17-0516_UNISPEC CONSTRUCTION, INC._Agenda Report_E12TO:
FROM:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
~ Siegel, City Manager
SUBMITTED BY: Steve May, Public Works and Utilities Director ,./lf4A._
PREPARED BY: George Alvarez, P.E., City Engineer
Joe Mankawich, Associate Engineer
DATE: May16,2017
5/16/2017
E12
SUBJECT : Consideration of Award of Contract for the San Juan Capistrano
City-wide Bikeway Gap Closure Project (CIP 11203) (Unispec
Construction Inc.)
RECOMMENDATION:
By motion,
1. Award and authorize the City Manager to execute a contract to Unispec
Construction Inc. in the amount of $198,000 for construction of the City-wide
Bikeway Gap Closure Project (CIP 11203); and,
2. Authorize the City Manager to approve contract change orders not to exceed
1 0% of the contract amount.
EXECUTIVE SUMMARY:
The City's Fiscal Year 2016-2017 Capital Improvement Program includes the City-wide
Bikeway Gap Closure Project (CIP 11203). The Project entails improvements to the
City's bike lanes in five locations shown on Attachment 1 to promote increased bicyclist
ridership and safety. The improvements are mostly signing and striping. On April 13,
2017, the City received one bid for the Project (Attachments 2 and 3). The bid amount
falls within the budget for the Project. Staff has evaluated the bid and the contractor's
previous work experience, and is recommending that the City Council award a contract
(Attachment 4) to the responsible bidder, Unispec Construction Inc., in the amount of
$198,000. It is also recommended that the City Manager be authorized to approve
change orders up to 10% of the contract amount.
City Council Agenda Report
May16,2017
Page 2 of 3
Work on the Project is scheduled to commence by June 1, 2017, and it is anticipated
that the work will be completed by the end of September.
FISCAL IMPACT :
The Fiscal Year 2016/2017 amended CIP Budget includes $553,000 for the Project,
which is mostly grant funding. The City received an Active Transportation Program grant
for the Project through Caltrans and a Clean Transportation grant through the Orange
County Transportation Authority. After award of the grants, the scope of the project was
reduced to the extent that the total expected cost of the project is now only $310,000.
First, the extent of the project was reduced by recommendation of the Trails and
Equestrian Commission and approval of the City Council. Second, a portion of the bike
trail was subsequently built by the Oaks development. Thus, it is expected that there will
be $243,000 left over in the budget, most of which will be unused grant funds that
cannot be appropriated for other uses by the City.
ENVIRONMENTAL IMPACT:
This Project has been reviewed in accordance with the California Environmental Quality
Act (CEQA). It has been determined that the Project is categorically exempt from further
review under CEQA Guidelines Section 15301 (c) (Class 1 "Existing Facilities"). The
Project is consistent with Section 15301 (c) because the Project, which is primarily
signing and striping of an existing street, will involve negligible alteration of the existing
street.
PRIOR CITY COUNCIL REVIEW:
• On September 17, 2013, the City Council approved an application
requesting grant funds from the Orange County Transportation Authority
Bicycle Corridor Improvement Program.
• On December 17, 2013, the City Council approved a Personal Services
Agreement with Environmental Intelligence for preparation of CEQA
documents for the East Open Space Trail/Bikeway Gap Closure Project (CIP
11203).
• On April 7, 2015, the City Council approved an amendment to the Personal
Services Agreement for the environmental review for the East Open Space
Trail/Bikeway Gap Closure Project (CIP 11203). Staff provided an update on
the funding for the Project.
• On August 18, 2015, the City Council approved the Supplemental
Agreement with Caltrans for funding the design of the East Open Space
Trail/Bikeway Gap Closure Project (CIP 11203).
• On March 1, 2016, the City Council adopted a Resolution certifying that the
City has the resources to fund the projects submitted for inclusion in the 2017
Federal Transportation Improvement Program, including the Citywide Bikeway
City Council Agenda Report
May16,2017
Page 3 of 3
Gap Closure Project and confirming the City's commitment to implement the
projects submitted in the program.
• On September 20, 2016, the City Council approved transfer of $109,000 from the
City-Wide Bikeway Gap Closure Project (CIP 11203) to a new project, the East
Open Space Trail (CIP 17202).
• On October 4, 2016, the City Council awarded a contract for· design of the
Project.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMM ENDATIONS :
• On June 3, 2015, the Trails and Equestrian Commission set its priorities for
the upcoming fiscal year. The Commission put the East Open Space
Trail/Bikeway Gap Closure Project (CIP 11203) on its list of priorities.
• On October 5, 2015, the Trails and Equestrian Commission requested that
an onsite tour of the East Open Space Trail Alignment be set for their next
meeting.
• On November 5, 2015, the Trails and Equestrian Commission held an onsite
tour of the East Open Space Trail Alignment and made comment and
recommendations regarding the trail alignment.
• On April 4, 2016, the Trails and Equestrian Commission made a
recommendation to City Council to approve the East Open Space Trail
Alignment A plus A-1, through the Riding Park.
• On September 19, 2016, an update on this Project was presented to the Parks,
Recreation, Senior and Youth Services Commission and the Trails and
Equestrian Commission as a "receive and file" item.
NOTIFICATION :
Unispec Construction Inc.
Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission
ATIACHMENTS:
Attachment 1: Location Map
Attachment 2: Bid Opening Report
Attachment 3: Bidder's Proposal
Attachment 4: Construction Contract
Attachment 5: Plans and Specifications (available for review in the City Clerk's Office)
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San juan Capistrano
• /
LEGEND
,. " FREEWAY
=
•
BFCBEA!ION TRAILS
B~E LANE CLASS II 6 7 MILES
lfo(ll" •OU'Rl Q.AJ" • o• uu•
~GIIC'I'(I.I'I",UU
C~RENT BikEWAY GAP CONNECT ION PROJECTS
FUTURE BIKEWAY GAP CONNECT ION PROJECTS
Bike Facilities -Existing and Proposed
SJC RECREATIONAL TRAIL SYSTEM
Attachment 1
1 of 1
B id Opening Report
Bids Opened _A...;,~p,;..;.r.:.:-.il _1 ~3,~2:....:0__,;,.1 _7 ____________ at 2:00
Project Title CIP 11203 -City Wide Bikeway Ga p Closure
Joe Mankawich, Associate
Proje.ct Engineer Engineer Pre Bid Estimate $200,000 .00
p.m.
Bidder Bid Amount Bid Bond/Addenda?
1.
2.
3.
4.
5.
6.
7.
8.
Sign
Unispec
cc : City Clerk Staff (3)
Project Department (3)
lq&lcoo ,cO t4 9 1~,coo. oo
$
$
$
$
$
$
$
Date
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The above bid amounts have not been checked. The bid totals are subject to correction
after the bids have been completely reviewed. Attachment 2
1 of 1
QO 41 43 -BID FORMS
1.1 Bid.
Bids will be received at the City of !San ~uan Capistrano Administration Office, 32400 Paseo
Adelanto, San Juan Capistrano, California, until5:00 PM on April13, 2017.
NAME OF IBIDDER: ()IJl~fE-c.._ ~N SitR..VC...IiO N , 1 NC....
To the Honorable City: Cqulilcil
of the City of San Jua~ C~p,istrano
32400 Paseo Adelant~
San Juan Capistrano,;califCDrnia 92675
The undersigned hereby declare th~t w.e nave carefully examined the location of the proposed
Work, and have read and examined ~he : Contract Documents, including all plans, specifications ,
and all addenda, if any for the followihg Project:
I
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SAN JUAN CAPISTRANO QITY-WIDE BIKEWAY GAP CLOSURE (CIP 14502)
We hereby propose to furnish all labor , materials, equipment, tools, transportation , and services,
and to discharge all duties and oblig f tlons necessary and required to perform and complete the
Project, as described and in strict co nf.o rmi ty with the Drawings, and these Specifications for
TOTAL BID PRICE indicated herein .
The undersigned acknowledges re c~i p t t,mderstanding, and full consideration of the following
addenda to the Contract Documents:
Addenda No. __ !..""--__ LA:....__.-jfj_"A_a.\_e;_o_)..__ ______ _
1. Attached is the required Bid q;u~rantee in the amount of not less than 1 0% of the Total
Bid Price.
2. Attached is the completed De$igoation of Subcontractors form.
3. Attached is the fully executed iNoncollusion Declaration form.
4. Attached is the completed lram Cpn~racting Act Certification form.
5. Attached is the completed Pul;>lic!Works Contractor Registration Certification form .
6 . Attached is the completed Contractor's Certificate Regarding Workers' Compensation
fonn.
7. Attached is th.e completed Bidder 1'1formation and Experience form.
-16-BID FORMS
Attachment 3
1 of 27
A. BID SCHEDULE
:~NITOF EST. UNIT ITEM
NO. ITEM DESCRIPTION MIEASURE QTY. PRICE COST
1. Alipaz Street Signing and LS 1
Striping and ~2.w,ooo AC Ramp Improvements ZJQ,ooo
2. Camino Capistrano Signing LS 1
and Striping I i41000 ~pi Jh ooo
3. La Novia Road Signing and LS 1
Striping and
AC Improvements &'!i,ooo ,~(v5,-000
4. Rancho Viejo Road Signing
I
LS 1
and Striping, Wood Fence
Installation and 1+,ooo ~74,000
Grind and Over1ay I
5. Trabuco Creek Road I LS 1 ~ltl,ooo Signing and Striping I l<1,ooo
TOTAL I
I 118,006 ~ \(1~,000
UNIT OF EST. UNIT ITEM
NO. ALTERNATIVE BID ITEM I fr.'E;ASURE QTY. PRICE COST
DESCRIPTION
1. Descanso Park Bike II LS 1 J zo. o oo Comfort Station II 20,000
The Award will be based on the low bid ~f ~e main items.
The costs for any Work shown or required in the Contract Documents, but not specifically
identified as a line item are to b~ included in the related line items and no additional
compensation shall be due to Contra~to~ for the performance of the Work.
In case of discrepancy between the Wnit Price and the Item Cost set forth for a unit basis item,
the unit price shall prevail and sh~ll be utilized as the basis for determining the lowest
responsive, responsible Bidder. However, if the amount set forth as a unit price is ambiguous,
unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the
"Item Cost" column, then the amount ~et forth in the "Item Cost" column for the item shall prevail
and shall be divided by the estimate~ quantity for the item and the price thus obtained shall be
the Unit Price.
For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit
prices and any apparent errors in the ;addition of lump sum and extended prices.
The estimated quantities for Unit Price items are for purposes of comparing Bids only and the
City makes no representation that the actual quantities of work performed will not vary from the
-17-BID FORMS
Attachment 3
2 of27
estimates . Final payment shall be de~errnined by the Engineer from measured quantities of work
performed based upon the Unit Pric~.
B. TOTAL BID PRICE:
TOTAL BID PRICE BASE[l> ON BID SCHEDULE TOTAL OF UNIT PRICES
FOR SAN JUAN CAPISTRANq CITY-WIDE BIKEWAY GAP CLOSURE (CIP 14502)
$ 2..1 e, 0()0 ~cJo
T9tal iBip Price in Numbers
$ lwD t \U ND&iSD Eit,HTC:EN '"~HC>J$AND DQL-LJ\R.~>·
Tota) Bid Price in Written Form
In case of discrepancy between the wri~ten price and the numerical price, the written price
shall prevail.
The undersigned agr.ees that this Biq Fc:>rm constitutes a firm offer to the City which cannot be
withdrawn for the number of calend~r d~ys indicated in the Notice Inviting Bids from and after
the Bid opening, or until a Contract for t,he Work is fully executed by the City and a third party,
whichever is eartier. :
The successful Bidd~r hereby agrees to sign the contract and furnish the necessary bonds and
certificates of insurance within ten ~10) working days after the City provides the successful
Bidder with the Noti~ of Award.
Upon receipt of the signed contract ar,1d other required documents, the contract will be executed
by the City, after which the City will prepare a letter giving Contractor Notice to Proceed . The
official starting date shall be the date 1of the Notice to Proceed, unless otherwise specified. The
undersigned agrees to begin the Worik witt:lin ten (10) working days of the date of the Notice to
Proceed, unless otherwise specified.
The undersigned has examined the ~ location of the proposed work and is familiar with the
Drawings and Specifications and the l~cal c;onditions at the place where work is to be done.
If awarded the contract, the undersigr,ed 1 agrees that there shall be paid by the undersigned and
by all subcontractors to all laborers, wor~ers and mechanics employed in the execution of such
contract no less than the prevailing wage rate within Orange County for each craft,
classification, or type of worker needed to complete the Work contemplated by this contract as
established by the Director of the Department of Industrial Relations. A copy of the prevailing
rate of per diem wages are on file at ttlle City's Administration Office and shall be made available
to interested parties upon request.
-18-BID FORMS
Attachment 3
3 of27
Enclosed find cash, Bidder's bond, 1or cashier's or certified check No. from the
-Bank in the amount Qf \0% or I H € loTA.L P,!D , wh ich is not
less than ten percent (10%) of this B d , payable to City of San Juan Capistrano as Bid security
and which is given as a guarantee th ~t the .undersigned will enter into a contract and provide the
necessary bonds and certificates of irjsutance if awarded the Work.
The Bidder furthermore agrees that In qase of Bidder's default in executing said contract and
furnishing required bonds and certific'ates of insurance, the cash, Bidder's bond, or cashier's or
certified check accompanying this Bidt a d the money payable thereon shall become and shall
remain the property of the City of San i Ju r n Capistrano .
Bidder is an individual , or co rpora ion / , or partnership , organized under
the laws of the State of CALIFoRN' A
Bidder confirms license(s) required by 9aliforn ia State Contractor's License Law for the
performance of the subject project are in full effect and proper order. The following are the
Bidder's applicable liQense number(s), w(th jtheir expiration date(s) and class of license(s):
k 1 L.. fl & I -~ o·~C\ C,L .. I\':7s A 1 ·B , c.. 10 , c :>·"$, c 3 c,
(> • !..--, I f!?'s I R.A o />1. DA."JJ:;: : A,\X_.,V$1 ?2 . ;?..-0 1 7
I
If the Bidder is a joint venture, each rnerpber of the joint venture must include the required
licensing information.
Sureties that will furnish the Faithful Peiformance Bond and the Labor and Material Payment
Bond, in the form specified herein, in a11 amount equal to one hundred percent (100%) of the
contract price within ten (10) working oa~s from the date the City provides the successful Bidder
the Notice of Award. Sureties must meet ~II of the State of California bonding requirements, as
defined in California Code of Civil Proced1,1re Section 995.120 and must be authorized by the
State of California.
The insurance company or companies tp provide the insurance required in the contract
documents must have a Financial Strengt~ Rating of not less than M A-• and a Financial Size
Category of not less than MCiass VII" acc?rding to the latest Best Key Rating Guide. At the sole
discretion of the City, the City may w~ive the Financial Strength Rating and the Financial Size
Category classificatioms for Workers' Gompensation insurance.
(signatures continued on next page)
-19-BID FORMS
Attachment 3
4 of27
I
I hereby certify under penalty of perJury urder the laws of the State of California that all of the
information submitted in connection ~ith t is Bid and all of the representations made herein are
true and correct. ·
Executed at SA N Pc'DRD I on this \ "l"'day of APRIL-I "2-D1.?
(Bidders Name-Print or Type)
J~ ~R ~ P~~tD~T
(Name and Title)
(Corporate Seal)
. .J~~
(Signature)
Names of individual members of firm or n~mes and titles of all officers of corporation and their
addresses are listed below:
;T itle Pg..e-st;pc;,'-l ·r
Complete Address (f.?"Z..\ vJ . Z.?TH ST. tl rr<e. S AN Pe.Dt<.D c..A 9.01 '32.
i I
Phone (310) 7oo .ose,o FAX (4.24) 7 7 2 -~210
Name ..JA L.t& b\A B e;.g_ Title. __ v~\.;_;c. __ £==·--=-f'-=-~-E__;;S....;I-=:DE:...=·=--N.:....I..:...._ ___ _
CompleteAddress \ta2:\ W • 2-511-1 St ., #17l,, .SAN PE.l>JC6 .CA ':\07 32_ •
Phone (:?,to) 500 -o58o FAX (4.24) 77 2 -iP210
Name J A-t .JtC t\A~EJ?.. :Ti~le sc:z.g.E.1A. f?...'f
Complete Address l~i2..\ vJ • 2-~ 5T, &'11(.,, ~At-.! Pe::D·~o, CA q07~2
Phone (3 0 ) Scr; ... o S Sa FAX <.f.z4 ) ']7 2-(p2 70
Name .lACK. l:-\ABE: e._ Title __ !JJ......t::f?.EA==S~tJ =g.s:::llo::::.!.R-..:;;.._ ______ _
Complete Address llvl-1 vJ J.-:GJT~ S'"t. I # \ 7<.:. I SAN. ee D ~0 I c.A q OT3 L
Phone (? 10) 500 .-oS}3Q FAX (424=) ] 12-iP7-1D
-20-BID FORMS
Attachment 3
5 of27
BOND ISSUED IN DUPLICATE
1.2 Bjd Bond
[Note: Not required when other form of Bidder's Security, e.g. cash, certified check or
cashier's check, accompanies Bid.)
The makers of this bond are, Unl spec Constructi on Inc. , as
Principal, and I nde m ni t y Com p any of Ca li fomia , as Surety
and are held and firmly bound unto the City of San Juan Capistrano, hereinafter called the City,
in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal
submitted to CITY for the work described below, for the payment of which sum in lawful money
of the United States, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents .
THE CONDITION OF THIS OBLIGAT ION IS SUCH that whereas the Principal has submitted
the accompanying Bid dated Apri l 13th . 20 _!Z_, for SAN JUAN CAPISTRANO CITY-
WIDE BIKEWAY GAP CLOSURE (CIP 14502)
If the Principal does not withdraw its Bid within the time specified in the Contract Documents;
and if the Principal is awarded the Contract and provides all documents to the City as required
by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will
remain in full force and effect.
Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents shall in affect its obligation under
this bond, and Surety does hereby waive notice of any such changes.
In the event a lawsuit Is brought upon this bond by the City and judgment is recovered, the
Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable
attorneys' fees, court costs, expert witness fees and expenses.
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their
several seals this 6th day of April , 20.J1...__, the name and corporate seal of
each corporation.
(Corporate Seal)
(Corporate Seal)
(Attach Attorney-in-Fact Certificate)
-21-
Unispec Construction Inc.
Contractor/ Principal
By...).~~
BID FORMS
Attachment 3
6 of27
Notary Acknowledgment
A not ary public or other officer comp letln g this certincate
ve rines only the idenlily ol the ndividual who signed the
document to which th is certifica te Is att ached, anc:l nol the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ------
On _______ __. 20_, before me,-------------·· Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signa lure ol Notary Public
OPTIONAL
Though the information b~tlow Is not required by law, it may prove valuable to person:s relying on the aoc11ment
and could pr~tVftnt fraudulent removal and r&altechment of this form to another docllmtml.
CAPACITY ClAIMED BY SIGNER
, Individual
: Corporate Officer
DESCRIPTION OF ATTACHED DOCUMENT
Title(s) Tille or Typo of Oocurruml
; Partner(s) Limited
• Attorney-In-Fact
Trustee(s)
• Guardian/Conservator
'Other:
Signer is representing :
Name 01 Person( a) Or Enllty(las)
General Nurnbor of Pagos
Odlo ot Documonl
Slgnor(c) Olhor Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to
local representatives of the bonding company must also be attached.
END OF BID BOND
-23-BID FORMS
Attachment 3
7 of27
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA }
Countym _O~m~ng~e~-----------------------------
personally appeared Yun T. Mullick --~~--~~---------------..N~am=e~~~)odf~Si~==~T-(s')---------------------------
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowled!;Jed to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted , executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of Californ ia that t1 foregoing paragraph is true
and correct.
OPTIONAL
Though the information below Is not required by lav,t1 it may prove valuable to persons relying on the document
and could prevent fraudulent removal ana reattachment of the form to another document.
Description of Attached Document
Title or Type of Document: ...:B::..:;id.::...::B;..:o..;.;nc:;.;d ____________________________________________________ __
Document Date: .!.A!I:p:!.!ri:!..;l 6~·...!:2~0~1 .!..7 ______________________ _ Number of Pages: -=2=---------------
Signer(s) Other Than Named Above: -'-N""o"""no:::e~------------------------------------------
Capaclty(les) Claimed by Signer(s)
Signer's Name: Yung T. Mullick
0 Individual
0 Corporate Officer --Title(s): ----------------
0 Partner 0 Limited 0 General
~ Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:------------
RIGHl HLI \lBPRI~J I
Jr )I ()NF::f-
Top of thumb here
Signer's Name: -------------------
0 Individual
0 Corporate Officer -Tttle(s): --------------
0 Partner 0 limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other: -----------
Signer Is Representing:
Rll;Hl iHIIHRPR i f~T
.J f .• 11 ,[~t"'
Top of thumb here
Attachment 3
8 of27
POWER OF ATIORNEY FOR
DEVELOPERS SURETY ~NO INDEMNITY COMPANY
INDEMNITY COMPANY OF CALifORNIA
PO BoK 19725, IRVINE, CA 92623 (949) 263-3300
I<NOW ALL BY THESE F'RESENTS that except as ezpmasly ~miled, DEVELOPERS SURffi AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each
hereby make, conslllute and appoint·
•··vung T. Mullick, James W. Moilanen, Christine T. Hoang, jointly or severally .. •
as their true and lawful Attomey(s)-111-Fact. to make, execute. deliver and acknowteclge , for and on bellalf ol said corporalioos . as sureties, bonds. ulldertaklfJi!S and COillr8cts of
suretyship giving and gfllnting unto said AttomeytsHn-Facl tuB pewer and authority to do and to pelforrn evefY BC! neces&ary, reQUisite or propel to be done In connection !herewith as
eactJ ol said corporations coold do, bul reseMng 10 eacll ol said corporatiOilS full power of substitution and revocation. and all ollt\e acts of said Altomey(sHn-fact. pursuant to lllese
present!. are hereby ratllieO and CXlllflrmed.
This Powe~ o1 Anomey is granted and is signed by facsimile under and ~ authority of the following resolutions aeloplad by lhe respeclive Boards of Dlrec:IDrs ot DEVELOPERS SURETY
AND INDEMNITY COMPANY aM INDEMNITY CefM>ANY OF CALIFORNIA, e/ledive as ol January lsl 2008
RESOLVED. lllal a cornbiMtiOn ol any two of the Chamnan of the BOIU'd . lhe President. Executive V~Ge-Presidenl Senior Vtee-Presidtlnt or any V~ President or the
corporatJons be, and that eacl1 of tllern hereby is, authorized to ex acute this Pcwer ol Allomey, q\jellfying the anorney(s) named in the Power at Attorney to execute, on beha~ olllle
corporations. bonds, undertakmgs and oontracl$ ol sul'lltysh\p: and that the Secretclrt or any Assistant Secreta~ of either ollhe COI'pOflltiOOS be. and each ol them hereby is. aulholized
to attest the execubofl of any such P(1Ner ol AltOmey;
RESOLVED. FURTHER, thai tile 8ig1l8!1183 of such officers may be affixed 10 any suctl PO'Mir ol AIIOm8y or to BIIY oertlficale rulaling thereto by fscslmle, and any such
POM!r of Attomey or certificate bearing suclllacsimh slgna~res shall be vaid and binding upon the a>l'll0f8110f\5 when so alll•ed end In lhe lutunt wflh l8lpad 1o any bond, under1Bking
or contract of suretyship to which rt 1s 11nached
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFOANIA have severally caused lhese pn!SI!niS 10 be sgnlld by
their respec:1M! omcers and atlestod by !heir mspec:Uve Secrelary or Assistant Secrelllry this 6111 day of February, 2017.
By ~~
Daniel Young, Senior V~dent
By
A notary public or other otllcer <:Ompleting this certificata verifies only ltle Identity of the individual who efgned the
document to which thl& Obrtlftcatu ia attached , and not ltle truthfulness. accura • or validlt of that doettment.
State ol Catiforr11a
County of Orange
On __ Februa 6 2011
0..
peJSonally appeared ___ _
Piece Notary Seal Above
before me, ________ ---..!:'lu!J!!e~i:.!R~aymond~~· N~!lt!lly~~P=:ubf!;!!=-------~---,--
IMINBI..,_Inlf_,lllliiiOIIIr
Daniel y, and Malk LBilSdon
PYN(o) d S9W(sl
who proved to me on the basis or satisfactory evidence to be ll'le peBOO(s) whose neme(s) is/are suOO<:ribed
to the Within insiTumenl and acllllO'Medged to me ltlat he/she/they exawled the same in hls/her/Ulel authorized
capacity(ies). and that by his/hflrtlheir signatu~s) on the instntnent the peBOn(s). or the entity upon behall of
which lhe person(s) acted. executeo the instrument
I celtify under PENALTY Of PERJURY under lhe lllws of tile State ol California that the toregolrJil paragraph is
ITue and comiC t
WITNESS my hlllld 8M olfidal seal.
Slgnatu111
CERTIFICATE
The under.ugned , 115 Secretary or AsSistant Secnltsry of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPAN)' OF CAUFORNIA , does hereby
cer1Jfy that the lomgolng Powe~ ol Attorney remaina 1n lulllon:e and has not been re~okad and, lurthermore. 1hat me pi'INil!iollll ollhe resolutions cf 111e ~ve Boards o1 Oi~OIS of
said corpcqtio(ls sellorlh in the Power at Attorney 1111 In too:e as of the dsle olltris Certificate.
This CB!Iiftcate Is e.xetuted In the City ollrvine. Ca&lomiil. !hi!! 6th dayof April '2017
ATS 1002 (02117)
No. 5486
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FllANClSCO
Amended
Certificate of Authority
THIS IS TO CERT1PY, '11rol, purslll»flto the bt.surt~~~ce Code oflhe Sttllt t>/Califomia,
oflrvw, Cal{fomkl, orgtmlvtd IIIIIUr lhB 14WJ of California, subjrcr ro lu Anicl14 t>/ 111Ct>rporAiiotl or othn
f~al O'JanitPtiolllJl documelll.s, Is Mreby IJJdhorlwllo lrt.Jn.sacl within this Stat~, &llbj~CI to ~~
prolll&lou oj'thls Ctrti/kale, th.folwwing cltuses oflnsurliiiCe:
IU ttu:h cl4$$t¥ are IWW or may hereo,!t4r be dqiMd In IM IIWlfdiiCI Laws of the State of California.
TinS CBRTIFICA TB Is uprtuly condilion«l upon the holder hereof now ond hereafter being in
full compliance wUJa all, ONlMt in viokzlion of any, of the applictJbh ltlws tJnd 14wfol ~11ire1Mnt.r mtJtk
llllller audtorUy of riM lawt ofiM Stau of Cdlifomio a.r Ions a.r S~U:h 14ws or nqldrctll4nts tWill ~ct tiiUI
applicable, and a1 IIACh l4ws ®d requirements now IW, or may 'hemVkr be clumgtd or tuMradlti.
Fee
Ree.No.
$77.00
486211
10120189
IN WITNESS WHERBOF, (/fectlve a.r ofthllOtll day of Jun., 1991,/lr/Jve
lu"lllllo sttt my 1rtwl and coused my oJJiclaJ seal trJ be o,[fiMd thit
10th day of J~. 1~1.
John Oaramendi
lll.ffUrlltte~r
Vic:loria S. Sidbury
Dq.ty
I. the undersigned ln.rurance CommustoMr oftht Suue ofCaUfomla. tkJ lu!r"tby certifY rlllU T have
compared the above copy ojCertifiC61e of Aullwrily wilh the dl4plicate of orlginal110w on file in my office,
and tllat the some Is a full, trut!, tJJid correct trOJLScrlpt tMreoj. tllld oflhe wliole ()f .1aid duplicat~, and said
Cerri/iC4k of Awhorir,y is now in full force and tiff~cl.
IN WITNESS WHEREOF, I h4~~« hcre&IIIID set my luwlDNl CtliiSed my
ojficial.s~lll 10 be qffiud this 29th day of JtUJe, 2000.
Chuck Quackenbush
}IIIIIS'fJIIUC.....WI()n.tr
~~ ))"'w~
Pauline D'Andrea
lN#ffll1
Attachment 3
10 of 27
• . I • ~ ·... . . . . . ~ . .. ' . .. . .. ... . . ' . ~
... : . ·. ·.· -· ..
'. . .. ~.. :. . . ..:; . .. '
I _.'-. •'
:-:.
... --
... ::
/
•.
For use for CA Notary Acknowledgment only:
A notary public or other officer completing
this certificate verifies only the identity of
the Individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of
that document.
.;.
-. ...:;-.
:I
State of· C~fomla . ·
9ou ntyof Lo;;. .Q'h(!)e(e. 5
On 4-II-2o 11 before ·~{here Insert name and title of officer), -; ,\ ·
personally appeared c. who proved to me on the basis of ..
satisfactory , evidence to be the persort(4 whose name~ s/are subscri~ed to the attached ! ·:
' , [name of .document] Instrument and acknowledged J.o~me that
e he/they executed the same In <lil$?he r/thelr authorl~ed capaclty{letj, and that bylbl /her/their : ,;
_signature~ on· the Instrument the pe~on~ or the entity upon behalf of which the pers (.s'J acted ·
executecfttie lristrumenl · . . . .
I certify under PENALTY. OF PERJURY l)nder the laws of. ~e State of California that the foregoing
paragraph Is true and correct.
WIT~~nd ~t
. ~~~-~-~-~rCA ~?t~ry· Jurat only:
A nota J3U.Q\Ic or other officer completing
this. certl(icate\7erifl~only the Identity of
tne individual who slgne'd h.~ document to
which this certificate is altachEiCI~ d not
the truthfulness, accuracy, or validity 0
that document.
State of California
:
County of-,----,------
. subscribed and sworn to (or affirmed) before me on this--day of I 20_1 by
· ; proved to me on the basis of satisfactory evlde to be the person(s)
who appeared before me.
Seal.....--________ _
Signature _-_______ _
...
Attachment 3
11 of 27
'· I .,
'
. '
I t. ~·~~··,.·:-:~~ .• ~ '
1.3 List of Subcontractors
In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4
(commencing at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of
California and any amendments thereof, Bidder shall set forth below: (a) the name and the
location of the place of business, (b) the, California contractor license numbe r, (c) the DIR public
works contractor registration number, arj d 1(d) the portion of the w or1< which will be done by each
subcontractor who will perform work or 1'\lbor or render service to the Bidder in or about the
construction of the work or improvertler)t to be performed under this Contract in an amount in
excess of one-half of one percent (0..5%) !Of the Bidder's Total Bid Price. Notwithstanding the
foregoing, if the work involves the construqtion of streets and highways, then the Bidder shall list
each subcontractor who will perform work or labor or render service to the Bidder in or about the
work in an amount in excess of one-halfofl one percent (0.5%) of the Bidder's Total Bid Price or
$10,000, whichever is greater. No a~dltional time shall be granted to provide the below
requested information.
If a Bidder fails to specify a sub~orytr~ctor or if a contractor specifies more than one
subcontractor for the same portion of Vl(Ork, then the Bidder shall be deemed to have agreed
that it is fully qualified to perform that pomicm of work and that it shall perform that portion itself.
Work to be Name of done by Subcontractor Subcontractor
FEIVCG/ UNt"T£CH
D ~SeAN !i.O rARt< WtJSI•
BlK.e COtAfiJRr ~ \ZD ut; I tJ C..
SfAiiON
ST{{tPirJ 4 C.-tit\ \Sf' CiJ,
AC-
PAVlNC..,; t-f'c.. PAv/tJ~
C... R \N'.t>l rJ ~ C.0 .1 !NC·
0 JBf:. L-A f
CSLB
L,ocation of Contractor
ausiness License No.
I
~'.J.\c Rrv\At-\ C1t5)518
o~~s
CA
I
-r;w ;of"\IN t...T ON 314-(oQJ
C--~
60NtAI'Jb 10)/.:JciS
C.. A
-24-
DIR
Registration %of
Number Work
roooo2oo3q
IZ..%·
IDOOOOD'~D/p (I" z..o lo
1Mao}~:2.DJ !lot,,
BID FORMS
Attachment 3
12 of 27
Work to be I CSLB
done by Name of tca~ion of Contractor
Subcontractor Subcontractor usmess License No.
I
I
!
I
I
.. (Attach add1t1onal sheets If necessary)
NameofBidder UIJJ6f2.C Gor,J$n~uc..-noN, \NC.·
I
Signature .1~ \-k~
Name and Title .JAC¥--\j:A'BBI2.. -P~esr DEN'T
Dated 4 /\3 / 2 ... on
'
-25-
DIR
Registration %of
Number Work
BID FORMS
Attachment 3
13 of 27
1.4 Bidder Information and Experience ! Form
ARTICLE 1. INFORMATION ABOI!JT BIDDER
(Indicate not applical!lle ("N/A") wherE! app~opriate.)
NOTE: Where Bidder is a joint venture ~ pages shall be duplicated and information provided
for all parties to the joint v~nture.
1.0
2.0
3.0
Name of Bidder: VNtS'Psc. C.oN51t~ ·rtoN 1 t tJC.·
Type, if Entity: _5.::..'----,:,w=· ~R~R""'O:....a&.=:..A...:....·t~Ou.N.~-------
Bidder Address: ! 4t 2:-\ w 1 7--7'"+1 -::,-r ' I #I'? to
~AN P£pg.p CA '\ o 73 ·z..
I p
Facsimile Number Telephone Number
. .1A£.K.uN.f 6 Pa~c4 HA 1 L . C.OM.
Email Address
4.0 How many years has ,Biqd~r·s organization been in business as a Contractor?
7='! '/ E:.AR.S
5.0 How many years has :Bidder's organization been in business under its present
name? fo-1 '{ E::ARS
5.1 Under what oth.er: or former names has Bidder's organization
operated?_+tJ~/Ac::l----------------
6.0 If Bidder's organization 1 is ~ <fOrporation, answer the following:
6.1 Date of Incorporation:: NO\/E.Yt.BE;R ,qqo
6.2 State of Incorporation: c.A l-\FD~N\A
6.3 President's Name: ~~U<.. \+ABe~
6.4 Vice-President's Name(s): ..J~U<-. \=\A 'BE-12..
6.5 Secretary's Name: ~ \-\A-Beg.
6.6 Treasurer's Name: .JM_y:_ \-\AB~
61147.02100\20950242.3 -26-00 41 43-BID FORMS
Attachment 3
14 of 27
7.0
8.0
9.0
10.0
11.0
If an individual or a p~rtner$hip, answer the following :
7.1 Date of Organization : _ _J.N~/wA~------------
7.2 Name and addre~s of all partners (state whether general or limited
partnership):
If other than a corpora~ion or partnership, describe organization and name
principals :
List other states in which ~idder's organization is legally qualified to do business.
What type of work doe~ the ,Bidder normally perform with its own forces?
C ONC.R.siE , c?iEN.ERAL BLD~.1 <3eNe:IZAL eN"'IlJE ER!N4,
I
E:LGc..--r 'c ' CAL . PA.iN'T\tJ~; SiCatJA~E: ANO on-\ e::R. M Jsc..WORK
'I I ~ t
Has Bidder ever failed tQ c;omplete any work awarded to it? If so, note when,
where, and why:
12.0 Within the last five years, hC!s any officer or partner of Bidder's organization ever
been an officer or partner of another organization when it failed to complete a
contract? If so, attach a s~p~rate sheet of explanation:
N O .
13.0 List Trade References :
61147.02100\20950242.3 -27-00 41 43-BID FORMS
Attachment 3
15 of 27
,..,--...._
14.0 List Bank References ~apk1and Branch Address):
BANK OF AMcR\LA
t I q \ t SAN. Vi Lc;.NTG BL.v'D . I LoS AN4BLE:
CA,. ~oo4t:t
15.0 Name of Bonding Compa~y 1and Name and Address of Agent:
T\--\E-BoN 'D E-)(L}\ANC., e
Z4P:>Oo CHR.\SANTA DR . #14>0, HISS1ot4 Vi£.J(),c.A
C..l-'-~151\ NA: HO.A<~ q ~G\ I
[REMAINDER OF TH~S IP~GE INTENTIONALLY LEFT BLANK]
51147 .02100\20950242 .3 -28-00 41 43-BID FORMS
Attachment 3
16 of 27
I I
I
ARTICLE 2. LIST OF CURRENT I?R<pJ ~CTS (BACKLOG)
I
[**Duplicate Page if needed for listing a1 d ional current projects.**]
Project Descriptiol1 o Completion Date
Bidder'$ W~r~~"
NoNe-I
I I . I
1
i 1 l
.-I I
I I
I
I
I
' .
I I
i I
I
I 1
I
I
I
I
1
I
l I .
I I
I
I I
I I" l
I I
6114 7.021 00\20950242.3 I -29-
Cost of Bidder's Work
00 41 43 -BID FORMS
Attachment 3
17 of 27
ARTICLE 3. LIST OF COMPLETE~ ~R~JECTS -LAST THREE YEARS
I
[**Duplicate Page if needed for listing, addi,ional completed projects.**]
Please include only those projects wijich are similar enough to demonstrate Bidder's ability to
perform the required Work.
Project Description ! ofj
Bidder's 1 Wqr~
I
'"T'RA N6rf' S'/f:STE-M f=l.o..~~iU\."t'ION AiJD
!;\~NAi...E. IN ::~~J!f!_f.}"Et..l\b
C. \"Tf ~iDE C..J ~0 RA I"l Nt;w c..c.AJC. • C;.J I'B
P~sem RAMPS, Af'i,D A ;c:..
Uti_DcR4,f.!OVNf? v r u .... tlt~;..s ~.... 13 ·-I
TR ~N GI-\W07:[ K , AN 'D
CP ,-J"t>tJrf' 11'1 S.r Al.i.A ·t •0 fJ
I
t
I
I
I i I
I
l
I
I
'
61147.02100\20950242.3 -30-
Completion Date
z_ot5
Z..Ot5
-zA)tJ/zo 1+
Cost of Bidder's Work
'*' ·74-100(J
.$ z,tpO, ooo
.$ ~£0,.()00
00 41 43-BID FORMS
Attachment 3
18 of 27
I
ARTICLE 4. EXPERIENCE AND TEC~fr'ICAL QUALIFICATIONS QUESTIONN#:\IRE
Personnel:
The Bidder shall identify the key person mel to be assigned to this project in a management,
construction supervision or engineering papacity.
1. List each person's job title, name and lp rcent of time to be allocated to this project:
2. Summarize each person's specialized. e~ucation :
B.s. IN A~\-\ IT~C:.:Tl) ~£. v . 5. c.
3 . List each person's years of construction experience relevant to the project:
'61 '\.{GARS OF C::,KP'E.~I -N C-6 I cJ Ccy~~TI~\JcnorJ . I
ANT'> D ES\ l:J. N.,
Bidder agrees that personnel named In thi ~ Bid will remain on this Project until completion of all
relevant Work, unless substituted by P,e ~onnel of equivalent experience and qualifications
approved in advance :by the City . !
Changes Occur/ng Since Prequallflcatlop
If any substantive changes have occurredi since Bidder submitted its prequalification package
for this Project, Bidder shall list them b~low. If none are listed, Bidder certifies that no
substantive changes have occurred .
tJO(\)f..
61147.02100\20950242.3 -31-00 41 43-BID FORMS
Attachment 3
19 of 27
Additional Bidder's Statements:
If the Bidder feels that there is addition'al information which has not been included in the
questionnaire above, and which would c?.ntribute to the qualification review, it may add that
information in a statement here or on an!a ~tached sheet, appropriately marked:
I
I
ARTICLE 5. VERIFICATION AND EXE UTION
These Bid Forms shall be executed dnlylby a duly authorized official of the Bidder:
I declare under penalty of perjury ur:~de.r Jhe laws of the State of California that the foregoing
information is true and correct:
I
Name of Bidder \J N i S f'€ (_ COcl STK.uCt oN. I rJ C · I I
Signature .J~ \\=~
Name ____ ~~~~~udK~~k\~A~·~~~~-~~-----------------
Title fgz<; I t>E N L
Date 4 / \·~;-~o \ '1
61147.02100\20950242.3 -32-00 41 43 -BID FORMS
Attachment 3
20 of 27
1.5 Non -Collusion Declaration
The undersigned declares:
I am the ff'e5 DE?"N T
foregoing Bid .
of V#-.li 'SPE CO tJ STRUCT;my iAV , the party making the I I
The Bid is not made in the interest ofj dr on behalf of, any undisclosed person, partnership,
company, association, organization, o~ cbrporation . The Bid is genuine and not collusive or
sham. The Bidder has not directly or indirle ctly induced or solicited any other Bidder to put in a
false or sham Bid. The Bidder has no' dj rectly or indirectly colluded, conspired, connived, or
agreed with any Biclder or anyone else tr put in a sham Bid, or to refrain from Bidding. The
Bidder has not in al'ly manner, direetly o indirectly, sought by agreement, communication, or
conference with anyone to fix the aid p~·ce of the Bidder or any other Bidder, or to fix any
overhead, profit, or cost element of the Bi Price, or of that of any other Bidder. All statements
contained in the Bid are true. The Bipd ~r as not, directly or indirectly, submitted his or her Bid
Price or any breakdown thereof, or the ~o?tents thereof, or divulged information or data relative
thereto, to any corporation, partnershiP •. c p mpany, association, organization, Bid depository, or
to any member or agent thereof to effectu ,te a collusive or sham Bid, and has not paid, and will
not pay, any person or entity for such purppse.
Any person executing this declaratio,n on /behalf of a Bidder that is a corporation, partnership,
joint venture, limited liability company, li 'ited liability partnership, or any other entity, hereby
represents that he or she has full powe to execute, and does execute, this declaration on
behalf of the Bidder.
I declare under penalty of perjury un~er l t e laws of the State of California that the foregoing is
true and correct and that this de~ration is executed on 4 I I ~ I 'LD 1 [date], at
SAN eet>R.O [city], c..AL...tF~rJ A [state).
NameofBidder UN ISP c; CoNSTRL)C..T i ON 1
Signature ~\-!~:-....L--1
\
Name ____ J~~~8K=·~~~"~~B~~=·----~'------~
Title f g.,e;:.Sr D ·e,y. T
61147.02100\20950242.3 -33-
\ N c_.
00 41 43-BID FORMS
Attachment 3
21 of 27
1.6 Iran Contracting Act Certification
(Public Contract Code section 220 ~ et seq.)
As required by Calif0rnia Public Contra<l:t r ode Section 2204, the Contractor certifies subject to
penalty for perjury that the option c h ec~e below relating to the Contractor's status in regard to
the Iran Contracting Act of 2010 (Public C ntract Code Section 2200 et seq.) is true and correct:
ifrhe Contractor is not:
(1) identified on the curren~ ist of person and entities engaged in investment
activities in Iran preparep y the California Department of General Services in
accordance with subdivis!o (b) of Public Contract Code Section 2203; or
(2) a financial instruction th ~t extends , for 45 days or more, credit in the amount of
$20,000,000 or more to ~n t other person or entity identified on the current Jist of
persons and entities en ~a @ ing in investment activities in Iran prepared by the
California Department! of
1
Gr neral Services in accordance with subdivision (b) of
Public Contract Code Sect ion 2203, if that person or entity uses or will use the
credit to provide good~ or services in the energy sector in Iran.
0 The City mas exempted the C(ot1 tra cto r from the requirements of the Iran Contracting
Act of 2010 after making a p!Jb ic finding that, absent the exemption, the City will be
unable to ,obtain the goods aqd or services to be provided pursuant to the Contract.
D The amount of the Cont~act ayable to the Contractor for the Project does not
exceed $1,000,000. ·
Firm Name: UN IS PE.C.. ~t--1 ~~ RJ.Uc...l l ol--i. I ~c...
Date : ___ _I........!~.::.L.----'-------+~----'-
Note: In accordance with Public Contra c' ode Section 2205, false certification of this form shall
be reported to the California Attorney 1\' neral and may result in civil penalties equal to the
greater of $250,000 or twice the C ontra qt mount, termination of the Contract and/or ineligibility
to Bid on contracts for three years .
<Month> <Year>
Pipeline Project XXXX
61147.02100\20950242.3
-34-00 41 43 -BID FORMS
Attachment 3
22 of 27
1.7 Public Works Contractor Re
Pursuant to Labor Code sections 172~. and 1771.1, all contractors and subcontractors that
wish to Bid on, be listed in a Bid, or 1 e ter into a contract to perform public work must be
registered with the Department of I d strial Relations. See http://www.dir.ca.gov/Public-
Works/PublicWorks .html for addition$! info mation.
No Bid will be accepted nor any c~mtra t entered into without proof of the contractor's and
subcontractors' current registration with lth Department of Industrial Relations to perform public
work.
Bidder hereby certifies that it is aware 9f he registration requirements set forth in Labor Code
sections 1725.5 and 1771.1 and is curr;e tly registered as a contractor with the Department of
Industrial Relations.
Name of Bidder : UN IS P E. C. c.,CJ N Slt<...UC..T IQ N 1 I tJ c. ·
'
Bidder further acknowledges:
1. Bidder shall maintain ~ Cl(rr nt DIR registration for the duration of the project.
2. Bidder shall include th~ rlj!q irements of Labor Code sections 1725.5 and 1771.1
in its contract with su~c ntractors and ensure that all subcontractors are
registered at the time. o ~ id opening and maintain registration status for the
duration of the project.
3. Failure to submit this fort;n r comply with any of the above requirements may
result in a finding that the Bi is non-responsive.
Name of Bidder_....:U~t-.1:..:..1 ?::;.....!..'A..::.E.::..;:L=-::G=o ;..:.Nr .S=ri. . ..:..TFU)!.;;;.,=.;c.;;;...·r.:.....:...:l o=~ .:,_N.:..,.'---'-1-'N_c.._. _
Signature __ ....:....J=-~-=-_;__ _ _,_~.;..t_~ ___ • _[ ______ • ___ _
Name and Title._-=J -=-A....:c.v:-.::...· _ _,_H..:.;_A_;'B=-:::6C..:::..:.:;::....,I ________ _
oated ___ 4...:.r/_\....:..7_.:../....;..'J..D __ n;____~1 +-~--------
<Month> <Year>
Pipeline Project XXXX
61147.02100120950242.3
-35-00 41 43-BID FORMS
Attachment 3
23 of 27
1.6 orkers ' Com ensation.
I am aware of the provisions of section ~7 0 of the Labor Code which require every employer to
be insured against liability for w0rk'r ' compensation or to undertake self-insurance in
accordance with the provisions of tha~ ode, and I will comply with such provisions before
commencing the per!formance of the .work f this Contract.
Name of Bidder
Signature
Name
Title
Dated
<Month> <Year?
UtJ i S PGC... C.c?rJ SIRLJ C..:I i e>t--1. I (Jc..
I I I ~o--V-\--\~
-36-
Pipeline Project XXXX
61147.02100\20950242.3
00 41 43-BID FORMS
Attachment 3
24 of 27
ADDENUUM NO. 1
TO TilE SPECIFICATIONS AND BID FORMS
FOR TilE
SAN JUAN CAPISTRANO CITY-WIDE BIKEWAY GAP CWSURE
CIP 11203
Aprilll, 2017
To: All Plan Holders
From: The City of San Juan Capistrano
Notice is hereby given to prospective bidders that the following changes, additions, and/or
deletions &Je hereby made a part of the Plans and specifications to furnish, deliver, and install
the S an Juan '·nistrano Public "il -Wid· Bikcwct Ga1 'lu s urc C IP 11 20 3 project as fully
and completely as if the same were fully set forth therein.
This Addendum No. l shall fonn a part of the Contract Documents and take precedence of
the original Contract Documents.
Bidders shall acknowledge receipt of this Addendum No.1 by signing page Al-2 and
emailing a copy of page Al-2 to the City of San Juan Capistrano, Mr. Joe Mankawich,
·mankawich a)snn · tancn ist \J .u. P by 1:00PM Wednesday Aprilll, 2017. In addition,
Page Al-2 shall be included in the Contractor's bidding document package.
DATED: Aprilll, 2017
PAGE Al-l
· Mankawidl
Associate Engineer
City of San Juan Capistrano
Attachment 3
25 of 27
Addendum No. I (April 11, 2017)
City of San Juan Capistrano
San Juan Capistrano City-Wide Bikeway G:ap: Closure
TliiS 'PAGE TtfBE ATTACHED to:BIDDlNGDOCUMENTS.
Aff-tL-\\. ;2.or1
Add~ildunt 1 U.ikcway Oip Cio$ur¢
By:· UN I S'P C::C Lbr.J 51RUcrto .N, t/VC·
Bidder's Company Na.-ae
___J .~ ~~ -P~e;.DE?f-.lT
Bidder's Signature
Typed or Printed Name
Attachment 3
26 of 27
Addendum No. 1 (April 11, 2017)
City :ofSan Juan Capistrano
San Juan CapiStrano City-Wide Bikeway Gap Closure
The following changes, additions, deletions, or modifications shall be made to the
Contract Document$ l)od shall take precedence over the original Contract Documents;
all other provisions In the Contract Documents remaih the sa~qe.
1. BIDDING AND CONTRACTUAL DOCUMENTS
Proposer shall be a licensed contractor pursuant to sections 7000 et seq. of the
Business IUld Professions Code in the following classification throughout the time it
:submits its Proposal and for.the gur:ationQfthe contract: A-General Engineering
2. BIDDING AND CONTRACTUAL DOCUl\.fENTS
Copy of Mandatory Pre-' bid Meeting sign in. sheet of attendees is included for bidders
infonnation.
3. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING
Question: Do we have a construction duration?
Answer: 90 calendar days
Addendum I Bikeway Oap C,IQStJJe PAOE A2-3
Attachment 3
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CITY OF SAN JUAN CAPISTRANO
CONSTRUCTION CONTRACT
CITY-WIDE BIKEWAY GAP CLOSURE PROJECT CIP 11203
1. PARTIES AND DATE.
This Contract is made and entered into this 16th day of May, 2017 by and between the
City of San Juan Capistrano, a public agency and public corporation of the State of California
("City") and Unispec Construction, Incorporated a Corporation, with its principal place of
business at 16 2 1 W . 25111 St reet, #176, San Pedro, CA 90 732 ("Contractor"). City and
Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this
Contract.
2. RECITALS.
2.1 City . City is a public agency organized under the laws of the State of California,
with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the
provision of certain construction services required by the City on the terms and conditions set
forth in this Contract. Contractor represents that it is duly licensed and experienced in providing
Pavement Striping and Signage and Asphalt and Paving related construction services to public
clients, that it and its employees or subcontractors have all necessary licenses and permits to
perform the services in the State of California, and that it is familiar with the plans of City. The
following license classifications are required for this Project: Class A, General Contractor's
License in the State of California.
2.3 Project. City desires to engage Contractor to render such services for the City-
wide Bikeway Gap Closure Project (CIP 11203) ("Project") as set forth in this Contract.
2.4 P roj ect Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, a performance bond, a payment bond, and all insurance documentation,
as required by the Contract.
3. TERMS
3.1 Incorpora tion of Documents. This Contract includes and hereby incorporates in
full by reference the following documents, including all exhibits, drawings, specifications and
documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit "A")
• Plans and Specifications (Exhibit "B")
• Special Conditions (Exhibit "C")
• Contractor's Certificate Regarding Workers' Compensation (Exhibit "D")
• Public Works Contractor Registration Certification (Exhibit "E")
• Payment and Performance Bonds (Exhibit "F")
• Federal Requirements (Exhibit "G")
• Addenda
• Change Orders executed by the City
61147 .02100\14019172 .1
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• Latest Edition of the Standard Specifications for Public Works
Construction (The Greenback), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor's Bid
3.2 Contractor's Basic Obligation: Scope of Work. Contractor promises and agrees,
at its own cost and expense, to furnish to the City all labor, materials, tools, equipment,
services, and incidental and customary work necessary to fully and adequately complete the
Project, including all structures and facilities necessary for the Project or described in the
Contract (hereinafter sometimes referred to as the "Work"), for a Total Contract Price as
specified pursuant to this Contract. All Work shall be subject to, and performed in accordance
with the above referenced documents, as well as the exhibits attached hereto and incorporated
herein by reference. The plans and specifications for the Work are further described in Exhibit
"B" attached hereto and incorporated herein by this reference. Special Conditions, if any,
relating to the Work are described in Exhibit "C" attached hereto and incorporated herein by this
reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method
of performance, nature of materials or price thereof, or any other matter materially affecting the
performance or nature of the Work shall not be paid for or accepted unless such change,
addition or deletion is approved in writing by a valid change order executed by the City. Should
Contractor request a change order due to unforeseen circumstances affecting the performance
of the Work, such request shall be made within five (5) business days of the date such
circumstances are discovered or shall waive its right to request a change order due to such
circumstances. If the Parties cannot agree on any change in price required by such change in
the Work, the City may direct the Contractor to proceed with the performance of the change on
a time and materials basis.
3.2.2 Substitutionsi"Or Equal''. Pursuant to Public Contract Code Section
3400(b), the City may make a finding that designates certain products, things, or services by
specific brand or trade name. Unless specifically designated in this Contract, whenever any
material, process, or article is indicated or specified by grade, patent, or proprietary name or by
name of manufacturer, such Specifications shall be deemed to be used for the purpose of
facilitating the description of the material, process or article desired and shall be deemed to be
followed by the words "or equal."
Contractor may, unless otherwise stated, offer for substitution any material,
process or article which shall be substantially equal or better in every respect to that so
indicated or specified in this Contract. However, the City may have adopted certain uniform
standards for certain materials, processes and articles. Contractor shall submit requests,
together with substantiating data, for substitution of any "or equal" material, process or article no
later than thirty-five (35) days after award of the Contract. To facilitate the construction
schedule and sequencing, some requests may need to be submitted before thirty-five (35) days
after award of Contract. Provisions regarding submission of "or equal" requests shall not in any
way authorize an extension of time for performance of this Contract. If a proposed "or equal"
substitution request is rejected, Contractor shall be responsible for providing the specified
material, process or article. The burden of proof as to the equality of any material, process or
article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process
or article is an "or equal" material, process or article that may be substituted. Data required to
61147.02100\14019172.1 2
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substantiate requests for substitutions of an "or equal" material, process or article data shall
include a signed affidavit from Contractor stating that, and describing how, the substituted "or
equal" material, process or article is equivalent to that specified in every way except as listed on
the affidavit. Substantiating data shall include any and all illustrations, specifications, and other
relevant data including catalog information which describes the requested substituted "or equal"
material, process or article, and substantiates that it is an "or equal" to the material, process or
article. The substantiating data must also include information regarding the durability and
lifecycle cost of the requested substituted "or equal" material, process or article. Failure to
submit all the required substantiating data, including the signed affidavit, to the City in a timely
fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City's costs associated with the review of
substitution requests. Contractor shall be responsible for all costs related to a substituted "or
equal" material, process or article. Contractor is directed to the Special Conditions (if any) to
review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance and Liauidated Damages . Contractor shall perform and
complete all Work under this Contract within 90 Calendar days, beginning the effective date of
the Notice to Proceed ("Contract Time"). Contractor shall perform its Work in strict accordance
with any completion schedule, construction schedule or project milestones developed by the
City. Such schedules or milestones may be included as part of Exhibits "A" or "8" attached
hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such
Work is not completed within the aforementioned Contract Time and/or pursuant to any such
completion schedule, construction schedule or project milestones developed pursuant to
provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer
damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as
fixed and liquidated damages the sum of Five Hundred Dollars /day ($500) per day for each and
every calendar day of delay beyond the Contract Time or beyond any completion schedule,
construction schedule or Project milestones established pursuant to the Contract.
3.4 Standard of Performance: Performance of Emplo yees . Contractor shall perform
all Work under this Contract in a skillful and workmanlike manner, and consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Contractor represents and maintains that it is skilled in the professional
calling necessary to perform the Work. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Work, including an City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Contract. As provided for in the indemnification
provisions of this Contract, Contractor shall perform, at its own cost and expense and without
reimbursement from the City, any work necessary to correct errors or omissions which are
caused by Contractor's failure to comply with the standard of care provided for herein. Any
employee who is determined by the City to be uncooperative, incompetent, a threat to the safety
of persons or the Work, or any employee who fails or refuses to perform the Work in a manner
acceptable to the City, shall be promptly removed from the Project by Contractor and shall not
be re-employed on the Work.
3.5 Co ntrol and Payment of Subordinates: Co nt ractual Relationship . City retains
Contractor on an independent contractor basis and Contractor is not an employee of City. Any
additional personnel performing the work governed by this Contract on behalf of Contractor shall
at all times be under Contractor's exclusive direction and control. Contractor shall pay all
61147.02100\14019172.1 3
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wages, salaries, and other amounts due such personnel in connection with their performance
under this Contract and as required by law. Contractor shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.
3.6 City's Basic Obligation. City agrees to engage and does hereby engage
Contractor as an independent contractor to furnish all materials and to perform all Work
according to the terms and conditions herein contained for the sum set forth above. Except as
otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the
satisfactory performance by Contractor of the services and obligations required by this Contract,
the below-referenced compensation in accordance with compensation provisions set forth in the
Contract.
3. 7 Compensation and Pavment.
3.7.1 Amount of Compensation. As consideration for performance of the Work
required herein, City agrees to pay Contractor the Total Contract Price of One Hundred and
Ninety Eight Thoudand Dollars ($198,000.00) ("Total Contract Price") provided that such
amount shall be subject to adjustment pursuant to the applicable terms of this Contract or
written change orders approved and signed in advance by the City.
3.7.2 Payment of Compensatien. If the Work is scheduled for completion in
thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon
completion and approval by City of the Work. If the Work is scheduled for completion in more
than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for
herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an
itemized application for payment in the format supplied by the City indicating the amount of
Work completed since commencement of the Work or since the last progress payment. These
applications shall be supported by evidence which is required by this Contract and such other
documentation as the City may require. The Contractor shall certify that the Work for which
payment is requested has been done and that the materials listed are stored where indicated.
Contractor may be required to furnish a detailed schedule of values upon request of the City
and in such detail and form as the City shall request, showing the quantities, unit prices,
overhead, profit, and all other expenses involved in order to provide a basis for determining the
amount of progress payments.
3.7.3 Prompt Payment. City shall review and pay all progress payment
requests in accordance with the provisions set forth in Section 20104.50 of the California Public
Contract Code. However, no progress payments will be made for Work not completed in
accordance with this Contract. Contractor shall comply with all applicable laws, rules and
regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent
(5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All
Contract retention shall be released and paid to Contractor and subcontractors pursuant to
California Public Contract Code Section 71 07.
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct
from each progress payment an amount necessary to protect City from loss because of: (1)
liquidated damages which have accrued as of the date of the application for payment; (2) any
sums expended by the City in performing any of Contractor's obligations under the Contract
which Contractor has failed to perform or has performed inadequately; (3) defective Work not
remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be
61147,02100\14019172.1 4
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completed for the unpaid balance of the Total Contract Price or within the scheduled completion
date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from
the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and
sufficient documentation as required by the Contract or by City during the prosecution of the
Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10)
any sums representing expenses, losses, or damages as determined by the City, incurred by
the City for which Contractor is liable under the Contract; and (11) any other sums which the
City is entitled to recover from Contractor under the terms of the Contract or pursuant to state
law, including Section 1727 of the California Labor Code. The failure by the City to deduct any
of these sums from a progress payment shall not constitute a waiver of the City's right to such
sums.
3. 7.6 Substitutions for Contract Retent ions . In accordance with California
Public Contract Code Section 22300, the City will permit the substitution of securities for any
monies withheld by the City to ensure performance under the Contract. At the request and
expense of Contractor, securities equivalent to the amount withheld shall be deposited with the
City, or with a state or federally chartered bank in California as the escrow agent, and thereafter
the City shall then pay such monies to Contractor as they come due. Upon satisfactory
completion of the Contract, the securities shall be returned to Contractor. For purposes of this
Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the
contract" shall mean the time the City has issued written final acceptance of the Work and filed
a Notice of Completion as required by law and provisions of this Contract. Contractor shall be
the beneficial owner of any securities substituted for monies withheld and shall receive any
interest thereon. The escrow agreement used for the purposes of this Section shall be in the
form provided by the City.
3.7 .7 Title to Work . As security for partial, progress, or other payments, title to
Work for which such payments are made shall pass to the City at the time of payment. To the
extent that title has not previously been vested in the City by reason of payments, full title shall
pass to the City at delivery of the Work at the destination and time specified in this Contract.
Such transferred title shall in each case be good, free and clear from any and all security
interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge,
hypothecate, or otherwise encumber the items in any manner that would result in any lien,
security interest, charge, or claim upon or against said items. Such transfer of title shall not
imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply
with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to
items.
3 .7 .8 Labor a nd Mat erial Releases. Contractor shall furnish City with labor and
material releases from all subcontractors performing work on, or furnishing materials for, the
Work governed by this Contract prior to final payment by City.
3.7 .9 Pre vailing W a ges . Contractor is aware of the requirements of California
Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations,
Title 8, Section 16000 et seq., ("Prevailing Wage Laws"), which requir~ the payment of
prevailing wage rates and the performance of other requirements on "public works" and
"maintenance" projects . Since the Services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage
Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Contract. Contractor shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
61147.02100\14019172.1 5
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Services available to interested parties upon request, and shall post copies at Contractor's
principal place of business and at the project site. Contractor shall defend, indemnify and hold
the City, its officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure .to comply with the Prevailing Wage Laws. Contractor
and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for
each worker paid less than the prevailing wage rates.
3.7 .10 A pp re nt icea bl e Crafts. When Contractor employs workmen in an
apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of
the California Labor Code with respect to the employment of properly registered apprentices
upon public works . The primary responsibility for compliance with said section for all
apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is
determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit
as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or
such greater amount as provided by law.
3 . 7 .11 Hours of Work. Contractor is advised that eight (8) hours labor
constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code,
Contractor shall forfeit a penalty of $25 .00 per worker for each day that each worker is
permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any
one calendar week, except when payment for overtime is made .at not less than one and
one-half (1-1/2) times the basic rate for that worker.
3.7.12 Payroll Rec ords . Contractor and each subcontractor shall keep an
accurate payroll record, showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week, and the actual per diem wages
paid to each journeyman, apprentice, worker, or other employee employed by him or her in
connection with the public work . The payroll records shall be certified and shall be available for
inspection at all reasonable hours at the principal office of Contractor in the manner provided in
Labor Code section 1776. In the event of noncompliance with the requirements of this section,
Contractor shall have 1 0 days in which to comply subsequent to receipt of written notice
specifying in what respects such Contractor must comply with this section. Should
noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City,
forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until
strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor
Commissioner. A contractor who is found to have violated the provisions of law regarding
wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works
contracts for a period of one to three years as determined by the Labor Commissioner. Upon
the request of the Division of Apprenticeship Standards or the Division of Labor Standards
Enforcement, such penalties shall be withheld from progress payments then due. The
responsibility for compliance with this section is on Contractor.
3. 7.13 Contractor and Subcontractor Re g istra tio n. Pursuant to Labor Code
sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a
bid proposal, or enter into a contract to perform public work must be registered with the
Department of Industrial Relations. No bid will be accepted nor any contract entered into
without proof of the contractor's and subcontractors' current registration with the Department of
Industrial Relations to perform public work . Contractor is directed to review, fill out and execute
the Public Works Contractor Registration Certification attached hereto as Exhibit "E" prior to
contract execution .
61147.02100\14019172.1 6
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3.7.14 Labor Compliance. This Project is subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be the Contractor's sole
responsibility to evaluate and pay the cost of complying with all labor compliance requirements
under this Contract and applicable law.
3.8 Performance of Work; Jobsite Obligations.
3.8.1 Water Quality Management and Compliance .
3.8.1.1 Water Quality Management and Compliance. Contractor
shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance
with all local, state and federal laws, rules and regulations that may impact, or be implicated by
the performance of the Work including, without limitation, all applicable provisions of the Federal
Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality
Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm
water; and any and all regulations, policies, or permits issued pursuant to any such authority
regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality
Control Act, to any ground or surface water in the State.
3.8.1.2 Compliance with the Statewide Construction General
Permit. Contractor shall comply with all conditions of the most recent iteration of the National
Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated
with Construction Activity, issued by the California State Water Resources Control Board
("Permit"). It shall be Contractor's sole responsibility to file a Notice of Intent and procure
coverage under the Permit for all construction activity which results in the disturbance of more
than one acre of total land area or which is part of a larger common area of development or
sale. Prior to initiating work, Contractor shall be solely responsible for preparing and
implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Perm~.
Contractor shall be responsible for procuring, implementing and complying with the provisions of
the Permit and the SWPPP, including the standard provisions, and monitoring and reporting
requirements as required by the Permit. The Permit requires the SWPPP to be a "living
document" that changes as necessary to meet the conditions and requirements of the job site
as it progresses through difference phases of construction and is subject to different weather
conditions. It shall be Contractor's sole responsibility to update the SWPPP as necessary to
address conditions at the project site.
3.8.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any applicable municipality, drainage
City, or local agency regarding discharges of storm water to separate storm drain systems or
other watercourses under their jurisdiction, including applicable requirements in municipal storm
water management programs.
3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other
waters may be encountered at various times during construction of The Work. Therefore, the
Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising
from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities
arising therefrom.
3.8.1.5 Liability for Non-Compliance. Failure to comply with the
Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this
Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its
directors, officials, officers, employees, volunteers and agents for any alleged violations. In
addition, City may seek damages from Contractor for any delay in completing the Work in
61147.02100\14019172.1 7
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accordance with the Contract, if such delay is caused by or related to Contractor's failure to
comply with the Permit.
3.8.1.6 Reservation of Right to Defend. City reserves the right to
defend any enforcement action brought against the City for Contractor's failure to comply with
the Permit or any other relevant water quality law, regulation, or policy . Pursuant to the
indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to
reimburse the City for the costs (including the City's attorney's fees) associated with, any
settlement reached between the City and the relevant enforcement entity.
3.8.1.7 Training. In addition to the standard of performance
requirements set forth in paragraph 3.4, Contractor warrants that all employees and
· subcontractors shall have sufficient skill and experience to perform the Work assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
paragraph 3.8.1 . Consultant further warrants that it, its employees and subcontractors will
receive adequate training, as determined by City, regarding the requirements of the laws,
regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided
under this Agreement. Upon request, City will provide the Contractor with a list of training
programs that meet the requirements of this paragraph.
3.8 .2 Safetv. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. Contractor shall comply with the requirements of
the specifications relating to safety measures applicable in particular operations or kinds of
work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable
local, state and federal laws, rules and regulations, and shall exercise all necessary precautions
for the safety of employees appropriate to the nature of the Work and the conditions under
which the Work is to be performed . Safety precautions as applicable shall include, but shall not
be limited to, adequate life protection and lifesaving equipment; adequate illumination for
underground and night operations; instructions in accident prevention for all employees, such as
machinery guards , safe walkways, scaffolds, ladders, bridges, gang planks, confined space
procedures, trenching and shoring, fall protection and other safety devices, equipment and
wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and
adequate facilities for the proper inspection and maintenance of all safety measures.
Furthermore, Contractor shall prominently display the names and telephone numbers of at least
two medical doctors practicing in the vicinity of the Project, as well as the telephone number of
the local ambulance service, adjacent to all telephones at the Project site .
3.8.3 La ws and Regu lations . Contractor shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Contract or the Work, including all Cai/OSHA requirements,
and shall give all notices required by law. Contractor shall be liable for all violations of such
laws and regulations in connection with Work. If Contractor observe.s that the drawings or
specifications are at variance with any law, rule or regulation, it shall promptly notify the City in
writing. Any necessary changes shall be made by written change order. If Contractor performs
any work knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a
public entity of the State of California subject to certain provisions of the Health & Safety Code,
Government Code, Public Contract Code, and Labor Code of the State . It is stipulated and
agreed that all provisions of the law applicable to the public contracts of a municipality are a part
of this Contract to the same extent as though set forth herein and will be complied with.
Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and
agents free and harmless, pursuant to the indemnification provisions of this Contract, from any
61147.02100\14019172.1 8
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claim or liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
3.8.4 Permits and Li censes. Contractor shall be responsible for securing City
permits and licenses necessary to perform the Work described herein, including, but not limited
to, an City Business License. While Contractor will not be charged a fee for any City permits,
Contractor shall pay the City's applicable business license fee. Any ineligible contractor or
subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on
this Project.
3.8.5 T renching W ork . If the Total Contract Price exceeds $25,000 and if the
Work governed by this Contract entails excavation of any trench or trenches five (5) feet or
more in depth, Contractor shall comply with all applicable provisions of the California Labor
Code, including Section 6705. To this end, Contractor shall submit for City's review and
approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to
be made for worker protection from the hazard of caving ground during the excavation of such
trench or trenches. If such plan varies from the shoring system standards, the plan shall be
prepared by a registered civil or structural engineer.
3.8.6 Hazardous Materials and Differing Cond iti ons . As required by California
Public Contract Code Section 7104, if this Contract involves digging trenches or other
excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly,
and prior to disturbance of any conditions, notify City of: (1) any material discovered in
excavation that Contractor believes to be a hazardous waste that is required to be removed to a
Class I, Class II or Class Ill disposal site; (2) subsurface or latent physical conditions at the site
differing from those indicated by City; and (3) unknown physical conditions of an unusual nature
at the site, significantly different from those ordinarily encountered in such contract work. Upon
notification, City shall promptly investigate the conditions to determine whether a change order
is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled
completion date and shall proceed with all Work to be performed under the Contract, but shall
retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.8.7 Underground Utility Facilit ies . To the extent required by Section 4215 of
the California Government Code, City shall compensate Contractor for the costs of: (1) locating
and repairing damage to underground utility facilities not caused by the failure of Contractor to
exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in
the construction drawings; and (3) equipment necessarily idled during such work. Contractor
shall not be assessed liquidated damages for delay caused by failure of City to provide for
removal or relocation of such utility facilities.
3.8.8 Air Qua litv . Contractor must fully comply with all applicable laws, rules
and regulations in furnishing or using equipment and/or providing services, including, but not
limited to, emissions limits and permitting requirements imposed by the California Air Resources.
Board (CARB). Although CARB limits and requirements are more broad, Contractor shall
specifically be aware of their application to "portable equipment", which definition is considered
by CARB to include any item of equipment with a fuel-powered engine. Contractor shall
indemnify City against any fines or penalties imposed by CARB, or any other governmental or
regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its
subcontractors, or others for whom Contractor is responsible under its indemnity obligations
provided for in this Agreement.
3.8.9 State Recy cl ing Mandates . Contractor shall comply with State
Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be
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feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or
recycling.
3.9 Completion of Work. When Contractor determines that it has completed the
Work required herein, Contractor shall so notify City in writing and shall furnish all labor and
material releases required by this Contract. City shall thereupon inspect the Work. If the Work
is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions
or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it
has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by
the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract
Price remaining to be paid, less any amount which City may be authorized or directed by law to
retain. Payment of retention proceeds due to Contractor shall be made in accordance with
Section 71 07 of the California Public Contract Code.
3.10 Claims: Government Code Claim Compliance.
3.1 0.1 Claims of $375,000 or Less. Notwithstanding any other provision herein,
claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution
procedures set forth in California Public Contract Code §§ 20104, et seq.
3.1 0.2 T hird Party Claims. Pursuant to Public Contract Code Section 9201, the
City shall provide Contractor with timely notification of the receipt of any third-party claim,
relating to the Contract. The City is entitled to recover its reasonable costs incurred in providing
such notification.
3.10.3 Government Code Claims. In addition to any and all contract
requirements pertaining to notices of and requests for compensation or payment for extra work,
disputed work, claims and/or changed conditions, Contractor must comply with the claim
procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against
the City. Such Government Code claims and any subsequent lawsuit based upon the
Government Code claims shall be limited to those matters that remain unresolved after all
procedures pertaining to extra work, disputed work, claims, and/or changed conditions have
been followed by Contractor. If no such Government Code claim is submitted, or if any
prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor
shall be barred from bringing and maintaining a valid lawsuit against the City.
3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall
be responsible for all loss and damage which may arise out of the nature of the Work agreed to
herein, or from the action of the elements, or from any unforeseen difficulties which may arise or
be encountered in the prosecution of the Work until the same is fully completed and accepted
by City. In the event of damage proximately caused by an Act of God, as defined by Section
7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section
3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day
advanced written notice.
3.12 Indemnification.
3.12 .1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, employees, agents and
authorized volunteers free and harmless from any and all claims, demands, causes of action,
suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements,
loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful
death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any
61147.02100\14019172.1 10
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alleged acts, errors or om1ss1ons, or willful misconduct of Contractor, its officials, officers,
employees, subcontractors, consultants or agents in connection with the performance of the
Contractor's services, the Project or this Agreement, including without limitation the payment of
all consequential damages, expert witness fees and attorneys' fees and other related costs and
expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782,
Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury
to persons, injury to property, or any other loss, damage or expense arising from the sole or
active negligence or willful misconduct of the City or the City's agents, servants, or independent
contractors who are directly responsible to the City, or for defects in design furnished by those
persons.
3.12.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims
covered by this section that may be brought or instituted against City or its officilas, employees,
agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against City or its officials, employees, agents and
authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor
shall also reimburse City for the cost of any settlement paid by City or its officials, employees,
agents and authorized volunteers as part of any such claim, suit, action or other proceeding.
Such reimbursement shall include payment for City's attorney's fees and costs, including expert
witness fees. Contractor shall reimburse City and its officials, employees, agents and
authorized volunteers, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
employees, agents and authorized volunteers.
3.13 Insurance.
3.13.1 Time for Compliance. Contractor shall not commence Work under
this Contract until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Contractor shall not allow any subcontractor
to commence work on any subcontract until it has provided evidence satisfactory to the City that
the subcontractor has secured all insurance required under this section. Failure to provide and
maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.13.2 Minimum Requirements. Contractor shall, at its expense, procure
and maintain for the duration of the Contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the Work
hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor
shall also require all of its subcontractors to procure and maintain the same insurance for the
duration of the Contract. Such insurance shall meet at least the following minimum levels of
coverage:
3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services
Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage
for operations of designated contractor); (2) Automobile Liability: Insurance Services Office
Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers'
Compensation and Employer's Liability: Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance. Policies shall not contain exclusions
contrary to this Contract.
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3.13.2.2 Minimum Limits of Insurance . Contractor shall maintain
limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate
for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per
accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's
Liability: Workers' compensation limits as required by the Labor Code of the State of California.
Employer's Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and
each employee bodily injury or disease. Defense costs shall be available in addition to the
limits. Notwithstanding the minimum limits specified herein, any available coverage shall be
provided to the parties required to be named as additional insureds pursuant to this Contract.
3.13.3 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Contractor shall provide endorsements (amendments) on forms supplied
or approved by the City to add the following provisions to the insurance policies:
~.13.3.1 General Liability. (1) Such policy shall give the City, its
officials, employees, agents and authorized volunteers additional insured status using ISO
endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same
coverage, with respect to the Work or operations performed by or on behalf of Contractor,
including materials, parts or equipment furnished in connection with such work; (2) all policies
shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained
by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to
any person named as an additional insured pursuant to this Contract, and Contractor agrees to
waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance
as respects the City, its officials, employees, agents and authorized volunteers, or if excess,
shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying
coverage. Any insurance or self-insurance maintained by the City, its officials, employees,
agents and authorized volunteers shall be excess of Contractor's insurance and shall not be
called upon to contribute with it.
3.13.3.2 Automobile Liability . (1) Such policy shall give the City, its
officials, employees, agents and authorized volunteers additional insured status with respect to
the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall
waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the
Contractor or any insurer by virtue of payment of any loss or any coverage provided to any
person named as an additional insured pursuant to this Contract, and Contractor agrees to
waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance
as respects the City, its officials, employees, agents and authorized volunteers, or if excess,
shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying
coverage. Any insurance or self-insurance maintained by the City, its officials, employees,
agents and authorized volunteers shall be excess of Contractor's insurance and shall not be
called upon to contribute with it in any way.
3.13.3.3 Workers' Compensation and Emolover's Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials,
employees, agents and authorized volunteers for losses paid under the terms of the insurance
policy which arise from work performed by Contractor.
3.13.3.4 All Coverages. Each insurance policy required by this
Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (2) any failure to comply with reporting or other
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provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its officials, employees, agents and authorized volunteers.
3.13.4 Separation of Insureds: No Special Limitations. All insurance
required by this Section shall contain standard separation of insureds provisions. In addition,
such insurance shall not contain any special limitations on the scope of protection afforded to
the City, its officials, employees, agents and authorized volunteers.
3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the City. Contractor shall
guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officials, employees, agents and
authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee
acceptable to the City guaranteeing payment of losses and related investigation costs, claims
and administrative and defense expenses.
3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating no less than A:VII, licensed to do business in California, and
satisfactory to the City. Exception may be made for the State Compensation Insurance Fund
when not specifically rated.
3.13. 7 Verification of Coverage. Contractor shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this Contract on
forms satisfactory to the City. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on
forms supplied or approved by the City. All certificates and endorsements must be received and
approved by the City before work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
3.13.8 Subcontractors. All subcontractors shall meet the requirements of
this Section before commencing Work. Contractor shall furnish separate certificates and
endorsements for each subcontractor. Subcontractor policies of General Liability insurance
shall name the City, its officials, employees, agents and authorized volunteers as additional
insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All
coverages for subcontractors shall be subject to all of the requirements stated herein except as
otherwise agreed to by the City in writing.
3.13.9 Reporting of Claims. Contractor shall report to the City, in addition
to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with
the Work under this Contract.
3.14 Bond Requirements.
3.14.1 Payment Bond. If required by law or otherwise specifically requested by
City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall
execute and provide to City concurrently with this Contract a Payment Bond in an amount
required by the City and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until the bond has been received and approved by the City.
3.14.2 Performance Bond. If specifically requested by City in Exhibit "C"
attached hereto and incorporated herein by reference, Contractor shall execute and provide to
City concurrently with this Contract a Performance Bond in an amount required by the City and
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in a form provided or approved by the City. If such bond is required, no payment will be made
to Contractor until the bond has been received and approved by the City.
3.14.3 Bond Provisions. Should, in City's sole opinion, any bond become
insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the
effected bond within (ten) 10 days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at
least ten (1 0) days prior to expiration of the original bonds. No further payments shall be
deemed due or will be made under this Contract until any replacement bonds required by this
Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased
in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of
the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such
increase to the City. If Contractor fails to furnish any required bond, the City may terminate the
Contract for cause.
3.14.4 Surety Qualifications. Only bonds executed by an admitted surety
insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If
a California-admitted surety insurer issuing bonds does not meet these requirements, the
insurer will be considered qualified if it is in conformance with Section 995.660 of the California
Code of Civil Procedure, and proof of such is provided to the City.
3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes
of this Section shall be deemed to include unauthorized work which has not been removed and
any non-conforming materials incorporated into the Work) to be of good quality and free from
any defective or faulty material and workmanship. Contractor agrees that for a period of one
year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into the Work,
whichever is later) after the date of final acceptance, Contractor shall within ten (1 0) days after
being notified in writing by the City of any defect in the Work or non-conformance of the Work to
the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms
of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the
City in response to an emergency. In addition, Contractor shall, at its sole cost and expense,
repair and replace any portions of the Work (or work of other contractors) damaged by its
defective Work or which becomes damaged in the course of repairing or replacing defective
Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work
shall be reinstated for an additional one year period, commencing with the date of acceptance of
such corrected Work. Contractor shall perform such tests as the City may require to verify that
any corrective actions, including, without limitation, redesign, repairs, and replacements comply
with the requirements of the Contract. All costs associated with such corrective actions and
testing, including the removal, replacement, and reinstitution of equipment and materials
necessary to gain access, shall be the sole responsibility of Contractor. All warranties and
guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the
Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of
the City, regardless of whether or not such warranties and guarantees have been transferred or
assigned to the City by separate agreement and Contractor agrees to enforce such warranties
and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform
its obligations under this Section, or under any other warranty or guaranty under this Contract,
to the reasonable satisfaction of the City, the City shall have the right to correct and replace any
defective or non-conforming Work and any work damaged by such work or the replacement or
correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse
the City for any expenses incurred hereunder upon demand.
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3. 16 Employee/Labor Certifications.
3.16.1 Contractor's Labor Certification. By its signature hereunder, Contractor
certifies that he is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Work. A certification form for this
purpose, which is attached to this Contract as Exhibit "D" and incorporated herein by reference,
shall be executed simultaneously with this Contract.
3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other
interests protected by the State or Federal Constitutions. Such non-discrimination shall include,
but not be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
3.16.3 Verification of Employment Eligibility. By executing this Contract,
Contractor verifies that it fully complies with all requirements and restrictions of state and federal
law respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
3.17 General Provisions.
3.17.1 City's Representative. The City hereby designates the General Manager,
or his or her designee, to act as its representative for the performance of this Contract ("City's
Representative"). City's Representative shall have the power to act on behalf of the City for all
purposes under this Contract. Contractor shall not accept direction or orders from any person
other than the City's Representative or his or her designee.
3.17 .2 Contractor's Representative. Before starting the Work, Contractor shall
submit in writing the name, qualifications and experience of its proposed representative who
shall be subject to the review and approval of the City ("'Contractor's Representative").
Following approval by the City, Contractor's Representative shall have full authority to represent
and act on behalf of Contractor for all purposes under this Contract. Contractor's
Representative shall supervise and direct the Work, using his best skill and attention, and shall
be responsible for all construction means, methods, techniques, sequences and procedures and
for the satisfactory coordination of all portions of the Work under this Contract. Contractor's
Representative shall devote full time to the Project and either he or his designee, who shall be
acceptable to the City, shall be present at the Work site at all times that any Work is in progress
and at any time that any employee or subcontractor of Contractor is present at the Work site.
Arrangements for responsible supervision, acceptable to the City, shall be made for emergency
Work which may be required. Should Contractor desire to change its Contractor's
Representative, Contractor shall provide the information specified above and obtain the City's
written approval.
3.17.3 Termination. This Contract may be terminated by City at any time, either
with our without cause, by giving Contractor three (3) days advance written notice. In the event
of termination by City for any reason other than the fault of Contractor, City shall pay Contractor
for all Work performed up to that time as provided herein. In the event of breach of the Contract
by Contractor, City may terminate the Contract immediately without notice, may reduce payment
to Contractor in the amount necessary to offset City's resulting damages, and may pursue any
61147 .02100\1401 9 172.1 15
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other available recourse against Contractor. Contractor may not terminate this Contract except
for cause. In the event this Contract is terminated in whole or in part as provided, City may
procure, upon such terms and in such manner as it may determine appropriate, services similar
to those terminated. Further, if this Contract is terminated as provided, City may require
Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials
or other matter prepared or built by Contractor in connection with its performance of this
Contract.
3.17.4 Contract Interpretation. Should any question arise regarding the meaning
or import of any of the provisions of this Contract or written or oral instructions from City, the
matter shall be referred to City's Representative, whose decision shall be binding upon
Contractor.
3.17.5Anti-Trust Claims. This provision shall be operative if this Contract is
applicable to California Public Contract Code Section 7103.5. In entering into this Contract to
supply goods, services or materials, Contractor heret:?y offers and agrees to assign to the City
all rights, title, and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with
Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from
purchases of goods, services, or materials pursuant to the Contract. This assignment shall be
made and become effective at the time the City tender final payment to Contractor, without
further acknowledgment by the Parties.
3.17.6 Notices. All notices hereunder and communications regarding
interpretation of the terms of the Contract or changes thereto shall be provided by the mailing
thereof by registered or certified mail, return receipt requested, postage prepaid and addressed
as follows:
CONTRACTOR:
CITY:
Unipsec Construction, Inc.
1621 W . 25th Street
San Pedro, CA 90732
Attn: Jack Haber
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Manager
Any notice so given shall be considered received by the other Party three (3) days after deposit
in the U.S. Mail as stated above and addressed to the Party at the above address. Actual
notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
3.17.7 Time of Essence. Time is of the essence in the performance of this
Contract.
3.17 .8 Assignment Forbidden . Contractor shall not, either voluntarily or by
action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by
Contractor herein without the prior written consent of City. If Contractor attempts an assignment
or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option,
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terminate and revoke the Contract and shall thereupon be relieved from any and all obligations
to Contractor or its assignee or transferee.
3.17.9 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.17 .1 0 Laws. Venue, and Attorneys' Fees. This Agreement shall be
interpreted in accordance with the laws of the State of California. If any action is brought to
interpret or enforce any term of this Agreement, the action shall be brought in a state or federal
court situated in the County of Orange, State of California.
3.17.11 Counterparts. This Contract may be executed in counterparts.
each of which shall constitute an original.
3.17.12 Successors. The Parties do for themselves, their heirs, executors,
administrators, successors, and assigns agree to the full performance of all of the provisions
contained in this Contract.
3.17.13 [Reserved]
3.17.14 Solicitation. Contractor maintains and warrants that it has not
employed nor retained any company or person. other than a bona fide employee working solely
for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Contract. For
breach or violation of this warranty, City shall have the right to terminate this Contract without
liability.
3.17.15 Conflict of Interest. Contractor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it
has not paid nor has it agreed to. pay any company or person, other than a bona fide employee
working solely for CG>ntractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this Agreement without
liability. For the term of this Contract, no director, official, officer or employee of City, during the
term of his or her service with City, shall have any direct interest in this Contract, or obtain any
present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file,
or to cause its employees or subcontractors to file, a Statement of Economic Interest with the
City's Filing Officer as required under state law in the performance of the Work.
3.17.16 Certification of License.
3. 17.16.1 Contractor certifies that as of the date of execution of this
Contract, Contractor has a current contractor's license of the classification indicated below
under Contractor's signature.
3.17 .16.2 Contractors are required by law to be licensed and
regulated by the Contractors' State License Board which has jurisdiction to investigate
complaints against contractors if a complaint regarding a patent act or omission is filed within
four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission
pertaining to structural defects must be filed within ten (1 0) years of the date of the alleged
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violation. Any questions concerning a contractor may be referred to the Registrar, Contractors'
State License Board, P.O. Box 26000, Sacramento, California 95826.
3.17.17 Authority t o E nte r Contract. Each Party warrants that the
individuals who have signed this Contract have the legal power, right and authority to make this
Contract and bind each respective Party.
3.17.18 Entire Contract: Modific atio n. This Contract contains the entire
agreement of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Contract may only be modified by a writing
signed by both Parties.
3.17.19 Non -Wa ive r. None of the provisions of this Agreement shall be
considered waived by either party, unless such waiver is specifically specified in writing.
3.17 .20 City's Right to Empl oy Oth er Contra ctors . City reserves right to
employ other contractors in connection with this Project or other projects .
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND UNISPEC CONSTRUCTION, INC.
IN WI1NESS WHEREOF, the Parties have entered into this Agreement as of the 16th
day ofMay, 2017.
CITY OF SAN JUAN CAPISTRANO
Approved By:
Ben Siegel
City Manager
Date
Attested By:
Maria Morris, City Clerk
Approved As To Form:
City Attorney
61147.02100\14019172.1 19
UNISPEC CONSTRUCTION, INC.
Signature
Jack Haber
President
Date
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See Attached Proposal
61147.02100\14019172.1
EXHIBIT "A"
SERVICES I SCHEDULE
20
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EXHIBIT "B"
PLANS AND SPECIFICATIONS
-21 -
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EXHIBIT uc"
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract,
the Contractor shall deliver to the City four identical counterparts of the Performance Bond and
Payment Bond on the forms supplied by the City and included as Exhibit "F" to the Contract.
Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor's bid
security. The surety supplying the bond must be an admitted surety insurer, as defined in Code
of Civil Procedure Section 995.120, authorize<;! to do business as such in the State of California
and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one
hundred percent (100%) of the Total Contract Price.
-22-
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EXHIBIT "D"
CERTIFICATION
LABOR CODE -SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of
the California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions of the
Code, and I, the undersigned Contractor, agree to and will comply with such provisions before
commencing the performance of the Work on this Contract.
Unlspec Construction, INC.
By :
Signature
Name (Print)
Title (Print)
61147.02100\14019172.1
-23-
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EXHIBIT UE"
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
If this bid is due on or after March 1, 2015, then pursuant to Labor Code sections 1725.5 and
1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter
into a contract to perform public work must be registered with the Department of Industrial
Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional
information.
No bid will be accepted nor any contract entered into without proof of the contractor's and
subcontractors' current registration with the Department oflndustrial Relations to perform public
work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor
Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department
of Industrial Relations.
Name of Contractor:--------------
DIR Registration Number: ___________ _
Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the
project.
2 . Contractor shall include the requirements of Labor Code sections 1725.5 and
1771.1 in its contract with subcontractors and ensure that all subcontractors are
registered at the time of bid opening and maintain registration status for the
duration of the project.
3. Failure to submit this form or comply with any of the above requirements may
result in a finding that the bid is non-responsive.
Signature:. ____________ _
Name and Title: _________ _
Dated:-------------
61147.02100\14019 J 72.1
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Attachment 4
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EXHIBIT "F"
PAYMENT AND PERFORMANCE BONDS
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61147.02100\14019172.1 Attachment 4
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of San Juan Capistrano (hereinafter referred to as "City")
has awarded to , (hereinafter referred to as the "Contractor")
----------an agreement for (hereinafter
referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated (hereinafter referred to as
"Contract Documents"), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we , the undersigned Contractor and
--------------------as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of DOLLARS,
($ said sum being not less than one hundred percent (1 00%) of the total amount
of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of
all materials and workmanship; and shall indemnify and save harmless the City, its officers and
agents, as stipulated in said Contract Documents, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents,
unless otherwise provided for in the Contract Documents, the above obligation shall hold good
for a period of one (1) year after the acceptance of the work by City, during which time if
Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally
protect the City from loss or damage resulting from or caused by defective materials or faulty
workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations
of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing
herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract,
law or equity, including, but not limited to, California Code of Civil Procedure section 337.15 .
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61147.02100\14019172.1
Attachment 4
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Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City's option:
(1) Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The
term "balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local,
California and federal law and make available as work progresses sufficient funds
to pay the cost of completion of the Project, less the balance of the contract price,
including other costs and damages for which Surety may be liable. The term
"balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the
Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in
default, notifies Surety of the City's objection to Contractor's further participation in the
completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract Documents or to the Project, including but not limited to the provisions of sections
2819 and 2845 of the California Civil Code.
IN WI1NESS WHEREOF, we have hereunto set our hands and seals this ___ day of
-----' 20_).
(Corporate Seal)
61147.02100\14019172.1
Contractor/ Principal
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Attachment 4
27 of 33
By ________________________ ___
Title --------------
(Corporate Seal) Surety
By ________________ __
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title --------------
The rate of premium on this bond is per thousand. The total amount of premium
charges, $ ________________ ___
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety
to do so must be attached hereto.
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61147.02100\14019172.1
Attachment 4
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Notary Acknowledgment
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate Is auached , ana not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ________ __
On _______ _____. 20 __ , before me,--------------' Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged to
me that hefshefthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument. ·
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
0 Individual
0 Corporate Officer
0 Partner(s)
0 Attorney-In-Fact
0 Trustee(s)
0 Guardian/Conservator
0 Other:
Signer is representing:
Tltle(s)
D Limited
0 General
Name Of Person(s) Or Entity(ies)
61147.02100\14019172.1
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DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
Attachment 4
29 of 33
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Juan Capistrano (hereinafter designated as the "City"), by
action taken or a resolution passed • 20 __ has awarded to ~:-:-------
hereinafter designated as the "Principal," a contract for the work described as follows:
------------------------------------------------(the "Project"); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in
the Contract Documents for the Project dated ("Contract Documents"),
the terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the
Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and as Surety,
are held and firmly bound unto the City in the penal sum of _---::~---;-";"""":'--::-:::-:--:--~:--~
--------,-Dollars ($ lawful money of the United States of America,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the
persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the
Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above
specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or
pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any
change or modification of any terms of payment or extension of the time for any payment
pertaining or relating to any scheme or work of improvement herein above described, nor by any
rescission or attempted rescission of the contract, agreement or bond, nor by any conditions
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61147.02100\14019172.1
Attachment 4
30 of 33
precedent or subsequent in the bond attempting to limit the right of recovery of claimants
otherwise entitled to recover under any such contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond and that
this bond be construed most strongly against the Surety and in favor of all persons for whose
benefit such bond is given, and under no circumstances shall Surety be released from liability to
those for whose benefit such bond has been given, by reason of any breach of contract between
the owner or City and original contractor or on the part of any obligee named in such bond, but
the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the
Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive
notice of any such change, extension of time, addition, alteration or modification herein
mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ___ day of
------' 20_.
(Corporate Seal)
Contractor/ Principal
By ____________ ___
Title __________________________ _
(Corporate Seal) Surety
By __________________________ __
Attorney· in· Fact
Title --------------
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power·of-Attomey authorizing the person signing on behalf of
the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of· Attorney authorizing the person signing on behalf of the Surety
to do so must be attached hereto.
-31 -
61147.02100\14019172.1
Attachment 4
31 of 33
Notary Acknowledgment
A notary public or other officer completing this certificate
verifies only the Identity of the individual who signed the
document ·to which this certificate is attached, anc:l not the
truthfulness, accuracy . or validity of that document
STATE OF CALIFORNIA
COUNTY OF __________ _
On ------------~ 20_, before me,--------------' Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct. ·
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, It may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
0 Individual
o Corporate Officer
0 Partner(s)
o Attorney-In-Fact
0 Trustee(s)
0 Guardian/Conservator
0 Other:
Signer is representing:
Title(s)
o Limited
0 General
Name Of Person(s) Or Entity(ies)
61147.02100\14019172.1
-32-
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
Attachment 4
32 of 33
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Attachment 4
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