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1980-0903_FRED WEISZ & ASSOCIATES_Contract0 20044 RECORDED AT THE REQUEST OF AND RETURN TO: •BK 13743Po 1907 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano EXEMPT Office of the City Clerk C4 32400 Paseo Adelanto Mary Ann nover, City Clerk San Juan Capistrano, CA 92675 City of an Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Fred Weisz and Associates, 24001 Alicia Parkway, Suite 309, Mission Viejo, California, 92691, who was the company thereon for doing the following work, to wit: CONSTRUCTION OF CAMINO CAPISTRANO SOUTH, ASSESSMENT DISTRICT 78-1 That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 3rd day of September, 1980 by Resolution No. 80-9-3-2 That upon said contract the National Bonding and Accident Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 4th day of September , 1980. RECORDED IN OFFICIAL ARFWO IA OF ORANGE COUNTY 30 M"- g PM. SEP 15920 Pb* LEE A. BRANCH, County R COMOr STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 2� Mary Ann over, Ci y Clem the City of San Juan Capistrano I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 4th day oefptember 1980. (SEAL) a�lAgnnt � j tp� clary Annanover, City Clerk of San Juan Capistrano ,J • _ _ • CITY COPY AGREEMENT FOR THE IMPROVEMENT OF, ASSESSMENT DISTRICT NO. 78-1 THIS AGREEMENT is made and entered into this /� n day of MARCH, 1980 , by and between FRED WEISZ & ASSOCIATES (hereinafter referred to as the "Contractor") and the CITY OF SAN JUAN CAPISTRANO State of California, (hereinafter referred to as the "City") and is in accordance :with and by virtue of the provisions of the "llunicipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, and of all acts supplementary thereto, incorporated by reference therein, or amendatory thereof. R E C I T A 7, S WHEREAS, the City, by Resolution approved and adopted, duly awarded the contract to the Contractor, and for further particulars refe- rence is hereby made to the records of the proceedings on fi.lc in the Office of the City Clerk and open to public inspection; and, WHERI'AS, said works of improvement for which the Contractor was awarded the Contract are set forth herein. NOW, THEREFORE, iT IS !.MUTUALLY AGREED BY THE PARTIES UERETO As FOLLOWS: A G R P. E M E N 7' SECTION 1. That all applicable provisions of the "Municipal Im- provement Act of 1913", and of all acts supplem=ntary thereto, incorporated by reference therein, or amen- datory thereof, are incorporated herein by reference and made a part hereof. SECTION 2. That the Contractor, for the consideration hereinafter mentioned, will do and perform in good and workmanlike manner, all the hereinafter mentioned work or improve- ments, under the direction and to the satisfaction of the SUPERINTENDENT OF STREETS in the manner and within the limits designated in Reso- lution of Intention !,lo. 80-1-23-8 adopted by the City Council of said City on the 23RD day of JANUARY, 1980 , and pursuant to and in strict accordance with the plans and specifications for the same contained in the "Report" prepared and filed pursuant to Sections 10200 through 10204 and 10300 of the Streets and Highways Code, and any modi- fications thereof, approved and adopted by said City -15- P Ll Council, and on file in the Office of the City Clerk. Reference is made to said "Report", Re- solution, and to said plans and specifications, all as modified, which are hereby expressly in- corporated herein and made a part hereof, for a complete description of said work or improvements. SECTION 3. That.the following is a general and abbreviated description of the works of improvement: Construction of certain public street and utility improvements, together with appurtenances and appurtenant work in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 78-1 (CAMINO CAPISTRANO SOUTH]. SECTION 4. That the Contractor will, at said Contractor's own cost and expense, furnish all'necessary materials and labor for said work, and the materials used therein shall comply with the specifications and be to the satisfaction of the SUPEP,INTENDrNT OF STREETS and the Contractor, will, within one hundred and ( 120) twetrty days £rom the dat:ehercof, completeethesaid work or improvements anti turn same over to the City ready for use and free and discharged of all liens, claims and demands whatsoever. The pro- visions of Title 1 (commencing with Section 4200), Chapter 3, Division 5 of the Government Code of the State of California, and further, the provisions of Title 15 (commencing with Section 3082), Part 4, Divi- sion 3 of the Civil Codes of the State of California, are expressly made appli.c:a.ble to work done under this Agreement. SECTION 5. That the City hereby fixes the time for the commence- ment of said work to be within FIFTEEN (15) days from the date of execution of this Agreement. SECTION 6. That upon the performance of the covenants aforesaid by the Contractor, and acceptance thereof by the City, the City Treasurer will pay to the Contractor from the special improvement fund, established pursuant to Sec- tion 10424 of the Streets and highways Code, only, the total amount of the cost and expenses of the work. Nothing herein, however, shall prevent acceptance of the payment for completed portions of the work by the City, in its discretion. -16- 0 SECTION 7. That the cost of said work or improvements shall be at the prices as set forth in the bid of the Con- tractor on file in the Office of the City Clerk. SECTION B. That it is stipulated that eight (8) hours of labor shall constitute a legal day's work and that neither the Contractor, nor any subcontractor hereunder, shall require or permit any workman employed to perform any of the work included in this Agreement to labor more than eight (8) hours during any one calendar day, ex- cept as provided by Sections 1812 or 1817 of the Labor Code of the State of California; and, it is further stipulated that the Contractor shall forfeit, as a penalty, to the City, the sum of Twenty -Five Dollars ($25.00) for each workman employed in the execution of this Agreement by the Contractor or by any subcontractor hereunder, for each calendar day during which such workman is required or permitted to labor more than eight (8) hours in violation of the provisions of Sections 1810 to 1817, inclusive, of said Labor Code. SECTION 9. That pursuant to the provisions of Section 1775 of said Labor Code, the Contractor shall, as a penalty to the City, forfeit the sum of Twenty -Five Dollars ($25.00) for each calendar day, or portion thereof, for each workman paid less than the prevailing wage rates for any work clone under this Agreement by him, or by any subcontractor under him. A sehedule has been obtained from the Director of the Department of Industrial Relations, pursuant to the provisions of Section 1773 of the Labor. Code of the State of Cali- fornia, and reference is hereby made to copies tliereof on file in the Office of the City Clerk,, -which said copies are available to any interested party upon re- quest. Purt-her, a copy shall be posted at each job site during the course of construction. SECTION 10. That in no case, except where it is othcneise pro- vided by or pursuant to law, and except as otherwise hereinbefore provided, will the City, or any officer thereof, be liable for any portion of the expense of the work aforesaid, nor for any delinquency of persons or property assessed. SECTION 11. The award of contract and the execution of this Agree- ment are subject to the following: "RECEIPT OF MONIES FRO.f SALE OF SECURITIF,S". SECTION 12. That in the event the work is not completed within the time limit specified in the Agreement, or within such further time as may be extended, the City will deduct from the amount to be paid to the Contractor, liquidated damages in the amount of $ 100.00 for each - working day of delay until the delayed work is completed. -17- 0 City and Contractor are in agreement that at the time of signing this Contract, it is impractical and extremely difficult to fix the actual damages which will be incurred by City if the works of im- provement are not completed within the time period as specified herein. Accordingly, City and Con- tractor do agree that the above referenced sum is a reasonablesumto assess as damages by reason of the failure of Contractor to complete the works of improvement within the time as specified. SECTION 13. That further incorporated herein are all the pro- visions of the "Report" as previously approved by the City and the Resolution of Intention as pre- viously adopted and referenced. SECTION 14. That the Contractor agrees to indemnify, defend, and hold harmless the City, its officers, agents and employees, from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement. SECTION 15. It is hereby stipulated and agreed to between the parties hereto, and notice is hereby expressly given to the Contractor, that in no cast., except where it is otherwise provided by law, will said City, or any officer or employee thereof, be liable for any portion of the expense of the work aforesaid. SECTION 16. Should any litigation or arbitration be commenced between the parties concerning the wor}cs o_.,improve- ment as referenced herein, the prevailing party in any such litigation, being the City or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. SECTION 17. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, ad- ministrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year first hereinabove written. FRED WEISZ & ASSOCIATES i i` APPROVED -AS TO FORM CITYO'SAN JUAN CAPZSTRANO 1 By. cG KENNETH E. FRIESS, MAYOR ITY ATTORNEY ATTEST: ?C3L C CITY OF S JUAN CAPISTRANO STATE OF CALIFORNIA _18_ TO: CONTRACTOR RE: PERFORMANCE OF WORK FOR ASSESSMENT DISTRICT NO. 78-1 CITY OF SAN JUAN CAPISTRANO CONTRACTOR'S CERTIFICATE PURSUANT TO SECTION 1561 OF THE LABOR CODE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of said Labor Code,.and I will comply with such provisions before commencing the performance of the work of this contract. By: "Contractor" -19- RESOLUTION NO. 80-9-3-2 COMPLETION OF CAMINO CAPISTRANO SOUTH, A.D. 78-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY _ OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF CAMINO CAPISTRANO SOUTH, ASSESSMENT DISTRICT 78-1 WHEREAS, on the 19th day of March, 1980, the City of San Juan Capistrano entered into a contract with Fred Weisz and Associates for the construction of Camino Capistrano South, Assessment District 78-1; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does resolve as follows: SECTION 1. That the work required to be performed by said contractor has been completed. SECTION 2. That the total cost of said work is in the amount of $204,617.79. SECTION 3. That the work is hereby accepted and approved. SECTION 4. It is further ordered that a "Notice of Completion b' -girded, on behalf of the City, in the office of the County Recorder of the County of Orange within ten (10) days of the date of this Resolution. PASSED, APPROVED AND ADOPTED this 3rd day of September 1980 , by the following vote, to -wit: AYES: Councilmen Friess, Schwartze, Buchheim and Mayor Hausdorfer NOES: ABSENT: ATTEST: CITY CLERK None Non STATE OF CALIFORNIA ] COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO } I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 80-9-3-2 , adopted by the City Council of the City of San Juan -(fa --p itrano, California, at a regular meeting thereof held on the 3rd day of September , 1980 . (SEAL) , 72' CfCtl/6.- nC2i��_ MARY ANN HANOVER, CITY CLERK -1- 0 S. NOTICE OF 11 U (74) Written Communications: (38) Report dated September 3, 1980, from the Director of Public Works, advising that the construction of Assessment District 78-1 has been completed to the satisfaction of the City Engineer. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO 80-9-3-2, COMPLETION OF CAMINO CAPISTRANO SOUTH, ASSESSMENT DISTRICT 78-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF CAMINO CAPISTRANO SOUTH, ASSESSMENT DISTRICT 78-1 The Resolution accepts the construction of Camino Capistrano South and directs the City Clerk to forward the Notice of Completion to the County Recorder. within 10 days. Payment status is as follows: Total Construction Cost $204,617.79 Less 10% Retention 20,461.77 Total Due 184,156.02 Previous Payment 111,667.14 Balance Due this Payment $ 72,488.88 The 10% retention is payable 35 days after recordation of the Notice of Completion. 9/3 30 AGENDA ITEM September 3, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Final Report - Construction of Assessment District 78-1, Camino Capistrano South (Fred Weisz and Associates) SITUATION The work for Assessment District 78-1 has been completed by Fred Weisz and Associates. The following is a breakdown of the final costs for each project: Total Construction Less 10% Retention Total Due Previous Payment BALANCE DUE Cost $204,617.79 20,461.77 $184,156.02 111,667.14 72,488.88 The work for the project is complete and accepted by the City Engineer. FINANCIAL CONSIDERATIONS These costs are within the budgeted amount for this project. ALTERNATE ACTIONS 1. Accept the project as complete. 2. Do not accept the project as complete. 3. Refer the matter back to staff. RECOMMENDATION By Resolution, determine that the work as accepted by the City Engineer for Assessment District 78-1 has been completed; and direct that a Notice of Completion be filed with the Orange County Recorder within ten (10) days from the date of acceptance. The total amount of work performed under the contract is $204,617.79. The 10% retention is to be paid thirty-five (35) days after recordation of the Notice of Completion. Respectfully submitted, w hlW. D. Murph t WDM: GA/pj5 Enclosures FOR CITY COUNCIL AGENDA • 0 APPROVAL OF CHANGE ORDER NO. 2, ADDITIONAL WORK - ASSESSNENT DISTk ICT 79-1 (FRED WEISZ AND ASSOCIATES) (74) Change Order No. 2, for additional work for installation of (38) a water line and for increased costs of import fill in the amount of $13,422.50 was approved, as set forth in the report dated September 3, 1940, from the Director of Public Works. 9/3 /SD I E r] AGENDA ITEM September 3, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Change Order No. 2, Extra Work, Assessment District 78-1, Camino Capistrano South (Fred Weisz and Associates) SITUATION Staff is requesting approval of Change Order No. 2 for Assessment District 78-1. The Change Order is for additional work to install a water line and an increase in unit cost for import fill due to a significant increase in quantity. FINANCIAL CONSIDERATION The total amount of the Change Order is $13,422.50. These costs are within the budgeted amount for this project. ALTERNATE ACTIONS 1. Approve Change Order No. 2 in the amount of $13,422.50. 2. Do not approve Change Order No. 2. 3. Request further information from staff. RECOMMENDATION By motion, approve Change Order No. 2 for Assessment District 78-1 in the amount of $13,422.50. Respectfully submitted, W. W. D. Murph/ WDM:GA/pjs Enclosure FOR CITY COUNCIL AGENDA CA OF SAN JUAN CAPISTRANO • IMPROVEMENT OF Camino Capistrano South AD 78-1 DATE August 19, 1980 CHANGE ORDER NO. TO Fred Weisz & Associates (CONTRACTOR) E Pursuant to the provisions of the "Municipal Improvement Act of 1913" (Division 12 of the Streets and Highways Code) and in particular Section 10352 of said Streets and Highways Code, the following change in the proceedings is hereby ordered and said change results in a substitution, elimination or addition of work. A copy of this order is on file with the City Clerk of said City. In preparing Change Orders, show as separate numbered categories: (1) Reason for Change (2) Description of Change (3) Change in Con- tract Cost la) Decrease in quantity of import fill lb) Conflict with electrical utility 3a) $7,760.00 lc) Extra work for excavation 3b) $4,522.50 Lump Sum 3c) $1,140.00 2a) Increase in unit cost for import fill 2b) Extra work for water line 2c) Roadway excavation (For additional space, use reverse side) Time of completion ad APPROVED BY DATED this I ly_ APPROVED BY DATED this follows: ORDERED and APPROVED by the City Council of the City of SAN JUAN CAPISTRANO on the 3rd day of September, 1980 CITY CLEV CITY OF` AN JUAN CAPISTRANO STATE OF CALIFORNIA 0 • 3. APPROVAL OF CfiANGE ORDER NO. 1 - (74) As set forth in the report dated June 4, 1980, from the Director of Public Works, Change Order No. 1, approval of a $4.00 per lineal foot unit price increase for reinforced concrete pipe and a decrease from 1013 linear feet to 744 linear feet Of concrete pipe was approved. _6 6/41M LJ AGENDA ITEM June 4, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Change Order No. 1 - Change in Unit Price and Extra Work, Assessment District 78-1, Camino Capistrano South (Weisz) SITUATION Staff is requesting approval of a Change Order for a unit price increase for reinforced concrete pipe in Assessment District 78-1 Camino Capistrano South. The original plans, during the bidding, indicated a larger quantity of concrete pipe. During this period the Caltrans Maintenance Station project installed concrete pipe such that there was a decrease in quantity for Assessment District 78-1. The original quantity for concrete pipe was 1013 linear feet. The actual amount installed was 744 linear feet. Under the provisions of the standard specifications, this contract is sub- ject to a change in unit price since there is more than a 25% decrease in quantity. FINANCIAL CONSIDERATION The contractor is requesting an increase of $4.00 per linear foot. Since there is a decrease in quantity, the District would be saving $5600.72 for this bid item with the increase in unit cost. ALTERNATE ACTIONS 1. Approve the unit price increase in reinforced concrete pipe at $4.00 per linear foot. 2. Do not approve the unit price increase. 3. Request further information. RECOMMENDATION By motion, approve the unit price increase in reinforced concrete pipe at $4.00 per linear foot. Respectfully submitted, W. ..P W. D. Murp , WDM: GA/pjs Enclosure FOR MY COUNCIL AGENDA .. C13'Y OF SAN JUAN CAPISTRANO IMPROVEMENT OF ASSESSMENT DISTRICT NO. 78-1 (CAMINO CAPISTRANO)__ , DATE June 5, 198 CHANGE ORDER NO. TO FRED WEISZ & ASSOCIATES (CONTRACTOR Pursuant to the provisions of the "Municipal Improvement Act of 1913" (Division 12 of the Streets and Highways Code) and in particular Section 10352 of said Streets and Highways Code, the following change in the proceedings is hereby ordered and said change results in a substitution, elimination or addition of work. A copy of this order is on file with the City Clerk of said City. In preparing Change Orders, show as separate numbered categories: (1) Reason for Change (2) Description of Change (3) Change in Con- tract Cost (1) Decrease in quantity of 24" R.C.P. (2) Increase in unit cost of 24" R.C.P. (3) Increase of $4.00 per linear foot. (For additional space, use reverse side) Time of completion adjusted as fAllows: APPROVED BY DATED this la — day of APPROVED BY DATED this 29 day of ORDERED and APPROVED by the City CAPISTRANO on the -/7�_z day of v of the City of SAN JUAN 22Z&p4�2 - CITY CLE CITY OF AN JUAN CAPISTRANO STATE OF CALIFORNIA NOTICE TO CONTRACTOR TO ENTER INTO CONTRACT AND CO11u4ENCE WORK TO: FRED WEISZ & ASSOCIATES 24001 Alicia Parkway, Suite '309 Mission Viejo, California 92691 YOU ARE HEREBY NOTIFIED that a Contract has been awarded to you for the construction of certain public works of improvement in. a special assessment district known and designated as ASSESSMENT DISTRICT NO. 78-1 [CAMINO CAPISTRANO SOUTH) (hereinafter referred to as the "Assessment District") in the CITY OF SAN JUAN CAPISTRANO State of California, and that the Contract for said work is on file in the Office of the City Clerk, and further, you are here- by required, within FIFTEEN '(15) days after the re- ceipt of this Notice to enter into a contract with said City for the doing of said work and to furnish therewith a Bond for Faith- ful Performance in a sum equal to 1100 s of the contract price, and also a Labor and Material Bond, as required by law, in the sum of 100 % of the contract price. DATED this 25th day of March, 1980 CITY CLLR ' CITY OF SAN JUAN CAPISTRANO STATE OF CALIFORNIA --23- RESOLUTION NO. 80-3-19-11'' CONTRACT AWARD - ASSESSMENT DISTRICT NO. 78-1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA. AWARDING CONTRACT FOR CONSTRUCTION IN A SPECIAL ASSESSMENT DISTRICT. WHEREAS, this City did, on the 26th day of FEBRUARY, 1980 I publicly open, examine and declare a 1 sealed proposals or bids for doing the work and improvements described in Resolution of Inten- tion No. 80-1-23-8, which Resolution and a "Report" subsequently approved By the City Council are hereby expressly referred to for a description of said work and improvements, and for all particulars relative to the proceedings for works of improvement in a special assessment district known and designated as - ASSESSMENT DISTRICT NO.'78-1 (CAMINO CAPISTRANO SOUTH] - -(hereinafter referred to as the "Assessment District"). NOW, -THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO CALIFORNIA, AS FOLLOWS: - SECTION 1. That the above recitals are all true and -correct. SECTION 2. That the City Council of said City hereby rejects all of said proposals or bids except that herein ' inentioned, and does hereby award the construction ..contract for doing said work and making improve-- axnts in the Assessment District to the lowest • responsible bidder, to -wit: • FRED WEISZ 8 ASSOCIATES -- at the prices named in the bid of said bidder on file in the Office of the City Clerk of said City. The Contractor shall execute the contract within fifteen calender (15) days after it has been noti- fied in writing to so execute the contract and com- mence construction. SECTION 3. That this award of contract is hereby conditioned upon and made subject to the receipt of monies from the sale of bonds. SECTION i. That the works of improvement shall be constructed in the manner and form as set forth in the plans and specifications for these proceedings, and all as pre- viously approved by this City Council as -a part of the `Report", all as required by law and specifically • the "Municipal Improvement Act of 1913", being Divi- sion 12 of the Streets and Highways Code, of the State of California. SECTION 5. That the Mayor and City Clerk are hereby autho- zized to execute the Agreement for the works of Improvement relating to said Assessment District for and on behalf of said City, and a copy of . said Agreement shall be on file in the Office of the City Clerk. ' APPROVED and ADOPTED this 19th day of March, 1980 MAYOR CITY OF SAN JUAN CAPISTRANO STATE OF CALIFORNIA _ ATTEST: PTY ' CITY OF SAN JUAN CAPISTRANO . STATE OF CALIFORNIA - - - • STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) - 2, MARY ANN HANOVER, City Clerk of the CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 80-3-19-11 , was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a reg.:lar meeting of said City Council held on the 19th day of March , 1980, and that the same vas passed and adopted by the following vote, to -wit: JIVES: Councilmen Hausdorfer, Thorpe, Buchheim • aad Mayor Friess . NOES: None ABSENT: Councilman Schwartze • Executed this 19th day of March , 1980, at SAN JUAN CAPISTRANO, California./}�/�/l MARY ANN HANOVER," CITY CLERK CITY OF SAN JUAN CAPISTRANO, CALIFORNIA (SEAL) National Bonding and Accident Insurance Company Saint Louis, Missouri 1240-0461 Bond No. c� PERFORMANCE BOND Approved by The American Institute of Architects A.I.A. Document No. A-311 February, 1970 Edition KNOW ALL MEN BY THESE PRESENTS: that 4Here insert full name and address or legal title of Contractor) Fred Weisz & Assoc., Inc. 24001 Alicia Pkwy #309, Mission Viejo, Ca 92691 as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY, a New York corporation as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, Ca as Obligee, Hereinafter called Owner, in the amount of Two Hundred and 44/100 --------- Eight Thousand Two Hundred Fifty Dollars Is 208,250.44 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated March 19 19 80 , entered into a contract with Owner for . Construction of Camino Capistrano South in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform mid Con- tract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with Its terms and condi- tions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, Signed and sealed this 11th d (Witness) arrange for a contract between such bidder and Owner, and make avail- able as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of com- pletion less the balance of the contract price; but not exceeding,includ- ing other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof, The term "balance of the contract price;' as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date an which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. ay of April Fred Weisz & Assoc., Inc. 1980 (Principal) (Seal) - t (Ti Insurance Company BY 11W4,451111 NB 4773 Attorney -in -Fact STATEOF L t COUNTYOF Ov-, --� ss: On this `4 day of —b before mE County of State of. i.. i u Notary Public to and for the said Personally appeared - - residing therein, duty commissioned and Wn the corpora! Accident Insurance Company, on that exto ecuted o mee t he t t instrument, t o u National Bond i to m� as Attotorney-in-Fact. that subscribed the Home of National Bonding and Accident Insurance Company thereto and his own tome @IIWK SM MK L SCHALLER MMI RINK - CALIFORNIA ORANGE COUNTY ! Ml Comm. Expim lune 14, 1987 I/j NS 4M &�..o ,� Notury public to and�the County of State of National Bonding acid Accident Insurance Company Saint Louis, Missouri Bond No. 1240=0461 LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects—A.I.A- Document No. A-311 February, 1970 Edition THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor? Fred Weisz & Assoc., Inc. 24001 Alicia Pkwy #309, Mission Veijo, Ca 92691 as Principal, hereinafter "lied Principal, and, (Here insert full name and address or legal title of Surety) National Bonding and Accident Insurance Company, a New York corporation as Surety, hereinafter called Surety, are held and frimly bound unto (Here insert full name and address or legal title of Owner) City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, Ca as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Two Hundred Eight Thousand Two Hundred Fifty and 44/100 Dgllara(5208,250.44 ), (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated March 19 1980 , entered into a contract with Owner for Construction of Camino Capistrano South in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as here inafter defined, for all labor and material used or reasonably required for use in Me performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject however, to the following conditions: 1. A claimant is defined as one having a direct contract with th Principal or with a Subcontractor of the Principal for labor, material, o both, used or reasonably required for use in tha performance of th Contract, labor and material being construed to include that part o water, gas, power, light, heat, oil, gasoline, telephone service or rents of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and sever ally agree with the Owner that every claimant as herein defined, wh has not been paid in full before the expiration of a period of ninety (90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant may sue on this bond for the use of such claimant, prosecute the wi to final judgment for such sum or sums as may be justly due claimant and have execution thereon. The Owner shall not be liable for the pay- ment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with th Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (901 days after such claimant did or performed the last of the work or labor, Si nd sealeded thi�l 1 th Witness) Na 4849 or furnished the last of the materials for which said claim is made, - stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place e where an office is regularly maintained for the transaction of business, r or served in any manner in which legal process may be served in the e state in which the aforesaid project is located,, save that such service f need not be made by a public officer. I b) After the expiration of one (t) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof wch limitation shall be deemed to ° be amended so as to be equal to the minimum period of limitation per- ) mitted by such law, c) Other than in a state court of competent jurisdiction in and for t the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situ- ated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent e of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against said improvement, whether or not claim for the amount of such lien by presented under and against this bond. day of April 19 60 Fred Weisz & Assoc., Inc. ��----y (Principal) (Seal) (Title) Nott Iidll/l�l���EA�=�,OC1�C[lY Inasranrw L'pmpgny BY Attorney -in -Fact - National Bonding and Accident Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that the NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of New York, and having its principal office in the City of New York, New York, hath made, constituted and appointed, and does by these presents make and constitute and appoint ROBERT WILLIAM KASSEL, of La Jolla, California, and JAMES A. SCHALLER, of Mission Viejo, California and each of them its true and lawful Alto bonds or undertakings "Not exc tract bond or single construction bonds and 510,000.00 for all oth, and the execution of such bonds or unde amply, to all intents and Purposes, as if s and duly attested by its Secretary, herel herein given. This Power of Attomey is r the Board of Directors of the NATIONAL on the 13th day of March, 1972: t, to make, execute, seal and deliver for and on its behalf as surety any and all ,000.00 for bid or proposal bonds on any one project. $250,000.00 for any con - ),000.00 on any court bond (except fiduciary), 510,000.00 for license or permit pursuance of these presents, shall be binding upon said Company as fully and were signed by the President, sealed with the corporate seal of the Company and confirming all the acts of said Attomey-in-Fact pursuant to the power xecuted pursuant to and by authority of the following resolutions adopted by AND ACCIDENT INSURANCE COMPANY at a meeting duly called and held Resolved: That the President, or any Vice -President, may execute for and in behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and the seal of the company affixed thereto by the Secretary, or any Assistant Secretary; and that the President, or any Vice -President, may appoint and authorize an Attomey-in-Fact to execute on behalf of the company any and all such instruments and to affix the seal of the company thereto: and that the President, or any Vice -President, may at any time remove such Attomey-in-Fact and revoke all power and authority given to any such Attomey-in-Fact. Resolved: That Attomeys-in-Fact may be given full power and authority to execute for and in the name and on behalf of the company any and all bonds, reco nizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attomey-in-Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary, and, further, Attomeys-in-Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any of the by-laws of the company as well as any resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys -in -Fact. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Directors of the NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY at a meeting duly called and held on the 13th day of March, 1972: "Resolved: That the signature of the President, or any Vice -President, and the signature of the Secretary or any Assistant Secretary ma be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Attomeys-in-Fact for purposes only of executing and attesting any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the company as the company as the original signature of such officer, to be valid and binding upon the company with the same force and effect as though manually affixed." IN WITNESS WHEREOF, the NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY, has caused these presents to be signed by its President and its corporate seal to be hereto affixed, duly attested by its Secretary this 4th day of April, 1977. NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY J Secretary President�r STATE OF M ISSCIURI CITY OF ST. LOUIS On this 4th day of April, 1977, before me personally came F. Carl Schumacher, Jr., President and Philip L. Chamberlain, Executive Vice -President and Secretary of the NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY to me personally known to be the individuals and officers described In and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, sayeth that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such officers is duly affixed and subscribed to the said instrument by the authority and direction of the said Company. t E Johapp ublic (My mmission Expirea 12,,1979) CERTIFICATE I, the undersigned, Vice President of the NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY, a New York Cor- poration, orporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors set forth in the power of attorney are now in forrJc,,lg Signed and sealed at the City of St. Louis. Dated this// day of 17T ,71 I / , 19 WARNINGI This is a copyyrighted document. Any/ unauthorized reproduction is prohibited. THIS POWER IS VOID unless the seals are readable,VideTWMa text is in black ink, signatures are in blue ink and seals and warning are in red ink. 4F 01978 National Bonding and tomInsurance Company 7245 �? i",i is ' A. [V /u�l�bs� SGtJ� 2.a .7m j b6-., ..1 CIO ,�2-3z, 771 17== B I D P It O P O S A 1. From: Fred Weisz & Associates Contractor To the IIonorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans and Specifications and General Conditions therefor, - read the Instructions to Bidders, and is familiar with all pro- posal requirements, and hereby proposes and agrees, if the pro- posal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of:: .o„fcl. P c.JD 7`f-�-'+� �7"i � J�O�%en.> .� � '�O� Z$'D •'f`� words Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necsar y machinery, tools, ap- paratus, and other means of constructs ; also, the performance and.completion of all the work in the m)Lnner set forth, described and shown in the Specifications or the drawings for the work. If the contract is awarded the undersigned agrees to enter into a contract with the City and to commence work.within fifteen (15) calondar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of days. All bids are to be computed on the basis of the givell Estimai.ed Qeuanti.ties of Work, as indicated• in this proposal, times the unit: prices as submitted by the bidders. In case of discrQpancy bcYicen wo—rIs and figures, the words shall prevail. In Case of discrepancy bot:cen unit prices and the extension thereof, the unit price shall j•revail and bids will be computed as indicated above and compared on the basis of corrected totals. The estimated quantities of wort: indicates: in this proposal are approximate only, being given solely as a basis for comparison of bids. It is understood that the City does not expressly nor by implication agree that the actual amount of work will corres- pond therewith, but reserves the right to increase or decrease ti amount of any item or portion of the work or to omit portion^ of the work as may be deemed expedient by the Engineer.' It .is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then the enclosed check or bid bond shall be returned to the undersigned within fc:-ty-five (45) days. If the proposal is accepted and the undersigned fails to ent3r into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by -the City -Council, then said"check shall be cashed or said -bond declared forfeit and an amount equal to the difference between the lowest bid and the neat lowest bidder who will execute a contract shall be paid into the treasury of -the City of San Juan Capistrano as liquidated damages for the failure of the under- signed to comply with the terms of this proposal. Accompanying this proposal is bidders bond (-insert "$ /D ?o eesh", eashlep's-weer biddev's bend, as the ease may be) in an amount equal to at least ten percent (10'.0) of the total bid. The following is the name and place of business of the surety company which will. furnish the required bonds as surety if the work is awarded to the undersigned; I Fred Weisz & Associates, Inc. _ Licensed in accordance with an act providing for the re ist_-.:ti:on of contractors -- License No. 245026 Signature of Bidder: Fred Weisz, President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co- partners composing the firm: President, secretary, treasurer and manager thereof.) Fred Y-isz, President / Pat Weisz, -Sec./Treas. Dated: February 26, 1980 24001 Alicia Pkwy., suite 309 - Mission Viejo, CA. 92691 Business Address 714/770-2917 'Phone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Signature ,of Jairer 714/770-2917 Phone Number -6- February 26. 1980 _ Date I SCID DULL OF I'IOIIK ITEMS ASSESSMENT DISTRICT 13-1 ITE7d APPROX. WORK ITEJI ` l"ll! UNITS NO, QUANTITY (PRIG); I'iRiT'il.::: iN PiUIIllS) 1. 637 L.F. FURNISH AND INSTALL P.G.C. CURB AND GUTTER TYPE A-2 FOR TPE NIT PRICE OF 4) ;o PER LINEAL FOOT. 2. 1188 TONS FURNISH AND INSTALL ASPHALTIC CON- CRETE PAVEMENT FOR THE UNIT PRICE OF orT✓1 'Ttirasc_ .170/ilKi DOLLARS PER TON. 3. 3564 TONS FURNISH AND INSTALL AGGREGATE , BASE FOR TH UNIT ICE OF /�_ �.I��.��.�- DOLLARS PER TON. 4. g600 SQ.FT, FURNISH AND INSTALL ASPHALTIC CON- - CRETE PAVEMENT OVERLAY FOR THE UNIT PRICE OF .r.c7r.0 1�t I �a DOLLS PER SQUARE FOOT, 5. 444 SQ.FT. FURNISH AND INSTALL P.C.C. DRIVE APPROACH FOR THE UNIT PRIC OF DOLLARS PER SQUARE FOOT. - UNIT PRICES TOTAL (IN FIGURES) AMOUNT 2740 tw 9. vo, 31. Lvfd/ Ji, So 4400, • 6. 149 L.F. FURNISH AND INSTALL 2" X 6".REDWOOD HEADER fOR THE UNIT PRICE OF T_1c�_ /iw�IS f SeIft T"oa DOLLARS T. PER LINEAL FO 1.>�[., tfs it 7. 30 EACH FURNISH AND INSTALL TYPE L-2 REFLECTIVE GUIDE MARKERS FOR THE UNIT PRICE OF T -r- n I] DOLLAR PER EACH. 8. 1013 L.F. FURNISH AND INSTALL 24" R.C.P. (1.5.Q0 -D) FOR THE UNIT PRICE OF DOLLARS PER LINEAL FOOT. 30,E �'iG 3�I0 9: 3 EACH FURNISH AND INSTALL JUNCTION STRUCTURE TYPE ft FOUNIT P I C E OF.. r�L1%4, T11A+R THE .. DOLLARS PER EACH. -6A- SCIIEDULE OF WOP.IC ITEMS ITL•M APPROX. WORK ITr!,l WITH UNITS UNIT PRICES TOTAL NO. QUANTITY (PRICE IVP.ITTEN IN ISO^DS) (IN FIGURES) X11OUN7 10. 1 EACH FURNISH AND INSTALL CATCH BASIN AS SPECIFIED FOR �HE UNIT PRICE OF 92i.4fY�'TY bd/A,� t� DOLLARS PER EACH. /V Ty 11. 168 SQ.FT. FURNISH AND INSTALL LOCAL DEPP.ES- SION AS SPECIFIED FOR I� jNIT;,� PRICE OF .JP,:., ./�/(�,� DOLLARS PER S UARE F00T. s. Jv _t 1.2. 308 L.F. FURNISH AND INSTALL 8" A.C.P. CC.L. 150) WATER LINE FOR THE UNIT PRICE OF—j"Aoo (T> DOLL RS PER LINEAL FOOT. ZZ� , %i`. o 13. 1 EACH FURNISH AND INSTALL 8" G.V. AND VALVE BOX F0. T�/E E UNIT PRICE, OF —S;4- �1✓ar.i+s t DOLLARS PER EACH, IoOC. b 'u for m 14. 6000 C.Y. FURNISH AND COMPACT IMPORT FILL FAOR . UNIT PRICE OF ,-5I.�' + !/%A�►1 DOLLARS PER _ CUB C YARD. /zoo 15. 1 EACH FURNISH AND INSTALL 4" STANDARD B.O. AS SPECIFIEDFOR THE UNIT CE OF ��/� yLJwI �l A, tary DOLLARS PER EACH. 16. 1 EACH FURNISH AND INSTALL 8" X 8" X 6" TEE, 6" G.V. 8 VALVE BOX AND 6" A.C.P. SPOOL WITH CAP AND THRUST BOX TO TWO FEET INSIDE PROPERTY LINE FGj? THE UNIT PRICE OF /^ ��•+HI►.. St✓tvty },,,.DPLLARS PEREAC /375 /37sp ti" 17. 3 EACH FURNISH AND INSTALL STREET LIG S FOR Ut PRICE OF �� tis �— DOLL RS PER . EACH. -68- SCIIEDULE Or 570EK I.'E"IS ITE1I AP; ROK, WORK ITEM WITH UNITS UNIT PRICES TOTAT, NO. QUANTITY (PRICE WRITTEN IN i'"OPDS) (IN FIGURES) AYOUiNT 18. 3150 SQ.FT. FURNISH AND INSTALL P.C.C. SIDE- WALK AS SPEC IFIcD FOR THE UN? PRICE OF Alit �i0��ra. irk DOLLARS PER SQUARE ./ FOOT. 19. 847 L.F. CONSTRUCT 2 -FOOT WIDE ELECTRICAL TRENCH WITH�B�CKFILL FOR THE Ul PRICE OF -� W►,*„ lo;L�. . e� DOLLARS PER LINEAL FOOT. 20. 1 EACH FURNISH AND INSTALL TELEPHONE MA=LE FOR J�IE UNIT PRIC� OF, 1aMlT.s F' t *w do% DOLLAR PER E9CH.`fd00� 21. LUMP SUM -FURNISH AND INSTALL VARIABLE 4" TELEPHONE CONDUIT FOR THgF„LUMP SUM OF S �,�► - a..l AL .At M MPA 22. 100 SQ.FT. FURNISH AND INSTALL GRO�j D RIP -RAP FOR THE UNIT PRICE OF 5oAgL t -.j ��fJK•y� T DOLLARS PER SQUARE F400T. /i!,=✓ /Sjp 23. 1 EACH CONSTRUCT HEADWALL AS SPECIFIED FOR THE UNI PRICE OF 44,;4. dfJw� �-&-a o i..r_ DOLLARS PER EACH. S7fw 97r= 24. 1 EACH INSTALL 2" WATER SERVICE LATERAL AS SPECIFIED FOR THE UNIT PRICE OF DOLLARS PER EACH. -T?p ,a' Aa 25. LUMP SUM CLEAR AND GRUB AS SPECIFIED FOR THE LUMP SUM OF r r r .-DOLLARS. .t}.w yr.Aj SUB -TOTAL Za. T,SV , -6C- nbiI U 000IV ;'V=FiJ;rI IT I b� Ell BY IILcRH �U�iII f ',;IT.IEID ST16.77 OF CAI' I^OPIN J 1 ) County of Orange ) ss. Fred Wei being first duly sworn deposes and says that tie is President of Fred Weisz & Associates Inc. the party making the foregoing bid; that such bid is not made in the interest of or oil behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or soli( ,'ed any other bi 'er to put in a false or sham bid, and has not directly or iridi ,ctly colluded, conspired, connived, or agreed with any bidder or any- one else to put in a sham bid, or that.any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bid- der, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one inter- ested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection there- with, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general buF,inc^s. -7- I ON , 19 before me, the undersi;;ned, a Notary Public in and for said /S,tate,.personally appeared r P� �JIe to be the person whose name stibscribed to the within Instrument, and acknow- ledged to me that _he executed the same. FATNESS my hand and official seal i, Public in and for sa -8- lames A. Scheller �,�y Note NM . ovow COUNTY My CammiWo Up. Nov. 4,1983 0 DESIGMY"GION OF SUB-CO11PACT02S Submit with Proposal In compliance with the Provisions of Secti,ln 1100--17.07 of the Government Code of the State of California as amended, the undersigned cortifies that he has used the sub -bids of the fol- lowing listed sub -contractors ill making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portion, of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Fred_Weisz & Associates,. Inc. _Fred Weisz, President BIDDER'S NAME AUTI10111ZED SIGMA -9- ITEM OF WORK SUB -CONTRACTOR ADDRESS PHONE NO. .1. 2 & 4 Sully -Miller P.O. Box 432 714/639-1400 Orange, CA 9 2. 1. 5 &.18 Jr, owski & Markel 748 N. Popular St. 714/978-2222 h8 3. J & S Co. 822nW. Katella 714/639-4921 -7 Orange, CA. 92667 4. R 10 11 A. & A Const.28570 Marguerite Pkwy'. 12, 13, 15, 1 X21 5. 19, 22, 23, 24 Mission Viejo, CA 714/49.5-2681 6• 17 Steiny Co. 4620 1z'. Pa Palma- 714/779-2301 ,. 7. 8. Fred_Weisz & Associates,. Inc. _Fred Weisz, President BIDDER'S NAME AUTI10111ZED SIGMA -9- THE AMERICAN INSTITUTE OF ARCHITECTS 74 iii. AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and National Bonding and Accident Insurance Company 4242 Lindell Boulevard, St. Louis, Missouri, 63108. (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of New York as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as�obligee, —hereinafter called the Obligee, in the sum of le—tt e' (e" Y (lOfz)O¢ 6-)-t0vn`tLt-k Dollars(S?o8ftsn.q-�Or1 for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) 41^C) Al 5 t' r r f 14r, , O-1- l '7 '.Z i rn p r p , 5 Y-1- 4 e 0 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this �L & Y 4 day of FP & 19 go r ,"OC 6Uf15 2. * 17 5Scr., l- ir, (Principal)i (Seal) (Witness) National Bonding and Acclifent Insurance Company (Witness) AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 NR 5591 (Title) Attorney -in -Fact 1 SIAITOF— COUNTY OF F COUNiYOF r7-- On this P`le I` —day of -7re- 19before me % , a Nolary Public in and for the said County of State of c— , residing therein, duly commissioned and sworn, personally appeared 3. /0. ! c 44i/r.- known to me to he the Attorney -in -Fact of Notional Bonding and Accident Insurance Company, the corporation that executed the within instrument, and acknowledged to me that he subscribed the name of Nalional Bonding and Accident ln_ uwvnce Company thereto and his own name as Attorney -in -Fact. Notary Tuti in and for the County of OFFICIAL SEAL e ,State of GAIL L SCHAUER S W NOTARY PUBLIC-CALIFORNIAORANGE COUNTY Na 480My Comm. Expires June 14, 1982 National Bonding and Accident Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that the NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of New York, and having its principal office in the City of New York, New York, hath made, constituted and appointed, and does by these presents make and constitute and appoint ROBERT WILLIAM KASSEL, of La Jolla, California, and JAMES A. SCHALLER, of Mission Viejo, California and each of them its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings "Not exceeding $50,000.00 for bid or proposal bonds on any one project. $250,000.00 for any con- tract bond or single construction project, $50,000.00 on any court bond (except fiduciary), 510,000.00 for license or permit bonds and 510,000.00 for all others not specified." and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, to all intents and purposes, as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all the acts of said Attomey in -Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board ofDirectors of the NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY at a meeting duly called and held on the 13th day of March, 1972: Resolved: That the President, or any Vice -President, may execute for and in behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and the seal of the company affixed thereto by the Secretary, or any Assistant Secretary; and that the President, or any Vice -President, may appoint and authorize an Attomey-in-Fact to execute on behalf of the company any and all such instruments and to affix the seal of the company thereto; and that the President, or any Vice -President, may at any time remove such Attomey-in-Fact and revoke all power and authority given to any such Attomey-in-Fact. Resolved: That Attorneys -in -Fact may be given full power and authority to execute for and in the name and on behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attomey-in-Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary, and, further, Attomeys-in-Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any of the by-laws of the company as well as any resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attomeys-in-Fact. This ppower of attorney is signed and sealed under the authority of the following Resolution adopted by the Directors of the NATIOI'iAL BONDING AND ACCIDENT INSURANCE COMPANY at a meeting duty called and held on the 13th day of March, 1972: "Resolved: That the signature of the President, or any Vice -President, and the signature of the Secretary or any Assistant Secretary may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Attomeys-in-Fact for purposes onof executing and attesting any bond, undertaking, recognizance or other written obligation in the nature thereof, an any such signature and seal where so used, being hereby adopted by the company as the company as the original signature of such officer, to be valid and binding upon the company with the same force and effect as though manually affixed. IN W ITNESS W HEREOF, the NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY, has caused these presents to be signed by its President and its corporate seal to be hereto affixed, duly attested by its Secretary this 4th day of April, 1977. NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY Attest: /%-.-e" `ti"`�`— - B G Secretary y President STATEOF MISSOURI CITY OF ST. LOUIS On this 4th day of April, 1977, before me personally came F. Carl Schumacher, Jr., President and Philip L. Chamberlain, Executive Vice -President and Secretary of the NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY to me personally known to be the individuals and officers described in and who executed the Preceding instrument, and they acknowledged the execution of the same, and being by me duty swom, sayeth that they are the said officers of the Company aforesaid, and that the seal affixed to the precedinginstrument is the corporate seal of said Company and that the said corporate seal and their signatures as such officers is duy affixed and subscribed to the said instrument by the authority and direction of the said Company. =t Johapp ublic (My mmission Expire a 12,_ 1979) CERTIFICATE I, the undersigned, Vice President of the NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY, a New York Cor- poration, do hereby certify that the foregoing power of attorney is in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors set forth in the power of attorney are now in force. // g/� Signed and sealed at the City of St. Louis. Dated this day of 9010 , 19 r r G! This is a copyrighted document. Anized reproduction is prohibited. THIISVOID unless the seals are readable, Vi resiblack ink, signatures are in blue ink and l warn ing are in red ink. ® 1978 National Bonding and ccident lnaumnce Company 7245 NOTICE INVITING SEALED PROPOSALS NOTICE IS HEREBY GIVEN that the CITY CLERK on behalf of and as authorized by the CITY OF SAN JUAN CAPISTRANO State of California, will open sealed bids at the hour of 10 , O'clock a.m. on the 26th day of February, 1980 Said bids will be opened at said time and the results will thereafter be referred to the City Council for consideration at their next regular meeting. Mailed bids should be addressed as follows: City Clerk, City Hall City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Assessment District No. 78-1 PROCEEDINGS The works and improvements hereinafter mentioned are authorized pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, and said project will be financed pursuant to.bonds being issued according to the terms and provisions of the "Improvement Act of 1911", being Division 7 of said Code. WORKS OF IMPROVEMENT Construction of certain public street and utility improvements, together with appurtenances and appurtenant work in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 78-1 (CAMINO CAPISTRA.NO SOUTH). PLANS AND SPECIFICATIONS All of the above work is to be done under contract.in accordance with those certain plans, specifications and drawings contained in a "Report" contemplated by Resolution of Intention No. 80-1-23-8 considered and approved on the 23rd day of January, 1980 and other contract documents duly adopted and approved, to which "Report" and documents reference is hereby made for a description of said work and improvement. 0 0 PROPOSALS Proposals must be submitted on the blank forms prepared and fur- nished for the purpose and which may be obtained at the Office of the City Clerk and City Engineer. At said Office, bidders may obtain copies of the plans, profiles and specifications for the contemplated improvement. BONDS The Contractor will be required to furnish with the contract.a Faithful Performance Bond in the amount of 100 % of the aggre- gate amount of the bid, and a Labor and Material Bond in the amount of 100 %. The Contractor will also furnish certificates of insurance evidencing that all insurance coverage has been secured, as required by the specifications. PREVAILING WAGES Notice is further given that the legislative body has obtained the general prevailing rate of per diem wages in accordance with law to be paid for the construction of the above entitled improve- ments. The schedule has been obtained from the Director of the Department of Industrial Relations, pursuant to the provisions of Section 1773 of the Labor Code of the State of California, and reference is hereby made to copies thereof on file in the Office of the City Clerk, and which said copies are available to any interested party upon request. Further, a copy shall be posted at each job site during the course of construction. PAYMENT Payments will be made in cash to the contractor in accordance with the provisions of the specifications and on itemized esti- mates duly certified and approved by the Superintendent of Streets submitted in accordance therewith, based on labor and materials incorporated into said work during the preceding month by the contractor. The first progress payment will not be made until after delivery of bonds and receipt of monies therefor. BID SECURITY All proposals or bids shall be accompanied by a cashier's or certified check payable to the order of the City amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to said City, signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer oaths, in double said amount over and above all statutory exemption. Said check shall be forfeited or said bond shall become payable in case the bidder depositing same does not, within fifteen (15) days after written notice, sign the contract. -2- AWARD AND EXECUTION Any award of contract will be made subject to the receipt of monies and proceeds from issuance and sale of bonds. The Contractor shall execute the contract within fifteen (15) days after he has been notified in writing to proceed, and shall commence construction within fifteen (15) days after contract execution, and shall complete all the work and improve- ments within one hundred and twenty (120) days after e-ecution. The City Council hereby reserves the right to reject any and all proposals, to waive any irregularity, and to award the contract to other than the lowest bidder. No bidder may withdraw his bid for a period of forty-five (45) days after the bid opening. CONTRACTUAL DOCUMENTS Contractual Documents, including drawings and specifications, may be examined at the following office: City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA Copies of the Contractual Documents may be obtained from the City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA A fee of $ 10 is required for each set of Contractual Documents. The Contractual Documents will be mailed, upon re- quest, with a $ 10 non-refundable mailing charge for each set requested to be mailed. CITY C ER 1 CITY OF %SAN JUAN CAPISTRANO STATE OF CALIFORNIA -3- NOTICE INVITING SEALED PROPOSALS NOTICE IS HEREBY GIVEN that the CITY CLERK on behalf of and as authorized by the CITY OF SAN JUAN CAPISTRANO State of California, will open sealed bids at the hour of 10 , O'clock a.m, on the 26th day of February, 1980 Said bids will be opened at said time and the results will thereafter be referred to the City Council for consideration at their next regular meeting. Mailed bids should be addressed as follows: City Clerk, City Hall City of San Juan Capistrano 32900 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Assessment District No. 78-1 PROCEEDINGS The works and improvements hereinafter mentioned are authorized pursuant to the provisions o' the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, and said project will be_ financed pursuant to bonds being issued according to the terms and provisions of the "Improvement Act of 1911", being Division 7 of said Code. WORKS OF IMPROVEMENT Construction of certain public street and utility improvements, together with appurtenances and appurtenant work in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 78-1 (CAMINO CAPISTRFNO SOUTH). PLANS AND SPECIFICATIONS All of the above work is to be done under contract in accordance with those certain plans, specifications and drawings contained in a "Report" contemplated by Resolution of Intention No. 80-1-23-8 considered and approved on the 23rd day of January, 1980 and other contract documents duly adopted and approved, to which "Report" and documents reference is hereby made for a description of said work and improvement. 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 4931171 September 18, 1980 -m- Fred 4 Fred Weisz and Associates 24001 Alicia Parkway, Suite 309 Mission Viejo, California 92691 Re: Completion of Construction of Assessment District No. 7871, Camino Capistrano South Gentlemen: Enclosed is a copy of Resolution No. 80-9-3-2, which was adopted by the City Council at their meeting of September 3, 1980. The Resolution accepts the work completed for the construction of Assessment District No. 78-1, Camino Capistrano South, in the amount of -$204,617.79. The Council directed that the balance due in the amount of $72,488.88 be payable immediately. The 10% retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on September 15, 1980; therefore, the final payment in the amount of $20,461.77 may be released on October 20, 1980. Very truly yours, (MRS) MARY ANN HANOVER, CMC City Clerk MAH/cj Enclosure cc: Director of Public Works Administrative Services F. Mackenzie Brown Walt Hamilton i u „ 0 c � 1� 0 c c v a c c c c c c c cr . .. .... .... 1. m c c c c c c C C C C C 0 d) .0 Cl u C n o 0 li cl i! ti I blMrrl ce E, 88 On (31 �tk nl 11 .0 Itl '41 01 nl C; '3 324DO PASEO ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 PHONE 493-1171 September 5, 1980 Fred Weisz and Associates 24001 Alicia Parkway, Suite 309 Mission Viejo, California 92591 Re: Change Order No. 2, Assessment District No. 78-1 Gentlemen: At their meeting of September 3, 1980, the City Council approved Change Order No. 2, an increase of $13,422.50 for water line and cost of fill. A copy of the Change Order is enclosed for your files. I£ you have any questions, or need additional inforr.ation, please do not hesitate to call. Very truly yours, (MRS) MARY MANN HANOVER, CMC City Clerk MAH/cdc Enclosure cc: Director of Public Works Director of Administrative Services 3z400 i�: �[o nu c� nraTo SAN JUAN CAPISTRANO, CAur0riNlA 82675 PHONI. 499.1171 June 5, 1S80 Fred Weisz and Associates 24001 Alicia Parkway, Suite 309 Mission Viejo, California 92691 Re: Change Order No. 1, Assessment District No. 78-1 Gentlemen: At their meeting of June 4, 1980, the City Council approved Change Order No. 1, an increase of $4.00 per linear foot for reinforced concrete pipe, and a. decrease in the quantity of the concrete pipe. If you have any questions, or need additional information, please do not hesitate to call. Very truly yours, (MRS) MARY" ANN HANOVER, CMC City Clerk MAHfcj CC,. Director of Public Works ;1• 1 hl . •.1 i 11 l) U 10 1 11 O 11 U sl N p1 M yt'•7 N rT O f O N V N 1 ID 11 n N fDr.non ILIO. IU Sl, p. 0 N lT. K O n IT fD C: �•1 !D b O U IT N fi rt Of Of p n ' O a 11 rr m ' a ' rr rr °C st N l+1 n of o 1) ~ J r 3 h A _ 1 O KK N p1 M yt'•7 N rT O f O N O rt a R N t N VI G r• r r n 0 1� fDr.non N N n O rr K O n IT fD C: !D b O U IT N fi rt R Cr N o a 0 p n ' O a 11 rr m ' a 1 � f 11 rr m A 1) 3 C A � a � � c7 ° O ro If H R H CI R _ C � R r. o C h 1 . N 1��� — �� —' '— "�T—: 1 14 ' � C a r• U R R II L J .310 � G ,p, Y•U 1 H. It1R r I_ 1 1 1 in N FRI- rt O C N fJrt rt r• O rt it :l 1.. n rr t� 1b rl 11 I l lu C) •l3 O 1{ :3 U rr v. 1{ N N O O rr cr0 O It O K3 n (D a E . if N A• f, rt a rt N It rT Q O O y 7 a la O w• U G N 1 M y W r• ' c z rr W O r ] �r r DY C W. Y. T a O fD m If •_!" y y r' • _ a g Ci l: r. r N I J rr o �• r3 o d. O 4= G b mn G .e ro t- ri 3 � r r• � O � n a N 'a o r � a . R N rt r O O �e 1999 III JIM SCHALLER INSURANCE AGENCY 24001 ALICIA PARKWAY SUITE 225 United States Fidelity & Guaranty Co MISSION VIEJO, CA 92675 - - - - -- -----.---- ---- 714-768-3400 I I Fred Weisz & Assoc., Inc.it - ---- -- 24001 Alicia Pkwy 4309 !„ I Mission Viejo, Ca 92691 - - - - --- - Ince lis" I tt o- IT, " I e 1 -'o ut this t 'T " Limps of " lability i 11 housands (01 ; _ - _ __ - _ _ GENII - �!Mli .: V II D I V n , - a 500 1000 'I Xi I 1 FR(:FIT 'IT I "TMA F I T 500 � s 500 I II I A Renewal of 3/1/81- �y N CIP 34610 TTT'TI VNJIIHY AND I.1 P 1COMH WIC ryry/ IT I IT 'f �"' f If, ll'r I PLR v-L mLe1 AUS iOM( HI4 E LIABILITY - "'� - -- + DIIN�I ar 500 ' EA( IRE RS IN XI DIES IN.fI", $ 500 AC II f(UHf N(TI b(, 1 Renewal of 3/1/81 FHnR VI>A, CI I-50D CIP 34610 UTTV;ITIPIINl --- I,IEr�DA��F T I EXCESS 11A61LITY --�- -- --�- - - I - L UMI' "f / r ORM I )MI:WFI [ Ilrl I. IM�'fl n IAORKC: ' EFS't:OMPENSAl10N' n ou ."Id 1-40-3950-012365 3/1/81 A EIMPLOYIRS'LIF,EIL.17-'/ _ OTHER T- I 1 '111N11Y111- zscRlRnoN of OPFRA unN=I acnnoNs(vFlua rsNOTWITNLNO STAMOANY REOUfREMENT'DOCUMOR ENT WITH TERM, DITION OF ANY CONTRACT OR OTHER p R_`;^ECT TO WHICH THE CERTIFICATE IS ISSUED, THE Applies to construction of Camino Capistrano South 4:-URANCE AFFORDED RV THE POLICIES LISTED ON THE City of San Juan Capistrano CERTIFICATE IS SUUACT TO ALL THE TERMS OF SUCH Cancellation: Shouid any of the above descried poll e- be cancelled before the expiration date t(wreof, the suing com- )any will endeavor to mail days Aritten notice to the below norned certificate holder, but failure to (nail such notice shall impose no obligati Ir or liability of any kind upon the company_ p ANN AUDRESS OF CEHTIF ICA FE HOLDER April 11, 1980 — %%% NAME DATE P City of San Juan Capistrano C 32400 Paseo Adelanto San Juan Capistrano, Ca 92675 - ell a ; jirif �ir�n pr�f/za�izd 371400 PASEO ADSLANTO' SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 493.1171 May 14, 1980 Fred Weisz and Associates 24001 Alicia Parkway, No. 309 Mission Viejo, California 92691 Re: Assessment District 78-1, Camino Capistrano South Gentlemen: Enclosed for your files is a copy of the Notice to Contractor to Enter into Contract and Commence Work. Please add this to your contract documents. If you have any questions, please let me know. Thank you for your cooperation. Very truly yours, (MRS) MA ANN HANOVER, CMC City Clerk MAH/cdc Enclosure cc: Director of Public Works*/ T 34400 PASEO ADELA14TO SAN JUAN CAPISTRANO. CALIFORNIA 92675 r HONE 493.117 March 25, 1980 f Fred Weisz and Associates 24001 Alicia Parkway, No. 309 Mission Viejo, California 92691 Re: Award of Contract - Assessment District No. 78-1, Camino Capistrano South Gentlemen: At their meeting of March 19, 1980, the City Council adopted the enclosed Resolution No. 80-3-19-11, awarding the contract for construction of Assessment District Pio. 78-1 Camino Capistrano South, to your company at $208,250.44. Enclosed are two copies of the contract. Please sign both copies and return the "City Copy" to this office;•Lhe remaining copy is for your files. I am also enclosing Page 25 of the bid document. Please note the bond and insurance requirements which must be met before the contract is effective. If you have any questions, please let me know. Thank you for your cooperation. Very truly yours, v� (MRS) MARY N HANOVER, CMC City Clerk MAH/cj Enclosures cc: Director of Public Works SPEC IFICAT►ONS�ARAW M65 �15 .ago) 005 ME ADDRESS HONE CONE 72-0 ' y�SS drn -J, s ,n 171,4"Z d — - s4�0 - 5�s 70 -- - _"1 GS Z --- Giud ---.R►.�SS_(.!o ��� �__ ��Ol�_SQ—L1�D��4Q.�_�LV_�. o�IG� ��3�-L( a.�--gool.------ � -4/�� s __ _ _zAcd4-A ANS a)oS Pig -y -,S\ Cab, ect C-tc ION; Cam �o . o,..-H�i 2,p, O(P c-) "-a � 4 - Pic). 303 ' .- 2 1,,P,,--, 5� -2/ C/ I? 2A, r/ -7 0 1 P<A LLoa )Stb- -4 -Z7 227 Rl 91 rzo6 0 9 c6n Q'cy� I if C;L-o V, I q -J 7-9-6- 5 6 1 C) 0 0 Li 2 [4) -C-DNDUIT -CP*e._ P Q. --e 73��.aqao " -aZ 7 0 on &'o V4 -d6 41,E 0 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA PLANS, SPECIFICATIONS, SPECIAL PROVISIONS AND CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF CAMINO CAPISTRANO ASSESSMENT DISTRICT 78-1 1980 CITY COUNCIL KENNETH E. FRIESS, MAYOR GARY L. HAUSDORFE.". PHILLIP R. SCHWARTZE JAMES F. THORPE LARRY BUCHHEIM W. D. "MURPHY DIRECTOR. OF PUBLIC WORKS January, 1980 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 ' 'PHONE 493.1171 February 13, 1980 1 ADDENDUM NO. 1 TO PIANS, SPECIFICATIONS, SPECIAL PROVISIONS AND CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF CAMINO CAPISTRANO ASSESSMENT DISTRICT 78-1 CHANGES IN PLANS ' 1. Page 1 ' Delete the quantities in the construction notes. The Contractor shall use the quantities listed in the specifications. ' CITY ENGINEER'S OFFICE OF THE CITY OF SAN JUAN CAPISTRANO -� George Alvarez ' Associate Civil Engineer GA/rem 1 �I TABLE OF CONTENTS Title Page CONTRACT DOCUMENTS NOTICE INVITING SEALED PROPOSALS . . . . . . . . . . . . . 1 BID PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . 4 SCHEDULE OF WORK ITEMS . . . . . . . . . . . . . . . . . . 6A NON -COLLUSION AFFIDAVIT . . . . . . . . . . . . . . . . . 7 DESIGNATION OF SUB -CONTRACTORS . . . . . . . . . . . . . . 9 INSTRUCTIONS FOR SIGNING BIDS . . . . . . . . . . . . . . 10 INSTRUCTIONS TO BIDDERS . . . . . . . . . . . . . . . 11 AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . 15 CONTRACTOR'S CERTIFICATE . . . . . . . . . . . . . . . . . 19 BOND FOR FAITHFUL PERFORMANCE . . . . . . . . . . . . 20 BOND FOR LABOR AND MATERIAL . . . . . . . . . . . . . . . 21 NOTICE TO COMMENCE WORK . . . . . . . . . . . . . . . . . 23 SPECIAL PROVISIONS INDEX . . . . . . . . . . . . . . . . . . . . . . . . 24 WORK TO BE DONE . . . . . . . . . . . . . . . . . . . . . 25 STANDARD SPECIFICATIONS . . . . . . . . . . . . . . . . . 25 TERMS DEFINED . . . . . . . . . . . . . . . . . . . . . . 26 SPECIAL PROVISIONS OF ITEMS OF WORK AND METHOD OF PAYMENT .. . . . . . . . . . . . . . . . . . . 26 STANDARD DRAWINGS . . . . . . . . . . . . . . . . . . . . BID SECURITY All proposals or bids shall be accompanied by a cashier's or certified check payable to the order of the City amounting to ten percent (10%) of the bid, or by 'a bond in said amount and payable to said City, signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer oaths, in double said amount over and above all statutory exemption. Said check shall ' be forfeited or said bond shall become payable in case the bidder depositing same does not, within fifteen (15) days after written notice, sign the contract. -2- C ' PROPOSALS Proposals must be submitted on the blank forms prepared and fur- nished for the purpose and which may be obtained at the Office of the City Clerk and City Engineer. At said Office, bidders may obtain copies of the plans, profiles and• specifications for the contemplated improvement. BONDS ' The Contractor will be required to furnish with the contract a Faithful Performance Bond in the amount of 100 % of the aggre- gate amount of the bid, and a Labor and Material Bond in the amount of 100 %. The Contractor will also furnish certificates of insurance evidencing that all insurance coverage has been secured, as required by the specifications. ' PREVAILING WAGES Notice is further given that the legislative body has obtained ' the general prevailing rate of per diem wages in accordance with law to be paid for the construction of the above entitled improve- ments. The schedule has been obtained from the Director of the Department of Industrial Relations, pursuant to the provisions ' of Section 1773 of the Labor Code of the State of California, and reference is hereby made to copies thereof on,file in the Office of the City Clerk, and which said copies are available to any interested party upon request. Further, a copy shall be ' posted at each job site during the course of construction. PAYMENT Payments will be made in cash to the contractor in accordance with the provisions of the specifications and on itemized esti- mates duly certified and approved by the Superintendent of Streets submitted in accordance therewith, based on labor and materials incorporated into said work during the preceding month by the contractor. The first progress payment will not be made until after delivery of bonds and receipt of monies therefor. BID SECURITY All proposals or bids shall be accompanied by a cashier's or certified check payable to the order of the City amounting to ten percent (10%) of the bid, or by 'a bond in said amount and payable to said City, signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer oaths, in double said amount over and above all statutory exemption. Said check shall ' be forfeited or said bond shall become payable in case the bidder depositing same does not, within fifteen (15) days after written notice, sign the contract. -2- C I Cl C] 11 1 1 1 1 INSTRUCTIONS FOR SIGNING BIDS, BONDS AND CONTRACTS CORPORATIONS Give name of Corporation. Signatures: President or Vice President and Secretary or Assistant Secretary. Affix corporate seal and notary's acknowledgement. Others may sign for the corporation if the City has been furnished a certified copy of a resolution of the corporate board of directors authorizing them to do so. PARTNERSHIPS Signatures: All members of partnership. One may sign if City has a copy of authorization. Affix notary's acknowledgement. JOINT VENTURES Give the names of the joint venturers. Signatures: All joint venturers. One may sign if City has a copy of authorization. Affix notary's acknowledgement. INDIVIDUALS Signature: The individual. Affix notary's acknowledgement. Another may sign for the individual if the City has been furnished a certified power of attorney authorizing the other person to sign. FICTITIOUS NAMES BONDS Show fictitious names. Satisfy all pertinent requirements shown above. In addition to all pertinent requirements above, give sig- nature of Attorney in fact and apply Surety's seal. -10- 1 9 Ito -m rc 1 N 10 Lzlza ' Securi.n.^, Documents Plans, specifications and other contract documents will be ' available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids." A. ' Examination of Plans, Specifications and Site of Pork The bidder is required to examine the site of work, the proposal, the plans and the specifications very carefully. Fie ' shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The plans for the ' work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions shown on the plans and ' actual conditions revealed during examination or progress of t?:_ ' work. The submission of a proposal shall be prima facie ev,,;ence that the bidder has made such an examination. ' Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omission from, the drawings, specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the ' point or points in question. The person submitting such a re- quest 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 En;ineer discovers errors, 1 -11- omissions, or points requiring r_lari.fication in the drawings or ' documents, a written addoncium v. ill be mailed to each person to whom a set of contract documents has been cl.olivered. The City ' will not be responsible for any instructions, explanations or interpretations of the documents presented to bi.ddcrs in any manner other than written addendum. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part ' of the contract documents and shall be returned with them. Be- fore submitting his bid, each bidder shall inform himself as to ' whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and 'result in its rejection. ' Disqualification of Bidders No person, firm or corporation shall be allowed to make, ' file or be interested in more than one bid for the same work unless alternate bids are called for.. A person, firm or cor- pora tion or- poration who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified ' from submitting a bid in his own behalf. Proposals ' Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms .provided within these -- specifications; all bid items shall be properly filled out; =- bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. ' Where there is a conflict in the.wor cis and the figures, the words shall govern. -12- ' 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. 1 1 H D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equip- ment and references properly and fully filled out. E. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the pro- visions of the specifications. F. tsids shall be delivered to the City 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 bearing the title of the work and the name of the bidder. Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawl of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for re- ceipt of bids. Opening of Bid Proposals The City will, in open session, publicly open, examine, and declare the bids at the time set forth in the "Notice Inviting -13- 1 Bids". Bidders or their authorized representatives are invited to be present. TO: James S. Okazaki, City Attorney FROM: Cathleen A. Du Coing, Records Coordinator DATE: April 17, 1980 SUBJECT: Bonds received as surety for the construction of Assessment District 78-1 (Camino Capistrano South) I have been informed this date by George Alvarez, Public Works Department, that he has explained to you that the bonds received from Fred Weisz & Associates in the amount of $208,250.44 each, do not have the Power of Attorney for James A. Schaller, National Bonding and Accident Insurance Company registered with Probate. He has advised me that you have looked at the bonds and have determined that the bonds should be accepted by the City as being in proper form and order for the above-mentioned project, in regard to the Power of Attorney. 0900,90 CC: George Alvarez File APPROVED AS TO FORM: l AMES S. OKAZAKI, C q ITY ATTORNEY DATED: April 17, 1980 1 - SPECIAL PrOVISIO.IS INDEX Section Title Page(s) 1-1 WORI: TO BE DONE . . . . . . . . . . . . . . . . . 24 1-2 STANDARD SPECIFICATIONS . . . . . . . . . . . . . . . 24--25 1-3 TERMS DEFINED . . . . . . . . . . . . . . . . . 25 1-4 SPECIAL PROVISIONS OF ITEMS OF WORK AND METHOD OF PAYMENT . . . . . . . . . . . . . . . . 25--31 -24- ' + SPECIAL PROVISIONS .1. Work T^ 3e Dane The work to be done consists of the construction of a storm drain, widening on the west side with concrete curb, gutter and sidewalks, and undergrounding of 311 utilities on Camino Capistrano. ' 2. STANDAPD SPECIFICATIONS ' The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1976 Edition, hereinafter referred to as the Standard Specifications. The contractc., shall maintain a copy of this book on the job site at all times. The provisions of the Standard Specifications shall be modified as indicated below: L1 1 I 1 1 1 1 Change 1: "Section 2-4 - Contract Bonds" The "Payment Bond" (Material and Labor Bond) shall be in the amount of 100 percent of the contract price. The "Faithful Performance Bond" shall be held as assurance of guaranteed performance for a period of one year after acceptance of the improvements by the City Council. Change 2: "Liability Insurance" The amounts and provisions of insurance are modified.to be: Bodily Injury $ 500,000 each person Bodily Injury $1,000,000 each accident Bodily Injury $1,000,000 aggregate products Property Damage $ 500,000 each accident Property Damage $ 500,000 aggregate operations Property Damage $ 500,000 aggregate protection Property Damage -$ 500,000 aggregate products Property Damage $ 500,000 aggregate contractual The contractor shall likewise obtain public liability and property damage insurance to cover vehicles used or maintained by him, whether on or off the premises, with liability limits of not less than $500,000, for any one person, and $500,000, for any one accident, and propert. damage of $500,000. The insurance amounts set forth herein are t' -c minimum amounts required by the City. Other agencies with which �h_ contractor may be involved in the accomplishment of the work may re- quire greater amounts. The City will not recognize any claim for additional compensation because of the requirement for greater amounts of insurance, as an element to be considered by the contractor in determining his bid. -25- 0 ' Change 3: "Section 8 - Facilities for Agency Personnel" Delete this section. ' 3, terms DeEi.nod ' Whenever in th- said Standard Specifications the following terms are us^d, it is hereby provided that the following City department or persons shall bo intended: ' AGENCY shall mean City of San Juan Capistrano, wherever appropriate. ' BOARD shall mean the City Council of the City of San Juan Capistrano. ENGINEER shall mean City Engineer or other person(s) 1 designated by same. 4. Special Provisions of Items of Work and Method of Payment A. Bid Items BID ITEMS 1,5,11&18 - Furnish a:-. Install P.C.C. Curb and Gutter, Cross Gutter., Sidewalk and Drive Approach Portland cement concrete shall meet the requirements of ' Section 400 and these special provisions. For 2500 class concrete, a prequalified mix design may be used in accordance with the pro- visions of ACI 318-71, Section 4.2.2.1, in which•f6 = 2500 psi. The sodium sulphate loss requirement and the gradation X -value sub- mittal required of Section 400-1.3.1 may be waived by the Engineer. The cement type requirement, Section 201-1.2.1, shah be Type II or Type V as determined by the Engineer. Type II or Type V ' cement shall conform to ASTM C 150 and the low alkali requirements of Table lA therein. The Cleanness Value requirement of Section 200-1.4 shall be replaced with the following: ' Tests Test Method No. Requirements 1 U Cleanness Value California 227 Individual Test 70 Min.* Moving Average 75 Min.* * For 2500 or less class concrete, except concrete pavement, a minimum 65 Individual Test Result and a minimum 70 Moving Average will be acceptable if 2500 psi 28 -day strength criteria of Section 201-1.1.4.are met, at a 6 -inch slump or greater.. The testing and acceptance determination will be made by the EMA Materials Laboratory. Evaluation of Sand Equivalent and Cleanness Value results shall conform to the provisions of Subsection 400-1.4. -26- ' Payment ' The unit: price bid per lineal fcot shall include all labor, mater�.als, tool and equipment for the installation of the curb and gutter, c_-oss autter, sidewalk and drive aparoach as specified, and no additional compo ro;a--ton shall be made. BID ITEM 2 - Furnish and Inst.,". A.C. Pavement ' Asphalt concrete shall meet the requirements of Section 400 and these special provisions. Coa_-sa aggregate shall consist of material of which at least 75 percent by weight shall be crushed particles ' in lieu of the requirements of Subsection 400-4.2.3. The viscosity grade of paving asphalt shall L.e AR -4000 or AR -8000 as determined by the Engineer. The exact proportions of agr.re�ate and the amount of asphalt binder for each type of mixture shall be regulated as ' directed by the Engineer. Normally the, asphalt ccntent shall be between 5.8 and 6.0 percent by dry weiaht of aggregate. Grading shall be III -B2, 111-B3, III -C2, or III -Ci as determined by the Engineer. The final or surface layer of asphalt concrete shall not be placed until all on-site improvements have been completed, in- cluding all grading, and until all unacceptable concrete work has ' been removed and replaced unless approved otherwise by the Engineer. The sand equivalent and S -Value requirements of Subsection 400-4.3 shall be the moving average requirements.. Individual test require- ments for sand equivalent and S -Value shall be as determined by the EMA Materials Lab. Payment ' The unit price bid per ton shall include all labor, materials, tools, and equipment for the placing of A.C. Pavement as specified, and no additional compensation shall be made. BID ITEM 3 - Furnish and Install Aggregate Base ' Untreated base materials shall meet the requirements of Section 400 and these special provisions. In lieu of the second sentence of Section 200-2.4.1 at least 65 percent, by weight, of the material retained on the No. 4 sieve shall be a crushed particle ' as determined by Test Method No. California 205. Evaluation of gradation and sand equivalent test results shall conform to the pro- visions of Subsection 400-1.4. The gradation and sand equivalent requirements of Subsections 200-2.2, 200-2.3, 200-2.4, 200-2.5 and 200-2.6 shall be the moving average requirements. Individual test requirements for gradation and sand equivalent shall be as determined by the EMA Materials Lab. Payment ' The unit price bid per ton shall include all labor, materials, tools and equipment for the grading of earth and placement of ' aggregate base as specified, and no additional compensation shall be made. -27- 1 ' BID ITEM 4 Furnish and Install A.C. P.a-,�ment Overlay The workmanship and materials included in the work prescribed for bid item 6 shall conform to Sections 204 and 305 of the Standard Specifications. The work for this bid item shall include the in- stallation of a 2" x 6" redwood header as specified on the improve- ment plans. ' Payment The unit price bid per lineal foot shall include all labor, materials, tools and equipment for the installation of the 2" x 6" ' redwood header as specified, and no additional compensation shall be made. ' BID ITEM 7 - Furnish and Install Guide Markers The workmanship and materials included in the work prescribed for bid item 7 shall conform to Orange County Standard Plan No. 402. The.work for this bid item shall include the installation of the guide markers as specified on the improvement plans. ' Payment The unit price per each shall include all labor, materials, ' tools and equipment for the installation of the guide markers as specified, and no additional compensation shall be made. ' BID ITEM 8 - Furnish and Install R.C.P. Storm Drain The workmanship and materials included in the work prescribed for bid item 8 shall conform to sections 207 and 306 0£ the Stan- dard Specifications. The work for this bid item shall include the trenching operations, the laying of pipe and backfilling of the trench as specified. Payment ' The unit price bid per lineal foot shall include all labor, materials, tools and equipment for the installation of R.C.P., and no additional compensation shall be made. 1 -28 The workmanchip _.nd materials included in tl:e work prescribed ' for bid item 4 shall conform to Sections 200, 203, 301, 302 and 400 of the Standard Specifications. The work for this bid item shall include the placement of asphalt pavement of variable thickness as ' shown on the improvement plans. Payment ' The unit price per square foot shall include all labor, materials, tools and equipment for the placement of asphaltic concrete overlay ' as specified, and no additonal compensation shall be made. BID ITEM 6 - Furnish and install Redwood Header The workmanship and materials included in the work prescribed for bid item 6 shall conform to Sections 204 and 305 of the Standard Specifications. The work for this bid item shall include the in- stallation of a 2" x 6" redwood header as specified on the improve- ment plans. ' Payment The unit price bid per lineal foot shall include all labor, materials, tools and equipment for the installation of the 2" x 6" ' redwood header as specified, and no additional compensation shall be made. ' BID ITEM 7 - Furnish and Install Guide Markers The workmanship and materials included in the work prescribed for bid item 7 shall conform to Orange County Standard Plan No. 402. The.work for this bid item shall include the installation of the guide markers as specified on the improvement plans. ' Payment The unit price per each shall include all labor, materials, ' tools and equipment for the installation of the guide markers as specified, and no additional compensation shall be made. ' BID ITEM 8 - Furnish and Install R.C.P. Storm Drain The workmanship and materials included in the work prescribed for bid item 8 shall conform to sections 207 and 306 0£ the Stan- dard Specifications. The work for this bid item shall include the trenching operations, the laying of pipe and backfilling of the trench as specified. Payment ' The unit price bid per lineal foot shall include all labor, materials, tools and equipment for the installation of R.C.P., and no additional compensation shall be made. 1 -28 ' BID ITEM 9 - Furnish and Install Junction Structure S ' T!ie workmanship and materisls included in the work prescribed for bid item 9 shall conform to sections 201 and 303 of the Stan- dard orcci_fications. The work for this bid item shall include the preparation of the earth and the installation of the junction structure as per standard drawing. Payment ' The unit price bid per each shall include all labor, materials, tools and equipment for the installation of the junction structures ' as specified, and no additional compensation shall be made. BID ITEM 10 - Furnish ani Install St^rm. Catch nasins ' The workmanship and materials included in the work prescribed for bid item 10 shall conform to sections 201 and 303 of the Stan- dard Specifications. The work for this bid item shall include the ' forming, shaping and pouring of the catch basins and parkway culvert as per standard drawing. 1 1 H 1 Payment The unit price bid per each shall include all labor, materials, tools and equipment for the installation of the catch basins and parkway culvert as specified, and no additional compensation shall be made. BID ITEMS 12, 13, 15, 16 and 24 - Water Line Installation The furnishing and installation of water line facilities shall be in accordance with the Standard Specifications and Plans of Orange County Waterworks District No. 4, dated November, 1974. Payment The unit price bid per each shall include all labor, materials, tools and equipment for the i:. :iallation of all water line facilities as specified, and no addition~. compensation shall be made. BID ITEM 14 - Import Fill The workmanship and materials included in the work prescribed for bid item 14 shall conform to section 300 of the Standard Speci- fications. The work for this bid item shall include furnishing im- port fill with 90 percent relative compaction. Payment The unit price bid per cubic yard shall include all labor, materials, tools and equipment for all grading, shaping and compact- ing as per improvement plans. -29- 11 BID ITEM 17 - Furnish and Install Street Lights The workmanship and materials included in the work prescribed ' for Bid Item 17 shall conform to Sections 209, 306 and 307 of the Standard Specifications. The work for this bid item shall include poles, conduit, conductors, pull boxes and service necessary to energize the lights. Payment The unit price bid per each shall include all labor, materials, tools and equipment for the installation of street lights as specified, and no additional compensation shall be made. ' BID ITEM 19 - Construct Electrical Trench The construction for the electric trench shall be in accordance ' with the San Diego Gas & Electr�.c Specifications for Distribution and Service Systems Constructic , dated November, 1975. The con- tractor shall coordinate the i.,_allation of a 2 -inch Southern ' California gas line. The contractor shall be notified three days prior to the gas line installation. 1F.P //00 Payment� ' The unit price bid per foot shall include all labor, materials, tools and equipment for trenching and backfilling as specified, and no additional compensation shall be made. BID ITEM 20 - Furnish and Install Telephone Manhole ' The furnishing and installation of telephone manhole shall be in accordance with Pacific Telephone's specifications. ' Payment The unit price bid per each shall include all labor, materials, tools, and equipment for the installation of telephone manhole as specified, and no additional compensation shall be made. BID ITEM 21 - Furnish and Install Telephone Conduit The furnishing and installation of 4 -inch telephone conduit shall be in accordance with Pacific Telephone Specifications. The following conduit shall be furnished and installed: Conduit Length 1 - 4" 46 L.F. 2 - 4" 10 L.F. 3 - 4" 9 L.F. 4 - 4" 318 L.F.- 5 - 4" 174 L.F. 6 - 4" 210 L.F. 9 - 4" 33 L.F. _ -30- — ' Payment The lump sum bid shall include all labor, materials, tools ' and equipment for the installation and no additional compensation. shall be made. ' BID ITEMS 22 and 23 - Furnish and Install Headwall and Rip -Rap Stone shall comply with Subsection 200-1.6, Stone for Rip -Rap, except cobblestones shall not be used. All stones shall be angular, ' each piece having its greatest dimensions not greater than three times its least dimensions. Stone shall comply with the test speci- fied in Subsection 200-1.6 except that specific gravity shall be not ' less than 2.62. Unless otherwise specified, the following gradation for general ' purpose use shall be used: % Lighter by Weight Limits of Stone Weight in Pounds 100 1,800 720 50 530 360 15 260 110 ' Thickness (T) - placed dry in non -turbulent flow locations = 33" placed under water = 48" ' placed dry in turbulent flow locations = 48" Placement tolerances for finished surface shall be plus or minus ' six inches from indicated lines and grades. If, gradation curve is re- quested by the Engineer, all points on individual grading curves ob- tained from representative samples of rip -rap stone shall lie between ' limits as defined by a smooth curve drawn through tabulated grading limits plotted on a mechanical analysis diagram. The grading curves within these limits shall not show abrupt changes in slope denoting skip grading, scalping of certain sizes of other irregularities which ' would be detrimental to proper functioning of rip -rap stone. Gra- dation testing shall be performed by an approved testing laboratory on samples selected by the Engineer, at the Contractor's expense. ' Stone shall be placed directly on prepared earth subgrade or area unless rock filter blanket or filter fabric is specified or shown on the plans. Each load of stone shall be reasonably well graded from the smallest to the maximum size specified. Stones smaller than the specified 15 percent size and spalls will not be permitted in an amount exceeding 15 percent by weight of each load. Stone for rip - rap shall be placed in a manner which will produce a reasonably well - graded mass of stone with the minimum practicable percentage of voids. The entire mass of stone shall be placed in conformance with the lines, ' grades and thicknesses shown on the plans. Rip -rap shall be placed to its full course thickenss in one operation and in a manner to avoid displacing the underlying material. Placing of rip -rap in layers by ' dumping into chutes or by similar methods likely to cause segregation, will not be permitted. Self-propelled equipment shall not be used on embankment slopes. -31- ' The larger stones shall be well distributed, and the entire mass of stone shall conform to the gradation specified. All material going into rip -r. a:) r.rotecticn shall be so pleced and distributed that there will be no large accumulations of either the larger or smaller sizes of stone. It is the intent of theses acifieations to produce a fairly compact rip -rap protection in which ail sizes of material ' are,placed in their proper proportions. Hand placing or rearranging of individual stones by mecPanical equipment may be required as necessary to secure the specified results. ' Payment ' The unit price bid per each shall include all labor, materials, tools and equipment for the installation of the headwall and rip -rap, as specified, and no additional compensation shall be made. ' B. Insurance and Overhead Costs T:ht contractor shall receive no direct compensation for ' insura, :: and overhead (move -in costs for example) costs. Accordingly, these casts should be prorated to the appropriate bid i ,2ms. ' C. Protection of Existing Utilities The Engineer has endeavored to show all existing utilities. The contractor must, however, take all due precautionary measures tto protect all of the existing utilities. D. Protection of Private Property ' The contractor must remain within the construction zone to the best of his ability. The contractor must protect all existing Iprivate property - 1 a -32-