Loading...
1977-0119_CAPPELLO CONSTRUCTION CO_ContractWHEN RECORDED RE*INQ 32382 MAIL TO: REQUESTED By City of San Juan Capistrano EXEMPT Office of the City Clerk C 8 32400 Paseo Adelanto San Juan Capistrano, CA 92675 EK d5?G 552 DOCIONTARY TRANSFER TAX - NO TAX DUE -Mary Ann nov r, City Clerk San JuW 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. 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. gated at San Juan Capistrano this 20th day of January, 1977. 7 a y nn over, City Clerk of the City of San Juan Capistrano IOF O ANGEICOUNTY,CAR FORNDiq 5 Past •11 AM JAN 24 1977 L WYLIE CA LYLE, County Recorder ary Ann novel, 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. gated at San Juan Capistrano this 20th day of January, 1977. 7 a y nn over, City Clerk of the City of San Juan Capistrano IOF O ANGEICOUNTY,CAR FORNDiq 5 Past •11 AM JAN 24 1977 L WYLIE CA LYLE, County Recorder IT IS HEREBY AGREED BETWEEN ME PARTIES AS FOLLOWS: FIRST. CONTRACT DOCMIENTS. 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. PAV4ENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. 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- CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and ��Lh (?D. hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN ME PARTIES AS FOLLOWS: FIRST. CONTRACT DOCMIENTS. 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. PAV4ENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. 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- 0 • 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 (100%) of the amount of this contract and.shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. 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. -16- EIGHTH, COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS, CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB- CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of --,the provisions of Article Three, Chapter One, Part Seven, Division 2 of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is exeLated by the duly authorized agent(s) of CITY, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. DATED; t//JLC/ Z/, / l %/� CITY OF SAN JUAN CAPISTRANO BY OR DATED; Tr/c4 Z6, If7Z CITY'CLERK C14oREL Lp &,ysfmi.<ryAI Cp . CONTRACTOR BY -17- 0 0 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 12" 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. ,Respect ully s itted, W. D: :r WDM:DB:rm Attachment CITY COUNCIL AGENDA ..�..... . # go RESOLUTION NO. 77-1-19-1 COMPLETION OF CAMINO CAPISTRANO & AT&SF RAILWAY SEWER RF.CONSTRUCTIONi A RESOLUTION OF THE CITY COINCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO HE COMPLETED AS TO PLANS ANI: SPECIFICATIONSF'OR THE CON- STRUCTION OF TIIE CAMINO CAPISTRANO & AT&SF RAILWAY SEWER RECONSTRI-CTION The City Council of the City of San Juan Capistrano does hereby resolve: 11IIERF,AS, on the 16th 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 1. That the work required to be performed by said contractor has been completed. SECTION 2. That the total cost of said work is in the - amount of $2-5—.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 ROACLAS B, , MAYOR ATTEST: CITY CLERK- L STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN RANOVER, City Clerk of the City of San Juan Capistrano, California, DO BEREBY 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 San duan Capistrano, California, at a regular meeting thereof field on the 19th day of January , 1976 (SEAL) MARY ANN HANOPER, CITY CLERK -1- U O fJ 1J 3_ P: v }1 U i u L: 1 u W n _ - Sr T • W ' a •u 'G 11 CI > > Sr r. n n AGENDA ITEM TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works January 5, 1977 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. yo 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 $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. T Wb[�kMurp WDM: DB:cj Attachment L FOR CITY COUNCIL AGENDA see 0 AGENDA ITEM TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works December 15, 1976 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 1O% retention 4,017.10 Total due to date 36,153.90 Previous progress payment 33,278.40 $ 25.50 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 AT&SF 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. Respectfully submitted, Q-AW D. urphy� Attachment •// 'J� FOR CITY COUNCIL AGENDA ... Phangc Order No. 2 Beginning ContrO t Date Date November 15, 1976 Contract Amount 8/18/76 $ 42,238.00 Project No. ,8099-03 Previous Change Orders $ Location Camino Capistrano & AT&SF This Change Order Railroad Sewer Reconstruction teem . Ito. Description of Chances I Extension of 45 calendar days for the completion of -work due to additional requirements and inspections by AT&SF Railroad Adjusted Contract Decrease In Contract Price $ -0- 42,923-00 Increase In Contract Price —0— Chante In Contract Price Due to This Change Order $• S -0- Net Chane In Contract Price S� fi -0- TI,M SCIIEDULF: Total Contract Days 63 Amount Prior C.O. (s)_ _--- Amount This C.O. 45 ACCEPTANCE.: DATF : Accepted by: It1GtiCLG� C�tJ! CAPPELLO CONSTRUCTION -� RCC07I1:11ended by:'.e1 Les J cobs City Inspector Adjusted Contract Days 108 Approved by W. D. Murphy j;el4 Date of Completion 12/28/76 Director of Public Works AGENDA ITEM 0 0 0 �0 July 21, 1976 TO: James S. Mocalis, City Managers 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. 42,238 Steve Bubalo Construction Co. 431260 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 a or to execute the contract with Cappello Con- struction Company. Respectfully submitted, Imo. �• ��..,Q /0 W. W. D. Murp 1 WDM:GML:rm I / Encl. FOR CITY COUNCIL AGENDA ..... BID OPE*ING - T4 11.00 A.M. 9_ / �9�1i.✓O CSP � /'S%T�` s/� -SA.�/iT,4�er s�z�rr� .PEro.✓st3Pu�t�ac/ BIDDER AMOUNT O _ SFy Sv. clEa l 3 2- Coe, � 0 .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 ainount. ' 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. it -1- I I I ,7J 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 on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the Plans and Specifications for use in preparing bids may be obtained at the office of the City Clerk, San Juan Capistrano, at the address shown above. One set of Plans and Specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10.00, non- refundable, is required for obtaining each set of Plans and 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, -2- CITY CVM, CITY O SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA rl n 1 I 1 The successful bidder, simultaneously with the execution of the contract, will be required to furnish a faithful performance bond equal in amount to one hundred percent (100%) of the contract price and a labor and materials bond equal in amount to one hundred percent (100%) of the contract price. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of 63 consecutive calendar days has been set for the completion of the work, from the date of execution of the contract. -3- • Form 1617-5 Standard • (ADprmod by Oanaal Baciter) LICENSE EJ -70112 THIS LICENSE, Made as of the—.... _...___...__...___ ...day of. � June ..__-_........... _..,19_..76_, THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY __--.--,.--•� ___�W____, between_......._.._._t..._.__._..._...............-.._._...__ __ r.�._. w a ..... ____.._._Delaware _...corporation (hereinafter called "Licensor"), __a 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 as follows: 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 San Juan Capistrano Orange near._...._._.--- - an County of ... .._.__.._....................... State of. ..... _....... California , outlined is is& eelering on the print hereto attached, No. 601-33956 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 nyand 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 ------------------------- -- ---- -`Dollars ($_150.00 ------ j the right to use any improvements now on the Premises shown or described on said Exhibit A as "L' xtsting Improvements." Such improvements, if any, together with any other improveme 6lietCR r placed upon the Premises by or for account of Licensee are hereinafter called "Impmvem 5. Licensee shall pay before the same become del" axes, charges, rates, and assessments which may, during the term of this license, be levied u o s e 6Crsse against, or be equitably chargeable to or assessed in respect of the Improvements; and whe tax, rate, charge, or assessment may be embraced in the general amount of taxes charged u nthcrl'rem�ises 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 - ....--••------------_-----•--•-••-_•------•---------_-f-a-c ------•----.....---•----•--e' ------•----•-_-----lo"------•---------------------------•---------a'------------------------- - --1 the object of Licensor being to facilitate the convenient operation of the raih•oad, telegraph and telephone linea 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 17. If Licensee fails to surrender to Lice and obligations of Licensee hereunder shall con�tinthe Pre u in ffe es hereof shall release Licensee from,upon any termination of this lice from any acts, omisa{ons or events haybifity ar obliuIIt'iemises are surrendered n n' all the no to liabilities merits are removed and the Pro obligation hereunder, whether of indemnity rmination miles restored d Prior to the date of termination or the date, it Y later otherwise, resulting se hereinabove in paragraph 16 Provided. Licensor elects to take later, when the Improve 18. In send hold the Improvements as its sole prorty the event that Licensee consists of two or more herein contained shall be the joint and several covenants and a Parties, all the covenants and agreements of Licensee 19. All the covenants and a agreements of such sentativea, successors and temente , Licensee herein contained Partes assigns of Licensee and shall inure to the benefit t� binding upon the heirs successors and ' legal repo` Attached assigns °{ Licensor. of J, hereto and made a part hereof is Rider „ H. Schwartz. A identified b Y the signature da an WITNESS WHEREOF , This license has been duly executed in duplicate bYAthe Y Year first above written. Y Parties hereto as of the Approved as to description: - _62wChief Engineer. CITY OF SAN JUAN CAPISTRANO 1---------------------- Its ayor ---------•--•-----•------- '------- (Licensee). •Sltadotd otos nj ss slaamanotdml aql ploq par axlrl Sum to 'pa.amom os lova aql to; tosuooll aamguitax xo;azegl Ili .q;o uollrpuat aql xal;v aSsp (pE) SUIgI utgltm iIm@ easaaarl Juana gaue m par 'aasaaarl;o lunooas aql jot samwata .q So axolsax puv sluemamudml aql anomai tagVs 'tel;setagl SSvp (og) Slttgl mgltm paetataxa ail of aoi3aala all lv'Svm tosaaarl aagl'aotlsxolsat to Ireomaz gane axlsm o3 aotlsatuual gane;o alsp agl to;;r sSrp (OE) Sang3 umglrm IIs; Ilvgs easaaoFI aero m par'sluamanotdag aql;o uotlantlsuoo aql of toad exam Saq; goigm at I alvls aql Sjlviluelsqus of aastmara aql azolsaz pull aluamanotdml aql anomer llvgs pus saspaata aql;o uasseasod 814'l xosuearl of tapaaxtne gltmglto; Itrgs aasuaarI 'poptnoxd maxag tauavra Sar at asuaotl Stgl ;o aogumuu191 agl uodll -91 SL9Z6 rFU-Io3FirD 9ou1Rz;sidr0 usnr urg aaeaaor1 of passaxpps 'pcsdlsod `wUjo lsoa agn m paltsodap P to 04urlapy oasud OOVZ£ `sasimatj aql uo polsod p ao aasaaorl;o saSoldma xo sluvntas'slua8m aql;o Sas gltm l;al;r to `oasuaorl of paxangap aq quills agl I?pastas Slxadotd aq of pauiaap aq llags tapunaxeq aasaaacrl of tosuaonI Sq uan.2 aq of aoilou SuV •91 •oousnpv ul pled uotlseuaduioa Sus ;o lxmd aluuotlxodoxd s xosaaorl Sq pepun;ax anmq of pall13ua aq hogs aasaaarl amleutmxal gons Sus aodn lnq'.autaual ap pus asaaa Slalnloegv Itvge xapanazaq aasuaorl ;o 9lg2u IIv par asaaoll slgj aoilou gons m pagtoads quill aql ;o uotivxtdxa aql uodn pus 'aould ax[vl 11vgs amlummxal qons lugl apsp agl utaxagl 2utivls 'Shad iaglo oql uodn pastas oq of AutIgm ut aoilou ,sAup (OC) Slxtgl uodn Shed xaglte Sq quill Sar le paluanutal aq Smui asuaatl S(U V1 •elmstap to 1pnu;ap luanbasgns Sur to; aeuaotl still alsutmxal of lg2u aql;o xanlsm v alnitlsuoa los Urge elms;ap xo llnr;ap Sur;o tosaaoi I Sq xantvm Saw lnq . easuaolrr uodn 2mlum in aoilou ,sSvp (g) ant; 2mntas Sq asaaoll still alsmmxal 'uolldo all lv 'Sum tosaaarl mal ;o ao.lmxado Sq asaaaq stgl;o ta;savxl xo luauiu2isn Sus;o asmo ut xo'pauivluoo utazoq oosuaorl;o sluamaar to eluvuanoa aql;o Sas m aprm ail pegs ling;ap to `ptsdan pas asp ail Ilsge tapunataq uopusuadmoo Sur;I 'EI •aouenpv at pred uotlrsuadmoo Sar ;o lxvd aluuopiodotd aql ldaaxa 'xapanataq prod aollsauadmoo Sue pun;az of to `tanaoelrgm exnlsu Sm ;o 92smrp Sng to; eaeaagrl of algsg aq lou llrgs tomaof l '�atmatd agl uI leatalm Sur xo of allll 2amrlslo to 2alumo aao Sue Sq aaeuaolrl;o aollalna agl;o aria aI 'ZI •tosuaorl ;o oouvlsm gava at Isnotdds pull luasuoo aallum aql lnogltm 'utarag leazalul Sur to aqueoil etgl ta;sustl to a2lsas lou ';oaxagl ltrd Sur to 'slaamanoxdml aql to awmata alp aeeal to tajaavtl llvga 'aaa2tssr laanbasgns Sas jou 'easaaorl;o sa2tssu xo stossaaons'santlrluasazdat Is2al'stlaq agl jou 'aasuaot I xagltaX 'II •Sllsnba olazaq eatltad aql Sq autoq eq Itvgs motraxagl 2utsuu asaadxa xo avmsp 'ssol eql uatil 'eaotsatmo xo Slav 2ut4nqu4uoo gons Sur m alvdiapmd hags tosaaolrl 3I lsgl ldaaxa 'slaamenoxdurl to sastmata agl hogs to uo 'm aasaaarl ;o saallnm xo suotlsd `slua2s `saSoldme aql to aasuaorI ;o suolsalmo to slas 2minquluoa to aloe aql (a) io 'pamsluoa luamnalsar enll m eaolllpuoo to sluuuanoo `suual aql ;o easueotrl Sq gavaxq Sas (q) 'aasaaorl Sq sluamanotdml to eastmatd agl ;o esu agl (r) ;o Ino tauasm Sar m 2msus 'toeaaorl lsuts2v passassr to uodn pasodmt Sallleuad to Sam; pug suosxad ;o glvap to of Sinful Sltadoid o� a2rurep to ;o seal 2utpnjom `to; ajgvq amooaq to mom 'mglsns Sum xosaaarl galgm osuodxa to a2vmvp'ssol IIs 1suls2s tosaaarl mlicunq ossa par S;Iamepm of eaax2s aaauaal I •01 I tapxo to alnlsls gane gltm Sldmoa Sllaule Mega aasuaarl uagl 'patmbax ail llggs eaauvtvala luata;{cp Sluoglnv atlgnd lualadmoa ;o tapto to alnlsls Sq ;I 'xanamoq 'paptnoxd'.3lovxl gans;o Itvt lsatmau aql;o puaq aql;o apts lsaxraa aql of laa; (f) tno; ural tatsau ail hugs lmod on lg tiatgm par 'sltvt aql;o dol aql uvgl tag2lti sagam (g) xis par lea; (g) aaxgl asgl atom ail lou Urge golgm suuo;lsld 2utprol laata Srm aaauaorI 'esalagltanau 'lnq'.Ilvt }o dol aql quails lea; (gZ) ant; -Slaaml argl seal lou ;o aourtmato pratitano ue antasgo Ilsge pau ltoe Sxaea;o saotlontlsgo pus luualvui 'saxnlonals;o xralo Slanlua xlosxl g UT-eW moz ;aa dSI pue yy oN Xoval Moz3 iaa; S ;oataq drt2 xs to to Sdv xo still xapun Sir tlgvl[ xo uotly gqo AUG JO aaSaaatrl anatlax lou llggs uotlat, ae Ss goosaal;o atr; tanagmo`papnotd `astmatd agl of vault tions Sur ;o lu0a7g0mllg aql laanaxd of mvI Sq palltmxad aq Svui to sI lrgl Saetmaxd atil of loadsax gltm to uodn uotlav xaglo Sur aylul to saallou Sur lead of pazuoglnv Sgataq sI xosuaorrl put 'sasimaxd aql uo easueorl Sq 'auop aq of palltuuad xo patane to `auop xltom xrvdat to uo.lmtallr 'ao.lanxleuoa Sur;o Ino, 8meum Sault tIr par Sar a2xrgaStp pull Sud Stldmoxd I[mgS aasaaol I Saotivool snopxvzrq I ssmlo of loadeat gltm opop Ivoulaala IvaollrX aql;o uotltpa luauna uagl oql ;o suomAoxd aql gllm aouapt000u uI pouyelulmm aq par of uitopzoo samtl IIu is Ilvgs sammaxa aql uodn uollvRvlsm lvouloala taglo Sar par uagullulsm Ieaulaata quits par 'Sltouloala aq llvgs 'sxamsluoo lum2uo uaxtoxqun m ldaaxa aaeaaalrl Sq parole to palpuvq atm ea.lddne ping elgvmmvgm taglo xo Ito atagm 'sastmaxd aql uodn satnsoloue taglo to aaenogatrm 'sasnoq dmnd in 2mlg2q jut aStlxv I1V SouaBa toesaoane Sam xo `Spaox11vgl arattaury ;o uollvlooaed aql;o wnlsoldxa;o nvaxng aql Sq palv21nmotd amll of quill moa; suotlspuammooat par suotlsln2aa 11v gllm Sldmoo Ilsgs aasaaorl 'elanpotd mnalotlad Sam ;0 2utlparg astmtaglo to '2uuole `eutpsolan Till otil to; pasn aq llsgs sluam enotdml to saecmatd agl Juana agl nI tanoatagl aotlalpsun[ 2atntq Spoq lrlaamurano2 Sur ;o suot4min2at to axapto `eaouvarpto Sq to 'salnlsls aluls to Iuxapa; Sq pasodmt sluamaxmbea Ilu par Sam gptm Sldmoo hugs oasaaonl 'uoaxagl eluamoAoxdml aql 2msn par 2ullvtado '2mmmlureui '2allanxlsuoa m par 'saslmaxa qql 2ulm uj •E paxxnam os lava aql to; tosaaorI astnguitaz xo;atagl Iltq ;o uotltpuax agl,tal;s sSvp (0E) Sltlgl utgllm Mega easuaorl Juana qons at pan 'xlxom gons uuo;.rad 'uolldo alc lv 'SIM tosaaorl 'op of or xosueorl Sq lsanbet Sur;o ldtaoaz tel;v SSvp (9T) aaal;g ulgltm sasn;ax to slre; easueotrl;I puv R I D V R "A" X RIDER to license agreement dated June 1 1976 between THE ATCHISON. TOPEKA AND SANTA FE RAILWAY COMPANY and CITY OF SAN JUAN CAPISTRANO 20. Licensee will perCorm work to the satisfaction and at no expetise,to Licensor an Lic�nsor'� property and reimburse Licent�or for any inspection fees considered necessary by Liccnsor. 21. Licensee agrees to furnish and keep in force or arr�ingu to have furnished and keep in force inauranev of all kinds and arlounts 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 limiIs 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, Onc 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 lLa- 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 ot 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 furnish(d 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 thirt y (3C) 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 ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND Cl 7Y 0)` SA N JVA Al CA PIS 7 -RA A/0 LOS ANGELES, CALIF ^IA�-.S, /976 SCALE: I IN. TO /00 FT jEQUdQ7-H 0157 -PI - X'gh/- ./, �aoc/"& z:&- - -SA� IIVA� CA�ll IRA". 011.1,Vll� J� G, FRY A. G.M. -ENGINEERING '51RRA Yvexr 40,0,P- 4' S. /.3 ?2 * az - /-.e <� A-- A/ 40 � )ID AREA OvER Av,411cev Rlohlr' o,=Z1vrR)1 ZAP ^1 / 7' 7 S 14 0 W.,V S " A n AF0 A 7- -SAv 4/4/,4,V C� PIS r*-VAIVOp 0^4^10,6 com.'V-rv'� cq"-'s-a.Q'vIA C.E.C.L. DRAWING NO. 601-354?56 I m I DIV DWG NO -DIV FILE 164r I AGENDA ITEM 0 *eo 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 $650. ALTERNATE ACTIONS 1. Do not approve the agreement and direct Staff to reject all bids and redesign the sewer project. 2. Revise the enclosed agreement. 3. Approve the agreement. FOR CITY COUNCIL AGENDA 0 0 James S. Mocalis, City Manager AT&SF Agreement July 7, 1976 Page 2 RECOMMENDATION: By motion, ppro�e h AT&SF Railway License Agreement for p r . encroachmen w e i:stalling a 12 inch sanitary sewer and w or authorize t(hep-Mayor to execute the appropriate document. Respectfully submitted, b. � 'M 1� W. ur WDM: GL: -- Encl. rm 0 The Ohio Casualty Insurance Company 136 North Third Sh"t, Hailto., Ohio 45025 B*nd No 1 857 900 LABOR AND MATERIAL BOND CAUFORNIA—PUBUC CONTRACT KNOW A[ L MEN BY THESE PRESENTS, th,it STEWE CAPPELLO & SONS CONSTRUCTION CO as Principal, and I HE OHIO CASUALTY INSURANCE COMPANY, an Ohio cotpordtion authorized tO CXeLLJtC bonds in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the sum of FORTY TWO THOUSAND TWO HUNDRED EIGHT AND NO100 — — — — — — — — — — — — — ------------------------------------------------------- Dollars ($ 42,238-00 1 for which sum we bind ourselves, oui heirs, exeCUtOrS, idministrdtors, successors and assigns, jointly and severall� by these presents, THE CONDITION of the above obligation is such that, Whereas the Principal on the 12TH da� of JULY, 1() 76 , entered into d contract with the Obligee for CAMINO CAPISTRANO AND AT&SF RAILWAY SANITARY SEWER RECONSTRUCTION FISCAL YEAR 1976. AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY STATE OF Qa1j_f.arnj_a ..................................... COUNTY OF .............................. On this ... Z7.t.11 .... day of ......................................................... J141z ............... 19.16, before me personally appeared .... _ ... D...R...Meherin ....... ......... __ ............ Attorney-ift-fact, of The Ohio Casualty Insurance Company. with whom I am personally acquainted, who being by me duly sworn. did depose and say. that he resides in ......... Qhat,9WjClX.tl4 ... CA .................. : 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 mal of said corporation; that the seal affixed to the mid 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 mid instrument as Attorney-in-fact of said cor- poration by like ...... . ............ OFFICtAL SEAL My Commission e, ... LAURA. A.. DISTASO.... F.,rn S�170 rwary Public - California Notary Public. Los Anselus �..HLY CERTI#D COPY OF POWER OF ATORNEY THE OHIO CASUALTY INSURANCE COMPANY HOME OMCZ1 HAWLTON, OHIO No. 13-455 JKtWW �Pdl AfIt by (71plif lirrotitta: 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 0. Sanden — of Tarzana, California — — — — its true and lawful agent and attorney -in-fact, to make, execute. sea] and deliver for and on its behalf as surety. and Me its act and deed any and all BONDS, UNDERTAKINGS. and RECOGNIZANCES. not exceeding in any single instance ONF MILLION — — — — — — — — — — — — — — — — — — — — — — — ($ 11000,000.00 Dollars. excluding, however, any borld(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, hall be as binding upon said Company, as fully and amply, to all interib, 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. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto s.6scribed his name and affixed the Corporate Seal of the T said The Ohio Casualty Insurance Company this lst day of May 19 75. lial SEAL )z (Signed) Richard T. Hoffman ...................... ­­ .............. ............................................. ... .... Assistant Secretary STATE OF OHIO, Ss COUNTY OF BUTLER i On this lst day of May A. D. 19 75 before the subscriber, a Notary Public of the State I 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 mine. and being by me duly sworn cleposeth and mith, 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 mid Corporate Seal and his signature as officer were duly affixed and subscribed to the mid instrument by the authority and direction of the said Corporation. gailUill,", IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Sea] at the City of Hamilton. State of Ohio, the day and year first above written. g a (Signed) Doro��..Blbe.e ................................................ y ­�h in lird for Co unry of Butler. State of Ohio My Commission expires ..... December ... 9.4 ... 19.7�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 Attorztey.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 attorney. -in -fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate sea], 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 board. 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 director. 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 attorney. 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 sea] of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signature, and seal are hereby adopted by the Company as original signature* 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 Director, Mr. true and correct copies and are in full force and affect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company th"`27tl�'y of jUly A.D.. 1976 r M A L I v��_iS E Ni Assistant Secretary S-43MC 10-74-3M 0 (M The Ohio Casualty Insurance Company 136 North Third Street, Hamilton, Ohio 45025 Bond No—!A-57 900 PREMIUM: t422.00 PERFORMANCE BOND CALIFORNIA— PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS: That STEVE rAPP�ILLO & 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 hold and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the sum of FORTY TWO THOUSAND TWO HUNDRED EIGHT AND NOIOO ----- ------------------------------------------------- Dollars ($ 42,238.00 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 info a contract, dated JULY 12 . 1976 , with the Obliges to do and perform the following work to-wif: CAMINO CAPISTRANO AND AT&SF RAILWAY SANITARY SEWER RECONSTRUCTION FISCAL YEAR 1976. AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY STATE OF ..... Qa�,ifi)raia ................................. COUNTY OF .......................... ........ 0. thi...j�7�)x .... day of ......................................................... ��Iy ............... 19?�... before me personally appeared ................... DA ... ..................................................... Attorney-in-fact, of The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me duly sworn, did depose and say, that he resides in..PAM§A9X!)Xs .. CA ......................... : 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 know* the corporate seal of said corporation-, that the seat affixed to the said instrument is such corporate sea]; 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 or.d,e.r,..,,.,, ...... ..... . . 1.1.11- ........... . GFRCIAL SEAL My Comm LAURA. A.. DISTAU.... .................................... tission Form S 170 uatary Public - California Not.,, loubli.. geles County 1� Los A9- I CEILTIOD COPY OF POWEP, OF ATORNEY THE OH11O CASUALTY INSUBANCE COMPANY HOME OFFIM HAWLTON, OHIO No. 13-455 IKIWIV Att Men big (T4elle 11refignto: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 7 of the By -Laws of mid 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-fact. to make, execute. sea] and deliver for and on its behalf as surety, and an 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(it) guaranteeing the payment of notes andintereat thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon mid 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. X", SEAL i_ -- In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto oub.crib.cl his name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this list day of May 19 75. STATE OF OHIO, 5S. COUNTY OF BUTLER I (Signed) Richard T. HoffMan ................................................................................................ Assistant Secretary On this list 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. Hoffkan, 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- ]edged the execution of the mine, and being by me duly sworn depo.eth and mith. 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 mid Corporate Sent and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. gaullialf... IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio. the day and year first above written. y", % (Signed) Dorothy Bibles ......................... ................................................................ otary Public in and for County of Butler, State of Ohio "ath I My Control De e er asion expires .......... Iq..Mb ........ ?..x ... 192� ..... 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 director. 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 -fact 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 scaled 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 a a 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 it. Board of Directors are tru. 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 JU1Y A. D., 19 76 S E A L ........... S -4300-C 10,74-3M �/, x� Assistant Secretary I 7 I I P I BID PROPOSAL For the construction of Camino Capistrano & AMSF Railway Sanitary Sewer Reconstruction To the Honorable City Council City of San Juan Capistrano Gentlemen: ADV. DATES: BID DATE: From Ban Contractor The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans and Specifications and General Conditions therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby 'proposes and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in paragraph 1-1.09, of the General Provisions, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: $ �4 7- � 23 K, () 0 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 -4- 0 0 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 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 ,$ cash", "cashier's check", "certified check", or "bidder's bond", as the case may be) in an imount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Licensed in accordance with an act providing for the registration of contractors - - License No. —f L3 5(.q S A Si natire of, 4idder,,� QAI�'PLLLO CONSTRUIMON CR 311 !arh[ GtrC! San c�pjs!i�znl, CA 9'2b/t) (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: president, secretary, treasurer and manager thereof.) Dated: 191L 2 4. R- i i bartat CtrcLe �.a n IQ zA Ca�,Oremo Business Address i:A-1 - .81 4ii 44 r Pho e Nimber —5— SCHEDULE OF WORK ITEMS ITEM NO. APPROX. QUANTITY WORK ITEM WITH UNITS (PRICE WRITTEN IN WORDS) UNIT PRICE (IN FIGURES) TOTAL AMOUNT 1 L.S. Repair 8" V.C.P. Camino Capistrano for the lump sum Mce of 01WP 'actoamee, 4 �1� Dollars $ L.S. te a 2 2 EA Rework manholes Camino Capistrano for the unit price of T 4t� rtitpi-z, L�4 U 4 ddlOars each manhole $ 2,50-00 $ 700.00 3 L.S. Abandon 10" V.C.P. Camino Capistrano for the lump sum pric f Ll ,4- Dollars $ L.S. $ 750-00 4 730 Relocate and construct L.F. security fencing for the unit price of dollars per lineal foot $ $ C D, 00 5 3 EA Standard 48" manhole in place for the unit price of 14 'Wt" am dollars per manhole. $ $ 4-500-60 6 1,080 Remove existing 12" sanitary L.F. sewer for the unit price of dollars per lineal foot $ P-00 $ 2 160-00 7 L.S. Protection of railroad siding for the lump sum price of 4b ]/A, :.H.Um C'" Dollars. $ L.S. $ -5a- I ITEM APPROX. WORK ITEM WITH UNITS NO. QUANTITY (PRICE WRITTEN IN WORDS) 8A ALT 8B ALT 9A ALT. 9B ALT. 0 UNIT PRICE TOTAL (IN FIGURES) AL40UNT (Alternate Bid Items 8A and 8B - Provide Bid for only one Alternate) 1,080 Construct 12" V.C.P. sanitary L.F. sewer in place for the unit price of dollars per lineal foot $ 1,060 Construct 12" P.V.C. sanitary L.P. sewer in place for the unit price of T�U841 ,�T_AATa_ dollars per lineal foot $ ?2 00 R $ 2.3 10 60 (Alternate Bid Items 9A and 9B Provide Bid for only one Alternate) 472 Construct 8" V.C.P. sanitary L.P. sewer in place for the unit price of dollars per lineal foot. $ 472 L. F. TOTAL BID Construct 8" P.V.C. sanitary sewer in place for the unit price of f- OjdAlj&,�, dollars per lineal foot. $ /q__00 $ .-5b- -Dollars 0 . 0 Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. -1- 9 -)(1 - Date Phone Number . . 0 - 0 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITK BID STATE OF CALIrORNIA ) County of ogqA167 (-- Lvfq�_Zr'& -, being first duly sworn deposes and says that he is ev gv";/ C__ k of L 4eX151_RYC1_1041 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 sl. -.11 rofrain 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 thte 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 butt— Subscribed and sworn to before me this day of ig-7 OMCIAL SFAL y and State i Notary Puhnic ifi affd for said Count J. T"MALE 0 -M FORNI PR;;q- P, -t 0MCE IN 0 0"ANGE COUNTY my commission E Nov. 1, 1976 -7- I DESIGNATION OF SUB -CONTRACTORS Submit with Proposal In compliance with the Provisions of Section 4100-4107 of the government Code of the State of California as amended the undersigned certifies that he has used the sub -bids of the following listed sub -contractors in making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub- contractors are listed, allbonds and insurance will be written in the name of the general contractor only. Item of Work Sub -Contractor 1. .2. 3. 4. 5. M 7 0 Address Phone No. BIDDER'S NAME AUTHORIZED SIGNATURE 0 0 flo �e,je"s 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. FOR CITY COUNCIL AGENDA ... Mn. 0 James S. Mocalis Sanitary Sewer -2- TABLE I Project Line behind Spaulding's Line in Camino Capistranol Reconstruct master planned facilities Trunk line Camino Capistrano- Freeway2 0 May 19,,1976 Engineer's Estimate Budget $35,075.00 $ 30,800 7,536.00 15,000 489.00 8,000 $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, pprove 'nitary Sewer Reconstruction, Fiscal Year 75-76 p S f t P� and authori(e S f to advertise and receive bids for construction. Respectfully submitted, W. D. Murphy WDM:GML:cj Attachment XWOO] VC, I -j 5 t A N G �4: r, NDRINA Ik" Cal �.d to, Eir AVENIDA AP VA j "'Isto AV "fNIDA I -P�-k D-, Y9 WINIf AT 0-1 RE Comm avaW Y6 rg�Aj. F/,O A/, 19 7.12 1� AGENDA ITEM May 5, 1976 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. 5. Court hearings. 6. Trial. FOR CITY COUNCIL AGENDA 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, L4. f�� top, W. D. 2�rpy WDM: WPB/m 0 26 4 f 77� A-0 "I a I C7 '114// IN\- --,j 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 - ATaSF 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 riqht-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 .. .. 9, B ._:> r,-]L 0 James S. Mocalis Sanitary Sewer -2- April 7, 1976 TABLE I Project Line behind Spaulding's Line in Camino Capistranol Reconstruct master planned facilities Trunk line Camino Capistrano- Freeway2 Engineer's Estimate Budget $39,472.50 $ 30,800 7,336.00 15,000 491.50 8,000 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, �). N.0 W. D. MU tR— 4k y WDM:GML:cj Attachment ,�De v �<� P,\ koc o�lspo A*Arjr -1 A V 4F , � Wssl� tlljl�ssloll R A E ,Y7 4F RE eo MM ENO&D SYS rell?, SE Wfe � .,eEciowreocrzoAl. 1976 FN 14); K 0 /00 COIV57- '15r 1c-szrw2-, JO//V w rtlA L -41 ta mu? EMPIOCERTIFICATE OF INSURANCE I YERS INSURANCE OF WAIRX 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. ) This certificate renews or replaces the certificate previously issued. RECEIVED Nome and address of Insured 25 AM'76 F- CITY OF Steve Cappello & Sons- SAN jMil Construction Co. 26811 Lariat Circle San Juan Capistrano, Ca. 92675 L Kind of Coverage t Expiration Date Policy Number Limits of Liability Workmen's Comperoation Bodily Injury Property Damage Each Person Each Occurrence Aggregate Each Occurrence Aggregate Comprehensive (1) General Liability ** 1 1-1-77 2027 oo o34920 1-,0-00.000 1,000,000 1,000.0 1,000, Manafacture,,'and Contractor,' Liability Owners', Landlords' and Tenants' Liability Contractual Liability Automobile X owned 1 1-1-77 2027 co o34920 1 000 000 1.000.000: X Hi ed and N onowned (1) P roducls - C am pi eted 0 perani on s: ]U I rcl u ded L] Excluded T The entry of a number in this column means that the coverage is afforded by the company designated by the some number, - Unless otli indicated, this policy affords full 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 ofiorded applies to: � ) contracts designated m contractual coverage pod; ( 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 #BJ - 70112 Description of Automobile, or, Location, covered by policies listed in this,erlificate; Anywhere in the United States of America, its territories or possessions or Canada. any contract or other document with respect to which this certificate may be issued a( may pertain, the insurance afforded by the poticy (policies) described above is subject to all of the terms, exclusions and conditions of such policy (policies) during the terrms) thereof. Issued to: Issued by: X ) ( I- ) Employers Mutual Liability Insurance Company of Wisconsin ) ( 2. ) Illinois Employers Insurance of Wausau City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 9 7Lt n4 U 5 A -" Date Issued: 8-13-76 PloceLOS Angeles, Ca. 90010 R. LA Rep. 1659 Signed— is) 15 5736 Authorized Company Requesentat J 0 EfliAllovers lusairance of WinIS41111 0 RAILROAD PROTECTIVE LIABILITY INSURAYWRACY (State or Federal Highway 9101fft'�2_ SE Pu 07 zU27 03 034920 Item 1. Named Insured and Addr, THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY 121 E. SIXTH ST. LOS ANGELES, CA 90014 2. Policy Period: From 7 30 76 to 7 30 77 12:01 A.M. MUTUAIL$-MEMBERSHIP AND VOTING NOTICE: The insured Employers Mutual Liability Insurance Company of Wisconsin, all meetings of said Company. The annual Meetings are held May, in each Year, at 10:00 o'clock A. M PLEASE READ YOUR POLICY CAFi S T Servi� Adl or Telephona Emooyem Inwrdinee orwausa 3130 Wilshi,a B.ula�.rd Lm Angefes, California 9001C Phone (213) 381-5484 THIS POLICY IS NONASSESSABLE a notified that by virtue of this policy, he is a member of the and is entitled to vote either in person or by proxy at any and in its home office at 'Wausau, Wisconsin, on the fourth Friday of Employers Mutual Liability Insurance Compaq of Viselonsin HOME OFFICE; WAUSAU, WISCONSIN (A mutual insurance company, herein called the company) In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, agrees with the named insured as follows: INSURING 1. Coverage A—Bodily Injury Liability To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury, sickness, or disease, including death at any time resulting therefrom, hereinafter called "bodily injury", either (1) sustained by any person arising out of acts or omi . s- sions at the designated job site which are related to or are in connection with the work described in Item 4 of the declara- tions, or (2) sustained at the designated job site by the con- tractor or any employee of the contractor, or by any employee of the governmental authority specified in Item 7 of the dec- larations, or by any designated employee of the insured, whether or not arising out of such acts or omissions. Coverage B—Property Damage Liability To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of physical Injury to or destruction of property, including loss of use of any property due to such injury or destruction, herein- after called "property damage", arising out of acts or omissions at the designated job site which are related to or are in con- nection with the work described in Item 4 of the declarations. Coverage C—Physical Damage to Property To pay for direct and accidental loss of or damage to rolling stock and their contents, mechanical construction equipment, or motive power equipment, hereinafter called loss, arising AGREEMENTS out of acts or omissions at the designated job site which are related to or are in connection with the work described in Item 4 of the declarations; provided such property is owned by the named insured or is leased or entrusted to the named insured under a lease or trust agreement. Definitions (a) Insured—The unqualified word "insured" includes the named insured and also includes any executive officer, director or stockholder thereof while acting within the scope of his duties as such. (b) Contractor—The word "contractor" means the contractor designated in Item 6 of the declarations and includes all subcontractors of said contractor but shall not include the named insured. (c) Designated employee of the insured—The words "desig- nated employee of the 'insured' " mean: (1) any supervisory employee of the insured at the job site, (2) any employee of the insured while operating, attached to or engaged on work trains or other railroad equipment at the job site which are assigned exclusively to the contractor, or (3) any employee of the insured not within (1) or (2) who is specifically loaned or assigned to the work of the con- tractor for prevention of accidents or protection of prop - 1 -76 Md. USA 515-2863.2 payment, assume any obligation or incur any expense other benefit of any carrier or bailee, other than the named insured, than for such immediate medical and surgical relief to others liable for loss to the property. k 11 k ; +; + +he time of accident as s a e rnFera ve a 7. Action Against Company—Coverages A and B No action shall lie against the company unless, as a condition precedent thereto, the insured shall have fully complied with all the terms of this policy, nor until the amount of the insured's obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organiza- tion shall have any right under this policy to join the company as a party to any action against the insured to determine the insured's liability. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the company of any of its obligations hereunder. Coverage C No action shall lie against the company unless as a condition precedent thereto, there shall have been full compliance with all the terms of this policy nor until thirty days after proof of loss is filed and the amount of loss is determined as provided in this policy. B. Insured's Duties in Event of Loss—Coverage C In the event of loss the insured shall: (a) protect the property, whether or not the loss is covered by this policy, and any further loss due to the insured's failure to protect shall not be recoverable under this policy-, reasonable expenses incurred in affording such protect ion shall be deemed incurred at the company's request; (b) file with the company, as soon as practicable after loss, his sworn proof of loss in such form and including such in- formation as the company may reasonably require and shall, upon the company's request, exhibit the damaged property. 9. Appraisal—Coverage C If the insured and the company fail to agree as to the amount of loss, either may, within 60 days after proof of loss is filed, demand an appraisal of the loss. In such event the insured and the company shall each select a competent appraiser, and the appraisers shall select a com- petent and disinterested umpire. The appraisers shall state separately the actual cash value and the amount of loss and failing to agree shall submit their differences to the umpire. An award in writing of any two shall determine the amount of loss. The insured and the company shall each pay his chosen appraiser and shall bear equally the other expenses of the appraisal and umpire. The company shall not be held to have waived any of its rights by any act relating to appraisal. 10. Payment of Loss—Coverage C The company may pay for the loss in money but there shall be no abandonment of the damaged property to the company. 11. No Benefit to Bailee—Coverage C The insurance afforded by this policy shall not enure directly or indirectly to the 12. Subrogation In the event of any payment under this policy, the company shall be subrogated to all the insured's rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. 13. Application of Insurance The insurance afforded by this policy is primary insurance. 14. Three Year Policy A policy period of three years is com- prised of three consecutive annual periods. Computation and adjustment of earned premium shall be made at the end of each annual period. Aggregate limits of liability as stated in this policy shall apply separately to each annual period. 15. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form 3 Part Of this policy. 16. Assignment Assignment of interest under this policy shall not bind the company until its consent is endorsed hereon. 17. Cancelation This policy may be canceled by the named insured by mailing to the company written notice stating when thereafter the cancelation shall be effective. This policy may be canceled by the company by mailing to the named insured, contractor and governmental authority at the respective ad- dresses shown in this policy written notice stating when not less than thirty days thereafter such cancelation shall be effec- tive. The mailing of notice as aforesaid shall be sufficient lyrooi of notice. The effective date and hour of cancelation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the company shall be equivalent to mailing. If the named insured cancels, earned premium shall be com- puted in accordance with the customary short rate table and procedure. If the company cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancelation is effective or as soon as practicable after cancelation becomes effective, but payment or tender of unearrred premium is not a condition of cancelation. 18. Declarations By acceptance of this policy the named in- sured agrees that such statements in the declarations as are made by him are his agreements and representations, that this policy is issued in reliance upon the truth of such repre- sentations and that this policy embodies all agreements exist. ing between himself and the company or any of its agents relating to this insurance. 19. Mutual Policy Conditions. PARTICIPATING CLAUSE WITHOUT CONTINGENT LIABILITY. No Contingent Liability: This policy is nonassessable. The policyholder is a member of the company and shall participate, to the extent and upon the conditions fixed and determined by the Board of Directors in accordance with the provisions of law, in the distribution of dividends so fixed and determined. IN WITNESS WHEREOF, the EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN has caused this policy to be signed by its president and secretary at Wausau, Wisconsin, and countersigned on the declarations page by a duly authorized representative of the company. W_'eSe�cretary President 0 0 The Atchisong Topeka and Santa Fe Railway Company A Santa Fe Industries Company R P. C D 121 East Sixth Street, Los Angeles, California 90014, Teleph ne 213/628-0111 K? 29 1 EMPMI119 September 24, 1976 CITY OF File: BJ -70112 SANJUAN C A P I S T R.A 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. /,o - "d M. W. Lloyd / 7 Supervisor of Cbntracts cc: Mr. E. L. Kidd, Superintendent San Bernardino, CA X *N -,�— , R �J. L 6013 k ��4 �3;z�C, 0,0 PA� tO.6 SAN J 14 C ISTRANo�c AP I LFnRNI 92675 -A NE 4 7 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 Sever 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 yo rs, L 1 Y4 (MRS) M Iry Ann Hanover City Clerk Enclosures cc: Dennis Bushore, Public Works Department JCERTIFICATE OF INSURANCE !OYERS INSURANCE OF WALRAU 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 exterid the coverage afforded by any policy referred to herein. X ) This certificate renews or replaces thecertificate previously issued. Name and address of Insured F_ Steve Cappello & Sons Construction Co. 26811 Lariat Circle an Juan Capistrano, Ca. 92675 L Kind of Coverage I Expiration Date Policy Number Limits of Liability Workmen's Compensation 1 1-1-78 2018 oo o34920 Bodily Injury Property Damage Each Person Each Occurrence Aggregate Each Occurrence Aggregate Comprehensive (I General Liability " 1 1-1-78 2028 00 034920 1,000,00 1,000,000 1,000,00 1,000.00 Manufacturers'and Contractors' Liability Owners', Landlords' ,ad Tenants' Liability Contractual Liability Automobile X Owned 1 1-1-78 2028 00 034920 500,000 L,000,000 1,000,000 X Hired and Non.wn.d (1) Products - Completed Operations: Rkincluded Ej Excluded t The entry of a number in this column means that the coverage is afforded by the company designated by the some number. * Uirless otherwise indicated, this policy affords full coverage under the Workmen's Compensation lows of all states (except states wherecoverage can be provided only by State Foods, 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 port; ( Xy) all written contracts. as Job: Contract -#BJ-70112 License #601-33956 Encroachment while making installation of twelve -inch sever line (7-5 Feet from Track No. 4 and 15 Feet from Main). Description of Automobile, or, Locations covered 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 whicl th cear'"' "' m be issued or may pertain, the insurance afforded y (Pali, by the policy (policies) described above is subject to all of the terms, exclusions and conditions of such polic cies) clur?ng 11hatterar(s) thereof. issued to: Issued by: (X 1- ) Employers Mutual Liability Insurance Company of Wisconsin City of San Juan Capistrano 2.) Illinois Employers Insurance of Wausau City Hall Date Issued: 12/9/76 Place Los Angeles, Ca. 90010 �1� 32400 Paseo Adelanto R. LA Rep. 1659 San Juan Capistrano, Ca. 92675 Attn: J. H. Schwartz Signed L/, 9 75 PRTP IN U 5 A (5) 15 57U Authorized Company Representative STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF SAN JUANI CA131STRANO ly MARY ANN HANOVER, 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 Minutes of the regular Council Meeting held on the 7th day of July, 1976. (SEAL) 0 ?27V�Z4��'Igi XUI MARY ANN/1 NOVER, City Clerk San Ju.ap/Capistrano, California DATED: This 10th day of September 1 197 6 . The Atchison, Topeka and Santa Fe Railway Company A Santa Fe Industries Company IRECEW I h ne 113/629.0 121 East Sixth Street, Los Angeles, California 90014, isy 2 OU 5 19 September 1, 1976 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. 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 1XI 1 i Fimiota �NMJ IA16SW Lo NAME ADDRESS PHONE NO - COPIES 3) 7 7 3 --3,f J 7 1514 -�Alll! Z, �S��AJ MAA.,' 044:2,S ��Al /7 z�j 3 3,C 3 - Y) n 'D Fj' 0 A (n rt it rt 0 P, 0 P) �5 Z� ;, ol FV F< H' (D F� En -130 la� ft e co rj) r� F1 (D 03 (D 7 (D 0 rr r,l 0 < (D til 0 (D (D ft �'D :�.' U) (D �3- x 0 (D En rf f I -i --j co m C> NJ F- --3 �j C) C, t7� m C� ;n CD C) ;n �.n (D co C) cn r.1 ;zl w Ln H to Ln Ln 'CC) Ln 0) al C) 3 CD w 0 CD C> X. C� 0 �j 0 C) CD C) 4� 0 C) C) CD C) C) cn NJ Ln C� �vo Fl C:) t� Ln 00 CD C) rn 0 C C) 0 0 C:) C) o n Fl - rt, Y) n 'D Fj' 0 A (n rt it rt 0 P, 0 P) �5 Z� ;, ol FV F< H' (D F� En -130 la� ft e I I I I 11 il CITY COUNCIL DOUGLAS B. NASH, MAYOR YVON 0. HECKSCHER JOHN B. SWEENEY RICHARD D. McDOWELL KENNETH E. FREISS W. D. MURPHY DIRECTOR OF PUBLIC WORKS - CITY ENGINEER 1976 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA PLANS, SPECIFICATIONS, SPECIAL PROVISIONS AND CONTRACT DOCUIiIENTS FOR CAMINO CAPISTRANO and AT&SF RAILWAY SANITARY SEWER RECONSTRUCTION FISCAL YEAR 1976 /7 du eo. I I 11 il CITY COUNCIL DOUGLAS B. NASH, MAYOR YVON 0. HECKSCHER JOHN B. SWEENEY RICHARD D. McDOWELL KENNETH E. FREISS W. D. MURPHY DIRECTOR OF PUBLIC WORKS - CITY ENGINEER 1976 I 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. I I I I it 11 I I fo`�_ 0 I I I I I I Form 1617-8 Standard 0 (A"mred by Qen�#J BoU=W) LICENSE BJ -70112 TMB LICENSE, Made as of th,—'st —day of ___!'_Me 19 76 between.— THE ATCHISON, TOPEKA AND SANTA FE RAILWAY C015PANY I Delaware -corporation (here�nafter called "Licensor"), 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 as follows: 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 Courrty f___2range State California —, cutlinedirrTed-coloringon the print hereto attached, No.601 -33956 dated. May 5, 1976 . 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- tain�d or may obtain permission or authority from lAcensor so to do, (a) to operate, mainthin, 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 a. licensee shall pay to Licensor as compensation for fbe-use-of -ther-Premises the sum of ------ One Hundred Fifty and No/100 --------------------------------- Dollars ) payable in advamm- Said -compensation shall be subject -to revision at five (5) year interval&. -4—.-Licenseecove an imd 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 Existini, Improvements." Such improvements, if any, together with any other improvements hereafter placed upon t�O Premises by or for account of Licensee are hereinafter called "Improvements." S. Licensee shall pay before the same become delinquent all taxes, charges, rates, and assm9ments which may, during the term of this license, be levied upon, or assessed against, or be equitably chargeable to or assm�ed in rtwpert of the Improvement--; and where any such tax, rate, charge, or assessment may be embraced in the general ninolint of taxes charged upon the Premises Separately or in connection with other property of Licensor and Licensor shall pay all of said taxes, then Licensee shall prompt]), repay or refund to Licensor the amount or part of the tax, charge 6;e��essment cquitablyLor fairly apportionable to the Improvements. encroachment while making installation 6. Licensee shall use the Premises exclusively as a site for- . of twelve -inch sewer line the object of Licensor being to facilitate the convenient operation of the railroad, telegraph and telephone lineR 01 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 "I be satisfactory to Licensor, andi-if required by Licensor, shall paint the Improvements with paints of a color I I I H I 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 Prem%es 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. 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. Attached hereto and made a part hereof is Rider "All identified by the signature of 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. 71fkA!9MQN._:KQ1' M ........ (Licensor). Approved as to description: — — ------- — — . ..... _-- Chief Engineer. R I D E R "A" RIDER to license agreement dated June 1 197 between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY and ---CITY OF SAN juvi upimmo 20. Licensee will perform work to the satisfaction and at no expense to Licensor on Licciisor's property and reiinhurse Licensor for any inspection fees considered necessary by Licensor. 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 t o 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) regNlar 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 b -,,/,k,_ EXHIBIT "N' ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND Cl 7- Y Olc' SA Al i-IVA jV CA PIS 7 -RA A/0 LOS ANGELES, CALIF J. G. FRY MAYS, /974 A,GM. - ENGINEERING SCALE: I IN, TO /00 FT, 'f'gh"' Olt �Qgl��rg -,P-d ��UR7-" Z)157 -,RIC 4 . 6"' 71� "A �.'O.VA —I Cl�e -S�RAIA IVEX� SrA�10M .e..Ena"Qpp. Z. S. /3 92 8z 1 M.P. 1974639'78.47 — 4'e (s, Z A/,o �— AREA OVER AVqICH R16AJ7- 0,�,EA17-Ry A -r �Av L/e./.4,v C^,als7wq1vo� O,qANQ.e co""r�') C.E.C.L. DRAWING NO. 601-3315'6 ILm. w ir Q6. I I I I I I a] I I i I il 11 11 TABLE OF CONTENTS CONTRACT DOCUMENTS (White) PAGES NOTICEINVITING BIDS ................................ 1 - 3 BID PROPOSAL ........................................ 4 - 6 NON -COLLUSION AFFIDAVIT ............................. 7 DESIGNATION OF SUB -CONTRACTORS ...................... 8 INSTRUCTION TO BIDDERS .............................. 9 - 14 CONTRACT .................. i ......................... 15 - 17 BIDBOND ............................................ 18 FAITHFUL PERFORMANCE BOND ........................... 19 LABOR AND MATERIAL BOND ............................. 20 - 21 SECTION 1 (Yellow) GENERALPROVISIONS ............................. 22 - 62 SECTION 2 (Green) DETAIL SPECIFICATIONS .......................... 63 - 90 SECTION 3 (Blue) (Pink) SPECIAT PROVISIONS (Blue ........... 91 - 94 ITEMS OF WORK AND MEASUREMENT AND PAYMENT ...... 95 - 98 (Pink) I I I I � I � I � I I I 0 0 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, 9M I I I I I I 11 I I I 11 I 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- I I I I I I I I I I I I I 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 nct be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be consi6ered. 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 bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into 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. � I I I 11 I I I I I Licensing of Contractor. All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawl of Bids. Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. Opening of Bid Proposals. The City will, in open session, publicly open, examine, and declare the bids at the time set forth in the "Notice Inviting Bids.,, Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids. No bidder may withdraw his.bid for a period of forty-five (45) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructiong and with the "Notice Inviting Bids." The City, however, reserves the right to reject any or all bids and to waive any nonconformity in the bids received. The bidder to whom the award is made shall execute a written Contract with the City and furnish the stipulated bonds within ten (10) days after the notice of award of contract. The Contract 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 Bond and the Faithful Performance Bond. -12- If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. 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. 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. 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. to The Bidder's attention is directed to the specifications as 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. 71 t � I � I � I � I I 7 � I 11 11 11 11 Workmen and Wa�es. Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates deter- mined by the City pursuant to S�_id Code and as listed in the "Notice Inviting Bids.�, Buildin'- Permits. It shall be the Contractor's responsibility to obtain all nacessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. -14- I F (SAMPLE) 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 J�UA� CAPISTRANO, Orange County, California. I 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 accepteC, 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 tl�e 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 CZ_rporate 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 Corporate Seal ATTEST I Title Corporate Seal Title SURETY By Title _18- (SAMPLE) FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Premium 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 te rms 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 Cil.y-Z;f 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.alterat,ion 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 naine 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 SUITTY BY I I (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. -20- IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the day of 1975. .The name and corporate seal of eacli corporate party being hereto affixed and these presents duly si.-ned by its undersi.-ned repre- sentatives pursuant to authority of its governing body. LO M M -21- PRINCIPAL GENERAL PROVISIONS I N D IVIX Section Title Page I-1 DEFINITIONS AND TERMS 23 1-2 PROPOSAL REQUIRrMVTS ANn CCOUITIONS 27 1-3 AWARD AND EXECUTION OF CONTRACT 30 1-4 SCOPE OF WORK 32 1-5 CONTROL OF THE WORK 34 4�6 C&NTROL OF MATERIALS 39 1-7 LEGAL RELATIONS AND RESPONSIBILITIES 41 1-8 PROSECUTION AND PROGRESS 51. 1-9 IMBA.suREMUUT AND PAYMXNT 56 1-10 GUARANTY 61 1-11 LABOR AND MATERIAL BOND 62 -22- I I j I 7 7 L I F- L F1 I GENERAL PROVISIONS -1 DEFINITIONS AND IT Whenever the following terms or corresponding pronouns are used, either in these specifications or in any document or instrument wherein these specificat4ons I-overn, 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 Ci The City of San Juan Capistrano, Orange County, California. 1-1.07 City Cie - Lk The City Clerk of the City of San Juan Capistrano, orange County, California -23- 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 payraent by the Contractor of all obli.-atiors 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 1-1.08 City Council calendar days. 1-1.13 Detail Spec iLi.��at ions Supplemental or aw.endatory written direction, pro- The Council of the City of San Juan Capistrano, orange standard specifications as necessary to adequately cover conditions or requirements peculiar to the City. County, California. 1-1.14 EngiDeer 1-1.09 Contract The City Engineer of the City of San Juan Capistrano, Orange County, California, or his authorized represen- The written agreement executed Contractor, relative to the by the City performance of and the the work 1-1.15 EDginaer's Estimate and the furnishing of the necessary labor, tools, equip- formed and material to be furnished as shown on the ment and materials in order to perform the work. of bids only. 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 payraent by the Contractor of all obli.-atiors incurred in connection therewith. 1-1.11 Contractor The individual, partnership, firm or corporation, contracting with the City to perform or execute the work. I -24- I 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 Spec iLi.��at ions Supplemental or aw.endatory 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 EngiDeer The City Engineer of the City of San Juan Capistrano, Orange County, California, or his authorized represen- tative. 1-1.15 EDginaer'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. I -24- I I I I I I I ! 1� I 5 I F1 I I I I I I 1-1*6 General Provisions 0 Written direction, provi.sions or requirements of a general nature which are pertinent to the contract, plans and spocifications. 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 Provosal 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 sDecial*provisions Specific written provisions setting forth conditions or requirements peculiar to the particular job and supplementing or modifyin.- 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 aad 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 Spec if ications" of the Department of Transportation, Business and Trnnsportation An gency, State of California, shall be defined as the Standard Specifications. -25- I I I 1 _26- I A3 I - Sub- (70, n tra c to r The individu�,�J , partncrship, 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 include all alterations, amendments or extensions thereto made by written orders of the Engineer. Workdays shall be restricted to Monday through Friday unless written request outlining substantial reasons for workin.- on Saturdays, Sundays or contractural holidays is submitted to the Engineer a minimum of 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 necesqary 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, anO such services shall be billed against the Contractor at the current premium rates for the personnel assigned to the project. Such 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 written notice. 1-1.25 Standard Plans 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 for the City of San Juan Capistrano. I I I 1 _26- I I I � -27- I 1-2 PROP SAL - 0 aT COND IONS 1-2.01 ConLel,'(s cjj',' Proposal Prosp,active bidders will be furnished with proposal form-, 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 musl 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 amoun' 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 tho character, quality and quantities of work to ba perforbied and materials to be furnished. 1-2.04 Rejection Proposals of Proposals may be rejected if they show any alteration of form, additions not 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. I I � -27- I I - 2 W Bid Bond 0 Each proposal suliLuitted Linder these specifications must be accompanied bv cash, cashier's check, certified check or s-Aisfactory bidder's bond liade payable to the City of San Juan Capistrano in an amount not less than ton (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 t�e 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 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, Californiap 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 contrae't shall be forfeited to, ana 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 b4dder 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 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 I I I I N1 - I I F I I I I I I I I 1 -29- I SuAtted a sub -proposal to a Odder, or who has quoted prices oil mater ' J als to a bidder, is not hereby disqualiifie6 Jrom submittin.- a sub -proposal or quoting prices to other bidders. If there is reason to believe that collusion oxists am.on.g bidders, none of the par- ticipants in such collusion will be considered in future proposals. I I I I N1 - I I F I I I I I I I I 1 -29- I I I I I I I I I I I I I I I I I I I 0 AWARD AND EXECUTION 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 co:nputed 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 Materlal 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- 11 I I I I I I I I I I 0 .- 0 payment shall, be upon such contract to the Contractor, or any assiLmee of the Contractor, Until such renewed bond or bonds have been furnished. 1-3.03 Execution of Contract The contract shall. be signed by the successful bidder and returned to -ether 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 bindin.- 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 forfeituxe of the bid bond. Transfers of contract, or of interest in contracts, are prohibited. -31- I 1C 1-4 S Of OF WORK 1-4.01 Intent of Plans 1-111"S 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 I eft in place would interfere with the proper performance, construction or completion of the work, or would impair its subsequent intended use, shall be remov"ed by, and at the expense of the Contractor, unless otherwise provided by the spec-ifi- 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 I L I I I in such cases the City shall have the option of doing such work wlllh i"S o,.�.-n forces or permitting the work to be done bv 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 i-ontract. 1-4.04 Changos 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 determi-ned by the Engineer to be necessary for the proper completion of the whole work conteraplated. only when ordered or approved by the Engineer in writing may any sucli 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 chaDge 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 ne-at and presentable conditic)n., -33- I I I I H U I I I I I 1-5 CONTROL Or THE WORK 1-5.01 Authority of the. E-nI-ineer The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the -work; and questions as to the interpretation of the plans and specifications: and all questions as to the acceptable fulfillment of the contract on the part of the Contractor. His decision shall be final and he shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly. 1-5.0;1 lnspe.4�tion 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. The inspection of the work shall not relieve the Contractor of any of his obli.-ations to fulfill the contract as prescribed. Defective work or materials shall be made good, and unsuitable material may be rejected notwithstandin.- 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 0 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 det-iled or explained in the plans, specifications and special provis.ioDs, 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. -34- 1 0 in Ite event of any discrepancy between any scaled dimenqions on the plans and the figures written thereon, the figures shall be Lahen 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 a�-, though occurring in all. If there should be any inconsistencies in the above documents, the order of authority and control shall be as follows: 1. Special Provisions, 2. Detail Specifications, 3. Standard Specifications, 4. Plans, 5. Standard Details, and 6. General Provisions. 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 requirod by the exigencies of constrt�icticjn, will in all cases be determined by the Engineer and authorized in writing. I I 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 aild shall be as binding as if given to the Contractor in person. 1-5.05 Errors Qr Discrepancies Noted by Contractor If the Contractor, either before commencing work or in the course of the Nvork, 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, he shall. promptly notify the Engineer in writing of such conflict. The En.-ineer, on receipt of such notice, shall promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any xork done by the Contractor, whether directly or indirectly, after his discovery of such error, discrepancy or conflict, will be at his own risk and lie shall bear all costs arising therefrom. 1-5.06 Conformitv 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 requirod by the exigencies of constrt�icticjn, will in all cases be determined by the Engineer and authorized in writing. I I I 1-5. )7 Plans and Worki.n. Drawings The contract Dlans 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 plan.,; and specifications in good condition at the site of the work at all tivies. All P.uthorized alterations affecting the requirements and information given oil 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 0 drawings as are necessary to control tile 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: anchoi 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 (if 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 dimensioiis 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 spec if4 cations. 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 e.xistent. Nor shall tile 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 tile actual conditions revealed during the progress of the work, or otherwise. -36- I 0 1-5.08 Doiective 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. I I -3?-- 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 exDense of the Contractor. 1-5.09 Survey and Reference Points The Engineer shall. establish all reference points 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 En.-ineer. The Contractor shall notify the Engineer in writing at least 24 houi,s 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 ints, lines po 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 destro�,ed or dama-ed, they will be replaced at the Engineer Is earliest convenience. The Contractor may be charged for the cost of replacing or restorinl- stakes and marks destroyed or dama.-ed by reason of his negligent operations. I I -3?-- The Contractor shall fu2nish the Engineer such facilities and labor nceessary for setting and maintaining point's and lines as lie may require. I I I 1 -38- I 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 Enrineer, 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 mechai)ics. If any sub -contractor, superintendent, foreman, laborer or other person einployed 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. I I I 1 -38- I 1 -39- H 1-6 COMOL OF ADITFRIALS 1-6.01 Source of Supply and Quality of Materials The Contractor shall furnish all materials required to complete the work, except such materials as are designated in the 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 plans 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 frem 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 proscribed shall be submitted by the Contractor, or producer of all materials to be vised in the work for testing or examination as desired by the Engineer. All tests of materials furnished by the Contrac�tor 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 1 -39- H I I I I I I I -40- I standard specifications an(] in the special provisions. The Contractor shall fuPnish 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 En.-ineer. Samples will be secured and tested whenever necessary to determine the quality of material. City shall pay the cost of each first test; ConLractor 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 exr)ense 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. I I I I I I I -40- I 1-7 LEGP RELATIONS AND RESPONS IBI11*1 TIES 1-7.01 ObserviLq__La,,�s and Ordinances I I I I I I I 11 I 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 Nvages 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 them 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 --I I- The Contractor shall keep himself fully informel of all Sta:te and national laws, County and City ordinances and regulations which in any manner affect those engaged or employed in the work, or the j�,,atcrials 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 both, 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 directec to the following sections of the various codes of the State of California: 1-7.01.1 Prevailing Wage I I I I I I I 11 I 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 Nvages 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 them 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 --I I- The Conti -actor 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 dii7ected 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 -ub-contracior employing tradesmen in an appren- ticeable occupation to apply to the joint apprentice- ship committee nearest the site of the public works 1 -42- I Wall 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 in execs-- of the prevailing 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 Labor of 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 1813 inclusive, thereof. The Conti -actor 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 dii7ected 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 -ub-contracior employing tradesmen in an appren- ticeable occupation to apply to the joint apprentice- ship committee nearest the site of the public works 1 -42- I Said policy or policies of insurance shall name the Cit3, 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 coverin.- all employees on the project. In case any employees engage in hazardous work under this 1 -43- I 4project and which administs 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 lim"t 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 Cit3, 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 coverin.- all employees on the project. In case any employees engage in hazardous work under this 1 -43- I contact and are not proLecteAnder the Workmen's Compensation Act, the Contractor shal.1 provide, or cause to be provided, appropriate insurance for the protection of all such employees not otherwise protected. ,7 L 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 tile, City and certificates showing that all the above-mentioned insurance has been issued and is in full force and effect, shall be furnished to tile City prior to commencing work on this project. If the Contractor fails to maintain such insurance, the City may obtain such insurance to cover any damages which the City or its principals may be liable to pay through any of the operations under this contract and deduct 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 tile 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 work or by or in consequences of any improper materials used in its construction, or by or on account of any act or omission of the Contractor or his agents. -44- ,7 L 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 poblic 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 oiher 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 1 -45- I The Contractor shall be responsible for any liability imposed by law for any dama,,-e to any person or property resulting from defects or (-I bstruction or from any cause whatsoever during the nrogress of the work or at any time before its complotion and final acceptance. 1-7.04 Contractor's ResponsilAlity for Work and Materials Until the formal acceptance of the work by the City Council, the Contractor shall have the charge and care thereof and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any 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 "he 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 poblic 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 oiher 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 1 -45- I 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 operations, they shall be replaced or restored to ;in approved condition at the Contractor's expense. 11 1-7.06.2 __. Underground Facilities The Contractor shall protect from injury or da mage 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 und---rground 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 notknown 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 dawage 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 I�ngineer 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 judgment of the Engineer, such damage was not caused by negligence or carelessness on the part of the Con�racTor, 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 -46- 11 owners of the underground facility prefer that the relocation be pe)-formod by the Contractor, the Engineer will negotiate with the Contractor to determine the cost of the relocation. Payment for such relocation NAll be made by the ownevs or as extra work, as the case may be. I 1 -47- I 1-7.07 Public Convenience and Safely The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public travel and lie shall have under construction no greater length or amount of work than lie can prosecute properly with due regard to the ri.glit 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 tne approval of the Engineer. Construction. operations shall be conduct ' ed in such a manner as to cause as li - ttl.e 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, he 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 nublic. 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 in the detail specifications. provided I 1 -47- I 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 1-7.08 Employee Safety. Reasonable precautions shall at all times be exercised for the safety of employees on the work and applicable. provisions of the State and local laws and building and construction codes shall be observed. All machinery and equipment and other physical hazards EQUIVALENT," and the bidder, in the proposal submitted shall be guarded in accordance with the safety provisions by him, may offer any material or process which shall of the Manual of Accident Prevention in Construction of the Associated General Contractors of America unless the proposal, first, the price of the. material or such provisions are incompatible with State, County process so offered, and second, the price of the material or Municipal laws or regLll,-).t ions, in which event such State, County or Municipal laws or regulations shall govern. 1-7.09 SanLtjjr3�. (Londitions The Engineer may from time to tine 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 these rules and regulations, the Engineer shall have authority to enforce then 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 1 -48- I 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. 1 -48- I 9 . 0 If the bidder shall not offer any substitute in said proposal or if a subsLituto 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 indicaLed 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 agree to indemnify and save harmless the City, the City Council, the Engineer and their duly authorized representatives frora 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, he 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,tho 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 -49- I I I I I I P I I I I I I I I I I I I 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. -50- 0 0 PROSECUTION AND PROGMSS 1-9.01 Subletting and Assignment I I I I I I I 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 unless the instrument of assignment that the assignee assumes all prior for servJ 'ces rendered or materials performance of the work called for 1-8.02 Schedule of Work by the City Council contains a clause liens and claims supplied for the in the contract. 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. _51- The Contractor shall give his personal attenLion 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 prosee.ute.d in a sati.s- factory manner oy fails t * o 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. I I I I I I I 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 unless the instrument of assignment that the assignee assumes all prior for servJ 'ces rendered or materials performance of the work called for 1-8.02 Schedule of Work by the City Council contains a clause liens and claims supplied for the in the contract. 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. _51- If required by the Engineer, the Contractor shall submit supplementary proLr,�!is , I schodules which shall indicate approximately the percontago of work scheduled for completion at any time. 1-8.03 Time of Completion The Contractor shall complete the work called fo-, under the contract in all parts and requirements within the time of completion requirements of the 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. 1-8.04 Liquidated Damages 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 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 sustain in the event of, and by reason of, sucb delay and it is therefore agreed that the Contractor will pay to the City of San Juan Capistrano the sum of one 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 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 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 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 that the latter may suffer on account thereof. It is further agreed that in case the work called for 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 not, as it may deeni best to 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 cost of engineering, inspection, superintendence, and other overhead c�.ponses which are directly -52- cAable to the contract, allfwhich accrue during the period of such extension, except that tile cost of final surveys. and preparaticn of final estimate shall not be inClUded in such Charges. In the event that a suspens�on of work is ordered, as provided above, by reason of the failure of the Contractor to carry out orders, to periorill any pro- visions of the contract or to prosecute the ivoil, diligently, the Contractor, at his expense, shal - I do all the vork necessary to provide a safe, smcoth and unobstructed passm,-evviy throulgh the COnStrUCti011 �rea for use by public traffic duvil-ig, the period �>f -53- The Contractor shall not be assessed with 'liquidated damages nor tile cost of engineering and inspection during aay portion of the delay in the c-,)mplction of the work caused bv acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, freiglit embargoes, failure to move or relocate public utilities by the owners thereof, which interfere with the progeess of the work, or delays of subcontractors due to such causes; provided that the Contracto- shall notify t11c En.-incer in writing of the causes of delay within ten (10) days from the bo-inninIq of any such delay. Tile Engineer shall Lscertai-n tile facts aud the extent of the delay, and his findings of fact thereon shall be final and coiiclusive, 1--8.05 Temporary -Suspension of Work The Engineer shall- have the autbority to suspend the work, wholly or in Dart by written direction, for such period as he may deem necessary, due to -unsuitable weather or to sudh oillor 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 giNrell, to prosecute the work diligently, or to perform any provision o' I the contract. The Contractor shall immediately obey siuch di -rec Lion of the Engineer and shall not resiime the work until directed or approved in writin- by the Eni-ineer. If the Contractor should negle'ct: to nrosecute the work properly or fail to perform any provisions of 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 d0ficiencies and may dodLICt the cost thcreof from the payment then or thereafter due the Contractor; provided, however, that the City Engineer sh�,,Lll lipprove such action and certify the amount thereof 'to be charged to the Contractor. In the event that a suspens�on of work is ordered, as provided above, by reason of the failure of the Contractor to carry out orders, to periorill any pro- visions of the contract or to prosecute the ivoil, diligently, the Contractor, at his expense, shal - I do all the vork necessary to provide a safe, smcoth and unobstructed passm,-evviy throulgh the COnStrUCti011 �rea for use by public traffic duvil-ig, the period �>f -53- susponsi6n. The days oil which such suspension order is il) effect nl',y con:�,idered as part of the. time requirements ol' the contract. In the event that a susponsion of work is ordered by the Engineer, duo to unsuitable 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 oil whicti such suspension order is in effect shall not be considered as part of the time requirements of the contract. In the event of z, suspension of work under any of the conditions as set forth above, such suspension of ,vork shall not relieve the Contractor of his responsibilities ass set forth in Section 1-7. 1-8.06 Termination of Contract In the event that any of the provisions of this contraut are violated by the Contractor or by any subcontractor under any subcontract oil the work, the City may termil.ate the contract by serving writuen notice upon the Contractor of its intention to ter- minate such contract and, unless within ten (10) days after the se-rving 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-mentionod, 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 iis sureties shall be liable to the City for any excess cost occasioned in the event of any siich termination, and the City may take possession of and utilize -in completing the work, such materials, applian.ces 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 Contiactor be adjudged a bankrupt or make a general assignment for the benefit of creditors or should a receiver be ippoint-z�d on account of iiisolveiicy of the Contractor; should the Contractor persistently or repeatedly refuse or fail, except in cases for which -54- I I I I F I time an eponsion of is provideol to supply enough properly skilled worl�ni�n 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 porsistently disregard laws, ordinances or the instructions of the City or its dL-ly authorized engineers, inspectors or representatives, or otherwise be guilty of a substanLial violation of any provision of the contract documents, then the City, upon the certificate of its City En.-ineer that sufficient cause exists to justify such action, may, without prejudice of any other rig,ht or remedy an(] after giving the Contractor five (5) days written notice, terminate the empInyment of said Cortractor 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 shlill 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. I I I I F I 1 1-9 MEALMENT AND PAYMLNT 0 If material is shipped by rail, the car weights will be accepted, provided that actual weight of material. only will be paid for and not minimum car weight used for assessing freight tariff, and provided further that car weights NV411 not- be acceptable for material to be passed through mixing plants. 1-9.01 Meas�ur�_Lnent _�.f _Quantities All work to lie 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 con��ist 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 Moasures. The Contractor shall have all scales inspected by the State Bureau of Weights and Measures as often as the Engineer may doem necessary to ascertain the accuracy of si-ich scales. The Engineer may require the Co -tractor 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 material. only will be paid for and not minimum car weight used for assessing freight tariff, and provided further that car weights NV411 not- be acceptable for material to be passed through mixing plants. I 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 quantit4.os of work shall be considered as being the horizontal lineal or areal quanLities determined from measurements or dimensions of such work made or computed in horizontal planes in accordance with details sl -town on the pla.,ns, unless otherwise specified. -56- I 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 deliverod 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 sliall accept the payment. stipulated in his proposal, SUbjeCt to any additions thereto or deductions therefrom which may be mnde in accordance with the provisions of the contract documents and computed upon the basis of the actual quantities in the com ' pleted work, as full compensation for furnishing all materials, labor, tools, and equipment necessary to the completec' work and for performing all work contemplated and embraced under the contract in strict - ccordanco with th- plans and specifications; 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 deserip- tion connected Nvith the prosecution of -t:he 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 pefcentages shall relileve 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 wo-rk, 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 reqnest shall contain an accounting of the total amount of the work done and uiaterials furnished b -,T 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 difficnIties- of the work to be done. The Engineer may at his discretion, under unusual circumstanc3s, approve one additional monthly paymOnt, -57- 0 - 0 The City shall have access to all payrolls, records of pevsonnel, 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 apents, the names and addresses of all personnel and such schedules of the cost of labor, equipment, cost 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%) 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 proceeding in accordance with the provisions of the contract, or when in his judgment, the total value of 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- unIC01; the same was done unon Oitten order of the Eng-incer and �Iftcr all le.,al requirements have been complied witil. The CoatraCt,or agrees that he will accopt as full compensation for extra work, so ordered, an amount to bo dctormined by ono of the folloving method.-: 1. Unit prices as stated in the prnposal 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 b.-,7 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 coilsideced the true record of all extra wo:.,k 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 -U'-o be paid for on a force account basis, compensation will be determined as follows: 6.1 Materials A sun, eoual 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. Tile 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 for by the Contractor, subsistence and travel allowance paid to such workmen as required by collective bargaining agreements plus fifteen percent (15/o). -59- I I I I I I I I I I I I I I I 1-9.06.3.- E (ILI ipM(111 t Equipment will be paid for as a rental charge whether owned by the Contractor or not., and said 'vei,Lal prevailing in the City for comparable equipmen'L will be paid by the City plus fifteen percent (15%). No payment will bc. 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 (1576) w4ich is added to the respective costs is full compensation for all other items of expense, including ovei-hoad, superintendence, use of small tools, other insurance and profit. 1-9.07 Final Payment When the Contractor has satisfactorily completed the work he shall request a final i��spection be made by the Engineer as soon as practical. Upon completion of the final inspection and completion of requested corrections, if 4,iy, the Contractor shall prepare claims for final payment as based on certified weighmaster's ocrtificates 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 shall pay the entire sum so foun6 to be due after deducting therefrom all previous payinents 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 payment made tinder the contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, whettier whelly or in part. No certificate or payment shall be construed to be in acceptance of any defective work or improper materials. -60- 1-10 GU PIR A'M The Contractor shall guaranty the work against defective material or workmanship for a period of one year from the date of completion of tne 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 shall 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 worRmanship within five (5) days thereafter, the City of San Juan Capistrano may cause the necessary repairs to be made 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 purformed 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. -61- 0 0 LABOR AND MATERIAL BOND The Labor and Material Bond shall be expiration of thirty-five (35) days filing, in the office of the County Notice of Completion of the work by no claims have been made against the -62- released at the from the date of Recorder, the the City, providing Contractor. 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 ANWOR 67 RELOCATION 2z�� WATERING 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 STORAJ DRAIN PIPE 81 2-13 SANITARY SEWER PIPE 82 2-14 TESTING PIPELINIES 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 009 2-19 PERMITS 90 -63- 71 I 0 , 0 2. DETAIL SPECIFTCATIONT S 2-1 DUST CONTROL The Contractor shall maintain effQctive dust control at all times in accordance with Section 10 of the Standard Spocifi- cations, except as modified below: Water and/or dust palliative shall be furnished and applied by the Contractor at his own expense and no additional payment will be allowed. ME I I I I 11 I I I I I I I I I I I I I 0 2-2 EXISTING HIGHWAY FACILITIES 1] The removal or relocation of existing highway facilities shall conform to Section 15 of the Standard Specifications, except as modified herein. 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 a.nd patch the paving as a separate operation. The Contractor shall remove any material that might enter the sewer or water valve box due to censtruction. -65- I I I I I I F I I 1 _66- I 2-3 CLEARING AND GRUBBING Clearing and grubbin.- 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 -rubbing shall be paid for by a lump sum price, by the acre, or by any other method specified on tLie 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 �placed during pre -bidding tests, shall be and compacted in the areas so cleared and grubbed of small -root growth. I I I I I I F I I 1 _66- I I I I I I I I 2-4 MISCELLAINFOUS RFMOVAL AND/OR RELOCATTON The removal and/or relocation of non -highway facilitiesi incidental to the construction, shall be accomplished at the direction of the Engineer. -G7- I I I I I I I U I I I I I I 2-5 WATRING The provisions of Section 17 of the Standard Specifications are supplemented by the followin,,: 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 Playment will be allowed. -68- It is estimated that there may be surplus excavaLion material wh�,�h, unless noted otherwise on the plans or in the special provisions, shall become the property of the Cont.ractor 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 2-6 EARTHIVORK excavations and at such places as may be deemed necessary by the Engineer. Lights 2-6.01 Structure Excavation, Backfill sunset each day to sunrise of the next day 2-6.01.1 General A. C. pavement removal, where required, shall Structu2e excavation and backfill shall be classified as an item of excavation. The conform to the applicable provisions of by any means the Contractor may select. Section 19-3 of the Standard Specifications, However, after attaining satisfactory com- Method "A", as modified herein. all A.C. pavement cuts shall be sawed to Except by special permission of the Engineer provide a sawed edge abutting all areas or the trench shall not be open for more than abuts Portland cement concrete improvements. four hundred (400) feet total, including Saw cuts shall be to minimum depth of one and excavation, forming and placing concrete The Contractor shall obtain from the Public for structures, pipe laying and backfilling Works Department a permit to excavate in the City street. at any one location. Work in move than one location will require approval, prior to construction, by the Engineer. It is estimated that there may be surplus excavaLion material wh�,�h, unless noted otherwise on the plans or in the special provisions, shall become the property of the Cont.ractor 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. 1 -69- 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 entirelv refilled. A. C. pavement removal, where required, shall be classified as an item of excavation. The original A,C. pavement cut may be perforned 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 (1�) inches. The Contractor shall obtain from the Public Works Department a permit to excavate in the City street. 1 -69- 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 En.-ineer, 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. I I I _70- 2-6.01.3 StructuraloBackfill All excavations shall be backfilled as soon as permitted under the specification so that when the Job iG 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 �he 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 En.-ineer, 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. I I I _70- I 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. -71- A V IV, L In the event ground water is encountered in trenching "or 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 En-ineer and to the depth directed by tho Engine�'_Ir. 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 above. -specified 2-6.02 Basement Material 2-6.02.1 Compacting Original Ground The provisions of Section 19-5 of the Standard Specifications are superseded by the following: COMDaction of original ground within the width of the grading plane will not be required, but subgrade pre- paration shall be required as provided in the Standard Specifications as modified herein. I 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. -71- � I I I I I 1-1 11 1.1 I V 2 6.02.2 Measurement 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: 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 t lie 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. -72- I I Ii I I I I I I I 0 0 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. -73- 0 0 2-7 SUBGRADE PREPATIATION Subgrade preparation shall conform to the provisions of the Standard Specifications except -s modified herein. 2-7.01 Sub,�rade 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. a -74- 2-8 AGGREGATE BASE 2-8.01 General 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. 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 I,,,, maximum or 3/41, 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 blethod No. Calif. 217 shall be 40 minimum. At tbe.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 Spreadiilg 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. I 1 -75-- In lieu of the spreading requirements specified in Section 26, ag.-re-ate base material shall be spread upon prepared subg�rade by means of approved spreading devices which will deposit a uniform windrow or layer, and after spreadin.- as specified above, the material shall be shaped to the requivements 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 dumo 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. I 1 -75-- I I I I 2-9 ASPILM,T CONCRETE 2-9.01 General Asphalt concrete Section 39 of the modified herein. 0 shall conform to the provisions of Standard Specifications, except as 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 4� percent and 71 percent by weight of the dry mineral aggregate. 2 1 The exact amount of asphalt binder to be mixed with the mineral aggregate will be determined by the Engineer. I 1 -76- The final surface course of asphalt concrete shall coiiform to the grading specified Linder 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 ( I inches. 12) 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 S-tou 2 -axle tandem roller for each 100 tons, or fraction thereof, of asphalt concrete placed per 'lour by each asphalt paver or motor grader. The use of pneumatic -tire rollers between initial and final rolling shall be at; the Contractor's opti on. 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 (1'2) inches. I 1 -76- I -77- 2-9.02 Prino 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-'iO 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 bind( -,,r 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 En.-ineer. 2-9.04 Fog Seal Coat A fog seal coat shall be applied uniformly to the surlace of the asphalt concrete constructed tinder 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 SSI shall be applied at an approximate net spreading rate for the original emulsion of 0.10 gallon per square yard, the exact ra:te 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 loss than one (1) pound per gallon of water and not less than four (4) gallons N 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. I -77- -78- 2-10 CONCRETE STRUCTURES 2-10.03. 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 h. erein m odified.' 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 strenTth 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 Method of Making and Curing Concrete Compression and Flexure Test Specimens in the Field (ASTM C31). Not less than two specimens shall be made tor each test, nor less than one test for each 25 cubic yards or portion thereof, of each class of concrete. -78- 2-10.05 Saw Cuff* 1-119 All concrete join§ shall be saw cut to provid e 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 (11) inches. I I I 11 I I I 1 -79- Specimens shall be te.�ted in accordance with Standard Method of Test for Compression Strength of Molded Concrete Cylinders (ASM C39). The specimens shall be tesled 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 penetration test. Said test shall be conducted in accordance with Test Method No. Calif. 533 oi- 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 En'gineer, 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 Cuff* 1-119 All concrete join§ shall be saw cut to provid e 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 (11) inches. I I I 11 I I I 1 -79- 0 2-11 MANHOLES Storm drain manholes shall be 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 mauholes shall be constructed in accordance with the plans and the "Standard Specifications For the Construction of Sanitary Sewers, City of San Juan Capistrano." IM I I I I I I I I I -81- 2-12 STOMI 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 wiLh the applicable provisions of the Orange County Flood Control Standard Specifications and Plans, as last revised. 2-12.02 Reinforced Concrete_E12e 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 :o 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. I I I I I I I I -81- 2-13 SANITARY SEWER A. VITRIFIED CLAY PIPE 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 are to be left unconnected. Plugs shall consist of disks of the same material as the pipc, 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 fo- the Construction of Sanitary Sewers, City of San Juan Capistrano." B. POLYVINYL CUORIDE (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 conforra to the provisions of the "Standard Specifications For the Construction of Sanitary Sewers, City of San Juan Capistrano.,, I I I I I I 1 -82- I I I I I I I I I I I 2-14 TESTING PIPELINES FOR LEAKAGF All. leakage tests shall be completed and approved prior to placing of permanent resurfacing. Storm dr ain 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. -83- New steel casing shall be used for all jacking operations. Any section of steel casino.- 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. -84- 2-15 JACKING OF STEEL CASING 2-15.01 General At locations shown on the plans, steel casing snall 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 (10W 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 he 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 casino.- 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. -84- 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. Sheetin-, shall be adequate to withstand added loads and vibrations due to traffic. I I I I I I F I 1 -85- 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 (112) 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. I I I I I I F I 1 -85- P I I I I I � I I I J H I I I I 2-16 TRENCH 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. IF -To 2-17 SHEETING, SHORING AND BRACING 2-17.01 Placement and Removal 1 -87- 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 structures. 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 ample strength. provide 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 1 -87- I I I I I I I H I I I I I Failure of the Engineer to order sheeting and bracing left in place shall not relieve the Contractor of his 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 shown on the plans, or structures which are visible above ground, this being the Contractor's responsibility. -88- included in the Contractor's bid price for the work, with no additional payment allowed therefor. Any construction sheeting and bracing which the Contractor has placed to protect 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 bracing left in place shall not be construed as creating an obligation on his part to issue such orders. I I I I I I I H I I I I I Failure of the Engineer to order sheeting and bracing left in place shall not relieve the Contractor of his 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 shown on the plans, or structures which are visible above ground, this being the Contractor's responsibility. -88- 1 2-18 TAIC AND DETOURS j I I R I I I H I I I I I I I I I 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, M= I I I I I I I I I I I 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-� 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 01' ACCESS ITRAMP AND STORAGE AREA 94 3-10 TRAFFIC CONTROL 94 3-11 ITEMS OF WORK AND MEASUREMENT AND PAYMENT 95 , -91- SECTION 3 SPECIAL PROVISIONS 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 other,waters may be encountered at various times during construction. The Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from 'surface or other waters and has prepared his bid accordingly. it shall be the sole responsibility of the Contractor to protect his work from danger due to any waters encountered. Should any damage to the work due to surface or other water occur prior to acceptance of the work by the City, the Contractor shall repair such damage at his expense. 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. -92- The Contractor shall be required to use Type I] bedding under the Spaulding Equipment Company railroad siding as indicated in the Sanitary Sewer Standard Specifications and on the plans. D. Work Within Railroad Riqht-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- The Contractor shall relocate the existing fence contiguous to 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 shall have a compaction of 90 percent and the track bed shall 3-6 Fence Relocation and Reconstruction The Contractor shall be required to use Type I] bedding under the Spaulding Equipment Company railroad siding as indicated in the Sanitary Sewer Standard Specifications and on the plans. D. Work Within Railroad Riqht-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- 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 I] bedding under the Spaulding Equipment Company railroad siding as indicated in the Sanitary Sewer Standard Specifications and on the plans. D. Work Within Railroad Riqht-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- I 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. -94- 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. 3-8 Tree Protection and Removal The Contractor shall remove only these 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). 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. 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 ramp shall be removed and the area totally cleaned and returned to the existing conditions that existed prior to commencing work.. The Cont-ractor 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 I 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. -94- 1 0 9 3-11 SPECIAL PROVISIONS OF ITEMS OF WORK AND MEASUREMENT I 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 Did Item 3. _95- I I P I I 11 I I I 11 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 con�_-rete 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. IV_1V"WLyk The unit price per lineal foot of fence relocated shall include all materials, labor, tool�, -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 cpnstruct manholes at Stations 7+60, 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 1 -96- I 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, 1 -96- I 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. -97- 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 s��wer 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 inclu(;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. -97- 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. 1 -.9 P - 11 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 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. 1 -.9 P - 11