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1982-0907_D.W. CONSTRUCTION_Contract E8 70818 XEMPT RECORDED AT THE REQUEST OF NG FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano J City Clerk' s Department 32400 Paseo Adelanto Mary Ann anover, City Clerk San Juan Capistrano , CA 92675 City of an Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to D. W. Contracting Company, Inc. , 1504 Caribbean Way, Laguna Beach, California, 92651 , for the performance of the following work: COMPLETION OF THE SAN JUAN CAPISTRANO MULTI-MODAL TERMINAL That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 21st day of June 1983 , by Resolution No. 83-6-21-1 That upon said contract the American Motorists Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 22nd day of June , 1983. Mary Ann over, City Clerk of the City &f San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 22nd day of June 1983 . RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY,CALIFORNIA Mary Ann Hver, City Clerk of .)Zig PM JUAN{ 4 '83 the City o San Juan Capistrano LEE A. BRANCH, County Recorder 10TY COPY" CONTRACT This contract is made and entered into by and between the CITY OF SAP] JUAN CAPISTRANO, hereinafter referred to as City and D. W. Contracting Company, Inc. hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS : FIRST. CONTRACT DOCUMENTS . The contract documents shall be considered to include the Notice Inviting Bids , the Instructions to Bidders, the Proposal , the Bid Bond, the Non-Collusion. Affi- davit, the Designation of Sub-Contractors , the Contract which is prepared for execution by the City and the Contractor, plans , specifications and special provisions , contract bonds , resolu- tions adopted by the City Council pertaining to the work, in- surance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. TETE WORK. CONTRACTOR agrees to furnish all tools , labor, material , equipment, transportation, and supplies neces- sary to perform and complete in good and workmanlike manner the construction of The Multi-Modal Terminal in strict confor- mity with the Plans , Specifications and all other_ contract docu- ments , which' documents are on file at the Office of the City Clerk, City Hall , 32400 Paseo Adelanto, San Juan Capistrano, California . THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities , at the prices designated in bid proposal at the time and in the manner set forth in the Specifications . -16- FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids . It is agreed that it would be im- practicable and extremely difficult to fix the actual amount of damagr„ and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages , not in the nature of a penalty, one hundred dollars ($100) a day for each day delayed; provided that extensions of time with waiver of liquidated damages , may be granted as provided in the Specifications . FIFTH. PERFORMANCE BOND AND LABOR, AND MATERIAL BOND. Contractor agrees to furnish bonds guaranteeing the performance of this con- tract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of Cali- fornia, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (100°%) of the amount of this contract and shall be conditioned on full and complete per- formance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after com- pletion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidential to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications . SIXTH . GENERAL PREVAILING RATE OF PER DIEM WAGES . Pursuant to the Labor Code of the State of California, copies of the pre- vailing rate of per diem wages , as determined by the Director of the State Department of Industrial Relations , are on file in the office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a -17- part hereof. CONTRACTOR agrees that he, or any SUB-CONTRACTOR under him, shall pay not less than the foregoing specified pre- wailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR agrees to carry Public Liability, Property Damage, and Workmen ' s Compensation Insurance in amounts as required by the Specifications . EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS . City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same ex- tent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipula- tion that eight (8) hours labor constitute a legal day ' s work and CONTRACTOR shall , as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calen- dar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One , Part Seven, Division 2, of the California Labor Code, except as permitted by law. INWITNESS WHEREOF, this contract is executed by the duly authorized agent (s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. CITY AN JUAN CqIS3,4ANO DATED: BY MAYOR J APPROVED AS TO FORM: �y^_y��401R T CL K=CITY. AY ( (/.C.cr.�iZY%Jc . L.L rJc CONTRA OR DATED: q -((, BY -18- • r 32400 PASHO-ADMA"TQ'" SAN JUARZAPISTRANO,C&L LFO12NIA 92675 PHdNE493411 7t I June 27 , 1983 D. W. Contracting Company, Inc. 1504 Caribbean Way Laguna Beach, California 92651 Re: Completion of Multi-Modal Terminal Gentlemen: Enclosed is a copy of Resolution No. 83-6-21-1 , which was adopted by the City Council at their meeting of June 21 , 1983. The Resolution accepts the work completed for the construction of the Multi-Modal Terminal in the amount of $275 , 673. 80 . The Council directed that the balance due in the amount of $950. 00 be payable immediately. The retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on June 24; therefore , the final payment in the amount of $13 ,783. 69 may be released on July 29, 1983. Thank you for your cooperation. Very truly yours , MARY ANN HANOVER, CMC City Clerk MAH/cj Enclosure cc: Director of Public Works Director of Administrative Services 6 . RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - MULTI-MODAL TERMINAL (D. W. CONTRACTING) (C88) (88 ) The Multi-Modal Terminal Project has been completed to the satisfaction of the City, as set forth in the report dated June 21 , 1983 , from the Director of Public Works . Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 83-6-21-1 , COMPLETION OF THE SAN JUAN CAPISTRANO MULTI-MODAL TERMINAL - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE SAN JUAN CAPISTRANO MULTI-MODAL TERMINAL (D. W. CONTRACTING COMPANY, INC. ) The Resolution accepts the project as complete and directs the City Clerk to forward a Notice of Completion to the County Recorder within 10 days. Payment status is as follows: Total Project Cost $275 , 673. 80 Less Retention 13 , 783 . 69 Less Previous Payment 260 , 940 . 11 Balance Due 950. 00 Staff was authorized to make payment as indicated and to release the retention 35 days after recordation of the Notice of Completion. �/d ti I g3 AGENDA ITEM June 21 , 1983 TO: Stephen B. Julian, City Manager C FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Final Report - San Juan Capistrano Multi-Modal Terminal (D. W. Contracting) SITUATION The contractor for the San Juan Capistrano Multi-Modal Terminal, D. W. Contracting, has completed the project and is requesting formal City acceptance. The City ' s construction inspector has inspected the project and accepted the work. Remedial construction work will be ongoing at the Multi-Modal Terminal under separate purchase order provisions, as will the contractor ' s continued maintenance of the site landscaping during the final month of the landscape maintenance period. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable. FINANCIAL CONSIDERATIONS The current payment status is as follows: Total project cost $275 , 673 . 80 Less retention 13 , 783 . 69- Previous 3 , 783 . 69Previous payment 260 , 940 . 11 Balance due (less retention) $ 11950 . 00 <_(K 6a ys�y ALTERNATE ACTIONS 1 . Accept the improvements for the Multi-Modal Terminal . 2 . Do not accept the improvements. 3 . Request further information from staff . RECOMMENDATION By resolution, determine that the work associated with construction of the San Juan Capistrano Multi-Modal Terminal has been completed and declare the work to be accepted. Direct that within ten (10) days a Notice of Completion be filed with the County Recorder. Authorize Staff to release the retention thirty-five ( 35) days after the filing of the Notice of Completion. Respectfully submitted, W. D. MurphyWDM ` ach. rem Attach. ttFOR r,3TY 00;JNC,1�, -` GFJ4n A Attach. RESOLUTION NO. 83-6-21-1 COMPLETION OF THE SAN JUAN CAPISTRANO MULTI-MODAL TERMINAL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE SAN JUAN CAPISTRANO MULTI-MODAL TERMINAL (D. W. CONTRACTING COMPANY, INC. ) WHEREAS, on the 7th day of September, 1982 , the City of San Juan Capistrano entered into a contract with D. W. Contracting Company, Inc. , for the construction of the San Juan Capistrano Multi-Modal Terminal; and, WHEREAS , the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does resolve as follows : SECTION 1 . That the work required to be performed by said contractor has been completed. SECTION 2 . That the total cost of said work is in the amount of $275 , 673 . 80 . SECTION 3 . That the work is hereby accepted and approved. SECTION 4 . It is further ordered that a "Notice of Completionberecorded, on behalf of the City, in the Office of the County Recorder of the County of Orange within ten (10) days of the date of this Resolution. PASSED, APPROVED AND ADOPTED this 21st day of June 1983 , by the following vote, to wit: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze and Mayor Bland NOES: None ABSENT: None ATTEST: ANTHONY L. LAND, MAYOR r - CITY CLE$-I -1- e#2 32'400 Pr BCi' DE4 it T(T' SAN PISTRA*O,CA44FOAFIIA 92.675 May 17 , 1983 D. W. Contracting 1504 Caribbean Laguna Beach, California 92651 Re: Change Order 3 (Multi-Modal Terminal) Gentlemen: At their meeting of May 17, 1983 , the City Council approved Change Order No. 3 , a 30-day extension of time to June 21 , 1983 , for completion of the Multi-Modal Terminal. If we can be of any further assistance, please let us know. Very truly yours, MARY ANN ANOVER, CMC City Clerk MAH/cj Cc: City Manager AGENDA ITEM May 17, 1983 TO: Stephen B. Julian, City Manager FROM: Pamela Hallan Gibson, Senior Administrative Assistant SUBJECT: Change Order #3, Extension of Time - Multimodal Terminal (D. W. Contracting) SITUATION: In order to meet grant requirements an extension of 30 days is being requested for the Multimodal Terminal construction contract with D. W. Contracting. The completion date will be June 21 , 1983. FINANCIAL CONSIDERATIONS: There is no additional cost associated with this change order. ALTERNATE ACTIONS: 1 . Approve the extension of time. 2. Request further information. ------------------------------------------------------------------------ ------------------------------------------------------------------------ RECOMMENDATION: By motion, approve Change Order #3, Extension of Time, Multimodal Terminal , and authorize the Mayor and City Clerk to execute all necessary documents. ------------------------------------------------------------------------ ------------------------------------------------------------------------ Respectfully submitted, 4:a2-0— 1pe ` " Pamela Hallan Gibson PHG:ch FOR MY COUNCIL AGENDA .. � y 0 f 5 . CHANGE ORDER NO. 2 - EXTENSION OF TIME - MULTI-MODAL TERMINAL (D.W. CONTRACTING) (88) As set forth in the report dated March 15 , 1983, from the Director of Public Works, Multi-Modal Terminal Contract Change Order No. 2, a 60-day time extension requested by D. W. Contracting due to rain delays, design modifications and additional work requested by the City, was approved. t 32400 PASEO AD ELANT0' SAN JUANY,CAR15TRANO.CALIFORNIA 92.675 'PHONe-493.1 1 71 March 17 , 1983 D. W. Contracting 1504 Caribbean Laguna Beach, California 92651 Re: Change Order No. 2 - Multi-Modal Terminal Gentlemen: At their meeting of March 15 , 1983 , the City Council took action to approve Contract Change Order No. 2 for a 60-day extension of time. The new completion date for the project is May 22, 1983. If you need additional information, please give us a call. Very truly yours, MARY MARY ANN HANOVER, CMC City Clerk MAH/na cc: Director of Public Works 1. AGENDA ITEM March 15 , 1983 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Contract Change Order No. 2 - Extension of Time Multi-Modal Terminal (D. W. Contracting) SITUATION The contractor for the San Juan Capistrano Multi-Modal Terminal has requested a 60 day extension of time to complete the project. This extension is predicated on the number of rain days, design modifications and additional work requested by the City. Staff is in concurrence with the Contractor ' s request based on the work constraints outlined and recommends approval of the 60 day time extension. FINANCIAL CONSIDERATIONS There are no additional costs to the City by this action. ALTERNATE ACTIONS 1. Approve Contract Change Order No. 2 for a 60 day time extension. 2. Do not approve Contract Change Order No. 2 . 3 . Request further information from Staff. RECOMMENDATION By motion, approve Contract Change Order No. 2 for a 60 day extension of time with D. W. Contracting for the Multi-Modal Terminal. Respectfully submitted, W. D �1 W. D. Murp WDM:CMB/mep Encl. V S FOUR CITY CONTRACT CHANGE ORDER Change Order No. 2 Beginning Contract Date September 16 , 1982 . Date March 15 , 1983 Contract Amount $ 257 , 092 . 00 Project No. Multi-Modal- Terminal Previous Change Orders $ 1 , 000 . 00 Locationyerdugo Street This Change Order $ -0- Adjusted Contract $ 258 , 092 . 00 Item Decrease In Increase In No. Description of Changes Contract Price Contract Price 1 . Extension of Time; due to ' inclement weather,, design modifications and additional work. Change In Contract Price Due to This Change Order $ $ - Net Change In Contract Price $ $ TIME SCHEDULE: ACCEPTANCE: DATE: Total Contract Days 180 Accepted by: ( D Amount Prior C.O. (s) n D.-7L-W. LContract} g Amount This C.O. 6n Recommended by: .`M C. M. Bryan , Engineering Assistant Adjusted Contract Days 240 New Date of Completion 5/22/83 Approved by: W. D. Murphy, Director of Public Work 6. APPROVAL OF CHANGE ORDER NO. 1 , MULTIMODAL TERMINAL (D. W. CONTRACTING) (88) Change Order No. 1 in the amount of $1, 000 , was approved for an additional move-in of paving equipment and materials in order to complete the automobile parking area prior to the Christmas season, as set forth in the report dated November 16, 1982 , from the Senior Administrative Assistant. o�(Y-VA' ,(MWA; prGf�r�r�z� 32400 PASEO ADELANTO d � SAN JUAN CAPISTRANO,CALIFORNIA 92675 t\ PHONE 493.1171. November 22, 1982 D. W. Contracting 1504 Caribbean Laguna Beach, California 92651 Re: Change Order #1 , Multimodal Terminal Gentlemen: At their meeting of November 16 , 1982 , the City Council took unanimous action to approve Change Order No. 1 , in the amount of $1 , 000 , to provide extra equipment to expedite the first phase of the construction of the Multimodal Terminal. If you have any questions, please don' t hesitate to call. Very truly yours, MARY ANN �fiANOVER, CMC City Clerk MAH/na CC: City Manager Director of Administrative Services AGENDA ITEM November 16 , 1982 TO: Stephen B. Julian, City Manager FROM: Pamela Hallan Gibson, Senior Administrative Assistant SUBJECT: Change Order #1 , Multimodal Terminal (D.W. Contracting) SITUATION: A change order has been requested to pay the cost of an additional move-in of paving equipment and materials in order to divide the construction of the Multimodal Terminal into two phases. This was done at the City' s request in order to accommodate merchants in the downtown who requested that the automobile parking area be completed prior to their Christmas season. Staff evaluated the request, felt that it was reasonable, and directed D. W. Contracting to make the change in his schedule. FINANCIAL CONSIDERATIONS: The cost of an additional move-in is $1 ,000 . Adequate funds have been budgeted within the Multimodal account to pay for this contingency. ALTERNATE ACTIONS: 1. Approve the change order. 2 . Deny the change order. 3. Request further information. ------------------------------------------------------------------- ------------------------------------------------------------------- RECOMMENDATION: Approve change order #1, Multimodal Terminal, in the amount of $1,000. ------------------------------------------------------------------- ------------------------------------------------------------------- Respectfully submitted, Pamela Hallan Gibson PHG: ch FOR CITY COUNCIL AGENDA 6 CONTRACT CHANGE ORDtR ' Change Order No. 1 • Beginning Contrac0ate Septembet 16•, 1982 Date November 2, 1982 Contract Arlount $ 257 , 092 . 00 Project No, Multi—Modal Terminal Previous Change Ord::rs $ _ _0_ Location ' Verdugo Street This Change Order $ 1, 000 . 00 ` Adjusted Contract $ 258 ,092. 00 Item Decrease In Increase In No. Description of Changes Contract Price Contract Price 1 Charge for Additional Move-in Asphalt Paving Multi-modal Terminal 1, 000 . 00 Change In Contract Price Due to This Change Order $ $ 1, 000 . 00 Net Change In Contract Price $ $ 1, 000 . 00 e� TIME SCHEDULE: no change ACCEPTANCE: DATE- - Total Contract Days Accepted by: i 11 Z $Z .W. CONTRACT G CO. Amount Prior C.O. (s) - ) -? - Amount This C.O. Reconunended bye - � a //-2 - � Z IOR ADMINISTRATIVE ASSISTANT Adjusted Contract Days New Date of Completion Approved by; W. D. MURPHY, DIRE TOR OF PUBLIC WORKS • P'c)"Tl) _2 SM 563 936 PREMI $5,142.00 r1NI'RICAN .'10TuP I STS I NSUIU,NCE CONIPANY AL BARKER BONDS 1701 So. Euclid PERPORN'vlNCE BOND _ CALIFORNIA _ PUBLIC WORM. Anaheim, CA 92802 (714) 635.4250 X:!OW .nLL HIEN BY THJ1"SE PRESENTS : 'Chat �e D. W. CONTRACTING CO. , INC. as l�r.u�cipal , tlnd i0h,:IZICAN ;-:',)T )R1S'TS 1.idSURI,NCE CUhIPANY , a Corporation orgz:niac_d and existi:xi under the l:",ws of the St:atc of Illinois and aut.hori�ed to tr@nsact suretY usiness ill the St,lte of California , �'s Surety, arc held and firmi'y' be�und '.ntto CITY OF SAN JUAN CAPISTRANO n the sun of TWO HUNDRED FIFTY SEVEN THOUSAND NINETY TWO AND NO/100 ( $257,092.00 ------ lawful money of. the United Suites of America , for the payment v,,horeof , well :unci truly to be mr:de , we hereby bind ourselves , our heirs , exec_ctur.s , �'droinistr:itor.s , successors and ass-lc,n'a , jointly scver' 1lj -, firmly by those pres��ut :: . The condition of the foregoincl obLigation is such that, whereas the abov,_ bounden Principal has entered into a contract ;I' tCc, , 19it11 said CITY OF SAN JUAN CAPISTRANO tr, do rand the followinel work , to-wit - MULTI-MODEL TERMINAL TAI3R111 r>12L, if Lhe .ibo vc_bolmden Pr.ii:cipol shall_ well 141"(1 truly perfo.rr.i , or cause to be perfnrmeel , each and all of the rud_iiraments and obligations of said contract to be perfornnc,d by Said Principal. , ,,s in said cuntrnct set forth , thea this mond shall i,u 11(111 - and void ; otherwise it shai.l remain in full force unu Ifcc.t SlGNED , soal�d cuxO, dc;Lcd this 10TH DAY OF SEPTEMBER, 1982 AMERICAN MOTOR.J STS INSUR P10E Coi•9PAD?Y • 13V: ✓ � �, ANNSLIE I. DOUGLASS, Attornu _in-Fact D.W. CONT TW�) � O. , IIC. BY: " PRESIDENT BY: / - L ✓ SECRETARY STATE OF CALIFORNIA ss, COUNTY OF LOS ANGELES ) ON SEPTEMBER 10, 1982 before me a Notary Public in and for said State, personally appeared ANNFT.TF. T_ DOUCLASS known to me to be the person whose name is subscribed to the within Instrument as the Attorney in Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to evie—wsau me that he subscribed the name of said Company thereto as MARIE L. JILEK Surety, and his own name as Attorney in Fact .y NOTARV ueia CALIFORNA >tPALoFFIMtiqi LOS Anc¢LEs cOLMM A,c4m""EKp. Mw.9. 1983 Notary Pub c AMERICAN MOTORISTS I&RANCE COMPANY • r"__1' Home Office: Long Grove, IL 60049 GROUP POWER OF ATTORNEY U Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint ******•* D. J. Picard and Annelie I. Douglass of Anahiem, California (EACH)******** its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1982, unless sooner revoked for and on its behalf as surety, and as its act and deed:Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds SEVEN HUNDRED FIFTY THOUSAND DOLLARS EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1982 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: ''VOTED, That the President or any Vice President or Secretary or any Assistant Secretary shall hace power and authority to ap- point agents and attorneys in lacl, and to authorize them to execute on behalf of The company, and attach the seal of the company thereto, bonds and undertakings, recognizances, conlracis of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents lot acceptance of process. ' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: "VOTED, Thal the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Com- pany, and the certification by any Secrelary or Assulanl Sectelary, may be affixed by facsimile on any power of aflorney executed pursuant to resolution adopted by thy, Board of Directors un May 16. 1962, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this _ 29th day of January Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY 1 z V. ,;J/ By � � R.H. Johnson—, Secretary G. H.Kasbohm, Vice President STATE OF ILLINOIS COUNTY OF LAKE }ss 1, Martha E. Anderson, a Notary Public, do hereby certify that G.H. Kasbohm and R,H. Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: February 16, 1984 Martha E. Anderson, Notary Public FM8]bl )EU IM PRINTED IN U.S.A. VOHu rn nnurney—term CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated January 29, 1982 on behalf of D J Picard and Annelie I. Douglass of Anahiem, California (EACH)*.** is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said G.H. Kasbohm and R.H. Johnson who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this 10TH day of SEPTEMBER 19 82 Sven L. lohanson, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Sm 563 936 BOND NO: 2 $5,142.00 INCL IN TERV AMERICAA NIQUANAV &SARANIE CONPAIlY UAd LAUGR AND MATERIAL PAYMENT BGND 'Ahwasm2gaz CALIVORNIA - PUBLIC WORK 0-N VPed,4 v , L MEN BY THEY PRESENIS : That we CITY OF SAN JUAN CAPISTRANO have awarded to D.W. CONTRACTING CO-, INC. hereinafter designated as the Contractor , a' contract for the work described as follows : MULTI-MODEL TERMINAL WHEREAS , said Contractor is req6irvd to furtti %n j it, (:0auecLikM1,jr with said contract , pruvidiNg Lhit it said Contractor , or any of his or its sub- contractors , :.hall fail L6 pay for any materidlS , provisions , Oroyeader A other suppiie, ar ! oaws tined in , upon , for or about the performance of the work contracted to he done , or for any work or labor thereon of any kind , that Cue %;reLy on Luis bona will Pay the Same ; 1 NOW , THEREFORE , we the undersigned Contractor z ! PriULIP11 , and AMERILAN MOTURIKfS I %SURAAC COMPANY , a corporation erqattized an" Q? tstinq under the laws of the `.,tate at Illinois , ana duly quthorized to transact business in the State of California , as Surety , are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO in the Sum (AWN, HUNDRED FIg SEMS Said so being not tess than Cp 1W r;yfW fI��YtTeO ON 012.00) N04100- (1257, IM, LeU woun . uay�it is Ly' the said CITY OF SAN JUAN under the Lcrms of ' he contract , for which payment C F1 an I truly to he made , no binj aurnelves , our heir. , exccutors , a4ministraLors , Spvn cc . ors and 3s% ; qn% , jv jointly and severally , firmly by the%e presents . 1p: COiIO : TIQN OF THIS 06LIGATION IS SUCH , That , if said Contractor , his or its heirs , executors , administrators , successors and ansigns , or sub-contracLorS , shall fail to nay for any materials , provisions , or provender or other supplies or Leans , inn! ements or machinery 6SCd in , upon , for ur about the performance of Lhe work contracted to be done , or for any work ur labor thereon of any kind or for amounts due under the Unemployment insurance AcL with respect to such work at- labor as required by the provisions of Chapter 7 , Title 15 , part 4 of Division 3 of the Civil Code , and provided Lhat the claimant shall have complied with the provisions of said Code , the Surety , or Sureties hereon will pay for the same in an amount not exceeding the sea specifies in this hand , otherwise theabuvo ubliyaLion shall be vuid . In case suit is brought upon this bond , thu said Surety will pay a reasonable attorney ' s lee to be fixeJ by the court . This bond shall inure to the benefit of any and all persons , conpanies and corporations entitled to file claims under the Civil Code , so as to give a right of action to them or their assigns in any suit brought upon this bond . SIGNED , SEALED AND U510 THIS IOTI DAY OF SEPTEMBER, 1982 AMERICAN MOTORISTS INSURANCE COMPANY BY : ANN&YE-1.0DOUCIUASI �Att ley- in-Fact - EWW. CONTRffING CO. , I C. BY: PRESIDENT BY: SECRETARY IV FrAllml STATE OF CALIFORNIA I ss. COUNTY OF LOS ANGELES 1 ON SEPTEMBER 10, 19 82 before me a Notary Public in and for said State, personally appeared ANNRT.TF T- DO TG .A S \ known to me to be the person whose name is subscribed to the � within Instrument as the Attorney in Fact of AMERICAN 1)J MOTORISTS INSURANCE COMPANY, and acknowledged to 1 ��� oFaGwsEAL me that he subscribed the name of said Company thereto as / MARIE L. JILEK Surety, and his own name as Attorney in Fact "!►' ?WARV PUBLIC CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY t MY COmrWAOR ExP Mar 9. 1983 Notary Pu is ' CERTff1CAn0N I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated January 2Q, 1982 on behalf of D. J. Picard and Annelie I. Douglass of Anahiem, California (EACH)*.** s a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said G.H. Kasbohm and R.H. Johnson who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this 10TH day of SEPTEMBER ig t 2 Sven L. Johanson, Secrelary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. AMERICAN MOTORISTS IN!)vRANCE COMPANY Home Office: Long Grove, IL 60049 GROUP POWER OF ATTORNEY U Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint ******•• D. J. Picard and Annelie I. Douglass of Anahiem, California (EACH)******** its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1982, unless sooner revoked for and on its behalf as surety, and as its act and deed:Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds SEVEN HUNDRED FIFTY THOUSAND DOLLARS EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1982 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: 'VOTED, Thal the President or any Vice President or Secretary or any Assistant Secretary shall haee power and authority to ap- point agents and attorneys in tacl, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognlzances, contracts of indemnily and other writings obligatory in the nature thereof, and any such ollicer of the company mr may appoint agents Juacceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: ''VOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Com- pany, and the certification by anySe<relary- or Assistant Secretary, may be affixed by lacsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on V1ay 16, 1962, and any such power -o executed, sealed and certified with respect to any bond or undertaking to which it Is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this _qday of January , 1982 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY ,4 —4g::t, By By R.H. Johnson, Secretary G, H. Kasbohm, Vice President STATE OF ILLINOIS COUNTY OF LAKE }ss I, Martha E. Anderson, a Notary Public, do hereby certify that G.H. Kasbohm and R.H. Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes thereinsetforth. My commission expires: February 16, 1984 Martha E. Anderson, Notary Public FM e3o-t rao IM PRINTED IN U.S.A. Power ui nuornry—term 4. AWARD OF CONTRACT FOR MULTI-MODAL TERMINAL (D. W. CONTRACTING COMPANY) (38) Written Communications: Report dated September 7, 1982, from the Administrative Assistant to the City Manager forwarding the results of bids received on August 24 for construction of the Multi-Modal Terminal. The report further advised that the total amount budgeted for construction is $256,000 , which includes approximately $40.000 for construction surveying, inspection, e archaeological monitoring, and contingencies, and an additional $40 , 532 for additive items which were bid separately. The five alternates and their respective construction costs as submitted by D. W. Contracting Company are as follows: 1. Increased tree size $12,825 2. Overall site lighting 37,450 3. Eastern walkway (Arguello Way) 15,295 4. Site furniture 9,856 5,. Walkway - Camino Capistrano 6,198 Total 81,624 Award of Contract: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to award the contract to the lowest responsible bidder,. D. W. Contracting Company, Inc. , for construction of the Multi-Modal Terminal in the amount of $175,468 with an additional $81, 624 authorized for all five alternates and to reject all other bids received. The Mayor and City Clerk were authorized to execute the contract on behalf of the City; and, staff was authorized to amend the Capital Projects Budget, reducing the Equestrian Crossing by $50,000 and transferring that amount to the Multi-Modal Terminal Account. The City Manager recommended that funds not utilized be returned to the Equestrian Crossing Account. 9� rl ( 32400 PASEO ADELANTO 1 � SAN JUAN CAPISTRANO. CALIFORNIA 92673 PHONE 493.1171 September 14, 1982 D. W. Contracting Co. , Inc. General Contractor - Civil Engineer 1504 Caribbean Laguna Beach, California 92651 Re: Award of Contract Multi'-Modal Terminal Gentlemen: At their meeting of September 7 , 1982, the City Council awarded the contract for the construction of the Multi-Modal Terminal to your company in the amount of $175,468 , with an additional $81,624 authorized for all 5 alternates. Enclosed are two copies of the contract. Please sign and date both contracts and return the "City Copy" to this office along with all required bonds and insurance. The contract documents are to be executed by your company within 15 days of this notice. I am enclosing Pages 14 , 23 , and 24 of the bid documents which cite the City's requirements for bond and insurance amounts. These requirements must be met as stated before the contract is effective. If I can be of any help to you, please do not hesitate to call. Thank you for your cooperation. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH/na Enclosures cc: R. J. W. Construction Co. Sully-Miller _Hondo Company Inc. Industrial Turf, Inc. Maness Excavating & Grading Mathis Construction, Inc. David W. Haas Administrative Assistant to the City Manager r AGENDA ITEM September 7 , 1982 TO : Stephen B. Julian, City Manager FROM: Pamela Hallan Gibson, Administrative Assistant to the City Manager SUBJECT: Contract for Multi -Modal Terminal SITUATION Bids have been received for construction of the Multi-Modal Terminal . Staff is recommending award of the contract to D. W. Contracting Company, Inc . , low bidder. FINANCIAL CONSIDERATIONS The list of bidders and their base bid prices are as follows : D. W. Contracting Company, Inc . $175 ,468 R.J.W. Construction Company $201 ,920 Maness Excavating F, Grading $217 , 517 Hondo Company, Inc . $220 ,367 David W. Haas $228 , 580 Sully Miller Contracting Co . $240 , 232 Industrial Turf, Inc . $262 ,629 J. V. Mathis Construction, Inc . $267 ,345 The total amount budgeted for construction is $256 , 000 , which includes approximately $40 , 000 for construction surveying , inspection, archaeological monitoring , and contingencies . This leaves an additional $40 , 532 for additive items which were bid separately. The five alternates and their respective construc- tion costs as submitted by D. W. Contracting Company are as follows : 1 . Increased tree size $ 12 , 825 2 . Overall site lighting $ 37 ,450 3 . Eastern walkway (Arguello Way) $ 15 , 295 4 . Site furniture $ 9 ,856 5 . Walkway - Camino Capistrano $ 6 , 198 Total $ 81 ,624 Staff believes it would be cost-effective to construct the entire Multi-Modal terminal project at this time , rather than delete portions for construction at a later date . The cost of all five alternate items is $81 ,624 , yet, there is only $40 , 532 additional funds available. In view of Council 's direction to have a balanced budget, staff is recommending a transfer of $50 ,000 from the Equestrian Crossing to Multi -Modal terminal , leaving a balance of $50 , 000 for the Equestrian Crossing project . Staff believes this would be an adequate amount to develop a specific plan for the crossing and to obtain all necessary permits and approvals during this fiscal year so that the Equestrian Cross - ing can be budgeted for con ruction in 1983-84 . Agenda Item - Multi-Modal Terminal September 7 , 1982 Page 2 ALTERNATE ACTIONS 1 . Award the contract and amend the budget . 2 . Do not award the contract . 3 . Readvertise for bids . RECOMMENDATION By motion, award the contract to the lowest responsible bidder , D. W. Contracting Company, Inc . , for construction of the Multi- Modal terminal in the amount of $175 ,468 with an additional $81 ,624 authorized for all five alternates and reject all other bids ; authorize the Mayor and City Clerk to execute the contract on behalf of the City ; and, authorize staff to amend the capital projects budget , reducing the Equestrian Crossing by $50 ,000 and transferring this amount to the Multi-Modal terminal . Respectfully submitted,( Pamela Hallan Gibson PHG/pjs MEMORANDUM September 7 , 1982 TO: Stephen B . Julian, City Manager FROM: Pamela Hallan Gibson, Administrative Assistant to the City Manager SUBJECT: Breakdown of Contingencies for Multi-Modal Terminal SITUATION The agenda item which recommends award of bid for Multi -Modal terminal construction indicates that there is approximately $40 , 000 reserved for contingencies . This is broken down as follows : 1 . Construction surveying $ 8 ,000 2 . Inspection $ 8 ,000 3. Archaeological monitoring $ 1 ,000 4 . Unforeseen problems requiring change orders $23 ,000 Informal bids are required for the construction surveying , so this amount may be reduced. Inspection is done in-house and is already accounted for in the general fund. The archaeological monitor is a requirement of the Downtown EIR. We are not expecting change orders , but for projects of this size we ordi- narily reserve about 10a for contingencies . Respectfully submitted, Pamela Hallan Gibson PHG/pjs B I D P R O P O S A L For .the : From: © lAJ • �yydww�Aa' tbtil� Contractor To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans and Specifications and General Conditions therefor, read the. Instructions to Bidders , and is familiar with all pro- posal requirements, and hereby proposes and agrees , if the pro- posal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total excluding any and all alternates of : ords f Figur s Said amount to include and cover all taxes , the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, ap- paratus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described shown and intended in the Specifications or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of 180 _ days . -4- All bids are to be computed on the basis of the given Estimated Quantities of work, as indicated in this proposal, times the unit prices as submitted by' the bidders . In case of discrepancy between words and figures , the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit ptice shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals . The estimated quantities of work indicated in this proposal are approximate only, being given solely as a basis for comparison of bids. It is understood that the City does not expressly nor by implication agree that the actual amount of work will corres- pond therewith , but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that. the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier' s check shall be returned to the undersigned within thirty (30) days . No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council , then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal . Accompanying this proposal is 6 v,�L (insert "S cash" , cashier' s check, certified check or bidder's bond, as the case may be) in an amount equal to at least ten percent (108) of the total bid. • The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: -S- Licensed in accordance with an act providing for the registration of contractors -- License No . Sig ture of Bidder: VIC- (If an individual , so state. If a firm or co-partnership, state the firm name and give the names of all individual co- partners composing the firm: president, secretary, treasurer and manager thereof. ) F DATED: = � " tl ( �� E�.r`�*✓��/_ice v-r,�^`�-'C�C�� Business Addres , A-i— 422-0 Phone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal , that they are correct to the best of his knowledge and that they constit e his proposa for the work called out herein. Signature of -�d'der Date <'_(-q? �� Phone Number -6- SCHEDULE OF WORK ITEMS TEM NO. APPROX. WORK ITEM WITH UNIT UNIT PRICE TOTAL QUANTITY (PRICE WRITTEN IN WORDS ) (IN FIGURES ) AMOUNT 1. L.S. Mobilization $ zt ' 2. L.S. Clearing & Gqr bb3*- g 3. L.S. Gvre-g�ite d3 3L?G�i — $ -�cl�➢ 4. 1,300 tons Base $ $ / ('L 5. 1 ,005 tons As alt /�coj/n�c� J/e(�tey paving T $ ?© a $ 6. 400 L.P. As halt- r�oncrete(�curb $ v $ " 7• 6, 400 sq. ft. P.C.C. Pain $ - - $ rZ4,00 - 8. 385 sq. ft. Brick on sand(tree wells)�P 9. L.S. Construc�t/ Masonry W411/ 60ce 20. L.S. Ca stuct_ helter $ ZC�ZXJ 11. L.S. TrashEnclosure Multi-M dal Ar 12. L.S. Trash Enclosure Depgt Area `" �,� 13. 1 ,090 L.F. P.C1C. curb and gutter � T�e- D $ . /,0 - $ /C� a? _ 'E''y� fEe. , C(r- //". - _A/ 14. 3 ea. P.0 C. DrivewAy approach $ �36' 9m$ = �„i '�_._._ 15. L.S. Construct landscape drainage facilities 7p} $ 7GY1 16. 1 ea. nstruct C t h a in $ / ? "- $ 17 . 1 ea, c struct 'utiortucture$ / L�' $ 18. 26 L.F. 189 R. 0 _ $ 910 — 19 1200 sq. ft. Construct Iter $ �--' $ 27Q0 =' 20. L.S. Autom tic Irrigatio lqztk% '- $ %C%',eer" 21. L.S. Lighting (Base Bid) $ /2Q.7o-- -6A- EM NO. APPROX. WORK ITEM WITH UNIT UNIT PRICE TOTAL QUANTITY (PRICE WRITTEN IN WORDS ) (IN FIGURES) AMOUNT 22. L.S. Landscape construction , 120 day maintenance and 19 o= 1� est nti a hnet[E/Fir� s 19a7 � $ 23, L.S. Parkin lot stri i 2 g c,1->; $ 2e � �y 24. 1 ea. Construct wrought iron gat,e $ 3 $ 25. L.S. Constru/c�t� handra/il/s7 J ��W $ 26. 21 ea. Parking wheel stops $ /Q $ 210 t' TOTAL BASE BID (EXCLUDING ANY AND ALL ALTERNATES) THE FOLLOWING ALTERNATE ITEMS MAY OR MAY NOT BE INCLUDED EITHER COLLECTIVELY OR INDIVIDUALLY IN THE CONTRACT TO CONSTRUCT to pit). THE MULTI-NODAL TERMINAL. U) Increased Tree Size IA L. S. Install 22-30" box trees in lieu of 15 gallon trees (complete) Install 2-60" box trees in lieu of 24" box trees ., J�(C�om�/T]ete) s/��• / < $ - /2- R 2A L.S. (2) Overall siteghting within Base Bid area (Arguello Way N. I .C. ) ino istr/a���'J,o N/.yIq��C lf-�YL V'Kin �'.'LC"'/o'�/�1C 3A L.S. (3) Eastern walkway-Arguello Way work includes such items as, - demolition - approx. 1600 S.F. pavement removal and approx. 500 S.F. concrete valley gutter removal; hardscape-approx. 1300 S.F. concrete paving; approx. 50 L.F. planter wall; approx. 100 L.F flash wall ; planting, w ' ratio irJfo� dwcCgnC'� ����ors$ -97 �Fu. rr 4A L. S. (4) Site Furniture - Benches, trash containers, drinking fountain, bike racks and east aluminum tree wells -6B- ITEM APPROX. WORK ITEM WITH UNIT UNIT PRICE TOTAL NO. QUANTITY (PRICE WRITTEN IN WORDS) (IN FIGURES) AMOUNT 5A L.S. (5) Walkway Camino Capistrano Work includes such items as, demolition-approx. 600 S.F. concrete removal , and approx. 250 S.F. of brick removal; hardscape-approx. 450 S.F. concrete paving and approx. 55 L.F. curb and gutter; reset various utility boxes, poles and area drain inlet; planting, � G®' irrigation and lighting $ 6199 , In case of discrepancy between the item price and the total set forth for the item, the item price shall prevail, provided, however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain, for any cause, or is omitted, or in the case of unit basis items , is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: (1) As to lump sum items, the amount set forth in the "Total" column shall be the item price. (2) As to unit basis items , the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price. -6C- NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) County of Orange ) ss. David Whiteaon being first duly sworn deposes and says that he is President of D,W, Contracting Inc the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or any- one else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bid- der, or to fix the bid price of or cost element of such bid price , or of that of any other udder, or to secure any advantage , against the public body awarding the contract of any one inter- ested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection there- with, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business . -7- ON August 31, 1982_. 1 before me , the undersiancd, a Notary Public in .and for said State, personally appeared David Whitegon, President of D.W. Contracting, Inc. to be the person whose name is subscribed to the within Instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal . Carol J. Crowley Notary Public in and fo4 said Sta 4 OFFICIAL SEAL CAROL J. CROWLEY ppp y NOTARY PUBLIC-CALIFORfYIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Fxptres November 20,788{ DESIGNATION OF SUB-CONTRACTORS Submit with Proposal. .In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub-bids of the fol- lowing listed sub-contractors in making up his bid, and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with 'the applicable provisions of the Specifications . It is understood and agreed that all those portions of the work called for in the contract documents for which a sub-contractor is not listed will be performed by the undersigned through his forces . If no sub-contractors are listed, all bonds and insurance will be written in the name-of the general contractor only. ITEM OF WORK SUB-gCONT RACTO)R ADDRESS PHONE NO. �1Xx;ri� c 1�c�V mac_ wf �ti 2"' - 067 v ti 3. 4. 5. 6. 7. 8. DWI1 BIDDER'S NAME AUTHORIZED SIGNATU —9— �f At1 n P.n1 _ P. Las hige?es,. 005 CA 97-0903 {21S) 3Q005 BOND NO. 2SM 563 387-2 BID DATE: 8131182 AMERICAN MOTORISTS INSURANCE COMPANY BID BOND KNOW ALL MEN BY THESE PRESENTS : That We , D. W. CONTRACTING COMPANY, INC. as Principal , and the AMERICAN MOTORISTS INSURANCE COMPANY , a corporation organized and existing under the laws of the State of Illinois , and authorized to do business in the State of CALIFORNIA as Surety , are held and firmly bound unto the CITY OF SAN JERAN CAPISTRANO as Obligee , in the sum of THIRTY THOUSAND ANDPD11100------------- ---------($30,000.00)-------SOLLARS , lawful money of the United State of America , to the payment of which sum well and truly to be made , the said Principal and Surety bind themselves , their and each of their heirs , executors , administrators , successors and assigns , jointly and severally by these presents . THE CONDITION OF THIS OBLIGATION IS SUCH , that , if the Obligee shall make any award to the Principal for : *MULTI—MODEL TERMINAL* according to the terms of the proposal or bid made by the Principal therefor , and the Principal shall duly made and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof , with the American Motorists Insurance Company as Surety or with other Surety or Sureties approved by the Obligee ; or if the Principal shall , in case of failure so to do , pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond , then this obligation shall be null and void ; otherwise it shall be and remain in full force and effect . Signed , Sealed and Dated this 24th day of August, 1982. AMERICAN MOTORISTS INSURANCE COMPANY BY : STEPHE c. xoLs, Attorney- in-Fact D. W. CONT ACTING COMP Y JNC. 4 BY: 16 r PRES. BY: ' C SE . STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES ) ON AUG 24 1982 19 � , before me a Notary Public in d for said State, personally appeared \ Steahen Can. Kolb known to me to be the person whose name Is subscribed to the � within Instrument as the Attorney in Fact of AMERICAN t)) MOTORISTS INSURANCE COMPANY, and acknowledged to :k-3=,a . N0TA1Zy OFFICIALjCALIFORNIA AL me that he subscribed the name of said Company thereto as TTY MONTMERY Surety, and his own name as Attorney In Fact PUBLIC - ' Los ANGELES KT! / comm. expires JUL 19, 1983 I Notar ubltc AMERICAN MOTORISTS INOANCE COMPANY �1 Home Office: Long Grove, IL 60049 GROUP POWER OF ATTORNEY U Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint .+•+..•. Stephen C. Kolb, James H. Restrick, Marie L. Jilek, and R. G. Park of Los Angeles, California (EACH)********* *** ******** ***** ** *** *** * its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seat, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1982, unless sooner revoked for and on its behalf as surety, and as its act and deedAny and all bonds and undertakings provided the amount of no one bond or undertaking exceeds SEVEN HUNDRED FIFTY THOUSAND DOLLARS EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by.its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1982 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, Thal the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to ap- point agents and attorneys in fact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by au'hority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: "VOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Com- pany, and the certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on May 16, 1962, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company," In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this _ 23rd day of March 19 82 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY By R.H.Johnson,Secretary G. H.Kasbohm,Vice President STATE OF ILLINOISIss COUNTY OF LAKE J I, Martha E. Anderson, a Notary Public, do hereby certify that G.H. Kasbohm and R.H. Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: February 16, 1984 t Martha E.Anderson, Notary Public FM83&1 )-W IM' PRINTED IN U.S.A. CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated March 2q, 1982 on behalf of -qtpJlhPn C_ Kolb, .Tampa u_ Restrick, Marie L. Jilek and R- G_ Park of Too-, Angeles. California IVA('g)*iF1HF>E*is a true and correct copy and that the same has been in full force an�ect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said G.H. Kasbohm and R.H. Johnson who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this 24th day of AUCITST 19R2 Sven L.Johanson, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. • NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano ,will up to 2 : 00 p.m. on the 31st day of August , 1982 , receive sealed proposals or bids for the Construction of the Multi-Modal Terminal , in accordance with the approved plans and specifications on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San'Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accompanied by a certified check, cash, cashier' s check' or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier' s check or bidder' s bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference, is scheduled at 10: 00 a.m. on the 24th day of August, 1982, at the City offices . The con- tractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor' s responsibility to be in attendanoe at this conference to receive any information disclosed during the proceedings , for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions , explanations, or inter- pretation of the plans , specifications, and contract documents presented to the bidders in any manner. - 1 The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Perfor- mance Bond equal in the amount of one-hundred percent (100%) of the contract price. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. R time limit of one hundred eighty (180) days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages , as determined by the Director of the State Department of industrial Relations , are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of Plans and Specifications one on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and speci- fications for use in preparing bids may be obtained at the office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10 , nonrefundable, is reouired for obtaining each set of plans and specifications . There will be a $5 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor' s License number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors . -2- This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated .this day of ,T— CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- . / � . rr • RMS (PROJECT VMS . . AMOUNT :. WO 1. oss JMAI � OR /// t�I r� ♦ i♦ `. ?1� �! - �. t� !i X22:. t� IU M Q� t ♦ i CCZ City Clerk' s Staff (3) Public Works HEARINGS 1. APPROVAL OF EMINENT DOMAIN PROCEEDINGS FOR PROPERTY ACQUISITION (MULTI-MODAL TRANSPORATION TERMINAL (88) Proposal : Acquisition of real property known as Lots 9 and 10 , Tract No. 50 , known as Assessor ' s Parcel No. 121-141-25 and 121-141.-26 and located adjacent to Camino Capistrano, for a public parking facility in conjunction with the construction of a multi-modal transportation terminal, through the use of eminent domain proceedings. Written Communications : Report dated July 6 , 1982 , from the City Attorney advising that staff is prepared to make an offer to purchase to Knut Husby, the property owner; however, State grant funds for property acquisition are subject to a July 1 , 1983 , deadline and, therefore, condemnation proceedings must commence. Property Owner: Knut Husby, 26332 Via Alano, San Juan Capistrano. The City Manager advised that the report dated June 6, 1982 , by Charles Fox appraised the property at $232, 897 and that available grant funds of $200, 000 could be utilized for property acquisition, with the remainder payable by the City. Authorization for Condemnation: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze to adopt the following Resolution: RESOLUTION NO, 82-7-6-2, RESOLUTION OF NECESSITY (HUSSY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO FOR PARKING PURPOSES AND DECLARING A NECESSITY THEREFOR (HUSBY) The motion carried by the following vote : AYES: Councilmen Friess , Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None The Resolution finds that the public interest and necessity require the property requisition for construction of a public parking facility pursuant to Sections 37305 . 5 and 37353 of the Government Code and directs the City Attorney to file a Superior Court action for other purpose of condemning and acquiring the property. The City Manager was authorized and directed to negotiate with Mr. Husby for purchase of the property. -21 gam PROOF OF NATION This spaefor the County Clerk's "ina Stamm (2015.5 C.C.P.) ., d .. STATE OF CALIFORNIA, County of Orange City of San Clemente Proof of Publication of NOTICE INVITING BIDS ............................................_................... .._...._.. I am a citizen of the United States and a resident Y g of the Count aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal Nobee-#r sWA ihsR'sn�s:CMj at of SElesa dieq clerk of the printer of the San Clemente Sun-Post a newspaper of general circulation printed and ue" DAILY s:oo p.la mea st t d"of p in the City of San Clemente V ublished ....---.-_- ...... . . Au�ut ! LP RO County of Orange, and which newspaper has been adjudged a newspaper of general circulation by to the Superior Court of the County of Orange, State I of California under the date of March 11, 1560, Pnsn!► E�Iko, , Jose- Case Number A9140; �. � that the notice, of which the annexed is a printedf ;. .. asell copy (set in type not smaller than nonpareil), has A been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ................................ ' - - . July-..29...and.. ?IBIISt...Jr-------------- - ----- ---- all in the year 19...82 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 5thday of ......August.... ...... ............, 19....82. Signature SA:: CLEMENTE PUBLISHING CORP. 15.12 North El Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 7141192-5121 NOTICE OF TRANSMITTAO LEGAL PUBLICATIONS • TO: DAILY SUN-POST Helen Nielsen, Legal FOR PUBLICATION ON: THURSDAY, JULY 29 , 1982 and THURSDAY, AUGUST 5, 1982 DOCUMENT (S) TO BE PUBLISHED: NOTICE INVITING BIDS - CONSTRUCTION OF THE MULTI-MODAL TERMINAL . PROOF OF PUBLICATION: Please send to: . Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: DATE: July 22 , 1982 Date of Bid Opening 8/31/82 Date (s) notice published 7/29/82 & 8/5/82 Date affidavit received Date notice posted in designated posting places (3) 7/29/82 - 3 page notice Date notice (s) posted on property n/a Date of mailing notices to property owners n/a Engineer' s Estimate - $216 , 000 per Dana K. - 7/22/82 , cdc NOTICE INVITING BIDS CONSTRUCTION OF THE MULTI-MODAL TERMINAL Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Construction of the Multi-Modal Terminal until 2 :00 P.M. on the 31st day of August 1982 A pre-bid conference is scheduled at 10 :00 A.M. on the 24th day of August 1982 , at the City offices to assist contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at a non-refundable charge of $10 .00 , plus a charge of $5 . 00 for each set of plans and specifications mailed. Dated: July 22 , 1982 �� CITY CLE CITY OF AN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA NOTICEINVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will up to 2 : 00 p.m. on the 31st day of August , 1982 , receive sealed proposals or bids for the Construction of the Multi-Modal Terminal , in accordance with the approved plans and specifications on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adel4nto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications . Each proposal or bid must be accompanied by a certified check, cash, cashier ' s check or bidder' s bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier' s check or bidder' s bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10 : 00 a.m. on the 24th day of August, 1982, at the City offices . The con- tractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor' s responsibility to be in attendanoe at this conference to receive any information disclosed during the proceedings , for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions , explanations, or inter- pretation of the plans , specifications, and contract documents presented to the bidders in any manner. - 1 - The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Perfor- mance Bond equal in the amount of one-hundred percent (100%) of the contract price. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of one hundred eighty (180) days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per_ diem wages , as determined by the Director of the State Department of Industrial Relations , are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of Plans and Specifications one on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and speci- fications for use in preparing bids may be obtained at the office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10 , nonrefundable, is required for obtaining each set of plans and specifications . There will be a $5 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor ' s License number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors . -2- This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this �_/� day of /��Y ZLw „ z� - CITY CLERfe CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY , CALIFORNIA -3- BIDS, CONTRACTS, AGREEMENTS 1. MULTIMODAL TERMINAL - APPROVAL OF PLANS, SPECIFICATIONS AND CALL FOR BIDS (88) Written Communications : Report dated July 20, 1982, from the Director of Public Works advising that Caltrans and the Office of the State Architect have approved the plans and specifications for the construction of the Multimodal Terminal. Approval of Specifications and Call for Bids: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve the plans and specifications and to authorize a call for bids for constructior of the Multimodal terminal. 7/de) AGENDA ITEM July 20 , 1982 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Plans, Specifications and Call For Bids - (Multimodal Terminal) SITUATION The plans and specifications for construction of the Multimodal Terminal have been completed. Caltrans, as well as the Office of the State Architect, have reviewed and approved of the plans and specifications. It is desirable to proceed with the project at this time by seeking Council approval of the plans and specifications and authorization to call for bids. FINANCIAL CONSIDERATION The Engineer's estimate for this project is $216,000 , The total amount budgeted for construction purposes is approximately $256 , 000 which includes $9 ,000 for construction surveying, $8 ,000 for con- struction inspection, $23, 000 for contingencies, and $216 , 000 for actual facility construction. This construction is budgeted for in the Systems Development Project Account #06-4706-525 . ALTERNATE ACTIONS 1. Approve the plans and specifications and authorize call for bids. 2 . Do not approve the plans. 3. Refer back to staff for additional information. RECOMMENDATION By motion, approve the plans and specifications and authorize staff to call for bids to construct the Multimodal Terminal . Respectfully submitted, W. W. urpAl D. Murp WDM.DRK/rem Encl. WR CITY COUNCIL AGENDA ... CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA It PLANS, SPECIFICATIONS SPECIAL PROVISIONS AND CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF THE MULTI-MODAL TERMINAL CITY COUNCIL LAWRENCE F. BUCHHEIM, MAYOR PHILLIP SCHWARTZE GARY L. HAUSDORFER ANTHONY BLAND KENNETH E. FRIESS W. D. MURPHY DIRECTOR OF PUBLIC WORKS G. M. LOHNES, JR. CITY ENGINEER TABLE OF CONTENTS Title Page CONTRACT DOCUMENTS NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . 1 BID PROPOSAL . . . . . . . . . . . . . . . . . . . . 4 SCHEDULE OF WORK ITEMS . . . . . . . . . . . . . . . . 6A -6C NON-COLLUSION AFFIDAVIT . . . . . . . . . . . . . . . 7 DESIGNATION OF SUB-CONTRACTORS . . . . . . . . . . . . 9 INSTRUCTION TO BIDDERS . . . . . . . . . . . . . . . . 10 CONTRACT . . . . . . . . . . . . . . . . . . . . . . . 16 BID BOND . . . . . . . . . . . . . . . . . . . . . . 19 FAITHFUL PERFORMANCE BOND (SAMPLE), . . . . . . . . . . 20 LABOR AND MATERIAL BOND (SAMPLE) . . . . . . . . . . . 21 AFFIR^IATIVE ACTION DOCUMENTS 22 SPECIAL PROVISIONS WORK TO BE DONE . . . . . . . . . . . . . . . . . . . 23 STANDARD SPECIFICATIONS . . . . , , , . , , . 23 - 24 TERMS DEFINED . . . . . . . . . . . . . . . . . . . . 24 S13ECIAL PROVISIONS OF ITEMS OF WORK, MATERIALS, AND METHODS OF CONSTRUCTION . . . . . . . . . . . . . . . 26-34 SPECIAL PROVISIONS OF ALTERNATE ITEMS. OF WORK, MATERIALS AND METHODS OF CONSTRUCTION . . . . . . . . 34-34A MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . 35 GENERAL REQUIREMENTS . . . . . . . . . . . . . . . . 38 a�; rir �ruort �pO ~ 3?400 PASSO ADELANTO SAN J AN CAPISTRANO.CALIFORNIA 92473 ",NONE 493.1171' ' ' AUGUST 24, 1982 ADDENDUM NO. 1 PLANS, SPECIFICATIONS, SPECIAL PROVISIONS AND CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF THE MULTI-MODAL TERMINAL 1. Special Provisions of Items of Work, Materials and Methods of Construction A. CLARIFICATIONS 1) Bid Item 13 - P.C.C. Curb and Gutter Type D The work within this item includes all curb and gutter irrespective of gutter pan width as specified on the plans . In addition, all concrete valley gutter, which is shown on plans is to be included in this item. B. ADDITIONS 1) Bid Item 22 - Landscape Construction, 120 Day Maintenance and Plant Establishment Following the end of the first sentence " . . . as drawn and specified" . Add these sentences : Soil conditioning in all planting areas shall consist of the following applications per 1,000 square feet: 3 cubic yards of nitrolized redwood shavings, 30 pounds of 16-16 commercial fertilizer, and 100 pounds of gypsum. All soil amendments shall be thorougly rototilled in two directions into the top 6" of soil . 2. The Bidder shall sign and return a spy o,f Addendip No. 1 with the Bid. C15ntract Very tr�you�, I Engineer /J Dana Kasdaffn�, Assocciia a CiviV INSTRUCTION TO BIDDERS Securing Documents Plans., specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids" . Examination of Plans , Specifications and Site of Work The bidder is required to examine the site of work, the proposal , the plans and the specifications very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents . The plans for the work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omission from, the drawings , specifications or other proposed contract documents , or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for .correction, clarifiQation or interpretation of the point or points in question. The person submitting such a re- quest shall be responsible for its prompt delivery . In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly and fully set forth , or if the Engineer discovers errors, -10- omissions , or points requiring clarification in the drawings or documents , a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Be- fore submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or cor- poration who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder , is not hereby disqualified from submitting a bid in 'his own behalf . Proposals Bids to receive consideration shall be in accordance with the following instructions : A. Bids shall be made only upon'the forms provided within these specifications ; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures ; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures , the words shall govern. -11- • B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equip- ment and references properly and fully filled out. E. Each bidder shall list his proposed sub-contractors on the form accompanying the proposal in accordance with the pro- visions of the specifications . F. Each bidder must accompany his bid with either a cashier' s check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not less than ten (10) percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds . The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these -documents , such check or bond, and the money re- presented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten (10) percent of the amount of the bid. A bid received .and not accompanied by such cashier ' s check, certified check Or approved bond shall be rejected. -12- G. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids , as hereinbefore specified in the "Notice Inviting Bids" . Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons , firms , partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawl of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for re- ceipt of bids . Opening of Bid Proposals The City will , in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids" . Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids . The con- tract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids" . The City, however, reserves the right to reject any or all bids and to waive any nonconformity in the bids received. -13- ' The bidder to whom the award is made shall execute a written contract with 'the City and furnish the stipulated bonds , insurance and bid breakdown within fifteen (15) days after the notice of award of contract. The contract shall be made in the form adopted ' by the City. The release of the successful bidder' s surety deposit, as previously stipulated (page 5) , shall be made upon the City ' s acceptance of the Labor and Materials Bond and the Faithful Per- formance Bond. If the bidder to whom the award is made fails to enter the ' contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made . A corpora- tion to which an award is made shall furnish evidence of its cor- porate existence and evidence that the officer signing the con- tract and bonds for the corporation is duly authorized to do so. ' Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material ' Bond in a sum not less than one hundred percent (1008) of the total amount payable by the terms of the contract and a Faithful ' Performance Bond in a sum not less than one hundred percent (1008) of the amount of the contract. Said bonds shall be ' secured from a surety company satisfactory to the City. Surety companies , to be acceptable to the City, must be authorized to ' do business in the State of California and be on the accredited list of the United States Treasury. ' Time of Performance The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently prosecuted until completion. A time limit of one hundred eighty ' -14- • y ( 180 ) calendar days from the date of execution of the contract has been set for completion of the work. The bidder 's attention is directed to the specifications as to 'provisions for extension of time of completion and/or assessment of liquidated damages . Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. Workmen and Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages . Wages shall not be less than' prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids" . Attention is also directed to section 1777. 5 regarding the employment of registered apprentices . BuildingPermits It shall be the Contractor' s responsibility .to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. -15- ' SPECIAL PROVISIONS ' 1. Work to be Done The work to be done for the construction of the Multi-Modal Terminal consists of clearing and grubbing, grading, drainage facilities, irrigation system, asphalt parking lot and bus bays , P.C.C. walkways, islands and patio, landscaping, hardscape, trash enclosures, patio cover, parking lot striping, curb and gutter, cross gutter and all other appurtanent work as shown on the plans or included in the specifications . ' 2. Standard Specifications The contractor shall perform his work in accordance with the ' Standard Specifications for Public Works Construction, 1979 E ition, hereinafter referred to as the Standard Specifications. The contractor shall maintain a copy of this book on the job ' site at all times. Unless otherwise specifice, errata and supplements to the standard specifications for Public Works construction shall be part of these specifications. The ' provisions of the Standard Specifications shall be modified as indicated below: CHANGE 1: "Section 2-4 - Contract Bonds" The "Payment Bond" (Material and Labor Bond) shall be in the amount of 100 percent of contract price. The "Faith- ful Performance Bond" shall be held as assurance of guaranteed performance for a period of one year after acceptance of the improvements by the City Council . ' CHANGE 2: "Liability Insurance" The amounts and provisions of insurance are modified to ' be: Bodily Injury $ 500,000 each person Bodily Injury 1,000, 000 each accident Bodily Injury 1, 000 , 000 aggregate products ' Property Damage $ 500,000 each accident Property Damage $ 500 , 000 aggregate operations Property Damage $ 500,000 aggregate protection Property Damage $ 500 ,000 aggregate products ' Property Damage $ 500,000 aggregate contractual -23- The contractor shall likewise obtain public liability and ' property damage insurance to cover vehicles used or maintained by him, whether on or off the premises , with liability limits of not less than $500,000 , for any one ' person, and $500 , 000 for any one accident, and property damage of $500 , 000 . The insurance amounts set forth herein are the minimum amounts required by the City. Other agencies with which the contractor may be involved in the accomplishment ' of the work may require greater amounts . The City will not recognize any claim for additional ' compensation because of the requirement for greater amounts of insurance, as an element to be considered by the contractor in determining his bid. The contractor will not receive any direct compensation for insurance or overhead costs. Accordingly, all such costs shall be pro-rated to the appropriate bid items. ' CHANGE 3: "Section 8 - Facilities for Agency Personnel" Delete this section. ' 3. Terms Defined Whenever in the said Standard Specifications the following terms are ' used, it is hereby provided that the following City department or persons shall be intended: ' AGENCY shall mean City of San Juan Capistrano wherever appropriate. ' BOARD shall mean the City Council of the City of San Juan Capistrano. ENGINEER shall mean City Engineer or other person (s) ' designated by same. 4. Change Title. of Subsection 2-3. 2 to Read: ' 2-3. 2 Contractors Responsibility for Construction ' S. In Lieu of Requirements Listed in Subsection 4-1. 3. 1 and 4-1. 3. 2, The Following Paragraphs Shall Prevail: 4-1. 3 - Inspection Requirements ' Materials to be used in the work will be subject to inspection and tests by the Engineer or his designated representative. ' The Contractor shall furnish without charge such samples as may be required. The Contractor shall furnish the Engineer a -24- 4-1. 3 (Cont 'd. ) list of his sources of materials and the locations at which such materials will be available for inspection. The list shall be furnished to the Engineer in sufficient time to permit inspecting and testing of materials to be furnished from such listed sources in advance of their use. The Engineer may inspect, sample or test materials at the source of supply or other locations , but such inspection, sampling or testing will not be undertaken until the Engineer is assured by the Contractor of the cooperation and assistance of both the Contractor and the supplier of the material. The Contractor shall assure that the Engineer or his authorized representative has free access at all times to the material to be inspected, sampled or tested. It is understood that such inspections and tests , if made at any point other than the point of incorporation in the work, in no way shall be considered as a guarantee of acceptance of such material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the Agency shall not relieve the Contractor or his suppliers of responsibility for quality control. Manufacturers ' warranties, guarantees , instruction sheets and parts lists, which are furnished with certain articles or materials incorporated in the work, shall be delivered to the Engineer before acceptance of the contracts. Reports and records of inspections made and tests performed when available at the site of the work, may be examined by the Contractor. 4-1. 3. 1 - Plant Inpection The Engineer may inspect the production of material , or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or his authorized representative shall have free entry at all times to such parts of the plant as concersn the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection The Agency assumes no obligation to inspect materials at the source of supply. -25- 4-1 . 3. 2 - Certificate of Compliance A Certificate of Compliance shall be furnished prior to the use of any materials for which these specifications or the special provisions require that such a certificate be furnished. In addition, when so authorized in these specifications or in the special provisions, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications . A Certificate of Compliance shall be furnished with each lot of material delivered to the work, and the lot so certified shall be clearly identified in the certificate. All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the plans and specifications, and any such material not conforming to such requirements will be subject to rejection whether in place or not. The Agency reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance. The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer. 6. Special Provisions of Items of Work, Materials and Methods of Construction BID ITEM 1 - Mobilization The contractor shall allow the amount shown in the schedule of work under Item No. 1 for mobilization of equipment, bonds , insurance permits, interest and other miscellaneous job costs . PAYMENT The lump sum price shall include all labor, tools and equipment necessary for mobilization. Compensation will be based on the lump sum price named in the Schedule of Work Items under Item No. 1. -26 BID ITEM 2 - Clearing & Grubbing This bid item shall include the removal of all vegetation and interfering material. All material removed from the job site shall become the property of the contractor and its disposition shall be the contractor' s responsibility. The workmanship and materials included in the work prescribed for clearing and grubbing shall conform to Section 300 of the Standard Specifications . PAYMENT The lump sum price bid shall include all labor, material, tools and equipment necessary to clear and grub and provide fill or excavation and no additional compensation shall be made. BID ITEM 3 - Grading Work for this bid item shall consist of all excavation, structure excavation and backfill and fill per Sections 300-2, 300-3, and 300-4 of the Standard Specifications. PAYMENT The lump sum payment for the item "Grading" shall include all cost related to the grading operations required for excavation, backfill and compaction as specified herein. Compensation will be based on the lump sum price named in the Schedule of Work Items under Item No. 3. BID ITEM 4 - Aggregate Base The work for this bid item shall include furnishing and installing aggregate base per the plan. Aggregate base shall conform to the Orange County Environmental Management Agency Special Provisions for untreated base materials (Standard Plan 804) and Sections 400-2 and 200-2 of the Standard Specifications. PAYMENT The unit price payment for the item "Aggregate Base" shall include all cost related to the furnishing and constructing the aggregate base as specified herein. Compensation will be based on the unit price named in the schedule of work items under Item No. 4 . -27- BID ITEM 5 - Asphalt Concrete Paving This bid item shall include the furnishing and placing of asphalt concrete as indicated on the plans and in the specifications . The workmanship and materials necessary to complete the work as required shall conform to Section 302-5 of the Standard Specifications and Orange County Standard Plan 805. PAYMENT The unit price bid per ton for asphalt concrete shall include all labor, material, tools and equipment necessary to construct the asphalt concrete paving and no additional compensation shall be made. BID ITEM 6 - Asphalt Concrete Curb Work for this bid item shall consist of constructing Asphalt Concrete Dike per OCEMA Standard Plan 201. Asphalt Concrete shall meet the requirements of OCEMA Standard Plan 805. Workmanship shall meet the requirements of Section 302-5 of the Standard Specifications. PAYMENT The unit price payment for the item "Asphalt Concrete Curb" shall include all cost related to the furnishing and construction of asphalt concrete paving as specified herein. Compensation will be based on the unit price named in the Schedule of Work items under Item No. 6 . BID ITEM 7 - P .C. C. Paving Work within this item includes all concrete paving, grading, compacting, reinforcement and expansion joint material as specified on plans. PAYMENT The unit price per square foot for the item "P.C.C. Paving" shall include all labor, materials , tools and equipment for the placement of the P.C.C. paving and no additional compensation will be made therefor. BID ITEM 8 - Brick on Sand (Tree Wells) Work within this item shall consist of placing sand and new brick as located and specified on plans. -28- PAYMENT The work for tae item "Brick on Sand" shall include all cost related to the furnishing of materials, labor and equipment to install brick on sand as drawn and specified. Compensation shall be based on the unit price named in the Sched. of Wk. ,Item 8 . BID ITEM 9 - Construct Masonry Walls Work within this bid item consists of concrete block, steel reinforcing, excavating, compaction, plaster finish and texture and color` coating, concrete and forming as shown on plans. PAYMENT The lump sum price for the item "Construct Masonry Walls" shall include all labor, materials, tools and equipment for the construction of masonry walls as shown on the plans and no additional compensation will be made therefor. BID ITEM 10 - Construct Shelter Work include within this bid item shall include all cost related to the furnishing of all materials and constructing the shelter as specified, drawn and detailed. PAYMENT The lump sum price for the item "Construct Shelter" shall include all cost related to the furnishing of materials, construction and installation as specified, drawn and detailed. BID ITEM 11 - Trash Enclosure - Multi-Modal Area Work within this item consists of grading, compacting, concrete paving, wire mesh reinforcement, expansion joint material , concrete for masonry wall footings, reinforcing and wood gate, steel posts, wood tension wires , hinges , latches and bolts as shown on plans. PAYMENT The lump sum price for the item "Trash Enclosure Multi-Modal Area" shall include all cost related to the furnishing of all materials and constructing the trash enclosure as specified, drawn and detailed. Compensation will be based on the lump sum price named in the Schedule of Work Items under Item No. 11. -29- BID ITEI4 12 - Trash Enclosure - Depot Area Work within this item consists of grading, compacting, concrete paving, wire mesh reinforcement, expansion joint material, concrete for masonry wall footings, reinforcing and wood gate, steel posts, wood tension wires, hinges, latches and bolts as shown on plans . PAYMENT The lump sum price for the item "Trash Enclosure - Depot Area" shall include all cost related to the furnishing of all materials and constructing the trash enclosure as specified drawn and detailed. Compensation will be based on the lump sum price named in the Schedule of Work Items under Item No. 12 . BID ITEM 13 - P.C.C. Curb and Gutter Type D Work within this item consists of grading, compaction and construction of concrete curb and gutter, Type D, as shown on plans per Orange County EMA Standard Plan 201. PAYMENT The lineal foot price for the item "P.C.C. curb and gutter Type D" shall include all cost related to the furnishing of materials and constructing concrete curb and gutter as specified. Compensation will be based on the unit price named in the Schedule of Work Items under Item No. 13. BID ITEM 14 - P.C.C. Driveway Approach The work for this item consists of installation of three (3) concrete entry approaches depressed curb driveways per Orange County E.M.A. Standard Plan 209 . This work shall conform to Orange County E.M.A. special provisions for Portland Cement Concrete (Standard Plan 803) . PAYMENT The unit price for the item "P.C.C. Driveway Approach" shall include all cost related to the furnishing materials and constructing concrete driveway approaches as specified. Compensation will be based on the unit price named in the Schedule of Work Items under Item 14 . BID ITEM 15 - Construct Landscape Drainage Facilities Work included in this item consists of construction and installation of the plastic drain line, concrete catch basins , area drains and tie into existing 18"' RCP , as detailed and located on plans. -30- PAYMENT The lump sum price for the item "Construct Landscape Drainage Facilities" shall include all cost related to the furnishing of materials and installing drains and drain lines for landscape areas as drawn and specified. Compensation will be based on the lump sum price named in the Schedule of Work Items under Item No. 15. BID ITEM 16 - Construct Catch Basin Work included in this item shall be in conformance with Section 306-1 of the Standard Specifications and consist of complete construction in place of a P.C.C. catch basin per Orange County E.M.A. Standard Plan, Type II "L"= 7 feet, to the lines and grades as shown on the plans or staked in the field. Excavation, forming, backfill and compaction around the catch basin structure shall be included in the Bid Item. PAYMENT The unit price for the item "Construct Catch Basin" shall include all cost related to the furnishing of materials and constructing catch basin as specified. Compensation will be based on the unit price named in the Schedule of Work Items under Item No. 16 . BID ITEM 17 - Construct Junction Structure Work included within this item consists of construction and installation of junction structure Type I , Standard Plan 310 . PAYMENT The unit price for the item "Junction Structure" shall include all cost related to the furnishing of materials and constructing junction structure as specified. Compensation will be based on the unit price named in the Schedule of Work Items under Item No. 17. BID ITEM 18 - 18" Reinforced Concrete Pipe Work included in this item shall be in conformance with Section 207-2 of the Standard Specifications and shall consist of the furnishing and placement of 18" reinforced concrete pipe to the lines and grades as shown on the plans or staked in the field. Excavation, bedding, backfill and compaction and any concrete backfill required within the excavated trench shall be included in the unit price bid. -31- PAYMENT The unit price for the item "18" Reinforced Concrete Pipe" shall include all cost related to the furnishing of materials and installing the reinforced concrete pipe as drawn and specified. Compensation will be based on the unit price named in the Schedule of Work Items under Item No. 18. BID ITEM 19 - Construct Cross Gutters Work included in this item shall be in conformance with Section 303-5 of the Standard Specifications and shall consist of the furnishing and placement of Portland Concrete Cement cross gutters (8" thick) to the lines, grades and details as shown on the plans or staked in the field. Forming , compaction and preparation of subgrade and finish surface are to be included in the bid item. Except as otherwise specified or indicated on the plans , concrete class "b" shall be used for concrete cross gutter construction. PAYMENT The unit price per square foot for the item "Construct Cross Gutters" shall include all labor materials , tools and equipment for the placement of the P.C.C. cross gutters and no additional compensation will be made therefor. BID ITEM 20 - Automatic Irrigation Work included within this item consists of furnishing of materials and installing an automatic irrigation system as drawn and specified. PAYMENT The lump sum payment for the bid item "Automatic Irrigation" shall include all cost related to the furnishing of materials and installing an automatic irrigation system as drawn and specified. Compensation will be based on the lump sum price named in Schedule of Work Items under Item 20 . BID ITEM 21 - Lighting (Base Bid) Work included within this item includes installation of meter, panel, time switch, electrical wiring and conduit, sleeves, and stubouts to each future fixture location as shown on the plans including stubout to future Eastern Walkway areas. PAYMENT The, lump sum payment for the bid item "Lighting" shall include all cost related to the furnishing of materials and installing a lighting system as drawn and specified. Compensation will be based on the lump sum price named in the Schedule of Work Items under Item No. 21 . -32- 0 BID ITEM 22 - Landscape Construction, 120 Day Maintenance and Plant Establishment Work included within this item shall consist of furnishing of materials, labor and equipment for the installation and maintenance of landscape construction as drawn and specified. PAYMENT The lump sum payment for this Bid Item "Landscape Construction, 120 Day Maintenance and Plant Establishment" shall include all cost related to the furnishing of materials , labor and equipment for installing and maintaining landscape construction as drawn and specified. Compensation will be based on the lump sum price named in the Schedule of Work Item No. 22 . BID ITEM 23 - Parking Lot Striping Work included within this item shall consist of painting the asphalt for automobile and bus parking as shown on plans. PAYMENT The lump sum payment for the item "Parking Lot Striping" shall include all cost related to the furnishing of materials , labor and equipment to install parking lot striping as drawn and specified. Compensation will be based on the lump sum price named in the Schedule of Work Items under Item No. 23. BID ITEM 24 - Construct Wrought Iron Gate Work within this item consists of wrought iron, hinges , bolts, two (2) primer coats and final color and installation as shown on plans . PAYMENT The lump sum payment for the item "Construct Wrought Iron Gate" shall include all cost related to the furnishing of materials and installing a wrought iron gate as drawn and detailed. Compensation will be based on the unit price named in the Schedule of Work Items under Item No. 24 . BID ITEM 25 - Construct Handrails Work within this item consists of wood cap and wrought iron handrails , two (2) primer coats and final color and installation as shown on plans. PAYMENT The lump sum payment for the item "Construct Handrails" shall include all cost related to the furnishing of materials and installing handrails as drawn and detailed. Compensation will be based on the lump sum price named in the Schedule of Work Items under Item No. 25. -33- BID ITEM 26 - Parking Wheel Stops The work for this item includes installation of concrete parking wheel, stops as located and specified on the plans. PAYMENT The lump sum payment for the item "Parking Wheel Stops" shall include all cost related to the furnishing of materials and installing concrete wheel stops as specified and drawn. Compensation will be based on the unit price named in the Schedule of Work Items under Item No. 26 . 7.- Special Provisions of Alternate Items of Work, Materials and Methods of Construction Alternate Bid Item lA - Increased Tree Size Work included within this item shall consist of furnishing of material, labor and equipment for the installation and maintenance of the larger specimen trees as drawn and specified. PAYMENT The lump sum payment for this bid item shall include all cost relating to the furnishing of materi,.ls, labor and equipment for installing and maintaining the larger specimen trees as drawn and specified. Compensation will be based on the lump sum price named in the Schedule of Work; Alternate Bid Item 1A. Alternate Bid Item 2A - Overall Site Lighting Work included within this item includes installation of light fixtures- complete per plans and specifications within Base Bid Area excluding fixture for Arguello Way and Camino Capistrano. PAYMENT The lump sum payment for the bid item "Overall Site Lighting" shall include all cost related to the furnishing of materials and installing a lighting system as drawn and specified. Compensation will be based on the lump sum price named in the Schedule of Work under Alternate Bid Item 2A. Alternate Bid Item 3A - Eastern Walkway-Arguello Way Work included within this item shall include the furnishing of all labor, materials , tools and equipment for the construction of the Arguello Way Walkway as drawn and specified. -34- PAYMENT The lump sum payment for the Alternate bid item "Eastern Walkway-Arguello Way" shall include all cost related to the furnishing of materials , labor and equipment to remove existing improvements and install the new improvements as drawn and specified. Compensation will be based on the lump sum price named in the Schedule of Work under Alternate Bid Item 3A. Alternate Bid Item 4A - Site Furniture Work included within this item shall include the furnishing of all labor, materials, tools and equipment for the installation of the site furniture as drawn and specified. PAYMENT The lump sum payment for the Alternate Bid Item "Site Furniture" shall include all cost related to the furnishing of labor, materials, tool and equipment to install the site furniture as drawn and specified. Compensation will be based on the lump sum price named in Schedule of Work under Alternate Bid Item 4A. Alternate Bid Item 5A - Walkway - Camino Capistrano Work included within this item shall include the furnishing of all labor, materials, tools and equipment for the construction of walkway improvement to Camino Capistrano as drawn and specified. PAYMENT The lump sum payment for the Alternate Bid Item "Walkway - Camino Capistrano" shall include all cost related to the furnishing of materials , labor and equipment to remove existing walkway improvements and install the new improvements as drawn and specified. Compensation will be based on the lump sum price named in the Schedule of Work under Alternate Bid Item 5A. -34A- MISCELLANEOUS SURFACE CONDITIONS A. Inspection: 1. Prior to all work the Con.tractor shall carefully inspect the installed work of all other trades .and verify that all such work is complete to the point where the installation following may properly commence. 2. The Contractor shall verify that all work may be installed in accordance with all pertinent codes and regulations , the original design, and the referenced standards . B. Discrepancies: 1. In the event of discrepancy, immediately notify the Engineer. 2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. CONSTRUCTION AREA Contractor shall protect property and facilities adjacent to the construction area, and all property and facilities within the construction area which are shown on the plans to be protected. After completion of project, construction area shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements or facilities are damaged, they shall be replaced with new materials equal to the original. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way, or parking area during performance of the contract work, and contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets , ways or parking areas. The Contractor shall be responsible for investigating conditions of available public and private roads and of clearances , restriction and other limitations affecting transportation and ingress and egress to the site of the work. -35- PROVISIONS FOR EMERGENCIES Unusual conditions may arise on the work which will require that immediate and unusual provision be made to protect the public from danager or loss or damage to life and property, due directly or indirectly to the prosecution of the work, and it is part of the service required of the Contractor to make such provisions and to furnish such protection. The Contractor shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the public from danger or damage, or loss of life or property which would result from the interruption or contamination of public water supply, irrigation or other public service, or from the failure of partly complete work. Whenever, in the opinion of the Engineer an emergency exists against which the Contractor has not taken sufficient precaution from the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by process of construction on account of such neglect; immediate action shall be considered necessary in order to protect public or private, personal or property interest, or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as , in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of said labor and materials together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor, and if he shall not pay said cost ,and expenses upon presentation of the bills therefor, duly certified by the Engineer, then said cost and expense will be paid by the Agency and shall thereafter be deducted from any amounts due, or which may become due the Contractor. Failure of he Agency, however, to take such precautionary measures , shall not relieve the Contractor of his full responsibility for public safety. UNFORESEEN DIFFICULTIES All loss or damage arising out of the nature of the work to be done under the contract, or from any unforeseen obstructions or difficulties which may be encountered during the progress of the work and in the prosecution of the same, or from the action of elements, or from encumbrances on the line of work, shall be sustained by the Contractor. -36- CULTURAL/SCIENTIFIC RESOURCES No known cultural/scientific resources (i .e. , archaeological , paleontological burial grounds or remains , ceremonial objects , petroglyphs, or other artifacts of a like nature) are known to exist within the project site. In the event the Contractor' s operations uncover or Contractor' s employees find any burial grounds , or remains , ceremonial objects , petroglyph, and archaeological or paleontological or other artifacts of like nature within the construction area, Contractor shall immediately notify the Engineer of Contractor' s findings and shall modify construction operations so as not to disturb the findings pending receipt of notification as to determination of the final disposition of such findings from the Engineer. Should the findings, or notification as to disposition of findings , result in delays or extra work, additional time and/ or extra work payment will be allowed as provided for in the Standard Specifications, Section 6-6 , Delays and Extensions of Time, and Section 3-3 , Extra Work. Any findings of a cultural/scientific resource nature shall remain the property of the City and not become the property of the person or persons making the discovery. UTILITIES TO PROTECT The Contractor' s attention is directed to the drawings and to Section 5 of the Standard Specifications . The Agency has attempted to show all underground facilities in their proper place. The Contractor shall by appropriate methods verify their location prior to excavation. All underground facilities are to be protected in place, except as noted. -37- GENERAL REQUIREMENTS APPLICABLE CODES The following codes shall apply to this work: Uniform Building Code, 1979 Edition Uniform Plumbing Code, 1979 Edition National Electric Code, 1978 Edition Standard Plans , Orange County Environmental Management Agency, 1980 Edition Standard Specifications for Public Works Construction, 1979 Edition All documents and publications (such as, but not limited to manuals, handbooks, Codes , Standards and specifications) which are cited in these Contract Documents for the purpose of establishing requirements applicable to equipment, materials or workmanship und!r this Contract, shall be deemed to be incorporated herein as fully as if printed and bound into the Specification of this Contract. Where provisions of codes and standards conflict with this Specification, the more stringent provision shall govern. 14EASURPMENT AND COMPENSATION Compensation for items of work not specifically identified in the Special Provisions shall include all labor, materials, tools , equipment, safety measures , and supervision required to complete the work to grades and dimensions shown on the plans or staked in the field. There shall be no compensation except for the bid items specified in the Proposal. The cost of all work shown in the plans and specifications but not specifically identified as a bid item or described within a bid item shall be included in related bid items , and no additional compensation shall become due the Contractor by nature of compliance with the plans and specifications except as provided in Section 3 , "Changes in Work" . All measurement and payment shall be as specified in Standard Specifications Section 9 , "Measurement and Payment" (pages 59-61) and as amended herein: -38- Pre-Construction Coordination Meeting Prior to the commencement of construction; arrangements will be made for a meeting between the Contractor, the Engineer and involved utilities. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor will be required to submit a complete schedule showing the number of working days required to complete the project. TEMPORARY FACILITIES AND 'CONTROLS The Contractor is referred to Section 7 of the Standard Specifications. The Contractor shall furnish and install temporary facilities , including labor, materials , services , utilities, and equipment required for proper performance of contract. The Contractor shall locate temporary facilities where directed by the Engineer, and maintain them in a safe and sanitary condition at all times until completion of the work; then remove from site. TEMPORARY ELECTRICAL FACILITIES During the contract period for construction and maintenance period, the Contractor shall pay the cost for all electricity and required permits for electricity shall be held in the name of the Contractor. At completion of the maintenance period, utility billings shall be transferred to the name of the owner. A. The Contractor shall provide such temporary electrical facilities as are necessary to supply temporary lighting for work and temporary power for portable power-driven tools . B. Before any temporary electrical facilities are installed, either by the utility company, or Contractor, exact locations of such facilities shall be approved by the Engineer. It is essential that facilities be located so as not to interfere with materials handling or storage, traffic areas , later project construction or site development, other contracts or subsequent work. C. The Contractor shall construct and maintain all temporary electrical facilities per all governing regulations and the requirements of the utility providing service. Material devices, and equipment used for these facilities shall be in good, safe condition, but need not be new. -39- D. All temporary electrical materials and equipment furnished and installed by Contractor for required facilities hereunder shall be removed after serving their purposes. If the Agency should desire to retain any portion of Contractor installed construction power system, it will be acquired as a Change in Work per Section 3 of the Standard Specifications. TEMPORARY WATER 1. The Contractor shall make arrangements for water required for construction purposes , provide transporting and storage facilities, and furnish and install temporary piping or hose to carry water to every part of the construction where needed. 2 . During the construction and maintenance period, the Contractor shall pay the cost for all water and required permits for water shall be held in the name of the Contractor during that time. At completion of the maintenance period, utility billings shall be transferred to the name of the owner and any proportionate monthly utility billings shall be prorated, based on meter readings . SOUND CONTROL REQUIREMENTS The Contractor shall comply with all County and local sound control and noise level rules , regulations and ordinances which apply to any work performed pursuant to the contract, and shall make every effort . to control any undue noise resulting from the construction operation. WATER CONTROL It is anticipated that storm, surface and possibly ground or other waters will be encountered at various times and locations during the work. Such waters may interfere with Contractor' s operations and may cause damage to adjacent or downstream private and/or public property by flooding, lateral erosion, sedimentation, or pollution if not properly controlled by the Contractor. The Contractor, by submitting a bid assumes all of said risk, and the Contractor adknowledges that its bid was prepared accordingly. The Contractor shall conduct its operations in such a manner that storm or other waters may proceed without diversion or obstruction along existing street and drainage courses . Drainage of water from existing or proposed catch basins shall be maintained at all times. Diversion of water for short reaches to protect construction in progress will be permitted if public or private properties are not damaged or. , in the opinion of the Engineer, are not subject to the probability of damage. Contractor shall obtain written permission from the applicable public agency or property owner before any diversion of water will be permitted by the Engineer. -40- OPERATING AND MAINTENANCE DATA Prior to the final inspection, the Contractor shall submit to the Engineer complete operating instructions, wiring and control diagrams, and maintenance manuals for all mechanical, electrical and specialty equipment installed in the facility. The data shall be complete at the time of submittal. Partial submittals will be rejected. Initially, one copy of the submittal shall be submitted in binders with suitable index tabs for each section. The submittal shall include all data deemed necessary by the Engineer to operate and/or maintain the equipment, including but not limited to: 1. Complete operating manuals . 2. Maintenance manuals shall include: a. Maintenance instructions b. Troubleshooting instructions C. Wiring diagrams showing component values d. Control diagrams e. Parts lists , including ordering number f. Component ship assembly drawings, including ordering number g. Field assembly drawings h. Recommended spare parts inventory for two years ' maintenance with itemized cost of each type of part i. List of special tools , with costs of each tool, required in normal maintenance GUARANTEES, WARRANTIES, AND BONDS Except as otherwise expressly provided in this contract, and in addition to all other warranties express , implied or customary in the trade, the Contractor warrants all work to be free from defects of design, material , and workmanship, for a period of one year from date of acceptance of work. The Contractor, promptly after receipt of notice, shall make good, at his expense , all defects developing during this period, including labor and material. The Contractor shall guarantee healthy growth of landscaping plants for a period of one year after filing of Notice of Completion. If, in the opinion of the Engineer, defective materials or workmanship require immediate correction or attention to prevent loss to the Agency, or to prevent interruption of operations of the Agency, the Agency will attempt to give the notice required by this article, but the Agency may, notwith- standing the provisions of this article, proceed to make such correction or provide such attention and the costs of such correction or take corrective action within 24 hours after telephone notice by the Agency on items affecting use of facility, safety , or preservation of property, or ten days following written notice on other deficiencies, the Agency will take .whatever corrective action it deems necessary and deduct all such costs from the retention. This condition may be waived or the amount of funds -41- retained may be reduced or eliminated at any time by the Engineer without affecting any other remedy of Agency provided in the contract documents. The amount of retention provided for herein shall not be deemed a limitation upon the responsibility of the Contractor to carry out the terms of the contract document. SURVEY SERVICE The City will provide normal surveying service in accordance with Section 2-9 . 3 of the Standard Specifications , for the construction of this project. This service requires 48 hours advance notice. -42- CALIFOR IA PRELIMINARY NOTICE 633044 IN ACCORDA ITH SECTION 3097 AND 3098, CALIFO CIVIL CODE THIS IS NOT A LIEN, THIS IS NOTA FLECTION ON THE INTEGRITY OF ANY RACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT. . . Boeti ing Treeland Farms (name of person or firm furnishing labor, services,equip- ment or material) CONSTRUCTION LENDER or Reputed Construction Lender, if any 23475 Long Valley Road (address of person or firm furnishing labor, services, Woodland Hillis. CA _ equipment or material) has furnished or will furnish labor,services,equipment,or I .. materials of the following general description: N=sery Plant Materials (general description of the labor, services, equipment or +C'c! .. - rsa7 material furnished or to be fu rn isM1etl) o for the building, structure or other work of improvement lip �i locatedat:t1ult0-:dodal Terminal m? FOLD HERE (address or description of lob site c[' Ver dugo & Camino Capostrano ✓R. �dSEM LLA u ci tion) w The name of the person or firm who contracted for the cc te's �.aor,4 purchase of such labor,services,equipment or material is: N iciS Betna. Landscape _ Q (name and address of person or firm) T O OWNER or PUBLIC AGENCY 3500 W. Moore Suite _G or Reputed Owner (on public work) Santa, Ana, CA 92704 W (on private work) An estimate of the total price of the labor, services, equipment or materials ffuurrnished or to be furnished is: N City of San Juan Capostrano $ E Dollar amount must be furnished to construction lender 32400 ftgeo Ad —optional as to owner or contractor) ion Juan Capostrano, CA 92675 Trust Funds to which Supplemental Fringe Benefits are RPayable. (Material men not required to furnish) L (name) (address) CConstruction loan no (if known) (name) (address) OFOLD HERE (name) (address) P (name) (address) Y NOTICE TO PROPERTY OWNER If hills are not paid in full for the labor,services,equip- ment, or materials furnished or to be furnished, a me- chanic's lien leading to the loss, through court fare- closure LCONTRACTOR or closure proceedings, of all or part of your property being so improved may be placed against the property even Reputed Contractor, if any though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. . FDat :7MaTn)iv1QR3ilmeiertitle)) C r+1t rrr-n 3I 3 r l 8 3 This form (No.594 Revised 1/80) ©Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213)382-7151 12. APPROVAL OF CHANGE ORDER NO. 3 , EXTENSION OF TIME MULTI-MODAL TERMINAL (D.W. CONTRACTING (88) As set forth in the report dated May 17 , 1983 , from the Senior Administrative Assistant, a 30-day time extension to June 21 , 1983 , was approved for completion of the Multi-Modal Terminal. I I ocor„ i iii jl I 1 IpIII i1 NAME AND ADDRESS OF AGENCY GEORGE F.J. HILL INS. AGENCY, INC. yill i!, AFFORDING COVERAGES P.O. BOX 837, 278 BEACH Sr. t ' DRDR N LAGUNA BEACH, CA 92662 I�y { E I'I TRANSAMERICA TEL: (714) 494-8008 4 VP;'h' DN 'AN �'{' INS. CO. OF THE WEST i ER NAME AND ADDRESS OF INSURED f 2 f { S 'AN DAVID FORREST WHITEGON, DBA: De =AN I"{ D. W. CONTRACTING CO. , INC. TER 1504 Caribbean Way I D5 =AN La una Beach CA 926 I iT ER This is to certify that policies of insurance listed below have been issued t< tho ins.l«d w Ic sbaei u : I orceatthistime. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate ray be ;u c r ay pert .P ,1 I 1 surance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. Limits of Llabili in Thousands LETTGLITTERY TY PE OF I NSURANC E POLICY NUI HER I .nI N DATE EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY E E ®COMPREHENSIVE FORM l•' 12 PREMISES—OPERATIONS PROPERTY DAMAGE E f ❑EXPLOSION AND COLLAPSE HAZARD u A UNDERGROUND HAZARD 1804 38 93 12-29-83 ® PRODUCTS/COMPLETED ® OPERATIONS HAZARD Dertlf,"2- or \:rfICF : yr in, r.:Oi-" 'lot a ffj%WJ fcaRYAND CONTRACTUAL INSURANCE aCC, �Y PS not ` ^, I 1 t r CO'g f`. @R yfDAMpGE t1,000, E1/000, ® BROAD FORM PROPERTY ' 6 BINED DAMAGE - y tF` '-Clic es a :V re ® INDEPENDENT CONTRACTORS ,� �. t�I. Com; 'f:r' ® PERSONAL INJURY _ ?;.f i I: - vl li. `r r PE ._'/ RSONAL INJURY $ 1,000, �.> D.sy E Ti 1 Gy t .:es AUTOMOBILE LIABILITY _i heroin is ';jez' t( T 1T e, - --- ."-ezc uslc S ar DIP9 JURv •I ,_:"o I/(such policies. (EACH PERSON) $ ❑ COMPREHENSIVE FORM BODILY INJURY E A El owrveD 1804 38 93 12-29-83 (EACH ACCIDENT) ❑ HIRED PROPERTY DAMAGE E BODILY INJURY AND NONOWNEDPROPERTY DAMAGE $1,000, COMBINED EXCESS LIABILITY --- �—-----—- BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ E ❑ OTHERTHAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY B and TO BE DETEMAINED 12-29-83 EMPLOYERS'LIABILITY E OTHER (Eu:e ACCIDENT) Ir1111�111111 X11 11111/1111 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES AS RESPECTS ALL OPERATIONS OF NAMED INSURED 1I Cancellation: Should any of the above described poli(- es I e :a celled bef:a e the expiration date thereof, the issuing com- pany will endeavor to mail -ays wril:eJ r of ice to t-,z below named certificate holder, but failure to mail such notice shall impose no obligatic-I o i:ID lity of any kit Id upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER 12—30--882 CITY OF SAN JUAN CAPISTRANO DAEIss 32400 Paseo Adelan San Juan Capistrano, CA 92675 AUTHORIZED REP ENTATIVE ACORD 25(1 79) CALIFORNIA PRELIMINARY NOTICE YOUR ATTENTION IS DIRECTED TO SECTIONS 309 AND 3111, CALIFORNIA CIVIL CODE VVHICH RE US TO NOTIFY YOU THAT IF BILLS ARE NOT PAID IN FULL Fpj LABOR, SERVICES, EQUIPMENT OR MA LS FURNISHED,OR TO BE FURNISHED, THE IMPROV OPERTY (WHICH IS DESCRIBED HIS RFONI MAY BI: SUBJECT TO MECHANICS'LIENS' (THIS STATEMENT PPLICABLE-TO PRIVATE WORK ONLY.i ^t1^ THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. 7 C 9 U YOU ARE HEREBY NOTIFIED: IR F F I V F:D DATE Dec. 13 1982 THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT u0RFlyIfjTERIAL OF THE FOLLOWING DESCRIPTION: Harper's Backhoe ' — ervice nc. NYY Equipment Operated [NAME I (DESCRIPTION OF MATERIAL, 8141 Electric Ave. IADDRESSI INDIVIDUALStanton Ca. 90680 Multi Modal Terminal ORR FIRM lar» (SATE, rzIP, Verdugo/Los Rias 51 AN, TE' TIRE( 7 (ADDRESS OF BUILDING,STRUCTURE,WORK OF I MPROVEMENTI Office Manager 12-13-82 San Juan Capistrano Ca. 9267 IiOLE1 fDATP (CITY( (STATE( V➢P( THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF SUCH LABOR,SERVICE, EQUIPMENT OR MATERIAL NOTICE TO PROPERTY OWNER If bills are nm paid in full for the labor,services,equipment,or maser- IS Retna Landscape tale furnished or to be furnished, a mxhanii s lien leading to the lou, through coup foreclosure proceedings,of all or part of your property being so improved may be placed against the property even though you have paid 3500 W Moore Suite G Santa Ana Ca 92/r�rF 04 your contractor in full. You may wish to protect yourself against this con- )2704 on- sequence by 111 requiring your contractor W furnish a signed release by the Person or firm giving you this notice before making payment to your con- tractw or 121 any other method or device which is appropriate under the circumstance. City of San Juan Capistrano TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE TO: OWNER. 32400 Paseo Adelanto NAME REPUTED OWNER, OR PUBLIC AGENCY San Juan Capistrano Ca. 92675 ADDRESS NAME D W Whitegon Company ADDRESS TO: [CONTRACTOR GINAL X04 Caribbean Way NAME OR PUTED TRACTOR Laguna Beach Ca. 92651 ADDRESS (MATERIAL MEN NOT REQUIRED TO FURNISH THE ABOVE NONE NOTICE EO: TO CONSTRUCTION LENDER ONLY DER ESTIMATED TOTAL PRICE OF THE LABOR, SERVICES, DENR EQUIPMENT OR MATERIALS DESCRIBED HEREON. TEDUCTIONDER Y�Ys1(,iw0]i6tl�+ CALIFO`" PRELIMINARY NOTICE YOUR 6 DIRECIED TO 5 - " :'047 AND 31 : .ORNIA CIVIL CODE .. II RL( US TO N,,I.I Y YOU THAT If P11 NOT PAID IN FUI IR, SERVICES, EQU 1 MAT FURNI' BL FURNISHED '. :II'RJVt PERT1 bVi)ICH IS DESCRIBED '1i MAY BE SUB11L IANICS' LIENS STI I 'nENT'o FF,ICABII - :I WORK ONLY /y� THIS IS NOT A LIEN,THIS IS NOT A REFLECTION ON THE INTEGRITY OF C ONTRACTOR OR SUBCONTRACTOR. J 290 0 - YOU ARE H..I:SYNOTIFIED: RECCIPJEC DATE Dec- 13 1, THAT TML C.l cRSIGNED HAS FURNISH:-' OR WILL FURNISH LABOF SFS, EQUIPMENT L �,TLRIAL OF THE FOLLO`A' NG DESCRIPTION: f` L ll �: Harper's Bac:hoe Servicei :.• ^squipment Operated NAML �' "'� 'r '-,� DESCRIPTION OF MATERIAL 'j 6141 Electric Ave. -- L . _ ,ADDRESS - INDIVIDUAL OR Stanton Ca. X06£30 Multi Modal Terminal FIRM IaTrI ISiAIL IZIVI Verdugo/Los Rias ISIONATOREI IADDRESSOF BUILDING,STRUCTURE.WORK OF IMPROVEMENTI Office Manager 12-13-82 San Juan Capistrano. Ca. 9267 rtITLEI IDATE1 (CITY) ISTATEI )ZIP, THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF SUCH LABOR,SERVICE, EQUIPMENT OR MATERIAL NOTICE TO PROPERTY OWNER I/bills are not paid in full for the labor,services,equipment,or meter- Is Retn<3 Landscape lots famished or to be furnished, a machanici lien leading to IM loss, - Through court foreclosure proceedings,of all or pan of your property being Suite r� se improved may be placed against the property even though you have paid an- 3500 ' i"oore Suite G Santa Ana. Ca. 92 7 C4 syourequence connce by(1 re quit. You may wish to protect h a sig against e b the sequence by 17)requiring your contractor to furnish o signed release by the th- person or firm giving you this rwlke before making payment to your con. tractor or 12) any other method or device which k appropriate under the circumstances. City of San Juan Capistrano TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE TO: °"NER 32400 Paseo Adelanto NAME REPUTED OWNER, oR PUBLIC A.ENCV San Juan Ce^istrano Ca. 92675 ADDRESS NAME D W White on Company ADDRESS TO: [CONTRACTOR RIGINAL X04 Caribbean Way NAME OREPUTED NTRACTOR Laguna Beach Ca. 92651 ADDRESS IMATERIAL MEN NOT REQUIRED TO FURNISH THE ABOVE) CLITNIIERIt E NOTICE TO CONSTRUCTION LENDER ONLY CONSTRUCTIONESTIMATED TOTAL PRICE OF THE LABOR, SERVICES, EQUIPMENT OF MATERIALS DESCRIBED HEREON. m R'iLtf.tiCGs ACKNOWLEDGMENT OF RECEIPT OF PRELIMINARY 20-DAY N�OrTIC�E�•r���r.ya¢��T,�nr],gcn�e • .e '��II e s - a -.+. � ,e - v c s /.1 n'i! -711CTTIah J_19��,+'I!'�� s r- THIS ACKNOWLEDGES RECLIPT ON D ecemhcr 14e 1982 OF A COPY OF THIS PRELIMINARY 20-DAY NOTICE AT City Hall, 3240.0 Paseo Adelanto,_ San Juan Capistrano, California, 92_67.5 , December 17 1982 it Clerk LDATt ' S11'NATURE _ ?oFfFksoDA �Ir(il'VL✓i kL6fIPI WITH p1KNOWLEDGMENT FI I-ISCRIPTION OF JOLA T Multi—Modal_ '!'r T'minal 'V:,X UN BEHALFof ANOTHik•LVSUN _1290 L A 41449POLY PAK ISO SETS) + +�' OWNER COPY 10cor":11 .�� � �'•I � ill ' � III� ( ��, z •. . NAME AND ADDRESS OF AGENCY C IIP I AFFORDING COVERAGES GEORGE F.J. HILL INS. AGENCY, INC. - -- - P.O. BOX 837, 278 BEACH ST. Jr ,AN LAGUNA BEACH, CA 92652 T EP TRS ERICA TEL: )714) 494-8008 - — — Jr 'AN I!, T `R I" FREMONT INDEMNITY NAME AND ADDRESS OF INSURED T I T `_R � DAVID FORREST WHITEGON, DBA: - — - D. W. CONTRACTING CO. , INC. ",' 'RN 1504 Caribbean Way Laguna Beach, CA 92651 r 'R" This is to certify tha-policies of insurance listed below have been issuedt( 1 w ins d F1 c it Lea 1 oc a at this tir e. Notwithstanding any requirement,term or condition of any contract or other document with rasps,t to which this:certificate r 3V be : :u o r a) =en I 1 1 surance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such polices. _ _ ___ _ _ _ _ _ _ _ _ __ Limits of Liability in Thousands CZN OMPANY TN IF OF INSURANCE F'OLICYNO ER L I N DATE EACH AGpREGATE O:CURRENCE GENERAL LIABILITY BODILY INJURY $ $ I�COMPREHENSIVE FORM PREMISES—OPERATIONS PROPERTY DAMAGE $ $ 71 EXPL I)SION AND COLLAPSE HAZARD �I!❑ UNDI RGROUND HAZARD 131 PRODUCTS/COMPLETED OPERATIONS HAZARD ! BODILY INJURY AND CONI FACT UAL INSURANCE '\� PROPERTY DAMAGE $ 1 ,000, BROAD FORM PROPERTY COMBINED DAMAGE A E INDEPENDENT CONTRACTORS 1804 38 93 12-29-82 PERSDNAL INJURY PERSONAL INJURI $ 1 ,000, AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) ❑ COMPREHENSIVE FORM BODILY INJURY $ A ❑ OWNED 1804 38 93 12-29-82 (EACH ACCIDENT ❑ HIRED PROPERTY DAMAGE $ BODILY INJURY AND NONOWNEDPROPERTY DAMAGE $1 ,000, COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE b $ ❑ OTHF R THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY B and WN 81 076153 12-29-82 EMPLOYERS'LIABILITY $ OTHER ,cn 1l nccmren Till a:rW : Iv or v rftication of inswance IS not an insuran 1INN 1 ■1111.0!' q,J1 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES IISTect herein. Notwithstanding any regUir mar', at r, (r condition of any contract or other document wit AS RESPECTS ALL OPERATIONS OF NAMED INSURED resf set to ich this certificate or verificatlen of insurance me bill ssLad may pertain, the insurance afforded by the "kit dastrlbed I e (in is subject to all the terms, exclusions and co -dltica5-C"" t.{duties Cancellation: Should any of the above described f olici� . I e :anc Jle I b( f I a the expiration date thereof, the issuing com- pany will endeavor to mail _ n jays e it ell roll ce to i a below named certificate holder, but failure to mail such notice shall impose no ob „atia- of Ii I Dilit ,of aJ1 I I d upon the company. ';/7 4�L NAM AND ADDRESS OF CERTIFICATE HOLDER: CITY OF SAN JUAN CAPISTRANO EI$SUED S mb 3 1982 32400 Paseo Adel anto vl�I ('r ; / - San Juan Capistrano, CA 92675 LC AUTHORIZED CEPRESENTATIVE ACCRUE 25(1 79) >i- �IooAL BID SUMMATION PROJECT F- DATE N . Conte DESCRIPTION QUANT UNIT UNIT PRICE TOTAL UNIT PRICT TOTAL UNIT PRICE TOTAL lkBIL /214T/o/) Cl��t�/rU4 6�Uf38/n�� L5 — IS I cl3 -- l D OOCJ — 20 app �vAO/.J�j LS — 3 GLS' —T D 000 Iz -35o� 4.c, Y"q✓iNh ins Too 20- 20oo- 30` �p 1S0' Vis° 356-77� Cl cU2� foo �f 2' 6CD " 2800" 350 1,460 11 — f?CC Z. 1 q60 3 2_ 20 gx- ��rc� o.v s 0 385 3- 115S' to `` Z3 10 "� I Z� 4 to 20' o �'vrr�sT SyE�r�2 LS — 7 000' — 14 sco- - /R5N ooGr — 26p0- 75a� 2 72 ,4 6i)--, 0 L)A5 69e5007-) L,5 1500 '` — I I DO' *3 ,000J f C j)(�b 6UtTC2 jy'PE D /D%) L)c-- ID"' 10 1 ctDO` 1&0 11,1440- 1 7' �cc �i�d� �PPios�c� 3 Sac- q0o IZoo' 36co- 10010 000 5 L09,00 C-- PPXW4EaE GS1 2700 ' EA (dco- l i00, 1400' :7160- ZI oo — J,Nc��O� STQdcTU�E / EA I Or I g'OC)` 17 o0- 176D' 74,:�o` 2450- /8 '' /2(f Z6 Lie 5,5 -" 914 _ 1&40- 1100" loo ` Gdrrens rZDO 6f" 7- 2-6 700- uiyc-rl PROJECT j DATE D W . Co ►2 . (21 w DESCRIPTION QUANT UNIT UNIT PRICE TOTAL UNIT PRICI TOTAL UNIT PRIC TOTAL Ls =- Io 0oc�— -- ,o�-- �I coo— /I � 2 0007 — IS 000' �7Z LAS Ape Lon�sT� G.5 Iq 000- — 1( 000-" O f?qr A� Los &1ZI PW6 Gs — Zo6 ' Zoo " 4Z55 �. Wfa�6�r �ra� s�r� / EA 300' 3co' 4254Zs� G,00• eco': ' f! !-�2' 1 x4t)r22�v14,;� L5 SOD' >�O l��f��c 5TOP5 ZI A id Zl Z20, 367 1X1E1q5r ree szc-- Ls IZ sZ5- 7Z0 ' �r 403r,,o ' /q G5 — q8 �6" _ 12ooC7� — 9350 ' II T I Cor+ .CflPsrra A -ruin/ LS 641 q6 ` — I z oop — ?700 h I r ! .i U4r- 1loo,4BID SUMMATION 3 PROJECT 8 -3 /- Z DATE P�F��55 ►�W nnJ h NP6 Sc q- �l I ux c DESCRIPTION QUANT UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL �-Z47-10A) 1-s. — I C'()00' — & 000 1 = � Z CSA//A)6 ' C�'ruf38ina4 LS _ 8000 — 75d 0— — ZI 7X- lank 3c�- E�i E6A /3GL!. ��1 lD , DODO' 1Z � I66-96 10�° I3 50` A �,ava�h &05 750 3Z-- 3 Zn f6o . 31.,32.E 3I 4.g5 _ 30' 30 150" G Ac- c0945 400 ZF 4o0' Z-14 00 31-71 f avi ce-7 0f 2= 14 400' S 3 zoao- �_ 33 zoo- / /'!C/C �bJN S9/JD 3�5 �� Q /mss 3. __.14Z--70 — 75 ! 1J' 7 15000 1V 700 r 6Z9 — — 14 1060' l i/ /RSN Eii��asdrE�ilr�r��a LS --^ 5 500 — 2-740 - 7 �- 'Z ' /a E•crlosorE C ��T LS — (0 Doo�l — 3C06— — 5, 160— Lr- !0` 1.631 ID f 16 W 1117Z' II � SCC !7/idE ,9PDio s�� 3 Fa 3� O50 363.33 V 50 r 350- - 50 27 60 23co� Z300 ' i� J�,i�cTio� ST�dcT�rE / EA I60b' 00� 3'500 SC1`�— 21 talo' ZI 00� �I 7 5g0 - �5 �y 1700 - 70- I II 3000 ` 2�-° COO' zA- Oca� t1OL-1-1 1-10/2,q I-' BID SUMMATION PROJECT PU DATE DESCRIPTION QUANT UNIT UNIT PRIG TOTAL !UNIT PRIC TOTAL UNIT PRIC TOTAL Z ;226 - � i��h �S lAu> ,4P� �o/ilsT Z.5 — 19 c00" — oo ' 21 Soo' 3 f 4o-/� ZDr /-5 •ZDo' — S O 0 �l /0fw6 /row 6'',�le / EA 11 5z- 500 5ar S 60 ' �- 60077 . I� I,fp �!)ffEt'L sTD�S yJ A 'L� Zc�2.,. I I . Z Sb- �Z' Zl7Z' II �UTq� �Jf�SE [�/D LIZ 517 ZZQJ 60 L5 — �ZSoo- -- . (6) 7 FSO' — I Z 5`85"' II �r -3i6, Soo 3 I Ai�D �ItO �ALKu/r9v LS "" I 000-� IG ) 1.53 zo 000 h JL7 94- LS I b b�18 QCQ— f1 �I AU1-r- 1IooA1- BID SUMMATION PROJECT DATE lVPQ51-21AL_ T(2r PPFr(4IS DESCRIPTION QUANT UNIT UNIT PRICE TOTAL UNIT PRICI TOTAL UNIT PRICE TOTAL / Amle- 124r/oA) s. - 26013— �30 c Z CLEAOA)6 Y gre)13,81A4? L5 511 -7 7 S- ppp 3 �YfIO/rf)�j 45 14, Z86' f5A•C• Favl dd ices foo Z9 3G 29 ll ;Z -- 3Z I �0- G A Cl C /{40 If 2z40 5- coo -71 1?CC PgaI'tx� ��o0 6f 2g Sq .3 fz' 87° sS �BD- 69�C_4 acv _'5;Wo 385 f8�-- 4e:50,0r� ma-.5 /5 -- 14ZZs- ZZ Oao- O �G'/vsT SNELTErL GS - ( Z 0 0' 15 000 000- i2 Nr�osvrE CD��r� f s 3SZ I i foo' 3 For 6orrele- ;,PED 1690 GF gZ2 X933" 7Zo— it �C'C !�/idE �PPioAc� 3 F-� 44�- �- /`� LAic�D9P< TaioA Gs Qom- 2 86d , 1706 1760 . i7 J�,�cTio� STedcT�rE / EA ZSZo Z5?,U- I Soo" ISD- I ZZ G,� f Z6" 32716 1640- i /� /jcZ�s GdTTens 1206 6� °— 3G�6' 3- l,Do BID SUMMATION RROJECT 01Z DATE �h��7S f 1fFC 'rC?2 At IS Q }�� D/�ESCRIPTy/I/OJN��/yam y QUANT UNIT UNIT PRIG TOTAL UNIT PRIC TOTAL UNIT PRIC TOTAL / !v/v/�/17��C //�-i�-1577/ ��/V I� lvOr I� o 216,47-M)h (7 7qs Ib 0100- zI Z-5 -- 1750' . 24 000 ' 131 A, "g/x� Zor Z-5 65— I. Wfcr>6�1r �io� 6�rr� / EA Zro – ZSD, 5co' Scab' II 71 71�4/J D2�iZ45 _ ;5-".AE 267 3�5 Z6q bid �� so- 7/-ze- :Stec-- L5 000 3 1 446,D =LLL CtJAucwA ' LS I D SC�� l 9D PANW NB 'SPECIFICATIONS Fd W. Tentative Contract Award nate: ct- is �s�i - alb, IM AM EP AOOPZESS PHORE enc , C�CFYrnm 17 t� S � ki. .cttn cD. o . o L] 4) J 'Yn�r N e s s % lot r✓ . 5S P r? 9 5 - '1 16 2 ` C xcCLvG+1N - PLRND SPECIFICATIONS FOW Tentative Contract Award Date. NAME AD.0;;ZSS-RHQifEl----- p"z;� '1 1 j `Y /Co�7z C�/ �� 8s 7',;?///20b(4z. CU 9 3 -7 7 i ea 20. H-6,o,s + UcAok e� ado , h*ibc)d s ' _. Ie-C( a831 q L�CTe,e - GoK onio gL el ler (x� c- X05 Vim srC)gv Aad7e�s SC � a r �