1976-0721_CAPPELLO COSNTRUCTION COMPANY_Contract gX 120 5?s 552
WHEN RECORDED RE*1NO 32382 DOCi*NTARY TRANSFER TAX -
MAIL TO: REQUESTED Sy NO TAX DUE
City of San Juan Capistrano FTEXEMPT
Office of the City Clerk C8 1�
32400 Paseo Adelanto -Mary Ann ' nov r, City Clerk
San Juan Capistrano, CA 92675 San Ju 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
Cappello Construction Company, 26811 Lariat Circle, San Juan
Capistrano, CA 92675, who was the company thereon for doing the
following work to wit:
CAMINO CAPISTRANO & AT&SF RAILWAY SEWER
RECONSTRUCTION IN THE CITY OF SAN JUAN
CAPISTRANO
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 19th day of January, 1977, by
Resolution No. 77-1-19-1.
That upon said contract the Ohio Casualty Insurance Company was
surety for the bond given by the said company as required by law.
Dated at San Juan Capistrano, California, this 20th day of January ,
1977.
G{/
ary Ann nove , 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 that under penalty of perjury, 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
County Recorder of Orange County by said City Council.
,Dated at San Juan Capistrano this 20th day of January, 1977.
ary nn over, City Clerk of
{y
the City .of San Juan Capistrano
RECORDED IN OFFICIAL RECOI'1DS
I�C 4 r L' OF ORANGE COUNTY, CAUFORNIA
5 a'st 11 A Al JAN 2d ,977
!• W111F Ga+,LYLE County recorder
/i7
c.
' CONTRACT
This contract is made and entered into by and between the CITY
' OF SAN JUAN CAPISTRANO, hereinafter referred to as City and
� Ec�a ��nlctsexT�0� l '�7• hereinafter referred to as CONTRACTOR.
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
' FIRST. CONTRACT DOCUMENTS. The contract documents shall be
considered to include the Notice Inviting Bids, the Instruction to
' Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit,
the Designation of Sub-Contractors , the Contract which is prepared
' for execution by the City and the Contractor, plans, specifications
and special provisions , contract bonds , resolutions adopted by the
City Council pertaining to the work, insurance policies and certi-
ficates, and any supplemental written agreements amending or extending
the scope of the work originally contemplated that may be required
' to complete the work in a substantial and acceptable manner.
SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor,
material, equipment, transportation, and supplies necessary to
perform and complete in good and workmanlike manner the construction
' of
Specifications and all other contract documents , which documents
' are on file at the Office of the City Clerk, City Hall , 32400 Paseo
Adelanto, San Juan Capistrano, California.
THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept,
the lump sum adjusted for variations of quantities, at the prices
' designated in bid proposal at the time and in the manner set forth
in the Specifications .
' FOURTH. COMAIENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees
to begin and complete the work within the time specified in the
Notice Inviting Bids . It is agreed that it would be impracticable
' and extremely difficult to fix the actual amount of damages , and
loss sustained by CITY, should CONTRACTOR fail to complete the work
-15-
A
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.
' FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. contractor
agrees to furnish bonds guaranteeing the performance of this contract
' and guaranteeing payment of all labor and material used under this
contract, as required by the laws of the State of California, on
' forms approved by CITY. The Performance Bond shall be for an amount
not less than One Hundred Percent (1007o) of the amount of this
' contract and shall be conditioned on full and complete performance
of the contract, guaranteeing the work against faulty workmanship
' and materials for a period of one (1) year after completion and
acceptance. The Labor and Material Bond shall be for an amount not
' less than One Hundred Percent (1007o) of the amount of this contract
and. shall be conditioned upon full payment of all Labor and Material
entering into or incidental to the work covered by this contract .
' CONTRACTOR agrees to furnish the bonds on the forms found within
the Specifications .
SIXTH. GENERAL 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, for each craft, classification or type of workman
needed to execute the contract, have been determined by CITY, in
Resolution No. 75-5-7-3 which is on file at the office of the City
' Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano,
California, and is hereby incorporated herein and made a part
hereof. CONTRACTOR agrees that he, or any SUB-CONTRACTOR under
him, shall pay not less than the foregoing specified prevailing
rates of wages to all workmen employed in the execution of the
contract.
' SEVENTH. INSURANCE. CONTRACTOR agrees to carry Public Liability,
Property Damage and Workmen' s Compensation Insurance in amounts as
' required by the Specifications.
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r _ a
EIGIITH. COMPLIANCE WITH OTHER PROVISIONS OF LA RELATIVE TO PUBLIC
1 CONTRACTS. CITY is subject to the provisions of the Government Code
and the Labor Code of the State of California. It is stipulated
1 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
1 herein and shall be complied with by CONTRACTOR. These include,
but are not limited to, the stipulation that eight (8) hours labor
1 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
1 of-,the provisions of Article Three, Chapter One, Part Seven, Division
2 of the California Labor Code, except as permitted by law.
iIN WITNESS WHEREOF, this contract is exeLated by the duly
1 authorized agent(s) of CITY, pursuant to Council action, and by
CONTRACTOR on the date set before the name of each.
1 DATED: ��� y �/� / �J/� CITY OF SAN JUAN CAPISTRANO
1 BY
OR
CITY CLE K
1
1 DATED: J y Z6, If7L CA4,0ELLo &msyRKTIDAI Co .
CONTRACTOR
1 BY
1
1
1 -17-
1
AGENDA ITEM January 19, 1977
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Final Report and Notice of Completion (Sanitary
Sewer Reconstruction)
SITUATION:
Council may recall that this item was held over from the January 5th
meeting. The City had not received from the contractor certification
of delivery for the cast 216 lineal feet of 121' P.U.C. sewerline as
of the Staff submittal date. All administrative details are in order
at this time, therefore, the addition of 216 lineal feet, as shown
on the revised progress payment is submitted for your approval.
In accordance with the plans and specifications of the subject project,
Cappello Construction Company has completed said project and has
complied with all regulations of the AT&SF Railway Company.
Current Payment Status :
Total project costs $44,923 .00
Less 10% retention 4,942.30
Total due to date 40,430.70
.Previous progress payment 33,278.40
$ 7, 152.30
FINANCIAL CONSIDERATIONS:
The budgeted amount for this project is $53,800.
ALTERNATE ACTIONS:
1 . Delay acceptance and payment to the contractor.
2. Refer to Staff for additional information.
3 . Approve acceptance and payment as described above.
RECOMMENDATION:
By resolution, determine that the work has been completed in accordance
with the contract documents and declare the work to be accepted and
direct that within ten (10) days from the date of acceptance, a Notice
of Completion be filed with the Orange County Recorder, and determine
the total amount of work performed under the contract is $44,923 .00.
By motion, direct Staff to make payment to Cappello Construction Co.
in the amount of $4,492.30, upon expiration of thirty-five (35) days
from the filing of Notice of Completion.
,Resp ct ully s itted,
W. DD.
WDM: DB:: rm
Attachment F CITY COUNCIL AGENDA ... .... .
• # Fro
RESOL0TION NO. 77-1-19-1
COMPLETION OF CAMINO CAPISTRANO & AT&SF
RAILWAY SEWER RECONSTRUCTION
A RESOLUTION OF THE CITY COINCIL OF THE
CI'T'Y OF SAN JUAN CAPISTRANO. CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO
PLANS ANI; SPECIFICATIONS FOR THE CON-
STRUCTION OF TAH' CAMINO CAPisTRANO &
AT&SF RAILWAY SEWER RECONSTRICTION
The City Council of the City of San Juan Capistrano
does hereby resolve:
WHEREAS, on the 18th day of August, 1976, the City of
San Juan Capistrano entered into a contract with Cappello
Construction Company for the construction of the Camino Capistrano
& AT&SF Railway sewer reconstruction; 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 I . 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 $$�2'.I—.00.
SECTION 3. That the work is hereby accepted and approved.
SECTION 4. It is further ordered that a "Notice of
Completion" be filed, 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 19th day of
January , 1976, by the following vote, to wit:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
i
DOUGLAS B.-`NIASH, MAYOR
ATTEST:
I
i I
\y
CITY CLERK
I
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRINO )
i
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a ' -
true and correct copy of Resolution No. 77-1-19-1 adopted by the
City Council of the City of Sit) Juan Capistrano, California, at a
regular meeting thereof held on the 19th day of January , 1976.
i
(SEAL)
MAIN ANN HANOCER, CITY CLERK
i
-1-
COSTRACi P2 MS REPO: T \O, Final '
Prc9 November 4, 1976 To November 15, 1976
co-tract No 3G49-r3 OriE=zna1 Contract Y n _
. .._ac actP'icc:. _._'_'.2.P. ,, _. . . e Sart_ -
Pzojcet NO Description Carino_Cacistr-ino E A?8SF RR Scwcr Rsccnstrrti_n_- - — _Date Cc o1et_c7i _i5
Contractor C iic Cc tr;Cti Address 26211 LariFt Circle,Sa,,_—_---ist 'o, C:._—�— 7c
_ I - _ 1I Ss Ci.eatcd Quactity ! Previous Qua❑.:y — —
Des_rintion I I unitI IOuar, iLy
_.�_.._ i-
_r . rp LS 1 -Co p I_ -0 100 --i1 10_0 — ! —
4 4
7�r I ,�
-cir i rr,^r m 1 F 7,0 j �1 -O- 1 11 ,30
4
=-- .
c _
-
.— _r_ ._ _ I I , c'.o I I-1=o- � _ I ' loco j
_
F 1 ,Jen i !i_ 216 S64 I_i 10180 —1 1 1
L7J � �C i _
1. =nr 1_ Li L72 I -o- i 472 ! _ _72
_ I I I i- -- I I I i, i - - -:
Change
•e Order No. 1 T1 LS 11 685.100 i 1-1 _-6.55_ i JO
_
! Chanae OrderNo. 20_ .-
1I
1
,. � D.etc: /i T'o:a:. Ccrstr�ctica Cos:s to Date - _
�26� Zess ?G% 3atea t.on' _
Ch2_.._., Dy -" D 'n• U )6 _.,,.al Due to Date
a .
..��_„r-c ..y:�'r �,.!,n�4. ;',: . t,.e�:�23%ece: I,2- �/—/97� Previous Payment
----
Co o r J � Balance Due - _j �.
6;pro•✓ed By: P.nnzoved Bv: .
City G..^.VinCer DircCrks
1-/ -q
AGENDA ITEM January 5, 1977 a
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: FINAL REPORT AND NOTICE OF COMPLETION (SANITARY SEWER RECONSTRUCTION)
SITUATION:
Council may recall that this item was held over from the December 15 meeting due to
illness of the AT&SF Railway Company Inspector, and a time extension was requested
and granted. Since then, all work has been accepted by the Railway Company and is
in conformance with their rules and regulations.
In accordance with the pians and specifications of the subject project, Cappello
Construction Company has completed said project and has complied with all regulations
of the AT&SF Railway Company.
Current Payment Status:
Total project costs $40,171 .00
Less 10% retention 4,017.10
Total due to date 36,153.90
Previous progress payment 33,278.40
$ 2,875.50
FINANCIAL CONSIDERATIONS:
The budgeted amount for this project is $53,800.
ALTERNATE ACTIONS:
1 . Delay acceptance and payment to the contractor.
2. Refer to Staff for additional information.
3. Approve acceptance and payment as described above.
RECOMMENDATION:
By resolution, determine that the work has been completed in accordance with the contract
documents and declare the work to be accepted and direct that within ten (10) days from
the date of acceptance, a Notice of Completion be filed with the Orange County Recorder,
and determine the total amount of work performed under the contract is $40,171 .00.
By motion, direct Staff to make payment to Cappello Construction Company in the amount
of $4,017.10, upon expiration of thirty-five (35) days from the filing of Notice of
Completion.
Respectfully sb mi ed,
W. b. Murpry
Attachment
FOR CITY COUNCIL AGENDA .... /
AGENDA ITEM December 15, 1976
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: FINAL REPORT AND NOTICE OF COMPLETION (SANITARY SEWER RECONSTRUCTION)
SITUATION:
In accordance with the plans and specifications of the subject project, Cappello
Construction Company has completed said project.
Current Payment Status:
Total project costs $40,171 .00
Less 10% retention 4,017. 10
Total due to date 36,153.90
Previous progress payment 33 27$.40
$ 2,875-50
A request for time extension has been submitted by Cappello Construction and is
attached for your approval . The request is based on additional requirements and
inspections by the ATBSF Railroad of the subject project.
FINANCIAL CONSIDERATIONS:
The budgeted amount for this project is $53,800.
ALTERNATE ACTIONS:
1 . Delay acceptance and payment to the contractor.
2. Refer to Staff for additional information.
3. Approve acceptance, payment and time extension as described above.
RECOMMENDATION:
By resolution, determine that the work has been completed in accordance with the
contract documents and declare the work to be accepted and direct that within ten
(10) days from the date of acceptance, a Notice of Completion be filed with the
Orange County Recorder. Approve the time extension as submitted by Cappello
Construction Companytand determine the total amount of work performed under the
contract is $40,171 .00.
By motion, direct Staff to make payment to Cappello Construction Company in the
amount of $4,017. 10, upon expiration of thirty-five (35) days from the filing of
Notice of Completion.
R.espectfully submitted,
I ,
W. D.urphy '
WDM:DB:cj
Attachment
FOR CITY COUNCIL AGENDA .... ... /
Ghan&c Order Pio. 2_ _ r. Beginning Contrft Date 8/18/76
Date November 15, 1976 Contract Amount $ 42,238.00
Project No.--, 8099-03 previous Change Orders $ 685.00
Location Camino Capistrano b AT&SF This Change Order $ -0-
Railroad Sewer Reconstruction Adjusted Contract $ 42,923.00
Item Decrease In Increase In
No. Description of Changes Contract Price Contract Price
1 Extension of 45 calendar days for the —0-
completion of- work due to additional
requirements and inspections by AT&SF
Railroad
Change In Contract Price Due to This
Change Order $ $ -0-
Net Chane In Contract Price �S -0-
TIME SCIiEDULF: ACCUTANCF : DATE:
Total Contract Days 63 Accepted by : !eK6z"-,�
CAPPELLO CONSTRUCTION
Amount Prior C.O. (s) -0-
F.ccomni:nded by : � �% .cam �� z �
Amount This C.O. 45 Les j/c.-obs
City Inspector
Adj11sted Contract Days 108 Approvcd by
W. D. Murphy
ide�4 Date of Completion 12/28/76 Director of Public Works
AGENDA ITEM July 21, 1976
TO: James S. Mocalis , City Manager,
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Award of Contract for Sanitary Sewer Construction,
Camino Capistrano/AT&SF Railway
SITUATION:
Bids were opened for the subject project on July 9, 1976. The
low bidder was Cappello Construction Company of San Juan Capistrano.
Upon award of the contract, construction should commence in early
August and be completed by mid-September.
FINANCIAL CONSIDERATION
A tabulation of the bids is enclosed which indicates the three
bids submitted for the project. The low bid is less than the
engineer's estimate, and sufficient funds have been encumbered
from the 1975-76 budget to finance the project . The low bid was
$42, 238, and the bid summary appears below.
Bidder Total Bid
Engineer's Estimate $43, 100
Cappello Construction Co. 420238
Steve Bubalo Construction Co. 43, 260
Henson Construction, Inc. 81,947
ALTERNATE ACTIONS
1 . Award the contract.
2. Do not award the contract .
3 . Direct Staff to readvertise the project .
RECOMMENDATION:
By motion, ccept a bid of $42,238, reject all other bids, and
authorize e ' or to execute the contract with Cappello Con-
struction Company.
Respectfully submitted,
J�
Imo. �: .,Q✓✓✓►►►
W. D. M 1
WDM:GML:rm I /
Encl. FOR CITY COUNCIL AGENDA .....
RID OPENING Tey• 9 ����
11 : 00 ANN
..SA,birAreY s�u/r� .PEroysr�Pt�rioc/
J
BIDDER - . AMOUNT .
Cern a COQ.
Ob . l
t>CA 3
' NOTICE INVITING BIDS
' Public notice is hereby given '- hat the City Council of the
City of San Juan Capistrano will up to 11 : 00 A.M. on the 9th day
of July 1976 , receive sealed proposals or bids for the con-
struction of Camino Capistrano and AT&SF Railway Sanitary Sewer
Reconstruction, in accordance with the approved plans and specifi-
cations 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 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 be received unless it is made on a proposal pro-
vided 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 6th
' day of July 1976, 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
be 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 ,
specifications , and contract documents presented to the bidders in
any manner.
BIDDERS ARE HEREBY NOTIFIED THAT, pursuant 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 classification or
type of workman needed to execute the contract for said work which
contract will be awarded to the successful bidder. The general prevail-
ing 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. 75-5-7-3 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 of file in the office of
' the City Clerk of San Juan Capistrano, 32, P seo 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 Specifications .
' 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 19th day
of May 1976,
1
' C Ae�
CITY CLERK'
CITY OVISAN JUAN CAPISTRAN0
ORANGE COUNTY, CALIFORNIA
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 (100/0) of the contract
price and a labor and materials bond equal in amount to one hundred
' percent (100/0) 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 63 consecutive calendar days has been set for
' the completion of the work, from the date of execution of the
contract .
1
1
1
1
1
' -3-
-� • Form 1617-B Standard •
(Auwo..a by aemn)so6e)ro.)
LICENSE BJ-70112
THIS LICENSE,Made as of the_.._..—_1st------------------_—_day of_.._ June + 76 �
19...
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
a....._ .Delaware..............................—..._ .....corporation(hereinafter called"Licensor"),
CITY............OF SAN JUAN CAPISTRANO - -----------•--•--......_.........--------------------------- .....................
and...................... . . ..•--•-••--•-------•------_......._....._...._. _
The._.-------w—het-hero...__._.....--.----------_'n'sm..-_ .-..._.-.—...........-------—-----------------•------+
(hereinafter, ne party or more, called "Licensee").
WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as
follows:
1. Licensor hereby licensee Licensee to use, subject to the rights and easements hereinafter excepted and re-
served and upon the terms and conditions hereinafter set forth, the land (hereinafter called "Premises") situated at
San Juan Capistrano Orange
or near......__..... Count of ___.....—... ...—...........
-.... ,
California 601-33956
State of.................. ,outlinedi¢red-eeleriw�on the print hereto attached,No. .__�..,
dated.._...... May 5, 1976 ,marked"Exhibit A"and
made a part hereof, for a term beginning on............. June 1 , 19 76 , and ending when
this license shall be terminated as hereinafter provided.
2. Licensor hereby excepts and reserves the right, to be exercised by Licensor and by any others who have ob-
tained or may obtain permission or authority from Licensor so to do, (a) to operate,maintain,renew and relocate any
and all existing pipe, power, and communication lines and appurtenances and other facilities of like character upon,
over or under the surface of the Premises; and (b) from time to time to construct, operate, maintain, renew and
relocate such additional facilities of the same character as will not unreasonably interfere with the use of the Premises
by Licensee for the purpose specified in paragraph 6 hereof.
this license a fee in
3. Licensee shall pay to Licensor as compensation for the sum of
One Hundred Fifty and No/100--------------------------------- 150.00------
--------- -- — Dollars ($---- -- ---)
per -"able in adi—ee: Said eampensabien nhad! be subject herevision eb !Hve (6) lent
---- -------->
ia6erwale,
the right to use any improvements now on the Premises shown or described on said Exhibit A as"L' xiating
Improvements." Such improvements, if any, together with any other improveme r placed upon the
Premises by or for account of Licensee are hereinafter called "improveme
5. Licensee shall pay before the same become delit axes, charges, rates, and assessments which may,
during the term of this license,be levied u o se against, or be equitably chargeable to or assessed in respect
of the Improvements; and whergAarwCEFtax, rate, charge, or assessment may be embraced in the general amount
of taxes charged u remises separately or in connection with other property of Licensor and Licensor shall
pay all es, then Licensee shall promptly repay or refund to Licensor the amount or part of the tax, charge,
6. Licensee shall use the Premises exclusively as a site for--encroachment while making installation.... ..................
of twelve-inch sewer line
....--------.i-o----•------------------•--------••---•---l------------•--•---------..........__--e----•-------.......--- ----------------------------------------...l'i --•
the object of Licensor being to facilitate the convenient operation of the railroad, telegraph and telephone lines of
Licensor,and the transaction of business thereon. In case Licensee shall use the Premises for any other purpose what-
ever than above mentioned, then Licensor may declare this license at an end and prevent Licensee from using or re-
maining upon the Premises, with or without process of law. Licensee shall not have the exclusive possession of the
Premises as against Licensor.
7. Licensee shall keep and maintain the Premises and Improvements in such safe,sanitary and sightly condition
as shall be satisfactory to Licensor, and, if
app ii-Fed by ;and if Licensee fails or refuses within fifteen (15) days after receipt of any request by Licensor
so to do, Licensor may, at its option, perform such work, and in such event Licensee shall within thirty (30) days
after the rendition of bill therefor reimburse Licensor for the cost so incurred.
8. In using the Premises, and in constructing, maintaining, operating and using the Improvements thereon,
Licensee shall comply with any and all requirements imposed by federal or state statutes, or by ordinances, orders,
or regulations of any governmental body having jurisdiction thereover. In the event the Premises or Improve-
ments shall be used for the loading, unloading, storing, or otherwise handling of any petroleum products, Licensee
shall comply with all regulations and recommendations from time to time promulgated by the Bureau of Explosives
of the Association of American Railroads,or any successor agency. All artificial lighting in pump houses,warehouses,
or other enclosures upon the Premises,where oil or other inflammable fluid supplies are handled or stored by Licensee,
except in unbroken original containers, shall be electricity, and such electrical installation and any other electrical
installation upon the Premises shall at all times conform to and be maintained in accordance with the provisions of
the then current edition of the National Electrical Code with respect to Class I hazardous locations. Licensee shall
promptly pay and discharge any and all liens arising out of any construction,alteration or repair work done,or suffered
or permitted to be done, by Licensee on the Premises, and Licensor is hereby authorized to post any noticed or take
any other action upon or with respect to the Premises that is or may be permitted by law to prevent the attachment
of any such liens to the Premises;provided, however, that failure of Licensor to take any such action shall not relieve
Licensee of anv obli ation or liabilityunder this or an o e ar a hereof.
9 5 feet froTrack No. 4 an riSp I- rom main
9. Licensee shall at all times keep a space of track entirely clear
of structures,material and obstructions of every sort and shall observe an overhead clearance of not less than twenty-
five (25) feet above the top of rail; but, nevertheless, Licensee may erect loading platforms which shall not be more
than three (3) feet and six (6) inches higher than the top of the rails, and which at no point shall be nearer than four
(4) feet to the nearest side of the head of the nearest rail of such track; provided, however, if by statute or order of
competent public authority different clearances shall be required, then Licensee shall strictly comply with such
statute or order.
10. Licensee agrees to indemnify and save harmless Licensor against all loss,damage or expense which Licensor
may sustain, incur or become liable for, including loss of or damage to property or injury to or death of persons
and fines or penalties imposed upon or assessed against Licensor, arising in any manner out of (a) the use of the
Premises or Improvements by Licensee, (b) any breach by Licensee of the terms, covenants or conditions in this
instrument contained, or (c) the sole or contributing acts or omissions of Licensee or the employes, agents, patrons
or invitees of Licensee in, on or about the Premises or Improvements, except that if Licensor shall participate in
any such contributing acts or omissions, then the loss, damage or expense arising therefrom shall be borne by the
parties hereto equally.
11. Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any subsequent
assignee, shall transfer or lease the Premises or the Improvements, or any part thereof, nor assign or transfer this
license or any interest herein, without the written consent and approval in each instance of Licensor.
12. In case of the eviction of Licensee by any one owning or claiming title to or any interest in the Premises,
Licensor shall not be liable to Licensee for any damage of any nature whatsoever, or to refund any compensation
paid hereunder, except the proportionate part of any compensation paid in advance.
13. If any compensation hereunder shall be due and unpaid, or if default shall be made in any of the covenants
or agreements of Licensee herein contained,or in case of any assignment or transfer of this license by operation of law,
Licensor may, at its option, terminate this license by serving five (5) days' notice in writing upon Licensee; but any
waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this license for
any subsequent default or defaults.
14. This license may be terminated at any time by either party upon thirty (30) days' notice in writing to be
served upon the other party,stating therein the date that such termination shall take place, and upon the expiration
of the time specified in such notice this license and all rights of Licensee hereunder shall absolutely cease and de-
termine;but upon any such termination Licensee shall be entitled to have refunded by Licensor a proportionate part
of any compensation paid in advance.
15. Any notice to be given by Licensor to Licensee hereunder shall be deemed to be properly served if the same
be delivered to Licensee,or if left with any of the agents,servants or employes of Licensee or if posted on the Premises,
32400 Paseo Adelanto,
or if deposited in the Post Office, postpaid, addressed to Licensee at..-................................-..-_..........................................
San-Juan Capistrano, California 92675 _
16. Upon the termination of this license in any manner herein provided, Licensee shall forthwith surrender to
Licensor the possession of the Premises and shall remove the Improvements and restore the Premises to substantially
the state in which they were prior to the construction of the Improvements, and in case Licensee shall fail within
thirty (30) days after the date of such termination to make such removal or restoration, then Licensor may, at its
election to be exercised within thirty (30) days thereafter,either remove the Improvements and restore the premises
for the account of Licensee,and in such event Licensee shall within thirty (30) days after the rendition of bill therefor
reimburse Licensor for the cost so incurred, or may take and hold the Improvements as its sole property.
i
CANCELLATION AND SURRENDER.
The parties mutually agree that the foregoing license is hereby cancelled as of the.._--------.-----------------------
day of---------.-----------..............------..._., 19__.__, and the premises therein described surrendered to the Licensor.
Datedthis-------------------------- -------clayof---------------------------------------- 19----------
------------------------------------
-------•-------------------------------------------------------------------------------------------------------------------------------......-....RAILWAY COMPANY,
{ By----------------------------------------------------------------------------------------
1
Its.--.....................------------------._................---
------------..........-----------......--.......... ...-------.........------------......---•........................................................
(Licensee.)
li
1
of �
9s z
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V
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E
LL n v� 1
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i
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i
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� `a3
d
17. If Licensee fails to surrender to Licensor the Premises,upon any termination of this license,all the liabilities
and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered;and no termination
hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting
from any acts,omissions or events happening prior to the date of termination or the date,if later, when the Improve-
ments are removed and the Premises restored or Licensor elects to take and hold the Improvements as its sole property
as bereinabove in paragraph 16 provided.
18. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee
herein contained shall be the joint and several covenants and agreements of such parties.
1% All the covenants and agreements of Licensee herein contained shall be binding upon the heirs,legal repre-
sentatives, successors and assigns of Licensee, and shall inure to the benefit of the successors and assigns of Licensor.
Attached hereto and made a part hereof is Rider "A" identified by the signature
of J. H. Schwartz.
IN WITNESS WHEREOF, This license has been duly executed in duplicate bythe parties hereto as of the
day and year first above written.
THE- ATCHISON.-TO EM_M)._5 MA,_M._MIINM_.COMPANY------._(Lioensor).
Approved as to description: B ...... - ----------
-•--•-------•--•_-------
Its.-_�u�_.�.w✓�f 'onisadr
......................-------....._...................
Chief Engineer.
CITY OF SAN JUAN CAPISTRANO
B
Its ayore
.........(Licensee).
(Attach print here.) "!
R I D E R "A"
RIDER to license agreement dated _ _ Jtme 1 , 197 6
between THE. ATCHISON, TOPEKA AND SANTA FE RAlLNAY COMPANY and
CITY OF SAN JUAN CAPISTRANO
20. Licensee will perform work to the :satisfaction and at
no expense to Licensor on Licensor's property and reimburse Licensor
for any inspection fees considered necessary by Licensor.
21. Licensee agrees to furnish and keep in force or arran_c
to have furnished and keep in force insurance of all kinds and amounts
specified below during the period of operation on Licensor's Premises .
(a) Licensee shall, with respect to the operations which it
performs upon, beneath or adjacent to Licensor's right of
way and/or track, furnish or arrange to have furnished (i)
regular Contractors' Public Liability Insurance with limits
of not less than Five Hundred Thousand Dollars ($500,000) for
all liability arising out of bodily injuries to or death of
one person, and, subject to that .limit for each person, One
Million Dollars ($1,000,000) for all liability arising out of
bodily injuries to or death of two or more persons in one ac-
cident or occurrence and (ii) regular Contractors' Property
Damage Liability Insurance with limits of not less than One
Million Dollars ($1,000,000) for each occurrence for all lia-
bility arising out of damage to or loss or destruction of
property. Licensee and all its contractors and subcontrac-
tors shall be named insureds either in a single policy of in-
surance complying with the requirements of this subparagraph (a)
or in separate policies maintained during such periods as
such contractors and/or subcontractors shall perform any work
hereunder. The policy or policies insuring Licensee shall in-
sure Licensee's contractual liability in favor of Licensor
contained in paragraph 10 of the printed provisions of this
license.
22. Licensee agrees to furnish or arrange to have furnished
to Licensor certificates reflecting the insurance coverage or certified
copy of insurance policy, if requested by Licensor, as required by sub-
paragraph (a) of paragraph 21 hereof. Certificates reflecting the
coverage required by subparagraph (a) shall unqualifiedly require thirty
(30) days' written notice to Licensor of cancellation or modification of
the insurance referred to in such certificates.
23. Licensee shall not be permitted to exercise the license
and permission granted hereunder until notified by Licensor that in-
surance furnished pursuant to paragraph 21 hereof is satisfactory.
Identified by_ _11rV ;
1
EXHIBIT "A" - -
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
C/ TY OF SAN ✓VAA/ CAP/STRAAIO
0
LOS ANGELES, CALIF J. G. FRY
MAYS , /976 A.G.M. -ENGINEERING y4j
C
SCALE: I IN. TO /00 FT. 4
FOURTH DISTRICT
--To Fu«ERro.v TO NA T.'O N-0c.
SAN ✓VAN CAPIStRANo 0i/e*Nt+T M¢.n Trst. AT. S.F. R .Ce. 'eS SeRRA NEXT S'TAT16/
So, .25iBo,T Ye'
f. Races stYuc hen 45
.E.'Errd Opp.E.S. /3 92 t 49Z
M.P. /97*3998.9 '
AREA OVER WN/CH R/G,yr 0,= ZvrRY
PE'R/�'J/ T"T�.O SNOL1/N Sh1A�f:t7.
TUSf b¢ in4n/¢ 'nld.
1
A7' SAN ✓t/A1N G +.f+/STRANOj - ( F r I r)PAWINC: N(1
• • *fflcl
AGENDA ITEM July 7, 1976
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: AT&SF License Agreement For Sanitary Sewer Reconstruction
SITUATION:
It shall be necessary to encroach into the railroad right-of-way
to construct the replacement 12 inch sanitary sewer behind the
Spaulding Equipment Company, San Juan Builders Supply, and the
U. S. Post Office building. The necessary agreement with the
railroad is enclosed. The plans and specifications are being
advertised at this time and bids shall be opened on July 9, and
the execution of this agreement is necessary prior to commencing
construction.
This project indicates the reasoning behind the requirement of
20 foot wide sewer easements in the Land Use Management Code.
The sewer to be replaced is in a ten foot easement, and it is
virtually impossible to conduct sanitary sewer construction in
such a confined area. In order to provide sufficient space,
authorization to encroach into the railroad right-of-way is
necessary.
FINANCIAL CONSIDERATIONS
The City of San Juan Capistrano shall be required to pay the rail-
road $150 for the license fee and all inspection costs incurred by
the railroad. Alternate designs were considered and the additional
costs of relocating the sewer to Paseo Adelanto was estimated to
be $11,000. It is estimated that the costs of railroad inspectors
will not exceed $500 which makes the total estimated cost of en-
croaching into the railroad right-of-way less than $650.
ALTERNATE ACTIONS
1. Do not approve the agreement and direct Staff to reject all
bids and redesign the sewer project.
2. Revise the enclosed agreement.
3. Approve the agreement.
FOR CITY COUNCIL AGENDA ...
•
James S. Mocalis, City Manager
AT&SF Agreement
July 7, 1976
Page 2
RECOMMENDATION:
By motion, ppro a he AT&SF Railway License Agreement for
encroachmen w e installing a 12 inch sanitary sewer and
authorize the ayor to execute the appropriate document .
Respectfully submitted,
Com, � ' ,Q
W. D. Mur
WDM: GL: rm
Encl .
( The Ohio Casualty Insurance Company
iM North Third Street,Hamilton,Ohio ISOS
Bw7d No- 1 857 900
LABOR AND MATERIAL BOND
CALIFORNIA-PUBLIC CONTRACT
KNOW ALL MEN BY THESE PRESENTS, that STEVE CAPPELLO & SONS CONSTRUCTION CO
as Principal, and l HL OHIO CASUALTY INSURANCL COMPANY, an Ohio corporation authorized to execute
bonds in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN
CAPISTRANO
as Obligee, in the sum 01 FORTY TWO THOUSAND TWO HUNDRED EIGHT AND NO/00-------------
---------------------------------------------- Dollars ($ 427238.00 )
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally
by these presents.
THE CONDITION of the above obligation is such that, Whereas the Principal on the 12TH day
of JULY, 19 76 , entered into a contract with the Obligee for CAMINO CAPISTRANO
AND AT&SF RAILWAY SANITARY SEWER RECONSTRUCTION FISCAL YEAR 1976.
1
AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY
STATE OF .Calitorn-a.....................................
Los An ales SS.
COUNTY OF ...............�.......................................
On this...271ki....day of.........................................................Ja1.Y...............1 19.167, before me
personally appeared..........D...R...M.2hEr!n.............................................................. Attorney-in-fact,
of The Ohio Casualty Insurance Company, with whom 1 am personally acquainted, who being by me
duly sworn, did depose and say, that he resides in.........Chat&WAS:irh.,...QA..................: that he is the
Attorney-in-fact of The Ohio Casualty Insurance Company, the corporation named in and which execut-
ed the within instrument; that he knows the corporate seal of acid corporation; that the seal affixed to
the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation, and that he signed and executed the said instrument as Attorney-in-Fact of said cor-
poration by like order.
............................. ..
'- " OFFICIAL SEAL
MyCommission e '. .LAURA.A..DISTASD....>. ........ . AJC�,....Qa.:..Q. tF
F, F.— S-170 '- %,a Notary Public - California I Notary Pub,llc.
E °z Los Angeles County
LA.,yCommission Expires July 16,1979 j
F,..,..,, .,.. ....,..�.
CERTID COPY OF POWER OF ATOMEY
THE OHIO CASUALTY INSURANCE COMPANY
HOME OFFICE, HAMLTON, OHIO NO. 13-455
WYWItt All Men by (Xflrap frPornts: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance
of authority granted by Article VI, Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint:
D. R. Meherin or,G. J. Sanden or Marie C. Sanden - of Tarzana, California - - - -
its true and lawful agent and attorney -in-feet, to make, execute, seal and deliver for and on its behalf as surety, and as
its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
ONE MILLION - - - - - - - - - - - - - - - - - - - - - - - ($ 1,000,000.00 - ) Dollars,
excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and Interest thereon
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company.
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly
elected officers of the Company at its office in Hamilton. Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(a)-in-fact.
Gunn i In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty
V�' fie Insurance Company hes hereunto eubacribed his name and affixed the Corporate Seal of the
Wi SEAL said The Ohio Casualty Insurance Company this let day of May 19.75.
3
*'• II (Signed) Richard T. Hoffman
NIIYI�XN `F .....I.................
STATE OF OHIO. S5.
{{{ Assistant Secretary
COUNTY OF BUTLER I
On this 1St day of May A. D. 19 75 before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, tame
Richard T. Hoff]nan, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me
personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknow-
Iedged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate
Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
watte;ll111, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official
4401��?ff $ Seal at the City of Hamilton, State of Ohio, the day and year first above written.
( A %'
.; 1' (Signed) Dorothy Bibee
_ ..................................................
. ......................................
a �a ypAl Notary Public in and for County of Butler, State of Ohio
a0�.......i 0�@"
�rrWamlH 0 My Commission es ires .......D..e...c..e.mber...ji...1S7� r .
This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by
its directors on April 2, 1954, extracts from which read;
"ARTICLE VI"
"Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the
secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-(act
for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge
and deliver any and all bonds, recognizaaces, stipulations, undertakings or other instruments of suretyship and policies of
insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of county or state, or the United States of America, or to any other political sub.
division."
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
Company on May 27, 1970:
"RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint
attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a
power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued
on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal,
to be valid and binding upon the Company with the same force and effect as though manually affixed."
CERTIFICATE
1, the undersigned Assistant Secretary of The Ohio Casualty insurance Company, do hereby certify that the foregoing power
of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true
and Correct copies and are in full force and effect on this date.
IN WITNESS WHEREOF, 1 have hereunto set my hand and the seal of the Company this 27tnfay of��J/July A. D.. 1976
si
M.'
s=: SEAL
N.4* ...6a
� .+ Assistant Secretary
S-4300-C 10-74-3M
0 •
® The Ohio Casualty Insurance Company
136 North Third Street,Hamilton,Ohio 15025
Bond No.._1__�57__900 ___�
PREMIUM: 5422.00
PERFORMANCE BOND
CALIFORNIA-PUBLIC CONTRACT
KNOW ALL MEN BY THESE PRESENTS: That STEVE CAPPELLO & SONS CONSTRUCTION CO
as Principal, and THE OHIO CASUALTY INSURANCE COMPANY, an Ohio corporation authorized
to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF
SAN JUAN CAPISTRANO
as Obligee in the sum of FORTY TWO THOUSAND T.NO HUNDRED EIGHT AND NO/00 -----
-------------------------------
Dollars js42s238.00
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally
by these presents.
THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a contract,
dated JULY 12 , 1976 , with the Obligee
to do and perform the following work to-wit: CAMINO CAPISTRANO AND AT&SF RAILWAY
SANITARY SEWER RECONSTRUCTION FISCAL YEAR 1976.
AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY
STATE OF .....Qat.ilR.rAia.................................
COUNTY OF Los Angeles
. . . . ...............................
On thia..27. hA....day of......................................................... ............... 1976... before me
personally appeared................... •..ATZ...,IQ.hPr.7.A..................................................... Attorney-in-fact,
of The Ohio Casualty Insurance Company, with whom 1 am personally acquainted, who being by me
duly sworn, did depose and say, that he resides in.Sb.,A s KgKXAs,,,PA........................: that he is the
Attorney-in-fact of The Ohio Casualty Insurance Company, the corporation named in and which execut-
ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to
the acid instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation, and that he signed and executed the said instrument as Attorney-in-fact of said cor-
poration by like order.. ...................,....
-+:"1 OFFICIAL SEAL
My Commission ex f'3j� LAURA.A..1)ISTASO.... ......................................................... ��
FormS 110 = S pL� ' Cotary Public - California i Notary Public.
Los A.ngelcs County
f.^.y Cammissioa Ex�i:cs July l"o,1979
' CERTII0 COPY OF POWER OF ATIOMEY
THE OHIO CASUALTY INSURANCE COMPANY
HOME OFFICE, HAMILTON, OHIO No. 13-455
WAww All 9I[en by T#rst f rearms: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance
of authority granted by Article VI. Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint:
Ds R. Meherin or G. J. Sanden or Marie C. Sanden - of Tarzana, California - - - -
its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as
its act and deed any and all BONDS. UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
ONEM[LLION - - - - - - - - - - - - - - - - - - - - - - - ($ lt000,000s00 — ) Dollars,
excluding, however, any bond(@) or undertaking(s) guaranteeing the payment of notes and interest thereon
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly
elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact.
s�lx In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casuals
g Y
Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the
g ' SEAL t said The Ohio Casualty Insurance Company this lst day of May 19 75s
5C;
` (Signed)► Richard T. Hoffman
ii1.
STATE OF OHIO,
Assistant Secretary
COUNTY OF BUTLER SS.
On this let day of May A. D. 19 75 before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
Richard T. Hoffman, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me
personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknow.
ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate
Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
Aetaana'nnav(,% IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official
,,%g03ft ff, Seal at the City of Hamilton. State of Ohio, the day and year first above written.
a:......
»; �. s (Signed) Dorothy Bibee
...................................... ..........................................
V,;, •........
JOS NotaryPublic in and for Countyof Butler, State of Ohio
rfxllff•
�frMa M Commission ez ire. December„g d. 176.
YP ........
This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company adopted by
its directors on April 2, 1954, extract. from which read:
"ARTICLE VI”
"Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the
secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-feet
for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge
and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of
insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of county or state, or the United States of America, or to any other political sub-
division.'
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
Company on May 27, 1970:
"RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint
attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a
power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued
on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal.
to be valid and binding upon the Company with the same force and effect as though manually affixed."
CERTIFICATE
1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power
of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true
and correct copies and are in full force and effect on this date.
IN WITNESS WHEREOF. I have hereunto set my hand and the seal of the Company this 27thay of July A. D., 1976
0.11,
',a1111.fAtry�f'
tWtf s
SEAL �
x7llilM��
MWW11X�x Assistant Secretary
S-4300-C 10-74-3M
• BID PROPOSAL •
For the construction of ADV. DATES;
Camino Capistrano & AT&SF Railway BID DATE;
Sanitary Sewer Reconstruction
CAP
PEUr
To the Honorable City Council ,;sli r-z;irt C
City of San Juan Capistrano From Ban ;Uuar
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 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 to1`a total 'of} ' y y� h(
Vo,�TU M,, „h1. T. Ci,A�ml,.'Utl 4TLA 1L1M lJ 1Yh� w AZ, 23 k, A0
Words 3 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 work
to completion before the expiration of 63 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 submitted by the bidders . In case of discrepancy between words and
figures, the words shall prevail. In case of discrepancy between unit
' prices and the extension thereof , the unit price shall prevail and bids
will be computed as indicated above and compared on the basis of
corrected totals .
The estimated quantities of work indicated in this proposal are
approximate only, being given solely as a basis for comparison of bids.
' It is understood that the City does not expressly nor by implication
1 -4-
' agree that the actual amount of work will correspond therewith, but
reserves the right to increase or decrease the amount of any item or
portion of the work or to omit portions of the work as may be deemed
expedient by the Engineer.
It is also understood by Bidder that the City of San Juan Capistrano
has the right to reject this proposal or to award a contract to the
undersigned at the prices stipulated . If the proposal is rejected,
then 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
i 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 ( insert "$
I cash" , "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 :
M
' Licensed in accordance with an act providing for the registration of
contractors - - License No. iL3ssg SA
r
'Si nature of,-,bidder,,, _
CA'PLLLO CONSTRUCTION'
CO.
2h?t1 ' ariat Circi:�
San =rias Capi�tr:,nc, CA 92
' ( If an individual , so state. If a firm or col-partnership, state the
firm name and give the names of all individual co-partners composing
.the firm: president, secretary, treasurer and manager thereof. )
' Dated: n - c)_ 191L
2Ls11 Lariat eircLe �an ��ah Capstrano
' Business Address
4193- � .81
Phone Number
-5-
' SCHEDULE OF WORK ITEMS
' ITEM APPROX. WORK ITEM WITH UNITS UNIT PRICE TOTAL
NO. QUANTITY (PRICE WRITTEN IN WORDS) (IN FIGURES) AMOUNT
' 1 L.S . Repair 8" V.C.P. Camino
Capistrano for the lump
sum p i,ce of � >Q_ ThoudCcnac�.
D Dollars $ L. S. $ / too- and
' 2 2 EA Rework manholes Camino
Capistrano for the unit
' price of T
d4 j 1)&PF j ,
diCars each manhole- $ 22-50.9D $ 5-00. 60
3 L.S. Abandon 10" V.C.P. Camino
Capistrano for the lump sum /
price of _j Nl wvr,a�a` QxLL
' Dollars $ L. S . $ 7.50-00
c
4 730 Relocate and construct
' L.F. security fencing for the
unit price of
dollars per lineal foot $
5 3 EA Standard 48" manhole in
place for the unit price of
FETA iun
dollars per manhole . $ 1500-00 $ x/.,500'00
6 1,080 Remove existing 12" sanitary
L.F. sewer for the unit price of
' 1.L�
�r
dollars per lineal foot $ ?,O0 $ 2 /b0 •DO
' 7 L.S. Protection of railroad
siding for the lump sum
' price of FAPIM
Dollars .
$ L.S . $ / SDODO
-5a-
ITEM APPROX. WORK ITEM WITH UNITS UNIT PRICE TOTAL
' NO. QUANTITY (PRICE WRITTEN IN WORDS) (IN FIGURES) AMOUNT
(Alternate Bid Items 8A and 8B - Provide Bid for only one Alternate)
8A 1,080 Construct 12" V.C.P . sanitary
' ALT. L.F. sewer in place for the unit
price of
' dollars per lineal foot $ $
8B 1,080 Construct 12" P.V.C. sanitary
ALT. L.F. sewer in place for the unit
price of s AArr-
dollars per lineal foot $ 22•.00 $ 2.3 J 6D. D 0
1
' (Alternate Bid Items 9A and 9B - Provide Bid for only one Alternate)
' 9A 472 Construct 8" V.C.P. sanitary
ALT. L.F. sewer in place for the unit
price of
dollars per lineal foot. $ $
9B 472
ALT. L.F. Construct 8" P.V.C. sanitary
sewer in place for the unit
price of �irUn ,nv
dollars per lineal foot. $ / 4,00 $
' TOTAL BID �,.nen�iu'�� tr�L �.Lrtr.Aumd,j -JLk, FJ-MA Dollars
— d - Total in Words)
$ �I� . Z38. DD "I, v
1.
(Total in Figures)
•-5b-
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 ot•t herein.
i ;y� - • ,,/�
rSim ure of Bidder Date
' ,J 93 4641
Picone Number
r .
r
r
r
r
r
r
r
r
r
r
r
r -6
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY
' BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
ss .
County of o/I,giU6� E )
(UA�TI �'�PP�1LO being first duly sworn
' deposes and says that he is ,S'/9 L. F p u/,iyL,p of
�4j'f'G-JL4 C�diY4j77NCT/UiU (?4�p4AJS1 the
' party making the foregoing bid; that such bid is not made in the
interest of or on behalf of any undisclosed person, partnership,
company, 'association, organization, or corporation; that such bid is
genuine and not collusive or sham; that said bidder has not directly
or indirectly induced or solicited any other bidder to put in a false
or sham bid, and has not directly or indirectly colluded , conspired,
connived, or agreed with any bidder or anyone else to put in a sham
bid, or that any one 51, ,11 refrain from bidding; that said bidder has
not in any manner, directly or indirectly, sought by agreement , commu-
nication 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 ad-
vantage against the public body awarding the contract of any one inter-
ested in the proposed contract; that all statements contained in such
bid are true; and , further, that said bidder has not directly or indirectly,
submitted his bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid and
will not pay any fee in connection therewith, to any corporation,
partnership, company, association, organization, bid depository, or
to any member or agent thereof , or to any other individual except to
any person or persons as have a partnership or other financial interest
with said bidder in this general business .
' By
Subscribed and sworn to before me this
t` day of , 197�p .
' .;,000reo0oeo♦eeeeoee♦e♦♦♦ee♦♦�
♦ OF YI-L SEAL ♦
Notary Pu is in affd for said County and State J TISDALE
NO .3.J. CALIFORNIA
PR;NC""�I. OFFICE IN
O
♦ O^ANGE COUNTY
My commission Expires Nov. 1, 1976 +
—7-
1
DESIGNATION OF SUB-CONTRACTORS
1 Submit with Proposal
In compliance with the Provisions of Section 4100-4107 of the government
Code of the State of California as amended the undersigned certifies
that he has used the sub-bids of the following listed sub-contractors
in making up his bid , and that the sub-contractors listed will be used
for the work for which they bid, subject to the approval of the Engineer,
and in accordance with the applicable provisions of the Specifications .
It is understood and agreed that all those portions of the work called
' for in the contract documents for which a sub-contractor is not listed
will be performed by the undersigned through his forces . If no sub-
contractors are listed , all bonds and insurance will be written in the
name of the general contractor only,
1 Item of Work Sub-Contractor Address Phone No.
1.
i .2.
3.
4.
5.
6.
i 7.
1 $
i
i
BIDDER' S NAME
1
AUTHORIZED SIGNATURE
1
i
AGENDA ITEM May 19 , 1976
TO: James S . Mocalis , City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: APPROVAL OF PLANS & SPECIFICATIONS - SANITARY SEWER
RECONSTRUCTION, CAMINO CAPISTRANO & AT&SF RIGHT-OF-WAY
SITUATION:
The Engineering Staff has prepared plans and specifications for
the construction of sanitary sewers. The subject project will
replace sewers constructed prior to 1930 . The major replacement
will be the 12" line behind the post office and Spaulding Equip-
ment Company. This line is less than one foot deep in certain
locations , and due to an excessive drop in grade near the City
Hall , hydrogen sulfide gas is generated to the point of causing
physical discomfort for Spaulding 's employees . Additionally, an
8" line is proposed in front of Pete N 'Clara ' s on Camino Capistrano.
The enclosed map indicates the purpose of this line and the location
of the 12" line replacement. Also, 8 ' of pipe in Camino Capistrano
(adjacent to Judge Egan's house) is scheduled for replacement; the
television inspection of this line indicated a structural failure
necessitating this replacement.
Two points of major significance should be considered by the
Council. The replacement of the line behind Spaulding Equipment
Company will unavoidably require the removal of several mature
trees . These trees are a short distance from the existing sewer,
and it is only a matter of time before root growth destroys the
existing shallow line. The Tree Inspector has conducted public
hearings and has approved the necessary removal. The proposed
sewer will be 8 ' below the ground surface and less prone to
root damage. The other point for consideration is the review
period by the AT&SF Railroad. A right-of-entry into the railroad
right-of-way is required and they are presently reviewing the
plans ; the application was mailed to the railroad on April 19 ,
1976 . When railroad approval is given, Staff will advertise
the project for bids .
FINANCIAL CONSIDERATION:
The Engineer' s estimate for this work is $43 ,100 . This estimate
is broken down as indicated in Table I . The budget amounts for
these projects are indicated adjacent to this estimate . This
year' s television inspection has indicated that replacement of
the line under the San Diego Freeway can be postponed for a short
time , so the projects proposed are well within budgeted amounts .
G
FOR CITY COUNCIL AGENDA .. `
1
James S. Mocalis
Sanitary Sewer -2- May 19 , ,1976
TABLE I
Engineer 's
Project Estimate Budget
Line behind Spaulding' s $35 ,075 . 00 $ 30 ,800
Line in Camino Capistranol 7 ,536 . 00 15 ,000
Reconstruct master planned
facilities 489. 00 8 ,000
Trunk line Camino Capistrano-
Freeway2 88 ,000
$43 ,100 .00 $141 ,800
1. Additional work estimated at less than $5 ,000 will
be advertised in a separate project.
2 . Television inspection indicates this project can
be delayed.
ALTERNATE ACTIONS :
1. Approve the project.
2 . Hold action until railroad approval is granted.
3 . Do not approve the project.
4. Direct Staff to modify the project.
RECOMMENDATION:
By motion, CePS
e nitary Sewer Reconstruction, Fiscal Year 75-76
and authorif to advertise and receive bids for construction.
Respectfully submitted,
W. D. Murphy
WDM:GML:cj
Attachment
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t- - -T - - - - - _ - -
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A. T. of 8.f. l7/6HT DF WAY
-- - r -
ZAMS TD BE PROTCGTE�I `V
MM 9640/R/N& MMUR 3
SP�OU�D/N6 ESU/PMENT t0. �h
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3. SAN/TABBY UWER RECANST,,
h F/SeWl YEAR 1979
AGENDA ITEM May 5, 1976
� � s
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Atchison, Topeka & Santa Fe Railway License Agreement
SITUATION:
To further complete the City' s Master Plan of Sewers, a 12-inch
sewerline was constructed in the northern area of the City. As
a condition to construct the sewerline parallel the railroad
right-of-way, the City, on April 14, 1970, entered into a license
agreement with AT&SF Railway Company. At that time the lease-fee
for the right-of-way easement was $645 per year.
On June 4, 1975, the AT&SF Railway License Agreement was amended
in the compensation section to the sum of $725. The supplemental
agreement increased the yearly lease fee $80 and provided a right
to revise the lease amount at the end of three years by Santa Fe.
The supplemental lease fee charge of $725 is due for 1976 . This
is the second yearly payment on the three-year lease agreement .
The present $725 charge is based on a percentage of the current
market value of a ten foot strip of land underlying the entire
encroachment of the sewerline. It was established by field
appraisals and comparisons with other values in the area. The
AT&SF on the basis of this appraisal feels they are within their
rights to assess a lease fee which will provide a fair return on
their property.
The use of eminent domain for the acquisition of the property
has been reviewed. The 1. 5 mile long easement paralleling Camino
Capistrano is appropriated to an essential public use. A deter-
mination on the necessity of condemnation is incumbent to this
issue. Condemnation is a costly and time consuming process.
The priority of the condemnation issue has not indicated an
urgency to this matter. The intent of Council priorities at
this time prescribes a less involved alternative.
FINANCIAL CONSIDERATIONS:
A basic outline for simple condemnation proceedings is as follows :
1. Announce condemnation of property to AT&SF.
2. Appraisal of property.
3 . Negotiations for property.
4. Condemnation proceedings. l �
0
5. Court
6 . Trial .hearings . FOR CITY COUNCIL AGENDA .. 1
0 0
James S. Mocalis, City Manager
AT&SF License Agreement
May 5, 1976
Page 2
The range of projected costs for condemnation of this property
is between $6, 000 and $15,000. This includes appraisal, legal,
process survey and Staff time .
ALTERNATE ACTIONS:
1. Forestall condemnation proceedings.
2. Return to Staff for review.
3 . Proceed to condemn the property.
RECOMMENDATION:
By motion, forestall condemnation proceedings until necessity
and expediency of the issue implores the use of eminent domain.
Respectfully submitted,
W. D. Murphy
WDM: WPB/m
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AGENDA ITEM April 7 , 1976
TO: James S. Mocalis , City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: APPROVAL OF PLANS AND SPECIFICATIONS FOR SANITARY SEWER
RECONSTRUCTION - AT&SF RIGHT-OF-WAY, CAMINO CAPISTRANO
SITUATION:
The Engineering Staff has prepared plans and specifications for
the construction of sanitary sewers . The subject project will
replace sewers constructed prior to 1930 . The major replacement
will be the 12" line behind the post office and Spaulding Equip-
ment Company. This line is less than one foot deep in certain
locations, and due to an excessive drop in grade near the City
Hall , hydrogen sulfide gas is generated to the point of causing
physical discomfort for Spaulding ' s employees . Additionally, an
8" line is proposed in front of Pete N' Clara' s on Camino Capistrano.
The enclosed map indicates the purpose of this line and the location
of the 12" line replacement. Also, 8 ' of pipe in Camino Capistrano
(in front of Judge Egan' s house) is scheduled for replacement; the
television inspection of this line indicated a structural failure
necessitating this replacement.
Two points of major significance should be considered by the
Council. The replacement of the line behind Spaulding Equipment
Company will require the removal of several mature trees. These
trees are a short distance from the existing sewer, and it is only
a matter of time before root growth destroys the existing shallow
line. The proposed sewer will be 8 ' below the ground surface and
less prone to root damage. The other point for consideration is
the review period by the AT&SF Railroad. A right-of-entry into
the railroad right-of-way is required and they are presently
reviewing the plans. When railroad approval is given, Staff will
advertise the project for bids .
FINANCIAL CONSIDERATION:
The Engineer' s estimate for this work is $47 ,300 . This estimate
is broken down as indicated in Table I . The budget amounts for
these projects are indicated adjacent to this estimate. This
year ' s television inspection has indicated that replacement of
the line under the San Diego Freeway can be postponed for a short
time, so the projects proposed are well within budgeted amounts .
FOR CITY COUNCIL AGENDA .. . .. .. ( ' �_
James S . Mocalis
Sanitary Sewer -2- April 7 , 1976
TABLE I
Engineer' s
Project Estimate Budget
Line behind Spaulding' s1 $39 ,472 . 50 $ 30 ,800
Line in Camino Capistrano 7 ,336 . 00 15,000
Reconstruct master planned
facilities 491 . 50 8 ,000
Trunk line Camino Capistrano-
Freeway2 88 ,000
$47 ,300 . 00 $141 ,800
1. Additional work estimated at less than $5 ,000 will
be advertised in a separate project.
2. Television inspection indicates this project can
be delayed.
ALTERNATE ACTIONS :
1. Approve the project.
2 . Hold action until railroad approval is granted.
3 . Do not approve the project.
4 . Direct Staff to modify the project.
RECOMMENDATION:
By motion, approve Sanitary Sewer Reconstruction, Fiscal Year 1976
and authorize Staff to advertise and receive bids for construction.
Respectfully submitted,
L"..).n.
W. D. Mu
t� -o
WDM:GML:cj
Attachment
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E6D1/37,e06Tl0,IIV 1976
— ? — —
- - _ -` - - -�- -
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SeWE/L TD BE REMDYED AND EXisr
Hill
�+ -- -- --
74RStlbf/,#
?a TdBE PROA&CREOVIP/NE
SPpULD/NG ELaU/PMENT CD.
6/7Y NAL L /SHORT o
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x� SAa/TA,� Y SEWt'R ft8CON5i,
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_ OF INSURANCE
>r r
EM#CERTIFICATE
YERS INSURANCE OF WA U
This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued.
This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy
referred to herein. RECEIVED
C E i`t C D
( ) This certificate renews or replaces the certificate previously issued, f(Ft+G V G f GiiV,/ CC
Name and address of Insured AUG it 1 I 25 OW ,70
CITY OF
Steve Cappello & Sons- SAN WN
Construction Co. C A P I S T R A N ij
26811 Lariat Circle
San Juan Capistrano, Ca. 92675
L
Kind of Coverage I Expiration Date Policy Number Limits of Liability
Bodily Injury Property Damage
Workmen's
Compensation' Each Person Occurrence ch Aggregate Occurrence Aggregate
Comprehensive (I)
General Labdhy ** 1 1-1-77 2027 00 034920 1 000 000 1.000.000 1 000 0 1,000,
000
Manufacturers'and
Contractors'Liability
Owners',Landlords'
and Tenants'Liability
Contractual Liability
Automobile
(X )Owned 1 1-1- 2027 00 n420- 500,000 1,000.00 1 000 000
(X )Hired and
Nonowned
(1)Producls-completed Operations: X]Included D Excluded
f The entry of a number in this column means that the coverage is afforded by the company designated by the some number.
* Unless otherwise indicated, this policy affords fall coverage under the Workmen's Compensation laws of all states(except states where coverage can be provided only by State
Funds, and Canada) and as designated in the policy and endorsements for Coverage B—Employers'Liability.
" Contractual coverage afforded applies to: ( ) contracts designated in contractual coverage part;(X )all written contracts.
Special provisions.City of San.Juan Capistrano is an additional insured but only with respect to liability
arising out of the following described job: Contract #&7 - 70112
Description of Automobile,or,
Locations covered by policies listed in this certificate: Anywhere in the United States of America, its territories or
possessions or Canada.
Not withstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded
by the policy (policies) described above is subject to all of the terms, exclusions and conditions of such policy(policies)during the terms)thereof.
Issued to: Issued by: ( X ) ( 1. Employers Mutual Liability Insurance Company of Wisconsin
( ) ( 2. ) Illinois Employers Insurance of Wausau
City of San Juan Capistrano Date Issued: 8-13_76 place Los Angeles, Ca. 90010
✓ 32400 Paseo Adelanto R LA Rep' 1659
San Juan Capistrano, Ca. 92675
Signed
(r Authorized Company Representati
9-]si0.}6 w USA � Isl 15 5136 ve
The Atchison,Topeka and Santa Fe Railway Company
i A Santa Fe Industries Company---RECEIVED
121 East Sixth Street, Los Angeles, California 90014, Telephone 2y1e3/628.0111
DEF Z9 IEMPIIIIJ9
September 24, 1976
CITY OF
File: BJ-70112 SAN JUAN
CAPISTR4,NO
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn. : Mrs. Mary Ann Hanover, City Clerk
Gentlemen:
With reference to your letter of September 10, enclosed is
the City' s fully executed copy of license agreement granting right
of entry at San Juan Capistrano for the purpose of installing
a 12-inch sewer pipeline near the Railway right of way.
Please refer to the above file number when remitting the $150
license fee.
The insurance as submitted by contractor, Steve Cappello &
Sons Construction Company, has been approved. Kindly contact Office
Engineer R. C. Schultz, San Bernardino, Phone (714) 884-2111, Ext.
258, referring to his file X-44022, before proceeding with this
project.
Very truly yours,
H. D. Fish, General Manager
BY
M. W. Lloyd
Supervisor of C ntracts
Cc: Mr. E. L. Kidd, Superintendent
San Bernardino, CA
• � 4 t� •
�1i- a �jrrir, �rra�rr;`(�� �Gfzairzd
�3 Z(100 PASGO�A06C AN�O�
SAND NdAP157RANo1'CALWnRN1 92675
(� _ l.,11 ,. 1 G)
"'��NdNE a9�ti 17 f
l�a"'"jh
September 10, 1976
J. H. Schwartz
The Atchison, Topeka and Santa Fe Railway Company
121 East Sixth Street,
Los Angeles, California 90014
Re: Encroachment Agreement for Sanitary Sewer
Reconstruction - Your File No. BJ-70112
Dear Mr. Schwartz:
Pursuant to our telephone conversation today, enclosed
are the following:
1. Certified copy of pages 1, 3 , and 16 of the City
Council Minutes of July 7, 1976.
2. The Certificate of Insurance for Steve Cappello &
Sons issued to the AT&SF Railway Company .
3 . Copies of the two Certificates of Insurance issued
to the City of San Juan Capistrano.
If the receipt of these documents meets with your
satisfaction, please return a fully-executed copy of the License
Agreement to the City. Thank you for your cooperation.
Very truly y0 s,
(AIRS) M ry Ann Hanover
City Clerk
/m
Enclosures
CC,. Dennis Bushore, Public {Yorks Department
s awl
EMPCERTIFICATE OF INSURANCE
OYERS INSURANCE OF WALAU
This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued.
This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy
referred to herein. .�
( X ) This certificate renews or replaces the certificate previously issued.
Name and address of Insured
1"
F_ Steve Cappello & Sons
Construction Co.
26811 Lariat Circle w4
San Juan Capistrano, Ca. 92675
L
Kind of Coverage f Expiration Date Policy Number Limits of Liability
Bodily Injury Property Damage
Workmen's pEach
Compensation* 1 1-1-78 2018 00 03492o Each Person Occurrence Aggregate Oc uarrence Aggregate
Comprehensive (1
General Liability 1 1-1-78 2028 00 034920 1,0-0-0,00C 1,000,000 1 000 00 1,000,000
Manufacturers'and
Contractors'Liability
Owners',Landlords'
and Tenants'Liability
Contractual Liability
Automobile
(X )Owned 1 1-1-78 2028 00 034920 500,000 L,000,000 1,000,0001
(X )Hired and
Nonowned
(1)Products-Completed Operations: Rkincluded ❑Excluded
t The entry of a number in this column means that the coverage is afforded by the company designated by the same number.
` Unless otherwise indicated, this policy affords full coverage under the Workmen's Compensation lows of all states(except states where coverage can be provided only by State
Funds, and Canada) and as designated in the policy and endorsements for Coverage B—Employers'Liability.
' ` Contractual coverage afforded applies to: ( ) contracts designated in contractual coverage part;(XX)all written contracts.
Special Provisions: Job: Contract #BJ-70112
License #601-33956
Encroachment while making installation of twelve-inch sewer line (7.5 Feet from Track
No. 4 and 15 Feet frau tdain).
Description of Automobile,or,
Locadonscovered by policies listed in this certificate: Workers' Compensation: State of California, Liability: Anywhere
in the United States of America, its territories or possessions or Canada.
Not withstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded
by the policy (policies) described above is subject to all of the terms exclusions and conditions of such policy(policies)during the term(s)thereof.
Issued to: Issued by: (X ) ( I. ) Employers Mutual Liability Insurance Company of Wisconsin
City of San Joan Capistrano ( ) ( 2• ) Illinois Employers Insurance of Wausau
City Hall Date Issued: 12/9/76 place Los Angeles, Ca. 9001
• 32400 Paseo Adelanto R. LA Rep. 1659
San Juan Capistrano, Ca. 92675
Attn: J. H. Schwartz
Signed
Authorized Company Representative
j 97s PRiD INUSA. I511SS)JS
r�� SZIV,r.)a� la�al�7l
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ss.
CITY OF SAN JUAN CAPISTRANO )
I , MARY ANN IIANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY .that the attached is a
true and correct copy of Pages 1 , 3 , and 16 of the City Council
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Minutes of the regular Council Meeting held on the 7th day of July,
1976 .
(SEAL)
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CRY NN I NOVEI City Clerk
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San JuarCapistrano , California E�
f
DATED: This 10th day of September , 197 6
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The Atchison,Topeka and Santa Fe Railway Company
y E
A Santa Fe Industries Company COVE
121 East Sixth Street, Los Angeles, California 90014, hre 113/6 11
CC � P519
September 1, 1976 ,F
File: BJ-70112
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Ms. Mary Ann Hanover
City Clerk
Gentlemen:
With reference to your letter of August 17, we are
returning Certificate of Insurance by contractor, Steve
Cappello & Sons, for the reason that it does not indicate
the licensee, City of San Juan Capistrano, is included as
an additional insured. Please amend the certificate or
furnish an endorsement attached thereto and return for our
approval. X
Also, furnish a copy of Resolution, wherein the Mayor
was authorized to execute the agreement on behalf of the
City.
Very truly yours,
H. D. Fish, General Manager
By
M. W. Lloyd
Supervisor of Contracts
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l7 a 7
1-7
C31on 3NOHd SS3HMV 3WVN
19 IV[ MwVT/$Noutou1a3E
i!d/��i0d' .lSssd } .d�yJ o/viwdd
BID SUi^b ATION ,•
Camino Capistrano and AT&SF' Railway Sanitary
Se;cer Reconstruction - Fiscal Year 1976
i
PROJECT CAPPELLO CON
ENGINEERS ESTIMATE 26811 Lariat
San Juan Cap
ITE} QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE
1. 8 " V.C.P. Camino cap 1 L.S . L.S . 624 . 00 L.S .
2 . Rework MH Camino Cap 2 EA - 300 . 00 600 . 00 250 .00
3 . 01:)andon 10" V.C.P . 1 L.S . L.S. 500 .00 L.S .
4. Security F ncing 730 L.F. 8 . 00 5 , 840 .00 2 .00
5 . 48 " Manhole 3 EA 800 .00 2 ,400 .00 1 ,500 . 00
Remove existing
6 • 12 " sewer 1 , 080 L.F. 5 . 00 5 ,400 .00 2 . 00
7 . Protect RR Siding 1 L.S. L.S. 500 .00 L.S .
8- 12 " VCP Sewer 1,080 L.F. 20 . 00 21 ,600 . 00
8B 12" PVC Sewer 1 ,080 L-F 22 .00
9A 8" VCP Sewer 472 L.F 11 .94 5 ,635 . 00
9B .' PVC Sewer 472 L-F 14 .00
TOTAL 43 ,100 .00
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' CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY
rSTATE OF CALIFORNIA
PLANS, SPECIFICATIONS,
SPECIAL PROVISIONS
AND
CONTRACT DOCUIIENTS
r FOR
CAMINO CAPISTRANO and AT&SF RAILWAY
SANITARY SEWER RECONSTRUCTION
FISCAL YEAR 1976 /� 1
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CITY COUNCIL
DOUGLAS B. NASH, MAYOR
YVON O. HECKSCHER JOHN B. SWEENEY
RICHARD D. hIcDOWELL KENNETH E. FREISS
W. D. MURPHY
DIRECTOR OF PUBLIC WORKS - CITY ENGINEER
1976
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NOTICE TO CONTRACTORS
' A copy of the license issued to the City of San Juan
Capistrano for work within the railroad right-of-way is
attached. As stated in Section 3-7 in these specifications,
the City shall purchase the license and shall also fund the
cost of the railroad inspector . The insurance requirements
and any additional costs incurred from work within the rail-
road right-of-way shall be the Contractor' s responsibility.
The Contractor should be aware of the differences in insurance
requirements of the City and the railroad and the fact that
both agency's requirements must be met.
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_ Form 1877-8 Standard
• (1yp�ed by Qenael sdieiter)
' LICENSE BJ-70112
THIS LICENSE,Made as of the 1sL dap June 19 76�
' between- THE ATCHISON, TOPEKA AND SANTA FE RAILWAY C014PANY
a_ Delaware corporation (here:aaftercalled"Licensor"),
and-_ CITY OF SAN JUAN CAPISTRANO
(hereinafter, whether one party or more, called "Licensee").
!, WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree u
' follows:
i 1. Licensor hereby licenses Licensee to use, subject to the rights and easements hereinafter excepted and re-
served and upon the terms and conditions hereinafter set forth, the land (hereinafter called "Premises") situated at
' ! or near--San Juan Capistrano County of Orange
State of California ,outlinediarred-coloringon the print hereto attached,No.601-33956
° May 5, 1976
dated. marked"Exhibit A"and
made a part hereof, for a term beginning on._—_ June 1 , 19 76 , and ending wh•.-
this license shall be terminated as hereinafter provided.
' . 2. Licensor hereby excepts and reserves the right,to be exercised by Licensor and by any others who have ob-
tained or may obtain permission or authority from Licensor so to do, (a)to operate,maintain,renew and relocate any
and all existing pipe, power, and communication lines and appurtenances and other facilities of like character upon,
' over or under the surface of the Premises; and (b) from time to time to construct, operate, maintain, renew and
relocate such additional facilities of the same character as will not unreasonably interfere with the use of the Premises
by Licensee for the purpose specified in paragraph 6 hereof.
this license a fee in
S. Licensee shall pay to Licensor as compensation for theuse-of•the--Premises the sum of
One Hundred Fifty and No/100---------------------------------Dollars ($ 150.00------)
' ___^ yable in advance.-Said-compensation shall be subject-to revision at five (5) year
intervals
'
-4—. Licensee Licensee covenants and warrants that Licensee either owns,or has obtained from the owner or owners thereof
' the right to use any improvements now on the Premises shown or described on said Exhibit A as"Licensee's Existitg
Improvements." Such improvements, if any, together with any other improvements hereafter placed upon the
Premises by or for account of Licensee are hereinafter called "Improvements."
5. Licensee shall pay before the same become delinquent alf taxes, charges, rates, and assessments which may,
during the term of this license,be levied upon,or assessed against, or be equitably chargeable to or assmsed in ne�pect
of the Improvements; and where any such tax,rate, charge, or assessment may be embraced in the general amount
of taxes charged upon the-Premises separately or in connection with other property of Licensor and Licensor shall
pay all otsaid taxes,then Licensee shall promptly repay or refund to Licensor the amount or part of the tax, charge,
ratevrassessment equitably or fairly apportionable to the Improvements.
G. Licensee shall use the Premises exclusively as s site for-.._....._.encroachment while making installation-•-----•••-•----
of twelve-inch sewer line
....-----•---.._--------------------------------...------------------------...-..-._.---..-._--......----.....-------...----------...--...-------------------------------------
the object of Licensor being to facilitate the convenient operation of the railroad, telegraph and telephone line-4of
Licensor,and the transaction of business thereon. In case Licensee shall use the Premises for any other purpose what-
------------
hat-
ever than above mentioned, then Licensor may declare this license at an end and prevent Licensee from using or re-
maining upon the Premises, with or without process of law. Licensee shall not have the exclusive possession of the
Premises as against Licensor.
7. Licensee shall keep and maintain the Premises and Improvements in such safe,sanitary and sightly condition
as shall be satisfactory to Licensor,and-,-if required-by-Licensor, shall paint the Improvements with paints of a color
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r17. If Licensee fails to surrender to Licensor the Premises,upon any termination of this license all the liabilities
and obligations of Licensee hereunder shall continue in effect,until the Prem;ses are surrendered;and no termination
hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting
from any acts,omissions or events happening prior to the date of termination or the date, if later, when the Improve-
ments are removed and the Premises restored or Licensor elects to take and hold the Improvements as its sole property
as hereinabove in paragraph 16 provided.
r 18. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee
herein contained shall be the joint and several covenants and agreements of such parties.
19. All the covenants and agreements of Licensee herein contained shall be binding upon the heirs,legal repre-
sentatives, successors and assigns of Licensee,and shall inure to the benefit of the successors and assigns of Licensor.
r
Attached hereto and made a part hereof is Rider "A" identified by the signature
rof J. H. Schwartz.
IN WITNESS WHEREOF, This license has been duly executed in duplicate by the parties hereto as of the
day and year first above written.
Tl IE ATCNISQN�,•TOP K _ANR..St�NLA..Ef:..[tAIL))'AY---COMPAKY........(Licensor).
Approveddescription: B _-_.- -.•--_•----- .• -_.__. _ __
PP as to
._........._................
_ I,
Ohio( Engineer.
CAPISTRANO
. � RIDER "A"
' RIDER to license agreement dated Jtme 1 197 ,
between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY and
CITY OF SAN JUAN CAPISTRANO
' 20. Licensee will perform work to the satisfaction and at
no expense to Licensor on Licensor's property and reimhurse Licensor
for any inspection fees considered necessary by Liccnso.
' 21. Licensee agrees to furnish and keep in force or arrange
to have furnished and keep in force insurance of all kinds and amounts
' specified below during the period of operation on Licensor's Premises.
(a) Licensee shall, with respect to the operations which it
' performs upon, beneath or adjacent to Licensor's right of
way and/or track, furnish or arrange to have furnished (i)
regular Contractors' Public Liability Insurance with limits
of not less than Five Hundred Thousand Dollars ($500,000) for
all liability arising out of bodily injuries to or death of
one person, and, subject to that .limit for each person, One
Million Dollars ($1,000,000) for all liability arising out of
bodily injuries to or death of two or more persons in one ac-
cident or occurrence and (ii) regular Contractors' Property
Damage Liability Insurance with limits of not less than One
' Million Dollars ($1,000,000) for each occurrence for all lia-
bility arising out of damage to or loss or destruction of
property. Licensee and all its contractors and subcontrac-
tors shall be named insureds either in a single policy of in-
surance complying with the requirements of this subparagraph (a)
or in separate policies maintained during such periods as
such contractors and/or subcontractors sharl perform any work
hereunder. The policy or policies insuring Licensee shall in-
sure Licensee's contractual liability in favor of Licensor
contained in paragraph 10 of the printed provisions of this
license.
22. Licensee agrees to furnish or arrange to have furnished
to Licensor certificates reflecting the insurance coverage or certified
copy of insurance policy, if requested by Licensor, as required by sub-
paragraph (a) of paragraph 21 hereof. Certificates reflecting the
coverage required by subparagraph (a) shall unqualifiedly require thirty
(30) days' written notice to Licensor of cancellation or modification of
the insurance referred to in such certificates.
23. Licensee shall not be permitted to exercise the license
and permission granted hereunder until notified by Licensor that in-
surance furnished pursuant to paragraph 21 hereof is satisfactory.
' Identified by
EXHIBIT „A.,
ATTACHED TO CONTRACT BETWEEN o.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
Cl 7Y OF SAN JUAAt CA PIS TRA A/O ryry
O
LOS ANGELES, CALIF J. G. FRY
MAYS , /974 A.G.M. -ENGINEERING W
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SCALE: I IN. TO /00 FT. a
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FOURTH D/STR/CT
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SAN ✓fAN CAP/STRAND OEPos NfIT J(M¢.n 7,. . A.T.e. S.F. .Py.Co. 25 SORRA NEXT STATION
7.S'
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AT SAN ai.,,4N Cnpf57'.PANO�
O.vANOE COt/NTY', CAI41FO.Q"e,9 C.E.C.L. DRAWING NO. 601-33956
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TABLE OF CONTENTS
CONTRACT DOCUMENTS (White) PAGES
' NOTICE INVITING BIDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 - 3
BIDPROPOSAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 - 6
NON-COLLUSION AFFIDAVIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
' DEQ GNATION OF SUB-CONTRACTORS. . . . . . . . . . . . . . . . . . . . . .8
INSTRUCTION TO BIDDERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 - 14
' CONTRACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 - 17
' BID BOND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
FAITHFULPERFORMANCE BOND. . . . . . . . . . . . . . . . . . . . . . . . . . . 19
' LABOR AND MATERIAL BOND. . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 - 21
' SECTION 1 (Yellow)
' GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 - 62
SECTION 2 (Green)
DETAIL SPECIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . .63 - 90
SECTION 3 (Blue) (Pink)
SPECIAL PROVISIONS (Blue) .. . . . . . . . . . .91 - 94
ITEMS OF WORK AND MEASUREMENT AND PAYMENT. . . . . .95 - 98
(Pink)
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INSTRUCTION TO BIDDERS
' Securing Documents.
' Plans , specifications and other contract documents- will be
available for examination without charge and copies may be secured
in accordance with the "Notice Inviting Bids . ,,
' Examination of Plans , Specifications and Site or 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 Documents . The plans for the work show conditions
as they are believed to exist, but it is not to be inferred that
all the conditions as shown thereon are actually existent , nor
' shall the City or any of its officers or agents be liable for any
loss sustained by the Contractor as a result of any variance between
' conditions shown on the plans and actual conditions revealed during
examination or progress of the work. The submission of a proposal
shall be prima facie evidence that the bidder has made such an
examination.
Interpretation of Drawings and Documents .
' If any bidder should find discrepancies in, or omissions from,
the drawings, specifications or other proposed contract documents,
or if he should be in doubt as to the true meaning of any part
' thereof, he shall at once make a written request to the Engineer
for correction, clarification or interpretation of the point or points
in question. The person submitting such a request shall be respon-
sible for its prompt delivery.
' In the event that the Engineer receives such a request and
it should be found that certain essential information is not clearly
and fully set forth, or if the Engineer discovers errors, omissions,
or points requiring clarification in the drawings or documents,
' a written addendum will be mailed to each person to whom a set of
contract documents has been delivered. The City will not be
' responsible for any instructions, explanations or interpretations
of the documents presented to bidders in any manner other than
written addendum.
Addenda or Bulletins.
The effect of all addenda to the contract documents shall be
' considered in the bid and said addenda shall be made a part of the
contract documents and shall be returned with them. Before sub-
mitting his bid , each Bidder shall inform himself as to whether or
' not,-any such addenda have been issued, and failure to cover in his
bid any such addenda issued may render his bid invalid and result
in its rejection.
Disqualification of Bidders .
No person, firm or corporation shall be allowed to make, file
' or be interested in more than one bid for the same work unless
alternate bids are called for . A person, firm or corporation who
' has submitted a sub-proposal- to a bidder , or who has quoted prices
on materials to a bidder, is not hereby disqualified from submitting
a bid in his own behalf.
' Proposals.
Bids to receive consideration shall be in accordance with the
following instructions :
' A. Bids shall be made only upon the forms provided within
these specifications ; all bid items shall be properly filled out ;
' bid prices shall be stated both in words and in figures ; and the
signatures of all persons signing shall be in longhand . Where there
' is a conflict in the words and the figures, the words shall govern.
B. All prices and notations must be in ink or typewritten.
' No erasures will be permitted . Mistakes may be crossed out and
corrections typed or written in ink adjacent thereto and must be
-10-
1 initialed in ink by the person or persons signing the bid.
C. Bids shall not contain any recapitulation of the work to
be done. Alternate proposals will not be considered except as
required 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,
equipment and references properly and fully filled out.
' E. Each bidder shall list his proposed sub-contractors on
the form accompanying the proposal in accordance with the provisions
of the specifications .
F. Each bidder must accompany his bid with either a cashier ' s
' check upon some responsible bank, or a properly certified check upon
such bank, or an approved corporate surety bonJ payable to the City
for such a sum of not less than ten (10) percent of the aggregate
sum of the bid, which check or pond 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 such contract and furnish
the required bonds.
' The bidder agrees that, in case of his refusal or failure to
execute said contract and give bonds within the time required by these
' documents , such check or bond, and the money represented thereby,
shall remain the property of the City 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 (10) percent of the amount of the bid . A bid received
and not accompanied by such cashier 's check, certified check or approved
' bond shall be rejected.
G. Bids shall be delivered to the City at the location stipu-
lated, on or before the day and hour set for the opening of bids,
as hereinbefore 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.
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rLicensing 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
rand 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.
rOpening 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.
rNo 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
rthe work will either be awarded or the bids rejected within the
forty-five (45) days from the date set for the opening of bids.
rThe 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 .
rThe bidder to whom the award is made shall execute a written
r Contract with the City and furnish the stipulated bonds within ten
(10) days after the notice of award of contract. The Contract
' Agreement shall be made in the form adopted by the City. The release
of the successful bidder' s surety deposit, as previously stipulated,
shall be made upon the City' s acceptance of the Labor and Materials
rBond and the Faithful Performance Bond.
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If the bidder to whom the award is made fails to enter the
contract as herein provided , the award may be annulled and an award
may be made to the next lowest responsible bidder; and such bidder
shall fulfill every stipulation embraced herein, as if he were the
party to whom the first award was made. A corporation to which an
award is made shall furnish evidence of its corporate existence and
evidence that the officer signing the contract and bonds for the
t corporation is duly authorized to do so. Within ten days after the
awarding of the contract, 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 than one hundred percent (100%) of the total amount
payable by the terms of the contract and a Faithful Performance
' Bond in a sum not less than one hundred percent (100%) of the amount
of the contract. Said bonds shall be secured from a surety . company
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
' prosecuted until completion. A time limit of sixty-three
( 63) calendar days 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 .
Assignment of Contract.
' No assignment by the Contractor of any contract to be entered
into hereunder or any part thereof , or of funds to be received there-
under 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.
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1 Workmen and Wages .
Attention is specifically directed to all provisions of the
1 Labor Code of the State of California with regard to workmen and
wages . Wages shall not be less than prevailing wage rates deter-
mined by the City pursuant to sr.id Code and as listed in the
1 "Notice Inviting Bids. "
1 Building Permits .
It shall be the Contractor's responsibility to obtain all
1 n;,cessary permits, bonds and insurance, as required, for the
completion of the project. No extra compensation shall be made
1 the fore.
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BID BOND
' KNOW ALL MEN BY THESE PRESENTS, that we,
, as Principal , and
' existing under the laws of the State of , and whose principal
office is located in the City of , as surety are jointly
and severally bound unto the CITY OF SAN JUAN CAPISTRANO of Orange County,
California, in the sum of DOLLARS
($ ) , 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 bind 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 bid dated , 19 ,
for the construction of for the CITY OF SAN JUAN
CAPISTRANO, Orange County, California.
NOW, THEREFORE, if the Principal shall not withdraw
said bid within thirty (30) days after the opening of same, and shall
within fifteen (15) days after the agreement has been presented to him
' for execution enter into a written contract with the City in accordance
with the bid as acceptei , and if the Principal shall give the required
bond with good and sufficient sureties, or sureties for the faithful
, . performance and proper fulfillment of such contract and for the protection
of laborers and materialmen, or in the event of the withdrawl of said bid
within the periods specified, or the failure to enter into said contract
and give said bond within the time specified , if the Principal shall
within sixty (60) days after request by the City, pay the City the
difference between the amount specified in said bid and the amount for
w hich the- City may procure the required work and/or supplies if the latter
amount be in excess of the former, then the above obligation shall. be
void and of no effect, otherwise to remain in full force and virtue.
' IN WITNESS WHEREOF the above-bounden parties have
executed this instrument under their several seals this day of
, 19_, the name and corporate seal of each corporate party
being affixed hereto and these presents duly signed by its undersigned
representative pursuant to authority of its governing body.
' Two Witnesses (if individual) PRINCIPAL
BY
' ATTEST (if corporation Title
' SURETY
Title By
' Corporate Seal
ATTEST Title
' -18-
Title
' Corporate Seal
• (SAMPLE) I*
FAITHFUL PERFORMANCE BOND Premium
' KNOW ALL MEN BY THESE PRESENTS: That Included
' WHEREAS, The City of San Juan Capistrano, a municipal
corporation of Orange County, California, has awarded to
License No. , hereinafter designated as "Principal, " a contract
for ; and
WHEREAS, said Principal is required under the terms of
' said contract to furnish a bond for the faithful performance of said contract
NOW THEREFORE, we,
as principal, and , as surety, are held
and firmly bound unto the City of San Juan Capistrano, a municipal corpo-
ration of Orange County, California, in the penal sum of
($ ) Dollars, lawful money of the United Stated of America, for
' payment of which sum, well and truly to be made, we bind ourselves , our
heirs , executors , administrators and successors , jointly and severally,
firmly by these presents.
' THE CONDITION OF THIS OBLIGATION is such that, if the
hereby bounden Principal, his or its heirs, executors, administrators ,
successors or assigns, shall in all things stand to and abide by and well
' and truly keep and perform all the undertakings , terms, covenants , conditions ,
and agreements in 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, for value received , hereby
stipulates and agrees that no change, extension of time, alteration or
modification of the contract documents or of the work to be performed
thereunder, shall in any way affect its obligations or this bond, and it
does hereby waive notice of any such change, extension of time , alterations
or modifications of the contract documents or of work to be performed
thereunder.
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 executed by the Principal and surety herein named ,
on the day of , 19_, 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 .
' PRINCIPAL
By
By
SUITTY1
' -19-
BY
(SAMPLE)
LABOR AND MATERIAL BOND Premium
KNOW ALL MEN BY THESE PRESENTS: That Included
WHEREAS, the City of San Juan Capistrano a municipal
' corporation of Orange County, California, has awarded to
License No. , hereinafter designated as "Principal , " a
contract for ; and
WHEREAS, said principal is required to furnish a bond
in connection with the said contract providing that if said Principal,
or any of his or its sub-contractors , shall fail to pay for any materials,
provisions , provender or other supplies or teams used in, upon, for or
about the performance of the work contracted to be done , or for any work or
labor done thereon of any kind, the surety or this bond will pay the same .
' NOW THEREFORE, we , Principal, and
, as surety are held firmly bound unto the City
' of San Juan Capistrano, a municipal corporation, in the penal sum of
($ ) Dollars , lawful money of
the United States of America, for payment of which sum well and truly to
be made, we bind ourselves , our heirs, executors , administrators and
' successors , jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that , if said
Principal, his or its heirs , executors, administrators, successors or
assigns, or sub-contractors, shall fail to pay for any materials, provisions ,
provender, or teams , or other supplies or equipment used in, upon, for or
about the performance of the work contracted to be done , or for any work
or labor done thereon of any kind, or for amounts due under the Unemploy-
ment Insurance Act with respect to such work or labor as required by the
provisions of Title 1, Division 5, Chapter 3 of the Government Code of
' California as amended ; that the surety will pay for the same in an amount
not exceeding the sum specified in this bond and also in case suit is
brought upon the bond, a reasonable attorney' s fee to be fixed by the
court. This bond shall inure to the benefit of any and all persons ,
companies and corporations entitled to file claims under said act, so as
to -give a right of action to them or their assigns in any suit brought
' upon this bond .
FURTHER, the said surety, for value received, hereby
' stipulates and agrees that no change , extension of time , alteration or
modification of the contract documents or of the work to be performed
thereunder shall in any way affect its obligation on this bond and it does
hereby waive notice of any such change , extension of time, alteration or
' modification of the contract documents or of work to be performed there-
under.
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1 IN WITNESS WHEREOF three (3) identical counterparts
of this instrument, each of which shall "or all purposes be deemed
1 an original thereof, have been duly executed by the Principal and
surety herein named on the day of 1975.
The name and corporate seal of eac'i corporate party being hereto
' affixed and these presents duly signed by its undersigned repre-
sentatives pursuant to authority of its governing body.
1
1 PRINCIPAL
1 BY
By
1 SURETY
1 BY
1
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1
1
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' 7. - GENERAL PROVISIONS
INDEX
' Section Title Pngc
DEFINI'T'IONS AND TERMS `23
1-2 PROPOSAL REQUIREMENTS AND COVD.T_TIONS 27
' 1-3 AWARD KND EXI7CUT ION OF CONTRACT 30
t1-4 SCOPE OF WORK 32
1-5 CONTROL OF THE WORK 34
CONTROL OF MATERIALS 39
LFC-XXL RELATIONS AND RESPONSIBILITIES 41
' 1-8 PROSECU'T'ION AND PROGRESS 51.
' 1--9 RIEASURE;r1.1713T Al M PA ,'vIENT 56
1-10 GUARANTY 61
1-11 LABOR AND MATERIAL BOND 62
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GENERAL PROVISIONS
1-1 DEFINITIONS AND TIMAIS
' Whenever the following terms or corresponding pronouns are used,
either in these specifications or in any document or instrument
wherein these specificat4ons govern, the intent and meaning
' thereof shall be interpreted as follows :
1-1.01 Accepted Bid
The proposal formally accepted by the City Council as
the basis for award of contract .
1.-1.02 Approved , Acceptable , Satisfactory
These words shall 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
' The cash, check or bond accompanying the proposal
submitted by the bidder as a guaranty that the bidder
' will, should the contract be awarded to him, enter
into and execute a contract with the City for the
performance of the work within fifteen (15) days
after the agreement form is presented to him for
' signature .
1-1.05 Bidder
An individual , firm, partnership or corporation formally
submitting a proposal to perform or execute the work,
' acting either directly or through an authorized
representative.
' 1-1.06 City
The City of San Juan Capistrano, Orange County,
California.
' 1-1.07 Citi Clerk
' The City Clerk of the City of San Juan Capistrano ,
Orange County, California
' -23-
1-1 .08 City C_otrncil
' 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 fur. nishinn 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 payrn.ent 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 .12 Days
Unless otherwise designated, days as used in the
contract documents will be understood to mean
calendar days .
1-1. 13 Detail Specifications
' 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.
' 1-1. 14 Engineer
The City Engineer of the City of San Juan Capistrano,
Orange County, California, or his authorized represen-
tative.
1-1. 15 Engineer' 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.
1
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' 1-1*6 Genera]. Provisions •
' Written direction, provisions or requirements of a
general nature which are pertinent to the contract,
plans and specifications.
1-1. 17 Laboratory
' 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-
mental 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' Provisions
Specific written provisions setting forth conditions
or requirements peculiar to the particular job and
supplementing or modifying the standard specifications
' and the detail specifications .
1-1.21 Specifications ;
' The written directions and requirements governing the
procedure to be followed in the performance and
execution of the work, the manner of such performance
and the means to be employed, the quality of workman-
ship and results required, quality and type of materials
to be used or furnished, the method for measurement of
quantities of work and materials so performed or furnished
and payments to be made therefor. Included shall be
the General Provisions , Standard Specifications ,
' Detail Specifications and the Special Provisions .
1-1.22 Standard Specifications
' For the purpose of these Specifications , the "Standard
Specifications" of the Department of Transportation,
Business and Transportation Agency, State of
' California, shall be defined as the Standard
Specifications .
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1-1. 2•_3_ Sub-Contractor
1 The .individual, partnership, corporation, or other
entity duly licensed and entering into a contract
with the Contractor to perform part of the work 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 shall
1
include all alterations , amendments or extensions
thereto made by written orders of the Engineer.
1 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 minimum of.
1 \
twenty-four (24) hours in advance of the proposed
non-contractual working day(s) . If the work proposed
is determined by the Engineer as being in the best
interest of the City, the necessary inspection and
survey services will be provided . If the reasons
for such request are not deemed sufficient, the
Engineer may authorize inspection and survey services ,
if available, and such services shall be billed
against the Contractor at the current premium rates
.for the personnel assigned to the project . Such
1 services shall be paid to the nearest half-hour
worked, subject to a minimum working period of four
(4) hours.
Emergency repairs and pre-storm protective installa-
tions may be performed in project areas without
1 written notice .
1-1 . 25 Standard Plans
1 The "Standard Street and Highway Plans" of the Orange
County Road Department, latest edition, have been
adopted by the City Council as the standard plans
1 for the City of San Juan Capistrano.
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1-2 PROIRSAL •REQUIRI MENTS AND CONDIRIONS
' 1-2. 01 Contenis u;: Proposal
Prospective bidders will be furnished with proposal
' forms which will show the estimate of the various
quantities and kinds of work 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 Designation of Sub-Contractors form
' and a Non-Collusion Affidavit properly executed by
the bidder. Copies of these may be obtained from the
office of the City Clerk or the City Engineer.
' 1-2.02 Engineer's Estimate
The Engineer' 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 does not
' expressly, nor by implication, agree that the actual
amoun4 of work will correspond therewith, but reserves
the right to increase or decrease the amount of any
portion of the work, or to omit portions of the work,
' as may be deemed necessary or advisable by the Engineer.
1-2.03 Examination of Contract Documents and Site
' of Work_
The bidder shall examine carefully the site of the
' proposed work, the plans, specifications , proposal and
all other contract documents . The submission of a
proposal shall be considered conclusive evidence that
the bidder has investigated and is satisfied as to
' the conditions to be encountered in respect to the
character, quality and quantities of work to be
performed and materials to be furnished.
' 1-2.04 Rejection of Proposals
t Proposals may be rejected if they show any alteration
of form, additions net called for, conditional or
alternative proposals not called for, modification of.
specifications, erasures or irregularities of any
kind . Proposals in which the prices are obviously
unbalanced and those not: presented on the authorized
proposal forms may be rejected. The City Council may
' reject bids for any reason.
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' -27-
1-2* Bid Bond •
Each proposal submitted under these specifications
must be accompanied by cash, cashier ' s check,
certified check or satisfactory bidder' s bond wade
t 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 shall be complete when a copy
thereof is delivered personally to the Contractor or
his authorized agent or representative, or when a copy
t 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 cash, check or
surety bond is enclosed therewith. Should any bidder
to whom an award is made fail to properly enter into
and execute the awarded contract, the cash, check 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
forfeited to, and become the property of , the City.
Following the execution of the contract, the bid bonds
shall be returned to the representative bidders.
1-2.06 Withdrawl of Proposals
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 withdrawal of the bid filed
with the City Engineer or City Clerk. The request
shall be executed by the bidder or his duly authorized
' representative . The withdrawal of a bid does not
prejudice the right of the bidder to file a new
bid . A bid will not be received after the time fixed
' in the Legal Notice for the opening of bids, nor may
any bid be withdrawn after that time .
1-2.07 Disqualification of Bidders
1 More than one proposal from any bidder, or combination
thereof , under the same or different names will not be
considered unless alternative bids 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
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' suAtted a sub-proposal to a Odder, or who has quoted
prices on materials to a bidder, is not hereby
disqualified i'rom 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 considered in future
proposals,
' -29-
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1-3 AWARD AND EXECUTION OF CONTRACT
' 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 bidder 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 given
' 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 competency for the performance of the work
' covered by the proposal and the size of previous jobs
satsifactorily completed by him. Bidders may be
required to present satisfactory evidence that they
have been regularly engaged in the business, or are
' reasonably familiar therewith, and that they are fully
prepared with the necessary capital, materials and
machinery to complete the work to be contracted for,
' to the satisfaction of the City Council . Each bidder
must be prepared to furnish, at the time of opening bids,
a certified copy of his financial statement.
' 1-3 .02 Contract Bonds
The successful bidder will be required at the time of
' execution of the contract to furnish a Labor and
Material Bond and a Faithful Performance Bond, each
in an amount equal to one hundred (100) percent of the
' contract price . The forms of bonds required are
enclosed herewith. Should any surety or sureties
upon said bonds or any of them become insufficient,
' the Contractor shall renew said bond or bonds with
good and sufficient sureties within ten (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 assignee of the Contractor, until
such renewed bond or bonds have been furnished .
' 1-3 .03 Execution of Contract
The contract shall be si.,ned 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 execute the contract and file acceptable
bonds , as specified in Section 1-3 .02, and insurance
certificates , as specified in Section 1-7.02, shall be
just cause for the annulment of the award and the
' forfeiture of the bid bond . Transfers of contract,
or of interest in contracts , are prohibited„
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' 1-4 SCOL OP 'WOR,K •
1-4.01 Intent of Plans and Specifications
' 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 same in a
' thorough, satisfactory and workmanlike manner in
accordance with the provisions of the plans 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 .
' 1-4.02 Removal of Obstructions
All fences, buildings, unnecessary 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 removed by, and at the expense of the
Contractor, unless otherwise provided by the specifi-
cations , plans or proposal form. However, with respect '
to any such obstruction or encumbrance which is the
property of the owner of a public utility or City fran-
chise, attention is directed to the provisions of the
subsection hereof titled "Public Utilities. "
' 1-4.03 Public Utilities
The Contractor shall advise the Engineer if, to
satisfactorily complete the work, it becomes necessary
to remove, relocate or protect any facility of any
public utility or holder of City franchise, which was
not shown on the plans or specified in the specifi-
cations to be removed, relocated or protected by the
Contractor.
' If the cost of such work must be borne by the owner
of the facilities, the Engineer will notify the owner
to move such facilities within a specified time and
the Contractor shall not interfere with same.
If the cost of such work is not required to be borne
by the owner of the facilities, the City shall. bear
' all expenses therefor. It shall be understood that
' -32-
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' in such cases the City shall have the option of doing
' such work ui.ti. its o,ca forces or permitting the work
to be done by the Contractor.
The right is reserved to the State, County or City
and to owners of public 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 making repairs to their property.
' The Contractor shall receive no additional compensation
for delays to the work or expenses incurred by reason
of the failure of a public agency or the owner of a
' public utility or franchise to move or relocate his
property and under no circumstances will such delay
or expense be considered as the basis of a claim
against the City on the contract .
' 1-4.04 Changes
The City reserves the right to make such alterations ,
deviations , increases or decreases, additions to or
omissions from the plans and specifications as may be
' required by the Engineer and to require such extra work
as may be determined by the Engineer to be necessary
for the proper completion of the whole work contemplated.
Only when ordered or approved by the Engineer in writing
may any such changes be made and the same shall in no
way affect or invalidate the contract. The Engineer ' s
' written order will specify, in addition to the work to
be done in connection with the change made , the
adjustment of contract time , if any, and the basis of
' compensation for such work.
1-4.05 Final Clean-Up
' Upon completion and before making application for
acceptance of the work, the Contractor shall clean the
street, borrow pits and all ground occupied by him in
' connection with the work of all rubbish, excess materials ,
temporary structures and equipment and all parts of the
work shall be left in a neat and presentable condition.
' -33-
1-5 CONTROL OF TIE WORK
' 1-5. 01 Authority of the Engineer
' The Engineer shall decide all questions which may arise
as to the qual.ity 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 work
during its construction, and shall be furnished with
all 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.
tThe inspection of the work shall not relieve the
Contractor of any of his obligations to fulfill the
contract as prescribed. Defective work or materials
shall be made good, and unsuitable material may be
rejected notwithstanding the fact that such defective
work and unsuitable materials have been previously
' inspected by the Engineer and accepted .
Whenever the Contractor varies the period during which
' work is carried on each day, 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 Engineer will be subject to rejection.
Projects in which other public or private agencies are
involved or have an interest shall be subject to
inspection at all times by their respective agents
or representatives .
' 1-5.03 Interpretation of Plans and Specifications
Should it appear that the work to be done or any
' matter relative thereto is not sufficiently detailed
or explained in the plans, specifications and special
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 .
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In the event of any discrepancbetween any scaled
' dimensions on the plans 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 trough occurring in all . If there
'. should be any inconsistencies in the above doctunents ,
the order of authority and control shall be as follows :
1. Special Provisions , 2. Detail Specifications,
' 3 . Stannard 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 all times during its progress, a
competent superintendant 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 superintendant a.nd shall be as binding
as if -given to the Contractor in person.
' 1-5.05 Errors or Discrepancies Noted by Contractor
If the Contractor, either before commencing work or in
' the course of the work, finds any discrepancy between
the specifications and the plans, or between either
of the above and the physical conditions at the site
of the work, or finds any error or omission in any of
the plans or in any survey, he shall promptly notify
the Engineer in writing of such discrepancy, error or
' omission. If the Contractor observes that the plans
or specifications are at variance with any applicable
law, ordinance, regulation, order, or decree, lie shall
promptly notify the Engineer in writing of such conflict .
The Engineer, on receipt of such notice , shall promptly
investigate the circumstances and give appropriate
instructions to the Contractor. Until such instructions
' are given, any work done by the Contractor, whether
directly or indirectly, after his discovery of such
error, discrepancy or conflict, will be at his own
' risk and he shall bear all costs arising therefrom.
1-5.06 Conformity with Plans and Allowable Deviations
' Finished surfaces in all cases shall conform to the
authorized lines , elevations, grades , cross-sections
and dimensions . Deviations , other than specified
' 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.
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' 1-5. 7 Plans and Working Drs
' 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 alterations 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 supplemented 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 , shop details , erection plans and
bending diagrams for reinforcing steel , which shall be
' approved by the Engineer before any work involving these
plans is performed . Similar plans for cribbing,
falsework, sheeting, form work and centering may also
be required of the Contractor, and if so, shall likewise
' be subject to approval by the Engineer, but only insofar
as the details thereof affect the quality of the finished
work. Details of design will be left to the discretion
of the Contractor who shall be responsible for the
' successful construction of the work.
' It is mutually agreed that approval of the Contractor' s
working 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
responsible for agreement and conformity of his working
drawings with the contract plans and specifications .
' The plans show conditions as they are believed by the
Engineer to exist, but it is not intended or to be
' inferred that the conditions as shown thereon constitute
a representation by the City or its officers that such
conditions are actually existent . Nor shall the City
' or any of its officers be liable 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.
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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 manner acceptable to the Engineer.
' Any work done beyond the lines and grades shown on the
plans or established by the Engineer, or any extra
work done without written authorization 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 failure on the part of the Contractor to comply
promptly with any order of the Engineer made under
the provisions of this subsection, the City may cause
the defective or unauthorized work to be remedied
or removed and replaced at the expense of the
' Contractor.
1-5.09 Survey and Reference Points
' The Engineer shall. establish all reference poir_ts
and survey all lines and grades as he determines
' to be necessary for the execution of the work. Such
surveys shall constitute instructions from the Engineer.
The Contractor shall notify the Engineer in writing
' at least 24 hours in advance of his requirements, and
shall not proceed with the work requiring such surveys
until all necessary points , lines and grades have been
established .
' In the event that the original location of points, lines
and grades proves impractical to maintain during 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 unanti-
cipated actual conditions, said points , lines and
grades shall be relocated at no cost to the Contractor,
if , in the opinion of the Engineer, inadequate
justification for relocation is made , the costs of
' such relocations will be charged to the Contractor.
The Contractor shall carefully preserve all reference
' points , bench marks and other survey points and in
case such stakes and marks are destroyed or damaged ,
they will be replaced at the Eugineer' s earliest
' convenience, The Contractor may be charged for the cost
of replacing or restoring stakes and marls destroyed
or da::iaged by reason of his negligent operations .
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The Contractor shall furnish the Engineer such
facilities and labor necessary for setting and
maintaining points and lines as lie may require.
' 1-5.10 Equipment and Plant
The Contractor shall furnish equipment and materials
production plants suitable to produce the quality of
work and materials required to 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 progress of the work. No worn or obsolete
equipment shall be used and in no case shall the
' manufacturer ' s rating of capacity be exceeded . The
Contractor, when ordered by the Engineer, shall remove
all unsuitable equipment from the work and discontinue
' the operation of unsatisfactory material production
plant. The Engineer shall have access to all
plants for material inspection.
' All vehicles used to haul materials over existing high-
ways shall be equipped with pneumatic tires .
' 1-5. 11 Character of Workmen
The Contractor shall employ only competent foremen,
' laborers and mechanics . If any sub-contractor,
superintendent , foreman, laborer or other person employed
on the work by the Contractor shall appear to the Engineer
to be intemperate, incompetent, troublesome or
' otherwise undesirable, he shall be removed immediately
from the work on the request of the Engineer, and such
person shall not again be employed on the work.
1-5.12 Final Inspection
' When the work provided and contemplated by the contract
has been completed and the final cleanup performed,
the Engineer will make the final inspection.
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1-6 CON' IOL_OF MATERIALS
' 1-6.01 Source of Supply and (duality of Materials
The Contractor shall furnish all materials required
to complete the work, except such materials as are
designated in the special provisions to be furnished
by the City. The Contractor will be held responsible
' for all 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
new unless otherwise specifically provided in the
specifications, on the plaits or in the special
provisions . Only materials conforming to the
' requirements of the specifications and approved by the
Engineer shall be incorporated in the work.
' At the option of the Engineer, the source of supply
of eac,i of the materials shall be approved by him
before the delivery is started . All materials
' proposed for use may be inspected or tested at any time
during their preparation and use . After trial, if it
is found that sources of supply which have been approved
do not furnish a uniform product, or if the product
' from any source proves unacceptable at any time, the
Contractor shall furnish approved material from other
approved sources . No material which, after approval,
has in any way become unfit for use, shall be used
in the work.
' 1-6.02 Sample and 'Tests
The Contractor shall notify the City a sufficient time
in advance of the manufacture or production of materials
' to be supplied by the Contractor under this contract
in order that the City may arrange for required
inspection and testing of same .
Representative preliminary samples of the nature and
quality prescribed shall be submitted by the Contractor
' or producer of all materials to be used in the work
for testing or examination as desired by the Engineer.
All tests of materials furnished by the Contractor
shall be made in accordance with the methods in use
' by nationally recognized testing organizations and
such special methods and tests as prescribed in the
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' 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 whenever necessary to determine
the quality of material . City shall pay the cost of
each first test ; Contractor shall pay the cost of all
' tests thereafter.
1-6.03 Defective Materials
' All materials not conforming to the requirements of the
specifications shall be considered as defective and
' all such materials, whether in place or not, shall be
rejected and shall be removed immediately from the
site of the work unless otherwise permitted by the
Engineer. Upon failure on the part of the Contractor
' to comply with any order of the Engineer made under the
provisions of this subsection, the City shall have
authority to remove and replace defective material. at
' the expense of the Contractor.
1-6.04 Storage of Materials
' All materials for use in the work shall be stored by
the Contractor in such a manner as to prevent damage
from exposure to elements, admixture of foreign
' materials or from any other cause . Materials shall
also be stored so as to facilitate prompt inspection.
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1-7 LEA RELATIONS AND RESPONSIBIITIES
' 1-7.01 Observing Laws and Ordinances
The Contractor shall keep himself fully informed of
all State and national. laws , County and City ordinances
and regulations which in any manner affect those
engaged or employed in the work, or the ;,;aterials
used in the work, or which in any way 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 , regulation, order
' or decree, he shall forthwith report the same to the
Engineer in writing. The Contractor shall at all times
observe and comply with all such laws, ordinances ,
regulations, orders or decrees , and shall protect and
indemnify the City, the Engineer, and all officers
and agents of beth, against any claim or liability
arising from or based on the violation of any such law,
' ordinance, regulation, order or decree, whether by
himself or his employees . Special attention is directe :
to the following sections of the various codes of the
State of California:
1-7.01 .1 Prevailing Wage
' The Contractor shall forfeit as penalty to the
City of San Juan Capistrano twenty-five dollars
($25) for each calendar day or portion thereof,
'
for each workman paid less than the general
prevailing wage rates stipulated for any work done
under the contract by him or by any sub-contractor
' under him, 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
Juan Capistrano has ascertained the general
prevailing rate of wages in the locality in which
the work is to be performed for each type of
workman needed to execute this contract. The
' hourly wage rates, the rates of per diem wages
and the rates of overtime and holiday work, are
based on the latest revision of the Southern
' California master Labor Agreement and are on file
in the offices of the City Engineer and the City
Clerk.
' The wage rates set forth are the minimum that may
be paid by the Contractor. Nothing contained herein
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Ohall be construed as prevoting the Contractor
from paying more than the minimum rates set forth.
' The City will not recognize any claim for additional
compensation because of the payment by the Contractor
of any wage rate is execs-- of the provailing wage
' rate so set forth. The possibility of wage increases
subsistence, travel time, overtime, welfare benefits
or other added compensations are elements to be
considered by the Contractor in determining his
bid and will not. under any circumstances, be
considered as the basi-� of a claim against the
City on the contract .
' 1-7.01 .2 Hours of Labor
The Contractor shall forfeit as penalty to the
City of San Juan Capistrano twenty-five ($25)
dollars for each workman employed in the performance
' of the contract, by him or by any subcontractor
under him, for each calendar day during which any
workman is required or permitted to labor more
than eight (8) hours in violation of the provisions
of the Labor Code and, in p ,rticular, Section 1810
to Section 1815 inclusive, thereof ,
The Contractor shall keep full , true and accurate
records of the names of, rates paid to, and actual
hours worked by, all workers and laborers employed
' under this contract and shall allow access to the
same at any reasonable hour to the City, its agent
or representatives as contemplated under the
provisions of said Labor Code.
1-7.01.3 Labor Discrimination
' Section 1735 of the Labor Code reads as follows:
"No discrimination shall be made in the employment
of persons upon public works because of the race ,
color, national origin or ancestry, or religion of
such persons and every contractor for public works
violating this Section is subject to all the penalties
' imposed for a violation of this Chapter."
1-7.01.4 Employment of Apprentices
' Attention is directed to the provisions in
Sections 1777.5 and 1777.6 of the Labor Code
concerning the employment of apprentices by the
' Contractor or any sub-contractor under him.
Section 1777. 5, as amended, requires the Contractor
or sub-contractor employing tradesmen in an appren-
ticeable occupation to apply to the joint apprentice-
ship committee nearest the site of the public works
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4iroject and which adminis t s 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 employmen'. of
' apprentices .
1-7 . 01 . 5 Contractors Licensing laws
' Attention is directed to the provisions of Cbapter 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 bidder or
Contractor not so licensed is subject to the
' penalties imposed by such laws.
1-7 .02 Insurance
' The Contractor shall carry public liability insurance
in an amount not less than $500 , 000 for injuries,
' including accidental death, for one person , and subject
to the same limit for each person in an amount not less
than $1 ,000 , 000 on account of any one accident and
property damage insurance in an amount not less than
' $500, 000 .
The Contractor shall likewise obtain public liability
' and property damage insurance to cover vehicles used
or maintained by him whether on or off the premises ,
with liability limits of not less than $250 , 000 for
' any one person and $500 , 000 for any one accident , and
property damage of $100 ,000. The insurance amounts
set forth herein are the; minimum amounts required by
the City. Other agencies with which the Contractor
may be involved in the accomplishment of the work may
require greater amounts. 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 in
determining his bid.
Said policy or policies of insurance shall name the
City of San Juan Capistrano as an additional insured,
and shall provide for ten (10) days notice to the City
' of San Juan Capistrano prior to cancellation of said
policy or policies of insurance.
Workmen' s compensation and employer ' s liability
insurance shall be maintained during the life of the
contract covering all employees on the project . In
' case any employees engage in hazardous work under this
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' con0act and are not protected Tinder the Workmen's
Compensation Act , the Contractor shall provide, or cause
to be provided, appropriate insurance for the protection
of all such employees not otheriise protected.
' The Contractor shall be responsible for the insurance
coverage, as herein provided , 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
t deduct and retain the amount of the premiums for such
insurance from any sums due under the contract.
' The Contractor at his own cost, expense and risk, shall.
defend any and all actions , sui ;,s 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 its principals in any such action,
suit or legal proceedings or result thereof .
' Nothing herein contained shall be construed as limiting
in any way the extent to which the Contractor may be
' held responsible for payment of damages to persons or
property resulting from his operations or of that of
any subcontractors under him.
' 1-7.03 Responsibility for Damage
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 any part thereof ; or for injury
' or damage to any person or persons, whether workmen or
the public ; or for damage to the adjoining property from
any cause whatsoever during the progress of work.
' The Contractor shall indemnify and save harmless the City,
the City Council , the Engineer and their authorized
representatives from any and all suits, claims or
' actions brought by any person or persons for, or on
account of, any injuries or damages sustained in the
construction of the wort: or by or in consequences of
' any improper materials used in its construction, or
by or on account of any act or emission of the Contractor
or his agents .
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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 .
1-7.04 Contractor ' s Responsibility for Work and
t 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 other cause whether arising from the execution
' or from the non-execution of the work. The Contractor
shall rebuild , repair, restore and make good all injuries ,
losses , or damages to any portion of "lie work or the
' materials occasioned by any cause before final
acceptance , and shall bear the expense thereof, except
for such injuries, losses , or damages occasioned by the
activities of the Federal Government, or the public
' enemy.
The suspension of the work for any cause whatsoever shall
not relieve the Contractor of his responsibility for the
work and materials as herein specified .
' 1-7.05 Personal Liability
Neither the City Council, the Engineer nor any other
officer, authorized representative or agent of the
' City shall be personally responsible for any liability
arising under the contract .
1-7.06 Preservation of Property
The Contractor will be held 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 avoid and prevent any damage
or injury thereto as a consequence of his operations .
1-7.06. 1 Above-Ground Facilities
Roadside trees and shrubbery that are not to be
removed and pole lines , fences , signs , survey markers
and monuments , buildings , and other structures .
' conduits and pipe lines above ground and any other
existing improvement or facilities within or adjacent
to the work which are not to be removed shall be
' protected from injury or damage. The Contractor
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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 oncrations, they shall be replaced
' or restored to an approved condition at the
Contractor ' s expense .
' 1-7.06 . 2 Underground Facilities
The Contractor shall protect from injury or damage
all existing underground conduits, pipe lines ,
' irrigation lines , drainage facilities and other
facilities within or adjacent to the work which are
not to be removed . The location and description
' of underground facilities shown on the plans are
in accordance with available records , but should
be considered as approximate only.
' Attention is directed to the possible existence of
underground facilities not known to the City or in a
' Location different from that which is shown on the
plans . The Contractor shall be responsible to
ascertain the exact location of all underground
facilities shown on the plans, or otherwise made
' known to him, prior to doing work that may damage
such facilities or interfere with their service.
The fact that any underground facility is not
' shown upon the plans but is otherwise made known
to the Contractor shall not relieve him of his respon-
sibility under this subsection.
On the order of the Engineer, the Contractor shall
repair or replace at his expense , and to the
satisfaction of the Engineer and the owners thereof ,
' any damaged or impaired underground facility which
was shown on the plans , regardless of the fact that
the location may have been shown erroneously, or
' which was made known to the Contractor prior to
being damaged . In the event underground facilities
of which the Contractor had no prior knowledge are
damaged or impaired, and if in the judgcient of the
Engineer, such damage was not caused by negligence
or carelessness on the part of the Contractor, they
will be repaired or replaced at City expense as
' determined by the Engineer.
When any underground facility not shown on the plans
' requires relocation due to interference with the
work to be done , the Engineer will arrange with the
owners of the underground facility for the required
'
relocation. All such relocations will be performed
at no expense to the Contractor. In the event the
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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 Convenience and Safety
1 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 witt: due regard to the right of the public,
' or as directed in the specifications or special pro-
visions.
' Unless otherwise 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 inter-
secting street or road shall be closed at any one
time without the approval of the Engineer.
' Construction operations shall be conducted in such a
manner as to cause as little inconvenience as possible
to abutting property owners .
' Convenient access to driveways, houses , and buildings
along the line of work shall be maintained and temporary
crossings shall be provided and maintained in good
' condition. Residents along the line of work shall be
provided passage as far as practicable.
Whenever the Contractor ' s operations create a condition
hazardous to traffic or to the public , lie shall furnish
and maintain as necessary, at his expense and without
'. •• cost to the City, such flagmen or guards, fences,
barricades , lights, signs and other devices as are
determined by the Engineer to be required to give
adequate warning of any dangerous conditions to be
' encountered and to prevent accidents and avoid damage
or injury to the public . The Contractor shall also
erect and maintain such warning and directional signs
' as may be furnished by the City.
Water or dust palliative shall be applied as necessary
' for the alleviation or prevention of dust nuisance as
provided in the detail specifications.
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1-7.O8 Employee Safety
Reasonable precautions shall at all times be exercised
for the safety of employees on the work and applicable
' provisions ofthe State and local laws and building
and construct ion codes shall be observed.
All machinery and equipment and other physical hazards
' shall be guarded in accordance with the safety provisions
of the Manual of Accident Prevention in Construction
of the Associated General Contractors of America unless
' such provisions are incompatible with State , County
or Municipal laws or regulations , in which event such
State, County or Municipal laws or regulations shall
' govern.
1-7.09 Sanitary Conditions
The Engineer may from time to time prescribe the rules
and regulations for maintaining sanitary conditions
along the work and the Contractor shall enforce
' observance of the same by his employees, and the
employees of subcontractors . If the Contractor fails
to enforce Chese rules and regulations , the Engineer
' shall have authority to enforce them and any expense
shall be the Contractor ' s.
1-7. 10 Permits and Licenses
The City will obtain Orange County Flood Control and
State Highway permits required for the accomplishment
' of the work. The Contractor will be required to obtain
a City Business License and, when applicable , any and
all Railroad and all other permits required for
' accomplishment of the work.
1-7.11 Patented and Specified Articles
' Whenever in the specifications any material or process
is indicated or specified by patent or proprietary name
or by name of manufacturer, such specifications shall
' be deemed to be used for the purpose of facilitating
description of the material and/or process desired and
shall be deemed to be followed by the words "OR APPROVED
' EQUIVALENT, " and the bidder, in the proposal submitted
by him, may offer any material or process which shall
be equal in every respect to that so indicated or
specified ; provided however, that he shall set out in
the proposal , first, the price of the material or
process so offered, and second, the price of the material
or process so indicated or specified .
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If the bidder shall not offer any substitute in said
' proposal or if a subsCitute so offered by the bidder
is not found by the Engineer to equal that so indicated
or specified, then the Contractor shall furnish or
install the material or process indicated or specified
by name , if one 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
t agroe to indemnify and save harmless the City, the
City Council , the Engineer and their duly authorized
representatives from all suits 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 plans , or approved by the Engineer in writing,
' which will divert drainage water from its existing
course. If, during the Contractor ' s operations , he
should damage , alter or cause water to be diverted from
any existing drainage course , lie shall , at his expense , .
' restore said drainage course to its original condition
to the satisfaction of the Engineer.,
1-7. 13 Employment Preference
' In the employment of labor, the Contractor shall give
' preference , other things being equal, to honorably
discharged members of the armed forces of the United
States, but there shall be no other preference or
discrimination among citizens of the United States.
1-7. 14 Cooperation
' Should construction be under way by other forces or
by other Contractors within or adjacent to the limits
of the work specified or should work of any other nature
' be under way by other forces within or adjacent to said
limits , the Contractor shall cooperate with all such
other Contractors or other forces to the end that any
delay or hindrance 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 Contractor shall use the utmost care
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' to not endanger life or property. All explosives
shall be stored in a secure manner in accordance with
the provisions of Division XI of the Health and Safety
' Code, Chapter 3 , as amended , and shall comply with all
State and County laws , ordinances and regulations
governing such use. All such storage places shall
be clearly marked "DANGEROUS - EXPLOSIVE^. "
' 1-7. 16 Right-of-Way
' The City shall provide the permanent right-of-way upon
which the work under this contract is to be done ,
together with any temporary construction easements as
' shown on the plans.
The City will not be responsible for any delay in
furnishing same and any such delay shall not be made
' the basis of a claim for additional compensation by
the Contractor. However, the time allowed for completion
of the contract will be extended by a period of time
' equal to that lost by the Contractor due to such delay.
The Contractor shall, at his own expense, provide for
' the temporary use of additional land if required for
the construction work, for the erection of temporary
construction facilities and storage of his materials,
together with right of access thereto.
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1-8 PROSECUTION AND PROGRESS
1-8.01 Subletting 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 recognized 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
specifications .
' All subconi:racts 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 . The
terms of that contract shall be made a part of such
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 which has been subcontracted
' by the Contractor is not being prosecuted in a satis-
factory manner or fails to comply with the require-
ments of the principal contract . In such an event,
the subcontractor shall be removed immediately from
the work and shall. not again be employed on the work.
No assignment by the Contractor of the contract to
' be entered into hereunder, or any portion thereof,
shall be made for any purpose other than for use as a
collateral and then only after the surety has con-
sented thereto in writing, and after such assignment
has been approved in writing 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 liens and claims
' for services rendered or materials supplied for the
performance of the work called for in the contract .
1-8.02 Schedule of work
' The Contractor shall submit to the Engineer prior to
starting work on the contract , a practicable schedule
showing the order in which the Contractor proposes
to carry out the work, the dates on which he will
start the salient features of work and the contemplated
' dates for completing these salient features . This
schedule shall be consistent , in all respects, with
the time of completion requirements of the contract .
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1 If required by the Engineer, the Contractor shall
submit supplementary progr :s:_: schedules which shall
indicate approximately the percentage of work
1 scheduled for completion at any time .
1-8.03 Time of Completion
1 The Contractor shall, complete the work called for
under the contract in all parts and requirements
within the time of completion requirements of the
1 contract as set forth in the proposal . Completion
of the work shall be defined as that time when the
Engineer provides written notification to the con-
tractor that the work has been completed to his
satisfaction. This should not be confused with the
formal acceptance of the facilities by the City
Council .
1 1-8.04 Liquidated Damages
1 It is agreed by the parties to the contract that in
case all the work called for under the contract is
not completed before or upon the expiration of the
1 time of completion limit as set forth in the proposal ,
damage will be sustained by the City of San Juan
Capistrano and that it is, and will be , impracticable
to determine the actual damage which the City will
1 sustain in the event of, and by reason of, such delay
and it is therefore agreed that the Contractor will pay
to the City of San Juan Capistrano the sum of one
1 hundred dollars ($100) per day for each and every day
of delay beyond the time prescribed to complete the
work; and the Contractor herein agrees to pay such
1 liquidated damages as herein provided for, and further
agrees that the City of San Juan Capistrano may deduct
the amount thereof from any monies due or that may
become due to the Contractor under the contract. It
1 is also understood and agreed that , should the Con-
tractor fail to furnish the plant , materials, and
equipment, and perform all work herein set forth in
1 a good and workmanlike manner, he shall , in addition
to any other penalties provided in the contract docu-
ments, be liable to the City for all losses or damages
1 that the latter may suffer on account thereof .
It is further agreed that in case the work called for
1 under the contract is not furnished and completed in
all parts and requirements within the time specified,
the City Council shall have the right to extend the
time for completion or net , as it may deem best to
1 serve the interest of the City, and if it decides
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
1 cost of engineering, inspection, superintendence ,
and other overhe:td expenses which are directly
-52-
chargeable to the contract , an1which 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 not be assessed with liquidated
damages nor the cost of engineering and inspection
during airy portion of the delay in the c_)mpletion of
t the work caused by acts of God or of the public
enemy, fire , floods , epidemics , quarantine restrictions,
strikes , freight embargoes , failure to move or
t relocate public utilities by the owners thereof,
which interfere with the progress of the work, or
delays of subcontractors due to such causes ; provided
that the Contractor shall notify the Engineer in
' writing of the causes of delay within ten (10)
days from the beginning of any such delay. The
Engineer shall ascertain the facts and the extent of
' the delay, and itis findings of fact thereon shall be
final and conclusive,
' 1•-8.05 Temporary Suspension of work
The Engineer shall have the authority to suspend the
work, wholly or in part by written direction, for such
' period as he may deem necessary , clue to unsuitable
weather or to sucli other conditions as are considered
unfavorable for the suitable prosecution of the work
' or for such time as he may deem necessary due to the
failure on the part of the Contractor to carry out
order given, to prosecute the work diligently, or
' to perform any provision of the contract . The
Contractor shall immediately obey such direction of
the Engineer and shall not resume the work until
' directed or approved in writing by the Engineer.
If the Contractor should neglect. to prosecute the
work properly or fail to perform any provisions of
t this contract, the City, after three (3) days ' written
notice to the Contractor, may, without prejudice to
any other remedy it may have , make good such deficiencies
' and may deduct the cost thereof from the payment then
or thereafter due the Contractor ; provided , however,
that the City Engineer shall approve such action and
' certify the amount thereof to be charged to the
Contractor .
In the event that a suspension of work is ordered , as
'
provided above, by reason of the failure of the
Contractor to carry out orders , to pevlorin any pro-
visions of the contract 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 cevca
' for use by public traffic during the period of : uch
-53-
1
' sus•Sion, The days on which such suspension order
'
is in effect riny 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 unsui_table weather or other
unsuitable conditions which, in the judgment of the
Engineer, are not the fault of 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 option 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 considered as part of the time requirements
of the contract . In the event of a suspension of. work
' under any of the conditions as set forth above , such
suspension of work shall not relieve the Contractor
of his responsibilities as set forth in Section 1-7.
1-8.06 Termination of Contract
' In the event that any of the provisions of this
contraot are violated by the Contractor or by any
subcontractor under any subcontract on the work; the
City may terminate the contract by serving written
' notice upon the Contractor of its intention to ter-
minate such contract and , unless within ten (10)
days after the serving of such notice , such violation
' shall cease, the contract shall, upon the expiration
of said ten (10) days , cease and terminate . As to
violations of the provisions of the contract which
' cannot be remedied or corrected within ten (10) days ,
said contract shall, at the option of the City,
cease and terminate upon the giving of like notice.
In the event of any such termination for any of the
reasons above-mentioned, the City may take over the
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 any such termination, and the City may take
possession of and utilize in completing the work,
such materials, appliances and plant as may be on the
site of work and necessary therefor.
' Should the Contractor fail or refuse to proceed with
the work on notice of the Engineer to proceed; should
the Contractor be adjudged a bankrupt or make a general
' assignment for the benefit of creditors or should a
receiver be appoint-ad on account of insolvency of the
Contractor; should the. Contractor persistently or
' repeatedly refuse or fail , except in cases for which
1 -54-
' an evension of time is provide to supply enough
properly skilled workmen 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 laws, ordinances
or the instructions of. the City or its duly authorized
' engineers , inspectors or representatives, 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 the 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 deem expedient. In such case
the Contractor shall not be entitled to receive any
further payment until the work is finished . If the
' unpaid balance of the contract price shall exceed
the expense of finis;.ing the work. including compen-
sation for additional managerial and administrative
services, such excess shall be paid to the Contractor.
' If such expense shall exceed such unpaid "balance,
the Contractor shall pay the difference to the City'.
The expense incurred by the City as herein provided,
' and the damage incurred due to the Contractor' s
default, shall be certified by the City Engineer.
' In case this contract, or any alterations or modifica-
tions thereof be thus terminated, the actions of the
City shall be conclusive and said Contractor shall
not be allowed to claim or receive any compensation
or damages for not being allowed to proceed with the
work.
1
' -55-
1-9 mEAWEmENT AND PAYMENT •
1-9.01_ measurement of Quantities
All work to he paid for at a contract price per unit
' of measurement will be measured by the Engineer in
accordance with the United States Standard measures .
A ton shall coneist of 2,000 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 the State Bureau of weights and
Measures or its 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 and measures . The Contractor
shall have all scales inspected by the State Bureau
' of weights and measures as often as the Engineer may
deem necessary to ascertain the accuracy of such
scales.
' The Engineer may require the Contractor to furnish a
Public Weighmaster' s certificate or certified daily
summary weigh sheets . In such cases , a duplicate
' weigh slip or a load slip shall be furnished to each
vehicle weighed Mid the slip shall be delivered to
the Engineer daily at the point of delivery of the
'
material , or at such lesser intervals as may be re-
quired by the Engineer.
If material is shipped by rail, the car weights will
' be accepted, provided that actual weight of materia).
only will be paid for and not minimum car weight used
for assessing freight tariff , and provided further
that car weights will not be acceptable for material
to be passed through mining plants .
' Unless otherwise provided , material paid for by the
cubic yard will be measured in the vehicle at the
point of delivery or at a mixing plant, as the case
may be. All materials which are specified for
' measurement by the cubic yard "measured in the
vehicle" shall be hauled in vehicles of such type and
size that the actual contents may be readily and
' accurately determined.
Lineal or areal quantities of work shall be considered
' as being the horizontal lineal or areal quantities
determined from measurements or dimensions of such
work made or computed in horizontal planes in
accordance w 4 details shown on the plans , unless
otherwise specified .
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1
' Quantities of materials in structures will be
measured and/or calculated in accordance with the
dimensions shown on the plans .
' When liquid measure is applicable , the material
shall be delivered in standard containers or tanks
which have been calibrated and certified by a
representative of the State Bureau of Weights and
Measures.
' 1-9. 02 Scope of Payment
The Contractor shall accept the payment, stipulated
in his proposal , subject to any additions thereto or
deductions therefrom which may be made in accordance
with the provisions of the contract documents and
computed upon the basis of the actual quantities in the
' completed work, as full compensation for furnishing
all materials, labor, tools, and equipment necessary
to the completed work and for performing all work
' contemplated and embraced under the contract in
strict accordance with the plans and specificaticns ;
also for loss or damage arising from the nature of
the work, or from the action of the elements , except
as hereinbefore provided, or from any unforeseen
difficulties which may be encountered during the
prosecution of the work until the final acceptance
' by the City Council and for all risks of every dese:ip-
tion connected with the prosecution of 'the work,
also for all expenses incurred in consequence of the
suspension or discontinuance of the work as herein
specified ; and for satisfactorily completing the
work according to the plans and specification.
Neither the payment of any estimate nor of any
' retained percentages shall relieve the Contractor of
any obligation to make good any defective work or
material. All labor and materials not specifically
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 extra compensation
shall be made for them.
1-9 .03 Progress Payments
' The Contractor shall make a written request of the
Engineer for monthly payments . This written request
shall contain an accounting of the total amount of
the work done and materials furnished by the Contractor
and incorporated into the work. In estimating such
value, the Engineer may take into consideration,
' along with other facts and conditions 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 circcunstancas , approve one additional
monthly p-ayment .
' -57-
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 , cosi: and quantities of materials
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 retain ten percent (10`x) of such
' estimated value as part security for the fulfillment
of the contract by the Contractor and shall, within
ten (10) days after approval by the City Council , pay
to the Contractor the balance of such estimated
' value , after deducting therefrom 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
preceeding in accordance with the provisions of the
contract, or when in his judgment , the total value
tof such payment would be less than $300.
No such estimate or payment shall be construed to be
' an acceptance of any defective work or improper
materials ,
1-9.04 Deductions from Payments
' The City of San Juan Capistrano, by any of its
appropriate officers., may at its option and at any
' time retain out of any amounts due the Contractor,
sums sufficient to pay laborers and mechanics employed
on the work the difference between the rate of wages
' required by this contract to be paid and rate of wages
actually paid to such laborers and mechanics , if
less than that specified, and to recover any other
unpaid claims.
1-9 .05 Extra work
' New and unforeseen work, which in the judgment of the
Engineer is found necessary or desirable for the
satisfactory completion of the work, will be classed
' as extra work, as well as work specifically designated
as such in the plans or specifications . The Contractor
shall do such extra work and furnish material and
equipment therefor as directed by the Engineer in
' writing. No extra work will be paid for or allowed
' -58
' unl�s the same was done upon WZ'itten order of the
Engineer and a.:Cter 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 foll.oving
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. A price mutually agreed upon in writing
by the Engineer and Contractor.
3 . Force account as hereafter provided.
' All extra work 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 wor.c done. The decision of the
Engineer as to whether extra work has in fact been
performed shall be conclusive and binding upon both
' parties to the contract.
1-9.06 Force _Account
' When extra work is 'to be paid for on a force account
basis, compensation will be determined as follows:
' 1-9.06. 1 Materials
A sum equal to the actual cost to the
Contractor of the materials furnished by him,
as shown by his paid vouchers, plus fifteen
percent (15%) . only materials incorporated
' in the work shall be paid for. The City
reserves the right to furnish such materials
as it deems advisable , and the Contractor
' shall. have no claims for costs or profit on
such materials .
' 1_9 .06 . 2 Labor
The actual wages paid as shown on certified
copies of Contractor' s payroll, for all labor
'
directly engaged in the work and including
the cost of any compensation insurance fox-
by the Contractor, subsistence and travel
' allowance paid to such workmen as required
by collective bargaining agreements plus
fifteen percent (15%) .
' -59-
' • 1-9,06 .3_ Equipmen•
Equipment will be paid for as a rental charge
whether owned by the Contractor or no!., and
' said rental r-Les prevailing in the City for
comparable equipment will be paid by the
City plus fifteen percent (150) . No payment
will be allowed for the use of small tools
' and minor items of equipment which, as used
herein, are defined as individual tools
or pieces of equipment having a replacement
' value of fifty dollars ($50) each or less .
It is mutually agreed that the fifteen percent
' (1570) wizich is added to the respective costs
is full compensation for all other items of
expense, including overhead , superintendence,
use of small tools , other insurance and profit .
1 1-9007 Final Payment
When the Contractor has satisfactorily completed the
work he shall request a final inspection be made by
the Engineer as soon as practical . Upon completion
' of the final inspection and completion of requested
corrections , if any, the Contractor shall prepare
claims for final payment as based on certified
weighmaster ' s certificates and/or field measurements
' and then arrange a meeting with the Engineer to resolve
any differences that may exist . Upon agreement as to
quantities of the various items of work done and
approved change orders and/or extra work accomplished,
the Contractor shall prepare and submit his final
billing to the City in triplicate. The City sha.11
t pay the entire sum so found to be due after deducting
therefrom all previous payments and all amounts to
be retained under the provisions of the contract.
All prior progress estimates and payments shall be
subject to correction in the final estimate and
payment . The final payment of the monies retained
shall not be due and payable until the expiration of
' thirty-five (35) days from the date of filing, in the
office of the County Recorder, the Notice of Completion
of the work by the City. No certificate given or
t payment made under the contract, except the final
certificate or final payment, shall be conclusive
evidence of the performance of the contract, whether
wholly or in part. No certificate or payment shall
' be construed to be an acceptance of any defective
work or improper materials .
-60-
1-10 GUARANTY
' The Contractor shall guaranty the work against defective
material or workmanship for a period of one year from
' the date of completion of the contract . Damage due to
acts of God or from sabotage and/or vandalism are
specifically excepted from the guaranty.
When defective material and/or workmanship are discovered
which require repairs to be made under this guaranty,
all such work sliz.11 be done by the Contractor at his
' own expense within five (5) days after written notice
of such defects has been given to him by the City.
Should the Contractor fail to repair such defective
material or workmanship within five (5) days thereafter ,
the City of San Juan Capistrano may cause the necessary
repairs to be mad-- and charge the Contractor with the
actual cost of all labor and materials required, In
' emergencies demanding immediate attention , the City
of San Juan Capistrano shall have the right to repair
the defect and charge the Contractor with the actual
' cost of all labor and material required. Any repair
work p--rformed herein specified shall be done under the
provisions of the original contract specifications ,
' The Contractor shall arrange to have his faithful
performance bend run for a period of one year after
' the date of completion of the contract to cover his
guaranty as set forth above .
t
1
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1-11 LABOR AND MATERIAL BOND
' The Labor and Material Bond shall be released at the
expiration of thirty-five (35) days from the date of
filing, in the office of the County Recorder, the
Notice of Completion of the work by the City, providing
no claims have been made against the Contractor.
1
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' -62-
' 2 - DETAIL SPECIFICATIONS
INDEX
' Section Title Page
' 2-1 DUST CONTROL 64
2-2 EXISTING HIGHWAY FACILITIES 65
2-3 CLEARING AND GRUBBING 66
2-4 MISCELLANEOUS REMOVAL AND/OR 67
RELOCATION
2-5 WATERTNG 68
2-6 EARTHWORK 69
' 2-7 SUBGRADE PREPARATION 74
2-8 AGGREGATE BASE 75
' 2-9 ASPHALT CONCRETE 76
' 2-10 CONCRETE STRUCTURES 78
2-11 MANHOLES 80
' 2-12 ST0R11 DRAIN PIPE 81
2-13 SANITARY SEWER PIPE 82
2-14 TESTING PIPELIivES FOR LEAKAGE 83
' 2-15 JACKING OF STEEL CASING 84
2-16 TRENCH RESURFACING 86
' 2-17 SHEETING, SHORING AND BRACING 87
2-18 TRAFFIC AND DETOURS 89
' 2-19 PERMITS 90
-G3-
' 2. 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;
' {Yater and/or dust palliative shall be furnished
and applied by the Contractor at his own expense
tand no additional payment will be allowed .
1
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1
1
1
1
1
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' -64-
1
2-2 EXISTING IIIGIIWAY FACILITIES
' The removal or relocation of existing highway facilities
shall conform to Section 15 of the Standard Specifications,
' except as modified herein.
2-2.01 Adjustment of Manholes and Water Valve Boxes
' The provisions of Section 15-2. 05A of the Standard
Specifications pertaining to the adjustment of
' manholes and water valve boxes to grade , shall be
superseded by the following :
Existing manholes and water valve boxes
' shall be lowered 1 .0 foot below future
subgrade . Both shall be properly sealed
so as to eliminate entry of foreign
' material. The complete structural section
shall be placed over these manholes and
water valve boxes after which the Con-
tractor shall raise them to the proper
grade and patch the paving as a separate
operation. The Contractor shall remove
any material that might enter the sewer
' or water valve box due to construction.
1
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' -65-
1
2-3 CLEARING AND GRUBBING
' Clearing and grubbing shall conform to the provisions of
Section 16 of the Standard Specifications, except as modified
' herein.
The provisions of the first paragraph of Section 16-1 .05 of the
Standard Specifications shall be superseded by the following:
' Clearing 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 special provisions .
If it is determined by the Engineer that substantial
' small-root growth is encountered in the area below
the natural ground 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 grubbed of small-root
growth.
' -66-
2-4 MISCELLANEOUS REMOVAL AND/OR RELOCATION
' The removal and/or relocation of non-highway facilities ,
incidental to the construction, shall he accomplished at
' the direction of the Engineer.
1
-E7-
' 2-5 WAFERING 0
The provisions of Section 17 of the Standard Specifications
are supplemented by the following;
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 expense and no additional payment will
be allowed.
-68-
1
' 2-6 EARTHWORK
2-6.01 Structure Excavation, Backfill
' 2-6.01. 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 permission of the Engineer
the trench shall not be open for more than
' four hundred (400) feet total , including
excavation, forming and placing concrete
for structures , pipe laying and backfilling,
at any one location. Work in more than one
' \ location will require approval , prior to
construction, by the Engineer.
' It is estimated that there may be surplus
excavation material whl„h, unless noted
otherwise on the plans or in the special
' provisions , shall become the property of
the Contractor and shall be disposed of
in accordance with the provisions in
Section 7-1 . 13 of the Standard Specifications .
' A written permit from property owners shall
be required .
2-6.01. 2 Structure Excavation
Barriers shall be placed at each end of the
excavations and at such places as may be
deemed necessary by the Engineer. Lights
shall also be placed along excavations from
sunset each day to sunrise of the next day
' until such excavation is entirely refilled .
A. C. pavement removal , where required, shall
be classified as an item of excavation. The
original A .C. pavement cut may be performed
by any means the Contractor may select.
' However, after attaining satisfactory com-
paction and prior to resurfacing the area ,
all A.C. pavement cuts shall be sawed to
provide a sawed edge abutting all areas or
' resurfacing, except where the resurfacing
abuts Portland cement concrete improvements .
Saw cuts shall be to minimum depth of one and
' one-half (ll) inches .
The Contractor shall obtain from the public
' Works Department a permit to excavate in the
Cit;; street .
-69-
' • 2-6.01 .3 StructuraP Backfill
' All excavations shall be backfilled as soon
as permitted under the specification so that
t when the job i•3 closed down for the day the
open excavation will be kept at a minimum
and adjacent 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 unless well dispersed in the back-
fill area under the direction of the Engineer,
and shall be placed as herein specified .
' The provisions 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 excavatic_i is within the
limits of a traveled way with an
existing wearing surface. Then
structure backfill within 0. 50 foot
of the grading plane shall be com-
pacted to not less than 95 percent
relative compaction throughout the
excavated area of the traveled way
plus one (1) foot on each side thereof.
' Relative compaction shall be determined
as specified in Section 2-6.04 of these
Detail Specifications .
The City will acquire the services of an
approved laboratory for the purpose of
' testing the compaction of the backfill .
Of the tests required within each, area
specified by the Engineer, the initial
' test shall be at the City' s expense ; all
re-tests shall be at the Contractor ' s
expense.
' Backfill of any excavation within the right-
of-way of County highways , State highways,
railroads or other agencies shall be in
accordance with the requirements of and to
the satisfaction of the agency concerned.
1
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1 -70-
1
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 covering any
' rock placed for this purpose and , unless
there is a bid item for rock bedding in the
proposal , payment will be made from this
' invoice as follows :
a. material - Cost of rock placed
' as shown on invoice, plus sales
tax.
b. Labor and Equipment - 15 percent
' of cost of rock, only, as shown
on invoice .
C. Overhead and Profit - 15 percent
of the sum of the cost of rock,
only, as shown on the invoice,
' plus labor and equipment as
•specified above .
2-6.02 Basement Material
1 2-6.02. 1 Compacting Original Ground
The provisions of Section 19-5 of the
Standard Specifications are superseded by
the following:
Compaction of original ground within
the width of the grading plane will
' not be required, but sub.-rade pre-
paration shall be required as provided
in the Standard Specifications as
modified herein.
' If the undisturbed original ground in
shoulder areas within 0. 50 foot of
finished grade has a relative
compaction of less than 90 percent,
said areas shall be compacted to a
relative compaction of not less than
90 percent. Relative compaction shall
be determined as specified in Sec-
tion. 2--6.04 of these Detail Specifi-
cations .
1
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' • 2-6 .02.2 Measurem• and Payment
' The provisions of Section 19-5.06 of the
Standard Specifications are modified as
' follows :
Measurement and payment for the
compaction of the undisturbed
' original ground in the shoulder
areas within 0. 50 foot of the
finished grade will be included
in the contract price per cubic
yard of excavation in lieu of a
separate measurement and payment per
square yard.
' 2-6 .03 Embankment Construction
' 2-6 .03 . 1. Placement
The seventh paragraph of Section 19-6. 01
' of the Standard Specifications shall be
modified as follows :
Any material with a greatest dimension
over 0.50 foot shall be classified
as unsuitable material and shall not
be permitted to be used in the
' construction of embankment without
prior written approval of the City
Engineer.
' 2-6.03 ,2 Compacting Embankment
' The provisions of Section 19-6 .02 of the
Standard Specification are modified as
follows :
t within the width of the grading
plane each layer of embankment within
0.50 foot of the grading plane shall
' have a relative compaction of not
less than 95 percent . Each layer of
embankment placed 0. 50 foot or more
below the grading plane within the
width of the grading plane and to
finished grade in shoulder areas
' shall have a relative compaction of
not less than 90 percent . Relative
compaction shall be determined as
specified in Section 2-6.05 of these
Detail Specifications .
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2-6. 0_3 . 3 Measurement and Payment
' The Contract price per cubic yard of
excavation shall include any necessary
' haulaway and/or disposal of surplus or
unsuitable material , placement and compaction
of embankment material other than imported
' borrow, shaping and grading of driveways ,
and any necessary preparation and compaction
of the 0. 50 foot layer of undisturbed
original ground within shoulder areas .
2-6 . 04 Slope Construction
' Any material with a greatest dimension over 0. 50
foot shall be classified as unsuitable material and
shall not be permitted to remain in the top one foot
' of the slope face without written approval of the
City Engineer .
2-6 . 05 Relative Compaction
Whenever the relative compaction is to be determined
by Test Method No . California 216 , the relative
compaction shall be determined by Test Method No.
California 216 or. 231 .
' The area, as stated in Test Method No. California 231 ,
may be represented by one or more individual test
sites, at the discretion of the Engineer.
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2-7 SUBGRADE PREPARATION
Subgrade preparation shall conform to the provisions of the
' Standard Specifications except ^s modified herein.
2-7.01 Subgrade
When the final pavement to be placed is asphalt
' concrete, the finished subgrade shall not vary more
than 0.05 foot above or 0 . 05 foot below the grade
' established by the Engineer. The top 0 .50 foot of
subgrade shall have a relative compaction not less
than 95 percent . Relative compaction shall be
determined as specified in Section 2-6 .05 of these
Detail Specifications .
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' 2-8 AGGREGATE BASE
2-8.01 General
' Class 3 aggregate base shall conform to the provisions
for Class 2 aggregate base as specified in Section 26
of the Standard Specifications and these Special
Provisions .
At least 65 percent, by weight , of the material
' retained on the No. 4 Sieve shall have at least one
fractured face as determined by Test Method No .
Calif . 205.
' The grading limits for Class 2 aggregate base shall
be 1z" maximum or 3/4" maximum at the option of the
Contractor. Changes from one grading to another shall
' not be made during the progress of the work, unless
permitted by the Engineer. The sand equivalent by
Test method No. Calif . 217 shall be 40 minimum.
' At the. discretion of the Engineer, the R-Value
requirement may be waived as provided in Section 26-1 .02B
' . of the Standard Specifications.
2-8.02 Spreading and Compacting
' The provisions of. Section 26-1 .035 of the Standard
Specifications are superseded by the following:
At the time aggregate base is apread , it
may have a moisture content sufficient to
obtain the required compaction. Such
moisture shall be uniformly distributed
throughout the material .
In lieu of the spreading requirements specified in
' Section 26, aggregate base material shall be spread
upon prepared subgrade by means of approved spreading
devices which will deposit a uniform windrow or layer,
' and after spreading as specified above, the material
shall be shaped to the requirements of Section 26
of the Standard Specifications . Relative compaction
' shall be determined as specified in Section 2-6 .04 of
these Detail Specifications . Motor graders may be
used for the aforementioned shaping. Tailgate
spreading by dump trucks of the material will not
' be permitted except for spot dumping and in areas not
readily accessible to approved spreading devices.
If segregation occurs, the material shall be blended
' to a uniform gradation before any additional material
is placed on its surface .
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' 2-9 ASPHALT CONCRETE
2-9.01 General
Asphalt concrete shall conform to the provisions of
Section 39 of the Standard Specifications , except as
modified herein.
All paving asphalt shall have a penetration
range of 85-100.
' Asphalt concrete shall be Type B.
' The amount of asphalt binder to be mixed with the
mineral aggregate shall be between 41 percent and
71 percent by weight of the dry mineral aggregate .
' The exact amount of asphalt binder to be mixed
with the mineral aggregate will be determined by
the Engineer.
' The final surface course of asphalt concrete shall
co. form to the grading specified under Section 39•-2. 02
of the Standard Specifications for the 3/4 inch
' maximum, medium grading, or as determined by
the Engineer.,
' The minimum compacted thickness of the final
surface course of asphalt concrete shall be one
and one-half (11) inches.
t At least 75 percent by weight of the material
retained on the No. 4 sieve shall have at least
one fractured face as determined by Test Method
' No. California 205 modified herein.
In the lieu of the rolling equipment required
' in Section 39-5 .03 and 39-6 .03 of the Standard
Specifications , the Contractor will be required
to furnish one 8-ton 2-axle tandem roller for
each 100 tons , or fraction thereof , of asphalt
concrete placed per hour by each asphalt paver or
motor grader. The use of pneumatic-tire rollers
between initial and final rolling shall be at;
' the Contractor' s option.
When a portion of an existing A.C. pavement is to
' be removed for any reason, the original cut may be
by any method the Contractor selects. However,
the final pavement cut shall be sawed to provide
a straight and true edge . Saw-cuts shall be
' to minimum depth of one and one-half (lz) inches .
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2-9.0_2_ Prime 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-250 or SC-i0
grade of liquid asphalt shall be applied at the
approximate rate of 0. 17 gallon per square yard,
' the exact rate and grade to be determined by the
Engineer. The contract price for prime coat shall
include furnishing and applying prime coat, complete
' in place .
2-9.03 Paint Binder
'
Paint binder shall be required as specified in
Sections 39-4.02 and 91 of the Standard Specifications .
A mixing type of asphaltic emulsion incorporating
' a bituminous base of Grade 120-150 paving asphalt
shall be applied at an approximate rate of 0 . 10
gallon per square yard , the exact rate to be determined
by the Engineer.
2-9.04 Fog Seal Coat
' A fog seal teat shall be applied uniformly to the
surface of the asphalt concrete constructed under
this project, as directed by the Engineer. The fog
' seal coat shall conform to the provisions of
Sections 37-1 and 94 of the Standard Specifications,
except as modified herein. A mixing type of asphaltic
emulsion incorporating a bituminous base of Grade
SS1 shall be applied at an approximate net spreading
rate for the original emulsion of 0 . 10 gallon per
square yard, the exact rate to be determined by the
' Engineer.
2-9.05 weed Killer
' The subgrade of all areas to be surfaced with asphalt
concrete over native soil shall be treated with a
' polybor chlorate (or equal) weed killer at the rate
of not less than one (1) pound per gallon of water
and not less than four (4) gallons of solution per
one hundred (100) square feet . The solution shall
' be uniformly applied with a power spray and the
Contractor shall kill , by pressure injection, any
weed growth that appears in the treated area within
' a year from date of application.
2-10 CONCRETE STRUCTURES
' 2-10.01. Work Included
' This work shall consist of constructing, where
shown on the plans , reinforced concrete box conduits,
reinforced concrete catch basins , collars , junction
' boxes , and transitions ; curbs, gutters, local
depressions, sidewalks , driveways and all other type
of concrete structures , except manholes , to the line
and grades designated by the Engineer and in
' accordance with the designs and details shown on the
plans .
' 2-10.02 Construction
Portland cement concrete for concrete structures
' shall be composed of Portland cement , fine aggregate,
course aggregate and water proportioned and mixed in
accordance with the requirements of Section 90 of
the Standard Specifications, except as may be herein
' modified .
Reinforcement in concrete structures shall conform
' to the provisions set forth in the Standard Specifi-
cations, Section 52, as herein modified.'
' Concrete structures shall be constructed according
to the provisions set forth in the Standard Specifi-
cations, Sections 51 and 73 , as herein modified .
All concrete shall be class B with a minimum strength
of 2800 PSI at 28 days unless otherwise specified on
the plans or in the Special Provisions.
' 2-10.03 Backfill
No material shall be deposited in fills against the
' walls of concrete structures until satisfactory
7-day compression tests have been obtained and/or
until approved by the Engineer. Backfill compaction
requirements shall be as specified in Section 2-6.01
' of these Detail Specifications.
2-10.04 Tests on Concrete
During the progress of the work, compression test
specimens will be made by the Engineer and cured in
accordance with Standard tethod of ;raking and Curing
Concrete Compression and Flexure Test Specimens in
the Field (ASTM C31) . Not less than two specimens
shall be made for each test , nor less than one test
' for each 25 cubic yards or portion thereof, of each
class of concrete .
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' Specimens shall be te:,ted in accordance with
Standard Method of Test for Compression Strength
of Molded Concrete Cylinders (ASTA1 C39) . The
specimens shall be tested at 7 days and 28 days .
' The minimum 28-day strength shall be as indicated
herein. The minimum 7-day shall be two-thirds of the
required minimum 28-day strength.
' The amount of water required for the proper consistency
of the concrete shall be determined by means of a
t penetration test . Said test shall be conducted in
accordance with Test Method No. Calif . 533 or Test
Method No . Calif . 529 or both. However , the amount
of water shall be limited to a quantity which shall
' produce a compressive strength as specified above .
Unless otherwise directed by the Engineer, the
maximum penetration shall not exceed that indicated
' in Section 90-6.06 of the Standard Specifications .
The City will acquire the services of an approved
' laboratory for the purpose of performing the above
required tests .
2-10.05 Saw Cutting
' All concrete join's shall be saw cut to provide a
sawed edge at every join between new concrete and
existing concrete . Curbs, gutters , driveways and
sidewalks shall be saw cut at the nearest existing
joint or score_ line . Saw cuts shall be to a minimum
' depth of one and one-half (1?) inches .
' -79-
' 2-11 MANH0LES
Storm drain manholes shall he constructed in
accordance with Orange County Road Department
standard details , these specifications and as
specified by the Engineer, at the locations
shown on the plans .
' Sanitary sewer manholes shall be constructed
in accordance with the plans and the "Standard
Specifications For the Construction of Sanitary
Sewers , City of San Juan Capistrano. "
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' -80-
' 2-12 STORM DRAIN PIPE
2-12.01 General
' In accordance with the Land Use Management Code,
all storm drain pipe shall be furnished and installed
' in accordance wii,h the applicable provisions of the
Orange County Flood Control Standard Specifications
and Plans, as last revised .
' 2-12.02 Reinforced Concrete Pipe
The specified D-loads or the design for reinforced
' concrete pipe are, in general, based upon loads
to which the pipe will be subjected upon completion
of the project , and are to be considered as minimum
' D-loads . Any increase in pipe strength required
to withstand construction loads shall be the
responsibility of the Contractor . Pipe stronger
than that specified may be furnished at the Contractor' s
' option, and at his own expense, provided such pipe
conforms in all other respects lo the applicable
provisions of these specifications .
' 2-12.03 Corrugated Metal Pipe
' All work placing corrugated metal pipe shall conform
to applicable portions of the Standard Specifications
and Plans, Orange County Flood Control District,
as last revised .
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2-13 SANITARY SEWER
A . VITRIPIED CLAY PIPE
t Vitrified clay pipe and fittings shall be furnished
and installed as shown and detailed on the plans .
The pipe shall have full bearing upon the bottom of
' the trench throughout its entire length for a minimum
width equal to one-half of the outside diameter of
the pipe . The bottom of the trench shall be recessed
' to relieve the loads at the pipe joints .
Plugs shall be furnished with pipes and branches that
t are to be left unconnected . Plugs shall consist of
disks of the same material as the pipz , or of resilient
joint material and shall be covered with a layer of
sealant sufficiently fluid to insure free flow around
' the plug.
Vitrified clay pipe material and construction shall
conform to the provisions of the "Standard Specifica-
tions for the Construction of Sanitary Sewers , City
of San Juan Capistrano . "
tB. POLYVINYL CHLORIDE (PVC) PIPE
Polyvinyl Chloride pipe and fittings shall be furnished
' and installed as shown and detailed on the plans .
Methods of construction and materials shall conform
to the provisions of the "Standard Specifications For
' the Construction of Sanitary Sewers, City of San Juan
Capistrano. "
' -82-
2-14 TESTING PIPELINES ICOR LEAKAGE
1 All leakage tests shall be completed and approved
prior to placing of permanent resurfacing.
' Storm drain testing shall. be required at the option
of the Engineer.
' Sanitary sewers testing shall be in accordance with
the Standard Requirements for the Construction of
Sanitary Sewers in the City of San Juan Capistrano .
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' 2-15 JACKING OF STEEL CASING
2-15.01 General
' At locations shown on the plans , steel casing; scall
be jacked into place per the details on the plans .
The method and equipment used in the jacking operation
' shall be optional with the Contractor ; however, the
proposed method must be first approved by the Engineer.
Such approval shall 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
responsibility of meeting the requirements of the
plans and specifications .
Only workmen experienced in the operation of jacking
steel casing shall be used on the work.
' 2-15.02 Alignment and Grade
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 foot per one hundred (100) feet of steel
casing jacked.
' 2-15.03 Jacking Limits
The limits of jacking, as shown on the plans , may
' be increased by the Contractor if lie so desires ;
however, approval of the Engineer must first be obtained .
It shall be understood that where an increase in jacking
limits is permitted by the Engineer, payment for the
work will be made as though the original jacking
limits had been used and will be based on the
contract prices therefor .
' 2-15.04 Steel Casing
' New steel casing shall be used for all jacking
operations . Any section of steel casing which
shows signs of failure shall be removed and
replaced with a new section which is adequate
' to sustain the loads imposed upon it . The
design of the steel casing, as shown on the
plans, is based upon superimposed loads and not
' necessarily upon loads which may be placed upon
it as a result of jacking operations . Any increase
in steel casing strength required in order to
' withstand jacking loads shall be the responsibility
of the Contractor.
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2-15.05 Jacking and Receiving Pits
The jacking and receiving pits shall be tight
sheeted and braced in such manner as to provide
safe working conditions and to protect any adjacent
facilities or structures as specified in Section 2-17
of these Detail Specifications , Sheeting_ shall
be adequate to withstand added loads and vibrations
due to traffic .
2-15. 06 Jacking
The excavated hole ahead of the casing shall not be
more than 0 . 10 foot greater than the outside limits
of the casing . Sluicing or jetting with water
ahead of the casing will not be permitted. When
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
(121) feet , unless permitted by the Engineer . Areas
resulting from caving or excavation outside the
above limits shall be backfilled with sand or grout
by a .method which will fill the voids and be
acceptable to the Engineer .
2-16 TRENClI RESURFACING
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 material , 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
Section 2-9 of these Detail Specifications .
The Contractor shall proceed immediately to place
final resurfacing on any part of any excavation
upon notice from the Engineer without waiting for
completion of the full length of the project .
Within the limits of any traveled way , temporary
or final resurfacing shall be placed immediately
following final compaction of the backfill .
' Temporary resurfacing shall be a minimum of one
and one-half (12) inch bitumino,is premix over native
soil .
' The Contrac`,.or has the option of blade laying the
base or initial course of the permanent asphalt
resurfacing in lieu of placing temporary resurfacing.
' Any portion of base course which is broken, alli-
gatored , or otherwise unsatisfactory shall be removed
and replaced prior to placement of the final course
' of A. C.
' -86-
' 2-17 SHEETING , SHORING AND BRACING
2-17. 01 Placement and Removal
' All trenches and other excavations , where shown on
the plans, shall be adequately shored, sheeted and
braced, to furnish safe working conditions and ample
' protection of the work and adjacent utilities and
structv.res. The Contractor shall also furnish and
place at his own expense additional sheeting ,
bracing and shoring , not shown on the plans , but
' required to protect newly built work and all adjacent
utilities and neighboring structures from damage
and to comply with all rules , orders and regulations
of the Division of Industrial Safety of the State of
California . Sheeting , shoring and bracing may consist
of wood or steel , or a combination of wood and steel
at the option of the Contractor , unless otherwise
specified or shown on the plans . Sheeting shall be
tight , square edge, shiplap or tongue and groove
' sheeting or interlocking steel sheeting of adequate
section.
Any trench excavation of five feet or more in depth
' shall require a permit from the California State
Department of Industrial .Safety.. The City shall
require a copy of the permit and plans .
' Bracing shall be arranged so as not to place a strain
on portions of completed work until the construction
' has proceeded far enough, in the opinion of the
Engineer , to provide ample strength.
Sheeting and bracing may be withdrawn and removed
at the time of backfilling but the Contractor shall
be responsible for all damage to newly built work,
and adjacent structures.
Any damage to new or existing utilities or structures,
whatsoever , occurring due to failure or lack of
sheeting or bracing shall be repaired by the Contractor
at his own expense.
2-17. 02 Construction Sheeting Left in Place
The Contractor shall leave in place in place construc-
tion sheeting and bracing when specified or, when
indicated or shown on the plans . Additional
construction sheeting and bracing placed 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
' ' -87
included in the Contractor ' s bid price for the work,
1 with no additional payment allowed therefor.
Any construction sheeting and bracing which the
1 Contractor has placed to protect underground
structures not shown on the plans may be ordered
in writing by the Engineer to be left in place .
The right of the Engineer to order sheeting and
1 bracing left in place shall not be construed as
creating an obligation on his part to issue such
orders.
j 1 Failure of the Engineer to order sheeting and bracing
f left in place shall not relieve the Contractor of his
1 responsibility under the contract . It is not the
intention to order sheeting left in place for the
protection of any pipe lines or structures that are
1 shown on the plans , or structures which are visible
above ground, this being the Contractor ' s responsibility.
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2-18 TR*IC AND DETOURS i•
The City Traffic Engineer shall furnish a Traffic
Control and Detour Plan , as required . This plan
shall become a portion of the Plans and Specifications,
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2-19 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 .
-90-
3. - SPECIAL PROVISIONS
INDEX
Section Title page
' 3-1 WORK TO BE DONE 92
3-2 FLOW AND ACCEPTANCE OF WATER 92
3-3 WATER 92
3-4 SANITARY SEWER CONSTRUCTION 92
' 3-5 COOPERATION WITH OTHERS AND
SCHEDULE OF WORK 93
3-6 FENCE RELOCATION AND
' RECONSTRUCTION 93
' 3-7 RAILROAD REQUIREMENTS 93
3-8 TREE PROTECTION AND REMOVAL 94
3-9 CONSTRUCTION OF ACCESS RAMP AND
STORAGE AREA 94
' 3-10 TRAFFIC CONTROL 94
3-11 ITEMS OF WORK AND MEASUREMENT
' AND PAYMENT
95
s'' -91-
17,
SECTION 3
SPECIAL PROVISIONS
1
SANITARY SEWER RECONSTRUCTION, FISCAL YEAR 1976
3-1 Work to be Done
' The work to be done consists of the removal of approximately
1 ,000 lineal feet of existing 12-inch sanitary sewer pipe
and two existing manholes; the construction of approximately
' 1,000 lineal feet of 12-inch sanitary sewer pipe and three
manholes; the construction of approximately 470 lineal feet
of 8-inch sanitary sewer pipe; the abandonment of an existing
' 10-inch sanitary sewer pipe; and the repair of eight lineal
feet of collapsed sanitary sewer pipe in Camino Capistrano.
3-2 Flow and Acceptance of Water
' Surface or otherwaters may be encountered at various times
during construction. The Contractor , by submitting a bid ,
' acknowledges that he has investigated the risks arising from
'surface or other waters and has prepared his bid accordingly.
It shall be the sole responsibility of the Contractor to protect
' his work from danger due to any waters encountered. Should
any damage to the work due to surface or other water occur
prior to acceptance of the work by the City, the Contractor
' shall repair such damage at his expense .
3-3 Water
' Water is available from Orange County Waterworks District No. 4 .
Arrangements shall be made by the Contractor to procure a
temporary water service permit and construction meter from
this agency. The Contractor shall contact the District at
(714) 493-1515 one week prior to the need for service . There
shall be no compensation paid directly for the provision of
' such water, and the Contractor shall make the allocation of
costs incurred to the appropriate bid items.
3-4 Sanitary Sewer Construction
' The methods and materials of sanitary sewer construction shall
be in conformance with the "Standard Specifications for the
' Construction of Sanitary Sewers , City of San Juan Capistrano. "
Copies of these documents may be purchased at the City offices .
The Contractor shall maintain a copy of these specifications
' on the job site at all times. This document shall be referred to
as the "Sanitary Sewer Specification" where it is not directly
referenced by title within these specifications .
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3-5 Cooperation with Others and Schedule of Work
The construction of the 12-inch sanitary sewer shall require
' cooperation with Spaulding Equipment Company , San Juan Builders '
Supply, and the tenants of the Post Office Building. On the pro-
perty owned by Spaulding Equipment Company , the Contractor shall
have limited working space, be required to relocate the existing
' fence, and work within the railroad right-of-way. This condition
will also exist over a portion of the San Juan Builders ' Supply
site . The Contractor shall contact the following persons to effect
' coordination:
Spaulding Equipment Company Mr. Bill Coit 493-4531
' San Juan Builders ' Supply Mr. Walt Hoffman 493-3552
Post Office Building Mr. Cliff Cooper (1) 833-3145
Construction north of
Post Office Bldg. Mr. G.N. Cockerill 496-2784
3-6 Fence Relocation and Reconstruction
' The Contractor shall relocate the existing fence contiguous to
the AT&SF Railroad right-of-way at the locations indicated on
the improvement plans . Security for the affected properties
' shall be maintained during construction, and the temporary
fence shall have a minimum height of .5 feet. The replacement
fence shall be returned to its original position and shall
' be of a similar type and quality as the existing fence , and
conform to the construction plans . The existing fence may
be used as the replacement only if it is not damaged and is
approved by the City Engineer.
' 3-7 Railroad Requirements
' The railroad siding under which the sewer passes is the
property of Spaulding Equipment Company. The siding will be
closed during construction, and the Contractor shall not be
required to bore beneath the tracks . The trench backfill
shall have a compaction of 90 percent and the track bed shall
be restored to conditions approved by the AT&SF Railroad and
Spaulding Equipment Company.
' A. Pipe Bedding
' The Contractor shall be required to use Type II
bedding under the Spaulding Equipment Company
railroad siding as indicated in the Sanitary
' Sewer Standard Specifications and on the plans .
B. Work Within Railroad Right-of-Way
' The City shall acquire the necessary right-of-way
license for work within the AT&SF Railroad right-
of-way. The work within the railroad right-of-way
-93-
1 shall conform to the direction of the license and
railroad inspector. Additional costs incurred by the
Contractor for work within the railroad right-of-
way shall be included in the unit price for instal-
lation of 12-inch sanitary sewer pipe and no other
compensation shall be made .
1 3-8 Tree Protection and Removal
The Contractor shall remove only those trees indicated for
' such on the construction plans . In accordance with City
Ordinance No. 293 , no other trees shall be removed or damaged
without prior approval of the City tree inspector (492-2171) .
1 There will be no compensation for tree removal and protection
as such, and the Contractor should allocate the costs thusly
incurred to the unit price for 12-inch sanitary sewer instal-
lation.
1 3-9 Construction Access Ramp and Storage Area
The Contractor may construct a temporary access ramp to
Spaulding Equipment Company from the City yard as indicated
on the plans . The area northeast of the fuel pumps in the
City yard may be used as a temporary equipment storage area
by the Contractor during the conduct of work adjacent to
the railroad right-of-way. Upon completion of the work , the
1 ramp shall be removed and the area totally cleaned and returned
to the existing conditions that existed prior to commencing
work..
,. The Contractor may use another storage yard and point of
access to the work area only if approved by the City Engineer.
Compensation for the costs incurred in constructing the
' access ramp and required clean up activities or alternative
access shall not be compensated directly, and the Contractor
should allocate the cost thusly incurred to the unit price
' for 12-inch sanitary sewer installation.
3-10 Traffic Control
The Contractor shall be responsible for providing traffic
control as indicated on the construction plans . Alternate
methods shall not be used for traffic control unless specific
' approval of a modified plan is provided by the City Engineer.
The compensation shall be provided for traffic control as such ,
and the Contractor shall allocate the cost of such to the
appropriate bid item.
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3-11 SPECIAL PROVISIONS OF ITEMS OF WORK AND MEASUREMENT
AND PAYMENT
' Bid Item 1 REPAIR 8" V.C.P . IN CAMINO CAPISTRANO
The Contractor shall remove the existing reinforced
' concrete roadway and crushed 8" V.C.P. pipe in Camino
Capistrano north of Del Obispo Street as indicated on
the plans . The crushed pipe shall be replaced with
' new 8" V.C.P. (band seal) conforming to these specifi-
cations , and the paving shall be replaced as indicated
on the plans .
' PAYMENT
The lump sum bid price shall include all materials ,
' labor, tools , and traffic control necessary to com-
plete the work as described for Bid Item 1.
' Bid Item 2 REWORK MANHOLES IN CAMINO CAPISTRANO
The Contractor shall rework the two existing manholes
in Camino Capistrano (adjacent to Pete 'N Clara's
' Restaurant) as indicated on the plans . The northerly
manhole ( Station 4+80) shall have a new outlet southerly
and the concrete bulkhead shall prevent flow
' westerly through the existing outlet. The southerly
manhole (Station 0+00) shall be reworked to add an inlet
northerly and maintain the existing inlet easterly
' and outlet southerly.
PAYMENT
The unit bid price per manhole shall include all labor,
materials , and tools necessary to complete the work as
described for Bid Item 2.
' Bid Item 3 ABANDON 10" SANITARY SEWER
Upon completion of the concrete bulkhead of the manhole
at Station 4+80 in Camino Capistrano, the ten-inch
sanitary sewer line traversing Mission Village Center
shall be abandoned. The Contractor shall grout the existing
sewer with a 8 -sack slurry mix and place a concrete
bulkhead in the inlet westerly of the west manhole (in
Mission Village Center) as indicated on the plans .
PAYMENT
The lump sum bid price shall include all materials ,
labor , tools and traffic control necessary to complete
work as described in Bid Item 3 .
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' Bid Item 4 SECURITY FENCING, CONSTRUCT AND RELOCATE
The Contractor shall relocate the existing fence behind
' Spaulding Equipment Company , San Juan Builders ' Supply ,
and between the City yard and Spaulding Equipment
Company as indicated on the plans . The temporary fence
shall not require concrete footings for vertical supports .
' Upon completion of the work the fence shall be returned
to its original location and condition in compliance
with the plans .
' PAYMENT
' The unit price per lineal foot of fence relocated
shall include all materials , labor , tools , coordination ,
and any necessary clearing and grubbing required to
relocate the existing security fence , in order to
' construct a temporary security fence , construct temporary
access gates and to replace the existing fence to a
condition acceptable to the owner and City Engineer
' and in accordance with the construction plans .
Bid Item 5 STANDARD 48 " DIAMETER MANHOLE.
' The Contractor shall construct manholes at Stations
7+80 , 5+20 , and 0+00 adjacent to the AT&SF Railroad
' right-of-way and at Station 2+00 in Camino Capistrano.
PAYMENT
' The unit price per manhole shall include all materials ,
labor , and tools necessary to construct a standard
48" diameter manhole in accordance with these specifi-
cations and the plans .
Bid Item 6 REMOVE EXISTING 12" SANITARY SEWER
' The Contractor shall remove the existing 12" sanitary
sewer and manholes adjacent to the AT&SF Railroad
right-of-way and all such materials removed shall become
' the responsibility and property of the Contractor;
this material shall be removed from the job site . In
addition, the Contractor shall provide and maintain the
' necessary pumps and temporary pipeline to provide for
continued sewage flow during construction of the pro-
posed 12" sanitary sewer.
' PAYMENT
The unit price per lineal foot of existing sanitary sewer
pipe to be removed shall include the cost of all labor ,
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' material , and tools to remove the existing sanitary sewer
pipe and manholes , conduct any clearing and grubbing and
authorized tree removals , salvaging the Spaulding
' Equipment Company sanitary sc2wer pump and wet well , and
provide temporary sewer service for all affected services
during installation of the proposed 12" sanitary sewer .
Bid Item 7 PROTECTION OF SPAULDING EQUIPMENT COMPANY 'S
RAILROAD SIDING
The Contractor shall install the 12" sanitary sewer pipe with
Type II bedding under Spaulding ' s railroad siding in compliance
with the plans and these specifications and to the satisfac-
tion of the City Engineer and Spaulding Equipment Company.
The pipe shall be installed by means of open trench , and the
roadbed and track shall be returned to an approved condition
acceptable for railroad use .
PAYMENT
The lump sum price for protection of Spaulding Equipment
Company' s railroad siding shall incluc:e the cost of all
labor, material, and equipment necessary to install the
' Type II bedding as indicated on the plans , compacted back-
fill of an acceptable material and to protect and repair,
as required, the railroad roadbed and track. Payment for
the 12" pipe will be made in the appropriate bid item and
' not this item.
Alternate Bid Item 8A 12" V.C.P . SANITARY SEWER
' The Contractor shall construct a 12" V.C.P . sanitary
sewer adjacent to the AT&SF Railroad right-of-way, as
indicated on the plans , and in accordance with the speci-
fications. This construction shall include any necessary
clearing and grubbing , coordination efforts , pavement,
removal and replacement (to include feathering to join)
' protection of existing property and trees , construction
of the temporary access ramp or acceptable alternate , all
backfill and compaction, all necessary clean up work ,
' joining the existing 12" V.C.P . sewer at Station 10+93 . 30 ,
and reconstructing the sewer laterals for the Post Office
building, San Juan Builders ' Supply, and Spaulding Equip-
ment Company.
PAYMENT
' The unit price per lineal foot of 12" V.C.P. sanitary
sewer shall include the cost of all labor , material ,
and tools necessary to construct the sanitary sewer
' work as described above. It should be understood that
this item shall not include any of the costs allocated
to Bid Items 6 and 7 .
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Alternate Bid Item 8B 12" P .V.C. SANITARY SEWER PIPE
This bid item is similar to bid item 8A with the single
' exception that 12" P.V.C. sanitary sewer pipe conforming
to these specifications shall be used in lieu of the 12"
V.C.P. sanitary sewer as specified in bid item 8A.
PAYMENT
The unit price per lineal foot of 12" P .V.C . sanitary
sewer pipe shall include the cost of all labor, material ,
and tools necessary to construct the sanitary sewer work
as described above. It should be understood that this
item shall not include any of the costs allocated to
Bid Items 6 and 7 .
Alternate Bid Item 9A 8 " V.C.P. SANITARY SEWER
The Contractor shall install an 8" vitrified clay pipe
in Camino Capistrano in accordance with the plans and
' specifications. This work shall include pavement removal
and replacement (and the necessary feathering to join
existing pavement) , backfill , compaction , protection of
i utilities , and traffic control.
PAYMENT
' The unit price per lineal foot of 8" V.C.P. sanitary
sewer pipe shall include the cost of all labor, material ,
and tools necessary to construct the sanitary sewer
' work described above.
Alternate Bid Item 9B 8" P ,V.C. SANITARY SEWER
' This bid item is similar to bid item 9A with the single
exception that 8" P .V.C. sanitary sewer pipe conforming
' to these specifications shall be used in lieu of the
8" V.C.P. sanitary sewer as specified in bid item 9A.
PAYMENT
' The unit price per lineal foot of 8" P.V.C. sanitary
sewer pipe shall include the cost of all labor, materials ,
' and tools necessary to construct the sanitary sewer
work as described above.
CONTRACTOR'S NOTICE
The contractor shall. bid only one type of pipe for 12"
and one type of pipe for 8" ; DO NOT BID FOR TWO TYPES
' OF PIPE IN ONE SIZE.
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