shall be colored with a different color for each station. f. The chart shall be mounted using Velcro, or an approved equal type of tape. n g. When competed and approved, tile chart shall be hermetically sealed between two pieces of plastic, each piece being a minimum 20 mils. thick. h. These charts shall be completed and approved prior to final inspection of the irrigation system. CITY OF NEWPORT BEACH CLIFF DRIVE PARK SP 16 of 28 15. GUARANTEE The entire sprinkler system shall be unconditionally guaranteed by the Contractor as to material and workmanship, including settling of backfilled areas below grade for a period of one (1) year following the date of final acceptance of the work. a. If, within one year from the date of completion, settlement occurs and adjustments in pipes, valves and sprinkler heads, sod or paving is necessary to bring the system, sod or paving to the proper level of the permanent grades, the Contractor, as part of the work under his Contract, shall make all adjustments without extra cost to the City, including the complete restoration of all damaged planting, paving, or other improvements of any kind. b. Should any operational difficulties in connection with the sprinkler system develop within the specified guarantee period which in the opinion of the City may be due to inferior material and /or workmanship, said difficulties shall be immediately corrected by the Contractor to the satisfaction of the City at no additional cost to City, including any and all other damage caused by such defects. c. Upon receiving a call for service on the system, the Contractor shall respond within a period of three days or shall accept back charges for the work if City elects to have others perform the necessary repairs if Contractor has not responded three days after notification. In doing such repair work, Contractor shall be responsible for all existing work or landscaping damaged by such malfunction or its repairs. All guarantees shall be in writing. CITY OF NEWPORT BEACH CLIFF DRIVE PARK • SP 17 of 28 d. If requested by the City, contractor shall provide certification from the manufacturer that all PVC pipe and fittings are guaran- teed to 100% of pressure rating. e. Any and all damage to storm drains, water supply lines, gas lines and /or other utility lines within project limits shall be repaired and made good by the contractor at no extra cost to the City. It is the responsibility of the contractor to be aware of the loca- tion of all utilities or other permanent or non - permanent install- ations and to protect these installations from any damage what- soever. 16. EQUIPMENT TO BE FURNISHED The contractor shall provide as part of this contract two sets of quick coupler valve keys, hose swivel ells and two sets of sprinkler wrenches for adjusting, cleaning or disassembling each type of sprinkler. Two each of any special tools required for any other equipment shall also be furnished. XVIII. PLANTING A. GENERAL The work of this section includes all labor, materials and equipment required to complete the following work: 1. SCHEDULE OF WORK INCLUDED IN THIS SECTION a. Finish grading b. Soil preparation c. Fertilization d. All planting, including ground cover and seeded lawn e. Staking f. Maintenance g. Inspection and certifications h. Guarantees i. Clean -up B. APPROVALS 1. All sprinkler work shall be inspected and approved before start of any work of this section. 2. Prior to excavation for planting or placing of stakes, locate all electric cables, conduits, sprinkler valve control wires, and utility lines so that proper precautions may be taken not to damage such improvements. In the event of a conflict be- tween such lines and plant locations, promptly notify the City who shall arrange for relocation for one or the other. Failure to follow this procedure places upon the contractor the responsibility for, at his own expense, making any and all repairs for damages resulting from work hereunder. CITY OF NEWPORT BEACH CLIFF DRIVE PARK 0 SP 18 of 28 C. QUANTITIES AND TYPES L� Plant materials shall be furnished in the quantities and /or spacing as shown or noted for each location, and shall be of the species, kinds, sizes, etc., as indicated on the drawings. The Landscape Contractor is to verify all sizes and quantities. D. VERIFICATION OF DIMENSIONS AND QUANTITIES All scaled dimensions are approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the City of any discrepancy between the drawings and /or the specifications and actual conditions. No work shall be done in any area where there is such a discrepancy, until approval for same has been given by the City. E. INSPECTION 1. Normal progress inspection shall be requested from the City at least 48 hours in advance of an anticipated inspec- tion. An inspection will be made by the City each of the steps listed below. The Contractor will not be permitted to initate the succeeding steps of work until he has received written approval to proceed by the Inspector. a. Immediately prior to the commencement of the work on this section. b. Establishment of the lawn and ground cover limit lines. c. Spotting of all trees, shrubs and minor adjustments before planting. d. Preparation of areas to receive lawn. e. Final inspection, start of establishment period. f. Final acceptance of project. CITY OF NEWPORT BEACH CLIFF DRIVE PARK SP 19 of 28 F. CERTIFICATION Prior to final inspection, written certifications shall be submitted to the Landscape Architect for the following: a. Quantity of commercial fertilizer and organic fertilizer. b. Quantity of turf seed. c. Quantity of all soil amendments called for by plans or specifica- tions. G. MATERIALS 1. Samples of materials shall be submitted for inspection and shall be stored on the site until Furnishing of materials is completed. Delivery may begin upon approval of samples or as directed. Material samples shall include fertilizers and soil conditioners, seed and plants, and any other materials required by the City. 2. Special Fertilizers and Amendments. Not specified but required for proper work will be classed as extra work" in accordance with Section 3 -3 of the Standard Specifications. 3. Fertilizers and Chemical Concent a. Nitrogen stabilized redwood or fir bark with the following properties: (1) Salinity: Shall be no higher than 3.5 millions per centimeter at 25 C. as measured by satura- tion extract conductivity. (2) Nitrogen Content: .05% for Redwood Sawdust; 1.0% for fir bark. All values based on dry weight. b. Soil Sulfur. c. Gro -Power d. Agricultural Gypsum e. Single Superphosphate 0 -18 -0 f. Ferric Sulfate g. Ammonium Sulfate CITY OF NEWPORT BEACH CLIFF DRIVE PARK SP 20 of 28 h Fertilizer planting tablets shall be tightly compressed commer- cial grade planting tablets having a 20 -10 -5 formula, weighing 21 grains each, as "Blue Chip" planter tablets or equal. The planting tablets shall be delivered to the site in the original, unopened containers, bearing the manufacturer's guaranteed analysis. Any damaged tablets will not be accepted. i. Wetting agent is 95% Alkyl Polyethylene Glycol Ether as: "Commercial Water In" or equal. 4. Tree Staking Materials a. Stakes. All trees shall be.firmly staked immediately after planting with two (2) 12' x 2z" LODGE POLE PINE stake, pointed on one end and dip- treated in a copper naphthanate solution, all as shown in the typical detail on the plans. When installed, the tree stakes shall not exceed the head of the trees. b. Ties. Brace shall be by Vit Co., Model 24 LP. 5. Lawn Seed Mixture. Shall be as designated on planting plans. 6. Plant Materials a. Quality and size of all plants shall be No. 1 grade, as approved They shall be fresh, vigorous, of normal growth, free of diseases, insects, insect eggs and larvae. b. Plant materials shall conform to size, variety and species shown on the plant list and be located as shown on the drawings. Pro- tect roots of all items. Plants marked 1 -gal., 5 -gal, and 15 -gal are to be delivered in containers no less in content than a one, five or fifteen gallon can. Root -bound material or material pruned back in the cans will be rejected. c. Caliper shall be the diameter of truck one foot above surface of ground and shall be the determining measurement for trees, when specified. d. Oversized plants may be used if not root - bound, but use of such plants shall not increase the contract price. Up to 101 of under- sized plants in any one variety or grade may be used, provided that there are sufficient plants above grade to make the average equal to or above specified grade, and provided that undersize plants are larger than average size of next smaller size grade. CITY OF NEWPORT BEACH CLIFF DRIVE PARK • • SP 21 of 28 e. Pruning shall not be done prior to delivery, except with special approval. f. Rooted cuttings of ground cover shall be insect and disease free, healthy, vigorous and strong; growing from flats; spacing and variety shall be as shown on the landscape plans. g. Ground cover materials shall be provided in quantity adequate to fill the areas shown at the spacing shown. 7. Inspection a. Inspection of plant materials required by City, County, State or Federal authorities shall be a responsibility of the Contractor and he shall have secured permits or certificates prior to delivery of plants to the site. Copies of permits and certificates shall be made available to the Landscape Architect. b. Plants shall be subject to inspection and approval or rejection by the Landscape Architect at place of growth and on the project site at any time before or during progress of work, for size, variety, condition, latent defects and injuries. Rejected plants shall be removed from the site immediately. c. Substitutions for the indicated plant materials will be permitted, provideU substituted materials are approved in advance by the Landscape ARchitect and the substitutions are made at no additional cost to the City. Except for the variations so authorized, all substituted plant materials shall conform to the requirements of those indicated or specified. CITY OF NEWPORT BEACH CLIFF DRIVE PARK SP 22 of 28 GROUND PREPARATION AND FINISH GRADING Existing Conditions or Features: Contractor shall check or locate existing structures, electric cables or conduits, utility lines and other existing features or conditions above or below ground level that might be damaged as a result of his operation. Questions or conflicts arising out of such examination prior to or during operation shall be immediately directed to the attention of the Landscape Arch- itect for necessary action or decision before resuming operation. Contractor shall be reponsible for repair or replacement at no cost to the City, of feature or conditions damaged through failure to comply with the above procedure. 2. Grading Operations: The Contractor shall complete all grading operations prior to the installation of any plant material. a. Finish Grading: When preliminary grading, including weeding and fertilizing has bean completed and all objectionable material re- moved, including rocks 2" and larger and the soil has dried suf- ficiently to be readily worked, all lawn and planting areas shall be graded to the elevations indicated on the drawings. Grades not otherwise indicated shall be uniform levels or slopes between points where elevations are given. Minor adjustments of finish grades shall be made at the direction of the Landscape Architect, if required,- Finish grade shall be smooth even, and uniform plane with non - abrupt change of surface. Low spots and pockets shall be done when soil is at optimum moisture content for working. Planting area finished grade shall be 1" below finish grade of adjacent paved surfaces unless otherwise noted on drawings. Clean -Up: During all grading phases, roots, rocks and foreign material which would hinder growth of lawn or plant materials shall be removed and disposed of. Moisture: No grading shall be done when the moisture content of the soil is so great that excessive compaction will occurr, nor when it is so dry that a dust will form in the air or that clods will not break readily. Weeding: Before and during preliminary and finish grading, all weeds and grasses shall be dug out by roots and disposed of off the site. CITY OF NEWPORT BEACH CLIFF DRIVE PARK • • SP 23 of 28 3• Soil Conditioning and Fertilizing Cultivate planting area to a depth of 6 ". Wet soil thoroughly and allow to settle. Repeat this compaction procedure until soil is stable enough to hold a smooth, uniform surface but loose enough to permit aeration and drainage for plant material. Before planting shrub and ground cover areas, incorporate the following: a. Soil Preparation - amounts for each 1,000 square feet. 4 cubic yards - Nitrogen stabilized and mineralized organic_ amendment (sawdust or fir bark) 10 lbs. - Soil Sulfur 10 lbs. - Ammonium Sulfate 20 lbs. - 0 -18 -0 Single Superphosphate b. Backfill Mix Where trees and shrubs are to be planted, the hole should be dug two times the width and depth of the container. The following backfill shall be used around the ball of each plant. 6 - parts by volume of on -site screened soil 4 - parts by volume of organic amendment as per soil preparation specifications 2 - lbs. Iron Sulfate per each cubic yard of mix Commercial fertilizer in the form of 20 -10 -5 Agriform 20 -gram tablets shall be added to the plant pits at the following rates: Each 15 gallon plant 4 tablets Each 5 gallon plant 3 tablets Each 1 gallon plant 1 tablet Specimen plants (larger 1 tablet per 1/2" than 15 gallon size) caliper tree trunk I. PLANTING Protect the roots or ball of all plants at all times from sun and drying winds. Plant all material as soon as site is available and weather conditions are suitable, as approved and directed. Do not plant when weather conditions are unfavorable to good work. 1. Hydro- seeded Turf: Provide in areas indicated on the drawings. a. Grade previously prepared areas to 1" below top of adjacent walks, curbs etc., filling in as needed or removing surplus dirt and floating areas to a smooth uniform grade. All seeded areas shall slope to drain. CITY OF NEWPORT BEACH CLIFF DRIVE PARK SP 24 of 28 • • b. Loosen soil to a depth of six (6) inches in seeded areas by approved method of scarification and grade to remove ridges and depressions. Remove stones or foreign matter over one (1) inch in diameter from the top two (2) inches of soil. Float areas to approximate finish grades. C. Irrigate seeded areas prior to application of seed. Soil shall be damp for a depth of one inch minimum. d. Seed shall be applied at the rate of ten (10) pounds per 1,000 square feet of area. All seed used should be clearly tagged or labeled showing type of seed, test date and name of supplier. e. Materials: 1. Stabilizer Material - M- Binder as manufactured by Ecology Controls. This stabilizer shall be added slowly to prevent lumping and agitated for a minimum of 10 minutes to increase viscosity. The lubricating components of the stabilizer shall insure maximum penetration into the soil during application. Application Rate: 60 lbs. per acre 2. Mulch - Fiber shall be produced from cellulose, such as wood pulp or similar organic material, and shall be of such char- acter that it will disperse into a uniform slurry when mixed with water. The fiber shall be of such character that, when used in the applied mixture, an absorptive or porous mat, but not a membrane, will result on the surface of the ground. Materials which inhibit germination or growth shall not be present in the mixture. Application Rate: 1,200 lbs. per acre 3. Fertilizer - Gro -Power as distributed by the Southern Calif- ornia Organic Fertilizer Company. P.O. Box 769, Glendale, CA 91209. Phone: (213) 245 -6849. Application Rate: 900 lbs. per acre 4. Lawn Seed Purity Germination 40' Man attan Perennial Rye 90 -95% 85% 25% Baron Kentucky Bluegrass 90 -95% 85% 25% Fylking Kentucky Bluegrass 90 -95% 85% 10% Pennlawn Creeping Red Fescue 90 -95% 85% Application Rate: 10 lbs per 1,000 square feet f. Equipment: Mixing shall be performed in a tank, with a built -in continuous agitation and recirculation system, of sufficient opera- ting capacity to produce a homogenous slurry of fiber, fertilizer CITY OF NEWPORT BEACH CLIFF DRIVE PARK . , 0 . SP 25 of 28 and wager in the designated unit proportions and a discharge system which will apply the slurry to the areas to he treated at a continuous and uniform rate. g. Inspections: The Landscape Architect or his representative shall be present during the entire application. All materials should be inspected prior to loading. All materials should be packaged or in container showing net weight and contents therein. If materials are taken from bulk supply, an accurate weighing or measuring device should be used to ensure that exact quantities of each material are present in each load. The slurry should be sprayed evenly and result in a uniform coat on all treated areas. 2. Ground Cover Installation:Provide in areas indicated on the drawings a. Prepare Ground Cover areas by grading one (1) inch below top of walks and curbs. Include soil additives where authorized by Change Order. b. Plant rooted cuttings, at spaces indicated, in pits not less than 4" x 4" x 4". C. Fertilizer: Provide backfill mixture in planting pit for each rooted cutting. d. Smooth soil about plants and leave areas in neat and clean condition. Do not pile soil around crown of any plants. e. Water with light spray. 3. Shrub and Tree Planting a. Finish grade shrub areas to one (1) inch below top of adjacent walks and /or curbs. b. Stake plant locations and secure approval before excavating pits making necessary adjustments as directed. C. Evacavate pits with vertical sides_ for all plants, as directed. Tree pits shall be of sizes shown on plans to permit handling and planting without injury to balls of earth or roots, and shall be of such depth that, when planted, the crown of the plant shall bear the same relation to finish grades that it did to soil surface in place of growth. Tree and shrub pits shall be no smaller than two'(2) times the width and depth of the.container. d. Set plants in center of pits, in vertical position so that crown CITY OF NEWPORT BEACH CLIFF DRIVE PARK SP 26 of 28 • • of plant will he level with finished grade. e. Basins: All plants shall be set in a watering basin which shall be 4' in diameter for trees over 6' tall, and 2' in diameter for trees and shrubs less than 6' tall. This basin shall be 3 or 4 inches deep. The bottom of the basin shall be at surrounding finish grade. f. Fertilizer: Provide backfill mixture in each planting pit and tamp soil around plant balls. g. Water all planting areas thoroughly after installation of plant materials. h. Grade areas around plants to finish grades and dispose of excess soil. i. Prune plants according to standard horicultural practice or as directed. j. Stake all trees, as noted on detail at windward side of tree. Tie with cinch -ties avoiding abrasion to trees. k. Inspection of all planting shall be made at the end of construction period, to establish the time for beginning of the maintenance period. J. HAINfENANCE Maintenance period shall be 60 days after acceptance of seeded turf instal- lation. At the end of the 60 day period, all areas not accepted by the Landscape Architect, shall be removed and replaced by the Contractor at his expense. 1. Watering; An automatic sprinkler system is provided for maintaining general moisture requirements. Hand watering of newly planted trees and shrubs will, however, be required once every week for three weeks. 2. Cultivation, weeding, aeration, water conservation; After any period of more or less continuous water, during which soil moisture is maintained at near saturation point, cultivate all areas by aerifying the surface 1" by means of potato hooks, hoes or rakes. Scarify com- pletely between all planting except turf areas, Do not change grade, remove basins or berms in the process of such cultivation. Follow the cultivating by three days of non - irrigation, assuring the killing off of weeds. 3. Pruning: Unless otherwise directed, prune only to remove dead or broken branches of tree or shrub parts. 4. Spraying: Examine frequently all plants, especially any which are subject to common insect depredation such as aphids, mealy bugs, ants etc., to establish need for counter measures. Spray or dust as recommended. CITY OF NEWPORT BEACH CLIFF DRIVE PARK Sp 27 oP 28 5. Mowing: Mow lawns to a height of 2" with reel type mower kept sharp and free wheeling at all times. 6. Reseed as directed. 7. Maintainenace shall begin immediately after each plant and each portion of ground cover and lawn are planted, and shall continue until the end of the 60 day maintenance period. 8. Maintain all trees and shrubs in a vigorous, thriving condition by watering, cultivating, pruning, spraying and other necessary operations. Keep all areas free from weeds and patches of Bermuda grass. Complete weed eradication work shall be done every week; no weed growth shall be allowed past the weed seeding stage. 9. Maintain grass areas by watering, weeding, replanting, reseeding, mowing, trimming, edging and other necessary operations. All grass areas shall be rolled with a 200 lb. roller and mowed at least three times before the end of the maintenance period. Mowing shall be done in such a manner that no deep ruts are made in the lawn grade. All depressions in the finish grade of lawn areas shall be filled to conform to adjacent grade and reseeded as directed. Grass clipping shall be collected and removed from the site. 10. Damage to planting areas shall be replaced immediately. a. Depressions caused by vehicles, bicycles or foot traffic shall be filled and leveled. Replant damaged areas. b. Exterminate gophers and moles and repair damage as above. 11 Maintain ground cover areas by watering, weeding, replanting and other necessary operations. Keep them free from weeds and Bermuda grass and remove the roots and stolons of Bermuda grass as necessary to eliminate it from the areas and to leave them in clean and acceptable condition by the end of the maintenance period. 12. Protect grass and all planting against damage, including erosion and trespass, and provide proper safeguards as needed. Replant damaged areas, or areas in which seed may not germinate properly and promptly, 13. Fertilize immediately after first cutting with 6 lbs of 16 -6 -8 Commercial fertilizer per 1,000 sq. ft. again, after an additional 15 days with 6 lbs. of 16 -6 -8 commercial fertilizer per 1,000 sq. ft. The Contractor shall recognize the responsibility for uniform application to dry turf, and follow up with thorough irrigation (minimum of 1/3" of precipitation) to avoid burning. Apply 6 lbs. of 16 -6 -8 commercial fertilizer per 1,000 sq. ft. after each 30 days of maintenance to all remaining areas, applying to dry foliage, following with irrigation and heeding pre- cautions as above. CITY OF NEWPORT BEACH CLIFF DRIVE PARK SP 28 of 28 K. GUARANTEE AND REPLACEMI7NT 1. All vines and groundcover shall be guaranteed by the Contractor as to growth and health for a period of ninety (90) days after completion of the maintenance period and /or final acceptance by the Landscape Architect. All trees shall be guaranteed by the Contractor to live and grow in an acceptable upright position for a period of six (6) months after completion of the specified maintenance period and /or final acceptance by the Landscape Architect. 2. All plants that show signs of failure to grow at any time during the life of the contract, including the maintenance period, or those plants so injured or damaged as to render them unsuitable for the prupose intended, shall be immediately replaced in kind at the expense of the Contractor. 3. The Contractor, within 15 days of notification by the Landscape Arch- itect, shall remove and replace all guaranteed plant material, which for any reason fail to meet the requirements of the guarantee. Replace- ment shall be made with plant materials as indicated or specified for the original guaranteed materials. 4. Replacement shall continue to be made until each plant has successfully established itself for the required guarantee period. L. CLEAN UP Upon completion of each portion of construction and before final acceptance, all surplus materials, equipment, debris, etc., shall be cleaned up and disposed of in a manner acceptable to all agencies, and the site shall be left in a neat and acceptable condition to meet the approval of the Landscape Architect. 1. Dust Control - The Contractor shall take all necessary steps to prevent dust from being generated during the course of his work and to prevent dust from being wind carried. The necessary steps shall include, but not be limited to, watering or wetting down the site as directed by the Landscape Architect. 2. Cleaning of Street - The Contractor shall be responsible for cleaning any street or sidewalk upon which dirt may be spilled, placed, washed or blown during the course of the work and any maintenance period. CITY OF NEWPORT BEACH CLIFF DRIVE PARK (xQf C;1 ,iL ^_II 1P(_.,C v.7 R!l ?Rn PFP�V n nEPLYCE4! ,:JNr9 ?C 'JHSi PERSCNAL NJUPV AUTOMOBILE LIABIL I �"J 101.1PRLnE `.5!YE °DRY COMPANIES AFFORDING COVERAGES ' Russell, Gleason & Van Rooy, Inc. ----------- - - - - -- - -- — _ _ P. 0 • Box 10190 EXCESS LIABILITY - -.M %',N, A y M INDUSTRIAL INDEMNITY COMPANY Glendale, Ca, g12og I� 07- E4- HAN MBRE__'• YCR•.1 FREMONT INDEMNITY COMPANY ACER LANDSCAPING P. 0. Box 934 D Cypress, Ca. 90630 �MPArv'. E f�'FP n ?:'. s' s; ucert, ry•.•. 3rUci:[ es' J'! s. Jr. m0e! I;} w;. Y' �•' AvIIa Ve:)e eFi' Sp' u?. OE^ thr? I.^.N'Jr2dn)rna.d3C.;vg3!adjr ?' - -- oP., • „' _. . T _. - .�� j Limits of Liability inThousamds]CC ^ I , :F NS, -AN, -E iE Eq ... m. •.t HER •_. _— -- _ ._ 1 ;® GENERAL LIABILITY '— -- -- - " -' -� - BCCILr :N!URY j s 13000 11,000 ® COMPSFHENSIVF FORM j ® PREMICES- OPERATIONS PROPER^l DAMAGE 51,000 $ 1, 000 I ❑ EXP4OSION AND CO'_L4PSE . I LG 745 -2135 8 -11 -78 ❑'= a A NOERGACbNO A1ARC P40D1::,� fGMPLETE'J I �j �PERAT,ONS -A1AR0 I -_ CNTRACTJ,„ .NSUFANCE ,iL ^_II 1P(_.,C v.7 R!l ?Rn PFP�V n nEPLYCE4! ,:JNr9 ?C 'JHSi PERSCNAL NJUPV AUTOMOBILE LIABIL I �"J 101.1PRLnE `.5!YE °DRY A „RE \CN�SNE-� EXCESS LIABILITY I� 07- E4- HAN MBRE__'• YCR•.1 LG 745 -2135 B I EMPLOYERS'L1ABILITY I WN -77 -33586 OTHER DESCRIPTION OF OPEAATIONS.LOCAT!CNS.VEH!CLES JOB: 8 -11 -78 N.'JR, I.M. 8 -11 -78 CONTRACT N0. 1677 500 500 STATUTORY a 2,000 _- Cancellation: SkoW�any- of- lhe'al�cwedeeE: Fat - peke +eskc+wawwelled'a,;•fo.eN,ez+Fp + ratH,Eti - dada- tpereo.f,.�1ac!swu•,;;_;y�_ •9a*1i' -rorE FE er!deaMe�4o- -r++a, F- 9a'ys`wsiFter� -wWFee Eo-tae•�el ewv- waFaed- reHrSi c- afe- kok7ec.�11- faa:I,�e -- u:ail sorb fl et+ee stEell isw{>{J5e- rw -0J3liga taorroc kabi! ii•)`ot awy�u>,9r9Nrwthar,ESr>par>y- NAME AND ADDRESS OF CER -IFICA EE nOl ^fH THE CITY OF NEWPORT BEACH C/O CITY CLERK 3300 W. NEWPORT BLVD. NEWPORT BEACH, CA, 92163 CAiE ISSUE, 8 -10 -77 i E 0 0 CITY OF NEWPORT BEACH CERTIFICATE OF INSURANCE FOR CONTRACT WORK CONTRACT NO. 1677 This is to certify that the Company named below has issued to the Named Insured the policy of comprehensive liability insurance identified herein, hereinafter referred to as "Policy ", and endorsed said Policy as follows to assure compliance by the Named Insured with the insurance require- ments of the Contract executed by the Named Insured and the City of Newport Beach, (hereinafter, "City "). 1. The combined single limit for Comprehensive Liability (bodily injury or death, or property damage) is not less than $500,000 each occurrence, $500,000 aggregate protective and contractual, $1,000,000 aggregate products. 2. Neither the Policy nor this Endorsement shall be cancelled or materially changed until thirty (30) days after receipt by City of written notice of such cancellation or change by registered mail, addressed as follows: City of Newport Beach, c/o City Clerk, 3300 W. Newport Boulevard, Newport Beach, California 92663. 3. The City of Newport Beach, County of Orange, City of Irvine, State of California, and Boyle Engineering Corporation, their officers and employees are hereby declared to be additional named insureds in the policy described insofar as they may be held liable for injuries, death or damage to property arising out of or in connection with the contract executed by the named insured and the City. It is further agreed that this policy shall be primary and non - contributing with any other insurance available to the additional named insureds, and includes a severability of interest clause. 4. Contractual liability coverage applicable to the contract referred to above, including the obligation to defend the additional named insureds is included. 5. Exclusions relating to property damage arising out of explosion, collapse, or underground damage (commonly referred to as "xcu" hazards) are deleted, where applicable. 6. The policy provides coverage for, but is not limited to: Owned, Non -Owned and Hired Automobile; Products Liability - Completed Opera- tions; Premises - Operations; Contractors Protective Liability; Marine or Aviation (when applicable); and Property Damage. This Endorsement is effective 8 -10 -77 when signed by an Authorized Representative of INDUSTRIAL INDLMNITY COMPANY Name of Insurance Company and when issued to City shall be valid and form part of Policy No. insuring ACER LANDSCAPING Named Insured expiring 8 -11 -78 NAME OF AGENT OR BROKER RUSSELL, GLEASON & VAN ROOY, INC ADDRESS - AGENT /BROKERP. 0. BOX 10190, GLENDALi, CA. Gordon Schmidt IMPORTANT: This is the only evidence of insurance acceptable to the City. The person executing this Certificate is cautioned to make certain that he has authority to execute this Certificate on behalf of the Insurance Company. 0 0 By .i::. :.._ RESOLUTION NO. A RESOLUTION OF THE CITY OF NEWPORT BEACH AWARDING LANDSCAPING IN CONNECTION OF PHASE ONE IMPROVEMENTS CONTRACT NO. 1677 9153 =NCIL OF THE CITY A CONTRACT TO ACER WITH CONSTRUCTION AT CLIFF DRIVE PARK, WHEREAS, pursuant to the notice inviting bids for work in connection with construction of Phase One improvements at Cliff Drive Park, in accordance with the plans and specifica- tions heretofore adopted, bids were received on the 6th day of July, 1977, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is ACER LANDSCAPING; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Acer Landscaping for the work in the amount of $58,974.70 be accepted, and that the contract for the described work be awarded to said bidder; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this 25th day of July , 1977. ATTEST: City Clerk Mayor DDO /bc 7/20/77 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR U CONSTRUCTION OF PHASE ONE IMPROVEMENTS Approved by the City Council this 13 day of June 1977. l Doris George, City lerk AT CLIFF DRIVE PARK CONTRACT NO. 1677 SUBMITTED BY: Aw S 4 L11 Contractor PC), Lm ress -� �� WO City Zip W6 - SA Phone $6 ?9/0 Total ice Bid ct a � in"n i) I PR 1 of 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT' CONSTRUCTION OF PHASE ONE IMPROVEMENTS AT CLIFF DRIVE PARK CONTRACT NO. 1677 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the locations of the proposed work, that he has examined the Plans, the Special Provisions, the Standard Special Provisions, the Standard Specifications, and the Standard Drawings; has read the Notice Inviting Bids; and hereby agrees to furnish all labor, materials, equipment, transportation, and services to do all the work required to complete Contract No. 1677 in strict conformance with the plans identified as City of Newport Beach Drawing No. P- 5077 -S (consisting of 9 sheets), the Special Provisions, the Standard Specifications, and the Standard Drawings; and that he will take in full payment for the work the following unit prices for each item of work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTElt�IN WORDS PRICE PRICE 1. Lump Sum Clear, grub, and rough grade sit* for the lump sum price of/J_/'I� Dollars and Cents $ $ 16(w 2. 300 Sq. Ft. Construct P.C.C. entry walks for the unit price of ,jt� Dollars and it Cents $ d ✓/ $_ Per uare Foot 3. 3,350 Sq. Ft. Construct soil cement pathways for the unit price of !, 0^4 —Dollars 1,06 3�3S56 and Cents $ $ gpg Per Square foot i • PR2of4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1,830 Construct railroad tie stairways Linear Feet and steps,for the unit price of (�nn� Dollars and ,— Cents $ Per L— i1 5. 410 Construct telephone pole planter Linear Feet walls,for the unit price of 7 E 0 �. Dollars and Cents $ $ Per inear Foot 370 Construct galvanized steel hand - Linear Feet railA , for the unit price of Dollars i and Cents $ 96 Construct galvanized steel bridge Linear Feet rai ' g, for the unit price of �' Dollars and Cents Cents Per Linear '+obojE 4 Each Construct complete drainage facil- ities including pipe, for the unit price of `� Dollars and Cents Per Each 370 Construct P.C.C. mow strip, for Linear Feet th�t price of p Dollars and Cents Per Li' neat' Foft ,/ $ (� a GeI Y $<31. $ 3� 0 Y7 $ GO $/600- ITEM QUANTITY ITEM DESCRIPTION UNIT NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE 10. 20 Construct P.C.C. drain ditch, for Linear Feet uni rice of Dollars and Cents Per Linear Foot 11. Lump Sum Construct automatic irrigation system, complete in place, for sum price of the l��um ®®p 'G�(".4 �� Dollars ° T and Cents 12. Lump Sum Perform finish grading and pre- pare ground for planting, for the lump sum price of ,�lv— ►s Dollars and Cents 13. Lump Sum Furnish and install ground - cover from flats, for the lump sum price o�' Dollars and Cents 14. Lump Sum Plant turf, for the lump sum price of Dollars and Cents 15. 40 Each Furnish and install 15- gallon size trees, for the unit price o�Dollars and Cents PR3of4 TOTAL PRICE $ J. $� $'0000 $t6 $ ,1 $ $ l r?tj 30, PR4of4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 9 Each Furnish and plant palm trees, for the unit price of Dollars z and Cents Per Each 17. 169 Each Furnish and plant 5- gallon size shrubs, for the unit price of Dollars �j and (� Cents Per Each 18. 18 Each Furnish and plant 1- gallon size shrubs, for the unit price of OA// ha O Ate // ' Dollars and Cents Per Each 19. Lump Sum Provide construction survey stak- ing, for the �lump sum price of Dollars 741 and Cents TOTAL BID PRICE WRITTEN IN WORDS: J.r' /Dollars and i Cents `W/ 7 Z Dates Bid is CONTRACTOR'S LICENSE NO. Authoriz $ $ $ 1�2 $ -�20w-- $ 36 TOTAL BID $ / �JCJ.� O / f gnatu CONTRACTOR'S ADDRESS fU6A�_ `� Y L—B TELEPHONE NO. r ! • Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes��$$f the St to of California providing f r the registration of Contractors, License No. ',.SQL 1u4 Classification . Accompanying this proposal is i b 7b YJ+ , , Gasnler -s LnecK or in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. g�3 Phone Number dt kC w Bi r s Name ta/yJ (SEAL) ut orize Signallure Authorized Signature Type of Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the Engineer. Item of Work 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Subcontractor Address r Bidders Name AuthorizEFd Signature Type of Organization (Individual, Co- partnership or Corp.) -- V Address 1 r SBG #0900 96271 011 59 0 0 Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL BOND NO. L05- 001617 KNOW ALL MEN BY THESE PRESENTS, That we as Principal, and RATBOA TH 17RAN R (IONPA , as Surety, are held �d e firmly ound amount of to the City nhe Bid not of New rt Beach, California, in to a ceed the sum of Ten Percent of Seven Thousand and No /100 - Dollars..($ 7,000.00 ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. 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, we hereunto set our hands and seals this 6th day of JULY 19 77 . Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in- Fact) ) ACER LANDSCAPING Princip By -Q1dNSn BALBBOA �INSUROCE COMPANY Sime ty -Neal L. Witt Title �ttH3F8 ®j+33i oaf:.+ - 0 0 (213) 257 -8291 L LOU JONES & ASSOCIATES 2900 WEST BROADWAY LOS ANGELES, CALIFORNIA 90041 « � � ! ) ■ ~ ■ »i. \ 3 .<o \ z ` °d ®® ! p }! e \ X \( }\ bD to A }2/ \ E NON - COLLUSION AFFIDAVIT E The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agree- ment with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agree- ment with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no inducement or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this_day of , 194-. My commission expires: s s ._. _ 1981 Notary u c ., ^^i YS''L .CO'(F Ft . -G:1JC On:IpDHNIA Oli. ai l;c i:OUNiY My Commission Expires February 10, 1881 i H7 0 Page 7 TECHNICAL ABILITY AND EXPERIENCE RE ES The undersigned submits herewith a stat nt of the work of similar character to that proposed herein which he has performed and successfully completed. Year f Z1J_ —/97 7 44, Ai *J 80,8 �i�Mc'/ f n� "°�a6 — S17Y �Y/tcC �4N ZS �i4 .rc� UU�t N 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 PROPOSAL, PLANS AND SMCIAL PROVISIONS Ff CONSTRUCTION OF PHASE ONE IMPROVEMENTS AT CLIFF DRIVE PARK CONTRACT NO. 1677 ADDENDUM NO. 1 NOTICE TO BIDDERS: June 29, 1977 Please be advised that the Plans and Special Provisions have been amended as follows: PROPOSAL: Item No. 16 provides for 9 palm trees. Three of the palm trees shall each be 6 feet high; three palm trees shall each be 8 feet high; and three palm trees shall each be 12 feet high. Height refers to overall height. PLANS Sheet 8 Where festuca rubra is shown on sheet 8 of the plans, the contractor shall plant vinca major. Sheet 9 (a) Osteospermum fruticosum shall be furnished in flats and planted 18 inches on centers in both directions. (b) Vinca Major shall be furnished in flats and planted 18 inches on centers in both directions. (c) Turf shall be hydromulched. NOTE: Please sign and show the date of receipt of this addendum. Attach a copy to your proposal. No proposal will be considered unless a signed and dated copy of this addendum is attached. Kenn th L. Perry Project Engineer ntractor's Signatu� Date lontlactor Received Addendum CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL, PLANS AND SPEGM PROVISIONS FOR_- CONSTRUCTION OF PHASE ONE IMPROVEMENTS AT CLIFF DRIVE PARK CONTRACT NO. 1677 ADDENDUM NO. 1 CE TO BIDDERS: June 29, 1977 Please be advised that the Plans and Special Provisions have been amended as follows: PROPOSAL: Item No. 16 provides for 9 palm trees. Three of the palm trees shall each be 6 feet high; three palm trees shall each be 8 feet high; and three palm trees shall each be 12 feet high. Height refers to overall height. PLANS: Sheet R Where festuca rubra is shown on sheet 8 of the plans, the contractor shall plant vinca major. Sheet 9 (a) Osteospermum fruticosum shall be furnished in flats and planted 18 inches on centers in both directions. (b) Vinca Major shall be furnished in flats and planted 18 inches on centers in both directions. (c) Turf shall be hydromulched. ON TE: Please sign and show the date of receipt of this addendum. Attach a copy to your proposal. No proposal will be considered unless a signed and dated copy of this addendum is attached. Kenn th L. Perry Project Engineer U l/� . O on ractor's Sign e Date ontxfactor Received Addendum JOHN J. LVOU PUBLIC ACCOUNTANT 0898 WESTERN AVE.. SUITE if BUENA PARK. CAUMRNIA 00010 Thomas LaBouef DBA Acer Landscape 3303 E. 8th Street Long Beach, California 90804 TiLiPHOni (714) 011 -1104 February 18, 1977 The accompanying balance sheet of Acer Landscape as of December 31, 1976 and the related statement of income for the year then ended, were not audited by us and accordingly, we do not express an opinion on them. We have not presented a statement of changes in financial position for the year ended December 31, 1976. Omission of that statement is a departure from generally accepted accounting principles. 1 John J. Lyou Public Accountant U... THOMAS LA BOUEF DBA _ ACER LANDSCAPE BALANCE SHEET DECEMBER 31, 1976 EXHIBIT A ASSETS = CURRENT ASSETS Cash in bank $ 4,409 a Accounts receivable 9,150 Total Current Assets $13,559. FIXED ASSETS Vehicles $ 7,150 Equipment 6,689 Office furniture and fixtures 970 Totals $14,809 Less accumulated depreciation 5,387 Net Fixed Assets . 9,422 TOTAL ASSETS $22,981 LIABILITIES AND PROPRIETORS' EQUITY CURRENT LIABILITIES Accounts payable $ 4,500 Accrued payroll taxes payable 775 Notes payable - within one year 1,000 Total Current Liabilities $ 6,275 PROPRIETORS' EQUITY Capital $17,889 Net profit - Exhibit B 22,214 Less withdrawals 23,397 Total Proprietors' Equity 16,706 TOTAL LIABILITIES AND PROPRIETORS' EQUITY $22,981 Prepared without audit. THOMAS LA BOUEF DBA ACER LANDSCAPE STATEMENT OF INCQME TWELVE MONTHS PERIOD ENDED DECEMBER 31, 1976 avrr ITT n SALES $97,331 .100.0% COST OF SALES - Exhibit B 69,465 71.4 GROSS PROFIT $270866 28.6% SALES $ ADMINISTRATIVE EXPENSES Business promotion $ 250 Depreciation - office F $ F 204 Insurance 2,315 Legal and accounting 500 Office supplies and expenses 778 Plans and specification 186 Rent 600 Taxes and licenses 71 Telephone.and utilities 748 Total Sales $ Administrative Expenses 5,652 S.8 NET INCCME $22,214 22.8% Prepared without audit. i THOMAS LA BOUEF DBA ACER LANDSCAPE COST OF SALES TWELVE MONTHS PERIOD ENDED DEC04BER 31, 1976 DIRECT COSTS Materials and supplies Direct labor Subcontractors Equipment rentals Other direct costs Total Direct Costs INDIRECT COSTS Payroll taxes Depreciation Equipment repairs and maintenance Gas and oil Small tools Total Indirect Costs I TOTAL COST OF SALES $31,700 10,748 10,224 2,542 3,740 I $1,158 4,451 1,585 3,117 200 SCHEDULE B-1 a $58,954 10,511 $69,465 v , JOHN J. LVOU PUBLIC ACCOUNTANT 9896 WESTERN AVE.. BUITEX BU6NA PARK. CAUPORNIA 00020 Thoma6 and Kathy LaBoueb 4556 Petite Place Cyp4e66, CaP.i.Onnia 90804 TQL�PryONI{ (914) 822•1fa4 May 4, 1977 The accompanying balance aheet o5 Thoma6 and Kathy LaBoue6 ab ob Decembea 31, 1976 wab not audited by as and accohdingly, we do not expne6a an opinion on .it. C" John J, Lyou PubQt;c Accountant THOMAS £ KATHY LABOUEF BALANCE SHEET DECEMBER 31, 1976 ASSETS CURRENT ASSETS C"ft cn AtUtate S £ L - (05143) - Long Beach $ 2,450 Cash in Brentwood S E L - (0182212 -1) - Long Beach. 2,800 Cash in G.LbraP.teA S £ L - (00205 -793) - Long Beach. 1,51b Ca6h in bank - 6aving6 - (0900 -1476) - Fwcmeu £ Meh.chant6 1,200 Cash 6ukkender value ob Zi.se .in6u)tance 200 To#ae Cmaent Abbetb PROPERTY AND INVESTMENTS Re6i.dence Cypne66, Ca. $60,500 4 unit apalLtment - Long Beach, Ca. 41,000 JeweCery and hou6ehotd buhni.6h,ing6 8,000 Equity - Acer Land6 cape 16,706 Rental hou6e.- Long Beach, Ca. 38,000 Total Property and Inve6tment6 TOTAL ASSETS LIABILITIES AND NET WORTH CURRENT LIABILITIES LONG -TERM LIABILITIES ortgage pay le - Ae6idence $46,000 Mortgage payable - apahtment 10,000 MoA.tgage payable - rental hou6e 281000 NET WORTH Total Long -Temp L.iabZUtiea TOTAL LIABILITIES TOTAL LIABILITIES AND NET WORTH Prepared without audit. $ 8,166 164,206 $J72, 372 $ -0- 84,000 $ 84,000 88,372 $172, 372 V n n 0 i M z r., A fi v 2 k C w o� J � N o�J 0 n G� co 03 _ r© �z Qm 2� N -n Va Vi D D n rn� Z 10 MEN 0 NNR M z r., A fi v 2 k C w o� J � N o�J 0 n G� co 03 _ r© �z Qm 2� N -n Va Vi D D n rn� Z 10