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1998-0820_COMPUTER SERVICE COMPANY_Specifications & Documents CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA _ SPECIFICATIONS AND CONTRACT DOCUMENTS DOWNTOWN LIGHTING PROGRAM PHASE 1 Members of the City Council GIL JONES, MAYOR DAVID SWERDLIN WYATT HART COLLENE CAMPBELL JOHN GREINER CITY MANAGER GEORGE SCARBOROUGH DIRECTOR OF ENGINEERING AND BUILDING WILLIAM M. HUBER AUGUST 1998 0:/97801/spec0l TABLE OF CONTENTS DOWNTOWN LIGHTING PROGRAM — PHASE 1 TITLE PAGE CONTRACT DOCUMENTS Notice Inviting Bids 1 Bid Proposal 3 Schedule of Work Items 6 Non-Collusion Affidavit 10 Designation of Sub-Contractors 11 Instructions to Bidders 12 Bid Bond BB-1 Performance Bond PB-1 Labor & Material Bond LM-1 CONTRACT Contract C1-05 SPECIAL PROVISIONS Work to be Done SP-1 Section 1 Standard Specifications SP-1 Section 2 Terms Defined SP-3 Section 3 Flow and Acceptance of Water SP-3 Section 4 Water SP-3 Section 5 Insurance and Overhead Costs SP-3 Section 6 Protection of Existing Utilities SP-4 Section 7 Protection of Private Property SP-4 Section 8 Construction Zone SP-4 Section 9 Pre-Construction Coordination Meeting SP-4 Section 10 National Pollutant Discharge Elimination System SP-5 Section 11 Preservation of Survey Monuments SP-5 Section 12 Monumentation Identification SP-6 Project Schedule Form DETAIL SPECIFICATIONS AND METHOD OF PAYMENT PROJECT INFORMATION AND CONSTRAINTS Project Location DS-1 Project Description DS-1 TABLE OF CONTENTS DOWNTOWN LIGHTING PROGRAM — PHASE 1 Work Area Designation DS-1 Limits of Construction and Project Phasing DS-1 List of Plans and Documents DS-2 Plan or Quantity Discrepancies, Errors or Omissions DS-2 As Built Record Drawings DS-2 Definition of Completion DS-3 Working Hours — Night Work Required DS-3 Project Constraints DS-3 Protection of Existing Facilities DS-4 Potential Un-Identified Facilities DS-5 Connections to Existing Facilities DS-5 Construction Field Office DS-5 Site Maintenance and Clean Up DS-5 Drainage Control and Maintenance DS-6 Survey Control DS-6 Shoring DS-6 Permits DS-6 Work Included in Bid Items DS-7 Quality of Materials and Workmanship DS-7 Final Pay Quantities DS-7 DETAILED EXPLANATION OF BID ITEMS Bid Item 1 Provide and Install City Notification Signs DS-7 Bid Item 2 Provide all Project Surveying DS-8 Bid Item 3 Identify and Locate all Existing Utilities DS-8 Bid Item 4 Lay-Out Alignment for Trenching DS-9 Bid Item 5 Provide all Required Traffic Control DS-10 Bid Item 6 Coordination of Delivery and Off-Site Storage of all Equipment and Materials DS-12 Bid Item 7 Off-Street Storage of All Equipment and Materials DS-12 Bid Item 8 Install Complete Lighting Systems DS-13 Bid Item 9 Remove Interfering Portions of Concrete or Reinforced Concrete Street Pavement found under AC Pavement DS-15 Bid Item 10 Sawcut, Remove and Replace AC Pavement DS-16 Bid Item 11 Cold Plane and Inlay AC Pavement DS-16 Bid Item 12 Re-Establish all Pavement Markings, Signing and Striping DS-17 TABLE OF CONTENTS DOWNTOWN LIGHTING PROGRAM — PHASE 1 Bid Item 13 Protect in Place or Remove and replace all Interferring Curb, Gutter, Sidewalks and Hardscape DS-17 Bid Item 14 Connect to and Coordinate with SDG&E DS-18 Bid Item 15 Remove and Replace Signs that Conflict with Light Installations DS-18 Bid Item 16 Remove Existing Mission Bell Street Lights and Poles and Deliver to the City DS-18 Bid Item 17 Restore and Maintain Safe Public Access after Contract Working Hours DS-19 Bid Item 18 Provide Archaelogical Monitoring and Reporting DS-19 Bid Item 19 Protect in Place or Remove and Re-Establish Street Centerline Ties and Survey Monuments DS-19 DOWNTOWN LIGHTING PROGRAM PHASE 1 NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 2nd day of November 1998, receive sealed proposals or bids for the Downtown Lighting Project Phase 1 in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1997 Edition, including all supplements therefore, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time herein before stated at the City Clerk's Office, San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan - Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Any person desiring to submit a bid proposal in response to this package must first purchase the bid package. Each proposal or bid must be accompanied by a certified check, cash, cashier's check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the total bid amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to the City of San Juan Capistrano in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a.m. on the 19th day of October 1998, in the City Council Chambers. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City of San Juan Capistrano shall not disseminate any records of the conference. Exclusive of written addenda and this pre-bid conference, the City of San Juan Capistrano shall not be responsible for any instructions, explanations, or interpretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one-hundred percent (100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the Standard Specifications. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that, which in the opinion of the City of San Juan Capistrano, will best serve the interests or needs of the City of San Juan Capistrano. A time limit of Forty Five (45) calendar days has been set for the completion of the work, from the date of the Notice to Proceed. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of plans and specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $30, non-refundable, is required for obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor's License Number and Classification of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. This Notice is hereby given and published by order of the Council members of the City of San Juan Capistrano and is dated this 20 day of �}G(C1�ilS /%9f A CITY CLE"I / CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA 2 BID PROPOSAL For the: DOWNTOWN LIGHTING PROGRAM — PHASE 1 From: Contractor, License No. & Classification To the Members of the City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1997 Edition, including all supplements therefore, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposed and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: Words Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City of San Juan Capistrano and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of Forty Five (45) calendar days. 3 All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals, given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the Members of the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bid who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is (Insert "$ cash," cashier's check, certified check or bidder's bond on the forms from pages BB-1 and BB-2 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. 4 The following is the name and place of business of the surety company, which will furnish the required bonds as surety if the work is awarded to the undersigned: Licensed in accordance with an act providing for the registration of contractors -- License No. and Classification Signature of Bidder: (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: Business Address Dated: Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: Signature of Bidder Dated: Telephone Number 5 SCHEDULE OF WORK ITEMS DOWNTOWN LIGHTING PROGRAM — PHASE 1 In accordance with Section 2-3.1 of the Standard Specifications, items of work preceded by the letter (s) are designated "Specialty Items". Specialty Items may be deducted from the contract price in computing the 50 percent of work to be performed by the Contractor's own organization. Item Approximate Work Items With Unit Price Unit Price Total Amount Quantity (Written in Words) (In Figures) 1 1 Ea. Provide & Install City Notification Sign for the unit price of $ dollars each: 2 L.S. Provide All Project Surveying for the lump sum price of dollars: $ 3 L.S. Identify and Locate All Existing Utilities for the lump sum price of dollars: $ 4 L.S. Lay-Out Alignment for Trenching for the lump sum price of dollars: $ (s) 5 L.S. Provide all Required Traffic Control for the lump sum price of dollars: $ 6 L.S. Coordination of Delivery of All Equipment and Materials for the lump sum price of dollars: $ 7 L.S. Off-Street Storage of All Equipment and Materials for the lump sum price of dollars: $ (s) 8 L.S. Install Complete Lighting Systems (lights to be supplied by City) for the lump sum price of dollars: $ 6 SCHEDULE OF WORK ITEMS DOWNTOWN LIGHTING PROGRAM — PHASE 1 (Continued) In accordance with Section 2-3.1 of the Standard Specifications, items of work preceded by the letter (s) are designated "Specialty Items". Specialty Items may be deducted from the contract price in computing the 50 percent of work to be performed by the Contractor's own organization. 9 700 C.F. Remove Interfering Portions of Concrete and/or Reinforced Concrete Street Pavement Found Under AC Pavement for the unit price of dollars per cubic foot: $ $ 10 L.S. Sawcut, Remove and Replace AC Pavement in street areas for the lump sum price of dollars: $ (s)11 21,000 S.F. Cold Plane and Inlay AC Pavement in street areas for the unit price of dollars per square foot: $ $ 12 L.S. Re-Establish All Pavement Markings, Signing and Striping for the lump sum price of dollars: $ 13 L.S. Protect In Place or Remove and Replace all Interfering Curb, Gutter, Sidewalks and Hardscape for the lump sum price of dollars: $ 14 •L.S. Connect to and Coordinate with SDG&E for the lump sum price of dollars: $ 15 1 Each NOT USED $ ZERO 16 2 Each Remove Existing Mission Bell Street Lights and Poles and Deliver to City for the unit price of dollars each: $ $ SCHEDULE OF WORK ITEMS DOWNTOWN LIGHTING PROGRAM — PHASE 1 (Continued) In accordance with Section 2-3.1 of the Standard Specifications, items of work preceded by the letter (s) are designated "Specialty Items". Specialty Items may be deducted from the contract price in computing the 50 percent of work to be performed by the Contractor's own organization. 17 L.S. Restore and Maintain Safe Public Access After Contract Working Hours for the lump sum price of dollars: $ 18 L.S. Provide Archaeological Monitoring and Reporting for the lump sum price of dollars: $ 19 L.S. Protect In Place or Remove and Re- Establish Street Centerline Ties and Survey Monuments for the lump sum price of dollars: $ Total Bid Price (Enter here and on Page 3) Words Figures 8 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ) SS. County of , being first duly sworn deposes and says that he is of , the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, _ association, organization or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. DATED: SIGNATURE On this the day of , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) subscribed to the within instrument, and acknowledge that executed it. WITNESS my hand and official seal. Notary Public in and for said State 9 DESIGNATION OF SUB-CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub-bids of the following listed sub-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 Engineer, and in accordance with the applicable provisions of the Specifications. It is understood • and agreed that all those portions of the work called for in the contract documents for which a sub-contractor is not listed will be performed by the undersigned through his forces. If no sub-contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub-contractor License No. Address Phone & Classification 1. 2. 3. 4. 5. 6. 7. 8. BIDDER'S NAME AUTHORIZED SIGNATURE 10 INSTRUCTION TO BIDDERS Securing Documents Plans, Specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids." Examination of Plans, Specifications and Site of Work The bidder is required to examine the site of work, the Proposal, the Plans and the Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1997 Edition including all supplements, very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the _ materials to be furnished and the requirements of the Contract Documents. The plans for the work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City of San Juan Capistrano or any of its officers or agents be liable for any loss sustained by the contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omissions from the drawings, specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly and fully set forth, or if the Engineer discovers errors, omissions, or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City of San Juan Capistrano will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. 11 Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures, the words shall govern. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required herein above. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City of San Juan Capistrano may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder shall list his proposed sub-contractors on the form accompanying the proposal in accordance with the provisions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City of San Juan Capistrano for such a sum of not less than ten percent (10%) of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City of San Juan Capistrano as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check'or bond, and the money represented thereby, shall remain the property of the City of San Juan Capistrano and, if the bidder shall fail to execute said contract, said surety will pay to the City of San Juan Capistrano the damages which the City of San Juan Capistrano may suffer by reason of such failure not exceeding the sum of ten percent (10%) of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. G. Bids shall be delivered to the City of San Juan Capistrano at the location stipulated on or before the day and hour set for the opening of bids, as herein before specified in the "Notice Inviting Bids." Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. 12 Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawal of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. Opening of Bid Proposals The City of San Juan Capistrano will, in open session, publicly open, examine and declare _ the bids at the time set forth in the "Notice Inviting Bids." Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of ninety (90) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the ninety (90) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids." The City of San Juan Capistrano, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. The bidder to whom the award is made shall execute two copies of the written contract with the City of San Juan Capistrano and furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after the bid opening date. The contract shall be made in the form adopted by the City of San Juan Capistrano. The release of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made upon the City of San Juan Capistrano's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. If the bidder to whom the award is made fails to enter the contract as herein provided, the award May be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. 13 Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract, Said bonds shall be secured from a surety company selected from the surety companies set forth in the standard specifications. Bonds must be submitted on the forms contained in these specifications. Time Performance The work shall be commenced within fifteen (15) calendar days from the date of issuance _ of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of Forty Five (45) calendar days from the date specified in the Notice to Proceed has been set for completion of the work. The bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages. Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. Workmen and Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City of San Juan Capistrano pursuant to said Code and as listed in the "Notice Inviting Bids." Construction Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. 14 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as PRINCIPAL, and as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $ • , for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 19__, for the construction of for the City of San Juan Capistrano, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (15) days after the agreement has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. BB-1 IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this day of , 19 , the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) PRINCIPAL BY: Title: ATTEST (If Corporation) Corporate Seal SURETY ATTEST BY: Title: Title APPROV I AS TO FORM: 3/4 John • Shaw, City • ttorney BB-2 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured heeeby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. PB-1 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this day of , 19 , at , California. PRINCIPAL APPROVED AS TO FORM (NOTARIZATION AND SEAL) 4 .1 g,S) 3•' N R. SHAW, CITY ATTORNEY SURETY (NOTARIZATION AND SEAL) PB-2 Premium included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to , License No. , hereinafter designated as "Principal", a contract for and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, 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 contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Principal, and , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of DOLLARS ($ ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter .3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. LM-1 CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and - hereinafter referred to as "CONTRACTOR." _ IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 1997 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of DOWNTOWN LIGHTING PROGRAM — PHASE 1 in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. c-i It is agreed that it would be impracticable and extremely difficult to fix the actual amount of damages, and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, two hundred fifty Dollars ($250) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any C-2 SUB-CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/ not limited to contractual period; $1 ,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set C-3 forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano DATED: BY: GIL JONES, MAYOR BY: CONTRACTOR, LICENSE NO. AND CLASSIFICATION ATTEST: Cheryl Johnson, City Clerk APPROVED AS TO FORM: John Shaw, City Attorney C-4 CITY OF SAN JUAN CAPISTRANO DOWNTOWN LIGHTING PROGRAM -- PHASE 1 SPECIAL PROVISIONS WORK TO BE DONE The contract work consists of the installation of seventeen street lights at the locations designated on the plans complete with all electrical systems necessary to make lighting systems operative. The work also includes but is not limited to the location of existing utilities, traffic control, trenching, installation of conduit, electrical supply and control systems, re-paving disrupted street areas, replacing existing improvements affected by the work, clean-up and all other tasks necessary to produce a complete job. SECTION 1 - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1997 Edition, hereinafter referred to as the Standard Specifications. The Contractor shall maintain a copy of this book on the job-site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Contract Termination "If at any time, in the opinion of the Director of Engineering and Building, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Director of Engineering and Building, within the time specified in such notice, the City of San Juan Capistrano, in any such case, shall have the power to terminate all or any portion of the contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City of San Juan Capistrano may designate. Upon such 1 termination, the Contractor's control shall terminate and thereupon the Members of the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, appliances, and plant, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City of San Juan Capistrano may deem SP-1 proper; or the Members of the City Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefore. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City of San Juan Capistrano; but such forfeiture will not release the Contractor or the sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited with the amount of monies so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operation of the contract and the completion of the work by the City of San Juan Capistrano as provided above, and the Contractor will be credited with any surplus remaining after all just claims for such completion have been paid." Change 2: Section 7-13 - Laws to be Observed Add: "All contractors and subcontractors shall comply with all sections of the Municipal Code of the City of San Juan Capistrano, especially Section: 6- 3.06(b), (c), (d) and (e) and shall secure the services of the City's exclusive solid waste hauler for their solid waste handling needs." Change 3: Section 8 - Facilities for City Personnel Delete this Section. Change 4: Section 2-9.3 - Survey Services The Contractor will perform and be responsible for the accuracy of survey adequate for construction. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Contractor at his expense. The Contractor shall dig all holes necessary for line and grade stakes. Unless Otherwise specified, stakes will be set and stationed by the Contractor for curbs, headers, sewers, storm drains, structures and rough grade and a corresponding cut or fill to finished grade (or flowline) indicated on a grade sheet. Change 5: Section 7-10.2 - Storage of Equipment and Materials in Public Streets Construction equipment and materials shall not be stored in streets, roads, highways or public right-of-way. All materials or equipment not installed or used in construction within the daily work period shall be stored elsewhere by the contractor at its expense. SP-2 Construction equipment shall not be stored at the work site before its actual use on the work. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets, roads, highways or public right-of-way. After placing backfill, all excess material shall be removed immediately from the site. SECTION 2 - TERMS DEFINED Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City departments or person shall be intended: AGENCY shall mean City of San Juan Capistrano whenever appropriate. BOARD shall mean the City Council of the City of San Juan Capistrano. ENGINEER shall mean City Engineer or other person(s) designated by same. SECTION 3 - FLOW AND ACCEPTANCE OF WATER Surface or other waters may be encountered at various times during construction. The Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of the Contractor to protect his work from danger due to any waters encountered. Should any damage to the work due to surface or other water occur prior to acceptance of the work by the City, the Contractor shall repair such damage at his expense. SECTION 4 - WATER Water will be available from the Capistrano Valley Water District. Arrangements for temporary construction water services permit and water service may be made by contracting the Capistrano Valley Water District at (949) 493-1515 one week prior to need for service. All water facility construction shall conform to the "Standard Specifications," Capistrano Valley Water District, and "The Uniform Plumbing Code," 1982 Edition. SECTION 5 - INSURANCE AND OVERHEAD COSTS The Contractor shall receive no direct compensation for insurance and overhead (move-in costs, for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. SP-3 SECTION 6 - PROTECTION OF EXISTING UTILITIES (UNDERGROUND SERVICE ALERT) Existing utilities have not been shown on the improvement plans. The Contractor must take all due precautionary measures to protect all of the existing utilities. The Contractor shall have all utilities located by contacting the responsible agency at lease 48 hours prior to commencing any construction work. The Contractor's attention is directed to the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the - Contractor with the locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the USA by calling 1-800-422-4133. Other utility phone numbers are noted on Sheet 1 of the plans. Full compensation for conforming to the requirements of this section shall be considered as included in the contract bid prices paid for the various items of work, and no additional compensation will be allowed therefore. SECTION 7 - PROTECTION OF PRIVATE PROPERTY The Contractor must remain within the construction zone to the best of his ability. The Contractor must protect all existing private property. SECTION 8 - CONSTRUCTION ZONE Contractor shall protect property and facilities adjacent to the construction zone, and all property and facilities within the construction zone. At the end of each work period and after completion of project, the construction zone shall be clean and in a presentable condition. All public- or privately-owned improvements and facilities shall be restored to their original condition and location. In the event improvements of facilities are damaged, they shall be replaced with new materials equal to the original. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way or parking area during performance of the contract work, and Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, way or parking areas. The Contractor shall be responsible for investigating conditions of available public and private roads and of clearances, restrictions and other limitations affecting transportation and ingress and egress to the site of the work. SECTION 9 - PRE-CONSTRUCTION COORDINATION MEETING Prior to the commence of construction, arrangements will be made for a meeting between the Contractor, the Engineer, and involved utility representatives. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor will be required to submit a complete schedule in the attached form showing SP-4 the number of working days required to complete each phase of the project. This schedule shall be approved by the City Engineer prior to the start of construction. SECTION 10 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 1. Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. Discharges of material other than Storm Water are allowed only when necessary for performance and completion of construction practices and where they do not: cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or contain a hazardous substance • in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. Potential pollutants include but are not limited to: solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives and solvents; asbestos fibers, paint flakes or stucco fragments, fuels, oils, lubricants, and hydraulic, radiator or batter fluids; fertilizers, vehicle/equipment wash water and concrete wash water; concrete detergent or floatable wastes; wastes from any engine/equipment steam cleaning or chemical degreasing; and superchlorinated potable water line flushings. During construction, disposal of such materials should occur in a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, state and federal requirements. 2. Dewatering of contaminated groundwater, or discharging, contaminated soils via surface erosion is prohibited. Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the respective State Regional Water Quality Control Board. SECTION 11 - PRESERVATION OF SURVEY MONUMENT Effective January 1, 1995, AB 1414 "Preservation of Survey Monumentation Compliance with Section 8771 of the Business and Professional Code" provides for the preservation of Survey Monuments in construction projects. This legislation mandates that prior to construction monuments are to be referenced in the field and "Corner Records" prepared for filing in the Office of the County Surveyor. It also mandates that after construction, monuments are to be reset and "Corner Records" filed with the County Surveyor. This must be done prior to certifying completion of a project. The City requires monumentation preservation on all capital improvement projects where monumentation points are present and the contractor shall be responsible for submitting proper documentation to the Office of the County Surveyor in compliance with AB 1414. SP-5 Project finalization, Notice of Completion and/or release of retention shall be contingent upon obtaining documentation from the contractor's project surveyor or engineer that monuments have been set or restored and Corner Records filed with, and to, the satisfaction of the County Surveyor. All costs necessary to comply with this legislation shall be allocated to the appropriate bid item. SECTION 12 - MONUMENTATION IDENTIFICATION - In accordance with the Professional Land Surveyor Act, Section 8772, any monument set by a licensed land surveyor or registered civil engineer to mark or reference a point on a property or land line shall be permanently and visibly marked or tagged with the certificate number of the surveyor or civil engineer setting it, each number to be preceded by the letters "LS." or "R.C.E.," respectively, as the case may be or, if the monument is set by a public agency, it shall be marked with the name of the agency and the political subdivision it serves. Nothing in this section shall prevent the inclusion of other information on the tag which will assist in the tracing or location of the survey records which relate to the tagged monument. Centerline ties filed with the Orange County Surveyor will be checked for compliance with this law. END OF SECTION SP-6 gra JOB Submitted in Accordance with the Legend: PASS SCHEDULE LIMITS Requirements of the special provisions % Complete PROD. NO. by: Actual Progress SPEC. NO, Contractor Date Scheduled Progress START DATE ,Accepted by Date BID WOR(ING DAYS ri.24 % 0 10 20 30 40 50 60 70 80 90 110 NO. DESCRIPTION BID OM WM 1 • CITY OF SAN JUAN CAPISTRANO DOWNTOWN LIGHTING PROGRAM - PHASE 1 DETAIL SPECIFICATIONS AND METHOD OF PAYMENT PROJECT INFORMATION AND CONSTRAINTS - The following information and constraints apply to all items of work and shall be considered throughout the entire duration of the project. The contractor shall be familiar with all the provisions included in this section and the affect that they have on its obligations associated with the completion of the bid items. Commonly applicable conditions are included in this section and are not repeated in the Definition of Bid Items. Unless otherwise specified, all costs necessary to comply with the constraints of the project shall be included in the various Bid Prices for the Items of Work and no additional compensation is provided therefor. PROJECT LOCATION The project is located in the City of San Juan Capistrano along Camino Capistrano between Del Obispo Street and Ortega Highway (Highway 74) and along Forster Street and Yorba Street PROJECT DESCRIPTION The project consists of all work necessary to install the new street lights in accordance with the plans and these specifications, control public traffic during the construction period and restoration of the work area to the existing conditions. WORK AREA DESIGNATION This project is designated as the San Juan Capistrano — Downtown Lighting Program — Phase 1. LIMITS OF CONSTRUCTION AND PROJECT PHASING The project improvement plans include a Phasing Plan that identifies the Limits of Construction. The work will be terminated at the limits specified on this plan in the manner specified on the improvement plans. The remainder of the project is included in the bid plans for reference purposes only. DS-1 The City may, at its sole discretion, modify the limits of construction after the contract is awarded so that the contract budget matches the available funding. LIST OF PLANS AND DOCUMENTS This project is to be constructed in conformance with the following plans and documents: BID PACKAGE PLANS San Juan Capistrano - Downtown Lighting Program Sheets 1 - 3 It is the contractor's responsibility to review and be familiar with each of these documents, their affect of the contract work and with all measures necessary to fully comply with the requirements and recommendations of each. PLAN OR QUANTITY DISCREPANCIES, ERRORS or OMISSIONS When the contractor has reason to suspect that a discrepancy exists between the actual field conditions and the plans or quantities or that an error or omission exists in the plans or quantities, the Contractor shall immediately notify the Owner's Representative and secure direction or clarification before proceeding with any affected work. If the Contractor proceeds with work when it knows (or can reasonably be expected to know) that a discrepancy exists, the Contractor may forfeit the right to any additional compensation related to resolving the discrepancy. Work progression by the contractor that causes alternative design solutions to be made not feasible may limit the contractor's compensation to the least cost alternative that would have been available to the Owner before the work proceeded. Work progression that makes it impossible for the Owner to verify disputed quantities will • limit the Contractor's compensation to the contract quantity or the quantity which can be verified which ever is less. Changes to modify quantities or correct errors or omissions will be issued to the Contractor by an official change order that addresses any required adjustment to the work, contract pricing and schedule. AS BUILT RECORD DRAWINGS Contractor shall keep accurate records of all work performed and make specific note of any work that deviates from the information shown on the plans. At the end of the project, the Contractor shall be provided with a reproducible set of record drawings by the Owner. The Contractor shall legibly mark these record drawings as necessary to accurately depict the work as actually constructed and return these "As Built Drawings" to the Owner for his record purposes. The work will not be considered complete nor eligible for final payment until record drawings have been provided an accepted by the Owner. No separate payment will be provided for maintaining and producing the As Built Record Drawings. DS-2 DEFINITION OF COMPLETION Contractor shall be responsible for completing the project within the number of days from the Notice To Proceed specified in the Bid Proposal section of these specifications. The Work, phases of the work, and individual contract items shall be deemed complete when: All work specified is fully completed per the plans and specifications and accepted by the governing Agencies, all testing and activation is complete, and all certifications, as- built plans, and guarantees are submitted to the Owner. These completion requirements shall be inclusive of the prescribed number of days for each milestone, all construction - windows specified for work by others, preparation and completion of all punch list corrections. WORKING HOURS — NIGHT WORK REQUIRED Contractor shall comply with all Agency limitations on construction working hours and the following: Monday to Friday 10:00 P.M. to 6:00 A.M (night work) Weekends & Holidays Work is not permitted The restrictions on working hours applies to any and all activity related to the construction operations, including, but not limited to, equipment repair and maintenance, warming up of engines, transport of equipment and material, deliveries and establishing traffic control. The Contractor shall provide all equipment and facilities necessary to safely conduct the work during after-dark conditions. PROJECT CONSTRAINTS The project site contains a number of conditions which may constrain the contractor's work to some degree. These conditions include, but are not necessarily limited to space and access limitations, existing utilities, maintaining existing access and utility services to existing users, and ongoing operations by other contractors. There may also be other facilities not shown on the plans and record documents which will affect the contract work. The Contractor must walk the site and warrant that he is familiar with all constraints before submitting his bid. The site constraints must be considered throughout the prosecution of the contract work. Accommodation of these constraints shall be considered to be included in the contract unit price for the various contract items and no additional compensation shall be provided therefore. Site Access Access to the project will be limited to the public roadways. The Contractor shall protect in place or remove and restore to existing condition, any road, curb, gutter, fence, utility, drainage pipe, channel, other device, or other facility to be used or crossed to gain access to the project. DS-3 It is the contractor's responsibility to be aware of all issues that will restrict or constrain its operations and plan its work in due consideration thereof. Maintaining Access to Businesses The Contractor is responsible for maintaining uninterrupted access to all existing businesses and public travel and walkways after his working hours. PROTECTION OF EXISTING FACILITIES The project site contains a variety of existing facilities (both above ground and - underground) which must be protected in place at all times. No separate payment will be made for any work performed or material used to protect and restore existing utilities during the Contractor's performance of the work, either inside or outside the right-of-way. Full compensation for such protection and restoration of existing utilities will be considered as included in the price bid for the various items of work involved and no additional compensation shall be provided therefor. The Contractor shall be responsible for the protection of the property and shall exercise due caution to avoid damage to such property. Utility and Structure Crossings Existing facilities may need to be crossed in order to construct various portions of the project. Some of these facilities may be particularly sensitive to heavy live loads crossing over them and, consequently, Contractor shall coordinate with the owner of each of these facilities to determine any protective measures or other constraints which may be imposed by the facility owners to protect their facilities. This coordination shall be accomplished prior to initiation of construction activity. The cost of all such coordination, including, but not limited to, protection of the these facilities, shall be included in the Contract Prices and no additional compensation shall be allowed therefore. Notices The contractor is responsible for filing all required notices, contacting all utility owners for their requirements, and protecting all facilities on the plans. The Contractor shall provide a 5-day advance notice to all shop and business owners specifying the time and duration of construction activities anticipated in their immediate area. Repairs Any facilities disrupted by the Contractor shall be immediately replaced or repaired by the Contractor or as directed by the Owner's representative. Repairs and replacements shall be at least equal to existing improvements, and shall match them in finish and dimension. The Contractor shall be responsible for the full cost of repairing or replacing any facilities damaged due to its failure to provide effective protection. DS-4 Plants and Landscaping The Contractor shall be responsible for the protection of the site and adjacent property and shall exercise due caution to avoid damage to such property. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed because of the Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be re- sodded as approved by the Owner's Representative. POTENTIAL UN-IDENTIFIED FACILITIES - In addition to the existing facilities which are identified by the utility purveyors or whose locations are generally known, other facilities may be encountered which are not currently known to exist. Should such facilities be encountered during the course of construction, the Contractor shall adjust the proposed work as necessary to avoid the facility. Such facilities shall be protected in place unless the Contractor is directed to do otherwise. CONNECTIONS TO EXISTING FACILITIES Portions of the work will require connection to existing improvements. Connections to existing improvements are to be considered as incidentals to the contract work and not subject to additional compensation unless otherwise specified. The Contractor shall remove temporary improvements, dispose of or salvage temporary facilities as appropriate and provide all work necessary to make the connections and begin the contract work. Re-testing of some existing improvements may be required and shall not be eligible for additional compensation unless specified. Prior to commencing any work that is dependent on the alignment, grade, size or material of any existing facility, the Contractor shall verify that the facility exists in the condition expected and report any discrepancy as called for under the section of these specifications titled Plan or Quantity Discrepance, Error or Omissions. CONSTRUCTION FIELD OFFICE The Contractor may at its own expense, furnish, install, maintain, and remove all fencing, offices, sanitary facilities, security systems, temporary light, power, and water and other equipment necessary to provide a secure construction field office. The location of the construction field office on this project will be permitted at a location specified by the Owner's representative in the parking lot bounded by El Camino Real, Yorba Street and Forster Street. The entire facility shall not exceed 4 contiguous parking stalls. unless specifically authorized by the owner's representative. SITE MAINTENANCE AND CLEAN UP The Contractor shall be responsible for maintaining the entire site in a clean and tidy manner. The work area shall be completely cleaned and restored at the completion of each work period and at the completion of the project. DS-5 DRAINAGE CONTROL AND MAINTENANCE The Contractor shall control and maintain drainage within and through the work areas. Water shall not be obstructed or diverted without the Owner's approval and consent. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphalt concrete or other acceptable material will be permitted when necessary, provided their use does not create a hazard or nuisance to the use of the area by authorized personnel. Such dams shall be removed from the site at the completion of each work period. SURVEY CONTROL No surveying shall be provided by the Owner. The Contractor shall provide all surveying _required to complete the project. SHORING Shoring shall conform to the provisions in Section 305-1.1.6 "Bracing Excavations" of the Standard Specifications. Excavation for any trench 5 feet or more in depth shall not begin until the Contractor has received approval by the appropriate agencies, of shoring plans designed by the Contractor for worker protection from the hazards of caving ground during the excavation of such trench, and any design calculations used in the preparation of such detailed plan. Such detailed plan shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation. No such plan shall allow the use of shoring, sloping or a protective system less effective than that required by the Construction Safety Orders of the Division of Occupational Safety and Health. If such plan complies with the shoring system standards established by the Construction Safety Orders, the plan shall be submitted at least 5 days before the Contractor intends to begin excavation for the trench. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil Engineer in the State of California, and the plan and design calculations shall be submitted at least 3 weeks before the Contractor intends to begin excavation for the trench. PERMITS The City will secure approval of the construction permit for this project. The Contractor will be responsible for producing the required documents and pulling the permit. The acquisition of all additional permits, clearances or fees required to complete the contract work shall be the responsibility of the Contractor. The Contractor is responsible for knowing the requirements of all permits and complying therewith throughout the duration of the contract. DS-6 WORK INCLUDED IN BID ITEMS Unless otherwise indicated, Each Bid Item is inclusive of: all labor, tools, materials, delivery, equipment, installation, traffic control, safety measures, replacement of disrupted improvements, preparation, coordination and notices necessary to complete the item of work in conformance with all applicable governing agency regulations and specifications to the satisfaction of the Owner and inspecting agency. Items of work that are necessary to complete the bid items but are not specifically called for in the Schedule of Unit Prices are considered incidental to the Bid Items _and are not subject to separate compensation. QUALITY OF MATERIALS AND WORKMANSHIP The quality of materials and workmanship and the final fit and finish shall be of the highest level currently available in the industry. Any work which does not meet this standard of quality shall be considered not in conformance with the plans and specifications and shall be removed and replaced at the contractors sole cost and expense. FINAL PAY QUANTITIES Final payment shall be based on the lump sum bid prices regardless of the actual quantities of work involved unless otherwise specified. DETAILED EXPLANATION OF BID ITEMS Bid Item 1 PROVIDE AND INSTALL CITY NOTIFICATION SIGNS One week prior to construction, the contractor shall provide and erect City notification signs, at locations shown on the plans or marked in the field and agreed by the engineer. DS-7 The Notification Sign shall conform with the following: * Your City Dollars at Work Downtown Lighting Program Phase 1 Proposed Completion - (date) 1999 1. Black letters on beige background 2. 5'-0" x 3'-0" Single post mounted The City will provide a black and white xerox copy of the City logo from which the contractor shall make a stencil(s) for making the signs. The stencil(s) shall become the property of the City. The signs shall be removed within one week of completion of construction. Signs shall be delivered to the City on completion of the project and shall become the property of the City. PAYMENT City Notification Signs shall be eligible for payment when the signs have been installed and accepted by the City. Bid Item 2 PROVIDE ALL PROJECT SURVEYING The Contractor shall provide all surveying necessary to accurately locate all street lights at the locations specified on the plans and any other surveying necessary to complete the contract work. PAYMENT Surveying shall be eligible for payment after the lights have been installed and accepted. Bid Item 3 IDENTIFY AND LOCATE ALL EXISTING UTILITIES The Contractor shall provide all coordination, research, notifications, pot-holing, and reconnaissance necessary to locate all existing utilities and improvements that fall within the work area. DS-8 The City makes no representation whatsoever regarding the existence of utilities or the availability or reliability of records or identifications provided by utility purveyors. The Contractor assumes all liability and responsibility for correctly identifying, locating and protecting existing utilities. Existing Utilities The Contractor's attention is directed to the potential for a significant amount of existing utilities to be found within the construction limits. The Contractor shall take all necessary precautions to ensure the protection of the integrity of all existing utilities. Underground Service Alert The Contractor shall contact Underground Service Alert and the owner of each utility to determine the depth and location of existing utilities and any requirements for work in and around them. The Contractor shall be responsible for all costs incurred to replace any damaged portion of any utility that is caused, directly or indirectly, by the Contractor's operations. Costs shall include, but not be limited to, loss or interruption of service, labor, tools, equipment, temporary systems, testing, etc. Required Pot Holing During the construction of each work area, the Contractor shall carefully pot hole and expose the top of the lines at the location of utility crossings and make adjustments necessary to clear the existing improvements, PAYMENT This items shall be eligible for payment when the entire lighting system has been installed and accepted in place. Bid Item 4 LAY-OUT ALIGNMENT FOR TRENCHING The plans show a diagrammatic approximate alignment of the utility conduits and do not include the location of any existing utilities that will constrain the Contractor's work. The Contractor shall • use this alignment as a guide in conjunction with his own Identification and Location of All Existing Utilities for determining the exact trenching alignment on the ground. The Contractor shall establish the alignment of all utility trenching to the extent necessary to complete all proposed construction without disturbing or relocating any existing utilities. The City makes no representation whatsoever regarding the Contractors ability to economically lay-out the proposed improvements to avoid existing obstructions. The Contractor assumes all liability and responsibility for establishing the alignment of the proposed improvements. PAYMENT Lay-Out Alignment For Trenching shall be eligible for payment when all trenching has been completed. DS-9 Bid Item 5 PROVIDE ALL REQUIRED TRAFFIC CONTROL During construction, proper traffic control and safety shall be observed at all times. The "Work Area Traffic Control Handbook" (WATCH), 1996 edition, shall be the standard used for control of traffic in work areas. Approved delineators, barricades, warning signs and flashing arrow boards shall be used at all times and must be in good working condition at all times. Traffic Control Plan The Contractor shall submit a traffic control plan (standard 24 x 36 reproducible mylar) prepared, stamped and signed by a California Registered Traffic Engineer to the City Engineer for review and approval at least fifteen (15) days prior to commencing any work. Said plan shall indicate the locations of all signing, barricades, flashing arrow signs, delineators, lane closures, temporary lane lines, etc. required to control traffic and detours during construction. All such devices shall be removed from the view of traffic when not required. No-Parking Signs Where construction necessitates temporary prohibition of parking, the Contractor shall furnish, install, and maintain in place "NO PARKING, TOW-AWAY" signs (even if streets have posted "NO PARKING signs), which the contractor shall post at least forty-eight (48) hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division for verification of posting at least forty-eight (48) hours in advance of the need of enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches (12") wide and 18 inches (18") high; (3) be similar in design and color to Sign No. R-38 of the CALTRANS Uniform Sign Chart. The Contractor shall print the hours, days and date of closure in 2-inch (2") high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. The Contractor shall only post street with the time and dates that disrupt parking and access. Errors in posting "NO PARKING, TOW-AWAY" signs, false starts, acts of God, strikes, or other alterations of the schedule will require that the Contractor re-post the "NO PARKING, TOW- AWAY" signs. Public Access The Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic at all times. No road or sidewalk shall be closed except during the specified working hours under this contract. At the end of the working period, all trenches shall be backfilled level with the surrounding finished surface or plated using steel plates secured with spikes and provided with temporary AC feathered edges in such a manner that the roadway or walkway shall be fully accessible to the public. DS-10 Notices When construction schedule necessitates closure of driveways during working hours, Contractor shall notify residents and/or businesses at least 48 hours in advance. The following entities shall be notified at least 72 hours in advance of any street closure or restriction to access by the Contractor. City Engineer Fire Department Police Department The Engineer may add additional entities to this list at his discretion. Warning Signs All warning lights, signs, flares, barricades, delineators, detours and other facilities for the sole convenience and direction of public traffic shall be furnished and maintained by the Contractor. All traffic control shall conform to, and be placed in accordance with, current Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones. Flashing arrow signs shall be furnished and maintained by the Contractor as approved by the Engineer. Striping Removal The Contractor is hereby notified that the use of black paint to cover the existing traffic striping during any traffic detour shall not be allowed. Lane Closures During working hours, a minimum of one 12-foot wide travel lane(s) in each direction, and at least one left turn pocket, shall be maintained. No lane closures will be permitted except during the working hours. Separation between travel lanes, channelization and delineation of the work area shall be accomplished by the use of delineators placed at a maximum of 15' on center or as specified on the traffic control plan. During the course of the work, the Contractor shall make minor changes and add or delete signing, as may be requested by the City Traffic Engineer, to correct problem traffic situations which are a result of the Contractor's operations. In special cases, the Contractor shall be required to furnish flagmen as directed by the Engineer. Each vehicle used to place and remove components of a traffic control system on multi- lane highways shall be equipped with a Type II flashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining or removing said components. The flashing arrow sign on the plans shall be in place before lane closure requiring its use is completed. DS-11 Maintenance and Correction The Contractor shall perform periodic patrols of the construction area during both working and non-working hours to replace and/or set up any signs, barricades, plating, etc., which may have been disturbed. The Contractor shall furnish to the Police Department the telephone numbers of the employees to be on-call during non-working hours to correct any sign, barricade or delineator problem. In the event City forces are required to correct any signing problem, due to the Police Department not being able to contact the Contractor's "on-call" employee, the cost of said work shall be deducted from the final payment due to the Contractor. All flasher type barricades shall be maintained in operating conditions. When the project is complete, all traffic control signs, barricades and delineators shall be removed from the site and shall remain the property of the Contractor. PAYMENT Traffic Control shall be considered complete and eligible for payment when all improvements affecting public traffic are complete and accepted. Payment for providing traffic control shall be at the contract lump sum price bid for Traffic Control and shall be considered full compensation for furnishing all labor, signing, delineator, barricades, equipment and incidentals for accomplishing the work as specified herein and no additional compensation will be allowed therefor. Bid Item 6 COORDINATION OF DELIVERY OF ALL EQUIPMENT AND MATERIALS The City will order and purchase the street lights required for this project. All other materials and equipment shall be provided by the Contractor. The Contractor shall coordinate the delivery of the lights and all other materials such that they will be available on-site at the time they are required for installation. No materials may be stored at the job site except during the specified working hours and only to the extent required to supply the work that is projected to occur during that work period. PAYMENT This item shall be eligible for payment when all materials and equipment required to complete the project have been installed. Bid Item 7 OFF-STREET STORAGE OF ALL EQUIPMENT AND MATERIALS The Contractor is required to store all equipment and materials in locations that are not within the existing streets, public or private access areas. All coordination necessary to secure material and equipment storage sites that the Contractor may require to complete the specified work shall be the responsibility of the Contractor. The City makes no representation whatsoever regarding the availability or accessibility of material and equipment storage sites and will neither provide sites for the Contractor nor assist him in the acquisition thereof. DS-12 PAYMENT This item shall be eligible for payment on a pro-rata basis established by the City's Construction Manager. Bid Item 8 INSTALL COMPLETE LIGHTING SYSTEMS The Contractor shall install the complete lighting system in conformance with the plans and these specifications including but not limited to all vaults, handholes, manholes, and pull boxes excavation, connection of conduit, slurry around duct connection to structure, compaction, and related hardware, conduits, conductors, junction boxes, connections, pedestals, trenching, backfilling, energizing, testing, pavement patching and any other appurtenances as described herein, shown on the project drawings or necessary to complete the work and no additional compensation will be allowed therefor. City Provided Equipment The City will order and purchase Street Lights required for this project inclusive of all parts and equipment listed in the "Light Pole Detail" including the "4-foot direct-bury post" shown in the "Concrete Foundation Detail" on page 2 of the plans. All other equipment and materials shall be provided by the Contractor. Trenching All trenching shall conform with the details shown on the plans. The Sand Cement Slurry called for in the detail shall be included in the lump sum price for this item. Sawcutting is not required in areas where the trench area will be re-surfaced by Cold Plane and Inlay. Pull Boxes Pull boxes shall be provided as needed to install and service the system and the cost of pull boxes shall be included in the lump-sum price. Open Excavations No excavation within five (5) feet of the traveled way shall remain open longer than is necessary to perform the work. The maximum length of open trench shall be limited to the distance necessary to accommodate the pipe to be installed during that work period. All excavations shall be backfilled flush with the finished surface at the end of each work period or protected by plating, fencing or other means acceptable to the Owner. Spoil, Borrow and Earthwork Balancing If spoil or borrow of materials is necessary to complete the work, the Contractor shall make all arrangements necessary to secure appropriate spoil or borrow sites including hauling permits as necessary. The Owner shall not provide such sites and shall not provide additional compensation for such operations. No additional compensation shall be provided for spoil, borrow or handling necessary to achieve a balance of earthwork. DS-13 Hauling When hauling over public highways, and when directed by the Engineer, loads shall be trimmed and material removed from shelf areas of vehicles to eliminate spilling of material. If directed by the Engineer, loads shall be watered after trimming to eliminate dust. The Contractor shall comply with applicable truck route ordinances and use approved truck routes. Where applicable, the Contractor shall be responsible for obtaining all approvals necessary to permit the hauling of materials necessary to accomplish its work. Dust Control The Contractor shall accomplish all work in a manner that includes adequate measures to control dust. Contractor is responsible for full compliance with all AQMD requirements. To Subsection 7-8.1, "Cleanup and Dust Control," of the Standard Specifications add the following: "No separate payment will be made for any work performed or material used to control dust resulting from the Contractor's performance of the work, or by public traffic, either inside or outside the right-of-way. Full compensation for such dust control will be considered as included in the price bid for the various items of work involved". Dewatering All water encountered in construction (from surface or ground water sources) shall be disposed of by the Contractor in such manner as will not damage public or private property or create a nuisance or health menace. The Contractor shall furnish, install, and operate pumps, pipes, appliances and equipment of sufficient capacity to keep all excavations and accesses free from water until the excavation is backfilled, unless otherwise authorized by the Engineer. The Contractor shall provide all means or facilities necessary to conduct water to the pumps. Water, if odorless and stable, may be discharged into an existing storm drain, channel, or street gutter in a manner approved by the Engineer. When required by the Engineer, a means shall be provided for desilting the water before discharging it. All dewatering activities must comply with NPDES and ground water discharge laws (including permits). Notices to Utility Purveyors Contractor is to be aware that permission is needed from the SDG&E, Cox Cable TV, Southern California Gas, and Pacific Bell Telephone Companies prior to Contractor working or crossing their facilities within and adjacent to the Project Area. Contractor is to provide written confirmation to the Owner prior to construction that permission has been obtained; and, Contractor is to be aware of all criteria required by each Dry Utility Agency related to their utility easements. DS-14 Contractor shall be responsible for coordinating with Dry Utility Agencies regarding existing facilities within the project area. Contractor shall be responsible for any interim facilities required by each Dry Utility Agency in the event that Contractor deems it necessary for temporary relocations or facilities to complete the Contractor's work operations. Energizing Contractor shall coordinate with the SDG&E and provide windows for it to energize the system. Windows shall be adequate for the installation of switches, transformers, cable and the energizing of primary and secondary systems. Trenching Costs Trenching costs are inclusive of all excavating, backfill and compaction of native materials including handling and removal of surplus spoil materials. Minimum Clearances The following industry standard clearances shall be maintained: Vertical Clearances: Utility Mainlines: 3" of concrete Water Mainline: 36" separation Horizontal Clearances: Utility Mainlines: 24" separation between structures Gas Mainline: 36" separation between structures Water Mainline: 36" separation PAYMENT The work shall be eligible for payment when the complete system has been installed, tested and accepted. Bid Item 9 REMOVE INTERFERRING PORTIONS OF CONCRETE OR REINFORCED CONCRETE STREET PAVEMENT FOUND UNDER AC PAVEMENT In some street areas the existing AC pavement may have been placed over an older concrete street. Where concrete or reinforced concrete is found under the existing AC, it shall be removed as necessary to install the conduits as specified by the details on the plans. This item of work does not apply to concrete sidewalks, curb and gutters, driveways or hardscape. The Contractor shall notify the Inspector when concrete or reinforced concrete pavement is found and coordinate with him as necessary to make measurements for payment. DS-15 PAYMENT Payment shall be made per cubic foot of trench excavated through the concrete as measured by the Inspector at the unit price in the bid. Payment will only be made for the actual quantity excavated and measured. The unit price bid shall apply to any quantity between 0% and 200% of the estimated quantity. Bid Item 10 SAWCUT, REMOVE AND REPLACE AC PAVEMENT Pavement that is removed by trenching shall be replaced with Asphalt Concrete in conformance with the details shown on the plans. This item of work includes saw cutting and removal of the existing pavement as specified. The City makes no representation whatsoever regarding the condition or thickness of the existing pavement. Asphalt Concrete Pavement Asphalt concrete pavement shall conform to the provisions of Section 302-5 and Section 400 of the Standard Specifications and these Technical Specifications. Tarpaulins shall be used to cover all loads from plant to project. Prior to the placement of the final or surface layer of asphalt concrete, the Contractor shall ensure that all utility company facilities within the area to be paved, have been inspected and accepted by the affected utility. PAYMENT The work shall be eligible for payment when the entire trench has been filled. Bid Item 11 COLD PLANE AND INLAY AC PAVEMENT After all trenches have been backfilled, the Contractor shall cold plane and inlay new AC pavement in all trenches that are parallel to the travelway from the nearest curb to the first lane line or between lane lines in conformance with the details specified on the plans. Trenches that cross the road shall not require cold plane and inlay. Cold Plane and Inlay will only be required for the following street areas: Camino Capistrano from Del Obispo to Ortega Highway Forster Street El Camino Real from Forster to Acjachema Street All AC replacement requires a tack coat on existing edges. Replacement AC shall be C3AR4000 (3/8" Max. Aggregate). DS-16 PAYMENT Payment shall be made per square foot of overlay actually installed as measured by the inspector. The work shall be eligible for payment when the entire operation has been completed. Bid Item 12 RE-ESTABLISH ALL PAVEMENT MARKINGS, SIGNING AND STRIPING All pavement markings, parking stall "T"s signs and stripes that are removed or damaged by the Contractor's work shall be re-established to the original condition. PAYMENT The work shall be eligible for payment when the entire operation has been completed. Bid Item 13 PROTECT IN PLACE OR REMOVE AND REPLACE ALL INTERFERRING CURB, GUTTER, SIDEWALKS AND HARDSCAPE The Contractor may at his sole discretion protect in place or remove and replace concrete and hardscape that is directly in the trench path. Protection In Place Protection may be accomplished by jetting, boring or other methods so long as the existing improvements are not broken or damaged. Open spaces shall be filled with the sand and cement slurry specified for trench backfill. The Inspector shall determine at his sole discretion whether the Contractors work has successfully protected the existing improvements. Improvements that are damaged must be removed and replaced. The City makes no representation whatsoever regarding the feasibility and acceptability of the Contractor's ability to protect existing improvement in place. Removal of all damaged sections shall be from joint to joint. Replacement shall be of the same material, finish and quality of the existing improvements. Removal and Replacement that is not satisfactory to the Inspector shall be repeated at the Contractor's sole expense. Concrete Curbs, Gutters, Drive Approach and Sidewalks Concrete construction shall be constructed per design drawings and shall conform to the City Standards, these specifications and as directed by the Engineer. Concrete sidewalks shall be replaced within 24 hours of removal unless otherwise approved by the City Engineer. Decorative Concrete and Pavers Decorative Concrete and Pavers shall match the existing improvement in material, color, appearance and workmanship. DS-17 PAYMENT The work will be eligible for payment when the entire sub-surface installation is complete. Bid Item 14 CONNECT TO AND COORDINATE WITH SDG&E The Contractor shall make the connections required to power the lighting system at the locations shown on the plans and provide all coordination with SDG&E necessary to energize the systems. PAYMENT - This item shall be eligible for payment when the entire lighting system has been activiated and accepted. Bid Item 15 NOT USED Bid Item 16 REMOVE EXISTING MISSION BELL STREET LIGHTS AND POLES AND DELIVER TO THE CITY The plan calls for the removal of some existing street lights and poles. The pole and foundation shall be removed and the location repaired as follows: 1) in sidewalk areas (like the removal on Camino Capistrano): the entire sidewalk panel shall be replaced from joint to joint; 2) in grass areas (like the removal on Forster Street): the area shall be re-sodded. The entire pole and mission bell fixture shall be delivered to the City maintenance facility location specified by the Construction Manager. PAYMENT This item shall be eligible for payment when all poles designated for removal have been removed, the foundation locations have been repaired and the poles have been delivered to the City. Bid Item 17 RESTORE AND MAINTAIN SAFE PUBLIC ACCESS AFTER CONTRACT WORKING HOURS At the end of each work period and within the specified working hours, the Contractor shall completely restore all public travel ways to a serviceable condition and thoroughly clean up the work area. No roads or sidewalks shall remain closed after the conclusion of each night's work. All trenches shall be completely backfilled flush with the finished surface or plated and necessary warning signs shall be posted in a manner that is satisfactory to the inspector. PAYMENT The work shall be eligible for payment on completion of the entire project. DS-18 Bid Item 18 PROVIDE ARCHAEOLOGICAL MONITORING AND REPORTING This project is determined to be within an archaeologically sensitive area. A certified archaeologist monitor acceptable to the City shall be hired by the Contractor and must be on-site during all excavation activities. A final report must be prepared and submitted to the Engineer when the monitoring requirements of the project are complete. The Contractor shall allow for interference with construction that these observations normally cause. A list of certified archaeologists can be obtained from Irene Marcote in the City's engineering division (949) 443-6352. PAYMENT The work will be eligible for payment when the final report has been submitted to and approved by the City. Bid Item 19 PROTECT IN PLACE OR REMOVE AND RE-ESTABLISH STREET CENTERLINE TIES AND SURVEY MONUMENTS The Contractor is hereby notified that the existing streets may contain survey monuments and centerline ties that establish the legal control for the existing streets. These must be protected in place or removed and re-established at the completion of the job. Re- established monuments and centerline ties must be set and documented by a licensed surveyor. PAYMENT This item is eligible for payment when the work is complete and the City has verified that the monuments are acceptable. END OF SECTION DS-19