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1977-0706_GALLAND ELECTRIC CORP_ContractRECORDED AT THE REQUEST OF AND RETURN TO: 3442 DOCUMENTARY EXEMPT NO TAX DUE C9 BX 12391 K 1391 *NSFER TAX - City of San Juan Capistrano no y ( / n Office of the Cit Clerk B _/zw�t � 0 -,--/Deputy 32400 Paseo Adelanto Mary Ann Ha ove , City Clerk San Juan Capistrano, CA 92675 City of San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Galland Electric Corporation, 2020 East Lincoln Avenue, Anaheim, California, 92806, who was the company thereon for doing the following work to wit: TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF DEL OBISPO AND PASEO ADELANTO That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 21st day of September 1977, Resolution No. 77-9-21-2 That upon said contract the American Insurance Company was surety for the bond given by the said company as required by law. Dated at San Juan Capistrano, California, this 22nd day of September, 1977. By a&, AL 2LL-a d-A�teputy Mary Ann Ha ove , City Clerk of the City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 22nd day of September , 1977. (SEAL) RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA Past' ].2 P.M. SEP 2b 1977 J. WYUE CARLYLF, County t eooreer By 0�� Deputy Mary Ann Han er City Clerk of San Juan Capistrano II fi 1 1 1 This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter re erred to as City and _CoA i 1 A Nom_ SLY --'C .1 i Q 'fDCg1}T hereinafter referred so as CONTRACTOR. IT IS IIEREBY AGRLED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instruction to Bidders, the Proposal, the Bid Bond, the kion -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, contract bonds, resolutions adopted by the City C'ovncil- pertaining to the work, insurance policies and cer.t_i fir .tes, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to j_tl. the vork 5l in :,i SlIbStZAILii and c%.=?ur1 y�'i.?ble fbleliYner. Sk-,000D. THE WORT;. CONTRACTOR agrees to furnish all tools, labor, and alecessary to perform anO cola 1,-_ jte in good <anc! orkTi anl,ik(? m Mner the construct -ion of TRAFFIC SIGNALS AND HIGHWAY LIGHTING -- DEL OBISPO STREET AND PASEO AD:;LANTO in strict conforwit,T w:i.i".h the Y1<;.;:s, Sprcif_icat.i.an:c and all other contr�ict documents, which documents are on file at the Office of the City Clerk, City Hall 32400 Paseo Adelanto, San Juan Capistrano, U Pity; r+.ti! COT"" 11).1x) Sum c,"('J ,s -ed of thu c c , tjin< _cG 3-n fthy: 1fi_nt3�.�CfiS. YOU:2'.Ci:i. COMMTI� C`l2MEN'.l` AND CO 97='7., 1"PIO:Z C 1'i THF SdOfi':. CONT} ?lC'1'GP, agrees to Lenin and complete the work within the time specified in the Notice ' Invi.ting Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual amount of damages, and loss sustained by 1 I ' 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, One Hundred Dollars ($100) a day for each day delayed; provided that extensions of time with waiver of liquidated ' damages, may be granted as provided in the Specifications. FIFTIi. 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 CITY. The Performance Bond shall be for an amount not less than One Hundred Percent (1000) 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 foi a ' period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount not less than 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 Speci.fi-Cations. ' SIXTII. GENEP.AL PREVAILING RATE OF PER DIEM WAGES. The general prevailing rate of per diem wages and general prevailing rate for holiday and overtime work, in the locality in which the work is to be performed, tfor each craft, classification or type of workman needed to execute the contract, have been determined by CITY, in Resolution No. 76-11.-17-3 which is on file at the office of. the City Clerk, City Hall, 32.400 Paseo Adelanto, San Juan Capistrano, California, and is hereby incor-- ' poratcd herein and made a part hereof:. CONTRACTOR agrees that he, or any SUB --CONTRACTOR rijder him, shall pay not less than the foregoing ' specified p;-evailinq rates of i,,ages to all o:er.;;mr_e; c,.-ttpl:oyed in the execution of the contract. SEVTNTH. INSUPU%NCE. CONTRACTOR agrec_�s to carry Public Liability, Property Damage and Workmen's Compensation Insurance in amounts as required by the Specifications. ' --16- 1 I 1111 1 1 1 1 1 1 1 1 1 1 1 1 1 J 1 1 1 0 0 1 EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF.LAETIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Cade 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 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 dollars ($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 Council action, and by CONTRACTOR on the date set before the name of each. DATED: WEZ7 DATED: -.—'4Z– CITY OF SAN JUAN CAPISTI'ANO BY -17- AGENDA ITEM September 21, 1977 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Final Report and Notice of Completion - Installation of Traffic Signal at Del Obispo and Paseo Adelanto SITUATION: In accordance with the plans and specifications for the subject project, Galland Electric has completed said construction. The project was a permanent installation of a traffic signal at the intersection of Del Obispo and Paseo Adelanto. The current pay- ment status is as follows: Total Project Cost $13,380.00 Less 10% Retention 1,338.00 Previous Progress Payments 5,539.50 Amount Due This Payment W6,502.50 FINANCIAL CONSIDERATIONS: The approved budgeted amount for this project was $18,000. under Gas Tax Fund 2106. ALTERNATE ACTIONS: 1. Determine that the work is complete and acceptable. 2. Determine that the work is not complete and acceptable. 3. Refer to Staff for additional information. RECOMMENDATION: By resolution, determine that the Work -has been completed in accordance with the contract documents and declare the work to be accepted. The total amount of the work performed under the contract is in the FOR CITY COUNCIL AGENDA ..t$o 41;z. • • page 2 RECOMMENDATION: (Con't) sum of $13,380.00. Within ten (10) days from the date of acceptance, file a Notice of Completion with the Orange County Recorder. By motion, direct Staff to make payment to Galland Electric in the amount of $1,338.00 upon expiration of thirty-five (35) days from the date of recording of Notice of Completion. Repsectfully submitted, L.n 0� W. D. Murphy WDM:GA:15 I • � 1 i I RESOLUTION NO. 77-9-21-2 COMPLETION OF TRAFFIC SIGNAL INSTALLATION, ' DEL OUISPO AT PAS -E0 ADELANTO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF DEL ODISPO AND PASEO ADELANTO IN THE CITY OF SAN JUAN CAPISTRANO The City Council of the City of San Juan Capistrano, California, does hereby resolve: WHEREAS, on the 6th day of April, 1977, the City of San Juan Capistrano entered into a contract with Galland Electric Company, for the installation of the traffic signal, Del Obispo at Paseo Adelanto, San Juan Capistrano; and, WHEREAS, the Director of Public Works has submitted his approval of the final quantities and cost figures. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does resolve as follows: SECTION 1. That the work required to be performed by said contractor has been completed. SECTION 2. That the total cost of said work is in the amount of Tl3, 60.00. SECTION 3. That the work is hereby accepted and i approved. ; SECTION A. It is further ordered that a "Notice of Completion b�rded, on behalf of the City, in the office of the County Recorder of the County of Orange within ten (10) days of the date of this Resolution. PASSED, APPROVED AND ADOPTED this 21st day of September , 1977, by the following vote, to —wit- AYES: it: AYES: councilmen Sweeney, McDowell, and Mayor Pro Tem Friess NOES: None ABSENT: Councilman Nash and Mayor Heckscher KENNETH E. FRIESS, MAYOR PRO TEM ATTEST: �. 0�: ! 1 L� i �-��-r ['7— DEPUTY CITY CLERK. -1- AGENDA ITEM July 20, 1977 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: APPROVAL OF TIME EXTENSION - TRAFFIC SIGNAL AT DEL OBISPO AND PASEO ADELANTO SITUATION: The contractor for the traffic signal installation at the subject location, Galland Electric, is requesting a time extension to the contract, which was awarded on April 6, 1977. The reason for the time extension is due to delays in receiving traffic signal equipment from the supplier. The contractor has not received the material to complete the job and therefore will need a time exten- sion of 20 days. The modified traffic signal should be completed no later than mid-August. FINANCIAL CONSIDERATIONS: There is no cost or compensation to the City for this action. ALTERNATE ACTIONS: 1. Approve the time extension to the Del Obispo/Paseo Adelanto traffic signal contract for an additional 20 days. 2. Do not approve the time extension. 3. Request further information from staff. RECOMMENDATION: By motion, approve the Change Order No. 3 for a 20 -day time extension for the Del Obispo/Paseo Adelanto traffic signal. 77 Respectfully submitted, W. D. Murphj-� I WDM:GA:cj Attachment FOR CITY COUNCIL AGENDA ... CORPORATION ' 400 Traffic Controtivision AUTOMATIC SIGNAL 2522 West 237th Street, Torrance, Cal, 90505 • (213) 775.6351 July 8th, 1977 Galland Electric 2020 East Lincoln Anaheim, California 92806 RECEIVED JUL (2 1 54P917 CITY CF SAN !UAN CAIII STn4NC Reference: City of San Juan Capistrano Del Obispo Street & Paseo Your Purchase Order 137, Our Sales Order 259239 Gentlemen: We must advise you that we have encountered a delay in delivery of the traffic signal hardware for this project. Our procurement of castings, for use in the manufacture of signal framework is sensitive to demand and has increased significantly with the peak construction season and our corresponding increase in order backlog. As our industry relies on a relatively few specialized vendors, lead times to obtain these castings sporadi- cally lengthens, often without prior indication. The material necessary to complete fabrication of this signal frame- work was received approximately four weeks late at our Danvers, Mass. facility. Your equipment is completing fabrication with ship- ment from Danvers, Mass. to be effected July 11th, 1977. Upon re- ceipt of this material in Torrance, California, we will assemble the signal heads into the frameworks, and ship to you within three work- ing days. We suggest that you seek a minimum three week extension of contract time from the City. This would encompass the time needed for our final assembly and shipment, also your installation at the jobsite. Please copy us on any correspondence with the City, and advise us of the duration of extension, if granted. Should you require any additional information in this matter please contact me directly. Very truly yours, 0,L r r. Od i on n er Sales Administration GJO/dw CONTRACT CHANGE ORDER Change In Contract Price Due to This Change • Order Net Change In Contract Price $ $ -0- TIME SCHEDULE: Total Contract Days 90 Amount Prior C.O.(s) 0 Amount This C.O. 20 Adjusted Contract Days 110 New Date of Completion 8/15/77 ACCEPTANCE: Accepted by: GALLAND ELECTRIC Recommended by: GEORGE _Project Engineer Approved by: W. 1 y W. D. MURP Director of Public DATE: n • Change Order No. 3 Beginning Contract Date April 6 , 1977 Date July 7, 1977 Contract Amount $ 12,900.00 Project Nn. 7599-08 Previcus Cha^ge Orders $ 480.00 Location Del Obispo/Paseo Adelanto This Change Order $ -0- Traffic Signal Adjusted Contract $ 13,380.00 Item Decrease In Increase In No. Description of Changes Contract Price Contract Price 1- 20 -day time extension as a result of material delays -0- -0- Change In Contract Price Due to This Change • Order Net Change In Contract Price $ $ -0- TIME SCHEDULE: Total Contract Days 90 Amount Prior C.O.(s) 0 Amount This C.O. 20 Adjusted Contract Days 110 New Date of Completion 8/15/77 ACCEPTANCE: Accepted by: GALLAND ELECTRIC Recommended by: GEORGE _Project Engineer Approved by: W. 1 y W. D. MURP Director of Public DATE: n c - N M T T T P1 v v •c 0 0 i1 r. n n a v •c o c u u V N H C N C � 0.. T 1 u U J ❑ C O O c q c o C ti N 7 O n d u 7 +J I 1 I e o c .O1 E U J w W 1 T u - Y N Y C O O G U U T u u C c n •.I N _ I u CJ 0 A f � C O M 0 Y Z M ' L U n L GI C c q L r. L E` U I O I f ti r; I ILH c - N M T T T P1 v v •c 0 0 i1 r. n n a v •c • (SAMPLE) Premium S, 0-0 FAITHFUL PERFORMANCE BOND • d KNOW ALL MEN BY THESE PRESENTS: That -30"'O 7085/7y WHEREAS, The City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to '-"WDe a en . , License No. 3/? 9s3 , hereinafter designated as "Principal," a contract olr- 77XA6<icS/6Kd e_ Ar- QtL9= 06.sdo -c&le_ c9 �, and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. ' NOW, THEREFORE, we, e- l�oJ2l0, as Principal, and �-�LFcm.e � IkLEAMERICANINSURANCECO PA , as surety, ald and firmly ' bound unto the City of San Juan Capistrano, a municipal corporation of Orange County, California, in the penal sum of zG�tcyF- 77fdvK ^//O f LLARS (y� /z c7oU — ) lawful money of the United States of merica, for payment of whi h sum, well and truly to be made, we bind ourselves, our heirs, executors, ' administrators and successors, joinc'Ay and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the hereby bounden Principal, his or i -s heirs, executors, administrators, successors or assigns, shall ' in all things stand to and amide by and well and truly keep and perform all the undertakings, terms, covenants, conc!it-ions, and agreements `n the said contract and any alteration thereof=, made as therein provided, all within the time and manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. ' FURTHER, the said surety, foo- 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 obligatioru or this bond, and it aces hereby rro ve nonce of any such change, extension of time, alterations or modifications of the coil"tract documents or- of work to be Performed thereunder. t 1N WITNESS WHEREOF three (3) identic:ai count^o'narts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named, on the _4. day of ' 191, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. I PRINCIPAL By THE AMERICAN INSURANCE COMPANY SURETY /J By (,j� w, ,,,�-- WILLI" J. P80B$TTS ATTORNEY IN FACS STATE OF CALIFORNIA ss: ._.__._.__._.__.COUNTY OF Los ANGELES On Abri] fi 1977 before me, the undersigned, a Notary Public of said county and state, personally aPpeared. WILLIAM J. PROWTS -- -- ---- --- -- -- ----------- known to me to be the Attorney -in -Fact of the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. f11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111p OFFICIAL ADRIENNE L. NELSON I NOVAY PUELIC CALIFCRNIA p -: FRIIJCI P'I_ OFFICE IN Notary Public Ll9 �.%GZLFS COUNTY Loa Amelee 2&42MY Cc -mission Erpires Dec. 27, 1980 MIINIIIIINI111111111111NNNNNNNIN11N11NNINII11N1NNNMWIIIIIe11Y1 .(SAMPLE) Premium Included ' LABOR AND MATERIAL BOND �oivv & 76 8s/7f KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of ' Orange County, California, has awarded to e�AC-C-4& /' v �. License No. ��/�953 hereinafter designated as "Principal," a ontract forUqL542a 4-71- and WHEREAS, said Principcl is required to furnish a bond in connection with the said contract providing chat if said Principal, or any of his or its sub -contractors, shall fail to pay for any materials, provisions, provender or other ' supplies or teams used in, upon, for or about the performance of the wort: contracted to be clone, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. ' NOW, THEREFORE, we (_sit saw. �� Principal,. and J1{�pMERICAN RA BE as surety are held firmly bou d unto the City of ' San Juan Capistrano, a municipal corporation, in the penal sum of l uDOLLARS �prtc3� ($_L2�� — ), lat%;ful money of t'ie United States of America, for paymen-c of wh—tch sumwell and truly to b: made we bind ourscives, our heirs, executors, adririnstr•ators and successors, -jointly and severally, firraly by these presents. THE CONDITION OF TlliS URLIGATIO.N is such that, if said Principal, his or its hairs, executui,s, adininis -rators, successol's orassigns, or SUb--contractors, shall fail to pay for any materials, provisions, prover,d^r, or teams, or other Suppl'i^s or eo,uipnient used in, open, for or about the prrrformance of the work, contracLf,J to be done, or for any work or labor done ii;areon of any kind, or for amounts due under the Unemploynxnt Insurance Act with respect to such work or labor as required by the provisions of Tit*le 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 tie court, This bond shall inure to -i-he benefit of any and all Perse!lS, compdnieS on_' corporations entitled $0 file cia"ims Uri tier said dCl., SU as '1.0 ni a I"i !;;'1l Oi aCa.l Ott W tihC'iil or then, aSSi(inS lit a11y Suit brought UpDil "C1i15] bond. F -20-- FUR11112, .i� agiPer; tit,.( no chiur lzid a ''Y', ce'I, of fa;- vale tc e7v time:, �:f a ic.i !�r,r:oy ct n<<�<I. IcaLaon of rhe end coni.;e,ct aocur�i,E� or of (.ham !.ori; to be , rlorm^_d sha11 'n ally tray ar�cct it oblig:�tit,rl on this bond and it docs hereby wive notice of any such change, extension of time, aliferation or r:o:iifica,tiorl of the contraci: documents or of work to be performed thereunder. F -20-- ' IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly exeuted by the Principal and surety herein named on the G f r� day of 19�. The name and corporate seal.of each corporate party be ng hereto affixed and tnese presents duly signed by its undersigned representatives pursuant to authority of its governing body. I 1 PRINCIPAL Cyl.[T&y By THE AMERICAN INSURANCE COMPANY Sl1RETY n By WILLI" J. FROB➢T ATTORNEY IN FACT —21-- STATE OF CALIFORNIA ss: ------- _-_- --- __-- COUNTY OF LOS ANGELES On Apr31 62 1977 before me, the undersigned, a Notary Public of said county and state,ersonall WILLIAM J. PHOBETTS P Y appeared -_------------- known to me to be the Attorney -in -Fact of the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. ❑::u::::�u:::a:,,:a::.::w. . . . . . . . . . . . . . . . . . . . .......:a,.u....... . . .!.......... . . . . . ... . . . . . 1 r��:�� C 'ICIAL SEAL A r i'" L NELSON � .1 "" h v =LIC "LIFCFNIA � � � � L ICE IN - _ C',UNry € -"---- -------- -' -- �---- Notary Public BR(12)10 - M/ C: rnmiasicn Expr ; Dec. 27, 1980 Loe AvyEle�mx7fALAi7:Fmnuuuuwnwn..... umwuuni,uuuw:uuunwuumium..'d AGENDA ITEM April 6, 1977 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: AWARD OF CONTRACT, TRAFFIC SIGNAL AT DEL OBISPO AND PASEO ADELANTO STTIIATTnN Bids were received for the Del Obispo and Paseo Adelanto traffic signal modification on March 25, 1977. The Engineer's estimate and the two low bidders are shown below. Upon award of the contract, construction could commence in early April and should be completed within 90 days. The new signal will replace the temporary span wire signal with new vehicle signal indications on the mast arms and new pedestrian signal heads with push buttons. Staff has reviewed the qualifications of the low bidder and has found that the contractor is qualified to perform the construction as designed. A copy of the contract required is in the specifications at the City Engineer's office. FINANCIAL CONSIDERATIONS: The Engineer's estimate and the two low bids are as follows: Engineer's estimate $12,000 Galland Electric Corporation $12,900 C.T.&.F. $14,113 Funds for this project are allocated in the 1976-77 budget under Capital Projects, Gas Tax Fund 2106. ALTERNATE ACTIONS: 1. Award the contract 2. Do not award the contract, and cancel the project. 3. Reject all bids and readvertise the project. RECOMMENDATION: By motion, award the contract for the traffic signal modification at Del Obispo and Paseo Adelanto to Galland Electric Corporation in the amount of $12,900, reject all other bids, and authorize the Mayor to execute the contract documents. Respectfully submitted, W. D. urph�� WDM: GA: cj FOR CITY COUNCIL AGENDA . . .. • • / / �. • BID PROPOSAL For the construction of ADV. DATES: TRAFFIC SIGNAL AT DEL OBISPO STREET BID DATE: 1 AND PASEO ADELANTO To the Honorable City Council c // City of San Juan Capistrano From ` Contractor �� ' Gentlemen: The undersigned, as bidder, declares that he has carefully examined the. location of the proposed work as described, examined the Plans and Specifications and General Conditions therefor, read the Instructions to Bidders, and is familiar wit:h a'_1 proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in ' paragraph 1-1.09, of the General Provisions, .in the time stated herein, for the unit price or lump sum liven on the following pages of this proposal, amounting to a total of: y �l 12 670 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 construc- tion; also the performance and completion of all the work in the manner set forth, described and shown in the Specifications or on the drawings for the work. If the contract is awarded the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and. to diligently prosecute the ;cork to completion before the e_..piratzon of 90 days. ' All bids of. Work, are to be comy;uted on as indicated in this proposal, tho basis of the given Estimated Quantities times the unit prices as sub- mitted by the bidders. In case of discrepancy between words and figures, .the words shall prevail. In case of discrepancy betvreen 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. The estimated quantities of work indicated in this proposal are approximate only, being given solely as a basis for comparison of bids. It is under- stood that the City does not expressly nor by implication agree that the -4- ' 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 the enclosed check or bid bond shall be returned to the under- signed within thirty (30) days. 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 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 bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for tl4e failure of the undersigned to comply with the terms of this proposal. (accompanying this proposal is � (insert "$ cahs" "cashier's check" "certified check" or "bidder's bond" as ' the case may be) in an amount equal to at least ten percent (10%) of the total bid. '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. 3/ 7J $ 3 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 composi._y the firm: president, -secretary, treasurer and manager thereof.) Dated: '3--� "-- , 19 Business Address�yla ' e��C, Phone Number -5- I 1 1 1 1 0 SCHEDULE OF WORK INSTALLATION OF A TRAFFIC SIGNAL AT DEL OBISPO STREET AND PASEO ADELANTO WORK ITEM (Price in Words) Furnish and install new traffic signal, street lighting and electrical facilities, utilizing the existing cont11 �, mple e in place fqy the lump stun of X P �2 -, Lump Sum Price (in Figures) 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. Z S iXnae — — u:of adder. P`iune: ivrni>er -6- Date 0 0 NON -COLLUSION AFFIDAVIT TO BE'EXECUTED BY ' BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) County of ) ss. ,1 , being first duly sworn deposes and says that he is 2// �„/� of a_9�-100 the party making the ' foregoing bid; that such bid is not made in th6 iii.,crest 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 any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of anv 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 any one 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 indi- vidual except to any person or persons as have a partnership or other ' financial interest with said bidder in.this general business. By"�� 7 Subscri!;ed and sworn to before me this day of;�✓6LA_, 19--7;;" .y N otary public: for said v nd State O ^0Jv'=i.t0 t•+Ud won -+. �.: ?A", a, 4+*• S C ` L o j1A -7- a 10 0 TIAs AJIERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That We BID OR PROPOSAL BOND Galland Electric Corporation n—, • ilt r rnilci the principal), as principal, and THE AMERICAN INSURANCE COMPANY, a corporation organized and doing . - • , r d by v,rluo of the lo., of the Star- of flew lerxy, and duly licensed for the purpose of making, guaranteeing or becs,:oing sole surely upon bonds cr undertakings required or authorized by the laws of the Stale of New Jersey , a= S .-"t; are held and firmly bound unto City of San Juan Capistrano, Cal" (hereinafter called the Obligee) in the lust and full sum of TEN PERCENT (10%) OF BID AMOUNT Eo!I-us (? 1 lawful money of the Ugited States of America. for the payment of which, well and truly to be nrrlrt we hereby hind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. THF C011L!TIOII OF THIS ORLIGA71011 IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand IT! and SUE felt to the obligee a bid or proposal for the installation of traffic signals at Del Obispo Avenue and Paseo Adelanto. in ,, wconce with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. '1HI liFFORE if the bid or prepe�nl of said principal shall be -accepted, and the contract for such work be, awarded to the principal 11"r _n by file sa-d iI I;aee. and svd pnncr. pal shall enter into a contract and bond for the completion of said work as required by !-i then this obhgahon to be null and void, otherwise to be and remain in lull force and effect. IN Will HESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 25th day of March '19770 360277-- ITA) --11 .66 Galland Flectric Corporation By�-//e/y THE AMERICAN INSURANCE COMPANY By William J. Probetts Attorney -m -Fact sioh' ,lr Calif ornia e8 County at ( Los Angeles On April 1977 , before me, a Notary Public in and for said County and State, residing the.rein, duly commissioned and swotn, personalty appeared William J Probetta known to me to be Attorney -in -Fact of TAE AMERICAN INSURANCE COMPANY the corporotion described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHE%gFI�I h:5lvie,,b,"r:L��id�l:Io,,:fife%v:haR:::�:R, �:.fl��:1i:SLed my official seal, the day and year stated in this certificate above. OrFICIAL SEAL E ADRIENNE L. NELSON _ NC :ARV PUPLIC CPL1FCRNIA My Commission Egp k - -S ccuNry - Notary Public 360212-6-68 5 Niv( 7_.: =,c. 27, 1S80 I 0 0 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 is 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. ' 2. 3. 1 4. 5. 6. ' 7. 8. 1 1 1 Item of Work Sub --Contractor Address BIDDER'S NAME � r13 UTA 3i�C hf7,LD SIGNATURE RR Ma Phone No. I1 1 1] 0 0_ Securing Documents. Plans, specifications and other co::tract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids." Examination of Plans,_§p_ecifications and site of Work. The bidder is required to examine the site of work, the proposal, the plans and the specifications very carefully. lie 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 pians for the work show conditions as they are believed to exist, but it is not to be inferred that all th- conditions as shown thereon are actually existent, nor shall the City 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 quostion. 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 _g_ II Ii II II 1 1 1 0 0 will be mailed to each person to whom a set of contract documents has been delivered. The City 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 docu- ments 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 i-ssued, 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. 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 I�ot.h in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the word.s 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 most be initialed in ink by the Person or persons signing the bid. -10- 11 I I I� C L I I C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equip- ment 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 for such a sum of not less than ten (10) percent cf the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City as a guarantee that: the bidder, if awarded the contract, will in good faith enter into si,:ih 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 docu- ments, such check or bond, and the money represented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten O0) percent of the amount of the bid. A bid received and not acco.npanied by such cashier's check, certified chec,c or approved bond shall be rejected. G. Bids shawl be delivered to i.he City at the location stiuplated, on or before the day and houf 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 and the name of the bidder. -11- ' 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. Withdrawl of Bids. ' Any bidden' may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. ' Open:ing of: Bid Proposals. The City 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 forty --five (45) 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 forty-five ' (45) 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, however, reserves the right to reject any or all ' bids and to waive any nonconformity in the bids received. The bidder to whom the award is made shall execute a written Contract ' with the City and furnish the stipulated bonds within ten (10) days after the notice of award of contract. The Contract Agreen;-nt shall be rnad< in the form adopi.ed by the City. The release of the success- ful bi_ddet''s surety deposit, as pa:ev,.ousl.y stipulated, shall be. made ' upon the City'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 -12- I 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. Within ten days after the awarding of the con- tract, the City will return the proposal guarantee accompanying each of'the proposals which are rejected. Bonds. The successful bidder., simultaneously with the execution of the Agreement, will be required to furnish a Labor and Materials Bond in a sum not less that one hundred percent: (1.00%) 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 satisfactory to the City. Surety companies, to be acceptable to the City, must be authorized to do business in the State of. California and be on the accredited list of the United States Treasury. Time of Performance. The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently prose- cuted until. completion. A time limit of ninety (90 ) calendar dayu from date of execution of the contract 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. A^5a7.c�nment o�'. Contreact. No as,ign:iaen'by the Contractor of any contract to be entered into hereundcr or atny pant -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. -13- 0 0 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 pursuant to said .Code and as Listed in the "Notice Inviting Bids." Building Permits. it shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as requi.red, for the completion of the project. No extra compensation shall be made therefore. rID ®PENT G r MARCH 25,779 11:00 A.M., FRIDAY 11:00 A.. TRAFFIC SIGNAL INSTALLATION DEL OBISPO AND PASEO ADELANTO BIDDER AMOUNT c a© 1 .__ 4p"Cp - 7-7 64 e R 31ar-1-7 7 ft PROOF OF PUBLICATION (2015.6 C.C.P.) STATE OF CALIFORNIA, County of Orange City of San Clemente FiEC 04 This apace is for the County Clerk's ruing Stamp JFD I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the San Clemente Sun -Post a newspaper of general circulation printed and published ............ Ra117 in the City of San Clemente County of Orange, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11, 1960, Case Number A9140; that th"otice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any snpplement thereof on the following dates, to -wit: March 7 & all in the year 19....77 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 14th day o ............March ...... _.............. 19.._27. .. _.........-`-. L . ....l..G..... Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 714492-5121 Proof of Publication of NOTICE INVITING BIBS NOTICEIlVVMGBEN contract for said Werk Public notice is hereby gtveu► cow'd will be awardedtst10 aumea�Eal that the City of Sunk Juan ii Capiefreno will up to 11:00 ;=I { gnall— rates so an an s ° , pp[roovvii�/sa�� on the 96th day of starch, 1977, receive sealed proposals or bids Wages r trade � for the installation of traffic be {� signals and. highway lighting at overtimabde bo work shall not be ire the intersection of Del Obispo ws Street and PaAdelanto, to than the Prevailing rates In accordance with the approved Oky�e County, RHdatbn � 7{.11-17.3 adopted by the CIO and on Me Cekmell Of the Qty of San Jeep in the office ofaus the of Capistrano WA forth in do* the Juan of Sen JuCapistrano, said rates and stilt Qty Hall, 39100 Paseo Adebmto, Information.� Son Join Captatrano, Calibrate. Bids will be ic ' of Plans n So Spice file in the are mill the time hereinbefore ' Cl of the Qty Clerk Ilia of indicated at the San Juan pBill Joan Juan Capistrano, nCapl Para Capistruno Qty Belf, nt00 Adehmto,. ies Paseo Adelanto, San Juan Copan f the p1p, Copies of the Capistrano, California. tkana ter ss Is end specifications a� Sing No bid will be received unless It is made On a bid to M tog oda , be obtaiai Cllt. provided Within specifications. Each propoad Or at the Office ad qe sty at the ft a Oat Of San Juan shown above pleases ahown dace. One ort bid must be accompanied by a b Plana and to certified check, cash, alder's r esobatioaa available for each' gemerd check or bidder's bond paybie to contractor prepoA* to the qty of San Juan Capistrano submit a bbd for said work. A in the sum of not leas than ten cbwp in the,maim of $10.00, per, cat of the amount. non-refundable, mired for The bid check, cashier's obtaining each ad Plass and check or bdder's bond of the Specficatbm. suce�[kd bidder will be tor- Each bi state the felted to said City in the event Calitei'nto 'a IJcense web auccessm tijlder f" to Naber of so enter into the req contract bidding";. as be ac - within 9n days atter the written cepted g�p actor who notice that said antkxt has has not bes0 llbeflaod, In ac - been. awarded to him for the cordaoce with`lbe provldone of Work$IDDERS ARE HEREBY the laws of tha.. State of CaliforniaensingreLjA to the NOWIED THAT, purinind to licensing of contractors. the labor Code of the State of Thin Notice given California, the Cit of San Juan ,hereby P by ader of the Capistrano ftsta'�ertahkd and �y Council Me city of Sm determined the genatal Joan Capistrano, and is dated ptevailtog rete M per dkm this lstday otMape�,JW7. wages, and the(a) Mary A. Hanovbr, prevailing rate for legdhol(day r*. mm* and overtime xerk in the kaxlky hn which, -walk to to be saio®ed beach e�ek man NOTIrrE OF TRANSMITTLEGAL PUBLICATIONS • T0: Daily Sun -Post Helen Nielsen, Legal FOR PUBLICATION ON: Monday March 7, 1977 and Monday March 14, 1977 DOCUMENT(S) TO BE PUBLISHED: NOTICE INVITING BIDS Installation of a Traffic Signal at Del Obispo Street and Paseo Adelanto PROOF OF PUBLICATION: Please send to: Office of the City Clerk City hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: DATE: March 1, 1977 Date sent to paper Date proofed Date published Date aifidavit received Cost 1 - NOTICE INVITING RIDS -, Public notice is hereby given that the City of San Juan Capistrano ' r - will up to 11:00 a,m, on the 25th day of March , 1977, receive sealed proposals or bids for the installation of traffic signals and ` highway lighting at the intersection of Del Obispo Street and Paseo Adelanto, in accordance with the approved plans and specifications on ` file in the office of the City Clerk of the City of San Juan Capistrano, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. Bids i l7j will be received until the time hereinbefore indicated at the San Juan {� Capistrano City Nall, 32400 Paseo Adelanto, San Juan Capistrano, California. - No bid will be received unless it is made on a proposal provided - © within these specifications. 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 amount. The bid check, cashier's check or bidder's bond of the successful ® bidder will be forfeited to said City in the event such successful i bidder fails to enter into the required contract within 25 days i - � after the written notice that said contract has been awarded to him -f for the work. 1 t - BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, the City of San Juan Capistrano has ascertained and determined the general prevailing rate of per diem wages, and the general prevailing rate for legal holiday and overtime work in the ` locality in which said work is to be performed for each craft classifi- cation or type of workman needed to execute the contract for said work which contract will be awarded to the successful bidder. The general prevailing rats so determined are as hereinafter provided. Wages h" for trades not specifically listed, and wages to be paid for overtime �* and holiday work shall not be less than the prevailing rates in Orangey County, Resolution No. 76-11-17-3 adopted by the City Council of the City of San Juan Capistrano sets forth in detail said prevailing rates ; and other information. Copies of Plans and Specifications are on file in the office of i i . 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 j Juan Capistrano, at the address shown above. One set of Plans and , _ Specifications is available for each general contractor proposing to S submit a bid for said work. A charge in the amount of $10.00, non- r refundable, is required for obtaining each set of Plans and Specifi- cations. Each bidder shall state the California Contractor's License Number r i 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 City ' Council of the City of San Juan Capistrano, and is dated this 1st ' day of March 1977. CITY C•ERY, ' - CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA _ ,f AGENDA ITEM February 16, 1977 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Traffic Signal, Paseo Adelanto and Del Obispo Approval of Plans and Specifications and Call For Bids SITUATION: In December, 1976, the City Council amended the 1976-77 fiscal budget to include the traffic signal modification at the inter- section of Del Obispo and Paseo Adelanto. The subject signal will be modified with a permanent installation and improved highway lighting. The existing signal is a temporary installation and was to be modified when funds were available for the permanent instal- lation. The modification will include mast arm signal indications to improve signal visibility and pedestrian push buttons. The existing controller will be utilized and replaced in conjunction with the traffic signal installation at Del Obispo and Alipaz. FINANCIAL CONSIDERATIONS The estimated cost for modifying the traffic signal with a perma- nent installation is $11,000. Funds for this project are allocated in the 1976-77 budget under Capital Projects Gas Tax Fund 2106. ALTERNATE ACTIONS 1. Approve the plans and specifications and authorize the City Engineer to advertise for bids. 2. Request further information. 3. Do not approve the traffic signal modification. RECOMMENDATION By motion, approve the plans and specifications and authorize the City Engineer to advertise for bids. 1Re'sp%e�ctfuully submitted, W.D W. D.. Muu phphi WDM:GA:rm Jil CITY COUNCIL F,uENDA ... too** el i(}/! '9� 09 PA EO'AOECANTO . �S SAN JVAlly,.l� I5TRAN0; CA�.IFORNIA 92.675 j NON6493:117 September 27, 1977 Galland Electric Company 2020 East Lincoln Anaheim, California 93806 Re: Del. Obispo/Paseo Adelanto Traffic Signal Gentlemen: At their meeting of September 21, 1977, the City Council adopted Resolution No. 77-9-21-2, declaring work to be completed for the traffic signal installation at the intersection of Del Obispo and Paseo Adelanto. Please note that the total cost of the work (Section 2) was corrected to $13,380.00. A copy of that Resolution is enclosed for your files. The Notice of Completion was recorded on September 26, 1977, and consequently, the final payment in the amount of $1,338.00 may be released on October 31, 1977. Very truly yours, ov,��CHERYL Deputy City Clerk cj Enclosure cc: Director of Public Works Director of Administrative Services $10.00 non- refundable Installation of Traffic wbp Bid Opening - Del Ob U11 LU :1 FICATIONS/-DRAW JN March 25, 1977, 11: ($10,000.00 est.) (by P.W. for job) l 00 A.M., Friday NAME ADDRESS PHONE N Arg T o C, rA pit [� UD C:E� — __ (t -3 A, &,a a UAl 7 d_r, 17 --- _C Ll L '3____ _ _ __ qa a7 17� _1 J o--- &E_aaQ_ ('611 7 3 6 L) 0 -7 WAn" CC � d , a _77J-�150 1 2 - DETAIL SPECIFICATIONS INDEX Sect-icm —-- Title ------- Page .1 7.-1 DUST CONTROL 63 2-2 CLEARTNG LVID GRUBBING 64 1 2-3 MTSCF.L•LAP IM' 117, REI"IO PT , AND/OP 65 I:ELOCAT OiU ' 2-4 WATERING 66 2-5 E7�RTIIWORK 67 1 2-6 AGGJSGA`i'E I i'ISE 72 1 2-7 ASPIIALT 73 2-8 JAC;I'-:NG OP STEEL CAS NTC 75 1 2-9 TRIENCE REc."IJRI,'c.CING 77 2 -IG SIIEa,j ;G, STTO ING I�IJD LT'; `:itl , 7$ 1 2-11 . C..":;,'.. FG 2. 13 CO,' 0);' WOM"' $2 1 2-1.. &5 2. , 2. 2-20 1'3..r;3 i i -- 2.- t2_ DETAIL SPECIFICATIONS 2-1 DUST CONTROL, ' The Contractor shall maintain effective dust control at all times in accordance with Section 10 of the Standard Specifi- cations, except as modified below; 1 Water_ and/or dust palliative shall be furnished and applied by the Contractor at his own expense ' and no additional payment will be allowed. 1 0 0 ' 2-2 CLEARING AND GRUBBING Clearing and grubbing shall conform to the provisions of Section 16 of the Standard Specifications, except as :aodified herein. The provisions of the first paragraph of Secti.c,n 16-1.05 of ' the SLandard Speci.fic�ltions shall be superseded by the following: Cler.r.ing and grubbing shall be paid for by a lump sum price, by the acre, or by any other method specified on the plans or in the speciz.1 provisions. If it is determined by the Engineer that substantial sma1.1_--root growth is cneounte_red in the area below the natural around surface, this growth shall be removed to a depth of not more than thirty (30) inches and hauled away. Clean material. of R -Value equal to, or better than, the average as determined during pre -bidding tests, shall be placed and compacted in the areas so cleared and gr'ubbe.d of small -root growth . 1 2-4 WATERING The provisions of Sectio:,. 17 of the Standard Specifications are supplemented by the :.,flowing: The Contractor shall make arrangements with the Orange County Waterworks District #4 for water to be used for construction purposes. Water shall be applied as directed by the Engineer. The Contractor shall supply all necessary water at his own oxpense alid no add;.tional payment will be allowed. --66.- I 1 0 2-5 EARTIiWORK 2-5.01 Structure Excavation, Lackfill 2-5.01..1 General Structure excavation and backfill shall conform to the applicable provisions of Section 19-3 of the Standard Specifications Method "A", as modified herein. Except by special perm ss.i-on of the Engineer the t.cnch shall not be open for more than four hundred (ZOO) feet total, including excavation, forming and placing concrete for strictures, pipe laying and backfilling, at any one location. Work in more than one location will require approval, prior to const- ruction, by the Engineer. It is estimated that there may be surplus excavation material which, unless noted otherwise on the plans or in the special provisions, shall become the property of the Con_ -,-actor and shall be disposed of in accordaiece w:iLh the provisions in Section 7-1..3 of the Standard Speci.`i- catior..,. A writi-cri permit from proJerty o;sncrt: e:ha+l 1 required. 13ar?. ' ce rs, she,1.1_ be. pl r. c(,d at each e nr.. of i- I excvva Aons a_i.'id at such places as m,=y be deemed necessary by the Engj.neer. Lights shall also be p1a,,ec!. alo.%i excavat ons front sunset each day to sunrise, of thc. next day until such excavrrti_on is ei:tirely refilled. I1.C, ']cv Cl;U9?1i; YridU'CTi;.I_, L.'11 :.:i f] requ. i_f C�lr :>hal-�_ be cl ->c `ic:; as, an is em of excavat ion. The or.igi?,o1 A.C. a7s;q,;rieCnt cut may be perfor,red ley any 1dr:,�-7,s the Cont actrn m:ay .,c:L�ct. Ilow(3 :T�:-r, aJ-i:e7. j ,:1_l._ n .ilfj _.��:.7G:�:Ci"C �T cO=i-i- pac.i_.i-ou ar,c' p1:2OS: tO all. A,C. p�.v<-:.:is- i- cuts .A� :•_l;- be :.at:_gid to saNeed c.s"rhe ebut:L:i_n,] al.l e:- ca! or )'e Sl?i'.. PkC1T?gy ciL<,£piwh re the L'e Si�S �c-C1llg absLca i�cTrtl_�-rr1 uerient cor�cz:>te irn}Jrovernents. Saw cuL, sljall 'Oe "i Ci i'-"nim.l'm '=1?tl] o one and on; --half W) inches. The Contractor shall obtain from the Public Works Department a permit to excavate in the Cita street. - 6 . I , II 1 t 2-5.01.3 Structural Backfill All excavations shall be backfilled as soon as permitted under the specification so that when the job is closed do,m for the day the open excavation will be kept at a minimum and adjacont utilities and structures will receive a maximum of backfill. support. Back— fill material shall be composed of clean, fine earth or sand, free from large stones or lumps or broken pieces of asphaltic concrete ur),le.ss well dispersed in the bac'-- fill area unc:,er the direction of the Engineer, and shall be placed ;,s herein specified. The provisior::3 of Section 19-3.06 of the Standard Specifications are superseded by the following as .related to the compaction requirements of structure backfill. A minimum relative compaction of 90 percent shall be required except when the excavation i.s within the limits of a traveled way with an existing wearing surface. Then structure back.iill- Within 0.50 of the grading pl<n1, shall be com- pacted to not less than 95 percent relative ccmpactioll throughout the excavat.,oT.. o1:h. travca.c:r± c.�a-Y plus olle (1) foot on each s:Lde thereo:l::- Relativri compz�cLion shall be ceterrcinEd as specifi.ct in Section 2-5.0b of the�:c li�!..,a:i_1 The C:Lt ,!91 1.1 l_Cqu:' .] ', i=i1 P, seTvicC'E o:i 6,u approved � z.ory for the purpose of testing the co,lipaction of the backfill. Of tl.)o L..,j,.., t}1 t shall 3 the C;)�L ?:e-i:C9tS ,;11f. 1. be U',r, of 01_ cc,,.'r; ra.il7.:ocdP, G7: oiitho:C agc`i)cles shc.)_1 be in Eiccordance wii_h t1Le redui-emel;trs of and to the' ::t:isiaci.i-oa of the agency c;ncern:d. 1 2-_0' In the event ground water is encountered in trenching for the laying of pipes, the Contractor shall furnish and place Commercial No. 3 rock to provide a firm bedding for the pipe. This rock shall be placed only on ' written direction of the Engineer and to the depth directed by the Engineer. An ' invoice shall be given to the Engineer cover, ng any rock placed for this purpose and, unless there is a bid item for rock ber'iding in the proposal, p?yment will be made from this .invoice as follows: a. Material - Coe -'i of rock placed as shoran on invoice, plus sales ' tax. ' b. Labo.and Equipment - 1.5 percent of cost of rock, only, as shown on invoice. P L 1 C. Overhead a. -d Profit - 15 percent of the sum of the cost of rock, only, as shown on the invoice, plus labor and equipment as speci::ied above. 13a Set.^.Gat;'i. ^ia teri.al_ 2-5.02.1 O__: g', -a1. Rrp til= The provision- of Fcc ,o 19-5 of ,he t the AO .IOLa:Lily. Comp_8ct:i.on o o--1c;i_nl,l grounc: u-`Uhin the wi dth of the gre.di nn plan:^ will not be required, but subgrade pre- paration shall be required as provided in the Si:andard ;;p,c:if=iczl.i:.on; as 0.50 foci: of io a rel. atc> not 1CSs tilan 90 pr i els _,v ex m .IC'i:' i„ shd11 as s 1;..c lfiC d 1l'l Section 2.-5.0< of :i c:::e De.:r:i1. S <tc;. icaiions -69- 2-_0' P L 1 C. Overhead a. -d Profit - 15 percent of the sum of the cost of rock, only, as shown on the invoice, plus labor and equipment as speci::ied above. 13a Set.^.Gat;'i. ^ia teri.al_ 2-5.02.1 O__: g', -a1. Rrp til= The provision- of Fcc ,o 19-5 of ,he t the AO .IOLa:Lily. Comp_8ct:i.on o o--1c;i_nl,l grounc: u-`Uhin the wi dth of the gre.di nn plan:^ will not be required, but subgrade pre- paration shall be required as provided in the Si:andard ;;p,c:if=iczl.i:.on; as 0.50 foci: of io a rel. atc> not 1CSs tilan 90 pr i els _,v ex m .IC'i:' i„ shd11 as s 1;..c lfiC d 1l'l Section 2.-5.0< of :i c:::e De.:r:i1. S <tc;. icaiions -69- 1 2-5.02.2 Measurement and Payment The provisions of Section 1.9-5.06 of the 1 Standv.r-d Specifications are modified as follows: 1 1 Measurement.-. and payment for the ' compaction of the undisturbed origina-I- ground in the shoulder areas w -L in 0.50 foot_ of the finished grade will. be included 1 in the contract price per cubic yar,i of escavat:ion i. n- lieu of a. 1 separate measuremcrt and payment scluare per yard. 2--5.03 Embr�li':nient Cmi si_ru(7t _on 2-5.03.1 Placement The seventh paragraph of Section 19-6.01 1 of the Standaro Speci-ficat.ions shall be modific,d as fo-).loi,7�: 1 Ain matcr-'rl with a greatest 6' .mcn:,i-on Oti CT_ O.JU 1c;Ct h,2 clas—it;_P.d. mate::': -aa -' and shall not 3 co be a r�d in the co- :strt c c,�, of prio,: lr(i{fi..i_ ',;'.: :o .,_ of: the City 1 hngineca. 2-5.03.2 C-,,,:,:,, ^{:.nr 7''.;=- 'c,.=•rr'c 1 The of S<'C 4 l r11 .1.9-5.02 of t}:e Si. i)C c1J G I_i ( -L aC n arcs loo i.,r3' Lis folio; ,: 1 Within the width of the grading ]'�1 d1`,U E'c,. ,.'� .t_;.._ �i]: Ot. (:T�1�t7i?i:2i,',_'ITC �'?1lil)]_➢ 0 5C; 1 J;c-_Cit _i_: VC J: 07' plz ni _,.i_n (_tie c;;. t1_i.- u•_1n(- nl�,nc: Z.nd (.o 1 st,a_I h -v z nla I iC ,^ p CtJ, of not 1 (0 -cenLRel.tive slia.11 ha d term777ed as C.pi-'CJ_ti1<::d n Seel -ion 2-5.05 of these 1 Detail Specifications. 1 1 ' 2Y5.0,! ^ . Slope Constrl cf i.ori Any m=!trrial wii-h a greatest dimenE ion over 0.50 foot= shall be classified as unsuitcble material and Shall net be pern;itted to remain i_n the top one feet of the slope face without w:'itten approval of the City Dwinr.:er. 2--5.05 ReIaii.vc Conraacti-oj: ' Whcn otic i the c,] at.i ve comnacti.on is to ' 2-5.03.3 Measurement and Payment by Te,,L The Contract price per cubic yard of -.n3 c. 216 , th.: excavation sl:,, -ll include any necessary haulaway and/or disposal. of surplus or shall ba unsuitable material, placement a;,d com- Mccl'coc? Ifo. pQction of embankment material other than ' i.wpori.ed borrow, shaping and grading of dr.i.ve.,eays, and.r,ny necessary preparation ' and compaction of the 0.50 foot layer of undi_scurbed or_i-gi-rA.al ground within C_.: I -,.:l `i' by cnc ti. shoulc.< r areas. ' 2Y5.0,! ^ . Slope Constrl cf i.ori Any m=!trrial wii-h a greatest dimenE ion over 0.50 foot= shall be classified as unsuitcble material and Shall net be pern;itted to remain i_n the top one feet of the slope face without w:'itten approval of the City Dwinr.:er. 2--5.05 ReIaii.vc Conraacti-oj: ' Whcn otic i the c,] at.i ve comnacti.on is to be date rmined by Te,,L :et:; o Ido. Ca] i {r -.n3 c. 216 , th.: rel:,t :.t7e cojxic,.i.oa:. shall ba by 'Cert Mccl'coc? Ifo. Ca.li_:Pc _-n:La 216 or 231 . J'1io may Sic' C_.: I -,.:l `i' by cnc ti. i._ - i ,o1 No. Cztli o:.nJa 2317, o'- zro, CC Vic 1 LII -71- 1 2-6 AGGREGATE BASS 2-6.01_ General Cl iss 3 acigy-er}ate ])rare shall conform to the provisions for Class 2 aggregate base as snec-fi.t_d in Section 26 of the Stcr.3ard Specifications and tiiese Special Provisions. ' At ].east 65 ;ccrcer,t, by weight, of the material. retained on the No. 1 Sieve �,ha1-1 have 2t least one fractured. face as deizami-ned by Test Met}iod No. California 205. �1 F1 1 Tbo grading l.imi_ts for Class 2 aggr.�gai.e }aso shall be 1.' " maximum or 3/4" maximum at the option of tho Contractor. Changes from one creding to another shall not: be made during the progress of the work, unless perrai_ti-ed by the Enga.neer. The sand equivalent by `lest Method No. Calii_orn:ia 217 shall be 40 minimum. At the d]scxction of the Engineer, the R --Value requirement may be waived as provided in Section 26-1.02B of the Staidard Specification 2.-6.02 Sp s.iiii�r, _r,d ilo '11C' prov:,-si n:,i nh 25_ 1 .0'5 o' t}::- .,..andorci 71t e t-iT_�- I =, G7 1,Qi-n tho Such liloi:-tore �,;ha;t.l bei'u nit -1y d1.-icl''.':,U :E'd th �_ot?(j).oui, tb:: ina tc.r:.a. . In lieu of the spreading requirements specified in Section 26, aggregate base material shall be spread d_'S.'C° ": i-;OJ.0 1_ i' _..0 , • 17: - .A or lziv'r-- r'tnC O1: =ry C, .1.:Jn 26 2--5.04 li 52s1 :Cot. $; �1_(' Rl. 1 _--1 lt0 'FlC3 47L11 not c;.:oinc? end tri arce:a P.C7'i: !}71e l'✓ cc -v cP-s. 11 :L'i: U'ai: _. pi: O(r:all 5;, %h2 ]IlFtt2_r'li�_l S}7a.l.;. bc b1CTnG b4 to a uniforl'l gradation before any additional material is placed on its surface. •-72-- -73- l�' ' 2-7 ASPHALT CONCRETE 2-7.01 General ' Asphalt concrete shall conform to the provisions of Section 39 of the Standard Specifications, except as modified he.rei.n. ' All paving asphalt shall, have a penetration range of 85--100. Af�,phal.t concrete shall be Type L'. The amount of asphalt bi.nder to be mixed with the ' mineral_ aggregate shall. be between 4i percent and 71 perm..-int by veight of the dry mineral agg,-egate. The e>r.:.ct amount of asphalt binder to be mixed with the min:r..al aggregate will be dote,mined by the Engineer. ' The final surface course of asphalt concrete shall conform to the grading specified under Section 39-2.02 of the Standard Specificrt.ions for title 3/4 inch maximu.Ia, medium grading, or as decer- mi_ned by they Engineer. The w1r".4_1P.1r a mp cted 1 rklln.^,s o, ti)a final surf cc coif >c of conerite ;hall_ be cne WA At leant 75 p :CCP_i1t ])V S7C7'_gliis of tllC3 Ifl �.t.r�:C 1.e'1_ retz.:J.nc i on tli:? No. 4 sj ove Shu. i"1 1- -ve at: .i C, cLR t. - one fr2'.otilred-Ece as (i +i:fill-1 _leCi l:ry Z'E:D'L P1c"i.l'Ud No. C=•_1.iiotl .�. "05 laoc;. 7n lien of thL, rnl.l.i_n,l j Scc')ou 3!'- 5, 03 aid 4-; G'. o-,- . to t0 V'I;'n s_„i1 Cfri v _Gi1 2.---;1 'G. `. Y� a )_ohl_> 7-7r Ci. '.ou, }. ct ,...ilii r to t�lll"tC2)l _,. )-%'J j:_:L C)U Cizp A.C. f�;; �;`i". a_1`lj ))L:`J L-`i::'J tt .i, be r .moArFd -o) -' y 1 1 ; the or"-. ) i il.al C u_i. may he by ai,y m Lhod i-lic Coln or selocts. However, the final pavement cut :;hall he sawed to provide a straight .ane true edge. Saw-cui-o shall be to mini.:a"Im de;rP1I of ono rr_xi one-half it-);) inches. -73- l�' I F 1 0 0 2-7.02 Primo Coat Where called for on the plans, prime coat shall be required as specified in Sections 39-4.02 and 93 of the Standard Specifications. SC -350 or SC -70 grade of liquid asphalt shall be applied at the approximate rate of 0.17 gallon per sc_uare yard, the exact rate and grade to be determined by the Engineer. The contract price for prime coal.. shall include furnishing and apply -ng prime coat, complete in place. 2-7.03 Paint Pinder. Paint binder shall be required as specified in Secii.ons 39-4.02 and 91 of the Standard Specifications. A mixing type of asphalt;_- emulsion incorporating a bituminous base of Grade 1.20-1.50 paving asphalt shall be applied at an approximate rate of 0.10 gallon per square yard, the exact rate to be c.atenuined by the Engineer. 2-7.04 .Fog Seal Coat A fog sei l coat. sh,,.11 be ap;)lied uni.formly 'Co the sur'fc)cc:`. of tbfl C"';]bc,-IL cci10-c'Le oohs'—D-I:Led un(�er this ),roject, as d.i_:r'erted by Lhe Engineer. `I'hrI fog Of ."seal Ci` -''i: ShallC"DitiOTlil ti.<� tih'- provisions Oi SC'C%i,Gri£" '!-1. and �'A. Ca. the A m?7_"iIirr t y p. emul`: :� nn bi"LiliJ-nou ' 3)z, 2 a' Gracie SS1 &'ii i l be «u l'_e.t _t r:.n <;: ro ,1n .:__, n 1: c, 1 e-adin:; rate For file o3 -.i.[, of 0.10 qr'.l lon cr square �,�ari++, the c a -t;- to he lnginee,: 2--7.05 1.7c.ed T:3_lle_= The sul,grtde o' all_ areas to be surfaced with asphalt concrete: o-,:, nai.ive t:li_h a polylx); chlul:a.t:cs (c>:c cc?at�.1) .,_"sd P;il.:Le, at of not less then on-: (l) 1L,,,uji,9 per c,::l.lon of v,c;ter F.nld not ln`:sz 'ihb-;a f(W.- (4) pox' one ]III --c:(l (1.00)S?U11�__ if -J— Phc� ;Ul'.i::iC)Ll beun.i._r��.rnly cq)rp;_i"cam 1:i�L�h «pot<,"_ spcuy an. ike Call tra(- -or 510.''.1. ', J. I_, by rIS£YUr3 an]CC':'0,11, P7eed C:'o i:riai i'I-I ";, �A>i'J_-C In ;:11C'_ t.'_'G it i�e C� aLCefi a year: Zi"0111 (1.i;. `to',4o',4- -74-- I -74" ._;i5_.. • ' 2-8 JACKING OF STEEL CASING 2--8.0.1 General ' At locations shown on the plans, steel. casing shall be jacked into place per the details on the plans. The ;n�thod and equipment used in the jacking operas.ion shall. be optional with the Contractor; however, the proposed method must be first approved by the Engineer. Such approval snail in no way relieve the Contractor of the responsibility for damage of any nature which might occur as a. result of the method used or of the responci.bility of meeting the regllircments of the ' plans and specifications. Only v;o:ki'.;en exper;_cnced in the operation of jacking steel c.; c;i.ng shaJ.l be used on the work. ' 2-8.02 Align,nut and Grad= The driving ends of the steel casing shall be properly protected and the steel casing shall. be jacked true to alignment and grade shown on the plans with an ' allowable maximum deviation of twenty --five hundredths (.25) of a fool: pc+r one hua.J.rcd (100) feet of s;tecl caoing 2-P.03 The `.Che lir;ii.;: of jar' .-_S.ng, a� r',o;:;, on tans. pl,a„r, may be cncx cd by 'Clic (on r. c or if he so desires; ' hoh*evc- T a.. < i Ohren^u , � be obtai ncr1. ItFilil-1. 1::' ..all J_S1C]. L'.BSe 1n jaching lirni t n tCc� by i:h r J�gin :� 7 ny,a n c 'or furs work will be ra c_,, a uacuc-h the o yin 1 jacl .i-ny limits ),au }JC?C'.11 usCd. anis' i9J_.I.1 be haS ed C?1 Ln.; conte:act prices therefor. 2-8.0n Steel r_,,r,,inq TJ ac ("c - 1-i 1 .t1 b; t _ci moo. !ll bac', in_J ' ops ,'� c', :is to upon it. The .,._1.... cE:rsing< <._. _.sot -r,, 0n the pl «n 1) u t ;tk; L -�c� , ped 1 0o-;' and not ,; n c -y t�1k�i L0 why lk miy be pia'-Ced Upu it as a rc ..0 I of jckinc ,gyp . ra ion,:. Any .-incre:LSE� in steel c <;si.nq .i: _cncj h re iiired in order to ' withstand jacking l.oc,ds shz:J.l_ ba the respons:i_bility of the Contractor. ._;i5_.. 2-8.05 Jacking and Receiving Pits The jacking and receiving pits shall be tight t sheeted and braced in such manner as to provide safe working conditions and to protect any adjacent facilities or strucl_ures as specified in Section 2-1.0 of the:.o Petail Specificat_ons. Sheeting shall be adeniiate to wi_t1:si:and adde l loads and vibraL--ions due to traffic. 2-8.06 Ja.cki.na The eV.cavai-,-�-' hole aiiesr"z o,: the car:i-,g shall ri•:ot be. more that- 0.10 foot (,-�-eatex Shan '-he outside lir„its of the cas:=ng. Slui..ing or jetting with water ahead o:J the casing will not 7�e perm.ltted. 11111en material tends to cave in from outside these limits, the face of the excavation shall not extend beyond the end of the casing greater than one and one-half (1 ) feet, unless permitted by the Engineer_. Areas res:.).Jting from caving or excavation outside the above limits shall be backfilled with sand or grout by a method which wi)l fill the voids Pnd be acceptable to the P.n.g.nee-r. --76-- I II Ci d 0 0 2-9 TRENCH RESURPACING The Contractor shall replace pavement removed or damaged in the process of trench excavating and the structural section to be replaced shall be one inch thicker= than that removed, but not less than six (6) inches of A.C. over native mat.eri.al, or three (3) inches of A.C. over six (6) inches of aggregate base, or as required in these specifications, shown on the plans or directed by the Engineer. All A.C. pavement placed shall be placed in accordance with SeC'i: i_OP. 2'-7 of tMese Sped:L iAations. The C'onLractor ^,mall grocer d inure.^_diately to place fin<J r•�surfaci_nq on zny part of any excavation upon notice from ti,e Engineer without waiting for complc:Lion of the full length of the project. Within the limits of any traveled way, temporary or final resurfacing shc:.).l be placed immediately following final comnact.i.on of the backfill. Temporary resu)-Ec.ci_nq shall- b2 a minimum of one and one-ha'f (1') inch bituminous premix over native soil. `Ph.•^ Con,-rac.:to': .• Lhe opi_ion ol. bl-::.de layi_nq the 1:>asc u- injA-J'11 co;:1::sc of the g•, r,rz;rent a _,..i:.-1 resu:i::s�t,-A ng iii 1.?,eu of plr-.inC-f tePw)-:ary rc SA:ifac.iiig. priv _on )-)ase r � T.^ which .'S }broken, c Ll i-� C i "G. 1, 037C t _ aL"• C,I2' n;"' :'11 :+) I ha, 1eTf1072'O i "mal . c,l��_.::Ca.'1 t�'i-(7 L' Lo�i." _ CJ-: 'i-ilE-J_]7s..� f;C�l'1'SC C)` i,.C. -77- 2-10 SHEETING, _SHORING AND BRACING 2-10.01 Piaceveni- and Removal All trenches and other excavations, where shown on Vic plan.,, shall i,c adequately scored, sheeted anC, braczd., to furnisF, ;;z.fe wo5 h_ing conditions and r,mple p5'otection of the .vo '.: and adjacent utilities and structures. The Con.t_r_a^t-or shall also furnish and place at his own ex nse adiicional sheeting, ' bracing and shorincy, not hown on the plans, but reciuixc i eu protect nc ,7Iy b,_aIt work ani all adjacc�nu utili "ties and ne'u;k`.,^-c]_;;g structures, from da5nac,e and to cu,rply with all rules, orders and regulations of the D.ivis oii of lrndnsLrial. Sr<.fety of the State of California. Shectil?g, shorrg and bracing rtay consist: of wood or steel, or a combination of wood and steel at the option o£ the Con ca actor, unler,s otherwise specified c•r shown on the plaint. Sheeting shall be tight, square edge, sh:�pla.p or tongue and groove sheeting or ini-.er.loc}�i_n!; steel_ sheeting of adequate section. Any trench excavation. r,f five fnet or more in depth shat -1 3- Cjj::;.:ce a i_>C ' r"0, i:he Cal;fois S°.: t<: o -.1J_ Safel:y, Tho C_t.ty si2a.11-` o'. ,:'•.,c . .2 �;"°.. :�,j F%;1 _.. _. .,1, . _,�, ••'. FO a.5: not- LO "?..:CSC_' C On ' of 'L)Ia F:.�._�.�,. ="t7;1 :'3 7'C i UV -d. Sh15,.. .� ill' at t� :-1r (' W b �_ _.i_ ' l _.:,. 1 i5U -: O1 CO77t5 .�Cto spa l.1 - he r.e.1pon2 i?larar:* isle for z. c. ge to newly bu.'.lt ork, and adjacent structures. Ai:.y d<`1m.',,,g- ::o .Yi:]w or e:: :L S'i".i-n.� Ui:.i. 1. i. i. i. (?g C?l' C: S ire c i I.:!, --,k O- .r�. .. _ `C.. oL a, a1.cz c.d c:c 1C c= 01- �.)1; Add it. icr1�.1. construccic,_; sheei_ing Lad bracing pl<,ced by the Contractor to protect newly built work, and adjacent ' neighboring structures, may be left in place if desired by the Contractor to secure said protection. All sheeting and bracing left in place shall be I I included in the Contractor's bid price for the work, with no additional payment allowed therefor. Any construction sheeting and bracing which the Contractor has placed to protect underg:_"ound structures nott shown on the plans shay be ordered in writing by the Engineer to be left in place. The right of the Engi.,cur to order shee"ing and bracing left: in place shal.a_ not he construed as creating an obl_igatioii on his part to issue such orders. Ea].lLIO. - .,t].n(I and bracI Ccj lef in place. x_11 not r�e.licvo the C`ontr,�.c"i-oz: of h i> respons;.bility under the contract. It is not the inteni i.on to orc':.cr sheeting left in place for the pro' oC, -.9.on of a.ny pipe _i.nes or structures that are shown On the plans, Or structures, which arc visible above ground, this bcin,i the Contractor's responsihil"i.ty. --79-- 1 2-11 PLOW AND ACCEPTANCE OF WATER It is anticipated that storm, surface and ground or other waters be encountered at various times and locations di-i-cing the work herein cortemplated. The Contractor, by sub;Acting a bid, acknowledges that he has in-vestigated the .risk rising, from such waters and has t»_e,jared his bid accordingly, and Contractor by subnu_ "- ng a b., r. sscnu:s ct1-1 of said risk.. ' 1 F -80.- 1 The Cont --.(:.. t -'Lor LP,all condos c ope: at. on in snc;i a manner strrm o c li-j- m' -1y proceca min- t crupF2l ono t _ n is t or dray nage se. J: vers -:r of watc!: .'or short r,..,ches to proter_ti cons_ruLi o i_n progr.,s- will be permr_;t--d if public o:C prvat-o prop- Lcs, in the opin_on of th<� t;ngincaer , arcs ,;ot ti? the pr'obabi.l.i.ty of damage. The Contractor she.' -l- obtain written permission i_rom 11he &..policab o. public agency or pro - pert -y owner before any di.vei::, .on of watcar w:il-J- be pernutt.ed by dhe EngS;;cer. If any excava'.-'_ons are filled with water: dz.-,.e' to rain or other me,�ti , the Contractor shall removo such eater as Soo, as po l.e to expoelite tho. coio�leti.on or - 1 F -80.- 1 • f 2-12 COOPERATION WITH OTHERS The Contractor_ shall cooperate with others and shall protect all existing improvemenr.s. The Contractor shall Prov: 'e access to abutting properties. No ac?o.:ittcnal- ooiupansa{.icn sisal -1 becon;n due Cr.e Con- tYBctoi by vioTu2 of compliance with tail paragraph. Conti actor shall coordinate work to assure access to each driveway, -IT-- 2-13 COORDINTTION OF WORK I k II II The attention of all bidders is directed to the fact, that there exists und:arground telephone, electric, gas, cable T.V., and water facilities. The Con- tractor shall make arrangements with the Pacific Telephone and Telegraph Company, San Diego Gas and Electric Company, Southern California Gas Company, Storer Cable T.V. and Company, and Orange County Waterworks District No. 4 to locate and protect existing facilities. The Contractor should contact each agency or utilii:y prior to excavating or boring. -82- I I g2_ 2-14 OBSTRUCTIONS Attention is directed. to Sections 8-1.10, "Utility and Non -Highway Facilities," and 15, "Existing Highway Facilities," of the Standarc Specifications, and these Special Provisions. Delays of the contract caused by utility work and work by other forces may occur and will be. considered an acceptable cause for tirr,e c:,tension, but no idle time compensation will be allowed.. If the Contrac for wisher^. to have any utility precisely located, he s;,ould contact the res,poisible agency at. least 48 hours prior to construct on in the: immediate vicinity of the utility. Listed below are utility compauicc (and contact representatives) having facilities located within the construction area. ,San Diego .Gas & Electric Co. (714)232-4252 (Joe Espinoza) Pacific Te.lejlione Co. (71.4)453 528 (Jim E1 1 i.ott) . Southcrn Cali.'ornia Gas> Co. (73.4)635--0211 Stcrer Cable T.V. (71^)8_3,1.3242 ('Poli: 14(joi e) Orange Couni..y , (r4 (Jun N ieblra:..) -83-- 0 2-15 DEFINITION OF PROPOSED ITEMS The unit prices or lump sum prices to be paid for the item listed in the proposal shall include full, compensation for furnishing all labor, materials, tools, equipment, incidentals ai;d doing all the work involved in furnishing and placing the materials complete in place in accordance with the details shown on the plans and as specified in the specifications. The scope of work included wichin certain items of work in thL- proposal ;hall be as desc.rtbed in the items following. �� 0 0 2-16 MAINTAINING TRAFFIC AND DETOURS The Contractor is referred to Section 19 of these specifications. The Contractor shall conduct his operations in such a manner that the dr_ivcways shall be maintained free from interference. A minimum laterial clearance of 5 feet shall be provided beLween the edges of excavations and adjacent traff.i.c lanes. A minimum laterial_ clearance of. 2 feet shall be provided between the edge of surface obstructions and the adjacent traffic lanes. Where 5 feet of clearance is not provided, the excava- tion shall he shored and tight -sheeted. In no case shall the clearance be less than 2 feet. During the period of construction, the Contractor shalt. furnish, erect, and maiutai.n warning signs, barricades and lights, and provide sufficient flagmen to adequately protect the traveling public during construction operations. When necessary for public saf_cty, in t.he_ opin.i.on o_1' the City Lrlgineer or the City's Inpactor, flagmen shall be on duty 24 hours a day. Warning s:i.gns and barricades shall be 111 i9 C3COYcif',nC!: with State of Calil_ornla., Depctrt.ment of r Public )�k'r,.5 Of i'13.nirt:; v:Lty"'n3, Lights and Dev .oc , for U::.e in Performance of Work Upon ilighw*iys :, or an regll ;-c:". by the City Engin: Cr. The Cont-ractor, pri-o.r. to conurer;�,`"hg constrn.c"i"on, shall have a -'I warning s_i"gns, barrica., deand other necc,ssary c.duip!ilant on the project s-; Le anti shall have the mc -_'thud Lrd! c1oi;O1n: apprOvCd by lle Cli.y T:ngi.17-^.e)= . Dlu'S.p1�'� i.l'xy i:0i1 S; �,'.I'1}.Ct`f',)), or C^. i"-C=ll.' f%-iJ..TF1ti. „1]i',, the Co)1-is _ Lbl at il<5 1:41!la sn[-.'.l 8.11C"w his Il:r!n 'i:0 OCCUPY Oqu pj,,!.nt 1"O t1C?J"): in Or I i;ar)CeC+ in, Or IC';.t'--'3:1al to b'; EILori ii ld„1011 the la;li] p 'o e;': iA po"-I-ic L °`ic. for cc' -;:s of '.ny Ivor], done, by *Uhe Cii-z, of 1 Ju._n Ca -p, trz. uu which ].0 r1olici for thc' co'il's',Oni&nCe of the Con(.):aC;'. Cr or is n;icessary } s: „ ihc CcYracc..s neg g' nceThe City Engineer_ will ba the sole judge of thy, respon-- sik,iiity, ar,d Cccision wi11 he si nal. Spillage resulting from hauling operations along or across any public travel way shall be removed immediately_ by the Contractor at his expense. II hJ 1 I 0 0 Ingress and egress shall be maintained to private properties in a manner satisfactory to the property owners. The cost of maintaining traffic and detours, including the removal of exictillg striping, placing of detour striving, removal of detour striping, furnishing and erection of warning signs, detour signs, barricades, lights, flagmen, if necessary, and appurtenant. work as shown on the plans and described in these specifi- cations, shall be included in the contract lump sum price, which coct: shall inc"_ude all labor, equipment, materials and safety Illeasures reuulr.ed for said construction. -SG-- 0 2-17 DISPOSAL OF SURPLUS MATERIAL The excess material from excavation shall become the property of the. Contractor and shall be disposed of outside of street rights-of-way at no cost to the City. No excavated material shall be deposited on private property, either premanently or temporarily, unless written permi=ssion from the owner thereof is secured by the Contractor. The cost of the removal of excess material shall he included in the contract lump sum price. -87- 1 • 2-18 PORTLAND CEMENT CONCRETE 2-18.01 General Portland cement concrete for the purposes of this ' specification shall. include all classes of concrete and mortar composed of portland cement; mineral aggregate, additives (if specified or permitted) ' and water. The Contractor shall place and construct Portland cement concrete curb, gutter, sidewalks, junction structures, catch basins, box culverts, ' concrete collars, transition structures, sidewalk openings, curb inlets, inlet structures, manholes, manhole bases, median island and other works and apprutenances involving concrete where shown on the ' pla:.os and called for in these specifications. ' 2-18.02 -Materials and Workmanship All concrete construction shall conform to the provisions of Sections 51, 73, and 90 of the Standard Specifications, State of California, Department of Transportation, dated January, 1975, except as herein modified. 1 a. Cem,�rt - all Por-cland cement shall be Type 11 con U.+_ining to ASTM Designation C150. 1 b. De".c_l_n Class A concrcrie shall contain 554 pounds ' (G sF_clFs) of Portland cement per cubic yard. CJ- 3 conca(-,,ie steal -1 contain 470 pounds 1 (5 sacks) of Po_ct_lanQ cement per cubic yard. Claes C concrete shall. contain 376 pounas ' (4 sacks) of Portland cemant per cubic yard. Cl.a^�. h concres[:e stlal.l cnata.in 658 po.lnds p- crib c Exce;> as o it ec; ed or onb.h r rl c:l'_ ne a&ed for all reg n— fca-cccl co;��. r�.. con , c>i, <;11 Clan 13 shall re Ll..e for it C i '.il.-YC ! u-" : CI GC'�i]r. The Con L1z'.e.Io rlaiil1 -.bl t LO 112;. Eng 111:'L'r £UI: cij.�jl �_OV aI the design of i:he mix propos,," for use. Said iiix 1 t• ' design shall set aggregate and water forth weights of to be used together cement, sand, coarse with a grading analysis of sand and coarse aggregate. The source of supply of all materials entering into the ' mix shall also be given. The mix design and materials shall be approved by the Engineer prior to placing any concrete. t• 1 2-19 MAINTAIN TRAFFIC AND DETOURS 2-19.001 Scope ,Of Work Traffic shall be maintained a' those locations indicated on the Plans and in accordance with Sections 7-1.03, 7-1.09, and 7-1.091 of the Standard Specifications, State of California, ' Department of Transportation, dated January 1975 and these specifications. ' The design of detours and s;"-ci.fi_cations shall. conform to the .r_equiremen':s of the City of San Juan Capistrano and the standard _,peciflcatlons. ' The Cnntrrlc.tor shall. furnish, construct, maintain and finally remove detours, road clot;n_—es, lights, signs, barricades, flagmen, drai.nage facilities ' and other such item, and services as are necessary to adequately safe -guard the public, both traveling ' and otherwise, from hazard and inconvenience. Deviations frcai the_ Plans and •tandard specificaLions proposed by the Contractor which, in the opinion of the Engineor, will reduce the safety or convenience of the traveling public or h,i..l._l result in appreciably c dl,u:ed Contrac [-.or I s costs , w.i.11 be perrn.i i ted only by duly _i.s ;+c d. change order. h1.1 w-Kk sh.<.11 confci:rn to thr.- ord.inancc and regnae.l.i_ona. of the City of San Ju -n Capi_ ,t; rano. Failu:._e oa'_ City to s 1 acn fy saS cv dev--c or measures Lo be ' u c d s, al 1 no rc 1 i the Cont.r actor i oaa h.i t; o 1.:i.•. O<.Lion.;. No T..r__et closu.l E^ %vi.11. he YL n';._Cl irnle:;U ap)rove(9 in r.clvance I)y the City Coul,cil.. ' It is intended that the disruption of normal traffic patterns and the inconvenience to the public be held to a.s shc)rL time <;s i:; p:� c ct cca.bl.e. In this ai,ffor cl,e�,r.c-`s �o l �':afFic 70-atilg, a �1.. 0foo. Lh(_Yri of Cjnst uct !()n T,7.=} Ing c= rou . 5'lle Cont :f_S;i" .. :ahs) '�C .. ".� •,,. VBIr _�OP`I U}L--. ^:e `. G Ur�f.lC t0 I ' 219.03 Safety It shall be a prime requirem•cnt that detours be constructed and maintained in such manner as to adoquately protect the public, both traveling and otherwise, from undue ira and and inconvenience. Unless otherwi.se noted, the Co*iiractor will provide and maintaiYl b<,.:-ricades, flashing light.-., overhead ' lights, warxiing signs, direction signs, guard posts, temporary fencing, drainacle facilities, traffic striping, or any ether service or facility required. ' All such work and installations shall be in accor- dance! with the plans, standard spec:i.ficatinns and these detail_ specifications. The Co:oc aci_c,r shall file, with the City and the Sheri.if, a list of names , addresses, and phone numh,rs of tho ,e persons ��rho will respond at any time to an emergency call to maintain, repair, or replace any of the detour _Facilities. ' No excavation within five feet of the travelled way shall remain open longer than is necessary to per- form the cork. ' At t:h. i e:nd of cacl, wo.rk.:i.n j, day, if a di-ffo-rcnce in excess of 0.33 i`oot exists between the elevation of the exi-ling p.rv.sten and the elcv-t i.on of any 'traveled c'r�th.:n five'.1,e- a'c of ii er.y, matc:ri<-,. shall- the vee c;cal cuL; adl c--,, . Lo rravc leu Dray.. Durio. c.c:v,t :. or..<ucn.i> -.r mat -a -i -a ,-cay be uses once the pl'cirg of the �u�c'_u� <.!. s t;c�. c o, r,;a� e - r,truecur a 1 , mate; -. ll shat t hcusE z `lr7e n«ite? _ a1 shall bo ps a7ed to the leael of the c jvcxt?o,r of the top of existing pavemen'c and tapered at a slope of 4:1 or flatter to the bottom of the excavation. rul.7 hll-.c, -i;:Y r_ , the rn xt c �i.a;. nn a l i.z I" o- c of of i'4 -4S , lupi-i1j o:F . t. C lu�, Lt'' � -J. 'i:U L'i@ 1] ne '-; L>TS� ,:; }?op: Sl pl n ' , h .J_] 1 n :: in u> . �.1 a 71 ct e �.un— t.ract t ice p c co i`;o 11);" .r a -IS r,.>o'veu, no will bo No p=^_y;,'ci;c ll. h,:e 1"i (A- eco:.' :,rUc,-,.."' placed :.n extcc,..3 of that regr:i_r-, -': i n:c the-,.,--Ct'a2ea_ s.:: cion. I it II I 1 1 1 9 9 All existing traffic signs and street name signs shall be maintained in visible locations during construction and permanently relocated as directed by the Engineer. Signs which need not be ;maintained during construction and will. be permanently relocated by the Contractor or by others, will be at the job site and adequately protected. Material w1iich has been damaged or destroyed as a result of the Contractor's operation shall be repaired or replaced by the Contr<•.c,tor at his e..pense. All wari inct li.gh'Usz signs, flares, barricades and other facilities used for the sole convenience and direction of public traffic shall be furnished and maintain;>d by the Contractor. All :signs shall con- form to and be plac�-.d in accordance crith the State of California, Department of Public Vorks "manual of Warning Signs, Lights and Devices for Use in Performance of work Upon Highways." AdequFte drainage facilities shall be provided to maintain the traveled pavement surface in a condition free from ponded or running water. Water shall not be diverteb' from existing courses or ponded onto private property without the express permission in writing f. cpm the proj_r rty ooner. -9?_-- 2-20 PERMITS The Contractor shall obtain from the Public Works Department a permit to excavate in the City streets. When permits are required by other agencies, the provisions of said permits shall be considered part of these specifications and the more stringent requirements shall control. The permit requirements and provisions are elements to be considered by the Contractor in determining his bid and no additional compensation will be allowed therefor. -93- ' 3 - SPECIAL PROVISIONS AND ITEMS OF WORK ' INDEX Sect4on Title Page ' 3-1 DESCRIPTION OF WORK 95 3-2 DRAWINGS 95 3-3 AS-41,131LTPRINT 95 3-4 PRE -CONSTRUCTION COORDINA`T'ION MEETING 95 3-5 MAINTENANCE AND GUARANTY 95 ' 3--6 EQUIPMENT LIST AND DRAWINGS 96 ' 3-7 FOUNDATIONS 96 3-8 CONDUIT 97 3-9 CONDUCTORS AND WIRTN'G 97 3-1.0 SPLICE 1i�SUI1ATION 98 ' 3-11 SERVICE 98 ' 3-12 TESTING 98 3-13 STAND7,1PDS, S"1'I.i�.L PL'JESTAL' AND POSTS 98 3-14 VEHICLE STGNAi:, FACL'S AND 'ICC" U, HEADS 98 3- JPEI?F. TRTT,T�T ;iIGN71L5 99 3-1.6 DETI3CTCGP, 100 3-17 PFa;,..:Jrr.:.;i; PIIGII ,v'a'c l:<s 100 3- .1 8, ]'II !S.'0=?L"'iY.CRIC CC4d5'?<U J_00 3 1S IADiIAlis:i i i?B 100 -94- 3. SPECIAL PROVISIONS hND !''EMS OC WORK 3-1 Description of Work ' 1 -%'5- 'I The work to be clone unaer this contract, in general, consists of (but is not limited to) the complete installati_en of a new traffic signal including conduit, wire, pull boxes, bases, poles, si-gnals, pedestrian heads, pedestrian push buttons, signs, street light, traffic contrc'- and other items as shown on the ' plans, and other miscellaneous items and appurtenant work. ' 3-2 Drawings The drawings chow locaUi_on, character of work, details of construction and are attached hereto as a part of ' these specifications. They are titled "Installation of a Traffic Signal at Del Obispo Street and Paseo Ade' ;into. " 3-3 As-Isuilt Print The Contractor is required to submit to the Engineer "As-Rui-lt." prints, prior to the City accepting the installations. The prints shall indicate in red all deviations from the contract plans, such as: local _ -ion ' of poles, pull boxes and runs, ninrnber of conductors, and other appurtenant work, for future reference. The depU1 of all conduits and a] l utili ti c 3 uncove - ;7 shall be noted. These deaths shall be mea�;ured from pavement surface; top of curb or top of walk and shall be so noted. 3-4 ----F,_e�-Conse_ruer,_�eu=Coora,_nation I•?eoting Prior to tho of construction, a=ange=ments will be n;ade for a meeting between the Contractor, the Engineez and involved utilities_ The pt,_rpose of t7A rr._,_,a;_q _ tococ:_,.,nf.ae he activ;i:... of ' the Coil _-io within tl,e limns: Ui this cDnixxact, rev ek, ', c r . i nc; , n - ;c cons , nc ion tlei.nc<< and c)_ari.;'y iia +:-v:: .On voce: i:rte>. The Coni.:ractor wiz' I)o r_cGn e3 ir sId-lialt the of recur ad to Com -.late a<ich phase o,' tic,- project.. 3-5 end Guaranty The Contrv(''r.r shall n,iarLn'-ee the entire work constructed Ly him under this contract will fully meet all requirements as to quality of workmanship and 1 -%'5- 'I materials furnished by him. The Contractor shall make at his own expense any repairs or replacements made necessary b), defects in workmanship or materials furnished by him that become evident within one (1) year after filing of the notice of completion of, the work, and to restore to full compliance with the requi rernent:i of these Specifications any part of the work which during the one year period is found to be deficient with respect to any provision of the Plans and Specifica:ricns. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall. be liable to the City for the cost. The guarantees and agreement set forth in the above paragraph shall be secured by a surety bond which shall be deliver. -ed by the Contractor to the City before the notice of completion is filed. The bond shall. be in an aporoved form and executed by a surety company satisfactory to the City, in the amount of. Five Thousand Dollars ($5,000.00). Bond shall remain in force for. a period of one (1) year after date of said notice of completion. Instead of providing a bond as described above, the Contractor may at hi.s option provide for the faithful performance bond furnished under the contract- to remain in force ar.d e +cct fol- '--ht3 gUej:anilr boild a.r,ount unti_1 the expiration of the one --year peri.od. 3--6 Rvtici_pm^_:nt Iist ,,,nd. Drae;s. Egv,ii3ment list and drawings of electrical equi.p:ccnt and material. shall confurm to the provisions in Section 86--1.03, "Equipment List- and Draori.rlgs," of: the Standard S,)eci.fica.tions, and these Speci—al Provisions. The Co), _rac'tor i.s r( -cu .__-t-6 'Co subru_'t to the Engineer 1]:'..11).'..5, 01"_or to the C i` ,"s accont_'_ng the The �.�J'].nt� 5i: 31.1 1nCa_ ;�t t�, lil all 1%(An the L.8 10::at1i 011 of poles, pull hoaxes and :_un+,, d^ )ths of con-luiL, Iiu',mber of coTidLl.ctol:s a11Ci other appurtenrn't work for futuL" 10_ e, n: 3-7 FoUlid;Ttiors Foundations shall ron or;n to the provisions in Section 86-2.03, "Foundations," of the Standard Specifications, and these Special Provisions. ..96- 0 • Portland cement concrete shall conform to Section 90-10, "Minor Concrete," of the Standard Specifica- tions and shall. contain not less than 470 pounds of cement per cubic yarn, except concrete for pile foundations shall. contain not less than 564 pounds of cement Per cubic, yard.. 3-8 Condui. Conduit shall ccnform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications, and these Spec.id] Provisions. Non-metallic type conduit shall not be used. Rigid metal ccn(7,u3."L to be installed shall not be used as a jacking rod. Insulated bonding bushings will be required on metal conduit. After conductors have been in6tal.led, the ends of conduits terminating in pull boxes and controller_ cabinet shall be sealed with an approved type of sealing compound. Conduit runs are shown in schematic form only. Actual_ installation shE.J-1 be done in the most direct manner. Contractor shall provide -u d install all necessary condui_ between the meter and. service point in accordance wish S.D.G.&E. recj'Uireman;.s. 3-9 -`-- Corlducf_,or<_and -T, J.ri ng Cond.uctot-s and wir-ing shall conform to the provisions in Section 86-2.08, "Conuuci-ors," and Section 86-2.09, "Wiring," of the Standard Specifications, and these Special. Provisions. CoifC�ilCifu i'i0. [>=+'i'JG t;nd shall be strc,ndud. P•_il US-, C -i in C611tj_O1_�I rl Ci,b:i_r eL wiring Shall CCiniGLm "i:0 tiC' r.OJ_.i-GY'l.ng COlOr CC'Cie a- The gl:Cll?)QJC; CoAlduCtor Of a C':CCI:J-t shill be by H. CGIl C2.i: LSI in.9 ll}1J t -C OY 11aT_Ur i. i. Cray Color.. b. The c".rnLinCiing conductor of a circuit shall. be ide.,iii.ied by a cortim.ous white color. cvitl•1 one or more green stripes. -97" 0 E C. The ungrounded conductors shall be identified by any color not specified in. (a) or (h) above. 3-1.0 Splice Insulation Splice insulation shall conform to the provisions in Section 86-2.091;, "Splice Insolation," of. the Standard Specifications, and these Special Provisions. Conductors shall be spliced by the use of "C" shaped compression connectors as shown on the plans. Splices shall be in,u.latod by "Method B". 3-11. Service Service shall conform to the provisions in Section 86-2.11, "Service," of the Standard Specifications, and these Special Provisions. New service shall P lude the relocation of the meter with the neccsv° ii'y c, aoit in accordance with San Diego Cas and Tll.ectri: requirements. The Contractor scall n.t.ify the Engineer in writing at least 15 calendar c ys in advance of the dace on which he desires any-, _'vice connections or dis- connects to be made. The Contractor shall be entitled to no extension on of t7.'. .. or other compennatiop for any delay to this operat.i_,n resulting from his failure to give the prPnoriK d notification. It: shAl.l be the- Con' actor's re sponsi.bil.ii_y to verify the location of and to anhe arrLagements- for and to pay for all costs t., provide the necos nary connection for the traffic n:gnal and lighting system. 3-12 Testing Testing shall conform to the provisions in Section - �� : f 8r� %., lf, " rFt=:-C 1.`bj, :31 the Standard ,�iDe 0117 C: -..L 10nS, and those. speci:;1 Provionns. 3-13 Ma"Onrds, SW l Pr-.ci, Wl; anal Poets St_andaras, steel podastal.c anal poste, Shad c•oafo,:r� to the provisions in Section 8G--2.04, ",StunGordr Steel Yoteesta.ls and Porta," of the Standard Spacifi cations and those Special Provisions. 3-1-4 Vehicle Signal Paces and Signal Heads Vehicle signal faces, signal heads and auxiliary equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Sections 86-4.01 to 86-4.06, inclusive, of the Standard Specifications, and these Special rrovisions. All lamps for traffic signal units shall be furnished by the ContiacLo.r_. 3-15 Pedestrian Signals Pedestrian signals shall conform to the provisions in Section 86-4.05, "Pedestrian Signals," of the Standard SpecHications, oAd those Special. Provisions. Pedestrian signals shall be. Type C. The letters shall he a winintum of 41 inches in height. The following type screen shall be provided on Type C signals: A 10 inch -deep egc,^rate-type screen either of 0.20 -inch minimum Kickness 3003 H14 aluminum alloy or of 0,030 -i --ch nominal thickness poly- carbonate. The ass:-1bly shall be mounted in a frawn constructed C' 0.00 -inch miniIium thickness aluminum alloy or Lyca.rbonate. The vertical spoci ng e the horizon Lal membor s shall_ be 1—inch stayL1ng ap'i"uninately - mt %-..inch above u-117 erldinq =fip'-_.,W2W!y Winch LuWw the 'DON'T and n•t ;.oy4 ' ].c` ;U'�CiY i-'J;,J-y . Lhe Stan.'- - o t" o.. .�- h e'apl_oyed outside the two A d__l-.Ctl$i. 1_L.X11a�1r 1.:. 1L� , leg ns UrRas for vrnctornl stlengtb. The cggorate--type- scrcon shall be installed parallel to the face of the "DON'T WALK" message and shall be held in place by use of stainless steel screws. The Vi5:]rs 60.. OCi-bbd in Foc>j-On BCS- Wr "V so)rP r of the &-Cb.11 ` rd nay ho Owit'.tc d w-irl, the cg="r rt:c-tyy- . __ro -n. TLC no' w ._n LOW f cal:' "Ya I. L Oc_ anDi ].:'a . f j b L h p=Q or mnj No )=l t1 n _. wiQ - mt Mot i:'n avel as s "neci:-lect n Sc ci,icn 3l ",.O.i, "i r „w1-7 , TrefHo Signal h _ ter•- l.ess 131nc1: c'_ Lhe Stan.'- M ` *_� i'icaltina Said oh :m^ I ; n:,ll he eta -Ked in rhr_ :hop at Us i ,. cr_lctor' .. E]S�>eii7iC. - —9Q_• 1 y • � n ' i F,lt^mate nr-.i:ho::: may be substituted for the above ' scre;n.;ng orovl_ding the results are equal to or superior to t:,o c eh` .incd with the -.bo, e--spcci.f icd 1 screens a: determined by the Engineer. 1); id -3 15 Detectcis 1 Detectors shall conform to the provisions in Section 86-5, "Vehicle DeLer.Lors,' of the Standard Specifi- cations and t. Ie :c S}-c;cial 11 ovisio,is. 1^ 17 .usl- Pedesis t <i;, pu _ h bt t 15 � 1 corfc)!.i t o U,e, pl-ovi:, } onr< in Section 86 .0", Pn6 L:rian Push Dtl tiros," of . the moi: •'.7.'}YLC1 ,c.)'2c ll'.l Cr3'G.I G!lf-,', and HLc5c; SCiec]-:71 Prov5_sien"]. The pe_3�sL.rian push button Ln.sLruction �igiis ;hail ba 9" x 12" in sire. 1 On the Type B button push cs,sembly, the sian shall aiaach to a=.id be secnr,-,ly �,t!ri,ort�.d by the f;:a�acwo:k. The sign shall noi, extend bayotld Lhe 3- Pbo,_",4 Control 1 Provi i:i.;,1:.3. T13e1 i,hu.!. ca:iC�_:.Sc co:'.:,_`•1.:. 'I'yj>-. 7V. 11 II I I II 11 7111, lnmineires shall be hoc eci _in a City s'candord. Mission Bell design, Genual_ E12ctric .175 Watt-714GO14. ...1.Ou- , pr 1); id I ) _,.} .a.�L. ...1.Ou- 0 'PROJECT CHECK LIST 0 PROJECT NAME: Installation of Traffic Signal - Del Obispo and Paseo Adelanto BID TIME AND DATE Friday, March 25, 1977, 11:00 -LOW BIDDER'S: BID BOND CASHIER'S CHECK /-7 SURETY RELEASE7 Date CITY COUNCIL AWARD: 411 6: , I -2 % -7 Dat SUCCESSFUL BIDDER: C;a�o� BIDDER. NOTIFIED OF AWARD AND CONTRACT DOCUMENT MAILED: 7 /S ate RECEIVE FAITHFUL PERFORMANCE BOND: er ADE UA'PE C�QVE`R-A-GE/ DATE RELEASE �61��177, 1jzezo�. A N40za lheoJL+I aDC)st, RECEIVE LABOR AND MATERIALS BOND:c-)ko nnA.Pn Company/Bond Number ADEQgATE COVERAGE DATE RELEASSE rAe AS RECEIVE INSURANCE: COA,� 04. IOSO .�rftiL, C L .wlr ,F 6-s:s ADEQUATE COVERAGE �/ Fk-, RECEIVE SIGNED CONTRACT FROM BIDDER: Wtfl,lCo.W��Nl.o _� ACCEPTANCE OF WORK: NOTICE OF COMPLETION:ab�� Date Recorded RELEASE 10% RETENTION: I() L) j Dath STOP NOTICES RECEIVED: YES / / NO / iii' )rio �tii.�=f r �i•�ii�,�� c�'� - i��:./1 '� r� - �'�� ;yl i� �C�-r, A � n� -a-�ai_, cla,l-7 1 '14,LFS�/79 STATE COMPENSATION I N S U R A N C E FUND 41 0 P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101 nallf.4 W41NM`1 fAm 11 April 8, 1977 CERTIFICATE OF W CkR&'*OMPENSATION INSURANCE City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 a gv This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. 46-77 Unit 1350 1-1-77/1-1-78 EMPLOYER Galland Electric Company, Inc. 537 Shoshoni Avenue Placentia, California 92670 SC IF FORM 262 (REV. 2.76) , Wl 121 RESIDV ENT ALL OPERATIONS RECEIVED 730 NORTH EUCLID STREET -x772 5600 ANAHEIM, CALIFORNIA 92801 1 { 10 CODE 714 Y OF t, C.1 I{1rti May 3, 1977 City of San Juan Capistrano Mr. George Alvarez 32400 Paseo Adelanto San Juan Capistrano, California 92675 RE: Traffic signal at Del Obispo and Paseo Adelanto Dear Mr. Alvarez: I am returning the certificates that you have forwarded to us for correction as to limits of liability. We realize that you need the $500,000/1,000,000 limits of coverage and that is why we enclosed the umbrella certificate along with the copy of the primary coverage certificate. The insured actually has coverage up to $1,000,000 as you can see on the Sayre and Toso, Inc. certificate form. Sincerely / Diane Marquard DM:s Enclosures (2) c1 ...-• � f �_s .. i r All �lo Unigard Ligd EDITION I//3 111'230 REV 3 /6 ©s IIS--LL RTIFICATE OF INSURAN �InwnrcxGrWP LS UNIGARD MUTUAL INSURANCE COMPANY ❑ UNIGARD CAROLINA INSURANCE COMPANY ❑ UNIGARD INSURANCE COMPANY E] UNIGARD ILLINOIS INSURANCE COMPANY IN LIEU OF CERTIFICATE DATED 4/11/77 � �- - - Date may ,'A, 19 7_7 THIS IS TO CERTIFY that the Insured named In the following schedule is at this date insured with the companyliesl shown above under the policyliesl described in the following schedule affording coverage for the liability as imposed by law upon the Insured for damages, as defined in the policyliesl, and subject to the terms and conditions of said policyliesl. This Certificate of Insurance neither affirmatively or negatively amends, extends or alters the coverage afforded by the Policyliesl listed and issued by the companyliesl indicated above. SCHEDULE Certificate F City of San Juan Capistrano � Named Name and F Galland Electric Corporation Holder public Works Dept. Insured 537 Shoshoni Address 32400 32400 Paseo Adelanto Address Placentia, California LSan Juan Capistrano, California—I L _} Kind of Insurance Policy Number Policy Period LIMITS OF LIABILITY Bodily Injury Property Damage Combined B.I. & P.D. Comprehensive Eff. 7/1/76 $ 300 ,000E°ma«�„en $ 100 ,000Each aaurren & Liability Excluding MP 12 4908 Exp 7/1/77 $ 300 ,000 A re g , Automobile ygseg° $ 1Qo ,a�O Aggreo Each occurrence _ $ ,��0 Ayyreg°re Comprehensive Auto- tt Eff. tt $ n ,000 Each pe„°n $ n ,000 Eacn acmren< �Eam acc°,cen<P moble Lo67htY Exp. $ ,000 Eocn acca.rence $ ,000 Agyreymc MonufactUrers'and n Eff. ,r n $ n ,000 Eocn occurrence 004 Ag,,,,.,, aa„«once Conrroerors'Llablllty Exp. $ ,000 Eacn ocm..e�ce $ ,000 Ayyreya,e $ ,000 Aggreyae Owners', Landlords' Eff. $ ,000 Eacn aaucre°<= �Enrn °ccr„once and lenonrs' Liability Exp. $ ,000 Earn aa.,,,eace $ 000A ...... te $ ,000 Agyreg°re Contractual Eff, it rt $ rr 000Each acc°„once (�en°«-„en�e u°b'i'Iry Blanket Exp. $ ,000 Egen°eca«e e $ 000 A gycegare $ .000 A99re9°,e Automobile Liability Each °aa [}t Owned Auto. n Eff. n $ tt ,000 Earn oe,:°u $ tr ,000 Each occurrEk Ca ence $ ,000{Ayy,eymee Hired Auto. Exp. $ ,000 Each °aacreace Non -0wned Auto, _ Other, Eff. Exp. Workers Eff. COVERAGE ❑ $ ,000Each °«rae°, COVERAGES Compensation Exp. Statutory ❑ Unlimited Employers Liability DESCRIPTION OF OPERATIONS Job: Del Obispo and Paseo Adelanto traffic signal It is agreed that the certificate holder is named as additional insured but only as regards work to be performed for them by the named insured. It is further agreed that the policy shall not be reduced in coverage or cancelled until after 10 days written notice shall have been mailed to the certificate holder. "•/; V SECRET RV � PRE5 ENT COUNTERSIGNEO AT PATE 1MO. DAY YR1 Staib and Assoc., Inc. 5 3/77 _ 0 SAYRE & TOSU; Ino. VERIFICATION OF INSURANCE L City of San Juan Capistrano TO: Public Works Dept. W. D. Murphy 32400 Paseo Adelanto L Sian Juan Capistrano, California J '0 #IT& Sayre & Toso, Inc. We, the undersigned, hereby verify that the following described insurance is in force at this date, of which % is insured with Underwriters at Lloyd's, London /c is insured with Certain Insurance Companies, London, England Name of Assured: Address of Assured: Location of Risk: Kind of Insurance: Policy or Certificate No: Period: Limits of Liability: is insured with Galland Electric Corporation 537 Shoshoni, Placentia, California Del Obispo and Paseo Adelanto Umbrella Policy M 832684 From: 7/1/76 To: 7/1/77 from underlying limits to $1,000,000 This document is furnished to you as a matter of information only. The issuance of this document does not make the person or organization to whom it is issued an additional assured, nor does it modify in any manner the contract of insurance between the Assured and the Underwriters. Any amendment, change or extension of such contract can only be effected by specific endorsement attached thereto. For particulars concerning the limitations, conditions and terms of the coverage you are referred to the original Policy or Policies in the possession of the Assured. The undersigned will have no responsibility to give notice of cancellation of this insurance except to the extent spe- cifically provided herein, nor are we Insurers, however Insurance has been placed by Sayre & Toso, Inc. SAYit , IN Dated at Staib and Assoc., Anaheim, Calif. 4/29 19 77 By George S&T 524-D (rev. 10/74. Replaces all editions of S&T 524) �Illl�n"...b..... CERTIFICATE OF INSURAN ® UNIGARD MUTUAL INSURANCE COMPANY ❑ UNIGARD CAROLINA INSURANCE COMPANY ' ❑ UNIGARD INSURANCE COMPANY ❑ UNIGARD ILLINOIS INSURANCE COMPANY RECIF r _ 0►1 „•t APR I Date April 11 _Ig 77 THIS IS TO CERTIFY that tf{e lllnsured'named in the following schedule is at this date insured with the companyliesl shown above under the policxli"I described in the following schedule affording coverage for the liability as imposed by law upon the Insured for damages, as defined in the policyliesl, and subject to the terms and conditions of said policyliesl. This Certificate of InsAr-I neither affirmatively or negatively amends, extends or alters the coverage afforded by the Policyhes) listed and issued by the companyliesl indicated above. SCHEDULE Certificate City of San Juan Capistrano Named Galland Electric Corporation Holder Public Works Dept. Insured 537 Shoshoni Nameond W. D. Murphy and Placentia, California Address L 32400 Paseo Adelanto Address J Kind of Insurance Policy Number Policy Period LIMITS OF LIABILITY Bodily Injury Property Damage Combined B.I. & P.D. Comprehensive Eff. 7/1/76 $ 300 000 Each occurrence $ 100,000 Each--rrence Liability Excluding Automobile MP 12 4908 Exp. 7/1/77 $ 300,000Agg,egate $ 100,000JEacnocca,rence $ ,000 A9gregma Comprehensive Auto- Eff. $ ,000 Earn per -a $ ,000 Each occurrence Each occurcence mobile Llabdry 11 Exp. O $ 11 , 000 Eoch occurrence It (f( $ ,000t Aggregate Manufacturersand Eff. $ 000 Ecru occurrence Each occur,ence Contractors' Liability ❑ Exp. tt $ 11 000 Each occurrence $ tt ,000A to Ag $ ,000{A....... e Owners', LOndlords Eff. $ 000 Each occurrence f each occurrence and Tenants' Liability Exp. $ 1000 Each occurrence re $ 1000 Aggqate $ ,000 Aggregate i Contractual Eff. $ 000 Each oc urren (Each occurrence Liability Blanket it Exp. if$ 000 Each occurrence $ 000 Aggregate $ 000Aggre to ga Automobile Liability Q Owned Auto. u 11 Eff. $ n ,Q00 Each oenon $ tl ,000 Each occurrence Eachocmnence $ ,000 Aggregm Hired Auto. Exp. $ ,000 Each occurrence Non Owned Auto. erolh : Eff. Exp. workers' Eff. COVERAGEA ❑ $ ,000 Eachaccudem COVERAGE Compensation Exp. Statutory ❑ Unlimited Employers Liability DESCRIPTION OF OPERATIONS Job: Del Obispo and Paseo Adelanto � ITpRE51pENT LC0UNT6LWSn---D r Til, A ahe pATE IMO. OAV VR.I 2144 EDITION 1173 t 111230REV 3-76 -Ilre % r.A 8s �. /0 SA! April 18, 1977 Mr. Chet H. Galland Galland Electric Corporation 2020 E. Lincoln Avenue Anaheim, California 92806 1 Re: Installation of Traffic Signal . Del Obispo Street at Paseo Adelanto Dear Mr. Galland: At their meeting of April 6, 1977, the City Council awarded the contract for the above-mentioned project to your Company in the total amount of $12,900. Enclosed are two copies of the contract documents which have been signed by Mayor Heckscher. Please sign both copies of the documents on Pages 5, 6, 7, 8, and 17 and return the "City Copy" to this office. The second copy is for your files. It will also be necessary for you to comply with the bonding requirements set forth on Page 30 and the insurance requirements set forth on Page 43. Thank you for your cooperation. Very truly yours, i (MRS) MAR ANN HANOVER City Clerk MAH/cd Enclosures cc: George Alvarez, Traffic Engineer 11 0 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA PLANS, SPECIFICATIONS, SPECIAL PROVISIONS AND CONTRACT DOCUMENTS FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT DEL OBISPO STREET AND PASEO ADELANTO CITY COUNCIL DOUGLAS B. NASH, MAYOR YVON HECKSCBER JOHN B. SWEENEY RICHARD D. MCDOWELL KENNETH.E. FRIESS W. D. MURPHY DIRECTOR OI' PUBLIC .90RI;S - CITY ENGINEER FEBRUARY, 1.977 TABLE OF CONTENTS CONTRACT DOCUMENTS (White) NOTICE INVITING BIDS BID PROPOSAL NON -COLLUSION AFFIDAVIT DESIGNATION OF SUB -CONTRACTORS INSTRUCTIONS TO BIDDERS CONTRACT BID BOND FAITHFUL PERFORMANCE BOND LABOR AND MATERIAL BOND SECTION I (Yellow) GENERAL PROVISIONS SECTION II (Green) DETAIL SPECIFICATIONS SECTION III (Gold) .. SPECIAL PROVISIONS AND ITEMS OF WORK Pages 1 1 4 7 8 9 15 18 19 20 22 62 94 1 1 NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will up to 11:00 a.m. on the 25th day of March , 1977, receive sealed proposals or bids for the installation of traffic signals and highway lighting at the intersection of Del Obispo Street and Paseo Adelanto, in accordance with the approved plans and specifications on file in the office of the City Clerk of the City of San Juan Capistrano, City Ball, 32400 Paseo Adelanto, San Juan Capistrano, California. Bids will be received until the time hereinbefore indicated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will 'De received unless it is made on a proposal provided within these specifications. 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 amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 25 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 ------- day of ----•- , 1977, at the City Offices. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the plans and contract docu- ments or specifications. It is the contractor's responsibility to he in attendance at this conference to receive any information disclosed during the'proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or interpretation of the plans, specifi- cations, and contract documents presented to the bidders in any manner. -1- BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, the City of. San Juan Capistrano has ascertained and determined the general prevailing rate of per diem wages, and the general prevailing rate for legal holiday and overtime work in the locality in which said work is to be performed for each craft classifi- cation or type of workman needed to execute the contract for said work which contract will be awarded to the successful bidder. The general prevailing rates so determined are as hereinafter provided. Wages for trades not specifically listed, and wages to be paid for overtime and holiday work shall not be less than the prevailing rates in Orange County, Resolution No. 76-11-17-3 adopted by the City Council of the City of San Juan Capistrano sets forth in detail said prevailing rates and other information. 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 $10.00, non- refundable, is required for obtaining each set of Plans and Specifi- cations. Each bidder shall state the California Contractor's License Number 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 City Council of the City of San Juan Capistrano, and is dated this 1st day of March 1977. i CITY CLERK CITY'OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- II II II II 1 1 1 1 1 The successful bidder, simultaneously with the execution of the contract, will be required to furnish a faithful performance bond equal in amount to one hundred percent (100%) of the contract price and a labor and materials bond equal in amount tc one hundred percent (100%) of the contract price. 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 said City will best serve the interests or needs of said City. A time limit of ninety (90) days has been set for the completion of the work from the date of execution of the contract agreement. -3- 1 1 For the construction TRAFFIC SIGNAL AT DEL AND PASEO ADELANTO BID PROPOSAL of OBISPO STREET To the Honorable City Council City of San Juan Capistrano Gentlemen: ADV. DATES: BID DATE: From Galland Electric Corporation Contractor The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans and Specifications and General Conditions therefor., read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in paragraph 1-1.09, of the General Provisions, 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: Twelve thousand nine hundred and n0/100 $12,900.00 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 otter means of construc- tion; also the performance and completion of all the work in the manner set forth, described and shown in the Specifications or on the drawings for the work. If the contract is awarded the undersigned agrees to enter into a contract with the City 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 cf 90 days. ' 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 sub- mitted 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. ' The estimated quantities of work indicated in this proposal are approximate only, being given solely as a basis for comparison of bids. It is under- stood that the City does not expressly nor by implication agree that the 1 -4- 1 II II U 1 J 1 4 9 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 b� 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 the enclosed check or bid bond shall be returned to the under- signed within thirty (30) days. 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 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 bidder 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 Bidder's Bond (insert "$ 1,290.00 cahs", "cashier's check", "certified check", or "'idder's bond", as the case may be) in an amount equal to at least ten percent (100) of the total bid. 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: American Insurance Company Licensed in accordance with an act providing for the registration of contractors - - License No. 317953 Signature of bidder t (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: 1 April 8 1977 2020 East Lincoln Avenue, Anaheim, CA Business Address 714-772-8150 Phone Number -5 I1 II II II II I SCHEDULE OF WORK INSTA?,LATION OF A TRAFFIC SIGNAL AT DEL OBISPO STREET AND PASEO ADELANTO- WORK ITEM (Price in Words) Furnish and install new traffic signal, street lighting and electrical facilities, utilizing the existing controller, complete in place for the lump sum of Twelve thousand nine hundred and no/100 DOLLARS. Lump Sum Price (in Figures) $ 12,900.00 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. Signature of Bidder Date 714-772-8150 ' Phone Number 1 Ll NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY ' BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) County of Orange ) ss. ' Chet H. Galland being first duly sworn deposes ' and says that he is Vice -President of Galand Electric Corporation 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, consp_.red, connived, or agreed with any bidder or anyone else to put in a sham bid, or that any one shall refrain from bidding; that ' said bidder has not in any manner, directly or ir.3irectly, sought by agreement', communication or conference with any one 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 advan--age against the public body awarding the contract of any one 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 indi- vidual except to any person or persons as have a partnership or other ' financial interest with said bidder in this general business. Ga land Electric Corporation _ By Subscribed and sworn to before me ' this �� day of 19� 1 OFFICIAL SEAL' SHELIA A. GIDNEY NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN 'i N ORANGE COUNTY My Commission Expires Feb. 16, 1981 -7- 0 ' DESIGNATION OF SUB -CONTRACTORS ' Submit with Proposal II 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 Address ' 1. None ' Z' — 3. ' 4. 6. 7. 8. ' BIDDER'SS NAME UTHORIZED SIGNATURE n 1 -8- .Phone No. ' INSTRUCTION TO BIUDE_K I_ I 1 1 1 Securipq 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 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 Doctunents. 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 or any of its officers or agents be liable for any 1or.s sustained by the Contractor as a result of any variance between conditions_shmwr 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 exami-nation. Interpretation of Drawings and Documents. If any bidder should find discrepancies in, or oinissi.ons from, the drawings, specifications or other_ proposed contract documents, or if he should be i.n doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarif_i.cation or intcrprotati.on of the point or points in question. The parson submitting such a request. shall be responsible for its prompt del_k.very. In tho event tliac the Enginac r rece:i.vcs such a request and it should be found that certain essent:i.al 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 I I will be mailed to each person to whom a set of contract documents has been delivered. The City 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 docu- ments 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 oidder, or who has quoted prices on materials to ' a bidder_, i.5 not hereby disqualified from submitting a bid in his own behalf. ' Pro�>osals. Bids to receive consideration shall be in accordance with the follow._ng ' instructions: A. Bids shall be made only upon the forn;a provided within these ' spec.ificaLi.ons; all bid items shall be properly filled out; bid price -s shall be stated both in words and in figures; and the signaL-u;'crs of all persons signing shall be in longhand. Where there is a conflict in the words and i.he figures, the words shall. govern. B. All prices and notations must he in ink or typewritten. No erasuves will be permitted. Dlistakes 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. -10- II 1 C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equip- ment 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 for such a sum of not less than ten (10) percent cl- the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City as a guaranLee 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 tsaid contract and give bonds within the time required by these docu- ments, such check or bond, and the money represented thereby, shall 'remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten (1.0) percent of the amount of the bid. A bid ' received and not: accompanied by such cashier's check, certified check or approved b-)nd shall be rejected. ' G. Bids shall I:e delivered to the City at the ioca:ion stiuplated, on or before the day and hour set for the opening of bids, as herein- before specified in f:he "Notice Inviting Bids." Bids shall be enclosed in a sealed envelope bearing the title of the work and the name of the bidder. 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. Withdrawl 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 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. ' inward of Contract or Rejection 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, however, reserves the right to reject any or all ' bids and to waive any nonconformity in .the bids received. The bidder to whom the award is made shall execute a written Contract with the City and furnish the stipulated bonds within ten (10) days after the notice of award of contract, The Contraci= Agreement shall be made in the adopted by the City. The release of the success- ful bidder's surety deposit, as previously st.i_p•ilat.ed, shall be made upon the City's acccq Lance of the 1.. bUi' and A:ater131s Bon(' and the Faithful_ Per foi_nc:n(:;2 Bond. If the bidder to whom the award is made fails t.o enter the contract as herein provided, thc? award may be annulled and an award may be made ' to the next lowest responsible bidder; and such bidder shall fulfill -12- No bidder may withdraw his bid for a period of forty-five (45) clays after the date set for the opening of bids. The contract for the work will. either be awarded or the bids rejected within the forty-five ' (45) 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, however, reserves the right to reject any or all ' bids and to waive any nonconformity in .the bids received. The bidder to whom the award is made shall execute a written Contract with the City and furnish the stipulated bonds within ten (10) days after the notice of award of contract, The Contraci= Agreement shall be made in the adopted by the City. The release of the success- ful bidder's surety deposit, as previously st.i_p•ilat.ed, shall be made upon the City's acccq Lance of the 1.. bUi' and A:ater131s Bon(' and the Faithful_ Per foi_nc:n(:;2 Bond. If the bidder to whom the award is made fails t.o enter the contract as herein provided, thc? award may be annulled and an award may be made ' to the next lowest responsible bidder; and such bidder shall fulfill -12- 0 0 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. Within ten days after the awarding o: the con- tract, the City will return the proposal guarantee accompanying each of the proposals which are rejected. Bonds. The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and P9at.erials Bond in a sum not less that 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 (1000 of the amount of the contract. Said bonds shall be secured from a surety company satisfactory to the City. Surety companies, to be acceptable to the City, must be authorized to do business in the State of. California and be on the accredited list of thl United States Treasury. Time of Performance. The vorlc shall be commenced witl; .n fifteon (:I.5) calea;cl-:r days from the date of execution of the contract and shall be diligently prose- cuted until completion. A time limit of: ninety (90 ) calendar days fro,n date of execution of the contract 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. L225J, c ,:;ucant of Cor. cram. No af;signment by the Contlracto,r of any cont.r c.c to be entered %nto hereunc],,e- or any part thea_eof, oa: of fu,ads to ba -received thereunder by the Contractor, will be reeogniz^d 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 pursuant to said Code and as listed. in the "Notice Inviting Bids." Building Permits. It shall be the Contractor's responsibility to obtain all necessary pernits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. -1 =- ' Title (SAMPLE) • • ATTEST By — BID BOND Title 1 _ Title _ KNOW ALL MEN BY THESE PRESENTS, that we, ' , as Principal, and existing under ' the law, of the State of and whose principal office is located in the City — ofas surety are jointly and severally bound ' unto the CITY 01_ SAN- JUAN CAPiSTRANO of „range County, DOLLARS ($_ California, in the sum of ), lawful money of the United —States -of America -to -be paid to the said CITY OF SAN JUAN CAPISTRANO, for which payment well and truly to be made, we bird ourselves, our ' heirs, successors, executors, administrators and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying hid dated 19 , for the construction of for the CITY OF SAN JUAN CAPISTRANO, Oram ,2 County,-Culiilornia.— ------ NOW, THEREOFRE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall within fifteen (15) d,,ys after ' the agreement has been presented to him for execution enter- into a written contract with (he City in accordance with the bid as accepted, and if the Principal shall give -i.he required 'bond with good and sufficient sure'cies, r,r sureties for the faithful performance and proper fulfillment of such contract and for the protection ' of 1a'oorcrs and materialmen, or in the event of the withdrawl of said bid within the periods specified, or the failure to enter into said contract and give said bond vritfrin i:he time specified, if the Principal shall ;:ilJiIn sixty (60) days afC_<r request ' by the City, pay the, City the difference between the amount specified in said bid and the amount for whish t.le City may procure the required work and/or supplies if the lat:tcr arunn;i:ire in c:xccss of the formor, then the above oblig,�(ion shall be void end of no effect, other�;aise to rume.in in full fore6 and virtue. IN WITNE;S 4;IiEREOF the above bounden parties have exccutcd this instrument under their several seals this day of 19 , the name. and corporate seal of each corporatepalLy being affixed hereto and these presents duly sign -d by its undersigned representak'AVO pur!,UDnt to authority cf its gov rn`;ng body. Two Witnesses (if individual) ----------..----- — - PRINCIPAL ---- ATTEST o,i) Title Title Corpol 1.1, Seal ATTEST By — Title ' _ Title _ Corporate Seal ' -13- 1 I - GENERAL PROVISIONS INDP'{ See t ior, Title Page 1-1 DEFINITIONS AND TERAIS 23 1--2 P'ROPOS.ki, REQUIREMENTS AND CUNADITIONS 27 1-3 MAR.D t -ND EXECUTION OF CONTIiACT 30 1-4 SCOPE, OF WORK 32 1--5 CONTROT, OF THP. WORK 34 1-6 CONTROL OF MATERIALS 39 1-7 LEGAL RELA'T'IONS AND RESPONSIBILITIES 41 1 8 PROSECUTION AND PROGRESS 51 1-9 MEASURE'MENT AND PAYMENT 5i 1-10 CaUt1M-YT'Y u1 I. --ll LABOR AND MATFRIAL BOND (32 --22- I. GENERAL PROVISIONS 1-•1 DEFINITIONS AND IEMIS Whenever the following terms or corresponding pronouns are used, either in these specifications or in any document or instrument -.vherei.n these specifications govern, the intent and meaning thereof shall be interpreted as follows: 1-1.01 Accented Bid The proposal formally accepted by the City Council, as the basis for award o% contract. l_1.0?. Aprovedi Elcc+etable, Satisfactory These words shrill. mean approved by, acceptable to or satisfactory to the Engineer, unless otherwise expressly stated. 1-•1.03 Award of Contract: The action taken by the City Council in formally accepting a bidder's proposal and awarding the contract,. 1-1.04 Bid Bond Tire cash., check or bond accompanying 'Lite proposal submitted by the bidder as a guaranty 'that the S..ddcr will, should the contract be awax•ded to him, erste}:- into and execute a, contract with the City for Vie performance of the work within fifteen (15) days after the agreement form is presented to him for signa Lure. 1-1.05 13i..door Ali individual, firm, partnership submitting a proposal, to perform acting either di.rf-;<;t;iy or through represent-. give. 1• I.OG or corporati.or, formni.ly or execute 'the- work, an authori.2.ed The City of San .Tuan Capist'eanc, OrLng'e County, Ca.li.fornia. 1-•1.07 City Clerk The City Clerk of the City of San Juan Capistrano, Orange Country, California -23- 1.O8 City Council The Council of the City of San Juan Capistrano, Orange County, California. 1-1.09 Contract The written agreement executed by the City and the Contractor, relative to the performance of the work and the furnishing of the necessary labor, tools, equip- ment and materials in order to perform the work. 1-1.10 Contract Bonds The security in the form of bonds furnished by the Contractor and his surety as a guaranty of good faith. and ability to satisfactorily perform, execute and complete the work within the terms of the contract and the payment by the Contractor of all obligations incurred in connection therewith. 1-1..11 Contractor The individual, partnership, firm or corporation, contracting with the City to perform or execute the work. 1-1.18 Da Unless otherwise designated, days as used in the contract docume ats will be undorst:ood to mean calendar days. 1--1..13 Mail : F:eci fications Supplemental or amendatory written direction, pro-, visions or requirements that modify or amend the standard specifications as necessary to adequately cover conditions or requirements peculiar to the City. 1.•-i M Engineer The City Engineer of the City of Ban Jean Capistrano, Orange County, California, or his authorized repre`;en•.. tat: ive . 1.-1.,15 'ngineo"I s Estimate The list of estimated quantities of work to be per -- formed and material to be furnished as shown on the plans and in the proposal as a basis for the comparison of bids only. _24- 1-1.16 General Provisions Written direction, provisions or requirements of a general nature which are pertinent to the contract, plans and specifications. 1-•1.1.7 I,aboratory A laboratory approved and authorized by the Engineer to test materials used and work performed under the contract. 1-1.18 Plans The official plans, profiles, typical cross-sections, general cross-sections, working drawings and supple-- men.tnI drawings, or reproductions thereof, approved by 'the Engineer, which show the location, character, dimensions and details of the work to be performed. 1-1.19 Proposal The written offer of a bidder to perform or execute the work when ;submitted on the prescribed proposal form, properly signed and guaranteed. 1-1.20 Special. Provision-- Specific rovisionsSpeci.f:ic written provisions setting, forth. :andition,; or requirements p cal.iar to the particular job and supplement n; Or modifying the standard pecific'at on'7 and the detail specifications, 1-1..21 snonifica'tions, The written directions and requirements governing the procedure to he followed in the performance and execution of the work, the runner of such performance anti th_e means to be employed, the quality of workman- ship and results required, nttajity and type of materials to be used or fuvnich d, the method for mea. oremen't of quantities of r:ork and materials so performed or furnished and pa;y't,ants to he made therefor, ircluded shall be the Geaaral Provisions, Standard Specifications, I3.>t:ai.?. S;}t:;i: aori;i_,I" and the Special Provisions. 3-1.22 Sta'neard Noecificalions Fcr the pnrpose of these Specifications, the "Standard Specifications" of the Depaptmont of Transportation, Business and Transportation Agency, State of California, shall be defined as the Standard Specifications. -25-- 1-1.23 Sub -Contractor The individual, partnership, corporation, or other entity duly licensed and entering into a contract with the Contractor to perforin part of the wort: or supply the materials. 1-1.24 Work All work specified in the specifications or indicated on the plans to be performed or executed. This ,.hall include all alterations, amendments or extensions thereto made by written orders of. the Engineer. Workdays shall be restricted to Monday through Friday unless written request outlining substantial reasons for working on Saturdays, Sundays or contractural holidays is submitted to the Engineer a mininom of twenty-four (24) hours in advance of the propos;�d nen-contractual working day(s). If the work proposed is determined by the Engineer as being in the best intere�,:t of the City, the necessary inspection and survey services will be provided. If the reasons for such request: are not deemed sufficient, the Engineer ma.y authorize inspection and survey services, if avai-lable, and such ser✓7.ces sha3.3. b billed against: tide CcntracLor at the current rpr,�mium ra':.e: for the personnel a.ssi-nod to the projoct. Such services shall be paid to the nearest half- hoax wor.k.ed; 'l )-'recta to aS7 i11„I ;:i.^*,: V/C)r14J. l p-'rduu of ff'ur (�) hours, 7s'laergens:y repa:l.rs land pre -•storm. protective insta;_la•.. tions may be perfori);,_-d in project areas without written notice. 3.•-1.25 rtandarc? F)3.ans The "St,srJaxd St et a.n<. .. i H;.{"hw;.y Pla.PS" O” i,(;.B O c.ng' Coulriy Road D,pn-,U1re:it, 3.$).te�, edition;, have adop .,d i; .th-o City Council as the. sta.no .:tic: 13la., for the City of =.;: Jaun Cap .sura.,.jo. -2.5-- 1-2 PROPOSAL, REQUIREMENTS AND CONDITI0NS 1-2.07. Contents of Proposal Prospective bidders will be furnished with proposal forms which will s%ow the estimate of the various quanti.ties and kinds of wort, to be performed or materials to be furnished, with a schedule of items for which bid prices are asked. All proposals must be made upon these forms. Each proposal must be accompanied by a. Des:i..gnation of Sub -Contractors form and a Non -Collusion Affidavit p,operly executed by the bidder. Copies of these may be obtained from the office of the City C.i.erk or the City Engineer. En-z'ineer's Estimate Tlae Enginaer's estimate of the quantities of work to be done and materials to be furnished is as shown on the plans and in the proposal and is given as a basis for the comparison of bids only. The City docs, not expressly, nor by implication, agree that the actual amount: of work will covrespond therewith, but rese,�ves the right to increase or decrease the amount of a.n, portion of the work, or to o)i.t port -ions of the work, as may be deemed necessary or advisable by the Engineer. 1-•2.VY3 h a.m:ina#:ao;:a of Contz,a.ct Docu;:)ents and Site of Work T!ie bidder shall c.xawi:,e carCflilly the s.i.te of p):o}(-,sed ��orl�, the plans, zpecifi.cations, proposal. and all other contract docu?noi)Ls. The submi&:;ioz) oi' a proposal shall be cap_;-:-_Wered conclusive e�?"idren.ce that the bidder ha inves"tieazted and is satisfied as 'to the condi.tion,S, to be encountered i.n respect to the eba.rac.ter, quality and quantities of work tc b performed and zn�,.ter.ial,..; -to be fu.rnisb-ed. 7 .G Reje^t:inn. u iao�:.,sa1 Prol:cs^1s ray bo rejr":ctod i.f ttir;y show any alteration of faa,a a.dd:i t, i,,)=:_, not cal led fo:r, condi."t.i.onal or 11'tP]S1LLt1.1"e proyJr)s,I_s not called for, modif—!'.S,a.tion o% c*rr;s_uM'C , os` o,: ally lrinrl . ,{prop' < 2..f.s in which "'U -Le pI,] c,es are of,viou �Jy un7Ja!,,,i3ced R.:2d tbo,_'o r.o'!; J:"+98C'.11 t;G (I on t;he a.uUi.o7`• .<'.ed pvoposal foi`ms );'ag be rajec ted. The City %otancil may reject bi..ds for any reasr),7„ -27- 1-2.05 Bid Bond Each proposal submitted under these specifications must be accompanied by cash, cashier's check, certified check or sat.isfictory bidder's bond made payable to the City of San Juan Capistrano in an amount not less than ten. (10) percent of the total bid price of such proposal as a guaranty that the bidder, if his proposal be accepted, will enter into and execute the awarded contract within fifteen (15) days after the agreement form is delivered to him for a signature or within such further time as may be granted by the City Council. Delivery small be complete when a copy thereof is delivered personally to the Contractor or his authorized agent or representative, or when a copy thereof is placed in an envelope addressed to said Contractor at his last known address and deposited in the United States mail, at San Juan Capistrano, California., with the postage thereon fully prepaid. No proposal will be accepted unless such crash, check- or surety bond is enclosed therewith. Should any bidder to whom an award is made fail to properly ester into and execute the .awarded contract, the cash, cheer or bond submitted with his bid and proposal in the amount equal to the difference between the lowest bid and the lowest bidder who will execute a contract shall be form ted to, and bosone ,;he property of, U0 City. Following the cxeQut:ion of the: contract, the bid ha K , shall. be returned to the representative hi. je^-s. 1•-2. C�5 �1'd:i. tl?_c,ra7d�1_ of._ Ih."of::rsaJ_s Any bid may be withdrawn at, any time prior to the time fixed in the Legal Notice for the opening of bids only by written request for the wi.thdr wal of the bid filed with the City Engineer or City Clerk. The request shaI.l. be executed by the bidder or his duly authorized .represontati-ve, The withdrawal of a bid does not prcjudico the right ori' the bidder to file a new bid. A bid will. not he reee:ivcd vitae the time Med in the Legal. Notice for the open ng of bids. nor may any bid be withdrRwn alloy that is t'me. 1-2.07 DIS.:p" :i'-f-ir,W:: n of Biddays Moke than one proposal f. om any WOW, or combination there^f, under the same or di.ficront name, will not bo Considered Unlera i altnvnati.V'e bVs are called for. Reasonable grounds for believing that any bidder, or combination thereof, is interested in more than one proposal for the work will cause the rejection of all proposals in which such bidder, or combination thereof, is interested. A person, firm, or corporation who has -2P.- submitted a sub -proposal tc a bidder, or who has quoted prices on material;; to a bidder, is not hereby disqualified from submitting a sub -Proposal or quoting prices to other bidders. If there is reason to believe that collusion exists among bidders, none of the par- ticipants in such collusion will be cc:isidered in future proposal s . -29.- 1-•3 AWARD AND EXECUTION OF C,ONTRrICT 1--3.01 Award of Contract The award of the contract, if it be awarded, will be made to the lowest responsible and qualified bidder whose proposal complies with all the prescribed requirements. Such award, if made, will be made within thirty (30) days after the opening of the proposals and the badder shall hold his proposal open to the City for said thirty (30) day period. Until an award is made, the right will be reserved to reject any or all bids, and to waive technical errors or discrepancies, if to do so is deemed to best serve the interest of the City, All bids are to be computed on the basis of the ;riven estimated quantities of work, as indicated in the proposal, multiplied by the unit prices as submitted by the bidders. In case of a discrepancy between: the unit price and the extension thereof, the unit price shall prevail and the bids will be computed as indicated above and compared on the basis of the corrected totals, In selecting the lowest responsible bidder, consideration will be given to the bidder's financial standing, his general conhpete'nvy fur the l::cKorm"noo of the ti:orh covered by the proposal and the size of previous jobs sats1factorily completed by him. Madera may be required to present satisfactory evidence that they have been regularly engaged in the buyina ss, or ane reasonably familiar therewith, and that they Lre Fully prepared with the )Necessary capital, materials and machinery to complete the workk to be contracted for, to the satisfaction of the City Council. Each bidder must be prepared to furnish, at the time of opensag bids, a certified copy of his financial statement. 1-a.02 Contract The su,ccecolul b:i.ddev:till .e roqu;red at tha ti.'ue of execution of the contract to fui nish a Labor and 1Mate.Y7al Eurd and a faithful Performance Bond, each 1n an a1:RG'aat equal to one hu.nd"ed (100) percent: of 7;):12 ccntrac i price. The for ns of bond_: required aro enclosed herewith. Shou.3d nny su otl_y cr sureties uYlon said 1=) nds or aL ,y of them become i.ilvs icient,- th : Con ;;, octor shall renew said cord er bends with good and „ui'_'icient: sureties within ton (10) days after receiving notice from the Engineer that the surety or sureties are insufficient. Thereafter, no -30- payment shall be made upon such contract to the Contractor, or any ass;ighee of the Contractor, until such renewed bond or bonds have herrn furnished. 1-3.03 Execution of Contract The contract shall be signed by the successful bidder and returned together with the required contract bonds and insurance certificates within fifteen (15) days after the agreement has been delivered to him for signature, as defined in Section 1--2.05. No proposal shall be considered binding upon the City until the execution of the contract. 1-3.04 Failure to Execute. Contract Failure to eNecute the contract; and rile acceptable bonds, as specified in Section 1-3.02, and insurance certificates, as specified in Section 1-7.02, scall be just cause for the annul.meat of the award and the forfeiture of the bid bond., Transfers of contract, or of interest in contracts, are prohibited. -31- 1-4 SCOPE OF WORK 1-4.01 Intent of Plans and_ Soecifications The intent of the plans and specifications is to prescribe and provide for the complete: and finished performance, in every respect, of the entire work or improvement indicated by the plans and specifications. The Contractor undertaking the execution of all or any part of such work or improvement will be required to perform, construct and complete the game in a thorough, satisfactory and workmanlike wanner in accordance Ti.t:h the provisions of the pians and speci- fications therefor. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work specified in the plans and specifications. 1-002 Removal of Obstructions All fences, buildings, unneces=sary structures, pipe, trees, shrubs, debris, and other unclassified obstruc- tions or encumbrances of any kind or character encountered, and which if Left in place would interfere with the proper performance, construction or completion of the work, or would impair its subsequent intended use, shall be vemoved by, and at tite e7S})ensy of the Contract:orp unless otherwise provided by the speciii- ca.tions, plans or propcgal form.. however, with recpac"t to any such obstruction or encunbral.nce which 1s the. property of w-I_e owner 01 R }7i_7n'ic utility or City i'rau-- chise, attention is directed to the provisions of the subsection hereof titicd "Public Utilities.'' 1--1.03 Public Utilitle;; The Co'ntract0'. shall advice the Engineer if, to satisfactorily complete: the worn, it becomes necessary to remove, relo,ai:a or pootccis any facility of any public utili.Oy or hold"x of City francL.i.se, which was no t. 4it)sh on t)?o plans o? :'p?cili_ed in the spe'ci.l is cations u to rwno"ve , ;:nloc_4 tyO or protce ted by the Contractor. . If the copt G_. such lay rue t L borne by the ownwr of too faci.3itl_ss; `, iK; EalcinB'.cr Vill notify the O\:ner to move su.M :ifac:i_1003 within a specified time and the Contractor .J11<All not interfere with h>C;.me. If the cost of such worm: is not required to be borne by the owner of the facilities, the City shall bear all expenses therefor. It shall be understood that -0- in such casestheCity shall have the option of doing such work with its own fo;�ces or permitting the work to be done by the Contractor. The right is reserved to the State, County or City and to owners of pubii.r utilities and franchises to enter at any time upon any street, alley, right-of-way or easement for the purpose of making changes in their property made necessary by the work, and for the purpose of maintaining and waking repairs to their property. The Contractor shall. receive no additional compensa.ticn for delay; to th.e work oi' expo},ses inm-,rred by re"F.iic-ai of the failure of a public agencV or the, owner of a public utility or franchise to move or relocate his property and under no circumstances will such del.a.y or e3_pense Lconi de. ed as tl;c basis of a claim again; -L the City on tiu cc�utract. 1-4.04. _._.. Changes The City reserves the right to make such alterations, deviations, increases or decreases, additions to or omissions front the plats and specif icat:1-oils as may 130 recjui3'ed by the Engi.nec:e and to reclui:`e such e_ctra lxr'L a.s may be determined by the Engineer to be necessa:ey iGr t'iio pl'orlei' comp-lo';L!}n or the vz;iole %vcr'; :1CR ;'1111]1.21 CI Only when ordered or ;prnv d by tha Engineer :in Jamil=n.g Tim, eLi"ly such. C1:]angus be �L'clti a.ld t`L.: tiCll?C` 1^.1i in no way or i.l'1V::.1 i.Gii. i; E'. 'Che T]i(: Ei7s j.r F; wr.:i.tten order will specif;,?, iji. addi.cion t(, th, hor?c t;, be deme in connection with 'the Cita.`g'-` mad'-'.) the adju,,i)rnent of contract timo, if any, and the basis of eU74p5'nsa iii O?i i'a:i' such Wc:CI:. 1-4.o; k'_na.l Clean -- T") CtllpJ i_o1I and t]C:(..1r% I1l')Iing¢p 'l"i.GRti_f'.,i fcx a.d,'c. C.:'yJ'L:Ll2C4'. 01. t'1":c; worir, 'tj10-' Coi1 CLi"7.iL t; O:i ;n i.'1a1.1 cl<-,'d,fl the stl."8e"i. YJGJ'iliw p -i I:; and .^+.."i. groui-,J OC:3i1p:i,e ti by hur,, ill COT.Si3Cti.o11 \711::7. tI70 \Vii "i'':;. c,l a'knbbisiI Litl4?"ei'1.3.1E� r, Of t.Le l f;.C't i7. 'a nz,:,"'A ::mld jl C' ., 1)'.:: -33 5 CONTROL OF TIIF WORK 1_-5.01 Authority of the Engineer The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; and questions as to the interpretation of the plans and specifications; and all questions as to the acceptable fulfillment of the contract on the part of the Contractor, His decision shall be final and he shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly. 1-5.02 Inspection of Work The Engineer shall at all times have access to the wort= during its construction, and shal..l be furnished with ill reasonable means and facilities for ascertaining the progress of the work and the workmanship and quality of materials used. All work performed and all Materials furnished shall be subject to his inspection and approval. The :inspection of the work nhall not relieve the Contractor of any of bis obligations to ful.lill the contract as pr'e(scrihod. DoTcot'i_ve wor! on matcyjais shall be made good, and unsuitable material way b rejecteo no' w'_.thstapd ni the iac't tai such dcZeatiV6 WOOR UP6 >_Pnsuit'.hle II'L3r"ia)s halo Iwan Prellorsly inspec"tod by the Engineer and ..aveptod. Whenever the Contractor vxrino the period durinZ which wort in carried on each dqy, he shall give 24 hours advance notice to the Engineer so that proper inspection may be provided. Any work done in the absence of the l'sngin-acr Will be subject to rejection. Projects in yah -,ch o'!:1:>,_i: public or private agencies are involved L i:' hC.ve FLY[ interest MIJ be subject to inspection at all .lnnos by .thc.._r respective ageniJ. or representatives. natives. .Milli old it appear that tl e we YA to be `!one or any matter relative thereto in no! S+:;I:fi_eNntly detailed or explaimod in the plans, specifications and spacial provisions, the Contractor shall apply to the Engineer for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the contract. In the event.of any discrepancy between any scaled dimensions on the„dans and the figures written thereon, the figures shall be taken as correct. The specifications, plans, special provisions and all supplemental contract- documents are essential parts of the contract and a requirement occurring in one is as binding as though r.ocu.rrirg in all.. If there should be any inconsistencies in the above documents, the order of authority and control shall be as fellows: 1, Special Provisions, 2. Detail Specifications, 3. Standard Specifications, 4. Plans, 5. Standard Details, and 6. General Provisions. 1-5.04 Supervision by Contractor The Contractor shall provide efficient: supervision of the work at all times, and shall provide and keep on the work site at ail times during its progress, a competent supFrint:enda.nt and any necessary assistants, all of whom shall be satisfactory to the Engineer. All instructions from the Engineer shall be given in writing to the syperintendant and shell be as binding as if given to the Contractor in person. 1-5.05 T; toy” o P,i r t .lr a Noted by Contractor If the Contractor; either before commencing; «;oris or in the couvse of the we:i'); finds any diso,rop:Incy between 7 the speci: i.ca.tions and the plans, or b-catwee;n either of the above and ho p17y?.iicni- conditLons at the site of the work, or finds any Errol' or omi. s2ion in Lny of the pLann or in any survey, he shall promptly notify the Engineer in writing of such discrepancy, error or omivni.cr,. If the Contractor observes that the plaAs or specifi.ca,tions are at variance with any ap!ilcable law, ordinance, regulation, order, or decree, be shall promptly notify the Engineer in writing of `:U04 conflict. The Engineer, on racn:_pt of such notic shall p_'omptly i.II es'Li '.0 the a.no gi.vo approprinte 7.n'vtrfa(' i o.IS to We Contractor, WO.... such instruction_..' are given, any work done by %iia Contractor, whether directly or indi7"JJLly, a,-a`.00r bit di.scorery OT ca1W) .. error, diperevancy or ccufl. '%.:it, Mill ba at his awn Liss ant h-: shall War all C,,,..;ti yi_!"g !hare on. .i. ^•.).u> ,{, y MA-111nns and 57..t.nl'1:aL1-n POKIYons Finished surfaces in all cafes shall conform to the authorized lines, elevations, grades, cross-sections and dimensions. Deviations, other than spacifled tolerances, from the approved plans and working drawings, as may be required by the exigencies of construction, will in all cases be determined by the Engineer and authorized in writing. 35- 1-5.07 Plans and Working Drawings The contract plans furnished show such details as may be necessary to comprehensively indicate the work that is proposed and the results that are intended to be accomplished, The Contractor shall keep one set of plans and specifications in good condition at the site of the work at all. times. All authorized alteva.t:ions affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made to any plan or drawing after the same has been approved by the Engineer, except by the written direction or approval. of the Engineer. The contract plans shall be suppi-emented by such working drawings as are necessary to control the work adequately. Such working drawings shall be supplied by and at the expense of the Contractor. Working drawings shall include, but not be limited to: anchor bolt layouts, ship details, erection pians and bending diagrams for reinforcing steel, which shall be approved by the Engineer before any work involving those plans is perTorred. Similar plans for cribbing, faasework, sh e', tii3g, form Work and cente`_-:'ing may also be required of the Cont7nctar, and if so, shall ii.k.ewina be suP.Jact: to a_pro Val by the Engineer, but only in.sof E+)• as the 600iln the]:eof affect; the, quality of the finished work.. Details of design wX be leit to the discretion of thn Contractor who shall be respo)AJi. ID Tor !he successful, con.; tunction of the work. It in mutually agreed that, approval of the Contrasuor's work:ipg drawings by the Engineer shall not relieve the Contractor of any responsibility for accuracy of dimensions and details, or for mutual agreement of dimensions and details. The Contractor shall be rr.spnvwJ.'hlo :for agreemoU and conformity of his working d1awin9c p"`ih tKe ceoM 'act puns and specifications, The t,'�_.a,2 ,� .-;how c: ud:i_tionr as they aro believed by the .' EngioQaT to exist, M .i.1i is not .. Mended or to be iI�t,:i that : L_r.vr a :`:, as :, l;e'w.ti :; 1..e!`4iUn CC, P.:7 "t 7. G71.1.? :L A`e li::' .^i)L<"f, t":i. `: i'. by Cho City or its officers that such - CL3ii.Ist1.Cn:3 are 2Ct12!4 i..t.'✓ Ji.":1.:; is C?.Il-e:. Nov shall tl_13 City on any of its cfficC...rs he i..aab.l.e for any loss sustained by the Contractor as a result of any variance of the conditions as shown on the plans and the actual conditions revealed during the progress of the work, or otherwise,. -36- 1-5.08 Defective and Unauthorized Work All work which is determined by the Engineer to be defective in its construction or deficient in any of the requirements of the plans and specifications shall be remedied or removed and replaced by the Contractor at his expense in a man -lar acceptAblo to the Engineer. Any work done beyond the lines and grades shown on the plans or Qstabl.ished by the Engineer, or any extra worn done without written autIiorization will be considered as unauthorized work and will not be paid for. Upon order of the Engineer, unauthorized work shall be remedied, removed or replaced at the Contractor's expense. Upon fRilure on the part of the Contractor to comply promptly w:t4:.1,. any order of the Engineer made under the provisions of this subsection, the City may cause the defective or unauthorized work to be romod;.ed or removed and replaced at tke expense of the Contractor. 1-5.09 Survey* and Reforence points The Engineer shall establish all reference points and sunvoy all lines . and gpaCies no he dota;�..� olds to be n.eaessa..ny Tor the execution Cf the work, Such surveys wall cons LitutQ instructions frog:; the Lnq; noo r. The Co t: ":"„ctcr shall notify the Engineer in }TMi'7.Ting at lowM hours in aC'v'. meo W his ruqu _ 7 n::°F'.pts and shall not proceed with the work requ..in i.ng such sul: veys u.nt+.3. all necessary points, lines and gradon have been estab_t.inhcd. In the event that the original location of points, <.i.lieC^ and grades proves impractical to maintain dui::iog the course of the work, the Contractor shall request relocation of such points. If, in the opinion of the Engineer, such relocation is necessitated by una,nti-- cipated "dual conditions, said points, linns an;{ grade: Shall ho l located a! no Cos! tG t a .;Ontyanlor. If, in the opi.nzon C1 the Wig.inear, i_lla0e Auate ,. justillebtion for re'co".tion is madc, the CCrcQ of SUM 10100atiorn will to wynylya to the COMPDCtor. Tbc Contractor ,1ball ca.r:'jMy A__ _so °ve all .. `ference points, bench marks and other survey p c'ints and in caso sncb :Stakes and I^.Ark-s are dcstroyod or damaged, they will be replaced at the Engineer's earliest convenience. The Contractor may be chnr;ged for the c6ost of replacing or.restoring stakes and marks destroyed or damaged by reason of his negligent operations. -37- The Contractoi., sbal.l furnish the Engineer such facilities and labor necessary for setting and maintaining points and lines as he may require, 1-5.10 Equipment nd P14rt The Contractor shall_ furnish equipment and material: production plants suitabl-c to produce the quality of work and materials vequi.red I;o properly perform the. work in accordance, with plans and specifications. Such equipment and material production plants, must be in a good state of repair and maintained in such state during the p.vo ;rc s of 41;1-32 Ivor!,.. No worts or, obsolete equipment slia.l_h'_ be t,sed aad iii no case shall.. the rnanu:Lactum: 's rati?<< of capacity be e.cce•eded. The Contractor, wh it by the Engi.neor, shall ri'')'IoNre all unsuitable from the, work and discontinue the operation of ur.,cat'.sfactor,y material production plant. The ]^;ngi.neer shall. have access to a.11. plants for r;,teriai inspection. All velcicles need to 1 n ul materials over 0-:-istirig high -- wags sh.all be equipped ;vith pneumatic tires. 1--•5.1.1 Character cf Piorivm.en The Contracto' :h%l.i c[ii?')1.0y 0;.71.;,'compel(-T.G and Mt'3CIla 21 i.0 .If any or othe:C' ..i;ars"11 elle t0 �7id Y2:'l;eS'3frG^i"•-;. "i.; , i11CC731ijiC'^. i, t':1.t'i. i';loebleSoi:4o ,,)r L'4TtOtiTP.ii 1. l:r�.C�4rL4_. .Ly iron: I;hc` woxlc on the a:� 0 01 Uia Eng�..?_t�-.;,: , and dial a- S.al.`t `i;a3-fY I ens y)_i,('^� ,Jd on thy'. work, 5.13 Final Ins,�©ci: -ern When the work provided and contemplated by the contract has been completed and i;he final cleanup performed, the Frgi.nser will. mal;:e Vie Xi -nal in pacti.on. _;fir., _.. 1-6 CONTROL OF MATERIALS 1-6.01. SounTee_Of Supply and—Quality of Materials The Contractor shall furnish all materials required to complete the work, except such materials as are designated in the spacial pro/inions to be furnished by the City. The Contractor will be held responsible for a,l.l materials delivered to him by the City for use in the work and deductions will be made from any monies due him to make good any shortages or deficiencies, from any cause whatsoever, which may occur after such delivery. All materials furnished and used :in the work shall be now unless otherwise specifically provided in the specifications, on the plans or in the epecia,l provisions. Only materials con%or.•ming to the requirements of the specifications and approved by the Engineer ,"hall be incorporated in the. work. At the option of the Engineer, the source of supply of each of the materials shall be approved by him before the delivery :is started. All materials proposed for use may be insuected or tested at any :roe during their preparation and use, After trial, if it is found that snurces o! supply rhich have been appzovad do not furni,nk a uniform product, or if the prodsct fr!'14T any Ecu ce rii'CYOes unacceptable at auy ;`.me, t&c Contractor a furnich appruied mn0crAul. i._om cthoe., a.ppzuv>.d CiOuru 8. Fo material which, after alpl o w has in any way We:'+11e unfit fGr uso, ihall. be in the work. 1-6.02 Sawn3a and WrW, The Contractor shall notify the City a sufficient tine, in advance of the manufacture or production of materials to be supplied by the Contractor under this contract; in order that the City ra.y.arrange for required .l.nsl)e"c'l:3Crn an(:: t'd5''L-]. il" of naL'7.t3. if 1.1. ....,i2 l -. t iT•? poplAsionry savpInj Vs. ne,0 A7=! : U.? F a. YI L. quality Ire c..... b d shM On 2KmAttud by o... s Q.. ; ! oL I • l d ;r U all WUPMAK Lo 1 ` Usad in too woh, for touting or L .d.!i:::. t. '.-iG72 8.S dC:. i:',',d L7p tfl.... =TYh LLeC?n, All test. :,:,'.rntnTlajo a'I.:.nt1;V6 by the Contractor shall be made in accordance with tha methods in ago by nationally recognized testing organizations Pnd such special methods and tests as proscribed in the -39- standard specifications and in the special provisions. The Contractor shall furnish such samples of materials as are requested by the Engineer without charge. No material required to be tested shall be used until it has been approved by the Engineer. Samples will be secured and tested whepever necessary to determine the quality of materia.-.. City shall, pay the cost of each first test; C•on,11,actor shall pay the cost of all tests thereafter. 1-6.03 Defective materials All ,:iateri.als not confcrraing to the requirements of the specification- _,hall be, conside.ed as dcfec'ti.ve and all such materials, wb.,t;her in pl.ice, or not, shall be rejected and shzi.11 be removed j fimediately from he site of the work unles_, otherwis- permit't--d by the Engi.nee:i. Upon failure oil the part of the Contractor to comply with any order of the P%,3gineer made under the provisions of this subsection. the City shall have authcrity to remove and replace, defective material at the e i;>nse of the contractor. 1-6.04 S torr.,e of Mat;�ri.a:.1s All iaa.t;er .a';.r fo:r Lcsc it, the work s}e.l.l be stored k,v the Contractor i.n such a. no).-Incr r+.s to prove::,, damage 1'.YOi13 ek:. ja0,]t?):9 to eTeme]i%s, of foT`� J n 7i2.itE] c)I, f oT;1I 4iny f)l 1_.._ call e, �I n•tCt 1;:. `ti �}1 �. s. also 1-,c Yt�or^�1 `t5 t 137 A,. F'., �, [jC,I'l i.T7']' 'C=!i, -40- 1-7 LEGAL RELATIONS AND RESIONSIBILITIES 7.01 Observi.nm Laws and Ordinances The Contractor shall keep himself fully informed of all State and nitional. laws, County and City ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any tray affect: the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency is discovered in the plans, specifications or contract for the work in relation to such law, ordinance, regulati_oA, Order or decree, he shall forthwith report the same t.o the Engineer in writing. The Contractor shall at all times observe and compT7 w:i.i;h all such laws, or.dinanees, regulations, carders on decrees, and shall protect and indamni.fy the City; the Engineer, and all officers and agents of both, against any claim or liability arising from or based on the violation of any such law, ordi.narce; regulation, order or decree, whether by himself or his employees. Special attention is directed to the following sections cf the various code:; of ce State of California: The Contractor :ib 1.1 :f'orf'eit as penalty to the City of Ban Wan Capistrano twenty-five dollars ($25) Top each c8.vent"a .. y or pennon uer:cf, for ca^.h workman paid less than tho general IJre V2.a.f.ing WagO rates stipulated for any wok's done ttnd^i' the contract by 'r.:)nr or by any ;;tth-corza•a.c; io:t• trr7dc:�' Minn, in violation of the provisions of the Labor." Code and in particular Section 1770 to Section 1780 inclusive, thereof. pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of San ,lUaD l-"',i-,:.Ctr`t.nO IRS _tW.e*rt.:..inC;d tae Fennra.l. prevailing rat of wages in the locality in which the work is to be pe t'f.ormeO for caeb type oT Worhmna needed to enacuto this contract. TW� hou21y „,,=e raters, the rates of per them Wages and lt`L'. Yates of OVf3 _', d_iTo 3.17::: holiday ?' week, err(.'. based on the f.a...ec h rev'is;cn of tho �Southarn California Master labor Agreement and are on file in :.:he office o! the City Engi.ncor and the City Clerk. The wage rates set forth are the minimum that may be paid by the Contractor. Nothing contained herein shall be construed as preventing the Contractor from paying more th& n the minimum rates set forth. The City will not, recognize any claim for additi.onal compensa"!:i_ore because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate so set: forth. The possibility of wage increases, subs lstrej.)ce, travel tulle, overtime, welfare benefits or other added co:;iensatiois are elements to be considered by the Contractor in determining hi.s bid and will not, under any circumstances, be considered as the basis of a claim against the City on the contract. 1`-7.01. `h _Hours of Labor The Contraci,or :;iia:! 1 fcrfei t as penaI_ty to the City of Sivi Juan C.aplstrra.no t,,a,sllty-fi` e- (µ25) dollars for each wo-r'e11,Ian empl.oy^ d in the performance of the ccn"i;ract, by him or by any subcontractor under him, for each calendar day during which any workman is required or permitted to I.abor more than eigh-c (S) hours .in violation of the prov:is;ioiis of the Labor Code arid, in particular, Section 1810 to Sec"tiol, 1815 i.nclu.sive, thereof. Tho Contractor :aha,i.l. i'.eep fall, true :nu accl'.:Late 2'L'CC'+Y`4s of the I=uTCi£':.`'3 <Ai:y Piet.'. paid 'Co, L'- r:'.'.. actual hours vma-ked by, all workers .-nd laboJ.'G: %`c; e'1'!�>lii yrod under til.:,; contract a3rd shall., alloy?. t,....... tol;b same al ai7y re3..^-,onab'.e h,:,iJ.r tO 'J;'Jo, C:J.t-7yii).`-3 h!�.: 0 'o P 'C"s C: to t, .'.. v l... ).:3 G >ili prcwi si ons o f said h J'nr Coda, SUc,t:ion 17:1; of the Labor Code reads as follows: "No discrimination shall be made in the employmeat of persons upon public works because of the race, color, national origin or ancestry, or religion of such per:som� and eva-k: y ccni;rac Lor for public. works SL4 v. �? .r :;),.b 3C"L "l,0 i'01 t; (72 1i1Fosoo fo)^ C''ioloA:.C_.n bf 'l;h:i.:. C'{.ap"Lt...." fk <,)i: z.n$?. C; Il i.L i.Tc=:v":; o. •.,. iC) 'i;'tf-,' ':i"". <<T i.� io'.7;k til. Srac"L:Coxl_: 1'177. .d - %7'T.G <)1 ,:he bor C e C CJ'iC t;:C 1.•3. 7.g t: il.� employa;j, it"L of :-`. j:: j,7:if'llt:'.0 es Uy the Contractor o.' any, zobG coP"Lra,,"�,Or uoder him. Section 1777,5, as amended, requires" the Coiitraccor or sub -contractor employing tradesmen in an appren- ticeabl.e occupation to apply to the joint apprentice- ship committee nearest the site of the public works _.A,G_ project and which administers the apprenticeship program in that trade for a certificate of approval. The Contractor and any sub -contractor under him shall comply with the requirements of Section 1777.5 and 1777.6 in the employment of appyentices. 1-7.03.5 Contraciors Licensing Laws Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions Code concerning the licensing of Contractors. All bidders and Contractors shall be licensed in accordance with the laws of this State and any biddor or Contractor not so licensed is subject to the penalties imposed by such laws, 1-7.02 Tnsyrance The Contractor shall carry public liobilify inbrrance in an amount not less than $300,000 for injuries, including accidental &oath, for one penspD, and subject to the same limit for each pars.:n in no amouai "at len;3 than $1,000,000 on account of any one accident and property damage insurance in an amount not less than $500,000. The Contractor sh3JI Nh6wisc ollaiK pubJic liability and properly damage inpuranco to coven vahicles usod or WnWned bm y hiwhetbar ou or off the promises, with linbility limiK of not MWO thou QZG,noo for any one parson and $500,000 for any coo accident, and property damage of $100,000. The insurancy amonnW not forth herein are the mWmom arounin reqKYK by MD City. Other ngopcios with which the Contructo-, may be involved in the accomplishment of the work mny require greater anounTs. The City will not recognize any claim for additional compensation because of the requirement for greater amounts of insurance, as this is an element to be considered by the Contractor is determiniag his bid. 10 SM policy or 17oNc5on of Ansurnnco UALI nn= W-' (1i"Y of San juan Capistrano RS aL additio"al irFr.00 and sholl. pso-Ady M ten (W) Anys waTisc to tho City of San ja"n UpMrolopriQv to convolintion W .__M, policy or pulicinn Qf irburnwao, Werkmenly compensation ane GN' loyez" 's linbility insuraace shall be maintained during the life of tht? contract covering all employees on the project. In case any employees engage in hazardous work undey this -43.. contract and are not protected under the Workmen's Compensation Act, the Cont2actor shall provide, or cause to be provided, appropriate insurance for the protection of all such employees not otherwise protected. The Contractor shall be responsible for the insurance coverage, as herein piovided, of all employees of any subcontractors. Such insurance shall be furnished by companies satisfactory to the City and certificates showing that all the above-mentioned insurance has been issued and is in full force and effect, shall be furnished to the City prior to commencing work on this project. If the Contractor fails to maintain such insurance, the City may obtain such insurance to cover any damages which the City or its principals may be liable to pay through any of the operations under this contract and deduct xnd retain the amount of the praniums for such insurance from any sums duo under the contract. The Contractor at his own cost, expense and risk, shall defend any and all actions, suits or other legal pro- ceedings which may be brought or instituted against the City or its principals on any such claim or demand and pay or satisfy any judgment that may be rendered against the City or ita yyincipa7s in any suck ncrinn, suit Cr lagal pronsawisgs or result tharoDf. Notbin; hernin conTaynod shall be copst7uco an MoVing in any way tho cxtDht to whinn the Contractor nly be held responsible for payment of dam nges to psrscuE or PrOPOMY resulting from his Upstationo or of that of any subcontractors unoor himo ResPonsibility Tor Mrs -go The City, the City Council, the Engineer and their authorized representative shall not be answerable or accountable in any manner for any loss or damage that may occur to the work or ZUY pnrt thone0f; or for injury U r MoQn to any peyPen or pow.ton R, whether workmou or the pvbM; or for CrmaEo to the adjoinirg property fro3i.,, any caul o whatsno7or duping its proZrnns of work, The Can tynotor phrll iMannify and cove harmles" the City, the MY rwncil) Un Englanyp and Mir authorized representatives MA any a6O &I suits! claimn or actions byaught by ally person or persons for, or on account of, any injuries or damages sustainod in the construction of the work or by or in consequences of any improper materials used in its construction,,or by or on account of any act or omission of the Contractor or his agents. -A?-- The Contractor shall be responsible for any liability imposed by law for any damage to any person or property resulting from defects or obstruction or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance. 1-7.64: Contractor's Responsibility for Work and Materials Until the formal acceptance of the work by the City Council, the Contractor shall have the charge and care thereof and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any of her cause whether arising from the e vocutloi). or from tM non-•enecution of the work. The Contractor shall rebuild, repair, restore and make rood all injuries, .Losses, or dawages to any portion of the worm or the materials occasioned :,y any C:<`:use before :f:inal acceptance, and shall bear the expenFe thereof, .vxcQpt for such injuries, loss's, or damages occasioned by the activities of the Federal Covernment, or the public enomy. The suspension of the work for any cause whatsoever shall not relieve the Contractor of his responsibility for the work and materials as herein spaci_:+':i_ed. 1-7.05 POY=al Liability Neither thu City Council, the: Naliuver nop any c.M_- of f icer, nuthorizod 1 cixooent itive on ag2ht of M-, City shall he persona.l'_'y responsible for any liability arising umdar the contract,. 1-VOG Y: =`rVf1'[:zCJll. of The Contractor will be field responsible for the preservation of all public and private property along and adjacent to the work and will be required to exercise due precaution to avc:i.d and prevent: any daNag;e or injury t1t2 r to of his OP=0001. i -L001. 1.•-�7.<)0..� �.7>Uir(... ';":i1!i Fi.q' l.i.'C:i.E<; remnvcd and polo Macs, ercas s:gra, su ,7 y ...<_ cr.,& and A n.'ment8" . ht_U.ngs, on& 1,I10 ItrL'.ctures conduits and 'pi pw lines above ground mud any other -existing improvemenT o7_' facilities within or adjacent to the work which are not to be .removed shall be protected from injury or damage. The Contractor -4.5 shall provide and install approved safeguards to protect such objects from injury or. damage. If such objects are injured or damaged by reason of the Contractor's or,arationS, they shall be replaced or restored to an approved condition at the Con.tractoa''s expense. l''acill Cies The Contractor shall protect from injury or damage all existing underground conduits, pipe lines, iri•igati.on lines, drainage facilities and other facilities within or n.djacent to the work which a.re not to t;e removed. The locati-en and description, of underground facilities shown on the plans al'e in accordance with available records, but should be, consi.:lert�J a.,appznxi_?}ate c,rily. Attention is d ..re<;ted to the possible existonee 0.1 underground facilities not kijocun to the City or in a location different from that which ;..s shown on the plans rhe Contractor stall be responsible to ascertain, the enact loc%:tion of all underground facilities s;hown on the plans, or otherwise made known to h:i;n, prior 'Co doing -workk that may damage sue.h c:c in.i:v=rse?°e. V,jJh thei.i• s�l'rice. 'I'll(, 1.,{�a(i owners of the underground facility prefer that the relocation be performed by the Contractor, the Engineer will negotiate with the Contractor to determine the cost of the relocation. Payment for such relocation will be made by the owners or as extra work, as the case may be. 1-7.07 Public Convenieone and Safe The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public travel and he shall have under construction no greater length or amount of work than he can prosecute properly with due regard to the right of the public, or as directed in the specifications or special pro -- visions, Unless cthcrwise provided in the special provisions, all public traffic shall be permitted to pass through the area of the work with as little inconvenience and delay as possible. Not more than one crossing; or iDte,,..- socti_ng street or road shall be closed at any one time without the approval of the Engineer. Construction operations shall be conducted in s4c,4 a. manSh.r an to cause as ll_ttlo P_COn@::T1;i-pf,rlCC'. as possible to ab;Sti:Ar:g property owhars. C071:4>efit-ut access to d7".'k.STE?S:".yc, houxuR, and hui)Cjingty, along the .y__i.ve o ^ vo i l.if A Y be A t 1 n rt ined and tymporany crosrint;5 '','i%L i..i. be provided and m 1n: ii.ned in good con-dik.lon,. Re^',::caants along the lime of work Mail he provided p%ssace, no far ..s p:cscti.cs.b3.e+. When^v-i,;'=_' the Contractor's _ operations create a. condtti n hazardous to traffic or to the public, he s1:_s.la_ furnish and maintain as necessary, at his expense and without cost to the City, such flagmen or guards, fences, barricades, lights, signs and other device: as are det:ervined by the E:aginany to be required to give adcqwaK nornQU oX any dnrnn7nus acanitionu to be en OantuTed and to pr avant c cj 6e t cs Ono _zrc,:' o r. M age or injuly to the ?;llblic. Ths Con Cio.c Tur si1aj! a ase crest nod MainHIC PU.I. W"YoIng V . YZraVopal signs ao nay be Turnishnd by the City. V ,tE;FTOust :"t jy_1r.. t LSe Jh2. _a_... be applied .... 1::=C G'SnrR.Y'j% for the alleviotior or prcvootion of Mt nVi. ;hi'co as 7 i::`ovi.ded in the detail specili,cati.ono. 1-7.08 Em.plozee Safet Reasonable precautions shall at all times be exercised for the safety (if employees on the work and applicable provisions of the State and local laws and building and construction codes shall be observed. All machvinery and equipment and other physical ba>ards shall be guarded in accordance with the safety provisions of the Manual of. Accident Prevention in Construction of the .:ssoci.ated General Contractors of America unlecs such provisions are incompatible with State, County or Mulnfcipa,l lays or regul.ations, in which event such State, County or Municipal l9w"; or regulations Shall govern. 1--7.03 Sanita.ry Conditions Tile Engineer ma.y from gime to time prescribe the pales and regulat.i}ns for maintaining sanitary conditions along the work and tate Contractor shall enforce observance of the s-xe by his employees, and the employees of subcontractors. 1f the Contractor fai.is to enforce these rule; aiul regula.'tior_s, tiie Entr._.n-aer shall have, aathcrity to en:�orce them anti a;ty expel =;e be the Con'i,:ea.c.to;-,'a. 1--7.1.0 Plye ri.'s and r 1-7 1, IT YdY-.ones r:;_ 133 t:h f) p: ._:i?.c£..7.i;,IF, ;x.;;. *r;ateri_V.1 or pr, -,.ccs:, 1i%1e'.ii-C1'{!•..'t _,��,(.yJ�lC3.biG{t'� ,�tril..1. };:, e7 :. t7.( -O to Inc, 7.1'S i; i.l !-�`�' I,J� j`LI'.'1;✓ 't: Ct:f (acil e1' tii', Ct _.. �_C , _ (7 1)yY t 1C` wft r':G Ili- . E _'i �liO, EJ bt1,��I{: .. p -(')Th ', h... ;"l)i;Yrs. ti '1,d by IJ'm. III f):t'T er 'un' iA. t,.::.. .I. i, e} ;" - :y ;;_ prop F i shall be e(jaal Ju (-;,,7f'ry ;'Plii't2;':,1't to 'l;aS,t sv }'.ndz_cd o s,l3ecl.-N.cr5; �:);�ov_cier] ;,ci-:.vzrcr, i;L.n.t ha shall set otct in the, propos,_!9'. i. t o, price of the I.?, tcri al or p:! oceSs so e:t'fe "v L4, a:1a ceeond) be pr A'.ce of th o, m a ter J. a 01.' pr0CE'3S sG) ii. d.iCa.ted 01' SpeC.i.i.1ed. Of the bidder shall not offer any substitute in said proposal or it a substitute so offered by the bidder is not found by the Engineer to equal that so indicated or specified, thea. the Contractor shall furnish or install the material or process indicated or specified by name, if oie only be so specified or named, or if more than one be so specified or named, then one such as shall be specified in the proposal., or if no one be so specified, then one such as shall be required by the Engineer. The Contractor shall assume all costs arising from the use of patented materials, equipment, devices or processes used on or incorporated in the work and agree to indemnify and save harmless the City, the City Council, the Engineer and their duly authorized representatives from all suit, or law, or actions of every nature for or on accounts of the use of any patented materials, equipment, devices or processes. 1-7.12 Natural Drainage The Contractor shall do no work other than that shown on the plane, or approved by the Engineer in writing, which will divert drainage water from its existinff course. if, during ,;he Contractor's operations, he should Oamage, allor er causs water to Ilii Givo ve! from any existing drninaga .^oursa l he. shall, at his tpopso: i'i:st:o9.e said drainaws i;ourso to its or'igisQ ccnoiti.on So to the ;3 F. :>..S :l'aC'C ?.OP;. cl the "Y':'y7.neev, 1-7.10 Employment i'> eYcrarce In the erploy'nient, of Mors the Contractor shall giv pr#'lorenec, other "thing2 b^.Y11E equal, to honii7."'ilbly discharged mambos o1 the ar.,ned forces of the United States, but there shall be iso other preference of discrimination among citizens of the united States. 1-7.14 Cooperatr.Lox, Sh.oald constroction be un[.'STway by otley forces cx by other Mtia 6oio ith-.s or :Ojacaeni to the limits .- of M wovh :.:peci,f i_ed or should work of any other nature be l nfen wry hy othcrfore vithin oc nijouYnTto said li- l s. the Cuntrautc z c71.:e.13 nowparate with all such other ConiS"73,i.:tors or et'-er J_G',.ces to the end that a.y' delay on hindl"a''-'nn to 'their work will be avoided. 1-7.15 Use of Explosives When use of explosives is necessary for the prosecution of the work, the Contrnetor shall use the utmost cape -49-- to not endan,,or life or proFerty. A1.1 explosives shall b:, stored in a securc manner in accordance with the provisions of Division XI of the Health and Safety Code, Chapte 3, as: amendeu', and shall comply with all State and Ccunty la,.v , ordinances and regulations governini, such use. A31 such storage plzces shall be clearly marked "DANGERC)LIS - EXPLOSIVES." 1-7.16 Right -of -!,,lay The Ci.Ly shall provide the permanont ril,it-of-way upon which the work undar this contract is to be done, togethe)° P741th any temporary coostruc"tion easeilien'L:f ac: shown or. the plant;.' The City ivill not, be responsible for any delay in furllish,Lng _: nine and any, such delay sh-x11 not bo. made tho basis of a clai_an for ar'di.tional. co.-i,'pensa.t.icrl by the Ccnrtracio However, the time allowed for completion of the contract will be extended by a. period of tulle equal to that lost; by the Coni;7'a.ctor clue to such delay. The Contractor shall, at his own expenss, provide for the tompora y use of additional laud if x•equired for the constructi_ou work, fo, the erection of temporary COn "i":CUctl_olt f=1c 7.1. 11.:!.('E; anG ._Lprage of il.i to; ,iAr':i' v ,., d. ''°I(;11 C i` rr=! i:O. 1-8 PROSECUTION AND PROGRESS 1-8.01 Su.blettinrr and Assignment The Contractor shall give his personal attention to the fulfillment of the contract and shall keep the work under his control. No subcontractor will be rocognized by the City as having any authority. All persons engaged in the work of construction will be considered as employees of the Contractor and he will be responsible for their work, which shall be subject to the provisions of the contract and speci.f cations. All subcontracts shall be in writing. Before any work .__ is started on a subcontract, a certified copy thereof may be required to be furnished to the City. Each subcontract shall contain a reference to the contract between the City and the principal Contractor. Thea terms of that contract shall be made a part of cich subcontract insofar as they are applicable to the work covered thereby, Any subcontract; may be invalidated at the direction of the Engineer, if, in his opinion, the portion of the work k'h1ch has been subcontracted by the Contractor.' is not being prosecuted in a satis- factory a.t.is-i' L.^,tU"V' !'O QIlnt-:T C?1" TH lu to ti, (iYilp i y ii'Lt)i the I"E9:;ta's.ae..• me.Ylts W the prinzipal contract. In such an C:venty the s"boontractur shall, be removed immedi...tf,ly fron the work sod shall ncl again be enployed on the worV No ,.......1 :i.gilid ^. i1 i, by the 1.:0 i7. l ... ... :.. V.^ of ;I3n CY.i %.i i, _:"°. f.ti v, be entered into barrnnuar, or a zy portion iaacroof, 9 shall be mado for any purpoca J chc- r than for i1.1_ ., as a collateral and thou only of Ler the surety II&.. on- seYkted thereto in wiling, and after such AE`.; -L3 :?.�:.::nt has Loan approved in wr A t.Ang by the City � No such assignment; will be approved by the City Council unless the instrument of assignment contains a clause that the assignee assumes all prior lions and claims for erN ces 'Ca fa;.s,•,_,U 01 ..3' `a.'_nL i.. snopHad in, 'thi? parfo?,7Ponce of ho work ci S.lud for in the contract, The '...Jn.Al ".cl'`'ot` nhM w;'_, to the 1:. gin- r 1.,-:."ir?r to starting Work co the e:.O.Jv]'°a3-_t, n practicable schedule showing qhs order Ill WAch the con"tyactor pro[J;iSQ5 to carry out the "ork, tho dates on which he will, Start the salient features of work and the con'tomp?ateci dates for completing these salient features. This schedule shall be consistent, in all respects, with the time of completion requirements of the contract. -51- If required ray the Engineer, the Contractor shall submit supplementa*•y prngz•e;sr schedules which shall indicaic- approximately the pc:rcentage of work scheduled for completion at any time. 1-8.03 Time of Comr,letion The ContracLor sha;.l comlilete the wor'.c called for under the contract in all parts and requirements within the time of completion re_lui.rements of the contract as set forth in the proposal. Conrt)letion of the work shall be defined as that time when the Engineer provides written notification to the con- tractor that the work has bee.=_, comple(:.-c' to his satisfaction. This should not lie coati ,,2d v✓ith the formal acceptance of the faci_I.ities by the City Council. 1_-8.04 L:iq)iidated I`x;ua e It is agreed by the parties tr- the. contractt that in case all the work call.oa for under the contract is not completed before or upon the expiration of the time of completion limit as set forth ill the proposal, damage will be sustaineti by the City of 5ar.,.J'uar. Capistrano and that it is, and will be; iinpx•actica.bl_e' to dt^.t:ei. i_n: th:e actual c!.°:..nF.-e. ,:li .;i1 the City wil:i. ESU£"ii-FJ.n 2n. tLC3 e'tient oil, an.Ci by1^?a.�Gn t'i :?, SnCI:. Cl e.i a.y F,.n.d it is, diel E.`:'Cire 'Irecj fh 't t.1e 0,13J.t"'Ac,;or Will -1V to tPe. City U' Sa-.'l :1n('sn Ple sRtP. oS l}n.3 eaC% PV- ri n4 to work; a)1t th_e ctl7l'tr:.l.0 l:o'. heroin '; 3'eeE3 to p't j' 6�l`eL:1l lic;u.iti2.torj d'dl:] es a, 1;1:re-i71 ,1 'U <1 (z i; for, '1116 furt;l-r that i-.l) C Ay of "fail ,,i, A ( a A.S-trenu lri2,y the ;,aioun.t: 1-111(" 'eof f;`(;.n any nlc»i due oz:' that may b' coa;e due to tiv- Coarira.,^toi.' unut ,^ the contract. It is :also azl:der:;rood and agir' ed that, should the Con- tractor fail to furnish the plant, materials, and equipment, and perform all work herein set forth in a good nand a.a manl i,'.>e x;ianrer, he shall, in a.dditior) t0 .I liS' otl'.(_':(' j.'.,J,lis 1_'t; ?..Cfi '73i:v"--dcd til lne Cf?'V, CL` i.Ot _iCJC:'l i'• mr!!lts, be. 1.i.a?J).e to the laity 7`G ., all )_Y`,<r "4j5 Or that- rice L -t 5:? r ".:y Ut1 It 2:, tt t(re c».l:ic:c. :,ua unC ?:fl., ?ai::R r.C, 1. i ii.0':: f� L-__'Y.11! a:16 u,,Ip 1-'.od ' n Lt t1l)e r'�^ t''.'le the City Council Sii .l.1 1l'i Ve talar? "r':t. tilt ''..c. ...,;.tend t-he til.iie :1'o-v Completion iii.on Ol" ill:t:, a9 1-L lrl;,✓ UC'.:-':B 1,cS�, to serve the interest of the City, and if it decades to extend the time limit for the, completion of the contract, it ,shall further have the right to charge to the Contractor, his heirs, assigns or sureties, and to deduct from the final. payment for the work, all or any part, as it: may deem proper., of the actual ng, lnspeoti(: 1, and o''-Jael U"arc �' a ,.d �. �.•��- ti`113 ray +'t :c'G r; i. a'e�rtly ,_• t n cbargeable to the contract, and which accrue during; the period., of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges. The Contractor shall n,.A be assessed with liquida.tcd damages nor co:3i. off eJ;;inee.ring and inspection during any portion of the delay ;n the completion of : the work causid by acts off God o-_ of the public enel71y, "fife, floods, (epidemics, qua -cant iLie re;i "Lr ic'h ions, strike,S, fY'eLmh embHl'gCes, failure to move or relocate public utilities by the owners thereof, which interfere wit)-, the progress of the work, or delays of o?ll:r':cCt01's dUe to such caliSes; provided tha"t the ConL-caci.or sh,r ;_ not -lily the .ng'i.neer in writing of i:he c=ruse; of del,+.y w; -thin ten (1.0) days, from the beginning of any such delay. The F.ug;:r.ncc<r sha..l tt,c :fa.ct;�. a.nd the, ....acnt of tit;; delarr, an,, his firdings oi` tact thereon. shall, bo final and cC3:lltAJ%1 3-V(?o 1-S..05 Te1n.poi-ary Susi-:, nsi,on of Work The Engineer shall. have the authority to sasper..d the work, wholly or in pari: by 1x11"i't'lea direction, i'or such period as he m;;., deem n„cess,ary, due to unsuitable wG z f Yr.dr C? 'Le •3ucl, U t hQ. L,IaJ Cl ? c S 'Vro or for such 1;ii;e as, he ma"y doe'M ;rr:ce; :•;r'.1' - duo to the flilu:r_-o oft th" O -C r.ito c' )'ry chit to j}i}rto pili ....J'.V of is;"(, COAt]' clt).w s,0"'. �. lY;i(7"-,i @;lr obejr .'SCG), CY7.rc:Cti.On. of, the E'A g"illoer E.; t;F sI).`'C 't .ot )�"ork'l' d:Lrac"tec? ov C"' pp-ovf`t! in l`i ".'(,:il; by the ) L:LII:ICs'91' If 'U;e Con i;rac "or should neg'_rx: t to prosecuto tho wo: h properly or fail to perform any p:covi.sio!.is of this contract, the City, aftez- three (3) days' written notice to the Contractor, may, without prejudice- to a.1)y (idler re71ed.'j 1.t 1212y Tt;{ O' In'the ";Io':)j inch de9fic7.encies -Fr��l.) Lil' lJ-ryj A^I)t then Or tit C-:i'"?E.2't(: _" the (;?-171 f:'f..0 t:;'.•� ?"r�L-�:'.•,L (9, ipl'IE: Pfi':i r CiA y 7..i:'.. .� ;-�:'J ,r Z. 7J.'G sUCii ?'.<•i •.On a1'1d CO tor, In. ,.t7.3 r"b' Irk 'i �. �7 �ir,'_..(!1! 0, T'JY't7 k'i.C2 LY 5'?:7e`Jc b� roaz::)n Cilthe of `11e Corlt:at:;toY io (,; )-ry oul; ordr,rs, to peri:orm any pro.`. Visions of thv eontracti or to prosecute the work diligently, the Contractor, at his expense, shall do all the work necessary to provide a safe, smooth and unobstructed passageway through the construction area for use by public traf'f'ic during the period of such. suspension., The days on which such suspension order is in effect may be considered as part of the time requirements of the contract. In the event: that a suspension of work is ordered by the Engineer, due to unsuitable weather or other unsuitable conditions v;ii.i_ch, in the ,judbmcnt of the Engineer, are not: the fault cf the Contractor, the cost of providing a. smooth and unobstructed passage- way through the work will be paid for as extra work or, at: the op+ion of the Engineer, such work will be performed by the City at no cost to the Contractor. The days on which such suspension order is in effect shall not be cots<siderod as cart of the t:imc requirements of the contract. In the event of a suspension of work under any of the conditions as set forth above, such suspension of v"Yk snail not r"Gll"ve the C',ontractol' of his re=pon ib li.ti.cs as set forth in Section 1-7. 1-8.06 Termination of Contract In the event that any of the provisions of this contract are violated by the Contractor or by any subcontractor Ruder any subcontract on the work, the City may terminate the contract by serving wri.tue-.- notice upon the Contractor of its O.ntent:i.on to ter- minate ermina.:., such contract ano, unless hithia -ten. (10) day's of -ter the serving of such not co, s'ukh viola for. shall noaso,/ Me C. ono snail, upon thet.rpir k Uel F of said ti'n l �_a % drys.,i=`ase and -i;armi.nato. !1s to violations of the Prov i_ ;%no ul thn can `ut which canDW be rH'.11l."diod or corrected within ten (10) days, said contract: phalli at -the option of the City, cease and terminate upon the gi.virg of like rotice. In the F`Vl=;M of any such t'.nn iP.atinn for any of the reasons above-mentioned, the City may take over tle work and prosecute the .same to completion by contract or otherwise for the account and at the expense of the Contractor and his sureties shall be liable to the City for any excess cost occasioned in the event Of .LilySUCK t:"ai ina t%Dj rod the City M%Y UM p ecce p's iGn of S"d Mime e J. temp : C t ing t hu work, such . W-. :.r M' ;. )'lnMi.,C.., knd }71 'i., as r4:.y 1::., on l:.<. Oita of wort %l t UnnonNAVY ihlri c, fi3 ''. ShOU76 the conlr4otur ON or rofuwa to pron?ed With the l )rk on Wive oT o Engineer to p7cr od; should the Contraci;ol" be adj U_::gcd a bankrupt: or make a general assignment for the benakii nC^cera; tory ov shc,ald a receiver be 8ppoi_nted on account of insolvency of the Contractor; should the Contractor persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skill.edworkkmcn or proper materials to construct and complete said project within the time required, in a good and workmanlike manner; should the Contractor fail to make prompt payment to a subcontractor, or for materials or labor; should the Contractor persistently disregard lanes, ordinances or the instructions of the City or its duly authorized engineers, inspectors of vopresentatives, or otherwise, be guilty of a substantial- violation of any provision of the: contract documents, then the City, upon the certificate of its City Engineer that sufficient cause exists to justify* such action, may, without prejudice of any other right or remedy and after giving tho Contractor five: (5) days written notice. terminate the employment of said Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever methods it may doom expedient. In such case. the Contractor shall not be entitlej to receive any further payment until the work is finished. If. Ohe unpaid balance of the continct price shall encoed the eyronse of finishing the work, including fo` pon-• sati.on for additional managerial and administrative services, such excess ;bail be paid to the Contractor. If such expense shall c,xnec:d such unp"id balance, the Contractor HM3 pay 'thn diffe gip.^.o to 'tire. City. The exUe"nse incnri ed by the City an horoir p]'fi'.'aded, and the damagQ incurred ed du,e to the Co &acto Q; default, 00031 bY is c t..i i -.-j.G d by i;td f i.'t y EnZineor. In c =rteo this. cnnt7uct, or aDy alter t:..ilt._. on psi _. _ir: 't,ions thqryof 1,... MUS toren! 1 ted, the Ucti-ony of he City shall be c/rYn:,".uni i e and said Contractor shall net bO a,1 OWW r y c .aiM or r°c.cei;rc any COMpSAWSHOD or dawagno for not boo g a,l.lovod to proceed with they work -55- 1-9 MEASUREMENT AND PAYMENT 1-9.01 Measurement of Quantities All work to be paid for at a contract price per unit of measurement will be measured by the Engineer in accordance with the ignited. States Standard Measures. A ton shall consist of 21000 pounds avoirdupois, Unless shipped by rail, material paid for by weight shall be weighed on scales furnished by and at the expense of the Contractor or on other sealed scales regularly inspected by thv ;tate: Bureau of Weights and Measures or i.t;s, designated representative. All scales shall be suitable for the purpose :intended and shall conform to the tolerances And specifications of the State bureau of Weights al ,s. t ;:] A;ear�u.t^. The Contractor tactor shall hava all scalps ihh.; "eatd by the State Bureau of Weights and Moasu.res as often as the Engineer may deem necessary to ascertain the accuracy of such scales. The Engineer may require "thy,. Contractor to furnish a Public We:ighmaeter's certificate or certified daily sunmory weigh. sheets. In .such cases, a duplicate weigh slip or a load slip shall be furnished to nacb. vehinim weighed and the s s -_y sha.3 .l. be doi:ivc.y •ad to the Engineer daily at the point Gf delivery ul th(-� maiezi.a'i or at ouch l_erser:' intervals as may be .:e- CIuliud by the T11ginwei.`,, If matori.al is nhip od by r'£: il, the car wraight-, will be accep od, previlDd that aCtjal Cdti gat of material_ Only I 7, a mini"um car weight on1 w:Li� Lc laic. ;.c_" ^ _zu pot �e- Lris h_.,cu for asacosing freight ' h. li f, and provided further that car weights will rvt he a.cc Gptabls for material to be pEnsed through mixing plants. Unless otherwise provided, material paid for by the cubic yard will be measured in the vehicle at the poli7'G C`1: del:it'C?Y"?- 7" at Ci. 111?".'.;_lnr> "J,Lc'LR't;, as t.h(=: CL'.;;e may be. All res.. . __a _ which ore sp-.c.ified b} tOe cubla yAnj- "measnTnd in %hC .. v i Ki t^O1. UO LLU d in vT pia C s of cuab typo and: seculat.5y C!GYi2iL..Anod. Lira,<z.h or c"1`: -yr (. ." ;il.��n1;.Vi�,:: oof.,.r)_1," sLu:tl tie, ecni;,ctered asasbuira the horizontalhorizontalli_.noalo weal quantities determined from Mons 1 nnniq or dimensions of such work made or computed is horizontal planes in accordance with details shown on the plans, unless otherwise speciiio6. 56- Quantities of materials J.n structures will be measured and/or calculated in accordance with the dimensions shown oii the plans. When liquid measure is applicable, the material shall be delivered in Ftandard contai.itors or tanks which have bc�E.j-, ialituated and certified by a. representative of the State Bureau of Wej-gh.ts and Measures. 1-9.02 scope -o�Jrayire. The. Con,tractor shall the payrmenlu stipiilated in h.;F, subj*(!c'A to any additions Vlr,:�-eto or deductions ther(—rI)Tn 1-11 . 11:i%a may be mzde in accordance with the p.rovi,-".-,".ons of tiro contract documents and ce:.,put.d upon 11he or the: qua.ititi,os in the comp;e,terl work, as J7ull co!a-pensatLon. for lur;jisliing all maAe-rials, tabor, and ccju.-Lp-r,(.,Ilt ne^.ossary to the comple!'ed work and for perfo),min.- all wor" Conte!)II, _ 4- -d --c; d under tl,,o cont L7,LC I'--, in Ieemb -� '' .1 strict accordance with !'JL(, plans and specif..LL;ations; also for loss or da.mage arising from the nature Of! the work, or from the actinn of the clemonts, except as hereinbefore proviAc.d, or from ariv 'anf0re-.F'een C14 T -f jeu-j ties Vj I j ^.tjjl J P, e3'ed dux I;h�' 1:0z' 'L;)t"T., li.J the by tbe C:'Ay an", 11!,c- all risks 0-"* -v('--\7 (.JeL- taol) W] U'll -Ul)o Poo"—'(;ai'l, 1) of Y"'or" Ms,o 1t'.3r all- JA) Cf JL.h(� to th'-, P3 -')")''I aTIC! the of ai'%7 nor of YIny reli.e)'o tho Co"''-aasAor CA a3)y obligation to nakc-, a,,.,y dof(>('tive work or material Al! labor a .-.iaterials not :pec'..')-fically mentioned as bid items, but necessary for satisfactory completion of the work, shall be considered as part of the prices for bid items and no (-izA--(.,a compensation shall 1(2?° jl� 1?.: --C1 13 i.'l i 1*F of. IAi. notal- cf Vie dr),-�e, 1%6 by th( and UIC! 1 ,�"StayJ-cer ,ay ;,�O�e iul,o consider-�-JOII' Ara. I uO I tha Eng along with other facts and canditl.ons deemed by him to be proper, the ratio of the difficulty of the work completed to the probable difficulties of the work to be done. The Engineer may at his discretion, under unusual circumstances, approve one additional mopth' y p �L Aymer.-t. The City shall have access to all payrolls, records of personnel., invoices of material and any and all other data relevant to the performance of this contract. There shall be submitted to the City through its authorized agents; the names and addresses of all personnel and such schedules of the cost of labor, equipment$ Cost and quantities of materials and and other items, supported as to correctness by such evidence as, and in such form as, the City may require. The submission and approval of such schedules shall be a condition precedent to the making of any payments under the contract. The City shall rets -in tan parcent (10%) of such estimated value as part security for the fulfillment of the contact by the Contractor and shall, within ten (10) days, after approval by the Cite Council, pay to the i'.'oatra.Ctor the Valance of :'uch e st;im.?,ted value, after deducting therefrcm all previous payments and all sums to be kept or retained under the terms of the contract, No such payment will be made when, in the judgment of the Engineer., the work is not proceeaing in according; with the provisions o1' the contract, or when in his judgment, the total value of suGh payment would be less than $;300. No such estimate or yay, ani; son! to coi!S:irU C1 to V7 , an koceptanan ol any WyOnctivo .^,oTh or 7-urropgr materials. TH City' of is A1C: Juan n"_ -..strano, by any of its appropriate offmc._s, may at its option and at any time retain out of any amounts due the Cautracic s Liris sufficient to pay laborers and metbauius employed on the work the difference between the rete of wages required by this contact to be paid and rate of Triages actually paid to such laborers and mechanics, if less than that specified, and to recover any other unpaid claims, 1-9.05 Exton :'''OVY Now SDI UnTOYOP20" EV ilOO is Muni S::'._f. i.�:nvy or destrablo f0c the Sri .S..:Iac Lor y COUPOOTOD cc the work, will La claasp as extra as well us work spocificaVy designated as such in th3 plans or specifications. is c',outractor shall do such e,-tra wor3, and f"rni2h material aW equipment therefor as directed by the Engineer in writing. No extra work will be paid for or allowed -58- unless the same was done upon written order of the Engineer and after all legal requirements have been complied with. The Contractor agrees that he will accept as full compensation for extra work, so ordered, an amount to be determined by one of the following methods: 1. Unit prices as stated in the proposal when determined by the Engineer that such work is covered by any of the various items for which there is a bid price or by a combina- tion of such items. 2. P. price mutually agreed upon in writing by the Engi.noor and Contractor. 3. Force account as hereafter provided. All extra wort: shall be adjusted daily upon report sheets prepared by the Engineer, furnished to the Contractor and signed by both parties. Said daily reports shall thereafter be considered the true record of all extra work done. The decision of the Engineer as to whether extra wort_ has in fact been performed shall be conclusive and binding upon both parties to the contract. 1--3.06 Force Pecount When axtra worn Q tc be pain for an a force account l:,r.,sls, co61"; on ation will be ontel'kY.jAco a5 S:ol.lown: 1•--3.C•. 0 Materials A sum equal to tb: actual cost to the Contractor of the materials furnished by him, as shown by his paid voucAer s, plus fifteen percent (15%) Only materials intorp<i]:nted in tie work stall _ be paid for. ThaCity rnservos the _. r. £, tx1. to furnish such watcrivis as it dwomu advinalle, nd the contracto.-, shah i'_:: vo so (.....,i _... for costs cr profit on such materials. The actual wages paid as shown on (. ortiNed copies of Contractor's payroll, for all labor directly engaged in the work and including the cost of any compensation insurance rcr by the Contractor, subsistence tence and travel allowance paid to such workmon as required by collective bargaining agreements plus fifteen percent (15%). -59- 1-9.06.3 Rquinment ,Enui.pment will be paid for as a rental charge whether owned by the Contractor or not, and said rental rates prevailing in the City for comiiarable equipmcl7t will be paid by the City plus fifteen percent (157). No payment wi.11 be alloceJ for the use of small tools and minor ii;oms of equipment which, as used here-i_n, are defined as individual. 'tools or pieces cT cgnJ-pment, having a replacement valuu� of fifty dollars ($50) each or less. It is mutually agreed that the fifteen percent (15`k) which is added to the respective costs is full. compc:,t--.a.tion for all other items of expene,e, in.cluds"ng overinead, supe•rinLendence, use of small 't :•.els, other insurance alid profit. 1-9,07 Fi11a.l Payment. When the Contlractor has satisfactorily completed the work hr. shall ;•equest a filial inspec cion be made by the Engineer ).s soon ae pra.ct;cal. Upon completion of the final. inspection a.nd complet.:icl7 of requested coxrecti_on.s, ;if any, the Contr,tetor shall prepare • Cl; ::"7IIt., o.- final payn,- it af3 bei:. on cert1-f J'a,1 weiglml:ks-te-ls t)!:, r'"til fGaF.tt3-and/or field Ir'iea;711:TF?Ihop`_1L`Si and then arra,,go 5, moc�ting 'wi th "t lle Zi�n.g:gin �'8 i' -'a reso lv'! a Liy d?.f �c'�"B IIGC' tiiai, Til' !v Ovist„ Upon iigr•ea,ieut as to gL7t of "t i, G' V C"'-Ut.„ ite,:os of wo),k doiin ai)d a rtn oved clan} -e. Grdel'„ ^,lid%Ul' Oxt:ca PTOrY aC;c(:mpl 6-1('- Ool7';Xactolc shall 17:'['J 1:R."L"e and S11bm.it hi^ final to th.o Ci_'t;y J", i;r:i nli.cate. The Ci..ty shall.. pay the ei')A(Jre suio so ('!:itl'id to be due after cieductLlig thCrefrom o.l,, prev"_olio pE: y,,,,lin.ts and a,(A. amounts to be retained under, the pro'Tisions of the con'Lract:, All prior progress estimates, a;.)d payments shall be s'ub„ect to correction i.i'the final estimate and Payment. he filial pa.yl "-nit of the monies retained she; -11 l.aot br, Fhae• un-il the e:.p:2..4a'I Lon of ""'5" d-,yL, Vi"011l !,'he daIL-e of ii -ling., in thu riff Y.c'? of the (',our-tj% }ie C.,:,. 1'i3.]r, the Notice ci C.oi^jJ1E?t LGn of, '{;.'•,E> Vi a7 r'.S. by the i;'. {"jr . No O•nrtif , cate i '.von or i acopt, they final Ce?"!: '.i J. t.'.a 0 :C:,.1:x1"C, s:la._;.l fie CC>n:5 "lls iv? evidt:i]L'.f) o1: the p rt0.'.'i;;a7lc;e of the cCli11::L-Lct, wlletn,33' wh(JIly or in p; .^t,. NO or shall I. -,e con,iI-ue(.`,, to be as ;:,cceptance c) F any defe<:,ti-ve War?c or improp1,,l, matori,als. d60-- 1-10 LABOR AND MATERIAL BOND The Labor and Material Bond shall be expiration of thirty-five (35) days filing, in the office of the County Notice of Completion of the work by no claims have been made against the -61- released at the from the date of Recorder, the the City, providing Contractor.