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HomeMy WebLinkAboutC-999 - Eastbluff Park improvements0 C/ T Y CLERK CONTRACT NO. 999 CITY OF NEWPORT BEACH CONTRACT DOCUMENTS FOR 0 GENERAL IMPROVEMENTS OF EASTBLUFF PUBLIC PARK APPROVED BY THE CITY COUNCIL ON THIS 9TH DAY OF AUGUSTy 1965- CI Y CLERK I CITY OF NEWPORT BEACH„ CALIFORNIA NOTICE OF INVITING BIDS SEALED PROPOSALS WILL BE RECEIVED AT THE OFFICE OF THE CITY CLERK, CITY HALL, NEWPORT BEACH, CALIFORNIA, UNTIL. 10:30 A.M. ON THE 2ND DAY OF SEPTEMBER, 1965, AT WHICH TIME THEY WILL BE PUBLICLY OPENED AND READ, FOR PERFORMING WORK AS FOLLOWS: GENERAL IMPROVEMENTS OF EASTBLUFF PUBLIC PARK (CONTRACT NO. 999) NO BID WILL BE RECEIVED UNLESS IT IS MADE ON A PROPOSAL FORM FURNISHED BY THE PUBLIC WORKS DEPARTMENT. EACH BID MUST BE ACCOMPANIED BY CASH, CERTIFIED CHECK, OR BIDDERS BOND MADE PAYABLE TO THE CITY OF NEWPORT BEACH FOR AN AMOUNT EQUAL TO AT LEAST 10 PERCENT OF THE AMOUNT BID, SUCH GUARANTY TO BE FORFEITED SHOULD THE BIDDER TO WHOM THE CONTRACT IS AWARDED FAIL TO ENTER INTO THE CONTRACT. IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1770 OF THE LABOR CODE, 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 OR TYPE OF WORKMAN OR MECHANIC NEEDED TO EXECUTE THE CONTRACT AND IS SET FORTH IN RESOLUTION No. 5729. A COPY OF SAID RESOLUTION IS AVAILABLE IN THE OFFICE OF THE CITY CLERK IN THE CITY OF NEWPORT BEACH. ALL BIDS ARE TO BE COMPARED ON THE BASIS OF THE ENGINEER'S ESTIMATE OF THE QUANTITIES OF WORK TO BE DONE. NO BIDS WILL BE ACCEPTED FROM A CONTRACTOR WHO HAS NOT BEEN LICENSED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 9, DIVISION. III OF BUSINESS AND PROFESSIONS CODE. PLANS AND SPECIFICATIONS, FORMS OF PROPOSALS, BONDS, AND CONTRACT MAY BE OBTAINED AT THE PUBLIC WORKS DEPARTMENT, CITY HALL, NEWPORT BEACH, CALIFORNIA. A NON - REFUNDABLE CHARGE OF $2.00 WILL BE REQUIRED FOR EACH SET OF STANDARD SPECIFICATIONS. A REFUNDABLE DEPOSIT OF $5.00 WILL BE REQUIRED FOR EACH SET OF PLANS, SPECIAL PROVISIONS, AND CONTRACT DOCUMENTS. NO REFUNDS WILL BE MADE LATER THAN 60 DAYS AFTER AWARD OF THE BID. THE CITY OF NEWPORT BEACH RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO WAIVE ANY INFORMALITY IN SUCH BIDS. 0 CITY OF NEWPORT BEACH, CALIFORNIA MARGERY SCHROUDER, CITY CLERK W - - M PROPOSAL FOR CONTRACT NO. 999 TO THE HONORABLE CITY COUNCIL CITY OF NEWPORT BEACH CALIFORNIA THE UNDERSIGNED DECLARES THAT HE HAS CAREFULLY EXAMINED THE LOCATION OF THE PROS POSED WORKS THAT HE HAS EXAMINED THE PLANS AND SPECIFICATIONS FOR CONTRACT N0. 999, AND HEREBY PROPOSES TO FURNISH ALL MATERIALS AND DO ALL WORK REQUIRED TO COMPLETE THE GENERAL IMPROVEMENTS OF EASTBLUFF PUBLIC PARK,"AND TO COMPLETE SAID WORK IN ACCORDANCE WITH SAID PLANSO THE STANDARD SPECIFICATIONS OF THE CITY OF NEWPORT BEACH AND THE SPECIAL PROVISIONS AND THAT HE WILL TAKE IN FULL PAYMENT THEREFOR THE FOLLOWING UNIT PRICES FOR EACH ITEM, COMPLETE IN PLACES TO WIT: _a ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO: AND UNIT UNIT PRICE WRITTEN IN WORDS- PRICE PRICE 248 8" VITRIFIED CLAY PIPE SEWER LINEAR FEET ® THREE DOLLARS AND FF 64 r ' NINTY'THREE CENTS Y 3'93 � 97 PER LINEAR FOOT 2 4 6" CAST IRON PIPE SEWER LINEAR FEET, . 0 FIVE DOLLARS FORTY AND CENTS $ 5•4o j 21.6o PER LINEAR FOOT 3 1 STANDARD CLEANOUT EACH 0 - - - - - - - - - - - - - - - - DOLLARS - - - - - - - - - - - - - - - - AND CENTS $. NONE - 96.00 EACH • ter_ 4 290 3° A.C. DUCT (ELECTRICAL SERVICE) LINEAR FEET ® ONE DOLLARS THIRTEEN AND CENT$ 1.13 } p 327'70 PER LINEAR FOOT 5 . 475 '36" (1000 -D) R.C.P. DRAIN LINEAR FEET ® TWELVE DOLLARS {SIXTEEN CENTS $ X2.16 5776.00 • PER LINEAR FOOT 6 {,IRO TYPE "Bu PCC PILOT CHANNEL LINEAR FEET ® Two DOLLARS. TWENTY -FIVE AND CENTS y 9 2.25 2,497.50 _ _ PER LINEAR FOOT "'� 49 0 25 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL N0. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 7 150 TYPE "A" GUNITE CHANNEL LINEAR FEET ® EIGHT DOLLARS AND SIXTEEN CENTS $ 8.16 $ I.,224.00 PER LINEAR FOOT 8 13.7 SITE PREPARATION ACRES Q FORTY -THREE DOLLARS AND EIGHTY CENTS $ 43.80 $ 600.06 PER ACRE 9 13,000 EXCAVATION CUBIC YARDS ® NO DOLLARS AND FIFTY -SEVEN CENTS $ NONE $ 7,410.00 P£R CUBIC YARD 10 160 ROUGH LANDSCAPE GRADING (D6 BULLDOZER HOURS WITH RIPPER) 8 FIFTEEN DOLLARS AND FIFTY CENTS $ 15.50 $ 2,480.00 PER HOUR 11 17,000 2" A.C. PAVEMENT SQUARE FEET @ NO DOLLARS AND TEN AND SIX TENTHS CENTS $ 0.106 $ 11802.00 PER SQUARE FOOT 12 406 UNTREATED ROCK BASE TONS ® THREE DOLLARS AND SIXTY -FIVE CENTS $ 3.655 $ 1,481.go PER TON 13 47o S. C. PRIME COAT GALLONS NO DOLLARS AND THIRTY-TWO CENTS $ 0.32 $ 150.40 PER GALLON 14 489 4° THICK PCC DRIVEWAY SQUARE FEET @ NO DOLLARS SIXTY -NINE CENTTS $ 0.69 $ 337.41 PER SQUARE FOOT a so a 21 1 LUMP SUM PLAYGROUND EQUIPMENT - - - - - - - - - - - - - - - - DOLLARS AND - - - - - - --- - - - - - - - - CENTS NONE 600.00 P -3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL N0. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15 880 2" x 6" REDWOOD HEADER LINEAR FEET ® NO DOLLARS SIXTY -FIVE AND CENTS $ 0.65 $ 572.00 PER LINEAR FOOT 16 60 REMOVE EXISTING CURB & GUTTER LINEAR FEET @ ONE DOLLARS —No AND CENTS $ 1.00 $ 60.00 PER LINEAR FOOT 17 114 TYPE "C" PCC FLUME SQUARE FEET @ NO DOLLARS FIFTY -FOUR AND CENTS 0.54 61.56 PER SQUARE FOOT 18 18 6" A.C. BERM LINEAR FEET @ Two DOLLARS NO AND CENTS $ 2.00 $ 36.00 PER LINEAR FOOT 19 1 LANDSCAPING WORK LUMP SUM @ --- - - - - - - - - - - - - - DOLLARS -- - - - - - - - - - - - - - AND - CENTS NONE $64,440.00 LUMP SUM 20 1 RESTROOM STRUCTURE LUMP SUM @ - - - --- - - - - - - - - - - - DOLLARS - - - - - - - --- - - - - - - AND - CENTS $ NONE $ 7,447.00 LUMP SUM 21 1 LUMP SUM PLAYGROUND EQUIPMENT - - - - - - - - - - - - - - - - DOLLARS AND - - - - - - --- - - - - - - - - CENTS NONE 600.00 to 0 P -4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22 9 WALK LIGHTS EACH THIRTY DOLLARS AND FIVE DENTS $ 30.05 $ 274.50 EACH TOTAL PRICE WRITTEN IN WORDS NINETY-EIGHT THOUSANC) SIX HUNDRED SEVENTY DOLLARS AND TWENTY -SEVEN CENTS TOTAL $ 98,670.27 THE UNDERSIGNED AGREES THAT IN CONTACT WITH NECESSARY BONDS WITHIN HAVING RECEIVED NOTICE THAT THE CON CHECK OR BOND ACCOMPANYING THIS BID NEWPORT BEACH. CASE OF DEFAULT IN EXECUTING THE REQUIRED TEN (10) DAYS NOT INCLUDING SUNDAYS AFTER FRACT IS READY FOR SIGNATURES THE PROCEEDS OF SHALL BECOME THE PROPERTY OF THE CITY OF LICENSED IN ACCORDANCE WITH THE STATUTES OF THE STATE OF CALIFORNIA PROVIDING FOR THE REGISTRATION OF CONTRACTORS) LICENSE N0. 185263 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 UNDERSIGNED IN,MAKING UP THIS BID. ACCOMPANYING THIS PROPOSAL IS BOND CASHp CERTIFIED CHECKS CASHIERS CHECK OR BOND) IN AN AMOUNT NOTLESS THAN 10 PERCENT OF THE TOTAL BID PRICE. 548 -5511 PHONE NUMBER SEPTEMBER 2, 1965 ATE R. W. McCLELLAN & SONS BIDDERS NAME (SEAL) /S/ R. W. MCCLELLAN, JR. AUTHORIZED SIGNATURE R. W. MCCLELLANP JR., CO-PARTNER AUTHORIZED SIGNATURE 151 COMMERCIAL WAY COSTA MESAS CALIFORNIA COPARTNERSHIP BIDDERS ADDRESS TYPE OF ORGANIZATION (INDIVIDUAL, CORPORATIONS COPARTNERSHIP) LI5TBELOW NAMES OF PRESIDENTS SECRETARY, TREASURER AND MANAGER IF A CORPORTATION AND NAMES OF ALL COPARTNERS IF A COPARTNERSHIP: CO- PARTNERSHIP ,J R. W. MCCLELLAN SR. . `' /V/ �C �LZµ Xk R. W. MCCLELLAN, JR. W. C. CROSS PAGE 3 DESIGNATION OF SUB - CONTRACTORS THE UNDERSIGNED CERTIFIES THAT HE 'HAS USED THE SUI3 —BIDS Of THE FOLLOWING LISTED CONTRACTORS IN MAKING UP HIS BID AND THAT THE SUB' — CONTRACTORS 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 SUB- CONTRACTORS EXCEPT UPON THE PRIOR APPROVAL OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH. ITEM OF WORK SVS- CONTRACTOR ADDRESS 1. SEWER DALE CASADA CONST GARDEN GROVES CALIF. 2. CEMENT .JEZOWSKI & MARKEL SANTA ANA, CALIF. 3. LANDSCAPE ROY C. BARNETT RIVERSIDE, CALIF. 4. SPRINKLERS 5. ELECTRICAL POND ELECTRIC COSTA MESA, CALIF. 6. ,e R. W. McCLELLAN & SONS BIDDERS NAME /S/ R. W. MCCLELLAN, R AUTHORIZED SIGNATURE r O®R&�ISHIP —TYPE Of ORGANIIATION (INDIVIDUAL: COPARTNERSHIP OR CORPOi0.ATION', 151 COMMERCIAL WAY COSTA MESA, CALIFORNIA ADDRESS F&HE ORIGINAL SEE THE CITY CLEILE. PAGE 4 BOND No. 24506 -33 BIDDER'S BOND TO ACCOMPANY PROPOSAL PREMIUM: INCLUDED UNDER SERVICE UNDERTAKING KNOW ALL MEN BY THESE PRESENT, THAT WE, R. W. MC CLELLAN AND SONS , AS PRINCIPAL, AND THE INDUSTRIAL INDEMNITY COMPANY AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, CALIFORNIA, IN THE SUM OF TEN PERCENT (10%) OF THE AMOUNT OF THE DOLLARS ($ 10% ), LAWFUL MONEY OF THE BID 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 GENERAL IMPROVEMENT OF EASTBLUFF PUBLIC PARK 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 CONSTRUCTION AND SHALL EXECUTE AND DELIVER THE TWO (2) BONDS DESCRIBED IN THE "NOTICE INVITING BIDS' WITHIN TEN (10) DAYS (NOT INCLUDING SUNDAY) 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 WITNESS WHEREOF, WE HEREUNTO SET OUR HANDS AND SEALS THIS 2ND DAY OF SEPTEMBER , 1965. CORPORATE SEAL (IF CORPORATION) R. W. MC CLELLAN AND SONS .. PRINCIPAL (ATTACH ACKNOWLEDGEMENT OF. JS% R. W. MCCLELLAN, JR. ATTORNEY IN FACT) ?�s�� Co-partner INDUSTRIAL INDEMNITY COMPANY (SEAL) SURETY. BY /S/ A. H. WEBBER ACKNOWLEDGEMENT ATTACHED TITLE A. H. WEBBER, ATTORNEY PAGE •9 NON- COLLUSION AFFIDAVIT 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 AGGREMENT 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 AGREEMENT 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 PRE- VENT 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 WOMSOEVER 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. mmuo' SUBSCRIBED AND SWORN TO BEFORE ME BY THIS 29th DAY OF September i9C3 BETTYE.BROOKINS NJLidY rJXIC- CALIFORNIA PRINCIPAL OFFICE IN sl ,w ORANdE COUNTY MY COMMISSION EXPIRES: —' BETTY E. BROOKINS HIV Commission Expires Auguest 23, 1969 NOTARY PUBLIC L�'] PAGE 10 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE (THE BIDDER IS REQUIRED TO STATE WHAT WORK OF A SIMILAR CHARACTER TO THAT INCLUDED IN THE PROPOSED CONTRACT HE HAS SUCCESSFULLY PERFORMED AND GIVE REFERENCE WHICH WILL ENABLE THE CITY COUNCIL TO JUDGE HIS RESPONSIBILITY, EXPERIENCE, SKILL AND BUSINESS STANDING.) THE UNDERSIGNED SUBMITS HEREWITH A STATEMENT OF HIS FINANCIAL RESPONSIBILITY. THE UNDERSIGNED SUBMITS BELOW A STATEMENT OF THE WORK OF SIMILAR CHARACTER TO THAT INCLUDED IN THE PROPOSED CONTRACT WHICH HE HAS SUCCESSFULLY PERFORMED. Past performance On different jobs in the area since 1941. R.W. xcQnL0 & SONS SIGNED C6Gpartner PAGE II C O N T R A C T THIS AGREEMENT, MADE AND ENTERED INTO THIS / DAY OF 6 CA6A cl�/ , 1961, BY AND BETWEEN THE CITY OF NEWPORT BEACH, CALIFORNIA, HEREINAFTER DESIGNATED AS THE CITY, PARTY OF THE FIRST PART, AND R. W.MC CLELLAN AND SONS HEREINAFTER. DESIGNATED AS THE CONTRACTOR, PARTY OF THE SECOND PART. WITNESSETH: THAT THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS; I. FOR AN 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 GENERAL IMPROVEMENTS OF EASTBLUFF PUBLIC PARK (CONTRACT No. 999) 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. Z. FOR FURNISHING ALL SAID MATERIALS AND LABOR, TOOLS AND EQUIPMENT, AND DOING ALL. THE WORK CONTEMPLATED AND EMBRACED IN THIS AGREEME NT, ALSO FOR ALL LOSS,ANO DAMAGE ARISING OUT OF THE NATURE. OF THE WORKI:AFOREl3XIDI, OR FROM THE :ACT ION 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 DE- SCRIPTION 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 SPECIFICATION$ ARE EXPRESSLY STIPULATED TO BE BORNE BY THE CITY; AND FOR WELL AND FAITHFULLY COM- PLETING 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 PA RTIES'FOR THEMSELVES, THEIR HEIRS, EXECUTORS ADMINISTRATORS, SUCCESSORS AND ASSIGNS, DO HEREBY AGREE TO THE FULL PERFORMANCE OF THE.COVENANTS HEREIN CONTAINED. IF. THE NOTICE TO ,BIDDERS, .INSTRUCTIONS TO OIBBENB, CONTRACTORIS.PROPOSAL, AND THE PLANS AND SPECIFICATIONS, AND ALL AMENDMENTS' THEREOF,' WHEN APPROVED BY THE PARTIES HERETOp OR.WHEN REQUIRED BY THE CITY IN ACCORDANCE WITH THE PROVISIONS OF THE PLANS AND SPECIFICATIONS, ARE HEREBY INCORPOh ATED IN AND MADE PART OF THIS AGREEMENT. . PAGE 12 5. 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, REGARD- LESS OF RESPONSIBILITY FOR NEGLIGENCE AND FROM ANY AND ALL CLAIMS, LOSS, DAMAGE, INJURY AND LIABILITY, HOWSOEVER THE SAME MAY BE CAUSED, RESULTING DIRECTLY OR .IN- DIRECTLY FROM "THE NATURE OF THE WORK COVERED BY THE CONTRACT, REGARDLESS OF RE- SPONSIBILITY 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 B YOR ATTEST: CITY CLER H.W. HOUSMAN & SONS CONTRACTOR (SEAL) BY ll G . �cw vlardhRY TITLE BY ITLE APPROVED AS TO FORM: C{TY ATT RNEY CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR CONTRACT NO. 999 GENERAL IMPROVEMENTS OF EASTBLUFF PUBLIC PARK 1. SCOPE OF WORK THE WORK TO BE DONE IN THIS CONTRACT CONSISTS OF THE FOLLOWING: A. CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES; B. CONSTRUCTION OF REINFORCED CONCRETE PIPE DRAIN AND OPEN CHANNEL DITCHES; C. GENERAL SITE PREPARATION, EXCAVATION, FILL, AND OTHER MISCELLANEOUS GRADING; D. CONSTRUCTION OF ASPHALT CONCRETE PAVEMENT, P.C.C. DRIVEWAYS, AND OTHER MISCELLANEOUS CONCRETE CONSTRUCTION; E. LANDSCAPING WORK, INCLUDING THE INSTALLATION OF UNDERGROUND WATER LINESI ELECTRICAL SERVICE., DRINKING FOUNTAINS, SPRINKLERS, AND THE FURNISHING AND INSTALLING OF MISCELLANEOUS PLANTS AND GRASSES; F. THE INSTALLATION OF A PRE - FABRICATED REST ROOM STRUCTURE; G. THE FURNISHING AND INSTALLING OF PLAYGROUND EQUIPMENT AND LIGHTING; H. THE FURNISHING OF ALL LABOR, EQUIPMENT, TRANSPORTATION, WATER, AND MATERIALS NECESSARY TO THE ACCOMPLISHMENT OF (A) THROUGH (G) ABOVE AND ANY AND ALL OTHER INCIDENTAL WORK AS SHOWN ON THE PLANS AND IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS OF THE CITY OF NEWPORT BEACH AND THESE SPECIAL PROVISIONS. II. TIME OF COMPLETION THE CONTRACTOR SHALL. COMPLETE THE WORK WITHIN 90 CALENDAR DAYS. I11. UNDERGROUND PIPE CONSTRUCTION A. THE COST OF THE REMOVAL AND REPLACEMENT OF ALL SURFACE IMPROVEMENTS INCLUDING ANY PAVEMENTS SHALL BE INCLUDED IN THE UNIT PRICE BID FOR THE PIPE COMPLETE IN PLACE- B. CONNECTION TO EXISTING UTILITIES. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO DETERMINE THE EXISTING CONDITIONS AT THE PROPOSED CONNECTION POINTS WITH EXISTING UTILITIES PRIOR TO BEGINNING CONSTRUCTION AND TO NOTIFY THE ENGINEER OF ANY DIFFERENCES BETWEEN THE EXISTING CONDITIONS AND THOSE SHOWN ON THE PLANS. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE ALL LABOR AND MATERIALS NECESSARY TO CONNECT THE NEW SEWER SYSTEM AND STORM DRAIN SYSTEM TO THE EXISTING FACILITIES AND TO MAKE CERTAIN THEY ARE OPERATING CORRECTLY. • IV. STORM DRAIN CONSTRUCTION SP -2 THE HEADWALLS SHOWN ON THE PLANS AS N.I.C. WILL BE CONSTRUCTED BY "THE BLUFFS," THE DEVELOPER OF THE ADJACENT PROPERTY. THE CONTRACTOR SHALL COORDINATE HIS WORK WITH THE DEVELOPER 'S CONTRACTOR AND PROVIDE ADEQUATE NOTICE TO INSURE CON- TINUITY IN THE WORK AND TO AVOID ANY UNNECESSARY DELAYS. V. ELECTRIC SERVICE DUCT INSTALLATION THE CONTRACTOR SHALL INSTALL A 3" ASBESTOS CEMENT DUCT IN THE SEWER TRENCH, AS SHOWN ON THE PLANS, SO THAT THE 3" DUCT HAS A MINIMUM OF 30" COVER. THIS WORK SHALL BE DONE IN ACCORDANCE WITH THE SPECIFICATIONS AND REQUIREMENTS OF AND UNDER THE INSPECTION AND SUPERVISION OF THE SOUTHERN CALIFORNIA EDISON COMPANY. Vi. GRADING THE GRADING WORK CONSISTS OF FOUR SEPARATE OPERATIONS: 1. SITE PREPARATION 2. ROUGH GRADING OF PLAYGROUND AREA 3. ROUGH GRADING OF LOWER PARK AREA 4. FINISH GRADING. A. SITE PREPARATION. THE AREA SHOWN ON THE PLANS TO RECEIVE COMPACTED FILL SHALL BE CLEARED OF ALL TREES, STUMPS, LARGE ROOTS, BURIED LOGS, DECAYED VEGETABLE MATTER, HEAVY GROWTH OF GRASS AND WEEDS, AND ALL OTHER OBJECTIONABLE MATERIAL AND SCARIFIED FOR A MINIMUM DEPTH OF 6" PRIOR TO PLACING FILL. B. PLAYGROUND GRADING: THE ESTIMATED QUANTITY OF EXCAVATION IS INDICATED ON THE .PLANS AND IS ITEM NO. 9 ON THE PROPOSAL. THE BASIS OF PAYMENT WILL BE THE MEASUREMENT OF THE NEW ELEVATIONS AND CROSS - SECTIONS MADE AT THE COMPLETION OF THE ROUGH GRADING OPERATION COMPARED TO THE EXISTING CROSS- SECTIONS ON FILE IN THE OFFICE OF THE ENGINEER. THE CALCULATIONS WILL BE MADE USING THE AVERAGE END AREA METHOD, C. LOWER PARK GRADING: THE ROUGH GRADING WILL BE PERFORMED UNDER THE DIRECT SUPERVISION OF THE ENGINEER. IT IS ESTIMATED (SEE ITEM N0. 10 IN THE PROPOSAL) THAT THE WORK WILL TAKE 160 HOURS OF A FULLY OPERATED AND MAIN- TAINED D -6 CATERPILLAR TRACTOR EQUIPPED WITH RIPPER TEETH OR APPROVED EQUAL. D. FINISH GRADING: PAYMENT FOR THE FINISH GRADING WORK PREPARATORY TO LAND- SCAPING IN BOTH THE PLAYGROUND AREA AND THE LOWER PARK AREA WILL BE CON- SIDERED A PART OF THE LUMP SUM PRICE PAID FOR THE LANDSCAPING WORK, ITEM N0. 19 OF THE PROPOSAL. SEE SECTION VII -E OF THESE SPECIAL PROVISIONS. E. EXCAVATION: ALL EARTH AND ROCK SHALL BE EXCAVATED FROM THE CONSTRUCTION SITE TO THE LINES AND GRADES INDICATED BY THE GRADING PLANS. ALL UNSUITABLE MATERIAL SHALL BE EXCAVATED TO THE DEPTH ORDERED BY THE ENGINEER AND THE SPACE REFILLED WITH APPROVED MATERIAL. THE APPROVED MATERIAL SHALL BE PLACED AND COMPACTED IN LAYERS IN ACCORDANCE WITH THE APPLICABLE REQUIREMENTS HEREIN- AFTER SPECIFIED. 0 0 SP -3 F. SOIL TYPE: THE CONTRACTOR SHALL SATISFY HIMSELF AS TO THE KIND AND TYPE OF SOIL TO BE ENCOUNTERED. G. GRADING ON SITE ONLYZ THE GRADING OPERATIONS SHALL BE CONFINED STRICTLY TO THE SITE AND NO MATERIAL SHALL BE HAULED TO OR FROM THE SITE EXCEPT COM- PACTION WATER, UNLESS AUTHORIZATION IS FIRST OBTAINED FROM THE ENGINEER. H. REMOVAL OF BURIED PIPES: THE CONTRACTOR SHALL EXCAVATE, REMOVE, AND DIS- POSE OF ANY EXISTING CONDUITS THAT MAY BE ENCOUNTERED. ALL EXCAVATIONS SHALL BE FILLED AND COMPACTED TO A MINIMUM OF 90D RELATIVE COMPACTION. ALL ITEMS TO BE REMOVED SHALL BE TRANSPORTED AWAY FROM THE SITE AND DISPOSED OF AT THE SOLE EXPENSE OF THE CONTRACTOR. I. FINISHING SLOPES: ALL SLOPES SHALL BE FINISHED STRAIGHT, SMOOTH AND TRUE, FREE OF HUMPS AND HOLLOWS. 9 0 VII LANDSCAPING AND PLANTING WORK A. SPACING. PLANT MATERIAL TO BE PLACED IN ROWS DESIGNATED AREA. PLANT MATERIAL TO BE PLACED AS SHOWN ON THE PLANS, MAINTAINING AN UNEQUAL LANDSCAPE ARCHITECT. GROUND COVER MATERIAL S AND NOT PLANTED IN STRAIGHT ROWS. sP- 4 SHALL BE EQUALLY SPACED WITHIN THE IN A LOOSE If PATTERN SHALL BE SPACED SPACING AND /OR AS DIRECTED BY THE iALL BE PLACED IN A RANDOM PATTERN B. CONDITION. PLANTS SHALL BE SYMMETRICAL, TYPICAL FOR VARIETY AND SPECIES SOUND, HEALTHY, VIGOROUS, FREE FROM PLANT DISEASE, INSECT PESTS, OR THEIR EGGS, AND SHALL HAVE HEALTHY, NORMAL ROOT SYSTEMS, WELL FILLING THEIR CONTAINERS, BUT NOT TO THE POINT OF BEING ROOT BOUND. PLANTS SHALL NOT BE PRUNED PRIOR TO DELIVERY EXCEPT AS AUTHORIZED BY THE ENGINEER AND APPROVED BY THE LANDSCAPE ARCHITECT. IN NO CASE SHALL TREES BE TOPPED BEFORE DELIVERY. C. REJECTION. THE ENGINEER SHALL HAVE THE RIGHT TO REJECT PLANTS WHICH DO NOT MEET THE SPECIFIED CONDITIONS. D. SUBSTITUTIONS. SUBSTITUTIONS FOR THE INDICATED PLANT MATERIALS WILL NOT BE PER - MITTED, UNLESS CHANGES ARE APPROVED IN ADVANCE BY THE ENGINEER. SUBSTITUTIONS SHALL BE MADE AT NO ADDITIONAL COST TO THE CITY. IF ACCEPTED SUBSTITUTE MATERIALS ARE OF LESS VALUE THAN THOSE INDICATED OR SPECIFIED, THE CONTRACT PRICE WILL BE ADJUSTED IN ACCORDANCE WITH THE PROVISIONS OF THE CONTRACT. E. LANDSCAPE GRADING. AS PART OF LANDSCAPE GRADING, ALL LAWN AND PLANTING AREAS SHALL BE GRADED TO A SMOOTHS EVEN AND UNIFORM PLAIN WITH NO ABRUPT CHANGE OF SUR- FACE. SOIL AREAS ADJACENT TO THE BUILDINGS SHALL SLOPE AWAY FROM THE BUILDINGS AND SURFACE DRAINAGE SHALL BE DIRECTED AS 'INDICATED ON THE PLANS. F. MATERIALS. I. FOREST HUMUS - AS NITRIFIED FOREST HUMUS BY SEQUOIA FOREST PRODUCTS, ORANGE, CALIFORNIA. m 2. IRON SULFATE - TESTING 20% IRON AND 12% COMBINED SULFUR, PLUS OR MINUS I %. 3. NITROHUMUS - AS BLENDED BY KELLOGG COMPANY. 4. BLOOD MEAL - TESTING 11j,% N, PLUS OR MINUS 2�, AND I.S% P205) PLUS OR MINUS 0 - 57-7- 5. COMMERCIAL FERTILIZER - TESTING 16 -0 -0 (ALL ORGANIC NITROGEN) APPROVED BRAND BY ENGINEER. AT THE END OF PRESCRIBED 30 DAY MAINTENANCE PERIODS THE CON- TRACTOR SHALL DELIVER 15,000 LBS. OF COMMERCIAL FERTILIZER TO THE CITY IN MINIMUM SIZE BAGS OF 35 LBS. DELIVER TO CITY CORPORATION YARD AT 592 SUPER- IOR AVENUE, NEWPORT BEACH, CALIFORNIA. 6. SEED. A. LAWN SEED - SHALL BE OF THE FOLLOWING QUALITY AND MIXTURE: PROPORTION GERMI- NAME BY WEIGHT PURITY NATION POA PRATENSIS - NEWPORT BLUE- GRASS 25 LB. PER BUSHEL GRADE 70 90 85 0 0 SP -5 A. LAWN SEED (CONT'D) PROPORTION GERMI- NAME BY WEIGHT PURITY NATION FESTUCA RUBRA COMMUTATA (CHEWINGS RED FESCUE) 25 90 85 AGROSTIS ALBA (RED TOP) 5 85 85 B. LAWN SEED MIXTURE - SHALL BE PREMIXED BY A MECHANICAL MIXER. ALL SEED SHALL BE CERTIFIED AND GUARANTEED BY THE CONTRACTOR AS TO PURITY AND GERMINATION. 7. TOP SOIL - SHALL BE TAKEN FROM THE WORK SITE AND SHALL BE FREE FROM ROCKS OVERT INCH DIAMETER, WEED PLANTS, LUMBER CUTTINGS, OR TRASH. 8. TREE STAKES IS T TAKES - SHALL BE 2 X 2 INCH SQUARE OF REDWOOD CONSTRUCTION HEARTS SOUND, AND O FOOT LONG WITH POINTED END. 9. TREE TIES - SHALL BE AT LEAST 1 -IL INCHES IN WIDTHS RUBBER HOSE PROTECTED WIRES OR COMMERCIAL TREE TIE. TIES SHALL, BE APPROVED BY THE LANDSCAPE ARCH- ITECT AND THE TYPE SHALL BE UNIFORM THROUGHOUT THE PROJECT. 10. SEEDED GROUND COVERS - SHALL BE AS INDICATED ON PLAN AND SEEDED PER RATE IN- DICATED ON PLAN. SEED SHALL BE PLACED BETWEEN ALL PLANTS. 11. 5 GALLON CONTAINER STOCK - WILL BE ACCEPTABLE IN PLACE OF BARE ROOTS AS AP- PROVED BY THE CITY. G. INSTALLATION OF PLANTS 1. SCHEDULING - PLANTING SHALL NOT COMMENCE UNTIL ALL CONSTRUCTION WORKS GRADING SOIL IMPROVEMENTS, AND SPRINKLER SYSTEM HAVE BEEN INSTALLED. 2. SETTING - PLANTS SHALL BEAR SAME RELATION TO SOIL LEVEL WHEN PLANTED AS THEY DID WHEN IN CONTAINER. EACH PLANT SHALL BE PLACED IN CENTER OF PLANT PIT. 3. PLANT PITS - PLANT PITS SHALL BE DUG IN SQUARE FORMS LEVEL BOTTOMS, WIDTH TWICE THE DIAMETER OF ROOT BALL AND 12 INCHES DEEPER THAN LENGTH OF ROOT BALL. I4. PIT BACKFILL A. EACH PLANT PIT SHALL BE BACKFILLED WITH THE FOLLOWING PREPARED SOIL MIX: I GALLON SIZE MATERIAL: 2 PART NITROHUMUS I PART EXCAVATED SOIL FROM PIT y LB. BLOODMEAL 5 GALLON SIZE MATERIAL: I PART NITROHUMUS 14 PARTS EXCAVATED SOIL FROM PIT 1 LB. BLOODMEAL 0 0 SP -6 15 GALLON SIZE MATERIAL: 2 CUBIC FEET OF NITROHUMUS EXCAVATED SOIL FROM PIT AS REQUIRED 3 LBS. BLOODMEAL B. MIX THE REQUIRED INGREDIENTS AT THE PIT SITE BEFORE BACKFILLING. 5. BACKFILL PROCEDURE. THE CONTRACTOR SHALL FIRMLY TAMP THE PREPARED BACKFILL SOIL MIX INTO PLANT PITS AND A SHALLOW BASIN SHALL BE FORMED AROUND THE PLANT TO HOLD ENOUGH WATER TO SATURATE THE ROOT BALL AND BACKFILL MATERIAL. WATER PLANTS IMMEDIATELY AFTER PLANTING. DO NOT RAISE BASIN RIM ABOVE SURROUNDING GRADE. RAKE OUT ALL BASINS AROUND TREES IN LAWN BEFORE SOWING SEED. 6. CANS CUT. TO OPEN CANNED STOCK, THE ON TWO OPPOSITE SIDES WITH APPROVED PERMITTED. CONTRACTOR SHALL CUT EACH CAN VERTICALLY CAN - CUTTER. AN AXE OR SPACE WILL NOT BE 7. ESPALIER PLANTING. ESPALIER SHALL HAVE THE STAKE SUPPORT REMOVED WITHOUT DAMAGE TO PLANT, AND THE ESPALIER TRAINED UPON THE ADJACENT WALL OR SUPPORT AS DIRECTED BY ENGINEER. ESPALIER SHALL BE HELD TO ITS SUPPORT BY PLASTIC RIBBON OR COVERED WIRE. (VINES SHALL BE CONSIDERED AS ESPALIER PLANTS.) 8. STAKING OF TREES. CONSTRUCTION HEART AND THEN BACKFILLE THREE (3) APPROVED WAY DOWN STAKE AND E TREES SHALL BE SET IN THE PLANT PIT, ONE (1) 2X2X8 FOOT REDWOOD STAKE DRIVEN 18" TO FIRM SOIL NEXT TO ROOT BALL. WITH PREPARED SOIL MIX. SECURELY TIE TREE TO STAKE WITH TIES PER TREE. TIES SHALL. BE PLACED AT TOP OF STAKES MID- 18 If ABOVE GRADE. BOTH TREE AND STAKE SHALL BE VERTICAL. SEEDED LAWN AND GROUND COVER AREAS. A. SEEDED LAWN AND GROUND COVER AREAS SHALL HAVE THE FOLLOWING MATERIAL TILLED INTO THE TOP FOUR (4) INCHES OF SOIL AT A RATE PER 1000 SQ. FT. AS PART OF FINAL LANDSCAPE GRADING OPERATION: ONE (1) CUBIC YARD FOREST HUMUS TWENTY.(ZO) POUNDS IRON SULFATE TWENTY -FIVE (25) POUNDS COMMERCIAL FERTILIZER B. THE CONTRACTOR SHALL TOP DRESS SEEDED LAWN AREAS WITH AN EIGHTH 0/8) INCH OF FOREST HUMUS EVENLY DISTRIBUTED. CONTRACTOR MAY INCREASE THE DEPTH OF TOP DRESSING TO ONE- QUARTER (1/4) INCH IF SO DESIRED DURING EXTREMELY HOT WEATHER TO PROTECT AGAINST DRYING OUT AND TO REDUCE MAIN- TENANCE TIME. C. THE CONTRACTOR SHALL TOP DRESS SHRUB AND GROUND COVER AREAS WITH ONE (1) CUBIC YARD FOREST HUMUS PER 1000 SQ. FT. AFTER ALL PLANTING IS COMPLETED. IO. GROUND COVER PLANTING. A. ROOTED CUTTINGS SHALL BE PLANTED SUFFICIENTLY DEEP TO COVER ALL ROOTS AND SPACED AS SPECIFIED ON LANDSCAPE PLAN. SP- 7 10. GROUND COVER PLANTING (CONT'D) B. GROUND COVER PLANTS (ROOTED CUTTINGS) SHALL HAVE BEEN GROWN IN FLATS AND SHALL REMAIN IN THOSE FLATS UNTIL TIME FOR TRANSPLANTING. AT TIME OF TRANSPLANTING, THE FLAT SOIL SHALL CONTAIN SUFFICIENT MOISTURE SO THAT THE SOIL DOES NOT FALL APART WHEN LIFTING PLANTS FROM THE FLAT. EACH PLANT SHALL BE PLANTED WITH ITS PROPORTIONATE AMOUNT OF THE FLAT SOIL IN A MANNER THAT WILL INSURE A MINIMUM OF DISTURBANCE TO THE ROOT SYSTEM. C. ROOTED CUTTINGS SHALL NOT BE ALLOWED TO DRY OUT BEFORE OR WHILE BEING PLANTED. WILTED PLANTS WILL NOT BE ACCEPTED. D. THE CONTRACTOR SHALL FIRMLY PLACE EARTH AROUND EACH PLANT $O THAT ALL AIR POCKETS ARE FORCED OUT. E. THE SEED MIX FOR GROUND COVER AND APPLICATION RATE IS SHOWN ON THE PLANS. 11. SEEDED LAWN. A. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO MAKE THE ENTIRE LAWN AREA SMOOTH AND EVEN AND TO INSURE THAT FINISH GRADES SHALL BE GENERALLY ONE INCH BELOW THE SURFACE OF WALKS, CURBS, PAVED AREAS, AND YARD BOXES IN ALL CASES WITHOUT ABRUPT CHANGES IN GRADE. B. .JUST PRIOR TO SOWING THE SEED, THE SURFACE OF THE AREA TO BE PLANTED SHALL BE SUFFICIENTLY LOOSE AND FRIABLE TO RECEIVE THE SEED. THE LAWN SHALL BE SOWN EVENLY AT THE RATE OF FIVE POUNDS OF SEED MIXTURE TO EACH 1000 SQU. FT. OF LAWN AREA. DURING THE SOWING, CARE SHALL BE EXERCISED TO KEEP THE SEED MIXTURE UNIFORM, AVOIDING UNEVEN DISTRIBUTION OF VARIETIES. C. FOLLOWING THE SOWING OF SEED AND APPLICATION OF TOP DRESSING, WATER SHALL BE APPLIED BY A GENTLE SPRAYS AND THE AREAS KEPT MOIST BUT NOT GLISTENING WET UNTIL TIME FOR THE FIRST CUTTING. THE AREAS SHALL THEN BE ALLOWED TO DRY SUFFICIENTLY TO ALLOW ROLLING WITH AN APPROXIMATELY 200 POUND WATER WEIGHT ROLLERS AND THE AREAS ROLLED SUFFICIENTLY TO COMPACT THE SOIL AROUND THE GRASS ROOTS AND TO PROVIDE A FIRM SMOOTH MOWING SURFACE. THE GRASS SHALL THEN BE MOWED THE DAY FOLLOWING THE ROLLING OPERATION. D. IF, AT THE TIME OF THE FIRST MOWING, DEPRESSIONS HAVE DEVELOPED ON THE LAWN SURFACES THESE DEPRESSIONS SHALL BE FILLED WITH APPROVED TOPSOIL, LIGHTLY COMPACTED AND BROUGHT UP TO SPECIFIED GRADE. THESE FILLED AREAS SHALL THEN BE SEEDED AS PREVIOUSLY SPECIFIED. E. IF ANY LAWN AREAS ARE PLANTED PRIOR TO THE PLANTING OF TREES, SHRUBS, OR OTHER PLANTS, THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE TO THE LAWN CAUSED BY HIS OPERATIONS IN PLANTING THE TREES, SHRUBS, OR OTHER PLANTS AND ANY DAMAGE SHALL BE REPAIRED BY THE CONTRACTOR AT HIS OWN EXPENSE. H. LANDSCAPE SPRINKLER SYSTEM I. MATERIALS A. COPPER TUBING I. COPPER TUBING SHALL BE HARD TEMPERED TYPE "K ". MR A. COPPER TUBING (CONT'D) 2. COPPER FILLINGS SHALL BE REAMED WROUGHT COPPER OR CAST BRONZE SOLDER JOINT AND SHALL COMPLY WITH A.S.A. SPECIFICATIONS 8.16.22. 3. JOINTS FOR SOLDER FITTINGS SHALL BE MADE WITH A NON- CORROSIVE PASTE FLUX AND SOLID STRING OR WIRE SOLDER COMPOSED OF FIFTY (50) PERCENT TIN AND FIFTY (50) PERCENT LEAD. CORED SOLDER WILL NOT_SE.PERMITTED. B. ASBESTOS CEMENT PIPE PRESSURE SUPPLY LINES THREE (3) INCHES AND LARGER: ASBESTOS CEMENT PIPE CONFORMING TO A.S.T.M. C 29 -55• 325' HEADS UNLESS OTHERWISE NOTED. 2. INSTALL ASBESTOS CEMENT PIPE AND ANCHOR IN ACCORDANCE WITH MANUFAC- TURER IS DIRECTIONS. 3. FITTINGS FOR ASBESTOS CEMENT PIPE: CAST IRON, INSTALLED ACCORDING TO MANUFACTURER'S RECOMMENDATIONS ON THE USE OF RUBBER RINGS FURNISHED WITH ASBESTOS CEMENT PIPE. C. PLASTIC PIPE PLASTIC PIPE: EXTRUDED FROM IDC� VIRGIN POLYVINYL CHLORIDE (PVC) TYPE 11, CLASS 2110 AS MANUFACTURED BY LASCO INDUSTRIES OR APPROVED EQUAL. 2. PLASTIC PIPE: INSPECTED, TESTED BY MANUFACTURER. SUBMIT CERTIFI- CATION TO ENGINEER THAT PIPE HAS PASSED FOLLOWING TESTS: A. TAKE 2" PIPE SAMPLE OF �EEACH SIZE OF MANUFACTURERS PIPE FROM FIELD AND IMMERSE IN 9-.f-4 A PURE ANHYDROUS ACETONE AT APPROXIMATELY 72.40 FOR 20 MINUTES. AT THE END OF TIMES NO EVIDENCE OF FLAKING OR DELAMINATION ON THE INNER OR OUTER WALLS OF THE PIPE SHALL SHOW. EVIDENCE OF SOFTENING AND SWELLING SHALL NOT CONSTITUTE FAILURE. B. FLATTEN 2" PIPE SAMPLE TO 40% OF ITS OUTSIDE DIAMETER BETWEEN PARALLEL PLATES OF PRESS WITHOUT SHOWING EVIDENCE OF CRACKING OR BREAKING. PIPE NOT PASSING THESE TESTS SHALL BE REJECTED. 3. ALL PLASTIC PIPE SHALL BE CONTINUOUSLY AND PERMANENTLY MARKED WITH THE FOLLOWING INFORMATION: MANUFACTURERS NAME, NOMINAL PIPE SIZE, PVC 2110, SCR STANDARD DIMENSION RATIO, OR THE PRESSURE RATING IN P.S.I.), N.S.F. 4. THE MANUFACTURER SHALL ALSO MARK THE DATE OF EXTRUSION ON PIPE. GATING: DONE IN CONJUCTION WITH RECORDS HELD BY MANUFACTURER FOR TWO YEARS, COVERING QUALITY CONTROL TESTS RAW MATERIAL BATCH NUMBER, AND OTHER INFORMATION DEEMED NECESSARY BY THE MANUFACTURER. 5. ALL PLASTIC PIPE ON THE NON- PRESSURE SIDE OF THE VALVE SHALL BE PVC 2110, SCHEDULE 40. 6. PLASTIC FITTINGS: PVC II, IPS., SCHEDULE 40, N.S.F. APPROVED AS MAN - FACTURED BY LASCO INDUSTRIES OR SLOANE MANUFACTURING CO. SOLVENT: TO BE 6793 AS MANUFACTURED BY INDUSTRIAL POLYCHEMICAL SERVICE COMPANY sP -9 C. PLASTIC PIPE (CONT'D) 7. MAKE ARRANGEMENTS FOR PLASTIC PIPE MANUFACTURERS REPRESENTATIVE TO BE AT JOB SITE AT THE START OF ASSEMBLY AND DURING INSTALLATIONS IF NEC- ESSARY TO INSTRUCT IN PROPER ASSEMBLY. D. GATE VALVES 1. GATE VALVES THREE (3) INCHES OR LARGER: CAST IRON, SOLID DISCS NON — RISING STEM TYPES EQUIPPED WITH A SQUARE NUT FOR OPERATION. Z. GATE VALVES TWO AND ONE —HALF (20 INCHES OR SMALLER: BRONZE, SOLID DISC, NON— RISING STEM TYPE, WITH— HANDLE FOR OPERATION. 3. HOUSE GATE VALVES IN CONCRETE BOX, MARKED "IRRIG. GATE ", BROOKS N0. 9 OR EQUAL. E. QUICK COUPLING VALVES Io QUICK COUPLING VALVES SO INDICATED TO BE INSTALLED ADJACENT TO WALKS) CURBS, ETC., SHALL BE WITHIN A TWELVE INCH (12 ") MAXIMUM OF SAME. Z. ALL QUICK COUPLING VALVES IN SHRUB AREAS SHALL BE INSTALLED THREE (3) INCHES ABOVE FINISH GRADE. 3. ALL QUICK COUPLING VALVES INSTALLED SHALL BE EQUIPPED WITH RUBBER COVERED TOPS, YELLOW IN COLOR. F. PRESSURE RELIEF VALVES — SHALL HAVE A RELIEF SETTING FOR 150 POUNDS. G. AUTOMATIC CONTROLLER 1. AT POINTS OF CONNECTION FOR THE SOURCE OF WATER FOR THE CONTROLLER, CONTRACTOR SHALL INSTALL STRAINERS OF THE SIZE INDICATED ON THE DRAWING. THE STRAINER SHALL BE SO INSTALLED THAT THE FLOW IN THE MAIN WILL HAVE A t, SELF— SCRUBBING" CLEANING ACTION. Z. CONTROLLER SHALL BE OF A PEDESTAL MOUNTED TYPE. 3. FROM POINT OF CONNECTIONS FOR THE SOURCE OF WATER TO THE CONTROLLER 5/16" O.D. COPPER SHALL BE USED. H. REMOTE CONTROL VALVES OTHER THAN UNDER HEAD TYPE) 1. CONTROL VALVES SHALL BE SPRING LOADED PACKLESS DIAPHRAGM ACTIVATED VALVES WITH IRON BODY AND BRONZE TRIM, OF A NORMALLY OPEN TYPE AND EQUIPPED WITH A FLOW CONTROL. Z. EACH REMOTE CONTROL VALVE SHALL BE HOUSED IN A CONCRETE VALVE BOX MARKED "R.C.V. ", BROOKS PRODUCTS INC. N0. 3 OR EQUAL. 1. CONTROL TUBING I.THE CONNECTIONS BETWEEN THE CONTROLLER AND THE REMOTE CONTROL VALVES SHALL BE MADE WITH y,to O.D. PLASTIC POLYVINYL CHLORIDE TUBING. A MINIMUM OF 24" EXPANSION LOOPS OF y" IMPOLENE TUBING SHALL BE PROVIDED AT EACH VALVE TO. PREVENT THE BACKFILL FROM DRAWING TUBING TOO TIGHT. 0 1. CONTROL TUBING (CONT'D) 0 SP- 10 2. TUBING SHALL OCCUPY THE SAME TRENCH AND SHALL BE INSTALLED ALONG THE SAME ROUTE AS THE PRESSURE SUPPLY LINES WHEREVER POSSIBLE. 3. WHERE MORE THAN ONE TUBING IS PLACED IN A TRENCH THE TUBING SHALL BE TAPED TOGETHER AT INTERVALS OF TWELVE (I2) FEET. 4. ALL FITTINGS USED FOR THE CONNECTION OF TUBING SHALL BE NEO -SEAL (NYLON) TUBE FITTINGS, AS MANUFACTURED BY IMPERIAL- EASTMAN CORP. J. ROTARY TYPE SPRINKLER HEADS (WITH VALVE IN HEAD) - ALL SPRINKLER HEADS INSTALLED IN LAWN AREAS SHALL BE INSTALLED 4" ABOVE FINISH GRADE. ALL HEADS SO INSTALLED SHALL BE LOWERED AT A LATER DATE. K. BACKFLOW PREVENTION UNIT - CONTRACTOR SHALL PROVIDE AND INSTALL: BACKFLOW PREVENTION UNIT IN ACCORDANCE WITH LEGEND AND DETAIL. L. WATER METER - CONTRACTOR SHALL PROVIDE AND INSTALL. NEW 3° HERS£Y CT MODELS IN ACCORDANCE WITH DETAILS SHOWN ON PLANS. M. EQUIPMENT TO BE FURNISHED - THE CONTRACTOR SHALL PROVIDE THE FOLLOWING TOOLS: I. FOUR (4) SETS OF WRENCHES FOR ADJUSTING, CLEANINGS AND DISASSEMBLING EACH TYPE OF SPRINKLER PROVIDED ON THE PROJECT. 2. FIVE (5) COUPLERS AND MATCHING HOSE SWIVELS. I. SITE CONDITIONS OF LANDSCAPE WORK I. ALL SCALED DIMENSIONS ARE APPROXIMATE. THE CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS ON THE SITE PRIOR TO PROCEEDING WITH WORK UNDER THIS CONTRACT. 2. EXTREME CARE SHALL BE EXERCISED IN EXCAVATING AND WORKING NEAR EXISTING UTIL- ITIES SHOWN ON DRAWINGS. CONTRACTOR SHALL BE RESPONSIBLE FOR DAMAGE TO ANY UTILITIES SHOWN ON THE DRAWINGS. 3. THE CONTRACTOR SHALL COORDINATE THE INSTALLATION OF ALL SPRINKLER MATERIALS, INCLUDING PIPES WITH THE LANDSCAPE PLANS SO THERE SHALL BE NO INTERFERENCE WITH OR DIFFICULTY IN PLANTING THE TREES, SHRUBS, OR OTHER PLANTINGS. J. LAYOUT - THE CONTRACTOR WILL BE RESPONSIBLE FOR COMPLETE LAYOUT OF ALL PRESSURE SUPPLY LINES ROUTING AND LOCATION OF SPRINKLER HEADS. K. GRADES - THE CONTRACTOR SHALL, BEFORE STARTING WORK ON THE SPRINKLER SYSTEMS CARE- FULLY CHECK ALL GRADES TO SATISFY HIMSELF THAT HE MAY SAFELY PROCEED WITH THE WORK. L. WATER SUPPLY - THE CONTRACTOR SHALL CONNECT TO OUTLET AS INDICATED ON THE PLANS. M. ELECTRICAL - ALL ELECTRICAL WORK SHALL BE IN ACCORDANCE WITH ALL LOCAL AND/OR COUNTY ORDINANCES PERTAINING THERETO. N. ASSEMBLIES OF UNDERGROUND PIPE I. THE ROUTING OF THE PRESSURE SUPPLY LINES AS INDICATED ON THE DRAWING IS DIA- GRAMMATIC. THE CONTRACTOR SHALL INSTALL LINES IN SUCH MANNER AS TO CONFORM Y 0 SP- 11 N. ASSEMBLIES OF UNDERGROUND PIPE (CONT'D) WITH THE VARIOUS DETAILS WITHOUT OFFSETTING THE VARIOUS ASSEMBLIES FROM THE PRESSURE SUPPLY LINE. Z. NO MULTIPLE ASSEMBLIES SHALL BE INSTALLED ON PLASTIC LINES. EACH ASSEMBLY SHALL BE PROVIDED WITH ITS OWN OUTLET. O. DETAIL DRAWINGS - ALL ASSEMBLIES SPECIFIED HEREIN SHALL BE INSTALLED IN ACCORDANCE WITH THE RESPECTIVE DETAIL. IN THE ABSENCE OF DETAIL DRAWINGS OR SPECIFICATIONS PERTAINING TO THE SPECIFIC ITEMS REQUIRED TO COMPLETE THE WORK, THE CONTRACTOR SHALL PERFORM SUCH WORK IN ACCORDANCE WITH THE BEST STANDARD PRACTICE AND TO THE SATISFACTION OF THE ENGINEER. P. LINE CLEARANCE - ALL LINES SHALL HAVE A MINIMUM CLEARANCE OF 6" FROM EACH OTHER, AND FROM LINES OF OTHER TRADES. PARALLEL. LINES SHALL BE SPACED 3' MINIMUM APART. Q. TRENCHES IN GENERAL 1. TRENCHES SHALL BE DUG STRAIGHT ON LINE AND THE PIPE SHALL HAVE THE CONTINUOUS SUPPORT OF THE DITCH BOTTOM AND SHALL BE LAID TO AN EVEN GRADE. TRENCHING EXCAVATION SHALL FOLLOW THE LAYOUT INDICATED ON THE DRAWINGS. Z. ALL PRESSURE SUPPLY LINES 3° AND LARGER: MINIMUM COVER OF 24". 3. ALL PRESSURE SUPPLY LINES ZZ" AND SMALLER: MINIMUM COVER OF 18". 4. ALL CONTROL TUBING SHALL HAVE A MINIMUM COVER OF 18". 5. ALL SPRINKLER LATERAL LINES SHALL HAVE A MINIMUM COVER OF 12", UNLESS OTHER- WISE REQUIRED. R. BACKFILLING - BACKFILL FOR TRENCHING SHALL BE COMPACTED TO DRY DENSITY EQUAL TO THE ADJACENT UNDISTURBED SOILS AND SHALL CONFORM TO THE ADJACENT GRADES WITHOUT DIPS, SUNKEN AREAS, HUMPS, OR OTHER IRREGULARITIES. INITIAL BACKFILL ON ALL LINES SHALL BE OF A FINE GRANULAR MATERIAL WITH NO FOREIGN MATTER LARGER THAN ONE -HALF (0 INCH IN SIZE- S. PRESSURE TEST 1. ALL PRESSURE LINES SHALL BE TESTED UNDER HYDROSTATIC PRESSURE OF 125 LBS. PER SQUARE INCH AND ALL NON-PRESSURE LINES SHALL BE TESTED UNDER THE.EXISTING STATIC PRESSURE, AND BOTH BE PROVEN WATERTIGHT. Z. PRESSURE SHALL BE SUSTAINED IN THE LINES FOR NOT LESS THAN FOUR (4) HOURS. IF LEAKS DEVELOP, THE JOINTS SHALL BE REPLACED AND THE TEST REPEATED UNTIL THE ENTIRE SYSTEM IS PROVEN WATERTIGHT. 3. TESTS SHALL BE OBSERVED AND APPROVED BY THE ENGINEER PRIOR TO BACKFILL. 4. UPON COMPLETION OF EACH PHASE OF THE WORK, THE CONTRACTOR SHALL CHECK AND AD- JUST EACH SPRINKLER HEAD TO MEET THE SITE REQUIREMENTS. T. LOWERING OF HEADS 1. ALL SPRINKLERS INSTALLED IN LAWN AREAS UNLESS OTHERWISE NOTED SHALL BE LOWERED TO FINISH GRADE WITHIN FIVE (5) DAYS FOLLOWING NOTIFICATION BY ENGINEER. A 0 0 SP -12 T. LOWERING OF HEADS (CONT'D) 2. AT THE TIME OF LOWERING HEADS, CONTRACTOR SHALL COMPLETELY CHECK AND ADJUST THE ENTIRE SYSTEM AND MAKE ANY NECESSARY REPAIRS THAT ARE NECESSARY TO COM- PLETE THIS WORK, 3. THE CONTRACTOR SHALL NOTIFY THE CITY AND THE LANDSCAPE ARCHITECT IN WRITING UPON COMPLETION OF THIS WORK. U. RECORD DRAWINGS THE CONTRACTOR SHALL RECORD ACCURATELY ON ONE SET OF BLACK AND WHITE PRINTS OF THE DRAWINGS ALL CHANGES IN THE WORK WHICH CONSTITUTE DEPARTURES FROM THE ORIGINAL CONTRACT DRAWINGS. 2. THE CONTRACTOR SHALL DIMENSION FROM TWO PERMANENT POINTS OF REFERENCE BUIL- DING CORNERS, SIDEWALK OR ROAD INTERSECTIONS, ETC,j THE LOCATION OF THE FOLLOWING ITEMS: _ A. CONNECTIONS TO EXISTING WATER LINES. B. GATE VALVES. C. THE ROUTING OF THE PRESSURE SUPPLY LINES. D. THE ROUTING OF THE DOMESTIC WATER LINES. E. SPRINKLER CONTROL VALVES. F. QUICK COUPLERS. G. PRESSURE RELIEF VALVES. H. ROUTING OF THE CONTROL TUBING. 3. UPON COMPLETION OF EACH INCREMENT OF WORKS THE CONTRACTOR SHALL TRANSFER ALL INFORMATION CONCERNING THE DIMENSIONS TO A CLEAR SET OF OZALID TRANSPARENCIES OF THE DRAWINGS. THE CHANGES AND DIMENSIONS SHALL BE RECORDED IN A LEGIBLE, WORKMANLIKE MANNER EQUAL IN DETAIL AND QUALITY TO THE ORIGINAL DRAWINGS AND ACCEPTABLE TO THE ENGINEER. 4. THE CONTRACTOR SHALL PROVIDE THE "AS- BUILT" DRAWINGS AT HIS EXPENSE. V. MAINTENANCE THE CONTRACTOR SHALL CONTINOUSLY PROTECT AND MAINTAIN ALL AREAS INCLUDED IN THE CONTRACT DURING THE PROGRESS OF THE WORK, THE MAINTENANCE PERIOD, AND UNTIL FINAL ACCEPTANCE OF THE WORK BY THE CITY. 2. AFTER ALL WORK INDICATED ON THE DRAWINGS OR HEREIN SPECIFIED HAS BEEN COM- PLETED, INSPECTED, AND APPROVED BY THE CITY, THE CONTRACTOR SHALL MAINTAIN ALL PLANTED AREAS BY MEANS OF CONTINUOUS WATERING WEEDING, ROLLING, MOWING RESEEDING, CULTIVATING, SPRAYING, MULCHING, TRIMMING, EDGING AND/OR ANY OTHER OPERATIONS NECESSARY FOR THEIR CARE AND UPKEEP, FOR A PERIOD OF NOT LESS THAN 30 DAYS. AT THE END OF THE MAINTENANCE PERIOD ALL PLANT MATERIALS SHALL BE IN A HEALTHY, GROWING CONDITION, AS DETERMINED BY THE ENGINEER. 3. ALL PLANTED AREAS SHALL BE KEPT FREE OF DEBRIS AND SHALL BE CULTIVATED AND WEEDED AT NOT MORE THAN 10 DAY INTERVALS. GRASS, WHEN 2 INCHES HIGH, SHALL BE IMMEDIATELY MOWED TO A I INCH HEIGHT AND SHALL BE MOWED WHENEVER GRASS REGROWS TO A 2 INCH HEIGHT. SP -13 V. MAINTENANCE (CONT'D) Y. AT COMPLETION OF THE MAINTENANCE PERIOD, ALL AREAS INCLUDED IN THE CONTRACT SHALL BE CLEAN AND FREE OF DEBRIS AND WEEDS ALL PLANT MATERIALS SHALL BE ALIVE, HEALTHY, AND FREE OF INFESTATION. ALL LAWN AREAS SHALL HAVE A COM- PLETE COVERAGE OF GRASS, WITHOUT BARE SPOTS, MOWED TO A 12„ HEIGHT. W. REPLACEMENTS - CONTRACTOR SHALL IMMEDIATELY REPLACE ANY AND ALL PLANT MATERIALS WHICH FOR ANY REASON DIE OR ARE DAMAGED WHILE UNDER HIS CARE. REPLACEMENT SHALL BE MADE WITH SEEDS SOD, AND/OR PLANTS AS INDICATED OR SPECIFIED FOR THE ORIGINAL PLANTING. X. GUARANTEE I. PLANT MATERIALS IN I GALLON AND 5 GALLON SIZES SHALL BE GUARANTEED BY THE CON- TRACTOR AS TO GROWTH AND HEALTH FOR A PERIOD OF 60 DAYS FOLLOWING ACCEPTANCE OF THE WORK BY THE CITY COUNCIL. THE TREES SHALL BE GUARANTEED BY THE CON- TRACTOR TO LIVE AND GROW IN AN ACCEPTABLE UPRIGHT POSITION FOR A PERIOD OF 6 MONTHS AFTER COMPLETION OF THE SPECIFIED MAINTENANCE PERIOD AND/OR FINAL AC- CEPTANCE BY THE CITY COUNCIL. PLANTS WHICH DIE OR LOSE MORE THAN 30% OF THEIR ORIGINAL LEAVES SHALL BE REPLACED UNDER THIS SECTION. (EXCEPT WITH DECIDUOUS PLANTS PLANTED DURING A DECIDUOUS PERIOD OF THE YEAR.) Z. PLANT MATERIALS FROM I GALLONS 24 INCH BOX AND LARGER, SHALL BE GUARANTEED FOR A PERIOD OF ONE YEAR FOLLOWING ACCEPTANCE OF THE WORK BY THE CITY COUNCIL. THE CONTRACTOR SHALL MAKE PERIODIC INSPECTIONS OF THE TREES DURING THE YEAR AND NOTIFY THE CITY OF ANY CULTURAL PROBLEMS BEARING UPON HIS GUARAN- TEE, IN WRITING. THE CONTRACTOR WILL BE RESPONSIBLE FOR CARE AND HANDLING OF BARE ROOT MATERIAL SUPPLIED BY CITY AND SHALL GUARANTEE SAME ONLY DURING THE MAINTENANCE PERIOD. 3. THE CONTRACTORS WITHIN 15 DAYS OF WRITTEN NOTIFICATION BY THE CITY, SHALL RE- MOVE AND REPLACE ALL GUARANTEED PLANT MATERIALS WHICH, FOR ANY REASON, FAIL TO MEET THE REQUIREMENTS OF THE GUARANTEES AS DETERMINED BY THE CITY. RE- PLACEMENT SHALL BE MADE WITH PLANT MATERIALS AS INDICATED OR SPECIFIED FOR THE FIRST PLANTING, AND ALL SUCH REPLACEMENT MATERIALS SHALL BE GUARANTEED AS SPECIFIED. Y. PLANT LIST BOTANICAL NAME COMMON NAME SIZE COMMENT SHRUBS: CEANOTHUS GRISEUS HORIZONTALIS CARMEL CREEPER ACACIA IATIFOLIA SIDNEY GOLDEN WATTLE MYOPORUM LEATUM MYOPORUM JUNIPERUS "ARMSTRONG[" ARMSTRONG JUNIPER BOUGAINVILLEA "ORANGEJKING 01 BOUGAINVILLEA JUNIPERUS SABINA TAMARISCIFOLLIA TAMARIX JUNIPER I- GALLON I- GALLON I- GALLON [-GALLON ]-GALLON PLANT 14' O.C. I- GALLON PLANT `4, O.C. TREES' ERYTHRINA CAFFRA CORAL TREE 15- GALLON EUCALYPTUS CITRIODORA LEMON- SCENTED GUM [-GALLON PINUS RADIATA MONTEREY PINE 5- GALLON Y a SP- 14 Y. PLANT LIST (CONTID) BOTANICAL NAME COMMON NAME SIZE COMMENT GROUND COVER: GAZANIA LEUCOLEANA TRAILING GAZANIA FLATS PLANT IB" O.C. HYMENOCYCLUS PURPOREA CROCEUS CROCEUM ICEPLANT CUTTINGS PLANT 10" O.C. (YELLOW) VINCA MINOR DWARF RUNNING MYRTLE FLATS PLANT 12" O.C. CEANOTHUS GRISEUS HORIZ. CARMEL CREEPER LINERS PLANT 41 O.C. ASPARAGUS SPRENGERL SPRENGER'S ASPARAGUS FLATS PLANT 24" O.C. BACCHARIS PILULARIS PROSTRATE COYOTE BUSH FLATS PLANT 24p" O.C. ROSMARINUS OFFICINALIS ROSEMARY FLATS PLANT IU'.' O.C. TRIFOLIUM REPEN5 WHITE DUTCH CLOVER SEED �# 1000 SQ. FT. LOTUS TENULS BIRDSFOOT TREFOIL SEED #1000 SQ. FT. ALYSSUM MARITIMUM ALYSSUM (WHITE) SEED 91000 SQ. FT. BELLIS PERENNIS ENGLISH DAISY SEED DRIFT IN LAWN Z. PLANT LIST (TO BE FURNISHED BY THE CITY) NOTE: PLANTS LISTED HEREON ARE STOCKED IN NURSERY AT THE BLUFFS) BOTANICAL NAME COMMON NAME SIZE COMMENT SHRUBS: ACACIA VERTICILLATA STAR ACACIA I- GALLON ACACIA LONGIFDIA FLORIBUNDA GROSSAMAR WATTLE I- GALLON DODONEA VISCOSA ATROPURPUREA HOPSEED 5- GALLON TREES: FICUS "FLORIDA" 16l, BOX FICUS "FLORIDA" 15- GALLON ERYTHRINA CAFFRA CORAL TREE 5- GALLON EUCALYPTUS POLYANTHEMOS SILVER DOLLAR GUM 1- GALLON SCHINUS TEREBINTHIFOLIUS BRAZILIAN PEPPER 5- GALLON PINUS HALEPENSIS ALEPPO PINE 24" BOX PINUS HALEPENSIS ALEPPO PINE I & 5 GALLON JUNIPERUS TORULOSA TWISTED JUNIPER I- GALLON EUCALYPTUS LEHMANII 1- GALLON PLATANUS RACEMOSA CALIFORNIA SYCAMORE BAREROOT POPOLUS NIGRA ITALICA POPLAR BAREROOT FRAXINUS VELUTINA MODESTO ASH BAREROOT T 0 0 SP -15 Vlll. PREFABRICATED RESTROOM STRUCTURE A. THE CONTRACTOR SHALL FURNISH AND INSTALL A STEEL RESTROOM BUILDING COMPLETE C WITH CAST ALUMINUM PLUMBING FIXTURES. THE CAST ALUMINUM PLUMBING FIXTURES SHALL BE EQUAL TO THOSE DESIGNED AND MANUFACTURED BY ALUMINUM PLUMBING FIXTURE CORPORATIONP BURLINGAMEp CALIFORNIA. B. MATERIALS 1. BUILDING. THE BUILDING SHALL BE "SUPER -SECUR COMFORT STATIONS" 77b BURLWA Y, BURLINGAME, CALIFORNIA, AND DISTRIBUTED BY PECK S PRODUCTS SOUTH GATE, CALIFORNIA. MODEL No. 11- 29 -ST. 2. SLAB. THE SLAB SHALL BE AS INDICATED ON DRAWING. 3. PLUMBING FIXTURES. PLUMBING FIXTURES SHALL BE OF CAST ALUMINUM ALLOYS WITH TENSILE STRENGTH OF 19,000 - 23,000 POUNDS PER SQUARE INCH HAVING A YIELD STRENGTH OF 0j 000 - 9 000 P.S.I., AND AN ELONGATION PER CENT IN TWO INCHES OF FROM � PER CENT TO 10 PER CENT, AND SHALL HAVE A WALL THICKNESS OF NOT LESS THAN 3/16 INCH. WATER CLOSETS SHALL BE EQUAL TO SUPER SECUR WARE "WALBOL" MODEL CS -300, WALL - MOUNTED AND SHALL HAVE BLOW -OUT JET, INTEGRAL SEATI WALL OUT - LET� CONCEALED INTEGRAL WATER INLET SPUD AND OUTLET FLANGE. THE ELONGATED TRAPWAY SHALL PASS A 22" SOLID BALL. WATER CLOSETS SHALL HAVE POSITIVE AFTER FILLS TRIPLE JETS RIM AND BOWL FLUSH. THE URINAL SHALL BE EQUAL TO SUPER SECUR WARE "ALUR" MODEL CS -600. THE LAVATORIES SHALL BE EQUAL TO SUPER SECUR WARE "TAYLOR" MODEL CS -500 INCLUDING B -5 -A FILLER VALVE. FLUSH VALVES FOR WATER CLOSETS AND URINALS ARE TO BE FURNISHED WITH THE FIXTURES. PLUMBING FIXTURES ARE TO BE MOUNTED USING SUPER SECUR WARE SECURITY FASTENERS. FINISH TO BE EQUAL TO SUPER SECUR WARE SURFACE COATING IN WHITE. 4. TOILET PARTITIONS. TOILET PARTITIONS SHALL BE 1" THICK WITH TWO SHEETS OF 20 GAUGE LEVEL GALVANIZED AND BONDERIZED STEEL FORMED AND WELDED TOGETHER BEFORE ATTACHING CONTINUOUS DIE DRAWN MOULDING ON ALL FOUR SIDES OF PANELS.. CORNERS TO BE MITERED WELDED, AND GROUND SMOOTH. FILLERS SHALL BE A PAD OF HEXAGONAL HONEY COMB EXPANDED TO 1" MAXIMUM CELL SIZE WITH PAPER ON BOTH SIDES 26 POUNDS AND GLUED TO INTERIOR OF FORMED SHEETS OF STEEL. DOORS TO BE SAME CON- STRUCTION AS,PANELS WITH 22 GAUGE LEVEL BONDERIZED AND GALVANIZED STEEL. 5. PLUMBING. ALL WATER PIPING SHALL BE TYPE OXIDIZED AND ANNEALED, WITH WROUGHT COPPER TO BE A 50 -50 SOLDER. ALL WASTE PIPING SH CAST BRASS DRAINAGE FITTINGS SOLDER JOINTS SANITARY SOIL, VENT AND WATER TREES ARE TO SHIPPED TO JOB SITE IN SOLID UNITS. "L" COPPER TUBING DE- FITTINGS. SOLDER JOINTS 4LL BE DWV COPPER AND TO BE 40 -60 SOLDER. ALL BE SHOP FABRICATED AND 6. TOILET MISCELLANEOUS, FIXTURES SHALL INCLUDE MOUNTING OF UNBREAK- ABLE MIRRORS WITH SECURITY FASTENERS AND TOILET PAPER DISPENSERS. sP -16 VIII. PREFABRICATED RESTROOM STRUCTURE (CONTO) 7. PAINTING. ALL EXPOSED GALVANIZED OR BASE METAL SHALL RECEIVE ONE COAT OF MATCHING METAL ENAMEL, COLOR SELECTED BY CITY. PAINTING SHALL BE PERFORMED AFTER COMPLETE ERECTION OF UNIT. METAL SHALL BE CLEANED OF OIL AND DIRT. PAINTING SHALL BE APPLIED AS RECOMMENDED BY PAINT MANU- FACTURER. 8. LIGHTING. CONTRACTOR SHALL MOUNT AND WIRE TWO (2) STONCO VCL -11GC BOX MOUNTED CEILING FIXTURES. PROVIDE 75 WATT LAMPS FOR EACH FIXTURE. SWITCH TO CENTRAL PHOTO - ELECTRIC CONTROL. CONDUIT SHALL BE METAL WITHIN BUILDING. ALL ELECTRICAL MATERIALS AND INSTALLATIONS SHALL BE IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH BUILDING CODE. IX. PLAYGROUND EQUIPMENT THE CONTRACTOR SHALL FURNISH AND INSTALL THE FOLLOWING PLAYGROUND EQUIPMENT: 1. ONE (1) HOODED SOFTBALL BACKSTOP, PERMANENT TYPE, .JAMISON 341 -333, OR EQUAL. 2. FOUR (Y) STANDARD SIZE BASEST INCLUDING HOME PLATE AND ONE (1) PITCHING RUBBER. X. LANDSCAPE LIGHTING 1. MATERIAL. THE CONTRACTOR SHALL USE STANDARD PVC CONDUIT AND WIRE SIZE PER CODE. 2. POWER SOURCE: THE CONTRACTOR SHALL PROVIDE POWER SOURCE INTO SITE AS SHOWN ON GRADING PLAN AND INSTALL PER GOVERNING CODES AND RESTRICTIONS. 3• IRRIGATION CONTROLLERS: THE CONTRACTOR SHALL PROVIDE POWER SOURCE TO IRRIGATION CONTROLLERS SHOWN ON IRRIGATION PLAN AND PROVIDE CONSTANT POWER WITHOUT INTERRUPTION FROM PHOTO- ELECTRIC SWITCH. THE CONTRACTOR IS TO INSTALL A SEPARATE MANUAL SAFETY SWITCH WITH SHIELD TO PROTECT AGAINST ACCIDENTALLY SWITCHING OFF. 11. FIXTURES: A. FIXTURES SHALL BE AS INDICATED ON LANDSCAPE PLANS SHALDA #583 WITH 75 WATT I.F. LAMP OR EQUAL. e. SWITCHING OF,WALK LIGHTS SHALL BE BY PHOTO- ELECTRIC SWITCH 1800 WATT INTERMATIC. C. FIXTURES SHALL BE SET IN A 12" X 12" CONCRETE CUBE WITH BELOW GRADE JUNCTION BOX. D. USE #10 TW WIRE. X. XI. xi 1. XIII XIV. LANDSCAPE LIGHTING (CONTD) 5. TESTING: CONTRACTOR SHALL THAT MAY BE REQUIRED BY THE GROUNDS AND SHORTS. �J sP -1 7 PROVIDE ALL INSTRUMENTS AND MAKE ALL TESTS ENGINEER. THE ENTIRE SYSTEM SHALL BE FREE OF 6. METERS AND SWITCHES: PROVIDE AND INSTALL ALL METERING DEVICES REQUIRED BY THE EDISON COMPANY. ENCLOSE ALL SWITCHING APPARATUS WITHIN AN APPROVED HEAVY DUTY STEEL BOX AT THE RESTROOM BUILDING. 7. ALL CONDUIT EXPOSED ABOVE GRADE SHALL BE STANDARD GALVANIZED IRON PIPE. SOIL TESTS. THE OPTIMUM MOISTURE AND DENSITY AND THE RELATIVE COMPACTION IN PLACE OF EACH TYPE OF SOIL USED IN THE FILL SHALL BE DETERMINED BY TESTS AS HEREINAFTER SPECIFIED. THE SOILS SHALL BE CLASSIFIED BY MECHANICAL ANALYSIS, ASTM DESIGNATION D422-51. OPTIMUM MOISUTRE AND DENSITY SHALL BE DETERMINED BY THE A.A.S.H.O. T99 -49 MODI- FIED METHOD. SAFETY REQUIREMENTS THE CONTRACTOR SHALL CONDUCT THE WORK WITH DUE REGARD TO ADEQUATE SAFETY AND SANI- TARY REQUIREMENTS AND SHALL MAINTAIN HIS PLANT AND EQUIPMENT IN SAFE CONDITION. HE SHALL CONFORM TO THE CURRENT SAFETY ENGINEERING PRACTICES AS SET FORTH IN THE MANUAL OF ACCIDENT PREVENTION IN CONSTRUCTIONS PUBLISHED BY THE ASSOCIATED GENERAL CONTRACTORS OF AMERICAS THE PUBLICATIONS OF THE NATIONAL SAFETY COUNCIL;AND WITH ALL APPLICABLE STATE AND LOCAL SAFETY AND SANITARY LAWS) REGULATIONS, AND ORDI- NANCES. HE SHALL PROVIDE ADEQUATE ILLUMINATION DURING NIGHT OPERATIONS. PRESERVATION.OF PROPERTY THE FACT THAT ANY PIPE, CABLE OR OTHER UNDERGROUND FACILITY IS NOT SHOWN ON THE PLANS SHALL NOT RELIEVE THE CONTRACTOR OF HIS RESPONSIBILITY TO ASCERTAIN THE EXISTENCE OF ANY UNDERGROUND UTILITIES OR FACILITIES WHICH MAY BE SUBJECT TO DAMAGE BY REASON OF THIS OPERATION. _ FULL COMPENSATION FOR FURNISHING ALL LABOR, MATERIALS TOOLS, AND EQUIPMENT, AND DOING ALL THE WORK INVOLVED IN PROTECTING PROPERTY AS ABOVE SPECIFIED WILL BE CONSIDERED TO BE INCLUDED IN THE PRICES PAID FOR VARIOUS CONTRACT ITEMS OF WORK AND NO ADDITIONAL COMPENSATION WILL BE MADE THEREFOR. CONSTRUCTION WATER IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO MAKE THE NECESSARY ARRANGE- MENTS FOR OBTAINING ANY AND ALL CONSTRUCTION WATER THAT IS NEEDED ON THE JOB. THE ENGINEER DOES NOT ASSUME ANY LIABILITY FOR ANY COST INCURRED BY THE CON- TRACTOR IN THE PROCUREMENT, TRANSPORTATION, OR USE OF ANY CONSTRUCTION WATER. XV. SETTING STAKES THE CONTRACTOR SHALL GIVE FORTY -EIGHT (48) HOURS NOTICE IN WRITING WHEN HE WILL REQUIRE THE SERVICE OF THE ENGINEER FOR LAYING, OUT ANY PORTION OF THE WORK. THE CONTRACTOR SHALL DIG ALL HOLES NECESSARY FOR LINE AND GRADE STAKES AND SHALL PRE- SERVE ALL STAKES SET FOR LINES GRADES, OR MEASUREMENTS OF THE WORK IN THEIR PROPER PLACES UNTIL AUTHORIZED TO REMOVE THEM BY THE ENGINEER. ANY EXPENSE IN- CURRED IN REPLACING SAID STAKES WHICH THE CONTRACTOR MAY HAVE FAILED TO PRESERVE SHALL BE BORNE BY THE COW RACTOR. XVI. INSPECTIONS SP- 18 A. THE CONTRACTOR SHALL GIVE 48 HOURS NOTICE AND SET APPOINTMENTS FOR ALL IN- SPECTIONS. . B. THE CONTRACTOR SHALL CALL FOR AN INSPECTION AFTER PLANTS ARE SET ABOUT AREA) BUT BEFORE PLANTING IS BEGUN. THE CONTRACTOR SHALL INSTALL PLANTS ACCORDING TO PLAN AND OVER SUFFICIENT AREA DETERMINED BY CONSTRUCTION PROCESS. THE LANDSCAPE ARCHITECT SHALL VERIFY PROPER PLACEMENT, ORIENTATIONS QUANTITY, AND QUALITY OF PLANT MATERIALS BEFORE PLANTING. C,. MID- INSPECTION SHALL BE CALLED FOR AT THE END OF ALL PLANTING OPERATIONS FOR THE PURPOSE OF DETERMINING COMPLIANCE WITH PLAN AND SPECIFICATION INTENTION, WORKMANSHIP AND CLEAN -UP. CONTRACTOR SHALL SECURE WRITTEN VERIFICATION OF INSPECTION DATE, ANY CORRECTIONS REQUIRED TO WORK, AND LIMITS OF INSPECTED AREA BEFORE BEGINNING THE DESCRIBED MAINTENANCE PERIOD. D. A FINAL INSPECTION SHALL BE MADE AT THE END OF THE MAINTENANCE PERIOD FOR FULL APPROVAL OF THE WORK AREA. E. IN THE EVENT THE CONTRACTOR REQUESTS INSPECTION OF WORK AND SAID WORK IS IN- COMPLETE) THE CONTRACTOR SHALL BE RESPONSIBLE FOR INSPECTION COST. F. FINAL INSPECTION SHALL BE MADE BY THE CITY AND THE LANDSCAPE ARCHITECT. XVII. PAYMENT WHEN APPLICABLE, THE PRICES BID FOR THE VARIOUS ITEMS OF WORK SHALL INCLUDE FULL COMPENSATION FOR ALL MATERIALS AND LABOR NECESSARY FOR CONSTRUCTION OF THE ITEM COMPLETE IN PLACE. PAYMENT FOR INCIDENTAL ITEMS OF WORK NOT SEPARATELY PROVIDED FOR IN THE PROPOSAL SHALL BE INCLUDED IN THE PRICE BID FOR OTHER ITEMS OF WORK. PAGE 5 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, BY MOTION ADOPTED SEPTEMBER 27, 1965 HAS AWARDED TO R. W. MCCLELLAN AND HEREINAFTER DESIGNATED AS THE "PRINCIPAL", A CONTRACT FOR GENERAL IMPROVEMENTS OF EASTBLUFF PUBLIC PARK IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS AND SPECIFICA- TIONS AND OTHER CONTRACT DOCUMENTS ON FILE IN THE OFFICE OF THE CITY CLERK- 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 PERFORMANCE OF THE WORK AGREED TO BE DONE, OR FOR ANY WORK OR LABOR DONE THEREON OF ANY KIND, THE SURETY ON THIS BOND WILL PAY THE SAME TO THE EXTENT HEREINAFTER SET FORTH: NOW, THEREFORE, WE R_ W. MC CLELLAN AND SONS AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE CONTRACTOR AND INDUSTRIAL INDEMNITY CD Y AS SURETY, ARE HELD FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF FORTY NINE THOUSAND, THREE HUNDRED, THIRTY FIVE AND 13/100 -- ---------- - - - - -- DOLLARS ($ 49,335.13 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 PERSON OR HIS SUBCONTRAC- TORS, 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 42o4 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. a I, PAGE 6 (LABOR AND MATERIAL BOND - CONTINUED) THIS BOND SHALL INURE TO THE BENEFIT OF ANY AND ALL PERSONS, COMPANIES AND CORPORATION ENTITLED TO FILE CLAIMS UNDER SECTION 1192.1 OF THE CODE OF CIVIL PROCEDURE SO AS TO GIVE A RIGHT OF ACTION TO THEM OR THEIR ASSIGNS IN ANY SUIT BROUGHT UPON THIS BOND, AS REQUIRED BY THE PROVISIONS OF SECTION 4205 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. AND THE SAID SURETY, FOR VALUE RECEIVED, HEREBY STI.PULATES 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 CONTRACTOR OR TO THE WORK OR TO THE SPECIFICATIONS. IN WITNESS WHEREOF, THIS INSTRUMENT HAS BEEN DULY EXECUTED BY THE PRINCIPAL AND SURETY ABOVE NAMED, ON THE 37th DAY OF S .PTEjMBF.R , 196_.5_. BOND NO. 25852 PREMIUM: Included Under Performance Bond This bond is issued in 4 counterparts. APPROV S TO FOR ITY AT ORNEY THIS BOND WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH BY MOTION ON DATE ATTEST: CITY CLERK -4 Lomas IN Dof I :� •�. Y (SEAL) Lj SEAL CONTRACTOR 1 n &IL • F URETY } i i State of CALIFORNIA .:: .... .: �..� ..: .. j ss. On SEPTEMBER .27 t 1965. Wore, me, the undetsip�ed,.. County of ORANGE 1 . a Notary Public of said county and state, personolly appeared. A. H. WEBBER .......................... ............................... known to me to be the Attorney of the INDUSTRIAL INDEMNITY aura F. f,; ON COMPANY, the Corporation that executed the within instrument, and Nr 2ri known to me to be the person who executed the said :instrument on Fn -d_�i= yin behalf of the Corporation therein named, and acknowledged to me blra:Ea �; .uu,Y that such Corporation executed the same. r • PAGE 7 ^+ G PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT, WHEREAS, THE CITY COUNCIL OF NEWPORT BEACH, STATE OF CALIFORNIA, BY MOTION ADOPTED SEPTEMBER 27, 1965 HAS AWARDED TO R. W. MCCLELLAN AND SONS HEREINAFTER DESIGNATED AS THE "PRINCIPAL"" A CONTRACT GENERAL IMPROVEMENTS OF EASTBLUFF PUBLIC PARK IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS AND SPECIFICA- TIONS AND OTHER CONTRACT DOCUMENTS NOW 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 A BOND FOR THE FAITHFUL PERFORMANCE OF SAID CONTRACT, NOW, THEREFORE, WE, R. W. MC CLELLAN AND SONS AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE "CONTRACTORn AND AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF FORTY NINE THOUSAND, THREE HUNDRED, ____..____ DOLLARS ($ 49,335.14 ), SAID SUM BEING EQUAL TO 0 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, CONDITIONS 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 VOIDS OTHERWISE IT SHALL REMAIN IN FULL FORCE AND VIRTUE. A (PERFORMANCE SONG - CONTINtmo) - AND SAID SURETY, FOR VALUE RECEtVE0j MERESY STIPULATES AND AGREES THAT NO CHANGE, EXT'ENStON OF TIME, ALTERATION OR ADDITION 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 CHANGE, EXTENSION OF TIME, ALTERATION OR ADDITION TO THE TERMS OF THE CONTRACT OR TO THE WORK OR TO THE SPECIFICATIONS. IN WITNESS WHEREOF., THIS INSTRUMENT HAS BEEN DULY-EXECUTED BY THE PRINCIPAL AND SURETY ABOVE NAMED, ON THE Za+F, DAY OF SEPTEMBER , 1965 . BOND id0. 25852 R. W_ MC CLELLAN AN^ SONS (SEAL) PRE14IUM: $592.00 '�y�t/ (SEAL) This bond is issued in GU , 4 counterparts. CONTRACTOR .. Y OMIPANY.(SEAL) (SEAL) 3URETYA, R. WEBBER, - Attorney APPROVED AS TO FORM: ITY ATlVmmcy s Corery of ORANGE: 0 O,$.It?T sl�ER 2% 1965 , "fore me, the undpr ¢.Natary. Pubtlt <of said courrty and state, personally appeared known to me to be the Attorney of. the 'INDUS.MAL INDEMNtTSF COMPANY, the Corporation that. executed the within. instrument,;' and'' known to me to be the person who executed. the said instrument.on.:. behalf of the Corporation therein named, and aoknowledyed`to me that such Corporation executed the same. ............................... .................t fiotar; Pumic D st-ta Cl Pr1il i;Z1 :. ^� is l)Yi.:62 .:Lvin . 0 O,$.It?T sl�ER 2% 1965 , "fore me, the undpr ¢.Natary. Pubtlt <of said courrty and state, personally appeared known to me to be the Attorney of. the 'INDUS.MAL INDEMNtTSF COMPANY, the Corporation that. executed the within. instrument,;' and'' known to me to be the person who executed. the said instrument.on.:. behalf of the Corporation therein named, and aoknowledyed`to me that such Corporation executed the same. • --f MAIL T0: M. Schrouder, City Clerk City of Newport Beach 3300 W. Newport Blvd. Newport Beach, California 92660 751 IL NOTICE OF COMPLETION PUBLIC WORKS BOOK 7888 FACE 561 To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on March 11. 1966 the Public Works project consisting of General improvements of Eastbluff Public Park on which R. W. McClellan & Sons was the contractor, and Industrial Tndenmi U Crn am was the surety, was completed. I, the undersigned, say: r' TTV !n L` T%TVWV P'r RFA r -T-T 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 March 29, 1966 at Newport Beach, California. VERIFICATION OF CITY I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on March 28, 1966 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 March 29. 1966 at Newport Bea h California. r , RECORDED AT REQUEST ORANGE COUNTY, CALIF. FREE ( 9.05 AM APR 1 1956 1 WYLIE CA. ME, Cm4 bcenW MARCH 289 1966 TO: CITY COUNCIL FROM- PUBLIC WORKS DIRECTOR SUBJECT- ACCEPTANCE OF CONSTRUCTION OF EASTBLUFF PUBLIC PARK IMPROVEMENTS (C -999) RECOMMENDATIONS,. 1. EXTEND THE TIME OF COMPLETION BY 60 DAYS. �• 13 2. ACCEPT THE WORK. 3. AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION. 14. AUTHORIZE THE CITY CLERK TO RELEASE THE BOND 35 DAYS AFTER NOTICE OF COMPLETION HAS BEEN FILED. DISCUSSION. THE CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENTS IN EASTBLUFF PUBLIC PARK. HAS BEEN COMPLETED TO THE SATISFACTION OF THE PUBLIC WORKS DEPARTMENT. THE BID PRICE WAS- $ 98,670.27 AMOUNT OF UNIT PRICE ITEMS CONSTRUCTED,. $ 97,527.147 AMOUNT OF CHANGE ORDERS,. $ 1,283.36 TOTAL CONTRACT COST,. s 98,810.83 I , AMOUNTED BUDGETED IN ACCOUNT #27- 7797 -oo4a $113,000.00 CHANGE ORDERS IN THE AMOUNT OF APPROXIMATELY $1,000.00 WERE NECESSARY IN ORDER TO PROVIDE MORE SATISFACTORY GRADING IN THE MIDDLE AND LOWER PARK AREAS. THE ORIGINAL PLAN HAD PROVIDED FOR ONLY MINIMUM GRADING IN THOSE AREAS BECAUSE THE PRELIM3- NARY ESTIMATES INDICATED THAT SUFFICIENT FUNDS MIGHT NOT BE AVAILABLE. THE REMAINDER WAS FOR CHANGES TO THE ELECTRICAL, SYSTEM REQUIRED BY THE EDISON COMPANY. UNIT PRICE ITEMS WERE REDUCED BECAUSE OF A CHANGE IN THE TYPE OF DRAINAGE CHANNEL CONSTRUCTED TO SUIT THE MODIFIED GRADING IN THE LOWER PARK AREA, AND BECAUSE A PORTION OF THE ELECTRICAL CONDUIT WAS MODIFIED AND PAID FOR BY CHANGE ORDER RATHER THAN AS A UNIT PRICE ITEM. IN ADDITION TO THE CONTRACT COST, APPROXIMATELY $10,500.00 WAS EXPENDED FOR ENGINEER- ING AND LANDSCAPE ARCHITECT FEES, AND FOR COMPACTION TESTING. THE CONTRACTOR IS R. W. MCCLELLAN AND SONS OF COSTA MESA, CALIFORNIA. THE ORIGINAL,DATE OF COMPLETION WAS JANUARY 13, 1966. THE WORK WAS COMPLETED BY MARCH 11, 1966. THERE WERE APPROXIMATELY. 30 DAYS WHEN THE CONTRACTOR COULD NOT WORK DUE TO RAIN OR WET GROUND. DUE TO THE COLD WINTER WEATHER, THE GRASS ,SEED WAS QUITE SLOW TO GERMINATE AND THE GROUND COVER PLANTS WERE SLOW TO START GROWTH. THE TIME EXTENSION IS RECOMMENDED FOR THESE REASONS. IT IS NOT FELT THAT THE CITY INCURRED ADDITIONAL EXPENSES AS A RESULT OF THE DELAY, J SEP DEVLIN P BLIC IRKS DIRECTOR GPD.VR APPROVED BY CITY CODN DATE � CIS ]96C� r, .. , NOTICE OF CLAIM AND STOP NOTICE TO.- City of Newport Beach Newport,Beach, California R. W. McClellan & §pns 151 Commercial Way Costa Mesa, California NOTICE 19 HEREBY GIVEN THAT SUPER SECUR COMFORT STATIONS, .a cofooration, has furnished all the materials for the installation _of­ A Prefabricated comfort station, Model 1129, under Contract #999 of the Citv of Newport Beach. It-is understood that the City of Newport Beach is the owner of the property. Said materials were furnished to the Eastbluff Public Park job, Newport Beach, at the instance and request of R. W. McClellan Sons by reason of an order placed by R. W. McClella n & Sonal the contractor of. the above-named owner. amount of the materials agreed to..be furnished was $41987.50 and the amount -of the materials already furnished is the amount of $4,087.50; $4,497.24 has been paid thereon; and the z amount oi'$490,;06 is now due, owning and unpaid. The original contractor for said work is R. W. McClellan & Sons. YOUR ARE HEREBY:NOTIFIED to t Y#t:hold from R W. McClellan & .�"Sonsj its agents., employees and assigns, and any person acting through or . on behalf of them, the amount of'$490.26, •to pay this claim. Dated: April 81 1966 SUPER SECUR COMFORT STATIONS, a corpora ion 13Y HUGH. ITZNER, Cb.mptroller _0A We M. WOLX I,JNT LAV! bk�ac D!r. Lt CERTIFICATE OF INSURA This certifies that the foll0 ng described insurance policies havewued to: Insured .............:..R• W. MC CLLAA 80N8 .. ....................t �. ............................... Address ............ ........ x,151 COMMERCIAL WAY CO TA MESA ...... ......... ............................. CALIF. Form of Insurance, Policy Number pate Limits of Liability Standard Covers" At As provided by Aw Workman's the Workmen's Compensation Law Which Applies Compensation Coverage Bt and Employers Liability 325,000 - Each Accident-Disease Comprehensive Gen 1. M O. L. T. ❑ Manufacturers' Contractors ❑ Liability CLP 69069 10/266 • Bodily Iniury Property Damage 200 000. - Each Person Eaa00d000! $00000. 100,000. Each Accident Aggregate ' Bodily Injury Property Damage 200,000• Automobile Each Person Liability 500000. 100, 000, Each Accident Each Accident Protective Each Person Each Accident Liability Each Accident Aggregate DESCRIPTION OF OPERATIONS II LOCATION OF OPERATIONS Sand and Gravel Dealers and Asphalt Paving Contractors 11 State of California It is hereby understood and agr ed that the Policy to which this certificate refers may not be oancelled, materially changed, nor the amount of coverage ther of reducted, nor the policy allowed to lapse until ten (10) days after receipt by the City Clerk of the City of Newport Be ch,City Ha11,Newport Beach,Calife, of a registered written notice f such cancellation or reduction in coverages • Absence of an entree in these spaces means that insurance is not afforded with respect to the coverages opposite thereto. This insurance is subject to all of the conditions, limitations, agreements and endorsements contained in and forming a part of the described policies. In the event of any material change in or cancellation of these policies written notice will be mailed to the party to whom this Certificate is addressed of such change or cancellation but no responsibility is assumed by reason of any failure to do so. Issued t o..CSty,,,pP,.Newgort...Beach,. City Hall ..............Neww t ..96&.6h ...... California Address...... ............................... ......... Dated thi ...... M .... clay of. .QC.:C'.! ...................... 19.....65 THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICA I URANCE COMPANY Orange C t n uranc gerldly ........ BY ... ... ... -. : z� GENERAL ENDORSEMENT It is agreed thet the City of Newport Beach, is named as an Additional Insured under this policy but solely as respects work performed by R.W.Mo0jollan & Sons for the City of Newport Beach under Job: General liprovements of Eastbluff Public Park, Contract #999. APPROVED AS TO FORM Date :.__ CITY, NEY�Q Nothing herein contained shall vary, alter, waive or extend any of the tertne, representations, conditions or agreements of the policy other than as above stated. To be attached to and forming a part of Policy No ....... M..P.. 69.0.69 ......................... issued to ........R.W.MC ... CLELLAN ... AND SONS by THE OHIO CASUALTY INSURANCE CO. ................... . This endorsement effecti e0 TO BEft , .... ... 1 ............. Re �ir.tJiat ..................... r .. ..... .. .... ............ Agent Prwidwt P.m 1218 7.59450M � End. No. Date T ed 10/1/65 1N STATE COMPENSATION INSURANCE FUND EXECUTIVE OFFICES - SAN FRANCISCO 94101 LOS ANGELES BRANCH OFFICE - 600 SO. LAFAYETTE PARK PLACE - LOS ANGELES 90054 September 10, 1965 City of Newport Beach CERTIFICATE OF WORKMEN'S 3300 Newport Boulevard Newport COMPENSATION INSURANCE Newport Beach, California THIS IS TO CERTIFY that we have issued a valid Workmen's Compensation Insurance Policy in a form approved by the Insurance Commissioner to the Employer named below for the policy period indicated. This Policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the Employer. We will also give you TEN days' advance notice should this Policy be cancelled prior to its normal expiration. & o � By Branch Manage Employer R. W. McClellan & Sons Job: East Bluff Park 151 Commercial Way Costa Mesa, California 147492 -64 10 -1 -64/65 mall :a3 L. w. �, DDD1331D 11 -D- DOM 0 Of- a. a- AMOUW I A014110 THWUG-Ht INTOU"VONAL DWISM" CA243 AnDRM.- VCAtftm- rm City 'O V* pmv SMWA %ock 31vd. IC This is the original wedill apomed by MAIL WOOPONk b"ClIv CiRlifixt a ❑ Thisrii . palled 4od , * by H W dely Available for such amount As has oat already base "Wed of Under such cable advke and MAY Oct be "shed * At-off, Wiss affactmd to And Ji a part of our iourespondeats witification, of such. cabla advka. Awtwb jointly 4onsfifulirig "ideate of the outstanding mem,umf of this credit. We hereby Authorize you to draw an t.la tW Calgorr4ilt ILS&, -41 0 sight for account of The 3JI%Ma in x"t U* ftrt*t, C"t4 XWA, CWIU=UI& up Egan aggregafe ernount of IVJMM-VKER'7. s11 111 10 Prefix to be. accompanied by: WO I Wdr =a. TX= a# gum X4 040 Tr AvONOM" IWx m mm I& TW 21mmiultam. $040 MUM "M 9= MOW'200 AM =-,&UWIk.JpAM 10% 17s 19 5, A&--AODM AW4W 4e 1463y. MI APPROV DO ASTO FORM F Drafts dremR, under this credit must bear the clause: "Drawn under United Car44m;b Bank low A>".100 LWai of Credif No.. Defect 2.3AM.. ". . . t The amount:" -of each ..draft 4.9oliateJ, t&*&Hw with the date a4 "got;"". must he "don" on Ak Letter 4f C4*OiL - r We hereby agres with the dra"n, ri"Alaraws and 6ona fide holders fief the drafts drawn under and In IrA -tow kirmilm of tools crftkW [Mall be doff he nomd: upon Oresmilation 46 the "wee, If pogo" on, or before i I—PON tot - X, -4, Certificate of Insuran r This is to certify that Hardware Mutua Casualty Company / Hardware Dealers Mutual Insurance Company has issued [o the insured named herein such and so many of the kinds of insurance as are indicated herein specific limits of liability and policy number, and that such insurance is in force to the end of the term shown on this certificat#. ❑ Policy No.(s) ........ ............................... �....... has been canceled and rewritten. ..................... This certificate rep certificate previously issue Issued at .�.A( ETA... DAR.�ARA ............. 4AL__.... ,. C Date......... 1.... 65 .............. ............................... ' ROLLO W MC CLULAN SR; ROLLO Wi ELLAN� Insured JR AND WILLIAM.0 CROSS DBA and Address MC CLELLAN & SONS 151 COMMERCIAL WAY LCOSTA MESA CAL J Kind of Workmen's Compensation General Liability Automobile Insurance Policy No.84_46812-01 Descrtptton Policy No. Term From: 10 1 6 From. From: of To: 10 1 6 To: To: Types of Coverage Provided: (] Premises - Operations CC Elevator 0 Owned Autos Described Below Insured C] Products _E] Contractual • CC Non -Owned Autos Owners & Contractors Protective 0 Hired Autos and dated Bodily Injury Bodily Injury Policy. Each Person Each Person Each Accident Each Accident Aggregate Products As provided by the Workmen's Com- Property Damage Property Damage Limits pensation Law Which Applies to the Each Accident Each Accident of Liability Employees. Aggregate Operations Aggregate Protective Bodily Injury d Property Damage Aggregate Products (Combined Limit) Aggregate Contractual Each Occurrence Bodily Injury & Property Damage (Combined Limit) CAL — ALL OPERATIONS Each Occurrence Aggregate If any Additional Interest, check here F1 and show Additional Interest on reverse side. If cancelation or change occurs during the term or terms of such policy or policies, and after the date of this Certificate, in such manner as to affect this Certificate, TEN DAYS written notice of such cancelation or change will be given to the firm or person named below, in accordance with whose requirements this Certificate is issued. Notice by regular mail addressed shall be sufficient compliance with this provision. r— CITY OF NEWPORT BEACH Name 3300 NEWPORT BLVD and NEWPORT BEACH CAL Address L 1 HARDWARE MUTUAL. CASUALTY COMPANY v resident Secretary HARDWARE DEALERS MUTUAL FIRE INSURANCEANY %'', J � - yJ$ja Presidew • •_Secretary .5 Model Yr. Trade Name and Model Type of Body Ident. or Serial No. Motor No. Descrtptton of Automobile(s) Insured *Coverage is provided for liability assumed by the named insured for the contract between the named insured and dated in accordance with the contractual liability endorsement attached to the policy and for other contracts as defined in the Policy. If cancelation or change occurs during the term or terms of such policy or policies, and after the date of this Certificate, in such manner as to affect this Certificate, TEN DAYS written notice of such cancelation or change will be given to the firm or person named below, in accordance with whose requirements this Certificate is issued. Notice by regular mail addressed shall be sufficient compliance with this provision. r— CITY OF NEWPORT BEACH Name 3300 NEWPORT BLVD and NEWPORT BEACH CAL Address L 1 HARDWARE MUTUAL. CASUALTY COMPANY v resident Secretary HARDWARE DEALERS MUTUAL FIRE INSURANCEANY %'', J � - yJ$ja Presidew • •_Secretary .5 c —g9 i 4 MARCH 28, 1966 TOe CITY COUNCIL, FROM PUBLIC WORKS DIRECTOR SUBJECT. ACCEPTANCE OF CONSTRUCTION OF EASTBLUFF PUBLIC PARK IMPROVEMENTS (C -999" RECOMMENDATIONS. I. EXTEND THE TIME OF COMPLETION BY 60 DAYS. �. 1-3 2. ACCEPT THE WORK. 3. AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETI ON. 4 AUTHORIZEE, THE CITY CLERK TO RELEASE THE BOND 35 DA')S AFTER NOTICE OF COMPLETION HAS BEEN FILED. DISCUSSION. THE CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENTS IN E437BLUF'F P,_ °BLIC. PARK. HAS BEEN COMPLETED TO THE SATISFACTION OF THE PUBLIC WORKS DEPARTMENT. THE BID PRICE WAS. $ 98,670.27 AMOUNT OF UNIT PRICE ITEMS CONSTRUCTED. $ 97,527.47 AMOUNT OF CHANGE ORDERS. $ 1,283-36 TOTAL CONTRACT COST. $ 98,81O.83 AMOUNTED BUDGETED IN ACCOUNT #27' 7797`0011. $113,000.00 CHANGE ORDERS IN THE AMOUNT OF APPROXIMATELY $1,000.00 WERE NECESSARY IN ORDER TO PROVIDE MORE SATISFACTORY GRADING IN THE MIDDLE AND LGYIEP. PARK AREAS. Tv.i: ORIGINAL PLAN HAD PROVIDED FOR ONLY MINIMUM GRADING IN THOSE AREAS BECAUSE THE PRELIMI- NARY' ESTIMATES INDICATED THAT SUFFICIENT FUNDS MIGHT NOT BE AVAILABLE- THE REMAINDER WAS FOR CHANGES TO THE ELECTRICAL, SYSTEM REQUIRED BY THE EDISON COMPANY. UN17 PRICE ITEMS WERE REDUCED BECAUSE OF A CHANGE IN THE TYPE OF DRAINAGE CHANNEL CONSTRUC'T'ED TO SUIT THE MODIFIED GRADING IN THE LOWER PARK AREA, AND BECAUSE A PORTION OF THE ELECTRICAL CONDUIT WAS MODIFIED AND PAID FOR BY CHANGE ORDER RATHER THAN AS A UNIT PRICE ITEM. CN ADDITION TO THE CONTRACT COST, APPROXIMATELY $10,50U.UO WAS EXPENDED FOR ENGINEER- ING AND LANDSCAPE ARCHITECT FEES, AND FOR COMPACTION TESTING. THE CONTRACTOR IS R. W. MCCLELLAN AND SONS OF COSTA MESA, CALIFOPNJA. THE ORIGINAL DATE OF COMPLETION WAS JANUARY 13, 1966. BY MARCH 11, 1966. THERE WERE APPROXIMATELY 30 DAYS WHEN THE CO WORK DUE TO RAIN OR WET GROUND. DUE TO THE COLD WINTER WEATHER, QUITE S °..0'W TO GERMINATE AND THE GROUND COVER PLANTS WERE SLOW TO EXTENSION IS RECOMMENDED FOR THESE REASONS. IT IS NOT FELT THAT ADDITIONAL EXPENSES AS A RESULT OF THE DELAY. EVLIN S DIRECTOR THE WORK WAS COMPLETED 4TRACTOR COULD NOT THE GRASS SEED WAS START GROWTH. THE TIME THE CITY INCURRED F IL: ITION: , CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT PROGRESS PAYMENT REQUEST NO. 7 (FINAL)IREVISE D, FOR PERIOD ENDING PROJECT: EASTBLUFF PUBLIC PARK IMPROVEMENTS BUDGET NO. 27-7797-oo4, CONTRACT NO. .999 MAY 4, 1966 .� d(iwwwV)T C': . ITEM No. I - CONTRACT ITEM CONTRACT. PRICE PERCENT COMPLETE AMOUNT EARNED ` 1 8" v. c. P. $ 3.23 /LF 248 LF $ 974.64 2 6" C. 1. P. SEWER 5.440/LF 4 LF 21.60 STANDARD CLEANOUT 96.00 EA. I_100% 96.00 3" A. C. ELEc. DUCT 1. /LF 1 _ _ 5 6 30" R.C.P. "B" 12.16/LF 475 LF 5,776. oo TYPE P. C. C. CHANNEL 2.25/LF 1,170LF 2632.50 TYPE "A" GUNITE CHANNEL 8.16/LF SITE PREPARATION 43.80/AC 13.7AC 600.06 9 EXCAVATION 0.51 /cY 1,300 cY 7,41o.00 10 ROUGH LANDSCAPE GRADING 15.50/HR. 160 HRS 2,480.00 11 2" A. C. PAVEMENT 0.106 /SF 174034 SF 1,805.60 12 U. R. B. 3.65 /TON 133 -73 T. I, 83.,11 1 PRIME COAT 4" 0. /GAL 408 GAL. ..30.56 1 P. C. C. DRIVEWAY 0.69 /SF 741 SF 511.29 15 2" X 6" R. W. HEADER 0.65 /LF 97 LF 64 583-05 16 REMOVE CURB AND GUTTER 1.00/ LF LF 64.00 1 TYPE "C" P. C. C. FLUME 0.54 /SF 114 SF 61.56 145 6" A. C. BERM 2.00 /LF 18 LF 6.00 19 LANDSCAPING WORK 64,440.00/LS 64,40.00 20 RESTROOM STRUCTURE 7,447.00 /LS 100% 7,447.00 21 PLAYGROUND EQUIPMENT 600.00 /LS I EA. 600.00 22 WALK LIGHTS 30.051EA 9 -100% 274-90 t. 97,527. 7 C.O. #1 1,057.00 R E C E I V E D C.o. #2 C.O. c.o. #3 500.00 16. 6 99, ol• 3 MAY 9 1966 PUBLIC WORKS DEPT, ORIGINAL CONTRACT $98'270:27 SEND PAYMENT TO: EXTRAS TO DATE $3 CONTRACT TO DATE 99,953.3 R. W. MCCLELLAN & SONS AMOUNT EARNED 99,401.83 151 COMMERCIAL WAY 8 COSTA MESA � CALIFORNIA LESS IOC RETENTION ^�q5 940.1 LESS PREVIOUS PAYMENTS - 60;666.18 AMOUNT DUE THIS REQUEST! 795.47 HEREBY CERTIFY THAT THE ABOVE AMOUNTS AND VALUES ARE CORRECT. SIGNED.,�- / ENG I NFCIR CITY OF NE&T BEACH - PUBLIC WORKS DEPART PROGRESS PAYMENT REQUEST NO. g FOR PERIOD ENDING y_ V PROJECT; BUDGET N0. CONTRACT NO. ITEM No. CONTRACT ITEM CONTRACT PRICE PERCENT COMPLETE AMOUNT EARNED ORIGINAL. CONTRACT ExTRAS T-) DATE CONTRACT To DA:r SEND PAYMENT TO: R.W. MCCLELLAN & SONS LEbs 1 % RF:lr $99,1F01.83 151 COMMERCIAL WAY Less IOC R009,alPANM COSTA NCOAS CALIFORNIA LESS �'Re"� IO�,s Ga,"n+EeaT � 89,461.65 A.M.uNr Dvc: T:±Is Revue_r 9,94o•1 I HEREB'r CF.r,7!Fl 'NAT THE ABOVE, AMOUNT$ AND VA'_UFS ARE CORRECTo SIGNED I 1/, SIGNED _ _ENGINES CCN "R „AC'T'OR BY CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ' . y - ilerr-r1rim NO. TO: EASTBLUFF PARK FILE., C -999 FROM: ASSISTANT CIVIL ENGINEER SUBJECT: REVISION OF PRICE FOR CHANGE ORDER NO. 1 DUE TO AN ERROR HAVING BEEN FOUND IN THE TOTAL COST FOR CHANGE ORDER NO. 1, THE FOLLOWING REVISIONS ARE TO BE APPLIED TO THAT CHANGE ORDER AND THE FINAL CONTRACT PRICE: ITEMS I THROUGH 4 = NO CHANGE ITEM 5: TOTAL AMOUNT OF "A" AND "B" CHANNEL IS AS SHOWN ON THE FINAL PAYMENT REQUEST SHEETI THEREFORE THERE WILL BE NO CHANGE IN DOLLAR AMOUNT ON THIS CHANGE ORDER FOR THIS ITEM. ITEM 6: NO CHANGE- SUMMARY% ITEM #I $ 0.00 ITEM #2 ',QHO0,.00 14 ITEM # .00 ITEM 500.00 ITEM #5 0.00 ITEM C.O. %7. REVISED TOTAL . #1 I057 60 ISO . ORIGINAL " " " 5R80 DIFFERENCE 591 -00 THE TOTAL REVISED PRICE FOR C -999 131 $99,401.83 G.P. DUNIOANp/4R. ASST. QiVIL ENGINEER GPD:NAJ i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTWAff CHANGE ORDER NUMBERS 3 CONTRACT 1 IMPROVEMENT OF EA08LUFF PUBLIC PARK CONTRACT NUMBER 1 9" CORTAA6TOR--. i -*: We kCCLELLAN & SON 1. MODIFY THE MAIN POWER DUCT.. PROPOSAL ITEM 14, AS FOLLOWS$ A. IN3TALL 65 LIN. FT. Of 4 -INCH A.C. DUCT UNDER VISTA DEL ORO. B. TRENCH AND BACKFILL ONLY FOR THE REMAINING DISTANCE FOR EDISON COMPANY DIRECT BURIAL CABLE. C. INCREASE THE DEPTH OF THE ENTIRE LENGTH FROM 30 INCHES.. AS SHOWN ON THE PLANS.. TO 46 INCHES AS REQUIRED BY ED150N. 30" TRENCH ONLY (225' @$0.35) $78.75 INCREASE DEPTH (290' 111 $0.17) 31.03 INCREASE DIAMETER (65# B #0.10) ` 15 P t . 44 PROPOSAL ITEM 14, 65, 0 0-13 .4 $207.17 2. PER THE REQUEST OF THE PARKA BEACHES.. AND RECREATION DIRECTOR, 193TALL A DUPLEX RECEPTACLE IN THE METER CABINET. RECEPTACLE SMALL BE OF +THE GROUNDED TYPE. + THE LUMP SUM PRICE FOR INSTALLING THE RECEPTACLE ISS 13.80 3. DUE TO THE EDISON POWER VAULT NOT HAVING SEEM INSTALLED AS INDICATED ON PLANS PRIOR TO PARK CONSTRUCTIONS CONSTRUCT A TEMPORARY POWER LINE AS DIRECTED. THE LUMP SUM PRICE FOR THIS TEMPORARY POWER LINT ISS $ 95.59 THE TOTAL COST OF THIS CHANGE ISS $316.56. R EC E I V E SIGNED , / DATE MAR IA 1966 UBLiC �rCj +KS DEPT. CONTRACTOPS Vv- fyr /MccCLF -LLAN & SONGS By DATE -/ CITY OF NEWPORT BEACH L. PUBLIC WORKS DEPARTMENT CHANGE ORDER NUMBER: CONTRACT: IMPROVEMENT OF EASTBLUFF PUBLIC PARK CONTRACT NUMBER: I 999 CONTRACTOR: R. W. MCCLELLAN & SONS 1. IN THE SPECIAL PROVISIONS, PAGE 4, PARAGRAPH F, ANY ALL - ORGANIC FERTILIZER TESTING I2 -5 -4 OR BETTER, I.E. 11 PAR EX FOR GREENS AND TEES" OR EQUAL MY BE USED. THIS ITEM WILL RESULT IN NO CHANGE IN THE CONTRACT PRICE. 2. SPECIAL PROVISIONS, PAGE 91 PARAGRAPH H, "VALCON HYDRAULIC SERIES" REMOTE CONTROL VALVES MAY BE USED. THIS ITEM WILL RESULT IN NO CHANGE 1N�T R ACT PRICE. dffd " 3. SPECIAL PROVISIONS, PAGE 8, PARAGRAPH 5, CHANGE PRESSURE SIDEpP,.V.C. PIPE FROM CLASS 160 TO SCHEDULE 40. THE COST OF THIS CHANGE IS $480.00. ,6 4. BID ITEM #10, 160 HOURS OF D -6 BULLDOZER RENTAL. PERFORM GRADING WITH EQUIP- MENT AS AUTHORIZED IN THE MIDDLE PARK AREA AS SHOWN ON GRADING PLAN REVISED I0- 12 -65. TOTAL COST NOT TO EXCEED $500.00 OVER'ORIGINAL BID AMOUNT FOR ITEM #10. DELETE: 160 HOURS D -6 BULLDOZER L $15.50/HR. = ADD: 64 HOURS D -6 BULLDOZER L $15.50 /HR. = 52 HOURS HANCOCK #846 SELFLOADER @ $18.00 /11R. 56 HOURS H=D-6 W /CAT SCRAPER Q $17.50 /HR. 8 HOURS FOREMAN W /PICKUP @ $9.00 /HR. = TOTAL ADDITIONAL COST FOR THIS ITEM: - $2,480.00 $ 992.00 936.00 90.00 72.00 $ 500.00 5. PER THE REVISED LOWER AREA GRADING PLAN DATED 10- 12 -65, DELETE 100 LIN. FT. OF TYPE "A" CHANNEL. ADD 100 LIN. FT. OF TYPE "B" CHANNEL. /\ n DELETE: 100 X $8.16 = ADD: 160 x $2.25 = NET REDUCTION $-816.00 225.00 $ 591.00 >. T l � CHANGE ORDER NUMBER: I PAGE 2 CONTRACT NUMBER: 999 6. REVISE DRIVEWAY FROM 4" P.C.C. AS SHOWN ON PROPOSAL FORM TO 6° P.C.C. FOR THE ADDITIONAL UNIT PRICE OF $0.105 SQ. FT. 741 SF @ $0.105 = ITEM # 1 2 6 TOTAL COST FOR CHANGE ORDER N0. I $ 77.8o $ 480.00 o S� $ 466.80 SIGNEDI- - - CONTRACTOORR/� / /x� /..W. McOLMLAN & SONS DATE Z — iS� —�I BY(k� , f)))f / / /R. % //� Co-Pnrtner DATE �f' /�� 1$ 0 0 CHANGE ORDER NUMBER CONTRACT: CONTRACT NUMBER CONTRACTOR: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IMPROVEMENT OF EASTBLUFF PUBLIC PARK R. W. MCCLELLAN & SONS 1. PERFORM ADDITIONAL GRADING IN THE EXTREME LOWER PARK AREA IN ORDER TO ROUND THE TOP AND TOE OF THE SLOPE. THE WORK SHALL BE DONE ON AN EQUIPMENT RENTAL BASIS AS DIRECTED BY THE ENGINEER. THE TOTAL COST OF THE WORK SHALL NOT EXCEED $500.00. THE EQUIPMENT AND HOURS WORKED ARE: 3y HOURS GRADE CHECKER °e $6.00 /HR. _ $ 31 HOURS D -6 BULLDOZER M $15.50/HR. = p11,9,,,.50 486.50 THE TOTAL COST OF THIS CHANGE IS: $500.00 S IGNEDg - - CONTRACTOR R.W. MCCCLILI" b SONS DATE /t - 1S` -Cl— BY�� /�, Co- Partner DATE��j %� /� /(� RECEIVED DEC 2 G 1965 PUBLIC woes DEPT. THE BLUFFS .. U��..j >.,.. , (% THRIFT CORNER P. O. Box 868 UiMWIT'8.8848 170 EAIIT 17TH SMIET COWTA MIDA CAUFOMIA STATEMENT September 2, 1966 --- -' ~ - -� City of Newport Beach 3300 Newport Boulevard Newport Beach, California Attention: Mr. D. W. Means Please make check payable to The Bluffs in the amount of $3,000.00, per agreement. /cd I Re: P. 0. No. 3067 Job: Street Improvement East Bluff Park Item Quantity Unit Price Total Type A curb and gutter 330 ft. 1.58 $521.40' 2" A.C. paving 6,066 sq. ft. .074 448.89 Aggregate base 145 tons 2.52 365.40 Prime Coat 109 Gal. .20 21.80 P.C.C. sidewalks 1,312 sq. £t. .32 419.84 Street lights 1 ea. 700.00 700.00 Std, city monuments 1/2 50.00 25.00 Excavate and compact 1,160 yds. .41 475.60 Site preparation Lump Lump 70.40 Engineering Lump Lump 431.20 TOTAL $3,479.53 Please make check payable to The Bluffs in the amount of $3,000.00, per agreement. /cd I 1 2 3 4 5 s 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (la) 0 0 Rtsaum = go. b225 A USM=09 OF TM CITY COMM W THA CITY a? T AWH AMUIN A CONVAM FOR THE QUIML uS'F813Ymms Or EASY" Pout rmm (CaineT go, 999) iaKRXAB, puraumt go the notice I nvitift Rids for work comsisting of the gamrsl fxprovamts of S"tbluff Public Park ie the City of Newpmt beach, in accordamee with the pUMS and SPOOL' €ieations bmtofora adopteds bids ware received On the Ind day of September, 19A5s and publicly opsasd amd declared; *ad Wl#aw, it appears that the lowest reopeaalble bidder therefor is R. W. McClellan and Sons s partmersbip; NQ, TMErms, RX IT UMLVED that the bid of R. We hcCiellen and Sans, a partnership, in the smanmt of $98,6 0,27 be accepted end tbtt the castsaat for the easstructXoo vark be awarded to said bidder. U IT FULUO AfSDLV&D that the U674 r a" City Claris ass hereby autheriasd and directed to execute a contract in aseordssaa with the speciticatiouss bid and this senrd sm behalf of the City r Newport Assaho and that the City Clark be dirsetod to furnish as executed copy to the successfal bidder. ATT T: Alta this day of SBRtesiber. IS*5. "w y SEPTEMBER 13, 1965 T0: CITY COUNCIL FROM: PUBLIC WORKS DIRECTOR SUBJECT: GENERAL IMPROVEMENTS OF EASTBLUFF PUBLIC PARK, CONTRACT NO. 999 RECOMMENDATIONS: 1. WAIVE IRREGULARITY REGARDING ITEM N0. '22 OF THE PROPOSAL. 2. ADOPT A RESOLUTION AWARDING THE CONTRACT TO R. W. MCCLELLAN AND SONS FOR $98,670.27 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT. DISCUSSION: FIVE BIDS WERE RECEIVED AND OPENED IN THE OFFICE OF THE CITY CLERK AT 10:30 A.M. ON SEPTEMBER 2, 1965- BIDDERS AMOUNT R. W. MCCLELLAN &. SONS $ 98,670.27* COSTA MESA SHAWN COMPANY 1o4,9o9.45 PLACENTIA JOHNSON LANDSCAPE COUNCIL: 106,399.15 COSTA MESA (I DISPOS� '�1.� 112,118.20 COXCO, INC. ac STANTON j- F L P f : -- JOHN W. MATHEWS, JR. xA 121,60o.60 REDLANDS * THIS BID INCLUDES ONE ITEM, ITEM NO. 220 IN WHICH THE UNIT PRICE WAS INCORRECTLY WRITTEN AS $3.05 EACH. THE UNIT PRICE HAS BEEN REVISED TO $30.50 EACH, WHICH WILL AGREE WITH THE TOTAL PRICE OF $274.50 WRITTEN IN THE PROPOSAL FOR THE NINE ITEMS. THE ENGINEER'S ESTIMATE WAS $100 EACH FOR THIS ITEM. THE LOW BID IS 6.0% MORE THAN THE ENGINEERS ESTIMATE OF $93,000.00. THE FOLLOWING IS A SUMMARY OF THE COSTS FOR THE PROJECT' p CONTRACT COST' 98)870.27 y p' CONTINGENCIES (5%) 3,829.73 $ 102,500.00 ENGINEERING FEE (INCLUDING STAKEOUT) $ 4,000.00 LANDSCAPE ARCHITECTS FEE 6,000.00 COMPACTION TESTS 500.00 TOTAL $ 113,000.00 i TO: CITY COUNCIL - 2. 9 -13 -65 SUBJ: GENERAL IMPROVEMENTS OF EASTBLUFF PUBLIC PARK (C -999) FUNDS FOR THE PROJECT WILL BE PROVIDED BY THE DEVELOPER, "THE BLUFFS�rr AS PER THE REIMBURSEMENT AGREEMENT, CONTRACT NO. 972. BASED UPON AN ESTIMATED FIGURE OF $113,,000.00, THERE WAS INCLUDED IN THE F.Y. 1965 -66 BUILDING EXCISE TAX FUND $31,b40.00 FOR THE FIRST AND SECOND PARTIAL PAYMENTS TO THE DEVELOPER. THE PRIME CONTRACTOR,, R. W. MCCLELLAN AND SONS, WHO HAS WORKED PREVIOUSLY FOR THE CITY. THE REFERENCES OF CONTRACTOR, ROY C. EARNETT, FOR LANDSCAPING AND IRRIGATION THE PARKS AND RECREATION DIRECTOR OF THE CITY OF RIVERSIDE BARNETT HIGHLY AND INDICATES THAT THE WORK FOR THE CITY OF QUALITY WORKMANSHIP AND GOOD CONTRACT PERFORMANCE. IS A LOCAL CONTRACTOR THE PRINCIPAL SUB - WORK HAVE BEEN CHECKED WITH HE RECOMMENDS MR. RIVERSIDE WAS DONE WITH THE PARK IMPROVEMENTS INCLUDED IN THE CONTRACT ARE A BASEBALL DIAMOND, DRAINAGE FACILITIES, RESTROOM FACILITIES, GRADING, A PARKING AREA, GROUND LIGHTING, AND OTHER OPEN AREAS WITH FULL LANDSCAPING AND AUTOMATIC IRRIGATION SYSTEM, WITH ADDITIONAL DRAINAGE FACILITIES TO BE CONSTRUCTED BY THE DEVELOPER. THE ESTIMATED DATE OF COMPLETION IS DECEMBER 20, 1965. r \ r SEP DE VLIN BLIC ORKS DIRECTOR ATTEST TO OPENING OF BIDS: � � G CI Y CLERK MJA:VR mm 11 11 i• IA i ti 2 i WE f� x i� tI I nay AWN ... i N �� R ^� A N IN \ `{.• �'Ca "gin =������Z�o�'.`��OnZn3,.:, a. e`,�0►t�ns��0 irk Nr aO�n i1�eC NVt `i IN \ O�OC4p A 34 \ Opp�p w O \ OUZO A N ^A10z N Q D Dzn� '.,-< ,r?, St ?, n'h p NN.000 owo 000wNNpvNi .\ o � z �W 0 00 �O oo vO gpOOpp o 0 0.-� % CZ o °o °o � O \\3 ONN ENO 0CNNn O`WJ Ov� ONV,O �OmO O V � 0 !VA 00 OpiaONppOW`WN °oo °000 z NN��oo� O N D oR T o�, o Z ao a o oHOO�wo$ °o� °o�ot�no oo�oka Z c 0 0 O Cm�N� z U ooh o 00 N N o oyo 0000AoNOO o0 0 00-�� R oo°o N o p o �000�p�15 o u,pp�n \OCaoo o A.A A oo JZ =�ka� O 00 0 0 o O\I a Otto � Cpl 0 0 O O I t I I I I nay AWN ... i �� f AUGUST 9., 1965 JS TO: CITY COUNCIL FROM: PUBLIC WORKS DIRECTOR SUBJECT: GENERAL IMPROVEMENTS OF EASTBLUFF PUBLIC PARK (CONTRACT NO. 999) RECOMMENDATIONS: 1. APPROVE THE PLANS AND SPECIFICATIONS. 2. AUTHORIZE THE CITY CLERK TO ADVERTISE FOR BIDS TO BE OPENED AT 10:30 A.M. ON SEPTEMBER 2, 1965. DISCUSSION: THE TOTAL ESTIMATED COST OF THE PROJECT, INCLUDING ENGINEERING AND ARCHITECTS FEES, IS $113,000. INCLUDED IN THE F.Y. 1965 -66 BUILDING EXCISE TAX FUND BUDGET IS $31,640 FOR THE FIRST AND SECOND PARTIAL PAYMENTS TO THE DEVELOPERS, "THE BLUFFS," WHICH WILL BE MADE UPON ACCEPTANCE OF THE COMPLETED WORK BY THE CITY COUNCIL, IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT BETWEEN THE "CITY" AND "THE BLUFFS"q DATED JUNE 17, 1965. THE PARK IMPROVEMENTS INCLUDE A BASEBALL DIAMOND, DRAINAGE FACILITIES, RESTROOM FACILITIES, GRADING, PARKING AREAS, GROUND LIGHTING, AND OTHER OPEN AREAS WITH FULL LANDSCAPING AND AUTOMATIC IRRIGATION SYSTEM. 'ADDITIONAL DRAINAGE FACILITIES WILL BE CONSTRUCTED BY THE DEVELOPER AT HIS EXPENSE IN ACCORDANCE WITH THE AGREEMENT BETWEEN THE "CITY" AND "THE BLUFFS". THE ESTIMATED DATE OF COMPLETION IS DECEMBER 20, 1965- 'H DE VLIN IC RKS DIRECTOR F14 si LIT ti W I � MY ci No rN ty t tk k a- tX z V44. N w m op lzs v IZ3 x xv M %t,4 N. qcz�r—,l 7t� Ak -" -tin -\V: M. kV An \A N t N 4 mp I I -- _ i r ri CV i N rte{ Q�, ..N Ul, N. I 1 1 CbC �O 110 N co • • ��pp. � N Imor{f. Y •I•. ... "Id Ni `NOMM� S� f r fi M 0 O 0. 0 V\t� rp M rt t i=t MI � m Milo M • ej • . SI o\ o o S o rn 1 t' IICU N I O\ I In I lfl 10 N h to O N ltd d. iN I., M}# O\I N �m I M M 0 � � yjr-' m cc) I ' GU ri • ri N N O ri W M� co 1• N i N gyp• i0 ri s 10-1 �.. • c I I -- _ i r ri CV i N rte{ Q�, ..N Ul, N. I 1 1 CbC �O 110 N co • • ��pp. � N Imor{f. Y •I•. ... "Id Ni `NOMM� S� f r fi M 0 O 0. 0 V\t� rp M rt t i=t MI � m Milo M • ej • . SI o\ o o S o rn 1 t' IICU N I O\ I In I lfl 10 N h to O N ltd d. iN I., M}# O\I I: 1 1; 1 : " D I .0 7. - :V. I U0 1 TT • I I� 'T J L. •' I N �m I I. 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I U0 1 TT • I I� 'T J L. •' I i a 1 - it Lii I i a THS:mec 6/16/65 REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1965, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and THE BLUFFS, a limited partnership, hereinafter referred to as "Devel- oper "; WITNESSETH• WHEREAS, a need exists in the Eastbluff area of the City of Newport Beach for a public park; and WHEREAS, The Irvine Company has conveyed to the City a park site consisting of 13.70 acres of unimproved land located in the Eastbluff area of the City which is shown on Exhibit A attached hereto and made a part of this agreement; and WHEREAS, Developer is in the process of building a planned residential community in the area surrounding said park site on land which it has leased from The Irvine Company; and WHEREAS, Developer is interested in having said park site improved as a public park as soon as possible and has submitted a proposal to City to loan the City sufficient funds to pay for the cost of improving said park site as a public park in accordance with the City's requirements and in conformity with the proposed development plan for Eastbluff Park which is attached hereto as Exhibit B and made a part of this agreement; and WHEREAS, the City has adopted Ordinance No. 1091, adding Chapter 8 to Article VI of the Newport Beach Municipal Code, which levies an excise tax on all new buildings constructed in the City and provides that the proceeds from the tax shall be paid into a special capital outlay fund which may be used for the purpose of constructing improvements in and equipping public parks; and WHEREAS, the City proposes to reimburse Developer for the funds advanced to the City for the improvement of the Eastbluff J Park site from the tax revenues accumulated in said capital outlay fund; NOW, THEREFORE, in consideration of the mutual promises and conditions herein contained, it is agreed between the parties as follows; 1. Developer agrees to design and to prepare plans and specifications for the development of a public park on the site shown on Exhibit A in conformity with the general plan of development as shown on Exhibit B. Developer will cause plans and specifications to be prepared for the following improvements; (a) Grading (b) Drainage (c) Automatic sprinkler system (d) Landscaping (e) Driveways, walks and paths (f) Restroom building with complete equipment and connections to public utilities (g) Baseball diamond and backstop (h) Ground lighting 2. The plans and specifications will be submitted to the City, together with cost estimates for each phase of the im- provement work. After review by the City administrative staff, the cost estimates, plans and specifications shall be submitted to the City Council for its consideration. I£ the cost estimates, plans and specifications are mutually acceptable to the City Coun- cil and the Developer, the City will then proceed to prepare the documents necessary to call for public bids for the improvement of Eastbluff Park, hereinafter called the project, which shall be subject to written final approval by the Developer. Following such approval, City will proceed to call for public bids for the project in accordance with the requirements of Section 1110 of the City Charter relating to contracts on public works. -2- a M 3. Either party shall have the right to terminate this agreement upon ten (10) days' written notice to the other party at any time prior to the written approval of the bid documents by the Developer. In the event of termination, the City shall incur no liability to reimburse the Developer for any costs it has expended and each party shall assume its own costs. 4. It is mutually agreed by the parties that Developer may submit a bid for the improvement project; however, the con- tract will be awarded to the lowest responsible bidder. The City Council reserves the right to reject all bids, if it determines that the amount of said bids is excessive, and to abandon the project or to order the plans and specifications revised. If the City Council orders the plans and specifications to be revised, the procedure outlined in paragraph 2 shall again be followed. 5. Upon the award of the contract for the construction of the improvements, the Developer shall pay to City a sum equiva- lent to the amount of money which the City is obligated to pay to the successful bidder for completion of the project. Payment to the City may be made by an irrevocable letter of credit in a form acceptable to the City Attorney. 6. Developer agrees to assume responsibility for the cost of the following portions of the drainage improvements shown on the plans: (a) 40 feet of pipe extending westerly from the westerly property line of Vista del Oro. (b) The outlet structure at the end of the pipe extending westerly from Vista del Oro. (c) The inlet structure at the westerly end of the park. (d) The improvements carrying storm water from the inlet at the westerly end of the park to the bay. -3- N � The costs of the above drainage improvements will not be included in the amount to be reimbursed to Developer by the City. The cost of the remaining drainage improvements within the park is under- stood to be the responsibility of the City, and will be included in the amount to be reimbursed. 7. In consideration of the payment to be made to City by Developer, City agrees to diligently proceed to collect from the owners or developers of property within the City of Newport Beach the excise tax created by and set forth in Chapter 8 of Article VI of the Newport Beach Municipal Code and to reimburse Developer from the capital outlay fund described in Section 6810 of the Newport Beach Municipal Code, without interest or any other added charges of any kind, upon the following basis; (a) Upon completion of the improvements and their acceptance by the City Council, the City will pay the Developer an amount of money equivalent to 20% of the total sum loaned to City by the Developer. (b) The balance of the amount owed to the De- veloper shall be paid in ten (10) equal installments payable semiannually over a five -year period. The first semiannual payment shall be due and payable six (6) months after the acceptance of the completed improvements by the City Council. However, in the event there are not sufficient funds available in the capital outlay fund created by Section 6810 to com- pletely reimburse Developer within the aforesaid five - year period, the time for payment shall be extended until such funds become available. Developer may upon reasonable demand make an audit of the revenue collected as excise taxes pursuant to Chapter 8 of Article VI of the Municipal Code, at its sole expense, to determine -4- i 40 the amount of tax money collected by the City and the amount avail- able for reimbursement to it. City agrees that the hereinabove- described payments to Developer as they become due shall be a first charge upon said capital outlay fund and shall have priority in payment over any other projects which are being financed from said fund. 8. The obligation of the City under this agreement to reimburse Developer shall not be a lien, charge or encumbrance, legal or equitable, on any City property or upon any of the income receipts or other revenues of the City, other than those specific revenues derived from the excise tax placed upon property devel- opment by Chapter 8 of Article VI of the Municipal Code. 9. In entering into this agreement the parties recog- nize the fact that the present City Council cannot guarantee that a future City Council will not repeal the excise tax set forth in Chapter 8, Article VI, of the Newport Beach Municipal Code; they also acknowledge that said excise tax could be repealed by a vote of the people through an initiative measure or that said tax could be eliminated by a legal action in the courts. However, the City Council desires to state as a matter of policy that it recognizes a strong moral obligation on the part of the City to continue said excise tax in effect until the Developer is fully reimbursed for the funds loaned to the City in accordance with the terms of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. ATTEST: �T city Clerk APPROVED �/ASS� TO FORM: CityiAttorney CITY OF—�= NEWPORT BEACH By Mayor CITY THE BLUFFS �By Its Authorized Agent -5- DEVELOPER lo/ 0p/ a .vo scacr ooQr /o uOol BLOCK 2✓ /�l/CS 9UBOiriiS /O.t/ o iJ T B ~ II 4 9% h 7 SME e /3.70 AC 0/1*, .A94°C. BL! 7622 P6• /66 tT F Vi 055 30.33 "2 tt 11 II II I 1 I I .3C.rs'DOG S /TE I I II II II II I I I I I I I�I II I I, II II II II II o 'I 1 c7 € l5 o�d• OEG 90L. z CITY OF NEWPORT, E, PLEILIC WORKS DEPARIcs:4 E,4S 770L. DRAWN f1/. d• DATE APPROVED /? r WORKS DIRECTOR R.E. NO. ISM -DRAWING NO. 2 1W- EXHIBIT A CITY OF NEWPORT BEACH — �113UC iii DEPARTMENT Date AM•— =190 1* NO. To: COIMITTIZ ON Fowmia OF CAPITAL IIPROMLWIIT! PROM: PpsLlc Nous DIMtcTOR SUBJECT: STM DRAINAGE IN PROPOOW EAVOLUr ' RAN KcsKMATIONSI 1. THAT rut CITY PAY THE COST OF A 2* WIDE CONCRETE PILOT CNAW KI. FROII A POINT 2401 WtiftRLV Of VISTA Ott ONO TO T119 WCSTCRLY END OI TNt ►ARllj A TOTAL DISTANCE OF ABOUT #NO'. THE EITINATLO COST ID $110%o. 2. THAT AM INLET STRUCTURE AND UNDERONSWUS DRAIN St COMSTNUCTCO NY THE DEVELOPER AT TMC ORADt SNEAK LOCATED ABOUT *0 PROM TUC WESTERLY END DI THE PART• 3• THAT Yw DCVtLOPCN CONSTRbCT AN UNStNOROUND DRAIN AND OUTLET STRUCTURE FROM VISTA KI. ONO WESTERLY ftt. IF IT Is NECESSARY TO EXTEND THE DRAIN TO PROVIDE A USEADLK SALL DIAMOND TMAT TNe CITY PAY TOW COST OF EXTENSION. k. THAT TUC CITY PARTICIPATE IN TNt COST OF TIME STOW DRAIN FAON THE WESTERLY END OF TUC PAN TO THE BAY IN ACCORDANCE WITH THE PENCEMTAOC OF RUNOFF WATER COMTRIOUTCO NY TUC PARR. THE CITY SHANE OF THE 92TIMATCO COST •I TIK TCWWAHY SYSTEM WOULD ST $1160. JISCM IONS IT IS Nov PELT THAT THERE WOULD DE sCNOOUs OSJECTiONS To CARNYINO STORK WATtN ON THE SYIIFACt SINCE THE NUISANCE WOULD &C ELIMINATED BY Tilt PILOT CHANNEL AND YK DEPTH AND YCLOC ITT OF FLOW WOULD St SUCH As NOT TO CONSTOTUCC A &ARTY NALARS. T149 vttuiTY WOULD st ABOUT 21 - 3 FEET PER "coo AND in MAXiMIH Dam WOULD st ABOUT 6 INCN93 ADJACENt TO THE PILOT CNAOIKL DURING A DESIGN 10 YEAR &TORN• BECAUSE TIME OFFSITt SNA /MAO[ COMMIS FRMi TIME DEVELOPER /s PROPERTY CRCATts "It NiCO FM THE WHDERGROUND DRAIII& AT TNt CASYC&LY AND MCSTtRLY ENDS WE ►EEL TIK Kv9&OPCR sNOUIe PAY FOR TNt COST OF T%0" FACILITIES. CITY CON&TRUCTIOM OF TUC PILOT CNAHNEL Is SCCON W90 &[CAUSE IT IS FELT THERE WOULD it A IRED FOR A FACILITY OF THAT TYPE RtOAM "" OF WNCTNER OR MY OFFSITE DRAINAGE WERE CAM190 TMROIION TNt PANM. .IOStPN T. OCTLiN PvoLit 4IONNS OINECToo JIIIISt C -999 See Contract File for Topography Map