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1972-0522_EWLES INC JOHN_Contract7 I RECORDING REQUESTEDAND WHEN 8571 f RECORDLD MAIL TO! 40 CITY OF SAN JUAN CAPISTRANO FREE ©1' m 101 ill 121 I 131 14 15 16 171 18I 19 20 21 22 23 �>r�0163�905 C/O WOODSIDE/KUBOTA & Assoc., INC. C1 ) i E7 +N f1FF"�,Ci"L R GIRDS it 309 W. 3RD ST. c+ SANTA ANA, CALIFORNIA 92701 1972 NOTICE OF COMPLETION OF WORIQ `r NOTICE IS HEREBY GIVEN THAT THE CITY OF SAN JUAN CAPISTRANO AS OWNER OF THE PROPERTY HEREINAFTER DESCRIBED, CAUSED IMPROVEMENTS TO BE MADE, TO WIT: THE CONTRACT FOR THE DOING OF WHICH WAS HERETOFORE ENTERED ON THE 2ND DAY OF DECEMBER, 1971, WHICH CONTRACT WAS MADE WITH JOHN B. EWLES, INC., AS CONTRACTOR; THAT THE WORK WAS ACTUALLY ACCEPTED EFFECTIVE ON THE 22ND DAY OF MAY 1972; THAT TITLE TO SAID PROPERTY IS VESTED IN THE CITY OF SAN JUAN CAPISTRANO; THAT THE PROPERTY HEREINBEFORE REFERRED TO AND ON WHICH SAID IMPROVEMENTS WERE MADE IS DESCRIBED AS FOLLOWS: CONSTRUCTION OF THE A.H.F.P. PROJECT No. 540 DEL OBISPO STREET. CITY OF SAN JUAN CAPISTRANO By aA MAYOR ATTEST: I:I TY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) JAMES F. THORPE, BEING FIRST DULY SWORN-'�tPOStS A,4D" "BAYS: THAT ME IS THE MAYOR t� OF THE CITY OF SAN JUAN CAPISTRANO; THAT SAID CITY IS THE OWNER OF SAID PROPERTY 24 DESCRIBED IN THE FOREGOING NOTICES THAT HE HAS READ THE FOREGOING NOTICE AND KNOWS T,ME"�QONTEN78.TMER'Et7r ANTI THAT THE FACTS STATED THEREIN ARE TRUE. 28 SUBSCRIBED AND SWORN TO BEFORE ME Melvin A. Tooker 27THIS 2nd DAY OF June 1972. 28 29 NOTAR�¢ IN AND. FOR SAID COUNTY AND STATE 30 OFFICIAL SEAL MELVIN A. T40OKER 31 NOTARY PUBLIC -CALIFORNIA $ ORANGE COUNTY 32 My Commission Expires April 12, 1975 Attest: __ .... "G.......................IV t.s..r......... cit clerk the city San Juan CePu�'�' Y range Sta�0 Cal/1L0/1< �tl'/',r / County i tl FT! •-�� `� city clxk • CONTRACT AGREEMENT THIS CONTRACT is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO hereinafter referred to as the "Owner" a n d JOHN B. EWLES, INC. hereinafter referred to as the "Contractor" IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: First. Contract Documents. The complete contract includes a'.i of the contract documents, to -wit: (a) Notice Inviting Bids; (b) instructions to Bidders; (c) Bid Proposal; (d) General Condi- tions; (e) Special Conditions; (f) Technical Provisions including the complete set of Plans for the Construction of A.H.F.P. Project No. 540 Del Obispo Street, (g) The Contract Agreement; (h) Performance Bond; (i) Labor and Material Bond; (j) duly issued Addenda and all modifications incorporated in the foregoing documents before exe- cution of the Contract Agreement. The foregoing contract documents are hereby incorporated by reference and shall be deemed and considered as forming a part of this Contract Agreement as fully and to the same extent as if it were copied at length herein. Second. The Work. The Contractor aorees to furnish all tools, labor, materials, equipment, transportation, services and supplies • necessary to perform and complete in a good and workmanlike manner the Construction of A.H.F.P. Project No. 540 Del Obispo Street, in strict conformity with and in exact accordance with the Plans and Specifications and all other Contract Documents referred to above, which documents are on file at the office of the City Clerk, City Hall,32400 Paseo Adelanto, Sar, Juan Capistrano, California. Third. Payment. The Owner agrees to pay and the Contractor agrees to accept the lump sum adjusted for variations of quantities, at the prices named in the Bid Proposal at the time and manner set forth in the Specifications. The foregoing shall be accepted by the Contractor as full and final compensation for all work done under this contract. Fourth. Commencement and Completion of the Work. The Contrac- tor agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be im- practicable and extremely difficult to fix the actual amount of damage and loss sustained by the Owner should the Contractor fail to complete the work in the specified,time, he shall pay to the Owner, as liquidated damages, ascertain and agreed, and not in the nature of a penalty, One Hundred Dollars ($100.00) a day for each day delayed, which shall be deducted from the final amount to be paid under this Contract; provided that extensions of time with • waiver of liquidated damages may be granted as provided in the Specifications. CA 1 0 Fifth. Performance Bond and Labor and Material Bond. The . ..,-actor acrees to furnish bonds guaranteeing the performance of tris Contract and guaranteaing payment of all labor and material ,sad under this Contract, as required by the laws of the State of California, in forms approved by the Owner. The Performance Bond shat: be for an amount not less than one hundred percent (100°0) of ir,e amount of this Contract, and shall be conditioned on full and Com.olete performance of the Contract, guaranteeing the work against faulty workmanship and materials for a period of one year after completion and acceptance. The Labor and Material Bond shall be in 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 incident to the work covered by this Contract. The Contractor agrees to furnish the bonds on the forms bound within these specifications. Sixth. Insurance. The Contractor agrees to carry Public Liability Insurance, Property Damage Insurance, and Workmen's Compensation Insurance in amounts as required by the Specifications. Seventh. This Section Deleted. Eighth. General Prevailing Rate of Per Diem Wages. The ger:era: prevailing rate of per diem wages and general Prevailing rate ,or holiday and overtime work in, the locality in which the work .s to oe performed for each craft, classification, or type of work- man. needed to execute the Contract, have been determined by the Owner and are set forth in the Notice Inviting Bids. The general pre- vaiing rate of per diem wates set forth in said documents is hereby incorporated herein and made a Part hereof. The Contractor agrees that he, or any sub -contractor under him, will pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the Contract. Ninth. Compliance with Other Provisions of Law Relative to Public Contracts. The Owner is a public agency in the State of California and is subject to the provisions of the Govern- ment Code and the Labor Code of that State. 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 will be complied with by the Contractor. These include, but are not limited to, the stipulation that eight hours labor constitutes a legal day's work and the Contractor will, as a penalty to the Owner, forfeit Twenty -rive Dollars ($25.00) for each workman employed in the execution of the Contract by the Contractor or by any sub -contractor for each calendar day during which such workman CA 2 0 U u is required or permitted to work more than eight hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2 of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this Contract is executed by the duly authorized agent(s) of the Owner, pursuant to Resolution No. , and by the Contractor on the date set before the name of eac Dated: December 2, 1971 Dated: December 2, 1971 CA 3 CITY OF SAN JUAN CAPI RANO Owner Mayor 'city Clerk JOHN B. EWLES Contractor By INC. a. MEMORANDUM May 18, 1972 ' `l Y To: Donald G. Weidner, City Manager From: T. J. Meadows, Director of Public Works Subject: Completion of Del Obispo Street - AHFP Project #540 and Change Order #2 Attached find a resolution from the office of the City Engineer reporting the completion of the above referenced project, as of May 18, 1972. Recommended Council action: 1. Approve Change Order #2 in the amount of $6,196.46 See attached page for details. 2. Adopt a Resolution to accomplish the following: a) Accept the work as complete as of May 18, 1972. b) Authorize a Notice of Completion to be filed. c) Authorize the Finance Director to pay John B. Ewles, Inc. the amount due in accordance with the final quantities. T. J. Meadows TJM:rm Encls. FOR CITY COUNCIL .T7'EM �-'� WOODINE)WRUWTA A SSSOCIA.INC. • MEMORANDUM TO: T. J. MEADOWS DIRECTOR OF PUBLIC WORKS BY: JACK Y. KUBOTA CITY ENGINEER RE: COMPLETION OF DEL OBISPO STREET - AHFP PROJECT N0. 540 AND CHANGE ORDER NO. 2 JOHN B. EWLES, INC. HAS COMPLETED ALL OF THE WORK ON THE ABOVE PROJECT ACCORDING TO THE PLANS AND SPECIFICATIONS AS OF MAY 181 1972. WE RECOMMEND THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO: 1. APPROVE CHANGE ORDER N0. 2 IN THE AMOUNT OF $6,196.46. SEE ATTACHED PAGE FOR DETAILS. 2. ADOPT A RESOLUTION TO ACCOMPLISH THE FOLLOWING: A. ACCEPT THE WORK AS COMPLETE AS OF MAY 18, 1972. B. AUTHORIZE A NOTICE OF COMPLETION TO BE FILED. C. AUTHORIZE THE FINANCE DIRECTOR TO PAY JOHN B. EWLESY INC. THE AMOUNT DUE IN ACCORDANCE WITH THE FINAL QUANTITIES. THE TOTAL CONSTRUCTION COSTS INCLUDING ALL CHANGE ORDERS, IS $256,684.14. FOR THE CITY ENGINEER i BY - GEORGE E. MADSEN SENIOR PROJECT ENGINEER GEM/PJB MAY 180 1972 ENCLOSURE CC: PAUL LEW FRANK GERBER JOHN B. EWLES FILE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA DEL OBISPO STREET - AHFP N0. 540 CHANGE ORDER N0. 2 CONTRA07 WITH JOHN B. EWLES, INC. 1. ADD 778.5 FEET OF GUARD RAIL AT $5.90/L.F. FOR A TOTAL ADDITION OF 2. ADD 60 FEET OF 10° IRRIGATION LINE ACCORDING TO RIGHT OF WAY AGREEMENT WITH VERMUELEN AT $4.10/1-F FOR A TOTAL ADDITION OF 3. ADD 55 FEET OF 161, SIPHON FOR THE TRASUCO WATER LINE UNDER A STORM DRAIN AT $7.00/1-F FOR A TOTAL ADDITION OF 4. ADD 60 FEET OF POLYVINYLCHLORIDE DRAIN UNDER VERMUELENIS DRIVEWAY ACCORDING TO RIGHT OF WAY AGREEMENT FOR A TOTAL ADDED COST OF 5. REGRADE THE PRESBYTERIAN CHURCH DRIVEWAY FOR A TOTAL ADDED COST OF 6. REGRADE THE SHOULDER AT AGUACATE FOR A TOTAL ADDED COST OF MAY 18, 1972 $4,593.25 246.00 385.00 135.03 428.80 71.20 7. OVERLAY ASPHALT AT AGUACATE FOR A TOTAL ADDED COST OF 337.18 8. DELETE REDWOOD HEADERS AT DRIVEWAYS, REVISE ONE OS ^INLET STRUCTURE TO A MODIFIED GRATE INLET, DELETE TWO TRAFFIC SIGNS, ADD A COVER FOR DRAIN WINGWALL, ADD ONE SIDEWALK BARRICADE, AND ADD A TRENCH FOR UNDERGROUND ELECTRICAL SERVICE FOR NO CHANGE IN PRICE. 0.00 TOTAL ADDITIONAL COST FOR CHANGE ORDER N0. 2 $60196.46 GOH£ULTrpG EMGIH4[g5 309 West Third Street . Santa Ana, California 92701 • Phone- (714) b42-3�J37 MR. T. J. :GEADO':IS DI RECTOR OF PCL, -1c ':Io RKS CITY OF Sal: JG41' CAPISTRAr.O CITY HALL SAN JUAN CAP ISTRA IIO, CALIFORNIA 92675 FEBRUARY 4, 1912 SUBJECT: DEL CBISPO STREET - A.li.F.P. 110. S�. LT -- C,HA'!hc ORDER IJO. 1 DEAR SIR: DURING THE COURSE OF THE SUBJECT PROJECT IT H,+S 8EC0'1_. DESIR,:P.LE OR NECESSARY TO MAKE CHANGES. THE ITEMS .ARE LISTED BELOv1 -' [:D ARE i'.C_':DED IG CHANCE ORDER 1'.10. 1, 1. ADDED PAVII:G TO PROVIDE A Hf -:S STOP AT °R. POI.'ER08 DRIVE Ai:D ADDED 'JIDTH BETL;EEId THE FULL I" PP,OVE%.F']T OF T11E SFVE::TH \Y nIVENTIST AGUACATE ROAD. TOTAL ADDED COST IS 2. ADD 77 FEET OF FULL I"'PROVECIENT IN ADDITIOI•; TO THE APPROVED 2°3 FEET FOR THE VPTISi !!-RCH. TOTAL ',OST IS ,;'.„'_i.-'. 1 - —, ""IST CRLRCH WILL PAY ,`,4, 03!7.26' "�'-1D THE COCNTY H�,S , _,REzD TO i':GL'_DE THE OTHER $11521.05 AS THEIR SHORE Of TIE S70R. DR;I;d. 3. ADD 1069 FEET OF ASPHALT BERM TO ELIMINATE RIGHT OF 'd1AY COSTS, EXCAVA- TION AND DRAI'vAGE DITCHES. 1r=FD COST IS ;1, .��. SAVI';' S INCL .:DE RIGHT OF 'lIAY":11TH ,4°5..70 IN 4':D ,',BOUT .'j, �r�,; .GO IN DA7.9AGES, g1,21b.00 OF EXOAVATIOI,, AND ;r1 Gh„ j OF DR,,i% PIPE. 4. ADD ONE FOOT OF EXTRA 'NiDTH TO THE B1SE SECTIO": AS REQUIESTED BY THE COUNTY. ADDED COST IS 5;2,420.62. 5. ADD] TION OF 1060 TONS OF AGGREGATE BASE MATERIAL DURING RAIN. ADDED COST Is „'3,10S-41. 6. ADD CONCRETE LINED DRAIN DITC1-1 :.LD DELETE ', SECTIO'; OF STORM DRAIN TO ELIMINATE THE NEED TO LO'•7ER A i'IA1ER LIi.E. 1..0 Lild;.:;E IN COST. 7. DELETE 2C FEET OF CLRB, CUTTER AND SIDE:'ALK TO .',LLO':l FOR A FUTURE DRIVE - VIA Y. REDLCT101d OF 8. DELETE 16,777 SCUARE FE -FT CF TRE',TFD S'0"LD_i= -ERE FILL STREET IMPROVE - In San Doll, O,unly, Ca11,1,,d GNOINF:ENv 171 MR. T. J. "':'E�DO'VVS FEBRUARY Q, 1972 RE: A.H.F.P. 540 - C.O. #1 PAGE 2 THE FOLLOWING ITEMS OF EXTRA 'WORK WERE REC-'IRED DUE TO CONDITIONS ARISING DURING CONSTRUCTION OR REQUIRED BY RIGHT OF WAY SETTLEMENTS: 1. REMOVE IRRIGATION LINES WITHIN THE ROADWAY. ADD $2204.00. 2. TRENCH FOR GAS SERVICE LINE OUTSIDE OF ROADWAY - A RIGHT OF WAY COST. ADDED COST Is ;p100.10. 3. REMOVE TIMIBER DRAINAGE STRUCTURE IN ROAD:VAY. ADD "632.91. 4. RELOCATE SEWER LILE FOR THE INSTALLATION OF A STOR�M DRAIN. ADD ?5/,2.75- 5. RELOCATION AND RECONSTRL'.CTION OF IRRIGATION SYSTEMS, REPLACEAENT OF WATER LINES UNDER THE STREET, RECONSTRCCTIO'J OF DR11N FIND LEACH LI':ES, ALL AS SPECIFIED IN RIGHT OF WAY SETTLEMENTS. ADDED COST IS `y6, 61 i. 6i7. IN SUhIMARY, CHANGE ORDER °10. 1 INCLUDES THE FOLLOWING AMOU':TS: ADDITIONS TO THE PLANS $13,2/2.F4 DELETIONS FRO'.! THE PLANS - 3,2/,7.25 EXTRA WORK DUE TO RIGHT OF WAY SETTLEMENTS 6,912.70 EXTRA WORK 1,369.6"i TOTAL NET ADDED COST $18,307.77 THE BAPTIST CHURCH WILL PAY '4,0300 .48 TOWARDS THE ADDITIONS AND AT LEAST 3,/+35.00 WAS SAVED IN RIGHT OF '.'JAY COSTS. IT IS OUR RECOPACAENDATION THAT THE ABOVE ITEMS BE APPROVED AS CHANGE ORDER NO. 1. VERY TRULY YOURS, JACK Y. KUEOTA, CITY FNGIi?EER CITY OF SM'! JUAN C'PISTR,+f10 BY UEOR�E -, -SE'. SENIOR PROJECT LNGIIJEER CEVI/PJB E CITY OF SAN JUAN CAPISIRANO, CALIFORNIA PROJECT: DEL OBISPO STREET — A.H.F.P. No. 540 CONTRACTOR: JOHN B. EWLES, INC. CHANGE ORDER I't. 1 1. CLEARING AND GRUBBING STA. 145 BAPTIST CHURCH 2. EXCAVATION CY STA. 145 BAPTIST CHCRCH =49 STA. 136 CATHOLIC CHI.RCH —600 STA. 127 ROVER HILI —1015 SIA. 118 VER.v_ELLN WSE —115 1 WIDER BASE +480 -1501 3. ASPHALT CONCRETE TONS STA. 145 BAPTIST M RCH 54 STA. 129 AND 140 BCS STOP + AGUACATE ll0 102 4. AGGREGATE BASE TONS STA. 145 BAPTIST CHI.RCH ?F STA. 129 ,AND 140 BLS STOP + AGCACATE 81 RAIN 1060.89 11 WIDER BASE �g4 1,614 5. AGGREGATE SUBBASE CY STA. 145 BAPTIST CHCRCH 73 STA. 129 AND 140 BUS STOP + AGUACATE 65 1f WIDER BASE 210 448 6. PRIME COAT TONS STA. 145 BAPTIST CHURCH 0.20 STA. 129 AND 140 BGS STOP + AGUACATE 0.17 0.37 7. SEAL COAT Tons STA. 145 B.APT01 :2H.R;H ,1 171 01400.00 ADD COST -1129-40 -360.00 _60q. -249.00 +280.00 0900.60 DELETE COST $405.00 3 6" 00 01765.00 ADD COST 0251.84 237.33 3,10-".41 1.125.12 01,728.70 ADD COST 01237.25 20222.65 1.007.50 $1,453.40 ADD COST w 1 J,'iJ 0118.50 ADD COST E CHANGE OPnER NO, 1 CONT I'ILET) (PACE 2) 8, TYPE A-2 C! -RB AND a�-TJER STA, 145 BAPTIST CHURCH STA, 120 COOK 11. SIDEVIALK STA. 145 BAPTIST CHURCH STA. 120 COOK 14. A.C. BERM STA. 127 ROI.' --R S..". 136 CnU RLH STA. 118 VE L:'. E' El ti STA. 1110 A.j,A(;ATE 15. TREATED SHOD! DER STA. 77 BO'::ER DEV. STA. 150 TR -1 T 7251 STA. 14'; BAPTIST CH`-RC:i S9 A. 142 SEVEiL'TH DAY ADVENTIST 0 LF COST LF 71 $212.52 BAPTIST CHURCH -20 - 5.20 (COST TO 57 0 57.32 ADD SF COST LF 424 X203.52 VER!. ELEN -110 - F2.8D STA. 136 314 $150.72 ADD LF COST —25 25U 302 302.00 COMPACTED FILL AT 427 427.00 $Z,41..G., ADD 90 90„ n0 1069 "1,069.00 ADD LF -12240 - 370 — E0 --LOO -2090 x 8 = 16,720 S.F. —.;'S36.00 DELETE 23. 66,1 R.C.P. LF COST STA. 145 BAPTIST CHURCH 77 $3,642.10 ADD (COST TO BE SPLIT 50jo COUNTY AND 505' BAPTIST CHURCH) 24. 221, x 131, C. ". P. ARCH PIPE LF COST STA. 116 VER!. ELEN -25 -$361.75 STA. 136 CATHOLIC CHURCH -25 - 361.75 STA. 140 SEVFN" H DAY ADVENTIST —25 —361.75 —75 —W1,O�91.219 DELETE COMPACTED FILL AT BAPTIST CHURCH 370 CY $Z,41..G., ADD PiET COST TOTAL CHANGES ip1f1 ,,'���= =� ADD FXTR', 0 CHANE ORDER '110. 1 CONTIN';ED (PA'=E 3) DIG TRENCH FOR GAS LINE OUTSIDE Reid LABOR EQV IPME NT 0 REMOVE TIP,".BER DRAINAGE STRCCT'.:RF STA. 1'36 LABOR 6"' / , "'/, EQUIPMENT $413.31 r 1 5` ;.100.10 ADD !7- �1 ^532.41 -,DD RELOCATE SE'.ER AND DELAY OF STOR'.1 DF%1V' -10'.STR_6T10-: SIAo 10E LABOR y1 'c. 20 EQ1)1PdENT PMA TER IAL5''.OJ EXTRA iCORK GC©TOTAL :n1 �4—.7E f'% VERMUELEN'S IRRIGAT IO'. 'fall LEACH LINE STA. 113 RIGHT OF VIAY EXPENSE TOTAL EXTRA "YORK TOTAL CHANGE ORDER NO. 1 }18,307.7- nBD PREPARED FOR THE CITY ENUINEER , B GEORGE E.,.',nSE'J SENIOR PROJECT E^JGINEER FEBRI.ARY 4, 1972 MEMORANDUM 9 To: Mr. T.J. Meadows, Director of Public Works City of San Juan Capistrano 0 av From: JACK Y. KUBOTA Consulting Engineer Subject: Bid Opening for Del Obispo Street Date: November 4, 1971 Project (AHFP Project No. 540 The following is a summary of the bid opening of November 3, 1971: 1. Apparent two lowest bidders: Contractor Alta A Alt. B Alt. C A. John B. Ewles, Inc. $214,.048.39 Same as $15,760.00 "All All B. Mark Co. $216,554.14 Same as $12,600.00 "All 2. A total of thirteen (13) bids were received with a range of bids from those of Item (1) above to $299,367 - Alt. A and $334,292 - Alt. B. The Engineer's Estimate for the project amounted to $248,922. 3. All bids are being analysed and the final project budget is being prepared for submission to the Orange County Highway Department. There will be available for the Council meeting a complete spread sheet of the entire bidding program. We will recommend no action by the City Council at the regular meeting of November 8, 1971, so that we can complete our proceedings with the Orange County High- way Department and have their authorization to enter into a con- struction contract. Accordingly, we will schedule for our recommen- dation to award the contract at our meeting of November 22, 1971. We have concluded our right of way proceedings for the three parcels of land in the County area and are now actively pursuing right of way negotiations in the City area. Jack Y. Kubota, City Engineer City of San Juan Capistrano FOR CITY COUNCIL J Y K/ l e .............:...:::.........// V /..........AGENDA ...........................: Bond No. $L 7106o993 r'Ktmium • PERFORMANCE BOND KNOW ALL MEN-- BY THESE PRESENTS: That WHEREAS, the CITY OF SAN JUAN CAPISTRANO State of California, hereinafter designated as the "Owner" by Resolution No. has awarded to Principal JOHN B. EWLES, INC. as the "Principal", a Contract for the construction of A.H.F.P. PROJECT No. 540 - DEL OBISPO STREET for the Owner; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract; NOW, THEREFORE, we the PRINCIPAL, and FIREMAN'S FUND INSURANCE COMPANY as Surety, are held and firmly bound unto the Owner in the penal sum Of TWO HUNDRED FOURTEEN THOUSAND FORTY—EIGHT AND 39/100 • DOLLARS $ 214,048.39 , lawful money of the United States for the payment of which sum welland truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Princi- pal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in said contract and any alteration thereof made as therein pro- vided, on his or their part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning; shall guarantee all work required under the said contract against faulty materials or poor workmanship during the construction period and for one year after the date of completion and acceptance of the work under said contract; and shall indemnify and save harmless the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. The Surety further agrees to pay reasonable attorneys fees of Owner (as fixed by the Court) in any proceeding by said Owner to enforce this bond. And the Surety, for value received, hereby stipulates and agrees that, no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there- under or the specifications accompanying the same shall in any wise affect its obligations on this bond and it does hereby waive notice PB 1 o -F any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specification. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this 3. day of %rfe�;elw 1971, the name and coporate seal of each corporate party being hereto affixed and these presents duly sioned by its undersigned representative, pursuant to authority of its governing body. JOHN B. EWLES, INC. Pri M • APPROVED AS TO FORM: 11 Attorney for Owner W. E. SMITH Attorney-in-fact (Attach Acknowledgement) NOTE: The principal amount of this bond shall be not less than 100% of the total contract price. MWA 4�—_j NOTARIAL ACKNOWLEDGMENT—ATTORNEY IN FACT STATE OF CALIFORNIA On this..__IL -2.3R.----.._ _ ..day of...........HO ENBER.._------._..._..---- 19 ---- before --- .County of S. S. me, __ALEERT-B...-BRUNEI - I a Notary Public in and for ORANG 1 said .__._ --- ORANGE .._-__.County State aforesaid, rest ing therein, duly commis. - -- - ITE sinned and sworn, personally appeared ___w E SM ....__.-_. ---_- -_..-. known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of ALBERT H ©RU"ET t N!y ccm,mss�cn Lxpires Aug. 1, Is75 j 360042-5-65 FIREMAN'S FUND INSURANCE COMPANY and acknowledged to me that he subscribed the name of FIREMAN'S FUND INSURANCE COMPANY thereto as principal, and his own as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the said . - _ ....._ _.. County of - _.._ ._ _ORANGE - - -- - ...---.._.__......--- the day and year in this certificate first above written. Notary Public in and for the . --- _----- -. County of ----- _..__ORANGE ------ State of California. My commission • eons Fio„ ,-SG 71C& 9 1 Premium: .included In Performance bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the CITY OF SAN JUAN CAPISTRANO, STATE OF CALIFORNIA, hereinafter designated as the "Owner", by Resolution No. , has awarded to B. EWLES. INC. hereinafter designated as the "Principal", a contract for the con- struction of A.H.F.P. PROJECT No. 540 — DEL OBISPO STREET for the Owner; and WHEREAS, said Principal is required to furnish a bond in connec- tion with said contract, providing that if said Principal, or any of his sub -contractors, shall fail to nay for any materials, pro- visions, 'provender or other supplies used in, upon, for or about the performance of the work contracted to be done, or for amounts due under the Unemployment ,Insurance Code of California, or for any work • or labor done thereon of any kind, the Surety in this bond will pay the same to the extent hereinafter set forth: �I NOW, THEREFORE, we the Principal and FIREMAN'S FUND INSURANCE COMPANY as Surety, are held and firmly bound unto the Owner in the Penal sum of THIO HUNDRED FOURTEEN THOUSAND. FORTY—EIGHT AND 39/100 DOLLARS C$ 21 0/8. ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Princi- pal, his or its heirs, executors, administrator, successors, or assigns, shall fail to pay for any materials,provisions, provender or other supplies used in, upon or about the performance of the work contracted to be done, or for amounts due under the Unemployment Insurance Code of California, or for any labor thereon of any kind, as required by the provisions of an act of the Legislature of the State of California entitled "An act to secure the payment of claims of persons employed by contractors upon public works, and the claim of persons who furnish materials, supplies, implements or, machinery used or consumed by such contractors in the performance of such work, L&MB 1 • and prescribing the duties of certain officers with respect thereto", approved May 10, 1919, as amended, provided that the persons, companies, or corporations so furnishing said materials, provisions, provender, or other supplies, or power used in, upon, for or about the performance of the work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for or contributing to said work to be done, or any person who performs work or labor upon the same or any person who supplies both work and materials therefor, shall have complied with the provisions of said Act, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall 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 Section 1192.1 of the California Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the Surety, for value received, hereby stipulates and agrees that, no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specfications. IN WITNESS WHEREOF, the above boundedparties have exec ted this instrument under their seals this f�A,4% day of �jyL-- Z„rZ� , 197 J, the name and corporate seal of each corpor to party being affixed hereto, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Attach Acknowledgement) APPROVED AS TO FORM: 0 Attorney for Owner NOTE: The principal amount of this bond shall not be less than 100% of the total contract price. L&MB 2 NOTARIAL ACKNOWLEDGMENT—ATTORNEY IN PACT STATE, OF CALIFORNIA On this. --------- .2.3RD------------ day of............. N-0-VEMl}ER---------- ..-_-....... 1971....., before ------.----.- County of s. 6. me,..._AImE;ERT--H'--_B.RUHM------------------------- ----------- _ _, a Notary Public in and for ORANGE 1 said._..._...._._._ -.-_ORANGE __ County, State aforesaid, residing therein, duly commis- ......--------- ------------ / H sinned and sworn, personally appeared W._._E. _S_M__IT___....._..._ __._----- __-------- _ .._ -. known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of FIREMAN'S FUND INSURANCE COMPANY and acknowledged to me that he subscribed the name of FIREMAN'S FUND INSURANCE COMPANY thereto as principal, and his own as attorney in fact. ALBERT H BRUNET IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, NOTARY PU°LIC CALIFC:2NA at my office in the said . _. _.... County of _.......__.QRANGf___.___._.__ pRINCIML CFFVCE IN the day and year in this certificate first above written. CRANSE COU':TY My Commission Expires Aug. 1, 1975 Notary Public in and for the _____........ _-_---------- -. -.County of ORANGE State of California. My commission expires _____...._-------- _.------------- __.-_ --------- .__-------------_,_. 360042-5-65 NUN COLLUSION AF=iDAVI- ;e oidders, by is officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, neither they nor any of them have in any way, directly or in— directly, entered into any arrangement or agreement with any other idler, or with anv 'public officer of such CITY OF SAN JUAN CAPISTRANO whereby such affiant or affiants or either of them has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value lv�hatever, or such affiant or affiants or either of them nas not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does ;essen or destroy free competition in the letting of the contract sought for on the attached bids; that no bid has been accepted from any sbucontractor or materiaiman through any bid depository, the By -Laws, Rules or Regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or material - man wnich is not processed throuqh said bid depository, or which prevant any subcontractor or materiaiman from bidding to any Con- tractor who does not use the facilities of or accept bids from or tnrough such bid depository; that no inducement of any form or charac- ter other than that which appears upon the face of the bid will be s,;cgested, offered, paid or delivered 'Lo any person of the contract, nor has this bidder any agreement or understanding of any kind what- soever, with any person whomsoever to pay, deliver to, or share with • any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me by: This day of �iU 1gz/ My Commission expires: otary Public E OFFICIAL SEAL ?� O. LOUISE JONES I NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY My Commission ExPiras Feb. 3,1975 L & MS - 3 0 BID PROPOSAL CITY OF SAN JUAN C.APISTRANO, ORANGE COUNTY, CALIFORNIA CONSTRUCTION OF A.H.F.P. PROJECT NO. 540 DEL OBISPO STREET Bids will be received until 11:00 O'Clock A M. on the 3rd_ day of November 1971 at the office of the City Clerk, San J n Capistrano, City Hall, 32400 Paseo Adelanto, San Juan Capisvrano, California. To the Honorable City Counct! City of San Juan Capistrano San Juan Capistrano, California Gentlemen: The undersigned 'hereby proposes and agrees to furnish all of the material, labor, equipment, transportation and services for the construction and completion of the work listed below, and in strict conformity with the plans, specifications and other contract documents on file at the office of the City Clerk, San Juan Caoistrano, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, Ca'ifornia, at the lump sum and unit prices listed below. • If awarded the contract, the undersigned agrees to sign said contract and furnish the necessary bonds within ten (10) days after notice of award of contract. 0 The undersigned has checked carefully all of the prices quoted and understands that the owner will not be responsible for any errors or omissions on the part of the undersigned in making this Bid Proposal. Attached please find bidders bond or certified check, Check No. of the Bin BouD 10% Bank, Tor which amount is not less than -pen percent 10% of the total amount of this bid or the aggre- gate sum of the unit prices multiplied by the estimated quantities stated 'herein. BIDDING SHEET c work done under these plans and specifications for the construction of A.H.F.P. Project No. 540 Del Obispo Street. BP 1 • A., .P. PROJECT NO. o40 - OEL O3?SPO STREET 9 ripprox, item with 'Unit Pr -ices Unit Price Total Quantity '°rrittcln in sdords in Figures Amount _. Lump sum Ciearing, grubbing, removal of obstructions and relccation of exis- ting facilities for the IumD sum Drica of SEVEN THOUSAND ONE HJNDRED Dollars and No /1CO cents. 2. 27 940 Excavat on -including Cubic fill compaction of all feet suitable materal in street right-of-way or disposal area for the unit price of No Dollars and SIXTY /100 cents. $ 7,100.00 $ 0.60 $ 7,100.00 $16,764-00 3. 7,002 Asphalt concrete for Tons unit price of SEVEN Dollars and FIFTY /100 cents. $ 7.50 $52,515.00 4. 7,960 Aggregate base for the Tons unit price of Two Dollars and 93 /100 cents. $ 2.93 $23,322.80 5. 6,630 Aggregate subbase for Cubic the unit.prTce of _ yards THREE Dollars and 25 /100 cents. IM $ 3.25 $21,547-50 A:terr:wte A Dollars and N0/100 cents. $ 50.00 $ 900.00 7.. 46 Seal coat for the unit Tons price of SixTY-six Dolars and No/100 cents. $ 66.00 $ 3,036.00 8. ' Type A-2 curb and gutter Lineal for the unit price of feet Two Dollars and 76/100 cents. $ 2.76 $ 3,179.52 9. 79 Curb return for the unit Lineal price of ONE feet Dollars and NINETY /100 cents. $ 1.90 $ 150.10 10. 872 Cross -gutter and spandrel Square for the unit price of feet ONE Dollars and THREE /100 cents. $ 1.03 $ 898.16 11. @:C7 Sidewalk for the unit Square price of No acL 0 Dollars and 48/100 cents. $ 0.48 $03, 75.36 HM Approx. item with Unit Prices Unit Price Tota •Ttem No. Quantity Written in te,ords in Figures Amount 6. 13 Prime coat for the unit Tons price of FIFTY Dollars and N0/100 cents. $ 50.00 $ 900.00 7.. 46 Seal coat for the unit Tons price of SixTY-six Dolars and No/100 cents. $ 66.00 $ 3,036.00 8. ' Type A-2 curb and gutter Lineal for the unit price of feet Two Dollars and 76/100 cents. $ 2.76 $ 3,179.52 9. 79 Curb return for the unit Lineal price of ONE feet Dollars and NINETY /100 cents. $ 1.90 $ 150.10 10. 872 Cross -gutter and spandrel Square for the unit price of feet ONE Dollars and THREE /100 cents. $ 1.03 $ 898.16 11. @:C7 Sidewalk for the unit Square price of No acL 0 Dollars and 48/100 cents. $ 0.48 $03, 75.36 HM _v SC D OILG r�i ..Q rnavv A • item Approx. Item with Unit Prices Unit Price Total NO. Quantity Written in words in Figures Amount :ortiand Cement Concrete 12. .3'3 Driveway for the unit Square price of No deet Dollars and 65 /100 cents, 13. Lump Miscellaneous concrete sum for wing -walls, junction chamber, etc. for the lump sum price of SEVENTEEN THOUSAND Dollars and No/100 cents. 14. 365 Asphalt concrete berm Lineal for the unit price of • feet ONE Dollars and No/100 cents. 0 15. 81,790 Treated shoulder for Square the unit price of No feet $ 0.65 $ 339.95 $17,000.00 $ 1.00 $17,000.00 $ 365.00 Dollars and FivE /100 cents. $ 0.05 $ 4,089.50 16. 141 Asphalt concrete drive - Ton ways with redwood. screeds £or the unit price of EIGHT Dollars and No 100 cents. n $ 8.00 $ 1.128.00 0 0 item Approx. item with Unit Prices Unit Price Total ;NO. 0-_lanti ty Written in words in figures Amount 17. 250 Rock slope protection Tons for the unit price of SEVEN. Dollars and -No? 10 0 cents. 18. 65 18" reinforced concrete Lineal pipe 1400-D for the unit feet price of SIXTEEN $ 7.00 $ 12820.00 Dollars and TWENTY /100 cents. $ 16.20 $ 1,053.00 19. 324 18" reinforced concrete Lineal pipe 2000-D for the unit feet price of _S IxTEEN Dollars and TWENTY /100 cents. $ 16.20 $ 5,248.80 20. 234 36" reinforced concrete Lineal pipe 1250-D for the unit feet price of TWENTY-FIVE Dollars and 92 /100 cents. 21. 385 54" reinforced concrete Lineal pipe 1300-D for the unit feet price of FogTy Dollars and 71 /100 cents. IM $ 25.92 $ 6,065.28 $ 6,0 .71 $ 15.673.35 r.:1 i:1'X .i:@�: v"";U u -nit Prices Unit Price Total t,t en in 1,cords ir, 'inures Amount 22. �;9 60" rein, forced concrete s ;.nca'. pipe 10,00-D for Dile unit feet price of FORTY—THREE Dollars and 63/100 cents. $ 43.63 $ 2,137.67 23.iy 66" reinforced concrete Lineal pipe 1350-D for the unit 'Feet price of FORTY—SEVEN Dollars and THIRTY /100 cents. $ 47.30 $19.818.70 24. 150 22" X 13" CMP Arch pipe Lineal 16' gage for the unit • feet price of FOURTEEN • Dollars and 47 /100 cents. $ 14.47 $ 2,170.50 25. 22 Centerline monuments for Each the unit price of FIETY Dollars and No /100 cents. $ 50.00 26. 35 L-2 Guide marker for the Each unit price of TwENTY Dollars and No /100 cents. $ 20.00 LB 6 $ 1,100.00 $ 700.00 5Ij SC.r.-DULE Alternate A • 1`e- �,;,n xpprcx. i:o. O antity Item with Unit Prices Unit Price Britten in words .n Figures Tota Amount 27. 27 Adjust manholes to grade Each for the unit price of FIFTY Dollars and No 100 cents. $ 50.00 $ 1,350.00 0 28. 23 Adjust water valve Each boxes to grade for the unit price of FIFTY Dollars and No /100 cents, $ 50.00 $ 1.150.00 29. Lump Relocate street signs and sum barricades for the lump sum price Of THREE HUN FIFTY Dollars and No /100 cents. $ 350.00 ME $ 350.00 • BID SCHEDUL ALTERNATE "B" Reaiaca item 2 by the following; all other items remain the same. em Aoorox. Item with Unit Prices Unit Price Total Nc. Cuantity written in Words In. Figures Amount 27,940 Excavation - all excess Cubic material shall become yard property of the contrac- tor to be disposed of outside the street right-of-way for the unit price of No Dollars and Sixry /100 cents. $ 0.60 $ 16,76µ.O0 ALTERNATE "C" The fo'.lowing item is additional work that may be added to Alternates A or B. :tem Approx. Item with Unit Prices Unit Price Total f,o. Ouantity Written in Words in Figures Amount 2,000 Class 150 1001 Asbestos Lineal Cement pipe including Feet all fittings, thrust blocks, and other necessary appurtenances (including 4 connections to existing pipe) for the unit price of SEVEN Dollars and 88/100 cents. $ 7.88 $ 15,760.00 11 • GRAND TOTAL FOR ALTERNATE "A": • 0 Two HUNDRED FOURTEEN THOUSAND, FORTY-EIGHT AND -Price in Words $ 21 08. Price in Figures GRAND TOTAL FOR ALTERNATE "B": Dollars Two HuNi �D F u r N - usA n FORTY-EIGHT AND 1 Dollars Price in Words TOTAL FOR ALTERNATE "C": FIFTEEN THOUS Price . SEVEN HUNDRED SIXTY AND In Words Price in Figures $ 15 76o.00 Price in Figures llars It is understood and agreed that the approximate quantities shown in the fore going proposal schedule are solely for the purpose of facili- tating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein, at the unit prices bid in the proposal schedule. , 11 DESIGNATION OF SUBCONTRACTORS In compliance with the provisions of Sections 4100-4107 of the Government Code of the State of California, and any amendments thereof, F.. le undersigned bidder has set forth belowthe name and location cf the place of business of each subcontractor who will perform work Or laoor or render service to the general contractor in or about t,e construction of the work to be performed under the contract documents to which the attached bid is res ponsibe, and the portion of the work which will be done by each subcontractor for each subcontract in excess of one-half of one percent of his total bid. The bidder understands that if he fails to specify a subcontrac- tor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself and that he shall not be permitted to sublet or subcontract that portion of the work except in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City, setting forth the facts constituting the emergency or necessity. PORTION OF WO • L. J. DAVIS, CURB AND GUTTER JOHN B. EWLES, INC. 3r(fob,r Name of Ridder LZ 0 V • The undersigned agrees, if awarded the contract, to begin work within fifteen (15) calendar days after the date of execution of the Contract Agreement, and to fully complete all work within one hundred eighty (180) calendar days after the date of the exe- cution of the Contract Agreement. Receipt is hereby acknowledged of Addenda Number 1 & 2 The undersigned is licensed in accordance with the laws of the State of California, License No. 232684 Class A Trdividuai Contractor: Name: Address: Partnership: Name: Business Address: By: Partner Other Partners: _ • Corporation: Name: �/o �t✓�e-S qrTsi.uess Address: l4fCSL, 10 L_W0 c) ST' • By: President Secretary (SEAL) Ornanized under the laws of the State Of CALIFORNIA BP 11 0 NOTICE INVITING SEALED PROPOSALS OR BIDS FOR THE CONSTRUCTION OF A.H.F.P. PROJECT NO. 540 DEL OBISPO STREET FOR THE CITY OF SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA PUBLIC NOTICE IS HEREBY GIVEN that the City Council of the City of San Juan Capistrano will up to 11:00 o'clock A.M. on the 3rd day of November 1971 rece�aled proposals or bids Tor We construct�o 7 .A.F.F Project No. 540 Del Obispo Street to be constructed in the City of San Juan Capistrano and in the County of Orange, California, all in accordance with the approved plans and specifications on file in the offices 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 form bound within these specification. 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 10 percent of the amount bid. The bond shall be a guarantee that the bidder shall enter into a contract if awarded the work and furnish the necessary bonds, one for faithful performance of the contract in an amount equal to one hundred percent (100%) of the contract price, and a second bond to secure laborers and material - men, in an amount equal to one hundred percent (100%) of the con- tract price. 0 Price, fitness and quality being equal, preference will be given to supplies grown, manufactured or produced in California, and next preference will be given to supplies partially manufactured, grown or produced in California, all as provided in California Governmental Code, Section 4330 throught 4361, which sections are incorporated herein by this reference. A time limit of one hundred eighty (180) calendar days has been set for the completion of the work from the date of execution of the contract agreement. The bidder's attention is directed to subsection NIB 1 • GC -06 of the General Conditions and subsection IB -12 of the Instruction to Bidders of these specifications. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the labor code of the State of California, the City of San Juan Capistrano has ascertained and determined the general prevailing rate of per diem wages, and the general prevailing rate for legal holiday and overtime work in the locality in which said work is to be performed for each craft classification or type of workman needed to execute the contract for said work which contract will be awarded to the successful bidder. The general prevailing rates so determined are as hereinafter provided. Wages for trades not specifically listed, and wages to be paid for overtime and holiday work shall be not less than the prevailing rates in Orange County. Resolution No. 71-6-28-1 adopted by the City Council of the City of San Juan Capistrano sets forth in detail said prevailing rates and other in- formation. 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 $5.00 , non-refundable, is required for obtaining each set of Plans and Specifications. 0 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 30th day of September , 1971 NIB 2 City Clerk City of San Juan Capistrano Orange County, California MEMORANDUM � To: City Council, City of San Juan Capistrano From: JACK Y. KUBOTA Consulting Engineer Subject: Del Obispo Street Improvement Project Date: September 9, 1971 AHFP Project No. 540 - Report for Council Meeting of September 13, 1971. There is presented for your consideration the review and approval of the plans and specifications for this long awaited street improve- ment project. You have been informed from time to time as to the lenghty design phase of this project and we have concluded that the plans as presented should be accepted and the authorization be given to advertise it for bids subject to the approval of the project by the County of Orange. In addition we request your adoption of a resolution authorizing the acquisition of right of way by condemnation proceedings if required. There has been a considerable amount of discussion regarding the adaptability of our improvements for a specific bicycle trail or riding area. We have incorporated into the design a minimum of an..8' "treated shoulder" which can be utilized as a bicycle trail in the event the City Council would want to so declare same. In some cases there will need to be utilized the street paving areas where curb and gutters already exist or will be constructed. JYK/le ,.jack Y. Kubota, City Engineer City of San Juan Capistrano APPROVED FOR CITY COUNCIL .1.......,...:-..!�./........ ...AGENDA /TQM G•,� MEMORANDUM To: City Council City of San Juan Capistrano Subjecf: Del Obispo Street Improvement Project AHFP Project No. 540 =raK *Z F. From: JACK Y.. KUBOTA Consulting Engineer Date: December 14, 1970 This office has had under way for several months the detailed engineering design phase and acquisition of rights of ways for this important street project. Pursuant to the timely request of the City Council we have developed a schedule for the entire project as set forth below: 1. Completion of Plans and Specifications ........ March 15, 1971 2. Completion of Rights of Ways Proceedings ....... March 15, 1971 3. Completion of Review of Preliminary Plans ...... May 3, 1971 4. Completion of Final Plans and Specifications ... June 14, 1971 5. Bid Opening for Project ........................ July 26, 1971 6. Award of Contract .............................. August 23, 1971 7. Estimated time of completion ................... 180 calendar days 8. Contract Completion date ....................... March 1, 1972 This project being funded in part by AHFP makes it mandatory that we go out to bid not later than June 30, 1971. The County of Orange has advised our office that the County portion of Del Obispo Street improvements is now scheduled for construction in September, 1971. The undersigned recommends that the City Council review the schedule as outlined and upon concurrence by all parties, the information be distributed to all involved agencies and property owners. In addition, we recommend that our City Attorney be authorized to pro- ceed with.special legal proceedings for the right of way acquisitions. Jack Y.fljubota, City Engineer JYK/le H640161m9% i RESOLUTION NO. 72-5-22-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ACCEPTING DEL OBISPO IMPROVEMENT PROJECT' (AHFP#540) AND AUTHORIZING FILING OF NOTICE OF COMPLETION THEREFOR WHEREAS, all of the work on Del Obispo Street Improvement Project (AHFP #540) was completed according to the plans and specifications on May 18, 1972. NOW, THEREFORE, BE IT RESOLVED that: 1. The aforesaid work be, and is hereby, accepted as of May 18, 1972; 2. The City Engineer be, and is hereby, authorized and directed to file a Notice of Completion with the Recorder of the County of Orange; 3. The Director of Finance be, and is hereby, authorized and directed to pay John B. Ewles, Inc, the remaining amount payable on the aforesaid construction contract in accordance with the final quantities. PASSED, APPROVED and ADOPTED this 22nd day of May, 1972, at a regular meeting of the City Council of the City of San Juan Capistrano, by the following vote, to wit: AYES: COUNCILMEN: WEATHERS, CHERMAK, BYRNES, GAMMELL and THORPE NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE V " s F. Thorpe, Mayor ATTEST: Donald G. Weidner, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO) I, DONALD G. WEIDNER, City Clerk of the City of San Juan Capis- trano, hereby certify that the foregoing is a true and correct copy of a resolution of the City Council of said City numbered 72-5-22-3, adopted by the City Council on the 22nd day of May, 1972. City Clerk Phe iulcgoiug inSUUIIN'nt is correct oopy of the original on file In this offlee. .... ac4_ .......................19 UK..... Attest: city clerk 41 the city San Juan C&pU13'1�3Wr YCounty -- range, ta f 0 CalifOyr" V a gtp Sclerk " _C6.. i CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA SPECIFICATIONS FOR THE A.H.F.P. PROJECT NO. 540 DEL OBISPO STREET AUGUST, 1971 0 TABLE Of CONTENTS 1. Notice Intuiting Sealed Proposals (Bids) 2. Instructions to Bidders 3. Bid Proposal 4. Agreement 5. Performance Bond 6. Labor and Material Bond 7. Special Conditions 8. General Conditions 9. Detail Specifications • Section 1 - General Section 2 - Earthwork Section 3 - Asphalt Concrete Paving Section 4 - Portland Cement Concrete Section 5 - Corrugated Pipe Section 6 - Abestos-Cement Pipe 171 0 INSTRUCTION TO BIDDERS IB -01. Securitv Documents. Plans, specifications and other contract documents will be available for examination without charge, and copies may be secured in accordance with the foregoing "Notice Inviting Bids." IB -02. Examination of Plans, Specifications and Site of Work. The bidder is required to examine the site of work, the proposal, the plans, and the specifications very carefully. He shall satisfy himself as to the character, quality, and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract 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 Owner or any of its officers 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. • IB -03. Interpretation of Drawings and Documents. If any bidder should find discrepancies in, or omissions from the drawings, specifications, or other proposed contract do- cuments, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly and fully set forth, or if the Enqineer discovers errors, omissions, or 'points requiring clarification in the drawings, or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The Owner will not be responsible for any instructions, explanations, or interpretations of the documents presented to bidders in any manner other than written addendum. IB 1 0 IB -04. Addenda or Bulletins. The effect of all addenda to the contract documents shall be considered in the bid, and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each Bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in this bid any such addenda issued may render his bid informal and result in its rejection. IB -05. 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. IB -06. Proposals. Bids to receive consideration shall be in accordance with • the following instructions: A. Bids shall be made only upon the forms attached to, and forming a part of, the specifications and shall not be detached therefrom; all bid items shall be properly filled out; numbers shall be stated both in words and in figures, and the signatures of all persons signing shall be in longhand. Where there is a con- flict in the words and the figures, the words shall govern. No bid detached from these contract documents will be considered. • B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto, and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic, or telephonic proposals or modifications will be considered. D. The Owner may require any bidder to furnish a state- ment of his experience, financial resDonsibility, technical ability. equipment, and references properly and fully filled out. IB 2 • E. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the pro- visions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a check upon such bank properly certified, or an approved corporate surety bond payable to the Owner for 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 Owner 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 said bonds within the time required by these documents, such check or bond, and the money represented thereby, shall remain the property of the Owner and, if the bidder shall fail to execute said contract, said surety will pay to the Owner the damages which the Owner 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 may be rejected. G. Bids shall be delivered to the Owner, at the location • stipulated, 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, and bearing the title of the work and the name of the bidder. IB -07. Licensing of Contractors. 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. IB -08. Withdrawal of Bid. 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. IB -09. Opening of Bid Proposals. The Owner 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. IB 3 n U IB -10. Award of Contract or Rejection of Bi No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids." The Owner, however, reserves the right to reject any or all bids, and to waive any informality in the bids received. The bidder to whom the award is made shall execute a written Contract Agreement with the Owner 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 Owner. 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 corborate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. IB -11. 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 100 percent of the total amount pavable by the terms of the contract, and a faithful performance bond in a sum not less than 100 percent of the amount of the contract, said bonds shall be secured from a surety company satisfactory to the Owner. Surety companies, to be acceptable to the Owner must be authorized to do business in the State of California and be on the accredited list of the United States Treasury. IB -12. Time of Performance. The work shall be commenced within fifteen (15) calendar days from date of execution of the contract, and shall be diligently prosecuted until completion. A time limit of one hundred eighty (180)•calendar days from date of execution of the contract has been set for completion of the work. The Bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages. • IB 4 0 Ll IB -13. Assignment of Contract. No assignment by the Contractor of any contract entered into hereunder or any part thereof, or of funds ceived thereunder by the Contractor, will be recognized awarding authority unless such assignment has had prior of the awarding authority and the surety has been given such assignment in writing and has consented thereto in IB -14. Workmen and Wages. to be to be re - by the approval notice of writing. Attention isspecifically 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 the prevailing wage rates determined by the Owner pursuant to said Code and as listed in the "Notice Inviting Bids." IB 5 l • SECTION SC SPECIAL CONDITIONS 10 SC -01. Scope of Work. The work to be done consists of furnishing all labor, materials, tools, and equipment necessary for or incidental to the Construction of A.H.F.P. Project No. 540 Del Obispo Street complete with all appurtenant facilities, in accordance with the plans and specifications. All work, during its progress, and upon completion, shall con- form to the lines, elevations, and grades as shown on said 'plans. The Contractor shall complete the proposed work in every detail as specified. Should any detail or details be omitted from the plans then it shall be the responsibility of the Contractor to furnish and install such detail, so that upon completion of the proposed work, the work will be acceptable and ready for use. SC -02. Time of Performance. The work shall be commenced within fifteen 15 calendar days from the date of execution of the contract, and shall be diligently prosecuted until completion. A time limit of one hundred eighty (180) calendar days from the date of execution of the contract has been set for the completion of the work. The bidder's attention is directed to Sub -Section GC -06. • SC-03.' and Extra Work. On or before the 15th day of each month anafter written approval of the Enqineer, there shall be paid to the Contractor a sum equal to 90 percent of the work performed and of unused materials stored on the site up to the last day of the previous month, less the aggreqate of previous payments. The monthly payments shall be made only on the basis of monthly estimates which shall be prepared by the Contractor on a form approved by the Engineer before the 28th day of the month preceding the month during which the payment is to be made. Work completed as estimated shall be an estimate only and no inaccuracy or error in said estimate shall operate to release the Contractor or any bondsman from damages arising from such work or from enforcing each and every provision of the contract; and the Owner shall have the right to subsequently correct any error made in any estimate for payment. The Contractor shall not be entitled to have any payment estimates processed or be entitled to have any payment made for work performed so long as any lawful or proper direction concerning the work or any portion thereof given by the Owner or the Engineer shall remain uncomplied with. Payments for materials stored on the site shall be based only upon the actual cost of such materials to the Contractor and shall not include any overhead or profit to the Contractor. SC 1 • In addition to the amount which the Owner may retain under the above paragraph, the Owner may withhold a sufficient amount or amounts of any payment or payments otherwise due to the Con- tractor as in its judgment may be necessary to cover (a) payments which may be past due and payable for just claims against the Con- tractor or any subcontractor for labor or materials furnished in or about the performance of the work on the Project under the contract, (b) for defective work not corrected, and (c) for failure of the Contractor to make Proper payments to any of his subcontractors. The Owner may apply such withheld amount or amounts to the pay- ment of such claims, in its discretion. In so doing the Owner shall be deemed the agent of the Contractor and any payments so made by the Owner shall be considered as a payment made under the contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for such payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. The Owner will render to the Contractor a proper accounting of such funds disbursed on behalf of the Contractor. Immediately after execution and delivery of the contract, and before the first partial 'payment is made, the Contractor shall deliver to the Owner a construction commencement and completion program schedule of each of the various subdivisions of work re- quired under the contract and the anticipated amount of each monthly • payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be approved by the Engineer (a) a detailed estimate giving a complete breakdown of the contract price, and (b) periodical itemized estimates of work done for the purpose of making partial payments thereon. The values employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price. 0 The owner upon proper action by its Governing Body, may re- quire changes in, additions to, deductions from the work to be per- formed or materials to be furnished pursuant to the provisions of the contract. Adjustments, if any, in the amounts to be paid to the Contractor by reason of any change, addition, or deduction shall be determined by one or more of the following methods: a. By an acceptable lump -sum proposal from the Contractor b. By unit prices contained in the Contractor's original bid and incorporated in the Contract Documents or fixed by sub- sequent agreement between the Owner and the Contractor. SC 2 No extra work shall be performed or change made except pur- suant to a written order from the Owner stating that the extra work change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered; provided, however, that nothing in these specifications shall excuse the Contractor from proceeding with the prosecution of the work so changed. The Contractor shall, when required by the Owner, furnish and itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. At the expiration of thirty-five (35) days after the final acceptance and filing of a Notice of Completion, the Contractor will be paid the remainder of the total contract price after deducting any sums which may be legally retained under this contract. SC -04. Measurement and Payment. All measurements of work done will be made by the Engineer. SC -05. Authority of En inter. The work shall be done under the direction o the Engineer, and n the materials used shall comply with these specifications and be to the satisfaction of the Engineer. The Engineer shall have authority to stop the work, whenever such stoppage may be necessary to insure the proper execution of the con- tract. He shall have authority to reject any work or materials which do not conform to the contract documents, to direct the application of forces to such portions of the work as in his judgement is required, • to order the force increased or.diminished, to direct the sequence of the work, and to decide questions which arise in the execution of the work. All work under this contract shall be done under the direction and to the satisfaction of the Engineer. SC -06. Compaction Tests. All compaction tests required in accordance with these specification, will be performed by the Owner. Note section GC -05 b. about contractors costs for retesting. SC -07. Disposal Area. The Contractor shall dispose of sur- plus usuable material from the work at the site shown on the plans. Borrow at the work site shall be confined to those areas shown on the plans and at the direction of the Engineer. If the disposal site is not available, Alternate "B" bid price shall be used and contractor shall be responsible for the disposal of excess material off the site. SC -08. Measurement of Quantities. All work completed under this Contract shall be measured by the Engineer according to United States Standard Measures. Unless otherwise shown on the Drawings or in the Specification, all lengths and distances shall be measured horizontally. A ton shall consist of 2000 pounds avoirdupois. Trucks used to haul material being paid by weight shall be weighed empty daily and at such additional times as the Engineer may direct, and each truck shall bear a plainly legible identification • mark. Empty weight shall include any dunnage, padding,, or other non -pay materials carried and fuel tank content adjustments shall be reasonably applied. SC 3 0 When material is being paid for on a weight basis, the weight of the material to be paid for will be determined by deducting the weight of water in the material in excess of 3 percent of the dry weight of the material. Trucks shall be weighed by a certified weighmaster and the Contractor shall be responsible for the costs involved. Moisture content tests shall be made at the direction of the Engineer in order to determine whether the moisture content is above 3 percent. The moisture content tests shall be made at the expense of the Owner. SC -09. Contract Modifications - Change Orders. The Owner, without invalidating the contract, may require changes in, additions to, or deductions from the work to be performed or materials to be furnished pursuant to the provisions of the contract. Adjustment, if any, in the amounts to be paid to the Contractor by reason of any such change, addition, or deduction shall be determined by one or more of the following methods: a. By an acceptable lump -sum proposal from the Contractor. b. By unit prices contained in the Contractor's oriainal bid and incorporated in the Contract Documents or fixed by sub- sequent agreement between the Owner and the Contractor. • No extra work shall be performed or change made except pur- suant to a written change order from the Owner stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered: provided, however, that nothing in these specifications shall excuse the Contractor from proceeding with the prosecution of the work so changed. The Contractor shall, when required by the Owner, furnish an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. SC -10. Quality of Materials and Equipment. Whenever a material or article is specified or described on the plans by using the name of a proprietary product or by using the name of a particular manu- facturer or vendor, the specific items mentioned shall be understood as establishing the type, function,and quality desired. The base bid must be based on the use of these materials or articles. Other manufacturer's products of comparable quality and suitable for the intended use will be considered. Such items shall be submitted to the Engineer for approval SC 4 ^- • All equipment, materials and articles incorporated in the work shall be new and unused. The Contractor shall provide proper storage facilities and exercise such measures as will insure the preservation of the specified quality and fitness of all materials and eouipment. Materials not conforming to the requirements of the specifications shall be rejected and shall be immediately removed from the site of the work. Materials used in the work shall be tested in conformance with the specifications. Samples furnished for sampling shall be representative of the material to be used. SC -11. Access to Work. The Owner, its inspectors, agents, and other employees, shall at all times and for any purpose have access to the work and the premises used by the Contractor, and the Contractor shall provide safe and proper facilities therefor. Further- more, the Owner, its inspector, and agents shall, at all times, have immediate access to all places of manufacture where machinery or materials are being manufactured, produced, or fabricated for use under these specifications, and shall have full facilities for determining that all such machinery or materials are being made strictly in accordance with the specifications and drawings. The Contractor shall, whenever so requested give the Engineer access to the proper invoices, bills of lading, etc., and shall provide scales and assistance for weighing, or assistance for measuring any of the materials. • SC -12. Surveys. Property and boundary surveys will be estab- lished by the Owner and the Contractor shall provide the Owner with such assistance and materials as may be required. The Contractor shall carefully preserve all survey stakes and reference points so far as possible. Should any stakes or points be removed or destroyed unnecessarily by any act of the Contractor or his employees, they may be reset at the Contractor's expense. LI SC -13. Protection of Existing Facilities. The Contractor shall be responsible for any loss or damage that may occur to any of the existing facilities or to any new materails or equipment stored at the site of the work, during the life of the contract. SC -14. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbi- tration Association, and judgment upon the Award rendered by the Arbitrator (s) may be entered in any Court having jursidiction thereof. SC 5 n u 0 SC -15. Quantities of Work. The various quantities of work for the entire project have been set up on the several schedules as shown in the Sid proposal. It is the intent of the Owner to award a single contract for all the items of work; however, the right is reserved to delete from said award any one or more of the respective schedules and the items of work encompassed thereunder without prejudice to the remaining schedules and items of work encompassed thereunder. No change in any unit or lump sum price bid for any item of work will be considered or allowed in awarding a contract for less than the entire project. In no event will more than one contract be awarded for the project or any portion thereof. SC 6 • GENERAL CONDITIONS GC -01. Definition of Terms. Terms used herein are defined as follows: a. Bidder: Any individual, firm, co -partnership or corpor- ation, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. b. Contractor: The party of the second part, or his duly authorized agent, entering into contract with the Owner for per- formance of the work required by the specifications. The Contractor is referred to throughout the contract documents as if of a singular number and masculine gender. c. Subcontractor: A person, firm, or corporation supply- ing labor and materials or labor for work at the site of the project as an agent of the Contractor. No subcontractor will be recognized as such. All persons engaged in the work of construction will be considered as employees of the Contractor. d. Plans: The approved datail drawings, or exact reproduc- tion thereof, listed in the detail specifications, which show location, character, dimensions and details of the work to be done and which is to be constructed as a part of this contract. • e. Specifications: All written directions, provisions and requirements governing the procedure to be followed in connection with the performance and execution of the work, the quantities and qualities of materials to be used and the method of measurement of the quantities of work. • f. Work: Labor, material, equipment, transportation, or other facilities necessary to complete the contract. g. The terms approved, directed, satisfactory, accepted, acceptable, proper, required, necessary and or equal, shall be defined as meaning as approved, directed, satisfactory, accepted, acceptable, proper, required, necessary, or equal in the opinion of the engineer. h. Engineer; Whenever the Engineer is referred to it is meant to mean the City Engineer of the City of San Juan Capistrano, California, or his duly authorized agent. i. Inspector: The inspector agent or agents of the City Engineer California, limited in each case to to him or them. GC 1 or inspectors shall be the of the City of San Juan Capistrano, the particular duties entrusted • j. Change Order: A written order issued by the Engineer ordering the Contractor to make changes in the work or to perform extra work. k. Notice of Award: A directive issued by the Owner noti- fying the Bidder that his proposal for the work contemplated has been accepted. 1. Notice to Proceed: A directive issued by the Enaineer, authorizing the Contractor to start the work or improvements re- quired in the contract. M. Surety: The word "surety" refers to the person, firm or corporation with whom the Contractor joins in assuming the liability for their performance of the contract in accordance with the plans and specifications by issuing the bonds required by law. n. City: The City of San Juan Capistrano, State of California. o. Owner: The City of San Juan Capistrano, organized and existing under and by virtue of the laws of the State of California, acting through its duly authorized agent. • GC -02. Abbreviations. The abbreviations used in the plans and specifications are abbreviations the meaning of which are established by general usage throughout the industry, those shown on the Standard Symbols of the plans, and those defined hereinafter. 0 GC -03. Supplementary Specifications. Wherever reference is made within thesedocuemnts to certain standard specifications the reference shall be construed to mean the standards, with all sub- sequent amendments, changes, or additions as thereafter adopted and published that are in effect at the date of approval of the plans and specifications. AASHO -- American Association of State Highway Officials ASTM -- American Society for Testing Materials AWWA -- American Water Works Association ASME -- American Society of Mechanical Engineers CSS -- State of California, Highway Transportation Agency, Department of Public Works, Division of Highways NEMA -- National Electrical Manufacturers Association GC 2 • GC -04. Subcontractors and Contract Agreement. No subcon- tractor will be recognized as such, and all persons engaged by the Contractor for the furnishing of labor, materials, equipment, or any one or more of them, will be considered as employees of the Con- tractor, except regarding insurance as provided in paragraph GC -13-e hereinafter. Subcontractors may be permitted to such extent as shall be shown to be necessary or definitely advantageous to the principal Contractor in the prosecution of the work, and in the opinion of the Engineer, without injury to the interests of the Owner. In ge- neral,it is the intention that not more than fifty (50) percent of the work shall be subcontracted. The listing of more than fifty (50) percent may cause a rejection of the bid, if in the opinion of the Owner such extensive subcontracting is undesirable. The Subcontract shall contain a reference to the agreement between the Owner and the principal Contractor; and the terms of the agreement and all parts thereof shall be made a part of such subcontract insofar as applicable to the work covered thereby. All work and materials furnished by the subcontractor shall be guaranteed by the Contractor and the Owner will hold the Contractor responsible therefor. GC -05 Testing and Rejection. • a. Tests and Samples. Materials requiring tests are so specified in the Technical Provisions. Other samples may be tested, but only at the discretion of the Engineer. All samples for testing will be selected by the Engineer from material to be utilized in the project and all tests will be under the supervision of, as directed by, and at such points as may be convenient to the Engineer. Material requiring testing shall be furnished in sufficient time before intended use so as to allow for testing. No materials represented by tests may be used prior to receipt of written approval of said materials. n LJ b. Defective Work or Materials. The inspection of the work shall not relieve the Contractor of any of his obligations to ful- fill his contract, and defective work shall be made good, and un- suitable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted. If the work, or any part thereof, shall be found defective at any time before the final acceptance of the whole work, the Con- tractor shall forthwith make good such defect, without additional compensation, in a manner satisfactory to the Engineer. GC 3 Should it be considered necessary or advisable for the Owner at any time before final acceptance of the work to make an exami- nation of work already completed by removing or exposing the work, the Contractor shall on request promptly furnish all necessary facilities, labor and materials. If such work is found to be de- fective in any respect due to fault of the Contractor or any of his subcontractors, he shall defray all the expenses of such examinations and of satisfactory reconstruction. If, however, such work is found to meet the requirements of this Contract, the additional cost of labor and material necessarily involved in the examination and replacement, plus fifteen (15) percent shall be allowed the Con- tractor. All costs for retesting and reinspection which are necessi- tated by defective materials and/or workmanship shall be at the sole expense of the Contractor. GC -06. Performance of Work. The work shall be commenced within fifteen 15 calendar days from date of execution of con- tract and shall be completed by the Contractor within the number of calendar days stipulated in the Instructions to Bidders from the date of execution of the contract. If the work is not completed in accordance with the foregoing, the Owner shall have the right to extend the time for completion if it determines such extension to • be in the best interests of the Owner. In case the Owner decides to extend the time limit for the completion of the work, it shall have the further right to charge the Contractor, his executors, administrators, heirs,assigns or sureties, all or any part, as the Owner may deem proper, of the actual costs of engineering inspection supervision, incidental and other overhead expenses, that are directly chargeable to the Contract and that accrue during the period of such extension, and to deduct the amount thereof from the final payment for the work. However, the cost of the final survey and the preparation of the final estimate will not be included in such charges. If the work is not completed by the Contractor in the time specified, or within any period of extension as above authorized, it is understood that the Owner will suffer damage; and it being impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the Owner as fixed and liquidated damages and not as a penalty, the sum specified in the Special Conditions for each calendar day of delay until the work is completed and accepted;and the Contractor and his surety shall be liable for the amount thereof, provided that the Contractor shall not be charged liquidated damages because of any delays in the completion of the work due to unforeseeable causes beyond the contro and without the fault or negligence of the Contractor (including, but not restricted to, acts of God or of the public enemy, acts • of the Government, acts of the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather). The Contractor shall, within ten (10) days from GC 4 • is the beginning of any such delay, notify the Engineer in writing of the cause of the delay; whereupon the Owner shall ascertain the facts and the extent of the delay and extend the time for completing the work when in its judgement the findings of fact justify such an extension; and its findings of fact thereby shall be final and conclusive on the parties hereto. The Contractor must ascertain to his own satisfaction the scope of the project and the nature of any other contracts that have been or may be awarded by the Owner in the prosecution of the project to the end that the Contractor may perform the contract in the light of such other contracts, if any. Nothing herein con- tained shall be interpreted as granting to the Contractor exclusive occupancy of the site of the project. The Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the project. If the performance of any contract for the project is likely to be interfered with by the simultaneous execution of some other contract or contracts, the Owner shall decide which Contractor may proceed. The Owner shall not be responsible for any damages suffered or extra cost incurred by the Contractor resulting directly, or indirectly, from the award of performance or attempted performance of any other contract or contracts on the project, or caused by any decision or omission of the Owner respecting the order of precedence in the performance of the contracts awarded for completion of the project. GC -07. Federal Hindrance. In entering into this contract, it is clearly understood by all parties hereto that conditions may subsequently arise resulting from, connected with, or growing out of any war, in which the United States may be engaged, or any national emergency or condition created directly or indirectly by or for national defense, and which are entirely beyond the control of either party, that may hinder, delay or render impossible the per- formance of this contract in accordance with its terms and conditions. It is therefore mutually understood and agreed, anything herein contained to the contrary notwithstanding, that in the event the Contractor shall be prevented from performing the contract, or any part thereof by reasons of the conditions above stated, the follo- wing procedure shall govern. The Contractor shall in writing inability to perform, stating in full probable durations of such inability. submit proof or evidence in support of perform. GC 5 notify the Owner of his the reason therefor and the If required, he shall also his claim or inability to n L If it shall appear to the satisfaction of the Owner that the cause of inability to perform arose after the contract was entered into and is beyond the control of the Contractor, the Owner may: a. If lawfully within its power, remove the cause which prevents performance; or b. Suspend this contract until the cause of inability to perform is removed; or C. With the consent of the Contractor, renegotiate or amend this contract by extending the time of performance or by making changes in the character of the work, or in the materials or equip- ment required in order to enable performance of the contract; or d. Waive performance of that part of the Contract which is impossible, or supply substitute materials for those unavailable. Where this remedy is resorted to, the payment due the Contractor shall be diminished to the extent of the work not required to be supplied, based so far as is practicable upon unit prices bid. If none of the foregoing procedures are adopted by the Owner within thirty (30) days after the Owner is satisfied and so • finds that the Contractor is unable to perform for the reasons above stated, then either party hereto may, without incurring any liability, elect to declare this contract terminated upon the ground of impossibility of performance. Upon such termination, the Con- tractor shall be entitled to proportionate compensation at the contract price for such portion of the contract as may have been performed. GC -08. Suspension of Contract. If the work to be done under the Contract shall be abandoned by the Contractor, or if the Con- tractor shall make a general assignment for the benefit of his creditors or be adjudicated a bankrupt, or a receiver of his property or business be appointed by a court of competent jurisdiction, or if this contract shall be assigned by him otherwise than as herein- before specified, or if at any time the Engineer shall be of the opinion that the performance of the contract is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions or covenants of the contract or of the spe- cifications, or is executing same in bad faith or not in accordance with the terms thereof, or if the work is not fully completed within the time named in the contract for its completion, or approved extensions of such time, the Owner, may by written notice instruct the Contractor to discontinue all work, or any part thereof, under the contract. GC 6 • When such written notice is served upon the Contractor, he shall immediately discontinue the work, or such part thereof as is covered by the notice, and shall not resume the same except by written instruction from the Owner. In any such case the Owner may take charge of the work and complete it by whatever method he deems expedient. In doing so, the Owner may take possession of any materials, plaht,tools, equipment, supplies, and property of every kind provided by the Contractor for the purpose of his work. The Contractor shall not be entitled to receive any payments after the date of said notice. If upon completion of the work the total cost to the Owner, in connection therewith from the date of said notice to the date of completion, exceeds the amount which would have been payable under the Contract if the same had been completed by the Contractor, then the difference shall be paid by the Contractor or his sureties. The Owner also reserves the right of suspending the whole or any part of the work if the Engineer shall deem it for the interest of the Owner to do so and, unless otherwise provided in the Technical Provisions, the Contractor shall have no claim for damages or additional compensation on account of such suspension but will be entitled to so much additional time wherein to complete the con- tract as determined in accordance with paragraph GC -06 hereinbefore. GC -09. Protests. If the Contractor considers any work demanded • of him to be outside the requirements of the contract, or if he considers any instructions, ruling or decision of the Owner or Engineer, or of any Inspector, to be unfair, he shall within ten days after any such demand is made, or instruction, ruling, or de- cision is given, file a written protest with the Engineer, stating clearly and in detail his objections as are made of record in the manner and within the time stated herein, the Contractor shall be deemed to have waived and does hereby waive all grounds for protests or objections to such demands, instructions, ruling, or decision of the Engineer. GC -10. Right of Way. The right of way, easements, and land for the improvement will be provided by the Owner. The Contractor shall obtain consent from the property owners and shall make his own arrangements and pay all expenses for additional area required by him outside the limits of the right of way. GC -11. Loss or Damage. The Owner shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or to any of the materials or other things used in performing the work, or for injury to any person or persons, either workmen or the public, or for damage to any property for any cause which might have been prevented by the Con- tractor. Against all these injuries or damages to persons and property, the Contractor shall properly guard. The Contractor shall • be responsible for any liability imposed by law for any, damage to any person or property resulting from defects or obstructions, GC 7 • or from any cause whatsoever during the process of the work, or at any time before final acceptance, and shall indemnify and save harmless the Owner from all suits or actions of every description brought for, or on account of, any injuries or damages received or sustained by any person or persons by reason of the construction of the work, or any negligence in guarding the same or improper materials used in its construction, or of any act of omission of the Contractor. GC -12. Protection of Property and Utilities. a. Protection of Property. The Contractor shall conduct his operations in such a manner as to avoid injury or damage to adjacent property, improvements, or facilities. Buildings, trees, ground cover, and shrubbery that are not designated for removal, pole lines, fences, guard rail, guide posts culvert and project markers, signs, structures, conduits, pipelines, and other improvements within or adjacent to the street or riqht of way shall be protected from injury or damage. The contractor shall provide and install suitable safeguards to protect such objects from injury or damage, which objects if injured or damaged, by reason of the Contractor's operations shall be replaced or restored to a condition as good as when entered upon the work, or as required • by the specifications. The Contractor shall be responsible for all damage to streets, roads, highways, ditches, embankments, bridges, culverts or other public or private property, which may be caused by transporting equipment, materials, or men to or from the work. The Contractor shall make satisfactory and acceptable arrangements with the property owner over the damaged property concerning its repair or replacement. b. Protection of Utilities and Substructures. A diligent search of known utility records has been made in the endeavor to indicate on the drawings the nature and location of all utilities which exist within the limits of the work. However, the accuracy or completeness of the utilities indicated on the drawings is not guaranteed. Utility structures and/or service connections to adjacent property may or may not be shown on the drawings. It shall be the responsibility of the Contractor, before commencing any excavation, to contact all 'possible owners of utili- ties within the work area and to ascertain from records or otherwise, the existence, position and ownership of all utilities, utility structures and service connections. No error or omission regarding said utilities shall be construed to relieve the Contractor from his responsibility in protecting all such facilities. • Unless otherwise indicated on the plans or in these specifi- cations or unless otherwise cared for by the owner thereof, all water, gas, oil, or irrigation lines; lighting, power,or telephone GC 8 • conduits; sewer lines; house connection lines,sprinkling systems, and other subsurface structures of any nature along the work shall be maintained by the Contractor at his own expense and shall not be disturbed, disconnected, or damaged by him during the progress of the work. Should the Contractor in the performance of the work disturb; disconnect, or damage any of the above, all expenses of whatever nature arising from such disturbance, or the replacement or repair thereof shall be borne by the Contractor. The Contractor shall not disturb any existing private sanitary facilities. Unless otherwise indicated on the plans, all private sanitary facilities shall be maintained by the Contractor and shall not be disturbed or disconnected by him. The Contractor shall install temporary pipes of adequate size to carry off sewage from any private sewer facilities cut off by construction work. Connections to temporary pipes shall be made immediately by the Contractor upon cutting of the existing facility. No sewage shall be allowed to flow from any severed facility upon the ground surface or in the trench excavation. Pipe used in temporary sewers may be clay, metal, concrete, or composition. Upon completion of work the Contractor shall replace all severed connections and restore to operating order the existing sanitary facilities. No valve or other control of the water system shall be operated • by the Contractor without approval of the Engineer and all customers affected by such operation shall be notified by the Contractor at least one hour before the operation and advised of the probable time when service will be restored. The Contractor shall not draw any water from a fire hydrant for use on the work, without first obtaining permission from the Owner. In case it should be necessary to move or temporarily main- tain the property of any public utility or other property, the cost of which because of the terms of any franchise or for any other reason must be borne by the Owner thereof, such Owner will, upon proper application by the Contractor, be notified by the Engineer to move or temporarily maintain such property within a specified reasonable time, and the Contractor shall not interfere with said property until after the expiration of the time specified. The right is reserved to the Owner, to governmental agencies, and to owners of public utilities and franchises to enter upon any street, alley, right of way, or easement for the purpose of main- taining or of making necessary repairs or changes in property made necessary by the work. The Owner reserves the right during the progress of the work to make changes which may materially affect the scooe or conduct of the work. Such changes will be ordered in • writing by the Engineer. GC 9 • GC -13. Observance of Laws and Regulations. a. Legal Address of Contractors. The address given in the Contractor's proposal on which the contract is founded is hereby designated as the place to which all notices, letters, and other communications to the Contractor shall be mailed or delivered, except that said address may be changed by the Contractor by so notifying the Engineer and Owner in writing. This shall not be construed to preclude the service of any notice. letter, or other communcation upon the Contractor personally. b. This Section Deleted. C. Patents or Copyrights. The Contractor shall hold and save the Owner harmless from liability of any nature and kind in- cluding costs and expenses, for or on account of any copyrighted • or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance, manufactured, furnished, or used by him in the performance of this contract, including their use by the Owner unless otherwise specifically stipulated in the Contract. n U d. Prevailing Rates of Per Diem Wages. The Owner has ascer- tained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman needed to execute the contract and has specified same in the Contract Documents attached hereto. The Contractor and all sub- contractors shall comply with all requirements and provisions of Section 1775 and 1776 of the California Labor Code. The Contractor shall forfeit as a penalty to the Owner $25.00 for each calendar day, or portion thereof, for each workman 'paid less than stipulated pre- vailing rates for any work done under the contract by him, or by any subcontractor under him, in violation of the provisions of the California Labor Code. Subject to the provisions of Section 1810 and 1817, both inclusive, of the California Labor Code, the time of service of any laborer, workman, or mechanic employed on the work shall be limited and restricted to eight hours during any one calendar day, except as otherwise provided in said sections, and the Con- tractor shall forfeit, as a penalty to the Owner $25.00 for each laborer, workman, or mechanic employed in the execution of this GC 10 • contract by him or any subcontractor under him, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of the California Labor Code. e. Insurance. No work shall be done under this Contract unless there is in effect insurance reouired under this section, and such insurance has been approved by the Owner; nor shall the Contractor allow any Subcontractor to commence work on his sub- contract until all insurance reouired of the Subcontractor has been so obtained and approved. The Contractor shall maintain, or cause to be maintained, adequate workman's compensation insurance under the laws of the State of California, and shall provide er cause to be provided employer's general liability insurance for the benefit of his employees and the employees of any Subcontractor under him not protected by such compensation laws. The Contractor shall take out and shall furnish satisfactory proof by certificate that he has taken out public liability and property damage insurance with insurance carriers satisfactory to the Owner and in such form as shall be satisfactory to the Owner and in such form as shall be satisfactory to the Owner to protect said Contractor against loss from liability imposed by law from damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, • resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said Contractor against loss from liability imposed by law for damage to any property, caused directly or indirectly by the per- formance or execution of this contract or any subcontract there- under, which insurance shall also cover accidents arising out of the use and operation of automobiles and trucks. All said public liability and property damage insurance shall be maintained by the Contractor in full force and effect during the entire period of performance under this contract, the amounts of coverage of said insurance shall be not less than the following: Public Liability - $500,000 for one person injured in one accident. $1,000,000 for more than one person injured in one accident. Property Damage - $100,000/$500,000 limits. .Said policies shall have a non -cancellation clause providing that ten (10) days written notice shall be given the said Owner prior to such cancellation. GC 11 • If the Contractor fails to maintain such insurance, the Owner may take out such public liability insurance to cover any damage which said Owner 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 under the contract. 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 the operations of any subcontractor under him. The Contractor shall maintain or cause to be maintained fire insurance on all work subject to loss or damage by fire. The amount of fire insurance shall be sufficient to protect against such loss or damage in full until the work is accepted by the Owner. The Contractor shall indemnify and save harmless the Owner from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought, or recovered against him by reason of any act, or omission, of the said Contractor, his agents or employees in the execution of the work. The Contractor shall maintain and pay for such insurance as will 'Protect the Owner from its contingent liability under the Contract and a co'Py of such insurance policy shall be deposited with the Owner. The Owner shall be named as co-insured on all policies. f. Compliance with Laws and.Regulations. The Contractor shall keep himself informed of all laws, ordinances, and regulations in any manner affecting those employed on the work, or the materials used in the work, or in any way affecting the conduct of the work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times himself observe and comply with, and shall require all his agents, employees, and subcontractors to observe and comply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may become effective before completion of this contract: and shall protect and indemnify the Owner against any claim of liability arising from or based upon the violation of any such laws, ordinance, regulation, order, or decree, whether by himself, his employees, or his subcontractors. Unless otherwise explicitly provided in these specifications, all permits, and licenses necessary to the prosecution of the work shall be secured by the Contractor at`hisown exoense, and he shall pay all taxes properly assessed against his equipment or Property used in connection with the work. GC -14 Construction Facilities. a. Water. The Contractor shall provide and maintain at his • expense an adequate supply of water of quality suitable. for the required construction and domestic use. GC 12 • b. Power. The Contractor shall make his own arrangements for power, and shall pay for all power, and installation thereof, required for construction purposes. C. Telephone. Any telephone facilities which the Contractor may instal it 'n connection with the work shall be made available for use of the Engineer or his representatives without charge, except that any toll charges incurred by the Engineer shall be paid by the Engineer. d. Storage. The Contractor shall be responsible for the storage of all materials, equipment and so on, which are used in the work. All materials, equipment and articles at the site shall be adequately housed by the Contractor or otherwise protected by him against deterioration and damage. If any materials stored at the site or any partially completed structure are not adeauately pro- tected by the Contractor, the material or the partially completed structure may be kept protected by the Owner at the expense of the Contractor. All cost incurred through the failure to provide Dro- tection shall be borne by the Contractor during the course of the work. e. Transportation Facilities. The Contractor shall investi- gate the availability of transportation facilities and shall make all arrangements necessary for the delivery of materials to be used on the work. The Contractor shall make his own investigation on • the condition of available public roads, access rights-of-way, and of restrictions, bridge load limits and other limitations affecting transportation and ingress and egress at the site of the work. • f. Dust Control. The Contractor shall maintain dust control in connection with all operations by applying water, as directed by the Engineer and in accordance with the applicable provisions of the Detail Specifications. Failure of the Contractor to comply with directions of the Engineer in effecting methods of dust control or during time of adverse weather conditions over which Contractor has no control shall be cause for the Engineer to direct the Contractor to halt his operations until such conditions have been abated. g. Sanitation. The Contractor shall provide temporary chemical toilet facilities for the use of all workmen. The toilet building shall be maintained in a sanitary condition at all times and at the completion of construction shall be removed from the site. Pit -type privies shall not be used. The Contractor shall supply pure, cool dringing water with individual drinking cups or a sanitary bubbler fountain. GC 13 • h. Safet Measures and Public Convenience. The Contractor shall provide for the protection of alT property at all times. The Contractor shall comply with the recommendations for safe construction methods from the "Manual of Accident Prevention in Construction," published by the Associated General Contractors of America, Inc., to the extent that such provisions do not conflict with the applicable laws. Machinery and equipment shall be guarded in accordance with the requirements of the "Manual of Accident Prevention in Construction," published by the Associated General Contractors of America, Inc., to the extent that such provisions do not conflict with the applicable laws. The Contractor shall take all necessary measures to 'protect the work and prevent accidents during the construction. He shall provide and maintain sufficient night lights, barricades, guards, temporary sidewalks, temporary bridges, danger signals, watchmen, and necessary appliances and safeguards to properly safeguard life and property. fie shall also protect all excavations, equipment and materials with barricades and danger signals so that the public will not be endangered. The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to traffic, and he shall have under construction no greater amount of work than he can handle properly with due regard to the rights of the public. . Where existing streets are not available as detours, all traffic shall be permitted to pass through the work with as little delay and inconvenience as possible, unless otherwise authorized by the Enqineer. The Contractor shall be responsible for all damage or injury which may be caused on any property by trespass by the Contractor or his employees in the course of their employment, whether the said trespass was committed with or without the consent or knowledge of the Contractor. i. Representatives for Emergencies. The Contractor shall file with the Engineer, the names, addresses, and telephone numbers of representatives who can be contacted, at any time, in case of emergency. The representatives must be fully authorized and equipped to correct unsafe or excessively inconvenient conditions on short notice. GC -15. Superintendence and Labor Competency. Whenever the Contractor is not present on any part of the work where it may be desired to give direction, orders qiven by the Engineer shall be received and obeyed by the superintendent or foreman as authorized representative who may be in charge of the work. Any order given by the Engineer not otherwise required to be in writing by the speci- fications, will, on request of the Contractor, be given or confirmed in writing. An authorized representative of the Contractor shall be • at the site of the work during working hours. GC 14 • All superintendents and foremen shall be English-speaking. Any superintendent, foreman, laborer, or other person employed on the work by the Contractor, who fails or refuses to perform the work in the manner specified herein, shall be discharged immediately and such person shall not again be employed on the work. When re- quired in writing by the Engineer, the Contractor or any subcon- tractor shall discharge any person who is, in the opinion of the Engineer, incompetent, unfaithful, disorderly, or otherwise unsatis- factory. Such discharge shall not be the basis of any claim for compensation or damages against the Owner. GC -16. Work Site Maintenance. a. Access to Property Adjacent Work. Convenience of abutting owners along the street shall be provided for as far as practicable. Convenient access to driveways, houses and buildings adjoining the work shall be maintained and temporary approaches to intersection streets and alleys shall be provided and kept in good condition. When a section of surfacing, pavement, or a structure has been com- pleted, it shall be opened for use to traffic at the request of the Engineer. In order that unnecessary delay to the traveling public may be avoided, the Contractor, when so ordered by the Engineer, shall provide competent flagmen whose sole duty shall consist of directing traffic either through or around the work. • b. Water Hydrants and Utility Valves. The Contractor shall not prevent the free access to water valves, water hvdrants, or gas valves. C. Rights of Access. The Contractor shall at all times provide proper facilities for access and inspection of the work by the Engineer, his assistants, inspectors, agents and representatives of public agencies having ,jurisdiction. GC -17. Use of Explosives. The Contractor shall keep himself informed of all state and city laws, ordinances, and regulations governing the transportation, storaqe,and use of explosives. The Contractor shall use the utmost care not to endanger life and Pro- perty. The Contractor shall be responsible for any and all damage resulting from the use of explosives. No blasting shall be done which will damage subsurface conduits or structures; in no case shall blasting be done within ten feet of any subsurface installation without the prior approval of the Owner of the subsurface installation. GC -18. Schedule of Operations. At the time of execution of the contract, the Contractor shall submit to the Engineer on a chart form, a schedule of operations giving the estimated late that each part or branch of the work will be started and completed. Schedules shall conform to the work and time set forth in the agree- ment and shall be subject to the approval and/or modification by the • Engineer. GC 15 • When in the judgement of the Engineer, it becomes necessary to accelerate or change the work, the Contractor, when ordered, shall cease work for any particular type and concentrate his forces at such other point or points as directed and execute such portions of his work as may be required to enable others to hasten and properly engage and carry on their work. GC -19. Contractor's Breakdown Estimate. The Contractor shall prepare, and submit to the Engineer for approval, a breakdown esti- mate covering each lump sum item. The sum of the items listed in the breakdown estimate shall equal the contract lump sum price or prices. An unbalanced breakdown estimate, providing for overpayment of the Contractor on items of work which would be performed first, will not be accepted. The breakdown estimate shall be approved by the Engineer before any partial payment estimate is prepared. GC -20. Drawinqs and Data to be Furnished by the Contractor. Shop drawings shall be submitted by the Contractor to the Engineer as called for in the specifications, including but not restricted to, reinforcing steel placement and bending diagrams, shop drawings for structural steel and miscellaneous iron work, and drawings for other work for which the Engineer's approval is required. A minimum of six (6) copies of all drawings shall be submitted to the Engineer for approval, three (3) of which will be retained • by the Engineer. The remaining drawings, approved or corrected will be returned to the Contractor. 0 Approval of shop and working drawing shall indicate only that such drawings generally express the intent of the contract documents and shall not be construed as a complete check. Approval of drawings shall not relieve the Contractor of the responsiblity of furnishing all materials and work required by and conforming to the plans and specifications. Approval of shop drawings shall, in addition, not relieve the Contractor of the responsibility of accuracy of dimensions, provisions of adequate connections and the proper fitting of the work in the completed construction. Prior to submittal the Contractor shall check the shop drawings prepared by subcontractors for accuracy and completeness, especially that the relation to adjoining work is accurately shown. Approval of shop drawings does not authorize any substitution of material or other departure from the requirements of the Contract Documents. Requests for such changes shall be made the subject of separate correspondence. Shop drawings shall be submitted at such time as will permit the Engineer not less than ten(10) days for checking. GC 16 • GC -21 Final Conditions of Work. Before application is made for the owner to accept the work, all items of work shall be complete, ready to operate and in a clean condition. All trash, debris, unused building material and temporary structures shall have been removed from the site of the work. The walkways, parking areas and roadways shall be completely swept and broomed. GC -22 Control of Work The Engineer shall have the general supervision and direction of the work. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. He shall have authority to reject any work or materials which do not conform to the contract documents, to direct the application of forces to such portions of the work as in his judgement is required, to order the force increased or diminished, to direct the sequence of the work, and to decide questions which arise in the execution of the work. GC -23 Lines and Grades, Setting Stakes. The Contractor shall give two working days notice in writing when he will require the services of the Engineer for laying out any portion of the work. Elevations shown for the various parts of the work refer to the Datum Bench Mark, which will be established by the Engineer near the site. The Engineer shall establish the necessary base lines and grades at the surface of the ground and at convenient locations for the construction of the work. The base line for pipe line construction • will be parallel with and off -set from the proposed pipe line. From the established base lines and grades the Contractor shall extend the necessary lines and grades for construction of the work and shall be responsible for the correctness of same. The Contractor shall preserve all stakes set for lines, grades, or measurements of the work in their proper places until authorized to move them by the Engineer.. Any expense incurred in replacing said stakes which the Contractor may have failed to preserve shall be borne by the Con- tractor. Three consecutive points set on the same slope shall be used together in order that any variation from a straight grade can be detected. If any such variation is found, it shall be re- ported to the Engineer. In the absence of such report, the Con- tractor shall be responsible for any error in the grade of the finished work. Prior to any request for construction stakes, the Contractor shall have all utility lines located and marked in the field and shall have all rights-of-way cleared and graded and ready for con- struction activities. GC -24 Inspection. The Owner shall provide inspection for all work to be performed under the Contract. All materials and work shall be performed only in the presence of the Engineer or his GC 17 • authorized inspector and any work done in the absence of said Engineer or authorized inspector shall be subject to rejection. The Contractor shall notify the Owner and Engineer two working days in advance of any work to be done, in order that inspection services may be provided. GC -25. Materials and Workmanship. Unless otherwise specified all materials incorporated in the permanent work shall be new. Materials not otnerwise designated by detailed specifications shall be of the best commercial quality and suitable for the purpose in- tended. All workmanship shall be in conformance with the best trade practices. Particular attention shall be given to the appearance of exposed work. Any work or workmanship not conforming to the best practices shall be subject to rejection. GC -26 Guarantees. The Contractor shall guarantee all parts of the work against defective materials or workmanship furnished by the Contractor for a period of one (1) year from the date of completion of the contract. GC -21 Attorney Fees. If an action is commenced in a court of competent jurisdiction in which the parties hereto are parties, and if as a result of such action, the Owner is afforded any relief, • the Owner shall be entitled to its reasonable attorney fees as fixed by the Court. F, 1 LJ GC 18 DETAILED SPECIFICATIONS • SECTION 1 GENERAL G-1 General Description of Work The work to be done, in general, consists of the following: The clearing and grubbing, removal of obstructions, excavation construction of and capping of asphalt concrete pavement, concrete curb and gutters, concrete sidewalks, drive approaches, drainage structures, and furnishing materials and labor necessary to perform said work and to complete same. G-2 State Standard Specifications: The work embraced herein shall be done in accordance with the appropriate provisions of Sections 10 to 95 inclusive, of the speci- fications entitled. "STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS, STANDARD SPECIFICATIONS, JANUARY, 1969," insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, the General Provisions and these Special Provisions. Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: DEPARTMENT OF PUBLIC WORKS, OR DIVISION OF HIGHWAYS - The Engineer DIRECTOR OF PUBLIC WORKS - The Engineer ENGINEER - The Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. LABORATORY - The designated laboratory authorized by the Engineer to test materials and work involved in the contract. STATE - City of San Juan Capistrano Other terms appearing in the Standard Specifications, the General Provisions, and these Special Provisions, shall have the intent and meaning specified in Section I, Definition of Terms of the Standard Specifications. In case of conflict between the Standard Specifications and these Special Provisions, the herein Special Provisions shall take precedence over and be used in lieu of such conflicting portions. DS 1 • G-3 Order of Work: A contract has been let to lower the existing water line. The water line contract allows the Contractor twenty (20) days to lower the existing line from stations 130 + 75 to 142 + 25 after rough grading by this contract. This roughed grading shall be completed within thirty (30) days of the contract date. Once the water lines are installed the Contractor shall proceed to complete the street section as rapidly as possible. The Contractor shall show proof of ordering all storm drain pipe within fifteen (15) days of award of contract. G-4 Pre -Construction Coordination Meeting: Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor and the Engineer. The pur- pose of this meeting is to coordinate the activities of the Contrac- tor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contrac- tor will be required to submit a complete schedule showing the number of working days required to complete each phase of the project. G-5 Dust Control: • Dust control shall conform to Section 10 of the Standard Specification. Payment for water shall be included in other items and no additional compensation will be allowed. 0 G-6 Adjusting Manholes and Water Valve Boxes to Grade: Adjusting manholes to grade shall conform to the provisions in Sections 15 and 71 of the Standard Specifications and these Special Provisions. Existing manholes shall be adjusted to grade with materials of the same kind or quality as those in the original structures and in accordance with the Standard Specifications. After manhole frames have been removed, the tops of each struc- tures shall be carefully trimmed to provide a suitable foundation for the new material. If, when the manholes are lowered, it is determined that there will not be sufficient bearing, in the opinion of the Engineer, be- tween the ring and the remaining brick structure, two steel bars, not less than 1" by 3" shall be placed in such a way as to properly support the ring will be covered with masonry in the normal fashion. DS 2 G-6 Adjusting Manholes and Water Valve Boxes to Grade - continued: • Manhole frames shall be set to the grade of the new surface after the sur- facing has been placed. The area around the frame and cover shall be filled with paving materials, the surface of which shall conform with the grade of the finished surface. Manholes in areas of A.C. resurfacing may be adjusted by the method outlined above or, at the Contractor's option, by adding approved type metal manhole frame rings as directed by the Engineer. Manholes and lines must be cleaned if any debris is dropped into manhole. The contract unit price paid per each for adjusting sewer manholes and water valve boxes to grade shall include full compensation for furnishing all labor, materials, tools and equipment, and doing all the work involved in adjusting the manholes and water valve boxes as above specified, including all excavation, back- fill,- replacement of pavement sections and protective coating, if necessary, and no additional compensation will be allowed theref6r. G-7 Clearing and Grubbing. Clearing and grubbing shall conform to the provisions of Sections 15 and 16 of the Standard Specifications and these detailed specifications. Clearing, grubbing, removal of obstructions and relocation of existing • facilities, will be paid for at the contract lump -sum price, which price shall in- clude full compensation for furnishing all labor, materials, tools, equipment and doing all work involved in clearing, grubbing, removal of obstructions, relocation of existing facilities, sawcutting, including removal of trees, shrubs, fences, pipes, berms, structures, or any other items within the limits of the work which conflict with the construction. It is anticipated that facilities of the various utilities will be removed, relocated, reconstructed, or otherwise adjusted to the proposed construction, by said utility companies at their own expense, prior to or during construction. All joint in Portland cement concrete and asphalt concrete shall be sawcut to a true line. The joins shall be protected during the period prior to replacing the adjacent material. If the join becomes frayed, broken or otherwise damaged, the join will be re-sawcut as directed by the Engineer prior to placing adjacent material. Section 1601.07 of the Standard Specifications concerning adjustment of lump -sum price shall be deleted. Asphalt concrete paving removal shall be paid for as excavation. G-8 Signs and Markers: Signes and markers shall conform to Sections 56 and 82 of the Standard Specifications and these Special Provisions. • Types and locations shall be as specified in the "Standard Street and High- way Plans" of the County of Orange. DS 3 • G-8 Signs and Markers - continued: Payment for signs and markers shall be made at the contract unit price per each which price shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in placing signes and markers. G-9 Mcnuments: Monuments shall conform to Section 81 of the Standard Specifications and these Special Provisions. Monuments shall be as shorn on the plans. The contract unit price for monuments shall include full compensation for furnishing all labor, materials (except disks for survey monuments) tools, equipment, and incidentals, and for doing all the work involved in furnishing and installing the monuments, complete in place, including excavating and backfilling holes, and disposing of surplus excavated material. G-10 Rock Slope Protection: Rock slope protection shall conform to Section 72 of the Standard Specifications and these Special Provisions. Rock slope protection shall be Class "Light" and installed by Method "B • placement. Locations and amounts shall be as directed by the Engineer. Payment for rock slope protection will be per ton, which price shall include full compensation for furnishing all labor materials, tools, equipment, incidentals, and doing all work involved in placing the rock slope protection. DS 4 SECTION 2 EARTHWORK • 2-01. General. The Standard Specifications herein referred to shall be State of California, Division of Highways Standard Specifications, dated January,1969. 2-02. Earthwork. Earthwork shall conform to the provisions in Section 19 of the Standard Specifications and these Special Provisions. 2-03. Subgrade Preparation. Subgrade preparation shall conform to the provisions in Section 19-1.03 of the Standard Speci fications, except the subgrade within 0.5 foot below the grading plane shall be compacted to a relative compaction of not less than 90 percent in lieu of the 95 percent specified in Section 19-1.03 of the Standard Specifications. 2-04. Roadway Excavation. Roadway excavation shall conform to the provisions of Section 19-2 of the Standard Specifications and these Special Provisions. 2-05. Unsuitable Material. Removal and disposal of unsuit- able material will be paid for at the contract price for roadway excavation. No compensation for extra work will be allowed for work performed as specified in Section 19-2.02 of the Standard Specifi- cations. • 2-06. Slopes. Rounding of the tops of excavation slopes and the ends of excavations will not be required. 2-07. Sur 'us Material. It is estimated that there may be surplus excavation whit s hall become the property of the contractor under Alternate "B" only and shall be disposed of outside the highway right-of-way in accordance with the provisions in Section 7-1.13 of the Standard Specifications. 2-08. Structure Excavation and Backfill. Structure excavation and backfill shall conform to the provisions of Section 19-3 of the Standard Specifications and these Special Provisions. The sand equivalent value for structure backfill specified in Section 19-3.06 of the Standard Specifications will not be required. The relative compaction of structure backfill shall be 90% in lieu of the 95% specified in Section 19-3.06 of the Standard Specifica- tions. (Use when there are no bridges in the contract.) Payment for structure excavation and backfill shall be included in the contract price for each item requiring excavation. 2-09. Ditch Excavation. Ditch excavation shall conform to the provisions of Section 19-4 fo the Standard Specifications. Pay- ment will be made at the contract price for excavation. • 2-10. Basement Material. The provisions in Section 19-5.02, 19-5.03, and 19-5.04 of t e tandard Specifications are supersdded by the following: E 1 • When the original ground within 0.5 foot of the grading plane and for a width equal to the width of the grading plane has a relative compaction of less than 90 percent, the subgrade shall be prepared and compacted in accordance with the provisions of Section 19-1.03 of the Standard Specifications except that the relative compaction shall be at least 90 percent in lieu of the 95 percent specified. U When the original ground in the shoulder areas within 0.5 foot of finished grade has a relative compaction of not less than 90 percent, said areas shall be compacted to a relative compaction of not less than 90 percent. Compacting original ground in shoulder areas to be paid for will be the actual areas ordered compacted, measured by the square yard. 2-11. Embankment Construction. Embankment construction shall conform to Section 19-6 of the Standard Specifications and these Special Provisions. The relative compaction of all embankment areas including shoulder areas shall be not less than 90 percent, in lieu of the provisions in Section 19-6.02 of the Standard Specifications requiring not less than 95 percent relative compaction within 2.5 feet of finished grade. 2-12. Borrow Excavation. Borrow excavation shall conform to the provisions of Section 19-7 of the Standard Specifications and these Special Provisions. 2-13. Finishing Roadway. Finishing roadway shall conform to the provisions of Section 22 of the Standard Specifications and no separate payment will be made for finishing roadway. 2-14. Aggregate Subbase. Aggregate subbase shall be Class 4 and shall conform to the provisions in Section 25, "Aggregate Subbases," of the Standard Specifications and these Special Pro- visions. The percentage composition by weight of Class 4 aggregate subbase material shall conform to the following grading when de- termined by Test Method No. Calif. 202. Sieve Size Percentage Passing Class 4 2" 100 No. 4 60-100 No. 200 0-25 E 2 0 Class 4 aggregate subbase shall also conform to the quality requirements shown in the following table: Tests Resistance (R -Value) Sand Equivalent Test Method No. Calif. 301 217 Requirements 55 Min. 20 Min. The R -Value requirement will not be waived as provided in Section 25-1.02A of the Standard Specifications. 2-15. The Contractor may elect to supply Class 5 aggregate subbase by processing the asphalt concrete that is to be removed from the existing roadway. The processed material shall be well graded and shall conform to the following grading when determined by Test Method No. Calif. 202. Sieve Size Percentage Passing 2" 100 No. 4 25-100 No. 200 0-25 • The material shall also conform to the quality requirements for Class 4 aggregate subbase. U 2-16. The quantity of existing material available for processing as Class 5 aggregate subbase will be insufficient to satisfy entire job requirements. 2-17. Regardless of the class of aggregate subbase supplied under the provisions in this section, payment for all such aggregate subbase will be made as Class 4 aggregate subbase. 2-18. The quantity of aggregate subbase will be measured by the cubic yard. The volume to be paid for will be calculated on the basi.s of the dimensions shown on the plans adjusted by the amount of any change ordered by the Engineer. No allowance will be made for aggregate subbase placed outside said dimensions unless ordered by the Engineer 2-19. Aggregate Base. Class 3 aggregate base shall conform to the provisions for Class 2 aggregate base 1.1/2" maximum as specified in Section 26 of the Standard Specifications and these Special Provisions. E 3 • At least 65 percent, by weight, of the material retained on the No. 4 sieve shall have at least one fractured face as deter- mined by Test Method No. Calif. 205. Class 1 aggregate base, 3/4" maximum size, conforming to the requirements of Section 26-1.02A of the Standard Specifications, modified as follows, may be substituted for Class 3 aggregate base as specified above: Sieve Size Percentage Passing Sieve 1.1/2" 100 3/4" 90-100 No. 4 35-55 30 10-30 200 2-9 • Sand equivalent by Test Method No. Calif. 217 shall be 40 minimum. At the discretion of the Engineer, the R -Value requirement may be waived as provided in Section 26-1.02A and B of the Standard Specifications. The provisions of Section 26-1.035 of the Standard Specifica- tions are superseded by the following: At the time aggregate base is spread, it may have a moisture content sufficient to obtain the required compaction. Such mosture shall be uniformly distributed throughout the material. In lieu of the spreading requirements specified in Section 26, aggregate base materail shall be spread upon prepared subgrade by means of approved spreading devised which will deposit a uniform windrow or layer, and after spreading as specified above, the material shall be shaped to the requirements of Section 26 of the Standard Specifications. Motor graders may be used for the afore- mentioned shaping. Tailgate spreading by dump trucks of the ma- terial will not be permitted except for spot dumping and in areas not readily accesible to approved spreading devices. 2-20. Payment. Payment for earthwork,aggregate subbase, and aggregate base and for conforming to all of the provisions of these specifications shall be considered to be included in the contract unit or lump sum prices paid for the various items of work and no additional allowances will be made therefore. E 4 SECTION 3 • ASPHALT CONCRETE PAVING 3-01. Asphalt Concrete. Asphalt concrete shall be Tyoe B and shall conform to the provisions of Section 39 of the Standard Specifications, State of Calif., Division of Highways, dated January 1969, and these Special Provisions. The penetration range of paving asphalt will be Grade 85-100. The amount of asphalt binder to be mixed with the mineral aggre- gate shall be between 3 percent and 7 percent by weight of the dry mineral aggregate. The exact amount of asphalt binder to be mixed with the mineral aggregate will be determined by the Engineer. The provisions in Sections 39-2.04A and 39-2.048 of the Standard Specifications are superseded by the following: 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. Calif. 205. Aggregate grading requirements for base course may be either 3/4" Maximum (Coarse) or base course as specified in Section 39-2.02 of the Standard Specifications. • The base course mixture shall be placed on the prepared sub - grade by means of approved spreading devices which will deposit a uniform windrow or layer, and shall be spread and shaped with motor graders. The use of asphalt pavers for laying the base course mixture shall not be permitted. (Delete when paving is minor). 0 Each lane of the top course (surface course) shall be placed continuously between terminals as directed by the Engineer. Rolling equipment shall conform to the provisions of Sections 39-5.02, 39-5.03 and 39-6.03 of the Standard Specifications, except 3 -wheel rollers shall not be permitted and pneumatic rollers shall be used on base courses only. The miscellaneous areas to be paid for at the contract price per ton for placing asphalt concrete, shall include ditches, spill- ways, aprons, ends of drainage structures, driveways, patching, island areas, and overside drains. 3-02. Paint Binder and Sealcoat. Paint binder (tack coat) shall be SSI type asphaltic emulsion with a bituminous base grade of 60-70 paving asphalt, except where directed by the Engineer to use another grade. AC 1 • The seal coat shall be fog and shall conform to the provi- sions of Section 37-1 of the Standard Specifications of the County of Orange. The bituminous binder shall be mixing type asphaltic emulsion with a bituminous base of grade 60-70 paving asphalt and shall be applied at the rate as specified by the Engineer. 3-03. Prime Coat. Prime coat shall be liquid asphalt grade SC -250 unless directed otherwise by the Engineer. (Instr. to Writer) Use the following specifications for local streets; if base course is required, add a pneumatic -tired roller. (Instr. to Writer) When Engineer's estimate is 1,000 tons or less, Section 39-5.03 C should be deleted. 3-04. Treated Shoulder. Treated shoulder shall consist of road -mixed asphalt surfacing, Road mixed asphalt surfacing shall conform to the provisions in Section 38, "Road -Mixed Asphalt Sur- facing," of the Standard Specifications and these special provisions. Bituminous binder shall be MC 250 Aggregate shall be in place native material. Aggregate shall consist of material in place on the roadbed • as provided in Section 38-2.02, "Aggregate," of the Standard Speci- fications, except that no compensation for extra work will be allowed for work performed as specified in Section 38-2.02 of the Standard Specifications. In lieu of the 3% allowable moisture specified in Section 38-4.03, "Applying Bituminous Binder," of the Standard Snecifications moisture shall be within 5% of the mixing moisture as established by the Engineer. In lieu of the requirements of Section 38-3.01 "Subgrade" a prepared subgrade under the oil treated material will not be required. Prime coat and paint binder are not required. Motor graders shall not be used for mixing. Prior to mixing, windrows of material shall be shaped to a uniform cross-section by means of a sizing device. Use of a motor grader for this purpose will not be permitted unless equipped with a sizing devise. The windrow will be shaped in the shoulder area unless otherwise approved by the Engineer. AC 2 • The road mixing machine shall make a minimum of three complete passes in mixing the bituminous binder with the aggregate. After mixing operations are completed, the mixture shall be soread and compacted within 54 hours. The asphalt surfacing mixture may, at the option of the Contractor, be spread in one layer. At the time of compaction, moisture shall be within the range for optimum density as determined by the Engineer. After material has been spread, the initial rolling may be with either pneumatic -tired or steel tired rollers. The final rolling shall be done with a pneumatic -tired tandem roller. • • 3-05. Payment. Payment for asphalt concrete, paint binder and sealcoat, prime coat and treated shoulder and for conforming to all of the provisions of these specifications shall be considered to be included in the contract unit or lump sum prices paid for the various items of work and no additional allowances will be made therefore. Payment for asphalt concrete used in patching shall be made at the contract price for asphalt concrete. Redwood screeds for asphalt concrete driveways shall be included in the price for asphalt concrete driveways. AC 3 SECTION 4 • PORTLAND CEMENT CONCRETE 4-01. General. The Contractor shall place and construct Portland cement concrete curb, gutter, sidewalks, junction chamber, curb inlets, manholes, manhole bases, and other works and appurtenan- ces involving concrete where shown on the Plans and/or called for in these Specifcations. 4-02. Materials and Workmanshi All concrete construction shall conform to the provisions of Sections 51,73, and 90 of the "Standard Specifications", State of California Division of Highways, dated January, 1969, except as herein modified. a. Cement: All Portland cement shall be Type II. b. Description:. Class A concrete shall contain 564 pounds (6 sacks) of ort and cement per cubic yard. Class B concrete shall contain 470 pounds (5 sacks) of Port and cement per cubic yard. • Class C concrete shall contain 376 pounds (4 sacks) of ort and cement per cubic yard. Class D concrete shall contain 658 pounds (7 sacks) of Portland cement per cubic yard. c. Concrete Design and Materials: The Contractor shall sub- mit to the Engineer for approval the design of the mix proposed for use. Said mix design shall set forth weights of cement, sand, coarse aggregate and water to be used together with a grading ana- lysis of sand and coarse aggregate. The source of supply of all materials entering into the mix shall also be given. The mix de- sign and materials shall be approved by the Engineer prior to placing any concrete. d. Reinforcing: Where reinforce concrete is required as shown on t e P ans or specified herein, reinforcing steel conforming to the applicable provisions of the "State Specifications" shall be furnished and installed. 4-03. Payment. Payment for Portland cement concrete rein- forcing, steel, metal frames, covers, grates, and for conforming to all of the provisions of these Specifications shall be considered to be included in the contract unit or lump sum prices paid for the various items of work and no additional allowance will be made there- for. PC 1 0 0 SECTION 5 FORCED CONCRETE PIPE 5-01. General. The Contractor shall place and construct reinforced concrete pipe and appurtenances where shown on the plans and/or called for in these specifications. 5-02. Materials and Workmanship. All reinforced concrete pipe shall conform to the provisions of Section 65 of the Standard Specifications, State of California, Division of Highways, dated January 1969. Pipe class and "D" load shall be as shown on the construction plans. 5-03. Payment. Payment for reinforced concrete pipe collars. Excavation, backfiTl, any necessary shoring and all appurtenances conforming to all of the provisions of these specifications shall be considered to be included in the contract unit or lump sum prices paid for the various items of work and no additional allowance will be made therefor. FINE • SECTION 6 40 40 CORRUGATED METAL PIPE 6-01. General. The Contractor shall place and construct corrugated metal pipe and appurtenances where shown on the plans and/or called for in these specifications. 6-02. Materials and Workmanshi All corrugated metal pipe shall conform to the provisions of ection 66 of the Standard Specifications, State.of California,'Division of Highways, dated January, 1969. 6-03. Payment. Payment for corrugated metal pipe, excava- tion, backfill any shoring, and appurtenances conforming to all of the provisions of these specifications shall be considered to be in- cluded in the contract unit or lump sum prices paid for the various items of work and no additional allowance will be made therefor. CMP 1 0 SECTION 7 ASBESTOS -CEMENT PIPE 7-01. General. Pipe and fittings shall conform to the specifi- cations for asbestos -cement pipe and fittings. Pressure Class 150 or Class 200, as designated on the plans. 7-02. Asbestos -cement Pine a. General - Where water mains shall be asbestos -cement, installation shall include all pipe fittings and thrust blocks, valves, and other service facilities and shall be installed as spe- cified hereinafter. All pipe shall be carefully handled and stored to prevent damage and contamination. Fittings for asbestos -cement pipe, including tees, crosses, plugs, bends, and adapters shall be cast-iron. Other fittings, as required shall be provided for the various types of pipe connections as indicated and as hereinafter specified. b. Quality - Asbestos -cement pipe shall be of the class shown on the plans, as manufactured by Johns -Manville Company, or approved equal. Each length of pipe and each coupling sleeve shall be tested to a hydrostatic pressure equal to four times the recommended • maximum operating pressure. C. Couplings and Adapters - Couplings or sleeves shall be of a type recommended by the manufacturer of the pipe furnished. Adapters shall be of a type approved for this particular work by the pipe manufacturer, and the Engineer. d. Cast -Iron Fittings - Cast-iron fittings shall conform to the specfications of the American Standards Association A21.10-1952. They shall be of the type required for the type of pipe used, and shall be cement mortar lined in accordance with Section III B-6 of these specifications. Bell ends of fittings for use with asbestos -cement pipe shall be cast or machined to meet the dimensions and tolerances recommended by the manufacturer of the pipe approved for use on the project. The ring groove and all interior surfaces of the bell shall be smooth and free from ridges, notches or uneven surfaces. e. Laying Pipe - Pipe of the various types and sizes indicated shall be furnished and installed in accordance with the drawings. Proper and suitable tools and appliances for the safe and convenient handling and laying of the pipes and special fittings shall be used. All pieces shall be carefully examined for defects • and no piece shall be laid which is known to be defective. If any defective piece should be discovered after having been laid, it shall be removed and replaced with a sound one in a satisfactory ACP 1 • manner by the Contractor at his own expense. The pipes and special fittings shall be thoroughly cleaned before they are laid, shall be kept clean until they are accepted in the completed work, and when laid shall conform accurately to the lines and grades given by the Engineer. Open ends shall be plugged when work is stopped for the night of for any other reason. SPECIAL CARE SHALL BE EXERCISED TO AVOID LEAVING BITS OF WOOD, DIRT AND OTHER FOREIGN PARTICLES IN THE PIPE. If any such particles are discovered before the final acceptance of the work, they shall be removed and the pipe, valves and fittings replaced, as required by the Engineer, at the Contractor's expense. • Pipe delivered to the site and subjected to excessive periods of dust or any other objectionable contamination before being placed in the trench shall be cleaned by air hose or other satis- factory method, then swabbed thoroughly with a chlorine solution of a strength satisfactory to the Engineer. The pipe shall then be hosed out with pure water. Where the objectionable contamination might be injurious to health, the pipe so contaminated will be rejected and the Contractor shall remove same from the site. f. Bedding of Pipes shall be on an even grade and of good alignment, with continuous bearing on the bottom of the trench. Excavation shall be made for collars or bells. g. Asbestos -Cement Pipe shall be laid in the trench true to line and grade and sha11 be uniformly and continuously supported upon the bottom of the trench for the entire length of each section. Jointing shall be accomplished by placing the sleeve and rubber ring, or rings, over the exposed end of the last section of the pipe laid; then, placing the section of pipe in place, and pulling the sleeve and rings over the joints by a means approved by the Engineer. The ends of the pipe sections shall be separated by a space of not less than one-eighth (1/8) of an inch, and not more than one-quarter (1/4) of an inch. After the coupling has been pulled into place, the location of the rubber rings shall be checked by a metal gauge. Joints between asbestos -cement pipe and cast-iron or steel pipe shall be made by using Smith -Blair type 431 adapters, flanged coupling adapters, or approved equal. Changes in horizontal and vertical alignment shall be made whenever possible by deflecting the joints a maximum of three degrees (3°). Joints of less than 6'6" shall not be used for this purpose, and machined overall short lengths shall only be used for making closures at fittings and gate valves. Cast-iron fittings shall be used for all bends where a deflection of over three degrees (3°) would be required. ACP 2 0 IJ 0 The pipe shall be well bedded for its entire length between fire hydrants, and/or valves and/or fittings. Ample room shall be left around all fittings and valves for ease in inspection to insure that the fittings and valves do not support the pipe. The Contractor shall back all dead -ends and fittings with concrete as directed by the Engineer. Flanges shall be firmly bolted with machine, stud or tap bolts of the proper size as previously specified. h. Concrete Thrust Blocks of an adequate size and mass shall be poured at all changes of direction of in reduction of size to resist thrust in either direction. The concrete shall be 5 sack mix (2000 psi in 28 days). The thrust blocks shall completely fill the space between the pipe or fitting and the ditch wall. At all bends or angles the concrete shall be poured to the top of the pipe. At all reductions in size of pipe the thrust blocks shall be poured around the smaller pipe for a distance of one (1) foot from the reducing fitting, shall completely encircle the pipe, and shall be poured from wall to wall of the ditch, and to a height of three (3) inches above the top of pipe. i. Payment for contract unit price per complete in place and in including all necessary Asbestos -cement pipe shall be made at the lineal foot for each size pipe constructed accordance with the plans and specifications fittings, thrust blocks and appurtenances. ACP 3 i CITY OF SAN JUAN CAPISTRANO FINAL REPORT FOR IMPROVEMENT OF DEL OBISPO STREET FROM 650 FEET NORTH OF BLUEFIN DRIVE TO TRABUCO CREEK AND FINAL REPORT FOR RIGHT-OF-WAY ACQUISITION A.H.F.P. NO. 540 AND AGREEMENT NO. 671-426 OCTOBERP 1973 PROJECT NO. SJC 0705 CITY OF SAN JUAN CAPISTRANO FINAL REPORT FOR IMPROVEMENT OF DEL OBISPO STREET FROM 650 FEET NORTH OF BLUEFIN DRIVE TO TRABUCO CREEK A.H.F.P. NO. 540 AND AGREEMENT NO. 671-4.26 TYPE OF IMPROVEMENT: WIDENING, REALIGNING, AND RECONSTRUCTING OF ExISTING STREET. DESCRIPTION OF WORK PERFORMED. GRADING, PAVING, CONSTRUCTING CURBS, SIDEWALKS, GUARDRAILS AND DRAINAGE FACILITIES, AND ACQUIRING RIGHT-OF-WAY. LENGTH OF MILES: 1.66 CONTRACTOR: JOHN B. EWLES, INC. P.O. Box 2268 WESTMINSTER, CALIFORNIA 92683 ENGINEER IN CHARGE: GEORGE E. MADSEN, SENIOR PROJECT ENGINEER, RCE 12546 WOODSIDE/KUBOTA & ASSOCIATES, INC. 2415 SOUTH BIRCH STREET SANTA ANA, CALIFORNIA 92707 0 DATE WORK BEGAN: DECEMBER 2, 1971 110 DATE WORK COMPLETED: MAY 18, 1972 TOTAL COST OF PROJECT CONTRACT PAYMENTS . . . . . . . . . . . . . . . . . . . . . . .$257,128.14 UTILITY RELOCATION BY SOUTHERN CALIFORNIA GAS COMPANY . . . . . 685.07 PRELIMINARY CONTRACT ENGINEERING . . . . . . . . . . . . . . . 17,612.00 SURVEYS AND AERIAL PHOTOGRAPHY . . . . . . . . . . . . . . . . 13,957.00 CONSTRUCTION CONTRACT ENGINEERING . . . . . . . . . . . . . . . 5,913.60 BLUEPRINTS) SERVICES AND SUPPLIES . . . . . . . . . . . . . . 594.82 ORANGE COUNTY ROAD DEPARTMENT . . . . . . . . . . . . . . . . . 22,747.55 CITYLABOR . . . . . . . . . . . . . . . . . . . . . . . . . . C-00 WATER COSTS - IN LIEU OF REPLACING TRABUCO WATER LINE . . . . . 9,146.09 STRIPPING . . . . . . . . . . . . . . . . . . . . . . . . . . 1.26�J.78 SUB -TOTAL . . . . . . . . 4329,076.95 RIGHT-OF-WAY COSTS . . . . .$ 29.553.50 TOTAL . . . . . . . . . . .$358,630.45 I, lel, R: fl( Tv p' y i y. ITEM PID_ DESGRIPi 10;: .—. _-A2 t 1Y 1 CLESNIN6 A`iD �,R(I'BBI"d;3�_l no JU ,_ J Uf-ll - i .,U i:CRi 69 147 4 AGGREGATE FRSE ;+3i',.; -7434.`4 ^ S 6 AGGREGATE SUBBASE PRIME GOAT •37 •nn "n" r) .'SA7".51y "i SEAL COAT .nl) 14.`,Z 8 TYPE A-2 CGRB.1x '-TTER 1:.27 1271.82 9 CURB RETURN 1 x -_BUTTER & SPANDREL 11 SIDEWALK 12 P.C.C.DRIVENAY 13 MISC. CONCRETE 14 ASPFIAL-T CONCRETE EERM 1Jt,a 17000.00 M 15 TREATED SHO-LDER 9a .00 995.00 to A. C. DRIVEWAY 00 6�3^6. "r i ROC;, ilTECT iOP: SLOPE PR; ')0 ,4•u'r 272. 5c: 1r�� RCP ,��,.';i _ DN 11LI.�a" 36" RCP 1 54" RCP (13') — D) 34.0.' E[�O�� D) " 11276.67 23 6611 ROP (1551 — D) ��_.��n 10 .4'l ;,2u X (16 GA) `1 ;.' ? 14-'2>.1 z5 CE!vTERL NE .MENTS-i.,l" .:.DEMARKERS 4.>> 1i1,-,9 ADJI ST ' ANHOLES TO ::RADE AD,iUST WATER ',IALVE ! 0X65 .O • .`:1 I .J'.' 1 I°,J. )J '�q RELOCATE STREET S Gr:S 3C CO;APACTED ,LL L, 10 6" 4 13,4. CHANGE ORDER # 1 i;HANGE ORDER # 2 PE-cEf4r OF .. sI' — P$,r� I,.I% ;,Y , i.D ':S' . U,: 4,. . Pd> fE. (.:,! L I h-' CF REF_n;; I'� - i;. S'F.IYPInG - �. OF, AL TY :! 1D EP�--.1 ME i ' fl:Fill CF 'W^Y (4^.i':'._5 w'%, 63- V4 1• li w,7o®©SYDiis/KUBOYiC � G�ocowsaEs, 7T7C. OONYYLTINO �N OIN��NO 308 Wast Third Street . Santa Ana, California 62701 . Phone: (714) 6423987 i�1R. T. J. MEADOWS DIRECTOR OF PUBLIC WORKS CITY OF SAN JUAN CAPISTRANO CITY HALL SAN JUAN CAPISTRANO, CALIFORNIA 92675 FEBRUARY 40 1972 SUBJECT: DEL OBISPO STREET — A.H.F.P. N0. 540 -- CHANGE ORDER N0. 1 DEAR SIR: DURING THE COURSE OF THE SUBJECT PROJECT IT HAS BECOME DESIRABLE OR NECESSARY TO MAKE CHANGES. THE ITEMS ARE LISTED BELOW AND ARE INCLUDED IN CHANGE ORDER N0. 1. 1. ADDED PAVING TO PROVIDE A BUS STOP AT MR. ROMERIS DRIVE AND ADDED WIDTH BETWEEN THE FULL IMPROVEMENT OF THE SEVENTH DAY ADVENTIST CHURCH,AND AGUAOATE ROAD. TOTAL ADDED COST IS $823.08. 2. ADD 77 FEET OF FULL IMPROVEMENT IN ADDITION TO THE APPROVED 283 FEET FOR THE BAPTIST CHURCH. TOTAL COST IS $5,851.53. THE BAPTIST CHURCH WILL PAY $41030.48 AND THE COUNTY HAS AGREED TO INCLUDE THE OTHER $1,821.05 AS THEIR SHARE OF THE STORM DRAIN. 3. ADD 1069 FEET OF ASPHALT BERM TO ELIMINATE RIGHT OF WAY COSTS, EXCAVA— TION AND DRAINAGE DITCHES. ADDED COST IS `1,069.00. SAVINGS INCLUDE RIGHT OF WAY WITH .35.00 IN LAND AND ABOUT $3,000.00 IN DAMAGES, $1,218.00 OF EXCAVATION, AND $10065.25 OF DRAIN PIPE. 4. ADD ONE FOOT OF EXTRA WIDTH TO THE BASE SECTION AS 85QUIESTED BY THE COUNTY. ADDED COST IS $2,420.62. 5. ADD1,7�1O.N OF 1060 TONS OF AGGREGATE BASE MATERIAL DURING RAIN. ADDED COST is $3,108.41. 6. ADD CONCRETE LINED DRAIN DITCH AND DELETE A SECTION OF STORM DRAIN TO ELIMINATE THE NEED TO LOWER A WATER LINE. NO CHANGE IN COST. 7. DELETE 20 FEET OF CURB, GUTTER AND SIDEWALK TO ALLOW FOR A FUTURE DRIVE— WAY. REDUCTION of $106.00. 8. DELETE 16,720 SQUARE FEET OF TREATED SHOULDER WHERE FULL STREET IMPROVE— MENTS HAVE BEEN ADDED. REDUCTION of $636.00 $' - .�', ' C.wnty. Grlsbad __1 i cowwu�we i�-7 � ti wnaiw a w• MR. T. J. MEADOWS FEBRUARY 4, 1972 RE: A.H.F.P. 540 — 0.0. #1 PAGE 2 THEFOLLOWING ITEMS OF EXTRA WORK WERE REQUIRED DUE TO CONDITIONS ARISING DURING CONSTRUCTION OR REQUIRED BY RIGHT OF WAY SETTLEMENTS: 1. REMOVE IRRIGATION LINES WITHIN THE ROADWAY. ADD $294-00- 2. TRENCH FOR GAS SERVICE LINE OUTSIDE OF ROADWAY - A RIGHT OF WAY COST. ADDED COST IS $100.10. 3. REMOVE TIMBER DRAINAGE STRUCTURE IN ROADWAY. ADD $532.91. 4. RELOCATE SEWER LINE FOR THE INSTALLATION OF A STORM DRAIN. ADD $542.75. 5. RELOCATION AND RECONSTRUCTION OF IRRIGATION SYSTEMS, REPLACEMENT OF WATER LINES UNDER THE STREET, RECONSTRUCTION OF DRAIN AND LEACH LINES, ALL AS SPECIFIED IN RIGHT OF WAY SETTLEMENTS. ADDED COST 18 $6,812.60. • IN SUMMARY, CHANGE ORDER NO. 1.INCLUDES THE FOLLOWING AMOUNTS: ADDITIONS TO THE PLANS $13,272.64 DELETIONS FROM THE PLANS — 3,247.25 EXTRA WORK DUE TO RIGHT•OF WAY SETTLEMENTS 6,912.70 EXTRA WORK 1.303.66 S TOTAL NET ADDED COST $18,307.75 THE BAPTIST CHURCH WILL PAY $4,030.45 TOWARDS THE ADDITIONS AND AT LEAST $3,435.00 WAS SAVED IN RIGHT OF WAY COSTS. iT IS OUR RECOMMENDATION THAT THE ABOVE ITEMS BE APPROVED AS CHANGE ORDER NO. 1. VERY TRULY YOURS, JACK Y. KUBOTA, CITY ENGINEER CITY OF SAN JUAN CAPISTRANO BY GEOR,# E. MADSEN SENIOR PROJECT ENGINEER GEM/Po6 9 CITY OF SAN JUAN CAPISTRANO, CALIFORNIA PROJECT: DEL OBISPO STREET - A.H.F'.P. N0. 540 CONTRACTOR: JOHN B. EWLES, INC. CHANCE ORDER No. 1 1. CLEARING AND GRUBBING STA. 145 BAPTIST CHURCH $400.00 ADD 2. EXCAVATION CY COST STA. 145 BAPTIST CHURCH +49 +$29.40 STA. 136 CATHOLIC CHURCH -600 -360.00 STA. 127 ROMER HILL -1015 -609.00 STA. 118 VERMUELEN HOUSE -415 -249.00 11 WIDER BASE +480 +288.00 -1501 -$900.60 DELETE 3. ASPHALT CONCRETE TONS COST STA. 145 BAPTIST CHURCH 54 $405.00 STA. 129 AND 140 Bus STOP t AGUACATE 36o.00 • 102 $765.00 ADD 4. AGGREGATE BASE TONS COST STA. 145 BAPTIST CHURCH 88 $257.84 STA. 129 AND 140 BUS STOP + AGUACATE 81 237.33 RAIN 1060.89 3,108.41 11 WIDER BASE83 4 1,125.12 1,614 $4,728.70 ADD 5. AGGREGATE SUBBASE CY COST STA. 145 BAPTIST CHURCH 73 $237.25 STA. 129 AND 140 BUS STOP t AGUACATE 65 208.65 11 WIDER BASE Z10_ 1,007-50 448 01,453.40 ADD 6. PRIME COAT TONS �,/ COST STA. 145 BAPTIST CHURCH 0.20 $10.00 STA. 129 AND 140 BUS"` STOP + AGUACATE 0.17 _8.50_ 0.37 $18.50 ADD 7. SEAL COAT TONS COST • STA. 145 BAPTIST CHURCH 0.15 $9.90 STA. 129 AND 140 BUS';STOP + AGUACATE 0.13 8_60 0.28 $18.50 ADD CHANGE ORDER NO. 1 CONTINUED (PAGE 2) 8. TYPE A-2 CURB AND GUTTER LF COST STA. 145 BAPTIST CHURCH 77 STA'. 120 COOK -20 -_L5. 20 57 $157.32 ADD 11. SIDEWALK SF COST STA. 145 BAPTIST CHURCH 424 $203.52 STA. 120 COOK -110 -_a.80 f 314 $150.72 ADD 14. A.C. BERM LF COST STA. 127 ROMER 250 $250.00 STA. 136 CATHOLIC CHURCH 302 302.00 STA. 118 VERMUELEN 427 427.00 STA. 140 AGUAGATE ,20 90.00 1069 $1,069.00 ADD 15. TPEATED SHOULDER STA. 77 BOWER DEV. STA. 150 TRACT 7251 STA. 145 BAPTIST CHURCH STA. 142 SEVENTH DAY ADVENTIST LF -1240 - 370 - 80 - 400 -2090 x S = 160720 S.F. -$836.00 DELETE 23. 60, R.C.P. LF STA. 145 BAPTIST CHURCH 77 (COST TO BE SPLIT 50% COUNTY AND 50% BAPTIST CHURCH) COST $3,642.10 ADD 24. 221, x 1311 C.M.P. ARCH PIPE LF COST STAN 116 VERMUELEN -25 .-$361.75 STA. 136 CATHOLIC CHURCH -25 - 361.75 STA. 140 SEVENTH DAY ADVENTIST -91 -361.75 -75 -$1,085.25 DELETE COMPACTED FILL�:AT BAPTIST CHURCH 370 CY t444.00 ADD NET COST TOTAL CHANGES EXTRA WORK • REMOVE IRRIGATION LINE STA. 75 AND 113 LABOR $84.00 + 20% EQUIPMENT $168.00 + 15% $10 0 ADD $100.80 193.20 $294.00 ADD • CHANGE ORDER N0. 1 CONTINUED(PAGE 3) DIG TRENCH FOR, GAS LINE OUTSIDE 0 LABOR $2..00 + 20% $28.80 EQUIPMENT $62.00 + TO 71.30 $100.10 ADD • 0 REMOVE TIMBER DRAINAGE STRUCTURE STA. 106 LABOR $48.00 + 20% $57.60 EQUIPMENT $413.31 + 15% 475-31. $532.91 I..AnD RELOCATE SEWER AND DELAY OF STORM, DRAIN CONSTRUOTION STA. 106 LABOR $114.00.+ 20% $136.80 EQUIPMENT $303.00 + 15% 348.45' MATERIAL $50.00.+ 15% 57.50 . - $542.75 ADD EXTRA WORK SUBTOTAL 6lo469.76 ADD VERMUELEN'S IRRIGATION AND LEACH LINE STA. 113 RIGHT OF WAY EXPENSE.. TOTAL EXTRA WORK TOTAL CHANGE ORDER N0. 1 PREPARE[DD FOR THE CITY ,ENGINEER BY GF�tJyp GE E. MADSEN SENIOR PROJECT ENGINEER FEBRUARY 4, 1972 - i $6,812.60 Ann $8,282.36 ADD $180307.75 ADD OF SAN JUAN CAPISTRANO, CALIFORNIA •C1TY DEL OBISPO STREET — AHFP No. 540 CHANGE ORDER N0. 2 ' CONTRACT WITH JOHN B. EWLES,, INC. MAY 18, 1972 1. ADD 778.5 FEET OF GUARD RAIL AT $x5.90/L.F. FOR A "TOTAL ADDITION OF $4,593.25 2. i ADD 6O FEET OF 1011 IRRIGATION LINE ACCORDING TO RIGHT OF WAY AGREEMENT WITH VERMUELEN AT $.4.10/1-F FOR A TOTAL ADDITION OF 246.00 3. ADD 55 FEET OF 161, SIPHON FOR THE TRASUCO WATER LINE UNDER A STORM DRAIN AT 67.00/1-F FOR A TOTAL ADDITION OF 385.00 L,.. ADD 60 FEET OF POLYVINYLCHLORIDE DRAIN UNDER VERMUELENIB DRIVEWAY ACCORDING TO RIGHT OF WAY AGREEMENT FOR A TOTAL ADDED COST OF 135.03 5. REGRADE THE PRESBYTERIAN CHURCH DRIVEWAY FOR A TOTAL ADDED COST OF 428.80 6. REGRADE THE SHOULDER AT AGUACATE FOR A TOTAL ADDED COST OF. 71.20 • 7. OVERLAY ASPHAL' AT AGUACATE FOR A TOTAL ADDED COST OF 337.18 8. DELETE REDWOOD HEADERS AT DRIVEWAYS, REVISE ONE OS INLET STRUCTURE TO A MODIFIED GRATE INLET, DELETE TWO TRAFFIC SIGNS, ADD A COVER FOR DRAIN WINGWALL, ADD ONE SIDEWALK BARRICADE, AND ADD A TRENCH FOR UNDERGROUND ELECTRICAL SERVICE FOR NO CHANGE IN PRICE. 0.00 TOTAL ADDITIONAL COST FOR CHANGE ORDER N0. 2 $6,196.46 Total Cost of AHFP #540 portion............................$306,659.73 City share according to the administrative agreement.. 80,000,00 Total County Share....................................$226,659.73 Less County Costs ............................... 22,743.55 Less County Payments ............................ 124,868.70 Amount Due from County .......................... 79,047.48 Total Cost of County portion—(Agreement #671-426)......... $11,290,22 Total Due from County • $90.337.70 • CONTRACTORtS PERFORMANCE THE CONTRACTORIS OVERALL PERFORMANCE CAN BE CONSIDERED QUITE GOOD. WORK PROGRESSED AT A RAPID PACE UP UNTIL THE END OF DECEMBERP WHEN AN EXTENSIVE RAIN STORM HIT AT A TIME WHEN A GOOD PORTION OF THE SUBBASE WAS EXPOSED. AFTER PLACING IN EXCESS OF 11000 YARDS OF BASE MATERIAL THE ROAD ACTUALLY HAD TO BE CLOSED,WITH A CONSIDERABLE AMOUNT OF EXTRA WORK BEING REQUIRED TO KEEP DRIVEWAYS OPEN. THERE WERE ALSO PROBLEMS OF UTILITIES BEING IN THE WAY OF NORMAL OPERATIONS THAT COULD NOT BE RELOCATED UNDER THE WET CONDITIONS. CITY FORCES HAD TO ASSIST IN HANDLING SOME OF THE PROBLEMS WITH THE PROPERTY OWNERS. THE CONTRACTOR DID RENT A BUS IN COORDINATION WITH A DAY NURSERY AT THE PRESBYTERIAN CHURCH TO ASSIST IN THE TRANSPORTATION PROBLEM. TOWARDS THE END OF THE PROJECT SOME PHASES OF THE WORK HAD A TENDENCY TO DRAG OUT; HOWEVER, THE CONTRACTOR WAS WELL WITHIN HIS CONTRACT TIME LIMIT. THE CONTRACTOR DID A GOOD • JOB WORKING WITH THE INSPECTOR TO COORDINATE THE WORK WITH THE ADJACENT PROPERTY OWNERS. THERE WERE NUMEROUS IRRIGATION ALTERATIONS NECESSARY TO SATISFY THE NEEDS OF SOME OF THE FARMERS. THE CONTRACTOR'S COOPERATION AND COORDINATION WAS ABOVE THAT USUALLY CONSIDERED. THE CONTRACTORIS CREWS WERE USUALLY SMALL AND, THEREFORE THERE WAS LITTLE WASTED EFFORT. THE MAIN PROBLEM WAS THAT OF TRAFFIC CONTROL DUE TO THE LACK OF APPROPRIATE DETOUR ROUTES. QUALITY OF WORK IN GENERAL, THE OVERALL QUALITY OF WORK CAN BE CONSIDERED QUITE GOOD. THERE WERE A FEW PROBLEM AREAS OF MEETING THE COMPACTION REQUIREMENTS OF THE SUBBASE DUE TO WET SOIL FROM THE RAINS. THE BASIC GRADING AND PAVING OPERATIONS CAN BE CONSIDERED EXCELLENT. THE CONTRACTOR DID TAKE SOME EXTRA EFFORT TO PLEASE THE ADJACENT PROPERTY OWNERS IN REPLACEMENT OF DRIVEWAYS. THE CONCRETE WORK FOR • CURBS GUTTERS AND DRIVEWAYS IS ABOVE AVERAGE. THE QUALITY OF THE STORM DRAIN WORK AND APPURTENANCES CAN BE CONSIDERED AVERAGE 08 ABOVE. • REMARKS EXCAVATION ON THIS PROJECT WAS INCREASED BY ALMOST 1,000 YARDS, DUE TO WIDENING THE BASE SECTION BY ONE FOOT ON EITHER SIDE TO MATCH COUNTY STANDARD%. AND THE REMOVAL OF ADDED EXISTING ROADWAY THAT WAS FOUND TO BE DEFICIENT OF PROPER SECTION. THE ASPHALT CONCRETE WAS INCREASED BY 1,156 TONSO DUE PARTIALLY TO ADDED WORK PAID FOR BY PRIVATE DEVELOPERS THROUGH THE CITY, AND THE ADDED ROADWAY SECTIONS THAT WERE PAVED DUE TO DEFICIENCY OF EXISTING PAVEMENT. THE AGGREGATE BASE WAS INCREASED BY APPROXIMATELY 2,500 TONS OF WHICH MORE THAN 1Y000 TONS WAS USED DURING THE RAINY SPELL IN LATE DECEMBER TO TRY TO KEEP THE ROAD OPENED TO TRAFFIC. THE REMAINING WAS FOR THE ADDED WIDTH REQUIRED BY EXTENDING THE BASE SECTION OUT ONE FOOT ON EITHER SIDE AND IN THE DEFICIENT AREA. SUB -BASE WAS INCREASED BY 2,200 CUBIC YARDS, DUE TO THE INCREASED BASE WIDTHS AND THE ADDED AREAS PAVED. THE AMOUNT OF ASPHALT CONCRETE WAS INCREASED DUE TO ADDED PRIVATE DEVELOPMENTSO DEFICIENT AREAS AND ON THE CURVE AT AGUACATE TO PROVIDE SOME SUPER ELEVATION. ELIMINATION OF SOME OF THE PROPOSED ROAD SIDE DITCHES AND SLOPE EXCAVATION WAS ACCOMPLISHED BY ADDING 678 LINEAL FEET OF ASPHALTIC CONCRETE BERM. THE AREA OF TREATED SHOULDERS WAS DECREASED BY APPROXIMATELY 1700 SQUARE FEET DUE TO THE ADDITION OF DEVELOPMENTS ALONG THE ROADWAY AND A SLIGHT REDUCTION OF WIDTH IN A FEW LOCATIONS. THE AMOUNT OF ASPHALT IN DRIVEWAYS WAS INCREASED BY ABOUT 300 TONS. THIS INCREASE WAS DUE PARTIALLY TO TEMPORARY PAVING OF DRIVEWAYS DURING THE RAIN TO PROVIDE THE NECESSARY ACCESS. IT WAS ALSO NECESSARY IN SOME LOCATIONS TO INCREASE THE THICKNESS TO MATCH THE EXISTING DRIVES, AND ESPECIALLY AT THE PRESBYTERIAN CHURCH TO PROVIDE A CONSIDERABLE AMOUNT OF EXTRA ASPHALT IN ORDER TO SATISFY THE RIGHT-OF-WAY CONDITIONS FOR DRIVEWAY CONSTRUCTION. THE QUANTITY OF CORRUGATED METAL PIPE WAS REDUCED BY 80 LINEAL FEET DUE TO PRIVATE IMPROVEMENTS THAT ELIMINATED THE NEED AND THE REDESIGN THAT CARRIED DRAINAGE OVER THE DRIVEWAYS RATHER THAN UNDER. IN CHANGE ORDER N0. 1 IT WAS NECESSARY TO ADD EXTRA WORK FOR THE REMOVAL OF AN EXISTING IRRIGATION LINE UNDER THE ROADWAY AND THE REMOVAL OF A TIMBER DRAIN THAT HAD BEEN CONSTRUCTED UNDER A ROADSIDE STAND AND WAS NOT INCLUDED ON THE PLANS. IT WAS ALSO NECESSARY TO RELOCATE A SEWER LINE THAT CONFLICTED WITH 0 REMAF4<S — CONT I NED A STORM DRAIN. ALL OTHER COSTS INCLUDED IN CHANGE ORDER N0. 1 WERE FOR THE PURPOSE OF MEETING RIGHT—OF—WAY OBLIGATIONS. CHANGE ORDER NO.2 INCLUDED THE ADDITION OF A GUARD RAILS CONSTRUCTION OF A SYPHON OF THE TRABUCO WATER LINED THE EXTRA WORK NECESSARY TO CONSTRUCT THE PRESBYTERIAN CHURCH DRIVEWAY, THE ADDITION OF ASPHALT ON THE DRIVEWAYS AND CURVE NEAR AGUACATE, AND ADDITIONAL WORK FOR RIGHT—OF—WAY OBLIGATIONS. A PRIVATE IRRIGATION LINE BELONGING TO THE TRABUCO WATER COMPANY EXTENDED THE ENTIRE LENGTH OF THE PROJECT, EITHER IN OR ADJACENT TO THE ROADWAY. THIS LINE WAS IN AN EASEMENT WITH PRIOR RIGHTS. MORE THAN ONE—HALF MILE OF THIS LINE WAS CRUSHED DURING CONSTRUCTION. ONLY ONE PROPERTY WAS SERVED AT THE SOUTH END OF THIS LINE AND THAT BELONGED TO MR. NOBORU IWATA. THIS PROPERTY HAD BEEN PREZONED BY THE CITY OF SAN JUAN CAPISTRANO, ANNEXATION PROCEEDINGS WERE UNDER WAY, AND A TENTATIVE MAP HAD BEEN FfLEDP THEREFORE, THE DECISSION WAS MADE NOT TO REPLACE THE IRRIGATION LINE, BUT FURNISH DOMESTIC WATER THROUGH THE FACILITIES OF ORANGE COUNTY WATERWORKS DISTRICT N0. 4. THE INITIAL BID INCLUDED AN ALTERNATE "Cn FOR 2,000 LINEAL FEET OF CLASS 150 10" ASBESTOS CEMENT PIPE AT $7.88 PER FOOT FOR A TOTAL OF $15,760.00. THE DEVELOPER ANTICIPATED IMMEDIATE CONSTRUCTION OF THE TRACT, BUT NUMEROUS DELAYS HELD BACK DEVELOPMENT, AND THIS IN TURN REQUIRED THE CONTINUED USE OF DOMESTIC WATER TO IRRIGATE CROPS. MR. IWATA PAID THE CITY HIS EQUIVALANT COST FOR THE TRABUCO WATER COMPANY WATER. TOTAL WATER FURNISHED $ 10,693.00 REIMBURSED BY IWATA 1,552.91 TOTAL WATER COST $ 9,140.09 0 . I HEREBY CERTIFY THAT THE ABOVE IS A TRUE AND CORRECT STATEMENT OF THE WORK PERFORMED AND COSTS INCURRED ON THE ABOVE PROJECT. DATE 0 0 JACK Y. KUBOTA, CITY ENGINEER CITY OF SAN JUAN CAPISTRANO BY GEORGE E. MADSEN SENIOR PROJECT ENGINEER fi.. *7� �"�►. r arm s _ j / �..:�-� «.� . � ®� :>�- ��© _ /w°: ° ` - � . : � �»� .��\y��m. ^ � ^ �w\� � � � � � 2 . . � � �� � /�\ \ : \ .� STATION 132 - LOOKING NORTHERLY BEFORE AFTER d STATION 115 - LOOKING NORTHFRI.Y BEFORE AFTER STATION 106 - LOOKING NORTHERLY BEFORE AFTER CITY OF SAN JUAN CAPISTRANO • FINAL REPORT OF RIGHT OF WAY ACQUISITION AHFP NO. 540 AND AGREEMENT NO. 671-4.26 PROJECT No. SJC 0705 • 9 DEL OBISPO STREET FROM 650 FEET NORTH OF BLUE FIN DRIVE TO TRA13UCO CREEK. OFFICIAL RESPONSIBLE FOR ACQUISITION: GEORGE E. MADSEN SENIOR PROJECT ENGINEER WOODSIDE/KUBOTA & ASSOCIATES, INC. TOTAL WIDTH OF STREET RIGHT OF WAY: LENGTH IN MILES: 1.66 DATE WORK BEGAN: DECEMBER 21 1971 DATE WORK COMPLETED: MAY 18, 1972 BUDGETED EXPENDED SURPLUS PAYMENT TO PROPERTY OWNERS TITLE REPORTS RESTORATION OF PROPERTY APPRAISALS ACQUISITION COSTS TOTAL . . . . . . . . . 1041 AND 841 FUNDS AHFP No. 540 $60,000.00 34.123.13 $25,876.87 SUMMARY OF EXPENDITURES AHFP No..540 NUMBER OF PROPERTY OWNER'S LAND WAS ACQUIRED FROM . . . . . . . PERCENTAGE FOR ACQUISITION COSTS AGREEMENT No. 671-426 $4,000.00 2.624.00 $1,376.00 $20,051.00 $1,108.00 960.00 130.00 7,193.63 0.00 1,000.00 250.00 4.918.50 1,136.00 $34,123.13. . . . . $2,624.00 (13). . . . . . . . (3) . . . 81.25%. . . . . . .18.75% A COURT DEPOSIT OF $13,908.00 WAS MADE FOR CONDEMNATION ON SIX PROPERTY OWNERS. ALL PARCELS WERE OBTAINED BY NEGOTIATION AND THE FUNDS WERE RETURNED TO THE CITY. SUMMARY OF RIGHT OF WAY COSTS • APPRAISED TITLE RESTORING PARCEL OWNER VALUE PAID VALUE REPORT IMPROVEMENTS TOTAL COSTS 1 FORESTER 50.00 $ 600.00 $40.00 $ 0.00 $ 90.00 2,3,3A SCALzo 988.00 990.00 40.00 0.00 1,028.00 3-6 HARTIGAN 118.00 120.00 50.00 0.00 168.00 4,9 COOK 876.00 876.00 40.00 0.00 916.00 5,6,7 VERMEULEN 11,664.00 11,670.00 40.00 4,583.60 161287.60 8 VERMEULEN 4,836.00 4,850.00 40.00 2,610.03 7,486.03 10 COOK 4.00 4.00 50.00 0.00 54.00 11 ROMER 0.00* 125.00 50.00 0.00 50.00 12,12A COOK 0.00** --- 50.00 0.00 50.00 13,13A PRESBYTERIAN CHURCH 0.00** --- 40.00 0.00 40.00 14,15 CATHOLIC ARCHBISHOP 650.00 650.00 50.00 0.00 700.00 15A STEWART 0.00* 110.00 62.50 0.00 62.50 16 FALKLAM 0.00* --- 40.00 0.00 40.00 17 RYMER (STEWART- 435.00 435.00 62.50 0.00 497.50 • FORMER OWNER) 0.00 0.00 62.50 0.00 62.50 18 WILLIAMS 430.00 430.00 40.00 0.00 470.00 19 BAPTISH CHURCH 0.00* 200.00 0.00 0.00 0.00 20)21, 22,23 BAPTISH CHURCH 0.00** --- 50.00 0.00 50.00 TOTAL COSTS $20,051.00 --- $807.50 $7,193.63 $34,352.13 * DESIGN CHANGED TO AVOID RIGHT OF WAY *it DEDICATION REQUIRED BY CITY CONDITION 1r 0 0 • PARCELS INVESTIGATED BUT NOT OBTAINED DUE TO DESIGN CHANGES PARCEL OWNER APPRAISED VALUE _ TITLE SEARCH COSTS TOTAL COST 11 ROMER $125.00 $50.00 $ 50.00 15A STEWART 110.00 62.50 62.50 19 CAPISTRANO $180.00 $ 50.00 $ 0.00 SOUTHERN VALLEY 2 IWATA 0.00 366.00 BAPTISH CHURCH 200.00 0.00 0.00 --- FALKLAM NoT APPRAIRFn 40.00 40.00 SUB TOTAL ---- $152.50 $ 152.50 TOTAL COST AHFP No. 540 ---- $96o.00 934,504.63 RIGHT OF WAY IN COUNTY FOR AGREEMENT NO. 671-426 THE $555.00 FIGURE WAS FOR .179 ACRES, ACTUAL TAKE WAS .228 ACRES TO PROVIDE FORULTIMATEROAD RIGHT-OF-WAY. FINAL PRICE WAS DISCUSSED WITH MR. STORM PRIOR TO PAYMENT. IT ELIMINATED CONDEMNATION ACTION. APPRAISED TITLE RESTORING PARCEL OWNER VALUE PAID VALUE REPORT IMPROVEMENTS TOTAL COST 1 QUAKENBUSH $ 0.00 $180.00 $ 50.00 $ 0.00 $ 50.00 2 IWATA 0.00 366.00 40.00 DRIVEWAY - 40.00 IN CONTACT 3 KLEIN $1,108.00 555.00# 40.00 0.00 1.148.00 TOTAL COSTS $1,108.00 --- $130.00 $ 0.00 $1,238.00 THE $555.00 FIGURE WAS FOR .179 ACRES, ACTUAL TAKE WAS .228 ACRES TO PROVIDE FORULTIMATEROAD RIGHT-OF-WAY. FINAL PRICE WAS DISCUSSED WITH MR. STORM PRIOR TO PAYMENT. IT ELIMINATED CONDEMNATION ACTION. PROJECT PARCEL No. 1 O.C. ASSESSORlS PARCEL No.: 121-190-27 GRANTOR: ANNE E. QUACKENBUSH, A WIDOW, AND WILLIAM M. QUACKENBUSH GRANTORiS ADDRESS: 2315 HARMONY 34122 CHULA VISTA ARMARILLO, TEXAS 79100 DANA POINT, CA 92629 DESCRIPTION OF PARCEL OBTAINED: PORTION OF THE SOUTH HAVE OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP S SOUTH, RANGE H WEST, OF THE SBBM. VALUE PAID FOR LAND: $ 0.00 TITLE REPORT: 50.00 RESTORING IMPROVEMENTS: 0.00 TOTAL COSTS $50.00 PROJECT PARCEL No. 2 O.C. ASSESSORlS PARCEL No.: 121-190-14 • GRANTOR: NOBORU AND KIKUYO IWATA GRANTORYS ADDRESS: 32791 DEL OBISPO STREET SAN JUAN CAPISTRANO, CA 92675 DESCRIPTION OF PARCEL OBTAINED: PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP S SOUTH, RANGE S WEST, OF THE SBBM. VALUE PAID FOR LAND: $ 0.00 TITLE REPORT: 40.00 *RESTORING IMPROVEMENTS: 0.00 TOTAL COSTS $40.00 * DRIVEWAY WAS REBUILT AS PART OF CONTRACT • 0 K PROJECT PARCEL No. 3 O.C. ASSESSORlS PARCEL No.: 121-190-11 GRANTOR: EARL D. AND ANN MARIE KLEIN GRANTORIS ADDRESS: 32741 DEL OBISPO STREET DANA POINT, CA 92629 DESCRIPTION OF PARCEL OBTAINED: PORTION OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 8 SOUTH, RANGE 8 WEST, OF THE SBBM. VALUE PAID FOR LAND: $11108.00 TITLE REPORT: 40.00 RESTORING IMPROVEMENTS: 0.00 TOTAL COSTS $11148.00 PROJECT PARCEL No. SJC 1 SLOPE EASEMENT ASSESSORS PARCEL No.: 121-190-30 GRANTOR: ROBERT MICHAEL AND ANITA MARIE FORESTER GRANTORIS ADDRESS: 25642 CAMINO DEL AvION SAN JUAN CAPISTRANO, CA 92675 DESCRIPTION OF PARCEL OBTAINED: PORTION OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 8 SOUTH, RANGE S WEST, SAN BERNARDINO MERIDIAN. VALUE PAID FOR LAND: $50.00 TITLE REPORT: 40.00 RESTORING IMPROVEMENTS: 0.00 TOTAL COSTS $90.00 n LJ 0 0 PROJECT PARCEL No. 2, 3, 3A SJC ASSESSOR'S PARCEL No.: 121-181-08 GRANTOR: MARTIN E. AND MARRION E. SCALZO GRANTOR'S ADDRESS: 32281 DEL OBISPO STREET SAN JUAN CAPISTRANO, CA 92675 DESCRIPTION OF PARCEL OBTAINED: PORTION of LOT 65 OF TRACT No. 103 PARCEL N0. LAND VALUE 2 $144 3 432 3A 212 $788 VALUE PAID FOR LAND: TITLE REPORT: RESTORING IMPROVEMENTS: TOTAL COSTS IMPROVEMENTS $ 200 0 0 $ 200 $ 988.00 40.00 0.00 $1,028.00 PROJECT PARCEL No. 3-13 SJC SLOPE EASEMENT ASSESSOR'S PARCEL No.: 121-181-13 GRANTOR: FRANK J. AND ELAINE D. HARTIGAN GRANTOR'S ADDRESS: 32351 DEL OBISPO STREET SAN JUAN CAPISTRANO, CA 92675 J TYPE EASEMENT STREET & HIGHWAY STREET & HIGHWAY SLOPE DESCRIPTION OF PARCEL OBTAINED: PORTION of LOT 7 OF TRACT NO. 318 LAND - $18.00, IMPROVEMENTS - $75.00, DAMAGES - $25.00 VALUE PAID FOR LAND: $118.00 TITLE REPORT: 50.00 RESTORING IMPROVEMENTS: 0.00 TOTAL COSTS $168.00 • • PROJECT PARCEL No. SJC 4, 9 STREET AND HIGHWAY EASEMENT ASSESSOR'S PARCEL No.: 121-151-06 GRANTOR: C. RUSSELL COOK GRANTOR'S ADDRESS: 32221 DEL OBISPO STREET SAN JUAN CAP ISTRANO, CA 92675 DESCRIPTION OF PARCEL OBTAINED: PORTION OF LOT 66 OF TRACT No. 103. PARCEL N0. 4 9 LAND IMPROVEMENTS DAMAGES 252 234 350 40 VALUE PAID FOR LAND: 5%6.00 TITLE REPORT: 40.00 RESTORING IMPROVEMENTS: 0.00 TOTAL COSTS $916.00 NOTE: COOK WAS REQUIRED TO PAY FOR IMPROVEMENTS ON PARCEL 12 DUE TO LOT SPLIT IN THE AMOUNT OF $5,300.00. HIS CHECK WAS IN THE AMOUNT OF $5,300.00 — $550.00 = $4,420.00. $550.00 WAS VALUE OF PARCELS 4, 9, AND 10. PROJECT PARCEL No. 5, 6, 7, SJC ASSESSOR'S PARCEL No.: 121-152-15, 16 GRANTOR: CHARLES I. AND IRENE E. VERMEULEN GRANTOR'S ADDRESS: 11591 CIELo PLACE SANTA ANA, CA 92700 DESCRIPTION OF PARCEL OBTAINED: PORTION OF LOT 64 OF TRACT No. 103. PARCEL No. TYPE EASEMENT LAND IMPROVEMENTS 5 STREET & HIGHWAYS $7,305.00 $3,726.00 5 DRAINAGE EASEMENT 540.00 --- 7 STREET & HIGHWAYS 90.00 --- 400.00 $7,935.00 $3,726.00 RESTORING IMPROVEMENTS IRRIGATION LINE $ 650.40 IRRIGATION LINE 144.40 IRRIGATION LINE 2,902.50 IRRIGATION LINE 246.00 STAND PIPE 210.00 WEIR BOX 400.00 TOTAL $4,553.60 VALUE PAID FOR LAND: TITLE REPORT: RESTORING IMPROVEMENTS: TOTAL COSTS $11,664.00 40.00 4,583.60 $161287.60 • PROJECT PARCEL No. SJC 8 STREET AND HIGHWAY EASEMENT ASSESSORYS PARCEL No.: 121-181-18 GRANTOR: CHARLES I. AND IRENE E. VERMEULEN GRANTORlS ADDRESS: 11591 CIELO PLACE SANTA ANA, CA 92700 DESCRIPTION OF PARCEL OBTAINED: PORTION OF LOT 65 OF TRACT NO. 103. LAND $4,086.00 PVC — DRAIN $135.03 IMPROVEMENTS 250.00 LEACH LINE 396.00 DAMAGES 500.00 IRRIGATION LINE 2,079.00 TOTAL $4,836.00 TOTAL $29610.03 VALUE PAID FOR LAND: $4,836.00 TITLE REPORT: 40.00 RESTORING IMPROVEMENTS: 2,610.03 • TOTAL COSTS $7,486.03 PROJECT PARCEL No. SJC 10 SLOPE EASEMENT ASSESSORlS PARCEL No.: 121-181-04 GRANTOR: C. RUSSELL COOK GRANTORlS ADDRESS: 32221 DEL OBISPO STREET SAN JUAN CAPISTRANO, CA 92675 DESCRIPTION OF PARCEL OBTAINED: PORTION OF LOT 66 OF TRACT N0. 103. VALUE PAID FOR LAND: $ 4.00 TITLE REPORT: 50.00 RESTORING IMPROVEMENTS 0.00 TOTAL COSTS $54.00 0 • PROJECT PARCEL No. 12, 12A ASSESSORlS PARCEL No.: 121-182-39 GRANTOR: C. RUSSELL AND MARGARET COOK GRANTORIS ADDRESS: 32221 DEL OBISPO STREET SAN JUAN CAPISTRANO, CA 92675 DESCRIPTION OF PARCEL OBTAINED: PORTION OF LOT 67 OF TRACT N0. 103 PARCEL TYPE EASEMENT 12 STREET AND HIGHWAY 12A SLOPE VALUE PAID FOR LAND: 0.00 TITLE REPORT: 50.00 RESTORING IMPROVEMENTS: 0.00 TOTAL COSTS $50.00 • NOTE: DEDICATION WAS REQUIRED BY CITY FOR A LOT SPLIT. PROJECT PARCEL No. 13, 13A SJC ASSESSOR'S PARCEL No.: 121-182-38 GRANTOR: SAN JUAN CAPISTRANO COMMUNITY PRESBYTERIAN CHURCH GRANTORlS ADDRESS: 32002 DEL OBISPO STREET SAN JUAN CAPISTRANO, CA 92675 DESCRIPTION OF PARCEL OBTAINED: PORTION OF LOT 67 OF TRACT No. 103 PARCEL TYPE EASEMENT 13 STREET AND HIGHWAY 13A SLOPE VALUE PAID FOR LAND: 0.00 TITLE REPORT: 40.00 RESTORING IMPROVEMENT: 0.00 • TOTAL COSTS $40.00 NOTE: DEDICATION WAS REQUIRED BY CITY FOR A LOT SPLIT. PROJECT PARCEL No. 14,15 SJC STREET AND HIGHWAY EASEMENT ASSESSORfS PARCEL No.: 121-18245 GRANTOR: THE ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES GRANTORlS ADDRESS: 1531 WEST NINTH STREET LOS ANGELES, CA 90015 DESCRIPTION OF PARCEL OBTAINED: PORTION OF LOTS 14 AND 17 IN BLOCK 2 OF SAN JUAN CAPISTRANO PARCEL No. LAND IMPROVEMENTS 14 324 200 15 126 VALUE PAID FOR LAND: $650.00 TITLE REPORT: 50.00 RESTORING IMPROVEMENTS: 0.00 TOTAL COSTS $700.00 0 PROJECT PARCEL No. 17 SJC SLOPE EASEMENT ASSESSORlS PARCEL No.: 64.9-081-32 GRANTOR: ALLEN A. AND LOURDES M. RYMER GRANTORlS ADDRESS: 26501 CALLE LUCANA SAN JUAN CAPISTRANO, CA 92675 DESCRIPTION OF PARCEL OBTAINED: PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 8 SOUTH, RANGE 8 WEST, SBBM AND A PORTION OF LOT 17 IN BLOCK 2 OF SAN JUAN CAPISTRANO. LAND $34.00, IMPROVEMENTS $150.00, DAMAGES $250.00 VALUE PAID FOR LAND: $435.00 TITLE REPORT: 62.50 RESTORING IMPROVEMENTS: 0.00 TOTAL COSTS $497.50 0 PROJECT PARCEL No. 18 SJC SLOPE EASEMENT ASSESSORI S PARCEL No.: 649-091-11 GRANTOR: RICHARD B. AND DESSIE M. WILLIAMS GRANTORS ADDRESS: 29931 CAMINO CAPISTRANO SAN JUAN CAPISTRANO, CA 92675 DESCRIPTION OF PARCEL OBTAINED: EASTERLY OF DEL OBISPO STREET AND SOUTHERLY OF AQUACAFE ROAD. (SEE PLAT MAP) LAND $331.00, AND IMPROVEMENTS $100.00 VALUE PAID FOR LAND: $430.00 TITLE REPORT: 40.00 RESTORING IMPROVEMENTS: 0.00 TOTAL COSTS $470.00 • PROJECT PARCEL No. SJC 20121,22, 23 ASSESSOR'S PARCEL No.: 121-481-01 GRANTOR: CAPISTRANO SOUTHERN VALLEY BAPTIST CHURCH GRANTORIS ADDRESS: 32032 DEL OBISPO STREET SAN JUAN CAPISTRANO, CA 92675 DESCRIPTION OF PARCEL OBTAINED: PORTION OF LOT 14 IN BLOCK 2, SAN JUAN CAPISTRANO PARCEL N0. TYPE EASEMENT 20, 23 SLOPE 21, 22 STREET & HIGHWAY VALUE PAID FOR LAND: 0.00 TITLE REPORT: 50.00 RESTORING IMPROVEMENTS: 0.00 TOTAL COSTS $50.00 NOTE: DEDICATION WAS A CITY REQUIREMENT FOR DEVELOPMENT. 0 WOODS M/KUNOTA A ASR061ATUS. INM MEMORANDUM July 7, 1972 TO: City Clerk - City of San Juan Capistrano FROM: City Engineer - City of San Juan Capistrano SUBJECT: Notice of Completion of Del Obispo Street AHFP No. 540 Enclosed is the recorded copy of the subject Notice of Completion of Work as recorded on June 8, 1972 in Book 10163, Page 905 and 906. The Contractor for this project was John B. Ewles, Inc. GeoZe E. Madsen Senior Project Engineer Encl. cc: Mr. T.J. Meadows GEM/cas /, / r - X 0 a RESOLUTION NO. 72-5-22-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ACCEPTING DEL OBISPO IMPROVEMENT PROJECT (AHFP#540) AND AUTHORIZING FILING OF NOTICE OF COMPLETION THEREFOR WHEREAS, all of the work on Del Obispo Street Improvement Project (AHFP #540) was completed according to the plans and specifications on May 18, 1972. NOW, THEREFORE, BE IT RESOLVED that: 1. The aforesaid work be, and is hereby, accepted as of May 18, 1972; 2. The City Engineer be, and is hereby, authorized and directed L h to file a Notice of Completion with the Recorder of the County of Orange; 3. The Director of Finance be, and is hereby, authorized and directed to pay John B. Ewles, Inc. the remaining amount U payable on the aforesaid construction contract in accordance with the final quantities. PASSED, APPROVED and ADOPTED this 22nd day of May, 1972, at a regular meeting of the City Council of the City of San Juan Capistrano, by the following vote, to wit: AYES: COUNCILMEN: WEATHERS, CHERMAK, BYRNES, GAMMELL and THORPE NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE s F. Thorpe, Mayor F . ATTEST: Donald G. Weidner, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO) I, DONALD G. WEIDNER, City Clerk of the City of San Juan Capis- trano, hereby certify that the foregoing is a true and correct copy of a resolution of the City Council of said City numbered 72-5-22-3, adopted by the City Council on the 22nd day of May, 1972. City Clerk NG BTED BY AND WHEN 16 RECORDED MAIL TO: CITY OF SAN JUAN CIPISTRANO C/0 WOODSIDE/KUBOTA & ASSOC., INC. 309 W. 3RD ST. 1 SANTA ANA, CALIFORNIA 92701 2 NOTICE OF COMPLETION OF WORK 3 NOTICE 1S HEREBY GIVEN THAT THE CITY OF SAN JUAN CAPISTRANO AS OWNER OF THE 4 PROPERTY HEREINAFTER DESCRIBED, CAUSED IMPROVEMENTS TO BE MADE, TO WIT: 5 THE CONTRACT FOR THE DOING OF WHICH WAS HERETOFORE ENTERED ON THE 2ND DAY 8 OF DECEMBER, 1971, WHICH CONTRACT WAS MADE WITH JOHN B. EWLES, INC., AS 7 JCON7RACTOR; THAT THE WORK WAS ACTUALLY ACCEPTED EFFECTIVE ON THE 22ND DAY OF MAY g 11972; THAT TITLE TO SAID PROPERTY IS VESTED IN THE CITY OF SAN JUAN CAPISTRANO; 9 THAT THE PROPERTY HEREINBEFORE REFERRED TO AND ON WHICH SAID IMPROVEMENTS WERE 10 MADE IS DESCRIBED AS FOLLOWS' 11 CONSTRUCTION OF THE A.H.F.P. PROJECT NO. 540 DEL OBISPO STREET. 12 13I 141 15 16 ATTEST: 171 18 UITY ULERK 19 STATE OF CALIFORNIA ) 20 ) COUNTY OF ORANGE ) 21 CITY OF SAN JUAN CAPISTRANO ��/�_� BY MAYOR Aft aA . _� 22 JAMES F. THORPE, BEING FIRST DULY SWORN, DEPOSES AND SAYS'THAT HE IS THE MAYOR 23 OF THE CITY OF SAN JUAN CAPISTRANOI THAT SAID CITY IS THE OWNER OF SAID PROPERTY 24 DESCRIBED IN THE FOREGOING NOTICE; THAT HE HAS READ THE FOREGOING NOTICE AND KNOWS 25 THE CONTENTS THEREOF AND THAT THE FACTS STATED THEREIN ARE TRUE. 2611SUBSCRIBED AND SWORN TO BEFORE ME Melvin A. Tooker 27 THIS 2nd DAY OF June 1972. 2811 29 NOTARY -PUBLIC IN AND FOR SAID COUNTY AND STATE m••.u�nonnmwn�wu•wnM so OFFICIAL SEAL MELVIN A. TOOKER 31 : �:r i%NOTARY PUBLIC CALIFORNIA g • _ • ORANGE COUNTY � 32 My Commission Expires April 12, 1975 q MEMORANDUM November 18, 1971 To: Donald G. Weidner, City Manager From: To J. Meadows, Director of Public Works Subject: AIIFP Project No, 540 - (Del Obispo Street) Attached please find a memorandum to the undersigned by the City Engineer recommending award of contract on the AHFP Project, A total of thirteen (13) bids were received with the John B. Ewles, Inc, of Westminster, CA being low bidder for Alternate A and Alternate B. This office concurs with the City Engineer and offers the following: Recommended Council Action: Award the contract for AHFP Project No, 540 to John B. Ewles, Inco in the amount of $214,048,39, subject to the certifi- cation by the City Engineer of the acquisition of all right- of-way for the project. Respectfully submitted, T. J. Meadows TJM:rm Encl. 1 2, 3 4I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 .ego -is 671-426 A G R E E M E N T THIS AGREEMENT, made and entered into this 1971, BY AND BETWEEN day of CITY OF SAN JUAN CAPISTRANO, a municipal corporation, here- inafter designated as "CITY," and COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter designated as "COUNTY." WITNESSETH: WHEREAS, CITY intends to improve Del Obispo Street between 650 feet north of Blue Fin Drive and Trabuco Creek under the Arterial Highway Financing Program, Project No. 540, and WHEREAS, portions of said roadway lie entirely within unincorporated areas of the COUNTY but are contiguous with said proposed improvement of Del Obispo Street, and WHEREAS, CITY has offered to design, contract and inspect the construc- tion of said COUNTY portions in conjunction with its work under said Arterial Highway Financing Program Project, and WHEREAS, CITY and COUNTY consider it in the best interest of economics and public safety to combine the design and construction of said COUNTY portion of pavement with CITYfs Arterial Highway Financing Program Project No. 540. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: I. CITY SHALL: A. Be and is hereby designated as Project Engineer, Contracting an( Construction Agent for the parties to do and perform all things necessary in order to design and construct said COUNTY portions of Del Obispo Street between 650 feet north of Blue Fin Drive and Trabuco Creek, and to execute and deliver all documents required in connection with the construction and completion of said project including Certificate of Cost and Certificate of Completion of project. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 r..o.0 II. III. JV. 0 0 B. During the period of construction have jurisdiction over the construction area including that portion described above within County territory. C. Prepare the necessary maps and deeds for the right of way to be acquired in COUNTY territory and submit said maps and deeds to COUNTY for review and approval. D. Negotiate for and acquire the necessary right of way for CCUNTY1s portion of the project, and shall certify acquisition of said right of way to COUNTY prior to advertising for bids for construction. Any of COUNTY portions of right of way which cannot be acquired by negotiation and thereby require an action of eminent domain shall be referred to COUNTY for processing of such action of eminent domain. COUNTY SHALL: A. Review for approval by the Road Commissioner, the plans and specifications as to design and construction features affecting the construction, operation and maintenance of the portion of the project within COUNTY. B. At all times during the progress of construction of said por- tions on Del Obispo Street between 650.feet north of Blue Fin Drive and Trabuco Creek have access to the work thereon for the purpose of inspection thereof; and should COUNTY deem any remedial measures to be necessary,,COUNTY shall notify CITY thereof. C. Certify to CITY those COUNTY portions of right of way specified in Section I (D) to be acquired by COUNTY. The estimated cost of said COUNTY portion of the project is approxi- mately $25,000 including engineering and right of way acquisition costs. A. COUNTY will, upon request, reimburse CITY for right of way acquisition costs for COUNTY's portion of project. Said request shall include full, true and correct copies of documents, 2. 1 2 3 4 b 7 8 9, 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 0 certificates and itemized bills applicable to said COUNTY portAon and COUNTY shall reimburse CITY upon thirty (30) days upon submission of such costs. B. Within thirty (30) days after the award of the contract, COUNTY will, upon request, transfer to CITY its share of the project construction funds based on an adjustment according to actual bid prices. C. Within sixty (60) days after the acceptance .of the improvement under the contract by CITY, CITY shall submit a Final Accoun- ting Report which shall include full, true and correct copies of documents, certificates and itemized bills including actual) cost of engineering applicable to said COUNTY portion to COUNTY and COUNTY shall reimburse CITY upon thirty (30) days upon submission of such costs. V. COUNTY's share of the construction cost shall be determined on the basis of the amount of work done on said portion of roadway improve ments lying within the boundaries of unincorporated territory, as these boundaries exist at the time of advertising the project. In this agreement "roadway" shall be defined to include, in addi- tion to work within, on and in the travel lanes, the treatment of shoulders, slope grading, and all necessary and pertinent work as shown on the contract plans. VI. It is mutually understood and agreed: A. That neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUN'T'Y harmless from any liability imposed for injury (as'defined by Government Code Section 310.8), occurring by reason of anything done or omitted to be 3• 1 2 3 4 5 s, 71 8I 9� I 10 11 12 13 li 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 i done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. B. That neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not dele- gated to CITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 310.8), occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. 1, 2 3 4 5 s 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk and COUNTY has caused this agreement to be executed by the Chairman of its Board of Super- visors and attested by its Clerk, all thereunto duly authorized by the CITY Council and the Board of Supervisors. CITY OF SAN JUAN CAPISTRANO a municipal corporation Dated• , 1971 By r ATTEST: Clerk of the Council COUNTY OF ORANGE, a political subdivision of the - State of California Dated: , 1971 By Chairman, Board of Supervisors ATTEST: W. E. ST. JOHN County Clerk and ex -officio Clerk of the Board of Supervisors Deputy I APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA V Byo�� 5.