1997-0102_HOLLAND-LOWE CONSTRUCTION, INC._Addendum No. 1 Ilk, .4eMEMBERS OF THE CITY COUNCIL
4
}__ WYATT HART
1 . IffiPoparta GIL JONES
• EMI 1961 CAROLYN NASH
1776 DAVID SWERDLIN
• lm •
CfTY MANAGER
GEORGE SCARBOROUGH
January 2, 1997
ADDENDUM NO. 1
PREVENTATIVE STREET MAINTENANCE, 1996-1997
1. Via California/Camino Las Ramblas
2. Avenida Aeropuerto
3. Mission Hills; and,
4. Capistrano Villas Speed Bumps.
The following changes to the plans and specifications are promulgated through this addendum.
Bond Forms
Add Bid Bond Form, pages BB-1 and BB-2
Add Labor and Materials Bond Form, pages LM-1 and LM-2
Add Performance Bond Form, pages PB-1 and PB-2.
A signed copy of this Addendum shall accompany the bid.
Contractor Brian Perry
Senior Civil Engineer
brian\1-2adnl
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
BID BOND
NOW ALL MEN BY THESE PRESENTS, that we,
, as PRINCIPAL, and
as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN
JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $
for payment whereof Principal and Surety bind themselves, their heirs, executors,
administrators, successors, and assigns, jointly and severally fairly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal
has submitted the accompanying bid dated ,
19 , for the construction of
for the City of San Juan Capistrano,
Orange County, California.
NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty
(30) days after the opening of same, and shall, within fifteen (15) days after the agreement
has been presented to him for execution, enter into a written contract with the City in
accordance with the bid as accepted, and if the Principal shall give the required bond with
good and sufficient sureties, or sureties for the faithful performance and proper
fulfillment of such contract and for the protection of laborers and materialmen or in the
event of the withdrawal of said bid within the periods specified, or the failure to enter
into said contract and give said bond within the time specified, if the Princioal shall within
sixty (60) days after request by the City, pay the City the difference between the amount
specified in said bid and the amount for which the City may procure the required work
and/or supplies if the latter amount be in excess of the former, then the above obligation
shall be void and of no effect, otherwise to remind in full force and tirtue.
FURTHER, as a part of the obligation secured hereby, and in addition to the
face amount specified therefor, there shall be included costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
BB-1
IN WITNESS WHEREAS, the above-bounded parties have executed this
instrument under their several seals this day of
19 - , the name and corporate seal of each corporate party being affixed hereto
and these presents duly signed by its undersigned representative pursuant to authority of
its governing body.
Two Witnesses (If Individual)
PRINCIPAL
BY
ATTEST (If Corporation)
Corporate Seal
SURETY
BY
Title
ATTEST
Title
A2P VEDA , 0 M:
City Attorney
Page 2 - Bid Bond
BB-2
LABOR AND MATERIALS BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City of San Juan Capistrano, a municipal corporation of
Orange County, California, has awarded to
License No. ,
hereinafter designated as "Principal", a contract for
• ; and
WHEREAS, said Principal is required to furnish a bond in connection with the
said contract providing that if said Principal, or any of his or its sub-contractors, shall fail
to pay for any materials, provisions, provender or other supplies or teams used in, upon,
for or about the performance of the work contracted to be done, or for any work or labor
done thereon of any kind, the Surety or this bond will pay the same.
NOW, THEREFORE, we
Principal, and
as Surety are held firmly bound unto the City of San Juan Capistrano, a municipal
corporation, in the penal sum of
DOLLARS ($ ), lawful money of the United States of America, for
payment of which sum well and truly to be made we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or
its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail :o
pay for any materials, provisions, provender, or teams, or other supplies or equipment used
in, upon, for or about the performance of the work contracted to be done, or for any work
or labor done thereon of any kind, or for amounts due under the Unemployment Insurance
Act with respect to such work or labor as required by the provisions of Title I, Division 5,
Chapter 3 of the Government Code of California as amended, :hat the Surety will pay for
the same in an amount not exceeding the sum specified in this bond and also in case suit .s
brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond
LM-1
shall inure to the benefit of any and all persons, companies and corporations entitled to
file claims under said act, so as to give a right of action to them or their assigns in any
_ _ suit brought upon this bond.
FURTHER, the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or modification of the contract documents or
of the work to be performed thereunder shall in any way affect its obligation on this bond
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the contract documents or of work to be performed thereunder.
As a part of the obligation secured hereby, and in addition to the face
amount specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF three (3) identical counterparts of this instrument,
each of which shall for all purposes be deemed an original thereof, have been duly
executed by the Principal and Surety herein named on the day of
, 19 . The name and corporate seal of
each corporate party being hereto affixed and these presents duly signed by its
undersigned representatives pursuant to authority of its governing body.
PRINCIPAL
By
SURETY
By
APPROVED AS TO FOR
A.
/e/F
CITY ATTORNEY
Page 2 - Labor & Materials Bond
LM-2
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That , as
Principal, hereinaf ter called CONTRACTOR, and
hereinafter called SURETY, are held and firmly bound unto the City of San Juan
Capistrano, as Obligee, hereinafter called CITY, in the amount of
Dollars for payment
whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors, and assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor has by written agreement dated
, entered into a (describe agreement)
which contract is by reference made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that, if Principal
shall promptly and faithfully perform said agreement, then this obligation shall be null and
told; otherwise it shall remain in full force and effect. Surety wars whatever legal
right it may have to require that a demand be made first against the principal in the event
of default.
BE IT FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition to the face
amount specified, there shall be included costs and reasonable expenses and fees, including
reasonable attornev's fees, incurred by City in successfully enforcing such obligation, all
to be taxed as costs and included in any judgment rendered.
PB-1
2. Said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or modification of the contract documents or of the
work to be performed thereunder, shall in any way affect its obligations or this bond, and
it does hereby waive notice of any such change, extension of time, alteration, or
modification of the contract documents or of work to be performed thereunder.
Executed this day of
19 , at , California.
APPROVED AS TO FORM: (NOTARIZATION AND SEAL)
/eje149. _44/2A
City Attorney
(NOTARIZATION AND SEAL)
•
Page 2 - PERFORMANCE BOND
PB-2