1980-0806_MALLOY, INC, JOHN T._Contractrl
RECORDED IN OFFICIAL RECORDS
' 2 0 4 1 OF ORANGE COUNTY, CALIFORNIA r
9:05 A.M. JAN 5 1981
EXEMPT LEE A.BRANC
G+4 N, County Recorder
RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO
AND RETURN TO: GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano
Office of the City Clerk
32400 Pasem Adelanto Mary Ann„ anover, City Clerk
San Juan C*istrano, CA 92675 City of San Juan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the
City Counbil of the City of San Juan Capistrano, California, to John
T. Malloy:�:and John T. Malloy, Inc., a Joint Venture, 606 North Larchmont,
Los Angeles, California 90004 who was the company thereon for doing
the following work, to wit:
VALLE ROAD SEWER, PHASE I
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 10th day of December 19 80, by
Resolution No. 80-1T--=-
That upon said contract the Ohio Casualty Insurance Company was
surety for the bonds given by the said company as required by law.
Dated at San Juan Capistrano, California, this 11th day of
December 19 80. /
Mary n anover, City Clerk of
the Citt of 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 11th day of December 1980
(SEAL)
Mary Ann,�a oveCity Clerk of
San Juan`xCapistrano
5. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT,
VALLE ROAD SEWER, PHASE I (MALLOY, INC.)
(38) The following Resolution was adopted:
(80)
RESOLUTION NO. 80-12-10-3 - COMPLETICP; OF
VALLE ROAD I --A RESCL (,'CION OF
THE CITY COUNCIL OF TETE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR
THE CONSTRUCTION OF THE VALLE ROAD SEWER,
PHASE I
IrL�/O /%O
AGENDA ITEM December 10, 1980
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy. Director of Public Works
SUBJECT: Resolution, Notice of Completion and Final Report -
Valle Road Sewer, Phase I (Malloy, Inc.)
SITUATION
Construction of the Valle Road Sewer, Phase I, has been completed
to the satisfaction of the City Engineer, and is ready for
acceptance by the City Council.
FINANCIAL CONSIDERATIONS
The payment status is as follows:
Total construction cost $ 86,048.29
Less 10% retention 8604.83
Total due to date 77,,443.46
Previous payment 75,142.89
Balance due $ 2,300.57
Thereis $230,000 budgeted in the 1980-81 budget for the Valle Road
Sewer phases. Pacific Telephone Company is sharing the cost of the
bore and other minor items and will reimburse the City.
ALTERNATE ACTIONS
1. Accept the project as complete.
2. Do not accept the project.
3. Request further information from staff.
RECOMMENDATION
By resolution, determine that the work has been completed and declare
the work to be accepted. Direct that within ten days from the date
of acceptance a Notice of Completion be filed with the Orange County
Recorder. The total amount of work performed under this contract
is $86,048.29. Direct staff to release the retention 35 days after
the recordation of Notice of Completion.
Respectfully submitted,
W. .���
W. D. Murph 1FOh (; ElCOUNCIL�rli AGENDA .......
WDM:MG/rem y
Encl.
t
z11
• 0
RESOLUTION NO. 80-12-10-3
COMPLETION OF VALLE ROAD SEWER, PHASE I
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 VALLE ROAD SEWER,
PHASE I
WHEREAS,. on the 6th day of August, 1980, the City
of San Juan Capistrano entered into a contract with John T.
Malloy and John T. Malloy, Inc., a joint venture, for the
construction of the Valle Road Sewer, Phase I; 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 $86,048.29.
SECTION 3. That the work is hereby accepted and
approved.
SECTION 4. It is further ordered that a "Notice of
Completion b" be recorded, 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 10th day of
December , 1980 , by the following vote,, —to wit:
ATTEST:
AYES: Councilmen Friess, Schwartze, Bland
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
CITY CLERK
IV
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 80-12-10-3, adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 10th day of
n .N�e _, ASO .
(SEAL)
MARY ANN H OVER, CITY CLERK i
-1-
4. AWARD OF CONTRACT - VALLE ROAD SEWER, PHASE I
(MALLOY
(38) Written Communications:
x,,(80) Report dated August 6, 1980, from the Director of Public
Works, forwarding the results of the bid opening held
July 23, 1980, for construction of Phase I of the Valle
Road Sewer. The report advises that $145,000 have been
budgeted in the 1979-80 budget Sewer Enterprise Fund; that
Pacific Telephone has agreed to split the cost of the steel
casing and pay the entire cost of the six 4-inch telephone
conduits.
Award of Contract:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to award the contract for
construction of the Valle Road Sewer, Phase I, to John T.
Malloy, Inc., of Los Angeles, in the amount of $83,530.19,
and to reject all other bids. The Mayor and City Clerk
were authorized to execute the contract on behalf of the
City; the necessary funds in the amount of $49,530.19, were
authorized from the Sewer Enterprise Fund. The cost to the
Pacific Telephone Company will be $30,000 for the steel
casing and $4,000 for the 4 -inch conduits.
0
AGENDA ITEM August 6, 1980
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Award of Contract - Valle Road Sewer, Phase I
SITUATION
The City Council authorized bids to be received for the Valle Road
Sewer, Phase I May 21, 1980. On July 23, 1980 the following bids
were opened:
B-1 Enterprises $49,957.52
John T. Malloy, Inc. $83,530.19
Savala Construction $106,613.88
The bid from B-1 Enterprises was low due to a misunderstanding which
resulted in the steel casing not being bid. With the steel casing
the bid would be at least $102,000.00. Therefore, the lowest com-
plete bid is that of John T. Malloy for $83,530.19. The engineer's
estimate was $98,000.00.
FINANCIAL CONSIDERATIONS
There is $145,000.00 budgeted in the 1979-80 budget in the Sewer
Enterprise Fund. Pacific Telephone has agreed to split the cost of
the steel casing ($60,000.00 in John T. Malloy's bid) and pay the
entire cost of the 6-4" conduits ($4,000.00). The City's portion of
the expense would then be $49,530.19.
ALTERNATE ACTIONS
1. Accept the bid of John T. Malloy in the amount of $83,530.19.
2. Reject all bids.
3. Refer the matter back to staff for more information.
RECOMMENDATION
By motion, accept the bid of $83,530.19 from John T. Malloy for the
construction of the Valle Road Sewer, Phase I and authorize the Mayor
and City Clerk to execute the contract on behalf of the City; reject
all other bids and appropriate the necessary funds from the Sewer
Enterprise Fund.
ILRJesppectfully submitted,
W.• D. , Mu p
WDM:MG/pjs
FOR CITY COUNCIL AGENDA
H4
a
C
® The Ohio Casualty Insurance Company
156 North Third Street, Hamihon, Ohio 45025
Bond No. 2-142-737
PREMIUM:$1,002.00
PERFORMANCE BOND
CALIFORNIA -PUBLIC CONTRACT
KNOW ALL MEN BY THESE PRESENTS: That JOHN T. MALLOY AND JOHN T. MALLOY, INC.
A JOINT VENTURE
as Principal, ana THE OHIO CASUALTY INSURANCE COMPANY, us Ohio corpoTetion euthonted
to execute bonds in the State of California, as Surety, are held and firmly bound unto THE CITY OF SAN
JUAN CAPISTRANO
as Obliges, in the sum of EIGHTY-THREE THOUSAND FIVE HUNDRED THIRTY AND 19/100**********
sloe*icieirir**irir***felt*irir5t**stir**st*intieicirie*,tstiriesF,tirieieirieintiricst*ir*ie* Dollars IS 83,530-19**********)
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally
by these presents.
THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a contract,
dated AUGUST 6 , 19 80 , with the Obligee
to do and perform the following work to -wit: CONSTRUCTION OF VALLE ROAD SEWER -PHASE 1
NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed
under said contract, then this obligation shall be void; otherwise to remain in full force and effect.
Signed and sealed this
C.111 S 1590 .
11TH
day of AUGUST
JOHN T. MALLOY AND JOHN T. MALLOY, INC.
A JOINT VENTURE
9A4 7-.
T AL.. .
Principal
THE OHIO CASUALTY INSURANCE COTA
By
T. L. 0'LO HLIN 1Rornapin-
AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY
STATE OF ......... Cal.i fgM!A,...
COUNTY OF .....los•1lragel®s
On this.......!. th.day of.....
SS.
...................
.........August................................................ 19RO... before me
personally appeared ...................................... T.r... 5at... 0..LGt1911.1.Q.............................. Attorney -to -fact.
of The Ohio Casualty Insurance Company, with whom 1 am personally acquainted, who being by me
duly sworn, did depose and say, that he resides in...... 0AIX e,lBr,..�A...........................; that he is the
Attorney-in-fact of The Ohio Casualty Insurance Company, the corporation named in and which execut-
ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to
the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation, and that he Ajsnsd„app .m-- uted the said instrument as Attorney-in-fact of said cor-
porationlry'iife ordei�. A AN
PATRICIA H R
I NOTARY PUBLIC t
My Com CALIFORNIASTATE OF .... ...��!l7RINCrPAt"OFfIOEIM........q• [�
Form 5 170 , LOS ANGELES COUNTY 7 Notary Public,
YY Commission Expires April 19, 1982 1
Q� OThe Ohio Casualty Insurance Company
176 North Third Simi, Hamilton, Ohio 45025
Bond No -2-142-737
LABOR AND MATERIAL BOND
CALIFORNIA—PUBLIC CONTRACT
KNOW ALL MEN BY THESE PRESENTS, that JOHN T. MALLOY AND JOHN T. MALLOY, INC. A
JOINT VENTURE
as Principal, and THE OHIO CASUALTY INSURANCE COMPANY, an Ohio corporation authorized to execute
bonds in the State of California, as Surety, are held and firmly bound unto THE CITY OF SAN JUAN CAPISTRANO
asObIigee, in the sum of EIGHTY—THREE THOUSAND FIVE HUNDRED THIRTY AND 19/100 *****************
Dollars (183,530.19***it>`:****)
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally
by these presents.
THE CONDITION of the above obligation is such that, Whereas the Principal on the 6TH day
of AUGUST 1980 , entered into a contract with the Obligee for
CONSTRUCTION OF VALLE ROAD SEWER — PHASE 1
NOW, THEREFORE, if the above -bounden Principal or his subcontractors fail to pay any of the persons
named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment
Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be
deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and
his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code of the State of California, with
respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in
this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims
under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
Signed and sealed this 11TH
Calif. 5 3591 bBy
day of AUGUST
19 80
JOHN T. MALLOY AND JOHN T. MALLOY, INC.
A JOINT VENTURE
9A o . Ay� - 0
904 T. .� .
Principal
THE OHIO CASUALTY INSURANCE COMPA
T. L. O'LOUGRLTNAttorne
y -in -Fact 1
AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY
STATE OF .......Cal.l.fornia.
COUNTY OF ...Los.A!90PA-
On this ... l.l.th..... day of
.I:U91JS.t..............................................I 190Q... before me
Ppersonally .. .
Y a PPeared.........................................T .I.....0.1AWWAID ............................ Attorney-in-fact.
of The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me
duly sworn, did depose and say, that he resides in....413.lendele.;... PA .............................: that he is the
Attorney-in-fact of The Ohio Casualty Insurance Company, the corporation named in and which execut-
ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to
the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation, and that he signed and executed the said instrument as Attorney-in-fact of said cor-
poration by JFe'oide..............................................
PATRICIA NARAN y
�' NOTARv PUBLIC
My Commi34 ,,,,,,,,STATE OF GAL{F0.^,NIA
.... .................... .................. N.............
PN NC PAL OFFICE IN ic.
Form 5170 ' t��p LOS ANGELES COUNTV
Notary Public.
My Commission Expires April 19,19a2
D O PE LM0.3 — vJ e�DNEs-hay.: u J. a3 mo
4:00 P.M.
ADDER
AMOUNT
SG�V�1 L -.A �hS�
BOG � X3.88
'j- M P, L L 0
8 5 3 0, 1 9
_� f'Ceizo�
�49) 957,S2-
PROOF OF PUBLATION
(2015.6 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
City of San Clemente
I am a citizen of the United States and a resident
of the County 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
clerk of the printer of the San Clemente Sun -Post
a newspaper of general circulation printed and
published ......................................................................
A IL`Y
.................................... in the City of San Clemente
County of Orange, and which newspaper has been
adjudged a newspaper of general circulation by
the Superior Court of the County of Orange, State
of California under the date of March 11, 1°60,
Case Number A9140;
that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the following dates, to -wit :................................
July 3 & 10
all in the year 19...80
I certify (or declare) under penalty of perjury
that the foregoing is true and correct.
Dated at San Clemente, California, this
ottaa,y of ........J lY....._.........._.......... j 19 ...
signature
SAN CLEMENTE PUBLISHING CORP.
1542 North El Camino Real - P.O. Box 367
San Clemente, Calif. 92672 - Phone 714-492-5121
This two & the County cent's Irma Stamp
RECEIVED
At 11 12 is N In
CITY OF
ASAN 7HisN
Proof ofll�ullielatwa'of
NOTICE INVITING BIDS
Ir . _ 1
NOTICE OF TRANSMITTAL • LEGAL PUBLICATIONS
TO: DAILY SUN -POST
Helen Nielsen, Leaal
FOR PUBLICATION ON:
DOCUMENT(S) TO BE PUBLISHED:
•
THURSDAY, JULY 3, 1980 and
THURSDAY, JULY 10, 1980
NOTICE INVITING BIDS -
CONSTRUCTION OF THE VALLE ROAD
SEWER, PHASE I
PROOF OF PUBLICATION: Please send to:
Office of the City Clerk
City Hall
32900 Paseo Adelanto
San Juan Capistrano, CA 92675
AUTHORIZED BY:
DATE: June 25, 1980
Date of bid opening July 23, 1980 @ 2:00 p.m.
Date(s) notice published 7/3/80 & 7/10/80
Date affidavit received
Date notice posted in
designated posting places (3)
Date notice(s) posted on property n/a
Date of mailing notices
to property owners n/a
NOTICE INVITING BIDS
Construction of the Valle Road Sewer, Phase I
Notice is hereby given that the City of San Juan
Capistrano will receive sealed proposals or bids for the
construction of the Valle Road Sewer, Phase I
until 2:00 P.M. on the 23rd day of July ,1980
A pre-bid conference is scheduled at 10:00 a.m, on
the 16th day of July 1980 , 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 There will be a $5.00 charge
for postage and handling on all plans and specifications mailed.
Dated: June 25, 1980
CITY C K
CITY Or SAN JUAN CAPISTRANO,
ORANGE COUNTY, CALIFORNIA
0 0
NOTICE INVITING BIDS
Public notice is hereby given that the City of San Juan
Capistrano will up to 2:00 p.m. on the 23rd day of July 1980,
receive sealed proposals or bids for the Valle Road Sewer -
Phase I , 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
16th day of July , 1980, 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 attendance 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 (1008) 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 sixty (60) 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-
0 0
This Notice is hereby given and published by order of the
City Council of the City of San Juan Capistrano, and is dated
this 25th day of June, 1980
11
CITY CLF.
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
-3-
0 0
AGENDA ITEM May 21, 1980
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Approval of Plans and Specifications and Authorization
to Call For Bids - Valle Road Sewer, Phase I
SITUATION
Plans and specifications have been prepared for the Valle Road Sewer,
from the Caltrans Highway Maintenance Station under the freeway to
Valle Road. This is the first phase of a sewerline that will serve
the McCracken Hill -Forster Canyon area.
FINANCIAL CONSIDERATIONS
The City has budgeted $145,000 in the Sewer Enterprise Fund. The
construction will cost approximately $98,000.
ALTERNATE ACTIONS
1. Approve the plans and specifications and authorize staff to
advertise for bids for the construction of the Valle Road Sewer.
2. Do not approve the plans and specifications.
3. Request further information from staff.
RECOMMENDATION
By motion, approve the plans and specifications and authorize staff
to advertise for bids for the construction of the Valle Road Sewer,
Phase I.
Respectfully submitted,
W
l.. � D.►�. urphy M.r-Q
W
WDM:MG/rem
FOR CITY COUNCIL AGENDA
1X
... sem••
® The Ohio Casualty Insurance Company
HAMILTON, OHIO
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, That we, JOHN T. MALLOY
(hereinafter called the Principal) as Principal, and THE OHIO CASUALTY INSURANCE COM-
PANY, a corporation organized under the laws of the State of Ohio, with its principal office in the
City of Hamilton, Ohio (hereinafter called the Surety) and licensed to do business in the State of
CALIFORNIA as Surety, are held and firmly bound unto C I TY OF SAN JUAN CAP I STRANO
(hereinafter called the Obligee) in the penal sum of TEN PERCENT (10%) OF THE AMOUNT BI D
N a >: ;:aa x:r :: at.>; ;:; a;;:::::: t >;;l ;: 1 :t::t; >t Dollars
($;r....10%--........)
lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and assigns.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has
submitted the accompanying bid, dated JULY 23 1980 , for
VALLE ROAD SEWER - PHASE I
NOW, THEREFORE, if the Obligee shall make any award according to the terms of said
bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said
bid and give bond for the faithful performance thereof within the time specified; or if no time is
specified within thirty days after the date of said award; or if the Principal shall, in the case of failure
so to do, indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of
such failure, not exceeding the penalty of this bond, then this obligation shall be null and void: other-
wise to remain in full force and virtue.
Signed, Sealed and Dated this.. .... �3RP.... ... day of ...... .JULY......... 1980.....
JOHN T. MALLOY
........................... ................. I ...... .....................
JJDD Pini I)
By .....°7�...
THE OHIO CASUALTY in
NCE CO
�
By:...........:... ...... ....5 Sc::......... .. ........
Attorn�. n=Fact
T. L. O'LOUGHLIN
3.137-a.,,.
AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY
STATE OF ....Cal ifornia
....................................
SS.
COUNTY OF Los..Ange.les..................................
On this.....�3. Lclay of ..................... Jul..X.................................................... 19.80.. before me
personally appeared.......................................T....1....0.'.Laugh.1.in.............................. Attorney-in-fact,
of The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me
duly sworn, did depose and say, that he resides in ..... Glendale,,„CA,,,,,,,,,,,,,,,,,,,,,,,,„ ; that he is the
Attorney-in-fact of The Ohio Casualty Insurance Company, the corporation named in and which execut-
ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to
the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporal'on and that he signed and executed the said instrument as Attorney-in-fact of said cor-
.t....................................................f
poratton by 1 e or er.
PATRICIA HARAN
my Commiss ........ sTA NOTARY
eTOF clotrLeNCn IA....... f ... !...... (�<.:... .0 G -0C <!................ `. �..
i PRINCIPAL OFrICE IN : Notary Public.
F..m S 170 LOS ANGELES COUNTY
}, My COMISIg1” Exton AKaI 19, 71
,nllltern•• r•,rrr.trt•ntuuprpl,�rrr,,
J
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY
STATE OF CALIFORNIA
PLANS, SPECIFICATIONS, SPECIAL
PROVISIONS AND CONTRACT DOCUMENTS
FOR THE
VALLE ROAD SEWER -
PHASE I
\1/
f -
CITY COUNCIL,
GARY L. HAUSDORFER, MAYOR
KENNETH E. FRIESS PHILLIP R. SCHWARTZE
JAMES F. THORPE LAWRENCE F. BUCHHEIM
W. D. MURPHY
DIRECTOR - PUBLIC WORKS
JUNE, 1980
TABLE OF CORNTTNTS
Title Page
CONTRACT DOCUMENTS
NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . 1
81D PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . 4
SCHEDULE OF WORK ITEMS . . . . . . . . . . . . . . . . . . . 6a
NON -COLLUSION AFFIDAVIT . . . . . . . . . . . . . . 7
DESIGNATION OF SUB -CONTRACTORS . . . . . . . . . . . . . . . 9
INSTRUCTION TO BIDDERS . . . . . . . . . . . . . . . . . . . 10
CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . 16
BID BOND (SAMPLE) . . . . . . . . . . . . . . . . . . . 19
FAITHFUL PERFORMANCE BOND (SAMPLE) . . . . . . . . . . . . . 20
LABOR AND MATERIAL BOND (SAMPLE) . . . . . . . . . . . . . . 21
SPECIAL PROVISIONS
INDEX. . . . . . . . . . . . . . . . . . . . . . . . . . 23
WORK TO BE DONE . . . . . . . . . . . . . . . . . . . . . 24
STANDARD SPECIFICATIONS . . . . . . . . . . . . . . . . . 24
TERMS DEFINED . . . . . . . . . . . . . . . . . . . . . . 25
INSURANCE AND OVERHEAD COSTS . . . . . . . . . . . . . . 25
PROTECTION OF EXISTING UTILITIES . . . . . . . . . . . . 25
SPECIAL PROVISIONS OF ITEMS OF WORK AND METHOD OF PAYMENT 25
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NOTICE I N V I !.' I N G BIDS
Public notice is hereby given that the City of San Juan
Capistrano will up to 2:00 p.m. on the 23rd day of -July 1980,
receive sealed proposals or bids for the Valle Road Sewer
Phase I , 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, 32900 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
16th day of July-, 1980, 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 attendance 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.
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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 sixty (60) 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 reciuired 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.
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This Notice is hereby given and published by order of the
City Council of the City of San Juan Capistrano, and is dated
this 25th day of June, 1980
CITY CLF,
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
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For the:
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B I D P R O P O S A L
To the honorable City Council
City of San Juan Capistrano
Gentlemen:
From: JA4,j MxLLOX
Contractor
The undersigned, as bidder, declares that he has carefully
examined the location of the proposed work as described, examined
the Plans and Specifications and General Conditions therefor,
read the Instructions to Bidders, and is familiar with all pro-
posal requirements, and hereby proposes and agrees, if the pro-
posal is accepted, to complete the said construction in accordance
with the Contract Documents, as defined in Section 1-2 of the
Standard Specifications, in the time stated herein, for the unit
price or lump sum given on the following pages of this proposal,
amounting to a total of:
A T� raAA�--� $ $ 3, 536.
Words Figures
Said amount to include and cover all taxes, the furnishing
of all materials, the performing of all the labor requisite or
proper and the providing of all 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
and shown in the Specifications or the drawings for the work.
If the contract is awarded, the undersigned agrees to enter
into a contract with the City and to commence work within fifteen
(15) calendar days from the date of execution thereof, and to
diligently prosecute the work to completion before the expiration
of 60 _ days.
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' All bids are to be computed on the basis of the given
' Estimated huantities of Work, as indicated in this proposal,
times the unit prices as submitted by t.`,.e 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 price 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.
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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 witrin thirty (30) days. Nc 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 lbwest 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 130.10 (insert
"$ cash", cashier's check, certified check or
bidder's bond, as the case may be) in an amount equal to at .least
ten percent (102) 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:
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' Licensed in accordance with an act providing for the registration
of contractors -- License No. 2t2lU'
' Signature of Bidder:
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' (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.)
DATED: JLA, 23 IQZO
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�pD(, 111. W�eCE1 WION i niL 1-A 61o0o4-
Business Address
' 21� 4(„42705 _
' Phone Number
Further, the undersigned bidder certifies that he has
' thoroughly checked the .,-igures set forth in this proposal, that
they are correct to the best of his knowledge and that they
' constitute his proposal for the work called out herein.
' _^ July -7 1g8G
Signature of Bidde Date
Phone Number
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SCHEDULE OF WORK ITEMS
�TEM
NO.
APPROX.
QUANTITY
WORK
(PRICE
ITEM WITH UNITS
WRITTEN IN WORDS)
UNIT PRICES
(IN FIGURES)
TOTAL
AMOUNT
1.
798.56 LF
Furnish
and install 10-'nch VCP
for the
unit price of
do
per lineal foot.
2D.70
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3 EACH
Furnish
and install 48 -inch man-
4ple Jpr
the unit price of
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UNQ U4r&A-dwLk
dollars
each.
1,000
ADO.'
3.
LS
Fu nish
and install jacked steel
ca i g
or the lump sum of
_
00
oll
Io0, d#l•
14.
400 LF
Furnish
and install 6 -4 -inch
Telephone
Company conduits for the
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unit price
of �2�
dollars
per lineal. foot.
I� �G
ec,
4,o,",_
TOTAL BID PRICE:
$ g3 S3
0, Iq
1 NOTE: If pipe other than VCP, conforming to the Standard Specifications and
Special Provisions, is to be used, please indicate type and
' manufacturer:
' TYPE MANUFACTURER
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' NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY
' BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
ss.
County of La A&_,!C 2 e s)
' 30btA) ]- 'MALLp`1 , being first duly
sworn deposes and says that he is (hi,IN&K of
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%16(41,) 1-• IM IA L p4_ 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
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is genuine and not collusive osham; 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 mariner, directly or
indirectly, sought by agreement, communication or conference with
any one to fix the bid price of said bidder or of any other bid-
der, or to fix the bid price of or cost element of such bid price,
or of that of any other bidder, or to secure any advantage
' against the public body awarding the contract of any one inter-
ested in the proposed contract; that all statements contained in
such bid are true; and further, that said bidder has not directly
' or indirectly, submitted his bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative
' thereto, or paid and will not pay any fee in connection there -
with, to any corporation, partnership, company, association,
'
organization, bid depository, or to any member or agent thereof,
or to any other individual except to any person or persons as
' have a partnership or other financial interest with said bidder
in this general business.
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ON �—� ✓C,�j )- ) ( � 7Y.0
before me* the un ersig d a Notary Public it
and for said State, personally appeared
to be the person whose name
subscribed to the within Instrument, and acknowledged to me
that he executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State,.,
=GC11'1',H,AL SEAL
MLEEICCALIFORNIA
CCU(v5Ypea; Gi.T 1S, 17Lt0
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DESIGNATION OF SUB -CONTRACTORS
' Submit with Proposal.
In compliance with the Provisions of Section 41.00-4107 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 -CONTRACTOR
ADDRESS
PHONE NO.
I- &f,-to61
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2.
4.
5.
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7.
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BIDDER'S NAME
AUTHORIZED SIGNATUI
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' 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 Invit>ng 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, clarification or interpretation of the
point or points in question. The person submitting such a re-
quest shall be responsible for its prompt delivery.
In the event that the Engineer receives such a request and
' it should be found that certain essential information is not
clearly and fully set forth, or if the Engineer discovers errors,
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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 of 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.
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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.
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B.
All prices and notations must be or typewritten.
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 £h'at, in case of his refusal or failure to
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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.
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' 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.
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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.
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' 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) d,°<ys 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 (100%) 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
' (100€) of the amount of the contract. Said bonds shall be
secured from a surety cctmpany 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 sixty _
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( 60 ) 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
Contractor of any
time of completion and/or assessment
of liquidated
damages.
'
Workmen and Wages
Attention is
Assignment of Contract
directed to al,l provisions of
'
the Labor Code of
the State of
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 al,l 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".
' Building Permits
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. _
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' CITY COPY
'. CONTRACT
' This contract is made and entered into by and between the
CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and
' JOHN T. MALLOY AND JOHN T. MALLOY, INC. JOINT VENTU2M reinafter
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. THE 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 Valle Road Sewer - Phase I
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 Ball, 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.
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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 agrc,ed that it would be im-
practicable and extremely difficult to fix the actual amount of
' damages, 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
' workmaiiship 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 `Specificati-ons.
' 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
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part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR
under him, shall pay not less than the foregoing specified pre-
vailing 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
Contraut 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 WIIEREOP,�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. /
11
11
OF
CAPIS
DATED: August 6, 1980 BY
/Glr L HA S ,
APPROVED AS TO FORM: %
t''CLEW-
L/
_ JOHN MALLOY AND JOHN T. MALLOY, INC
61 CITY ATTORNEY — JOINT VENTURE
CONTRACTOR
DATED:._ S�'' �;.i ;'il1�'-�> .� L
a .
BY
��
' L /1 wnBr
-18-
President
Section
1-1
1-2
1-3
1-4
1-5
1-6
1 - SPECIAL PROVISIONS
INDEX
Title Page(s)
WORK TO BE DONE . . . . . . . . . . . . 24
STANDARD SPECIFICATIONS . . . . . . . . 24-25
TERMS DEFINED . . . . . . . . . . . . 25
INSURANCE AND OVERHEAD COSTS . . . . . 25
PROTECTION OF EXISTING UTILITIES . . . 25
SPECIAL PROVISIONS OF ITEMS OF WORK AND
METHOD OF PAYMENT . . . . . . . . . . . 25-26
-23-
I
' SPECIAL PROVISIONS
Work to be Done
The work to be done consists of the construction of a 10 -inch
' sanitary sewer main from the existing sewer by the railroad
tracks to Valle Road and all appurtenant work as shown on the
plans and defined in the specifications.
' 2. Standard Specifications
The contractor shall perform his work in accordance with the
Standard Specifications for Public Works Construction, 1976
Edition, hereinafter referred to as the Standard Specifications.
The contractor shall maintain a copy of this book on the job
site at all times. The provisions of the Standard Specifica-
tions 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 the: contract price.
' The "Faithful Performance Bond" shall be held as
assurance of guaranteed performance for a period of
one year after acceptance of the improvements by the
City Council.
' Change 2: "Liability Insurance"
' The amounts and provisions of insurance are modified
to be:
Bodily Injury: $ 500,000 each person
Bodily Injury: $1,000,000 each accident
Bodily Injury: $1,000,000 aggregate products
' Property Damage: $ 500,000 each accident
Property Damage: $ 500,000 aggregate operations
Property Damage: $ 500,000 aggregate protection
' Property Damage: $ 500,000 aggregate products
Property Damage: $ 500,000 aggregate contractual
The contractor shall likewise obtain public liability
and property damage insurance to cover vehicles used
or maintained by him, whether on or off the premises,
with liability limits of not less than $500,000, for
' any one person, and $500,000 for any one accident, and
property damage of $500,000. The insurance amounts
set forth herein are the minimum amounts required by
t 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
' -24
11
' requirement for greater amounts of insurance, as an
element to be considered by the contractor in deter-
mining his bid.
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 depart-
ment 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. Insurance and Overhead Costs
' The contractor shall receive no direct compensation for in-
surance and overhead (move -in costs for example) costs.
Accordingly, these costs should be prorated to the appropriate
bid items.
5. Protection of Existinq Utilities
The Engineer has endeavored to show all existing utilities.
The contractor must, however, take all due precautionary measures
to protect all of the existing utilities.
' 6. Special Provisions of Items of Work and Method of Payment
t BID ITEM 1 - Furnish and Install 10 -inch Vitrified Clay Pipe
or Approved Equivalent
-25-
The workmanship and materials included in the work prescribed
for Hid Item 1 shall conform to Sections 200, 201, 203, 207,
208, 211, 300, 301, 303, and 306 of the Standard Specifications
and the Special Provisions for the Construction of Sanitary
Sewers of the City of San Juan Capistrano. The work for this
'
bid item shall include trench excavation, bedding installation
of 10 -inch Vitrified Clay Pipe or approved equivalent, backfill,
'
compaction and installation in 30 -inch bore.
Payment
'
The unit price bid per lineal foot of 10 -inch VCP or approved
equivalent shall include all labor, materials, tools and equip-
ment for the installation of said pipe and no additional com-
pensation will be made.
-25-
1
' BID ITEM 2 - Furnish and Install 48 -inch Manhole
' The unit price bid per lineal foot of the group of six 4 -inch
conduits shall include all labor, materials, tools and equip-
ment for the installation of the conduit and no additional
compensation will be made.
H
-26-
The workmanship and materials included in the work prescribed
for Bid Item 2 shall conform to Sections 201, 202, 300 and
'
303 of the Standard Specifications and the Special Provisions
for the Construction of Sanitary Sewers of the City of San
Juan Capistrano. The work for this bid item includes installa-
tion of the standard 48 -inch manholes, backfill and compaction.
Also included in this bid item is the removal and replacement
of curb, gutter, asphalt concrete and aggregate base at the
manhole at Station 8+06.56. Traffic delineators and barricades
will be required, to the satisfaction of the City Engineer, for
traffic control. The cost of these shall be included in this
'
bid item.
Payment
'
The unit price bid for each 48 -inch manhole shall include all
labor, materials, tools and equipment for the installation of
said manholes and appurtenant work and no additional compensa-
tion shall. be made.
BID ITEM 3 - Furnish and Install Jacked Steel Casing
'
The workmanship and materials included in the work prescribed
for Bid Item 3 shall conform to Section 302-6 of the Standard
Specifications. Gunite sand conforming to Section 306-3.7
shall be used for backfilling the casing.
P ,yment
The lump sum price bid for furnishing and installing the jacked
steel casing shall include all labor, materials, tools and
equipment for installing the casing and no additional compensa-
'
tion will be made.
'
BID ITEM 4 - Furnish and Install 6 4 -inch Telephone Company
Conduits
The workmanship and materials included in the work for Bid
'
Item 4 shall conform to Telephone Company Specifications. The
conduit shall be 4 -inch schedule 40 Polyvinylchloride pipe with
pull rope.
'
Payment
' The unit price bid per lineal foot of the group of six 4 -inch
conduits shall include all labor, materials, tools and equip-
ment for the installation of the conduit and no additional
compensation will be made.
H
-26-
SAN
D PASEO AOEIANT
s" 7
PISTRANO; CA UFO
Nt7N�E a9A1 n
�• 9
iNIA 92675
January 8, 1981
John T. Malloy, Inc.
606 N. Larchmont Boulevard, #306
Los Angeles, California 90004
Re: Notice of Completion -
Valle Road Sewer, Phase I
Gentlemen:
Enclosed is a copy of Resolution No. 80-12-10-3,
COMPLETION OF VALLE ROAD SEWER, PHASE I, which was adopted by the
City Council at their meeting of December 10, 1980. The Resolution
accepts the work completed for the construction of the Valle Road
Sewer, Phase I, in the amount of $86,048.29.
The Notice of Completion was recorded on January 5, 1981.
A payment of $8,604.83 will be released 35 days from the date of
recordation.
If you have any questions, please do not hesitate to
call.
Very truly yours,
MARY Al HOVER, CMC
City Clerk
MAH/jm
Enclosure
cc: Director of Public Works
NAME AND ADDRESS OF AGENCY
RGV INSURANCE AGENCY
COMPANIES AFFO A4ES
P.O. BOX 10190
GLENDALE, CA 91209
FERNY A AET A E Y� SURETY COMPANY
12131 240-4310 245-9464
COMPANY
LETTER
NAME AND ADDRESS OF INSURED
COMPANY C 'I AN
A
LETTER :w
JOHN T. MALLOY AND JOHN T. MALLOY, INC.isf
JOINT VENTURE
COTTERNY p
606 N. Larchmont Blvd., #306
Los Angeles, CA 90004
COMPANY
LETTER
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition
of any contract or other document with respect to which this certificate may be Issued or may pertain, the insurance afforded by the policies described herein is subject to all the
terms, exclusions and conditions of such policies.
COMPANY
POLICY
Limits O Llab{l{
in Thousam 5
EACH
OCCURRENCE
AGGREGATE
LETTER
TV PE OF INSURANCE
POLICY NUMBER
EXPIRATION DATE
GENERAL LIABILITY
BODILY INJURY
f
E
®
COMPREHENSIVE FORM
®
PREMISES—OPERATIONS
PROPERTY DAMAGE
$
$
EXPLOSION AND COLLAPSE
A
HAZARD
83 GL 104704
3-27-81
®
UNDERGROUND HAZARD
PRODUCTS/COMPLETED®
®
OPERATIONSHAZARD
CONTRACTUAL INSURANCE
BODILY INJURY AND
PROPERTY DAMAGE
s 500
s 500
®
BROAD FORM PROPERTY
COMBINED
®
DAMAGE
®
INDEPENDENT CONTRACTORS
PERSONAL INJURY
PERSONAL INJURY
$
AUTOMOBILE LIABILITY
BODILY INJURY
$
®
(EACH PERSON)
$
A
COMPREHENSIVE FORM
® OWNED
83 FJ 99094
3-27-81
BODILY INJURY
CCIDENROPERT
HIRED
Y DAMAGE
PROPERTY G
s
® NON -OWNED
BODILY INJURY AND
s 500
PROPERTY DAMAGE
COMBINED
EXCESS LIABILITY
A
® UMBRELLA FORM
V
83 XS 10077
6-12-81
BODILY INJURY PND
PROPERTY DAMAGE
s 1,000 $1,000
❑ OTHER THAN UMBRELLA
COMBINED
FORM
WORKERS' COMPENSATION
STATUTOrrY
A
and
83 CK 955339
4-1-81
EMPLOYERS' LIABILITY
$ 100 (Exe ACCIDENT)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
JOB: VALLE ROAD SEWER - PHASE
I,
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor -to mail —IG days written
notice to the below named certificate holder, "tiajlureSa
ma'N•�uckxwiieeska4F irwposerwobligatiori o�4iaUU.ityDi aay kind.upoo ihecom pang.
NAME AND ADDRESS OF CERTIFICATE HOLDER:
Office of the City Clerk -City Hall
DATE ISSUED: 8-15-80
City of San Juan Capistrano
32400 Paseo Adelanto
��C�{�
San Juan Capistrano, CA 92675
E�IAq��
RZfO REP ESENR iATiVE
I ) 0
- r
• 6115
((d. t.73)
this endo,stmtat Idiots a part of the policy to which attached, effective on the incephun dal. of the policy urdrss otherwise slated herein
(the lollowint information is required only when this tndorstrnenl is issued subsequent to prepualion of policy,)
Indontmenlelltclive 8_15_80 Policy Nn 83GL104704 (ndorsemrnlho
83XS10077
Narased Insured JOHN T. MALLOY AND JOHN T. MALLOY, INC. JOINT VENTURE
i;ounlrt nod by ___ _ _ _
(Aulhn(irtd heprc,,cnlahve)
this endorsement moddies such insurance as is allorded by the prove ions of the policy relating to the loliowinp,
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
ADDITIONAL INSURED
(0wners or lessees)
11 H agreed that:
I. the "Prisons Insvrtd" provision is upended to include as an insured the person or oreanuabon named below but only wdh respect to liability arising
out of operations peaformtd Iur such Insured by or on behalf of the mintd insured.
1. the applioblt limit of Iht Company's liability for the msutance alforded,under the Contractual Uabiirly Insurance Coverage Part lounine a part of this
policy shall bt reduced by art amount pad as damages under this endorsement on behall Of the person or organvahon named below
Mame sl rerun a Ortanitalien
(Additional Insured)
CITY OF SAN JUAN CAPISTRANO, ITS
OFFICERS, AGENTS AND EMPLOYEES WHILE
ACTING WITHIN THE SCOPE OF THEIR DUTIES
G 115 (1 d.113)
JOB
VALLE ROAD SEWER—PHASE I
1.
2.
SPECIAL PROVISIONS
Work to be Done
The work to be done consists of the construction of a 10 -inch
sanitary sewer main from the existing sewer by the railroad
tracks to Valle Road and all appurtenant work as shown on the
plans and defined in the specifications.
Standard Specifications
The contractor shall perform his work in accordance with the
Standard Specifications for Public Works Construction, 1976
Edit— =ioi�-hereinafter referred to as the Standard Specifications.
The contractor shall maintain a copy of this book on the job
site at all times. The provisions of the Standard Specifica-
tions shall be modified as indicated below:
7 Change 1: "Section 2-4 - Contract Bonds"
The "Payment Bond" (Material and Labor Bond) shall be
in the amount of 100 percent of the: contract price.
The "Faithful Performance Bond" shall be held as
assurance of guaranteed performance for a period of
one year after acceptance of the improvements by the
City Council.
Change 2: "Liability Insurance"
The amounts and provisions of insurance are modified
to be:
Bodily Injury: $ 500,000
Bodily Injury: $1,000,000
Bodily Injury: $1,000,000
Property
Damage:
$
500,000
Property
Damage:
$
500,000
Property
Damage:
$
500,000
Property
Damage:
$
500,000
Property
Damage:
$
500,000
each person
each accident
aggregate products
each accident
aggregate operations
aggregate protection
aggregate products
aggregate contractual
The contractor shall likewise obtain public liability
and property damage insurance to cover vehicles used
or maintained by him, whether on or off the premises,
with liability limits of not less than $500,000, for
any one person, and $500,000 for any one accident, and
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
-24-
IXIWV� r l�Oirltrll��r
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CALIFORNIA 92675
PHONE 493.117/
August 8, 1980
John T. Malloy, Inc.
606 North Larchmont Boulevard
Los Angeles, California 90004
Re: Award of Contract - Valle Road Sewer
Gentlemen:
At their meeting of August 6, 1980, the City Council
awarded the contract for construction of Phase I of the Valle
Road Sewer to your company at $83,530.19.
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 24 and 25 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,
(MRS) MAR ANY N HANOVER, CMC
City Clerk
MAH/cj
Enclosures
cc: Director of Public Works
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5.00 fce.
TATIVE CONTRACT AWARD
DATE:
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