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05-1101_TRENO, INC_Contract 0 0 1 RECORDED AT REQUEST OF AND RETURNED TO: Recorded in Official Records, Orange County City of San Juan Tom Daly, Clerk-Recorder City Clerk's Office Capistrano i��I��I��I��i��li��I��I�� N FEE 32400 Paseo Adelanto San Juan Capistrano, CA 92675 200600072343511:19am 10/26106 102 4 N12 1 RECORDING FEES EXEMPT DUE TO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA �T NOTICE OF COMPLETION NOTICE IS HERBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Terno, Inc., 15701 Heron Avenue, La Mirada, CA 90638 for construction of a traffic signal at Camino Del Avion and Via Positiva. That the said work completed on August 15, 2006, 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 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 17th day of October 2006, by adoption of Resolution No. 06-10-17-02. That upon said contract, Fidelity and Deposit Company of Maryland was the surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 17`h day of Octob r20 / , Ma ona an ity Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, 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 Clerk. Dated at San Juan Capistrano this 17th day of October 2006. L Marg6rktWM6nhan, ity Clerk City of an Juan 4TVano SD CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as"CITY"and TERNO, 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 Affidavit, the Designation of Sub-Contractors, the Contract that is prepared for execution by the CITY and the CONTRACTOR, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 2003 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance 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 necessary to perform and complete in good and workmanlike manner the construction of TRAFFIC SIGNAL MODIFICATION — RANCHO VIEJO ROAD AND HIGHLAND DRIVE in strict conformitywith the Plans, Specifications,and all other contract documents,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. 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 impractical and extremely difficult to fix the actual amount of damages, and loss sustained by CITY, should CONTRACTOR fail to complete the work in SG the specified time;therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, Two Hundred Fifty Dollars ($250) per working 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 contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the 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 performance of the contract,guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion 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 incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. 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, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB- CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SG SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/ not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. 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 extent as though set forth SD herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY,forfeit Twenty-five Dollar($25)for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar 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. IN WITNESS WHEREOF,this contract is executed bythe duly authorized agent(s)of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano DATED: BY: yatt , Mayor BY: Teruo, Inc.,Co tr cense No. and Classification �3 Boz 7z4 /y ATTEST: Isco for 1 AvE LA Hl qnA, CA 96b3sb C114�22g-91.3 f `PN Ma .are Monaha , City erk h()ZZs 14,35 FAX APPROVED AS TO FORM: Gm ja AW John Shaw, City Aft mey SC ISSUED IN THREE (3) CQIWTERPARTS • Bond 1108719782 Premium: $1,562.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That TERNO, Inc. as Principal, hereinafter called CONTRACTOR, and Fidelity and Deposit Company of Maryland as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of One hundred forty nine thousand nine hundred fifty five* Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. *and NO/100 ($149,955.00) WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): Rancho Viejo Road / Highland Drive Traffic Signal Installation (CIP No. 405) which contract is by reference made a part hereof; NOW THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • • 2. Said'Surety, for value received,-hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 11th day of October 18 2005 at Irvine California. TERNO, Inc. PRINCIPAL By: APPROVED AS TO FORM (NOTA TION AND SEAL) JO R. SHAW, CITY ATTORNEY Fidelity and Deposit Company of Maryland SURETY ate: g�. k &aCr3 Jeri Apo aca, At orney-in-Fact (NOTARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ANOWLEDGMENT • No.5907 State of California County of Orange On October 11 2005 before me, G.L. Reza,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Timithy J. Emo NAME(S)OF SIGNER(S) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon ]I _ behalf of which the person(s) acted, executed the instrument. G. L. REZA COMM. #1395003 2 NOTARY PUBLIC.CALIFORNIA 3 U ORANGE COUNTY c WIT NES my han an ficial seal. My COfim.€9p, W; 21, 2007!E SIGNATOR FNOTARY G.L. Reza OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSAKNOWLEDGMENT • No.5907 State of California County of Orange On October 11, 2005 before me, G.L.Reza,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC" personally appeared Jeri Apodaca NAME(S)OF SIGNER(S) ® personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon ] behalf of which the person(s) acted, executed the instrument. 1� G. L. REZA � O COMM. #1395003 m NOTARY PUBLIC-CALIFORNIA o DRAnge counrY N WITNE S my an nd official seal. II MY Comm,ExD, Jon.21,2007 IC r SIGN RE OF NOTARY G.L.Reza OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) B LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 913097181 ISSUED IN THREE (3) COUNTERPARTS Oond #08719782 -Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, Califomia, has awarded to TERNO, Inc, , License No. 862724 , hereinafter designated as"Principal°, a contract for Rancho Viejo Road /Highland Drive Traffic Signal Installation (CIP No. 405) • and WHEREAS, said Principal is required to fumish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, sha0 fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we TERNO, Inc. Principal, and Fidelity and Deposit Company of Maryland as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of One hundred forty nine thousand nine hundred fifty* DOLLARS lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or Labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in ari amount not exceeding the sum specified in this bond and also in case suit is brought upon the 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 and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. *five and NO/100 ** ($149,955.00) • As a part of the-obligation secured thereby, and in addition to the face amount specified therefor,-there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three(3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 11th day of October . 44 2005 The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its goveming body. TERNO, Inc. PRINCIPAL By Fidelityyt�"P"ositCompany of Maryland SURETY By ,-.L A&ei ca, A torney-in- act APPROVED AS TO FORM JOHN SHAW, CITY ATTORNEY CALIFORNIA ALL-PURPOSE91KNOWLEDGMENT • No.5907 State of California County of Orange On October 11 2005 before me, G.L. Reza,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Timithy J. Emo NAME(S)OF SIGNER(S) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon vbehalf of which the person(s) acted, executed the instrument. G. L. REZA ` g COMM. #1395003 < NOTARY PUBLIC-CALIFORNIA 9 3 ORANGE OCUNTY WIT E S m han a d official seal. My COMM.[Mo. JOH: 21, 2007 SIG T RE O OTARY G.L.Reza OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSEKNOWLEDGMENT • No.5907 State of California County of Orange On October 11, 2005 before me, G.L.Reza,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Jeri Apodaca NAME(S)OF SIGNER(S) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon _ _ G. L. REZA behalf of which the person(s) acted, executed the instrument.� COMM. #1395003 Y NOTARY PUBLIC CALIFORNIA 3 ORANGE COUNTYn WIT S my h and official seal. II My comm,Exp. len. 21, 2007 IC �[ IGNATURE OF NOTARY G.L.Reza OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) e LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and T.E. SMITH,Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s te,constitute and appoint Jeri APODACA,of Irvine,California, its true and lawful a e�, f d1 a ke,execute,seal and deliver,for,and on its behalf as surety,and as its act and dee - s ° and the execution of such bonds or undertakings in pursuance of these r m ' any,as fully and amply,to all intents and purposes,as if they had been ° ac w gularly elected officers of the Company at its office in Baltimore,Md.,in is e a oraey revokes that issued on behalf of Jeri APODACA,dated 7, ° The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- ° any,and is now in force. IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0L�A CCC... By: T. E. Smith Assistant Secretary Paul C.Rogers Vice President State of Maryland ss: City of Baltimore On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025J EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances,stipulatim policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do farther certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 11th day of October 2005 Assistant Secretory ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability insurance Company are making the following informational disclosures in compliance with The Terrorism Risk insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is S_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availahility of Coveraee for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance C2innanv's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year; for 2003, 7% of direct earned premium In the prior year; for 2004, 10%of direct earned premium in the prior year; and for 2005, 15%of direct earned premium in the prior year. The federal sharp of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk insurance Act defines"act of terrorism"as any act that is certified by the Secretary of the Treasury, In concurrence with the Secretary of State and the Attorney General of the United Staten 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based principally in the United States, on which United States income tax is paid and,whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission;and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to Influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers'compensation)or property and casualty insurance losses resulting fiom the act,in,the aggregate,do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 ISSUED IN THREE (3) COERPARTS • Bond 1108719782 Premium: $1,562.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That TERNO, Inc. as Principal, hereinafter called CONTRACTOR, and Fidelity and Deposit Company of Maryland as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of one hundred forty nine thousand nine hundred fifty five* Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. *and NO/loo ($149,955.00) WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): Rancho Viejo Road / Highland Drive Traffic Signal Installation (CIP No. 405) which contract is by reference made a part hereof, NOW THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. SaWSurety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 11th day of October 18200?at Irvine California. TERNO, Inc. PRINCIPAL sy APPROVED AS TO FORM (NOT TION AND SEAL) Z;�JOT R. SHAW, CITY ATTORNEY Fidelity and Deposit Company of Maryland SURETY By' I n. (�.1'� CA J Apodaca, A t -in-Fact (NOTARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE*NOWLEDGMENT • No.5907 State of California County of Orange On October 112005 before me, G.L. Reza,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Timidly J. Emo NAME(S)OF SIGNER(S) ® personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon `` behalf of which the person(s) acted, executed the instrument. G. L. REZA I[ COMM. #1395003 } NOTARY PUBLIC CALIFORNIA 9 ORANGE COUNTY ° WITNESS my h Ind official seal. �I My Comm.6Mp, Jen. 21, 2001 II r SIGNA E OF NOTARY G.L.Reza OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSEWNOWLEDGMENT • No.5807 State of California County of Orange On October 11, 2005 before me, G.L.Reza,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC" personally appeared Jeri Apodaca NAMES)OF SIGNER(S) ® personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their I` signature(s) on the instrument the person(s), or the entity upon REZA II behalf of which the person(s) acted, executed the instrument. COMM. #1395003 f �; m NOTARY PUBLIC-CALIFORNIA 3 i� ORANGE COUNTY N My Comm.Exp.Jan. 21,20071[ WITNES hand :nfficial seaL I[ S GNATU F NOTARY G.L.Reza OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4087/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Re t Ave.,P.O.Box 7184•Cano9a Park,CA 91309-7184 ISSUED IN THREE (3) COUNT ARTS • Fond 4108719782 Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to TERNO, Inc, , License No. 862724 , hereinafter designated as "Principal", a Contract for Rancho Viej o Road /Highland Drive Traffic signal Installation (CIP No. 405) • and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we TERNO, Inc. Principal, and Fidelity and Deposit Company of Maryland aS SUrety. are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of One hundred forty nine thousand nine hundred ifty* DOLLARS lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, finely by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that 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 the bond, a reasonable attorneys fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. *five and N01100 ** ($149,955.00) As a part of the obligation secured thereby, and in addition to the face amount specified therefor;-there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shalt for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the I Itb day of October W zoos The name and corporate seal of each corporate party being hereto affixed and these .presents duly signed by its undersigned representatives pursuant to authority of its governing body. TERNO, Inc. PRINCIPAL By Fideli /�/eposit Company of Maryland SUR By 4=� ')A liao a, torney- n-Fact APPROVED AS TO FORM JOHN SHAW, CITY ATTORNEY CALIFORNIA ALL-PURPOSEWNOWLEDGMENT • No.5907 State of California County of Orange On October 112005 before me, G.L. Reza,Notary Pubtic DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Timithy J. Erno NAME($)OF SIGNER(S) ® personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 11 G. L. REZA t signature(s) on the instrument the person(s), or the entity upon COMM. #1395003 behalf of which the person(s) acted, executed the instrument. NOTARY PUBLIC-CALIFORNIA $ ORANGE COUNTY My Comm_.€%p, Jen, 21, 2007 WITNE S my hand d official seal. SIGN RE OF NOTARY G.L. Reza OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2198 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSERKNOWLEDGMENT • No.5907 State of Califomia County of Orange On October 11, 2005 before me, G.L. Reza,Notary Public DATE NAME,TITLE OF OFFICER-E.G..'JANE DOE,NOTARY PUBLIC' personally appeared Jeri Apodaca NAME(S)OF SIGNER(S) ® personally known to me- OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l G. L. REZA If G - COMM. #1395003 "m NOTARY PUBLIC-CALIFORNIAN yyITNE S y ha d;an official seal. ORANGE COUNTY 1NI My Comm.Exp,len. 21, 2007 I[ r SIGN G.L. Reza —NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S4067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and T.E.SMITH,Assistant Secretary,in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company6aq set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d sQ nate,constitute and appoint Jeri APODACA,of Irvine,California, its true and lawful a e t ke,execute,seal and deliver,for,and on its behalf as surety,and as its act and dee s and tbe execution of such bonds or undertakings in pursuance of these r mWomey any,as fully and amply,to all intents and purposes,as if they had beenrg ac w1 gulazly elected officers of the Company at its office in Baltimore,Md.,in rs e revokes that issued on behalf of Jeri APODACA,dated 7, The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article Vl, Section 2,of the By- y,and is now in force. IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND �w orvor,� 4 m By: T.E. Smith Assistant Secretary Paul C.Rogers Vice President State of Maryland 1 City of Baltimore f ss. On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. t./� Sandra Lynn Mooney /// Notary Public My Commission Expires: January 1,2004 POA-F 012-5025) EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2.The Chairman of the Board, or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto" CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do bereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do farther certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 11th day of October 2005 Assistant Secretary ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002, No action is required on your part. Disclosure of Terrorism Premlum The premum charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of CoveraP&_EqLjgrrorIsm Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms, amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year; for 2003, 7% of direct earned premium In the prior year; for 2004, 10%of direct earned premium in the prior year; and for 2005, 15%of direct earned premium in the prior year. The federal share of an instuance company's losses above its deductible is 90%. In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrodsto The Terrorism Risk Insurance Act defines "act of terrorism"as any act that is certified by the Secretary of the Treasury, In concurrence with the Secretary of State and the Attorney General of the United Staten 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Coda)or a United States flag vessel (or a vessel based principally in the United States, on which.United States income tax is paid and,whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4, to have been committed by an Individual or individuals acting on behalf of any, tbreign petson or foreign interest as part of an effort to coerce the civilian population of the United States or to Influence the policy or affect the conduct of the United States Government by coercion. But,no act Shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation)or property and casualty insurance losses resulting fkom the act,in the aggregate,do not exceod$5,000,000. These disclosures are Informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 3 e • pSfS�T 4621 TWEIM A880CLATID READY NIl® r-'S "� NENPOR AVE, SUITE 130 I! o 02 1A $ 04.640 7100 6309 21340 50= RECEI 0004603143 JUN12 2006 7 3982 MAILED FROM ZIPCODE 92660 RETURN RECEIPT REQUESTED IUOb Jun I U P 2: Ob ` CITY OFA�SAN ,AJiR;t� ,CAPISTRANO, 32400 P JH$ Jn�v* O., SAN JUAN CAPISTRANO CA 92675 4 PRELIMINARY 20—DAY NOTICE (California Civil Code Section 3097, 3098, 3111 & 3252 et Seq.) THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR **** GENERAL CONTRACTOR **** **** LENDER / SURETY **** TERNO INC AON RISK SERVICES 15701 HERON #929367999 #929367999 LA MIRADA CA 90638 FRESNO CA 93704 Certified No.: 7100630(426905(36739132 Certified No. : 71006309264050673982 ** OWNER/REPUTED OWNER/ PUBL].0 AGENCY *" **** CUSTOMER **** OITY OF SAN JUAN CAPISTRANO TERNO INC 32400 PASEO ADELANTO OWNER-TIMITHY ERNO 15701 HERON AVE SAN JUAN CAPISTRANO CA 92675 LA MIRADA CA 90638-5206 Certified No.: 710063092640506"3982 Certified No. : 71006309264050673982 You are hereby notified that ASSOCIATED R? DY MI%i0 CONCRETE has furnished or will furnish labor, service, equipment or material of the following general description: for bu Lliing s=ructrre or other work of improvement known as: VAR. SAN JUAN CAPISTRANO located at: 5105/ CAMINO DEL AVION 6 VIA P03ITIVA / SN JOAN CAPISTRANO The name of the person or firm who contracted for the purchase of such labor, service=, or naterial is TEMP 19C Estimated Price: $50,000.00 NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor. .ervieses, equlsasot or materials furnisbod or to be furaished, a vaohanic•a lion lydinG to the loss, through -Dort foreolosore proaeediOgs, of all or part of your property being so igpxmv may be placed against the property even though ymu haw paid your esontrsotor in full. Sou may wish to protact yourself against this consoquon-o by 1) Rmquiring year aontrantor to furnish a signed xelease by the person or firm giving you this notaco before making payment t- your -ontxwtox, or (2) Any othar method or devioa that is appropriate order the -ir-omatanoas. OTS THAN RESIDENTIAL EC61ZONMRS OY DNELLIHG8 CONTAINING TERM THAM FIVE UNITS, PRIVATE PROSSCl' ONNINS MST NOTIFY THE ORIGINAL CdITRACIOA AND ANY LIM CLAIKMT WHO HAS PROVIDED TEE OWNER WITH A FMELINIMARY 20-DAY LIEM NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CML CODE THAT A NOTION OF COlSLETION OR NOTICE OF CE88ATION HAS MEN R6CO WITNIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL M RY REGISTERED N1IL, COITIFIED MAIL, OR FIRST CLASS I91IL, EVIDENCED HY A CERTIFICATE OF MAILING. FAILURE TO NOTLR WILL EETEIEH) THE OEADLIMS TO SECOND A LIEN. (949) 253-2800 ASSOCIATED READY MIXED CONCRETE, IN Dated: 2-2006 9621 TELLER AVE, SUITE 130 111111111111111111111111111111111111111 NEWPORT BEACH, C,7192660 VIA -" RTI IED MAIL: 11 Xj�(�J(/ / A �� 71006309269050673982 �]'� 415739 f.�11.V TM BNI FORM 105-Clor PRELIMINARY 20-DAY NOTICE NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, This form may be used on both public and private projects) services, equipment, or materials y p p p � � furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings,of J TO:CONSTRUCTION LENDER (Or Reputed Construction Lender) (if any) all or part of your property being so LL RECEIVED j �'j'A L^ \r/ D improved may be placed against the Name Ni V C property even though you may have paid a your contractor in full.You may wish to O Streetprotect yourself against this consequence O by(1)requiring your contractor to furnish Lu City, State,Zip ' a signed release by the person or firm m giving you this notice before making 1 TO:ti OWNER(Or Reputed Owner) PUBpiIR 89 J I i, .1.' other method or device that is payment to your contractor, or (2) any v (On Private Work) (On Public Work) appropriate under the circumstances. a Other than residential homeowners of O Name Ci. of San juau Capistrano dwellings containing fewer than five y units, private project owners must notify Q. Street 32400 uaeo Ade l.cin Ca the original contractor and any lien 0 claimant who has provided the owner 3 City, State,Zip 4,on Juml Cap,strdno, Ca, 926'5 with a preliminary 20-day lien notice in of accordance with section 3097 of the Civil w Or Reputed Original Contractor Code that a Notice of Completion or TO:ORIGINAL CONTRACTOR Y ( P 9 ) Notice of Cessation has been recorded Name ierc=��, R' :. .iob No. i10� within 10 days of its recordation. Notice cc shall be by registered mail, certified mall, F. or first-class mail, evidenced by a v Street certificate of mailing.Failure to notify will ¢ extend the deadlines to record a lien. 1' City, State,Zip ( iii 4d.-a, Ca. 90630 0 MAILING INSTRUCTIONS 0 General description of the labor, service, equipment, or materials furnished, or to be (1) If the person resides in California, z furnished and an estimate of the total price thereof: the notice may be served by first class a registered or certified mail, postage ¢ direr[iorriJ I bora 4 pidce various :t iza cuuduia prepaid,addressed to the person at his or O her residence, or place of business y address, or at the address shown by the °- building permit on file, or at the address 00 shown on a recorded Construction Trust Z Deed. w Lu (2)When service is made by first class X registered or certified mail, service is complete at the time of the deposit of $ ,fi^ti.(:,l mail. U Lu NAME AND ADDRESS OF CLAIMANT GIVING THIS NOTICE w7 If this notice is given by a ¢ subcontractor who is required under a U Name -W�_r Tnr_ An.-, <ii lnr,n:. Sr,ring collective bargaining agreement to pay m Street 771'. p . FoknoT, fringe benefits,the names and addresses a of the fringe benefits trusts follow: 2 City, State,Zip Orangu< Ci.,. 923bi; O cc �. Luh*crt�r`s 7c�1 t z t NAME OF PERSON OR FIRM THAT CONTRACTED TO PURCHASE THE LABOR, 3 SERVICE,EQUIPMENT,OR MATERIALS 43149 -,n,it,.- E1 Mci1 te- C O Name Tim nr.a ?eco,), I.ic. 0 Ne DESCRIPTION OF JOB SITE SUFFICIENT FOR IDENTIFICATION PROOF OF SERVICE AFFIDAVIT a The undersigned served copies of this &.,ic no Lt` iu iici, :} Ni eFt land Ur, Preliminary 20-Day Notice by first class w registered or certified mail, postage LU tt^ac. C-a< prepaid, on the persons and at the w addresses shown on: uehr � 10 15nY. Date) O STAPLE RETURN RECEIPTS HERE w 1 declare under penalty of perjury under f- the laws of the State of California that the 3 foregoing is true and correct. Dated: Signature:"' FORM 105-C-02003-A BNI BUILDING NEWS FORM PREPARED BY JAMES ACRET CALIFORNIA PRELIMINARY NOTICE IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIFORNIA CIVIL CODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION OF THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT. . . Econolite Control Products, Inc. CONSTRUCTION LENDER or 3360 East La Palma Avenue Reputed Construction Lender, if any Anaheim, California 92806 has furnished or will furnish labor, services, equipment, or materials of the following general description Traffic Control and/or Street Lighting Equipmentrn D .Cg.�r for the building, structure or 3[her wJ of Aovement located at: Cn L D:4 Z 0 -----FOLD HERE------ City of San Juan Capistra=< Rancho Viejo @ Highland Df'41rg �. yr O� � The name of the person or firm w0ontracted the purchase of such labor, services�equip�t or eria1 l is D Terno, Inc. o t 2100 Goodyear Drive - Benicia, California 94510 OWNER or PUBLIC AGENCY or Reputed Owner (on public work) (private work) An estimate of the total price of the labor,services equipment or materials furnished or to be furnished City of San Juan Capistrano $19, 442.00 32400 Paseo Adelanto La Mirada, California 90638 (Dollar amount must be furnished to construction lender optional as to owner or contractor) NOTICE TO PROPERTY OWNER -----FOLD HERE------ If bills are not paid in full for the labor,services,equip- ment, or materials furnished or to be furnished, a me- chmac's lien leading to the loss, through court fors- SO# 05S-3224 closure proceedings, of all or part of your property being so improved may be placed against the property even though you haw 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. ORIGINAL CONTRACTOR or Reputed Contractor, if any V Dated: Terno, Inc. L7 15701 Heron Avenue �, Credit Manager La Mirada, California 90638 signature v /" (Title) Telephone Number (714) 630-3700 1< �� PRELIMIfrY 20-DAY NOTICE C FORNIA USE PROOF OF SERV AFFIDAVIT OF CALIFORNIA 20-DA ELIMINARY NOTICE (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE CONSTRUCTION LENDER YOU ARE HEREBY NOTIFIED THAT... Reputed Construction Lender, or MCCAIN TRAFFIC SUPPLY NONE REPORTED 2365 OAK RIDGE WAY VISTA, CA 92081 (name and address of person or firm - sender) OWNER Or PUBLIC has furnished or will furnish labor, AGENCY services, equipment, or materials of the Or Reputed Owner (On public following general description: Work) (On private Work) TRAFFIC SIGNALS AND RELATED MATERIAL CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO for the building, structure or other work San Juan Capistrano, CA 92675 of improvement located at: CA Construction loan no. (if RANCHO VIEJO & HIGHLAND D �+ known) Sari Juan Capistrano, CA 9fb 75 c n ren M ORIGINAL CONTRACTOR The name of the person or4�m GPIo 0 (Or Reputed contractor) contracted for the purchase�ofch Mor,TERNO INC. services equipment or mauls: < 15701 HERON AVE SO#1036565 PO#5005 _� m La Mirada, CA 90638 TERNO INC. D 0 SUBCONTRACTOR Z C:) (Or Reputed Subcontractor) NOTICE TO PROPERTY OWNET If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the SUB-SUBCONTRACTOR property even though you have paid your contractor in (Or Reputed Sub-SubContractor) 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 that is appropriate under the circumstances. Other than SUB-SUB-SUBCONTRACTOR residential homeowners of dwellings containing fewer than five units, private project owners must notify (Or Reputed Sub-Sub-Subcontractor) the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of ' cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail, BOND COMPANY certified mail, or first-class mail, evidenced by a AON RISK SERVICES certificate of mailing. Failure to notify will extend 1901 MAIN STREET # 300 the deadlines to record a lien. The person o m IRVINE, CA 92614 giving this notice is required, pursue a collective bargaining agreement ay supplemental fringe benefits into an ss trust fund (described in Civil Code §311 said fund is identified as follows: (S e if inapplicable) . (Name) YESS) An estimate of the total price of the labor, services, equipment or1ed this date: December-,r' 2005 materials furnished or to be furnished Y' is: zA Signatu ) $30, 898,00 Our Reference: 1036565 PRIVATF�TORK PROOF OF SERVIC FFIDAVIT (Section 3097 . 1 (c) California Civi Code) BY MAIL I, Nancy Hannify, declare : That I served copies of this California Preliminary 20-Day Notice by First Class registered/certified mail, postage prepaid, on the lender, owner, original contractor and subcontractor with whom I contracted at their respective addresses as shown on the California Preliminary 20-Day Notice, on December 1, 2005 I declare under penalty of perjury that the foregoing is true and correct . Executed on December 1, 2005 at VISTA, CA. By: PUBLIC WORK PROOF OF SERVICE AFFIDAVIT (Section 3098 California Civil Code) BY MAIL I, Nancy Hannify, declare : That I served copies of this California Preliminary 20-Day Notice by First Class registered/certified mail, postage prepaid, addressed to the public agency, contractor and subcontractor with whom I contracted at the addresses as shown on the California Preliminary 20-Day Notice, on DecemberX 2005 v I declare under penalty of perjury that the foregoing is true and correct . '2— Exet ed on December X, 2005 at VISTA, CA. By: . • Page 1 of 2 Maria Guevara From: Alan Oswald Sent: Monday, March 13, 2006 5:22 PM To: Maria Guevara Cc: Nasser Abbaszadeh Subject: RE: Rancho Viejo Rd Traffic Signal Maria, in lieu of a contract change, we will provide a memo outlining the location change. Alan Department Mission Statement "To enhance the quality of life and preserve the City's heritage and charm through timely response,effective design, environmental sensitivity, quality construction and neighborhood improvements." -----Original Message----- From: Maria Guevara Sent: Monday, March 13, 2006 4:33 PM To: Alan Oswald Subject: RE: Rancho Viejo Rd Traffic Signal I'm assuming the contract will have some changes. Is it coming soon? O Maria Guevara, Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6309 (949) 493-1053-Fax -----Original Message----- From: Alan Oswald Sent: Monday, March 13, 2006 4:30 PM To: Maria Guevara Subject: RE: Rancho Viejo Rd Traffic Signal We are going forward with the contract. Alan Department Mission Statement "To enhance the quality of life and preserve the City's heritage and charm through timely response,effective design, environmental sensitivity, quality construction and neighborhood improvements." -----Original Message----- From: Maria Guevara Sent: Monday, March 13, 2006 3:31 PM To: Alan Oswald Subject: RE: Rancho Viejo Rd Traffic Signal Cool-Are we going forward the contract? I just need to change things to Camino del 3/14/2006 • • Page 2 of 2 AvionNia Positiva. Maria Guevara, Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6309 (949) 493-1053-Fax -----Original Message----- From: Alan Oswald Sent: Monday, March 13, 2006 3:29 PM To: Maria Guevara Subject: RE: Rancho Viejo Rd Traffic Signal No, the City Council already determined the new location at the last meeting— Camino Del Avion &Via Positiva. WAS Department Mission Statement "To enhance the quality of life and preserve the City's heritage and charm through timely response,effective design,environmental sensitivity, quality construction and neighborhood improvements." -----Original Message----- From: Maria Guevara Sent: Monday, March 13, 2006 2:56 PM To: Alan Oswald Subject: Rancho Viejo Rd Traffic Signal Hi Alan, Is this going back to council to decide where the signal is going to be installed?? Maria Guevara, Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6309 (949) 493-1053- Fax 3/14/2006 (0_�O 3o 10/17/2006 AGENDA REPORT D 4 TO: Dave Adams, City Manager R51 FROM: Nasser Abbaszadeh, Engineering & Building Director SUBJECT: Consideration of Notice of Completion — Camino Del Avion & Via Positiva Traffic Signal Installation (Terno, Inc.) (CIP No. 405) RECOMMENDATION By motion: 1. Adopt a Resolution declaring the work for installation of the traffic signal at Camino Del Avion and Via Positiva Capital Improvement Project complete, accepted and approved; and, 2. Accept Contract Change Order Nos. 1-6 in the amount of $21,894.05, and, 3. Direct the City Clerk to process the recording of a project Notice of Completion; and, 4. Authorize staff to release the 10% retention in the amount of $17,183.91, thirty- five (35) days after recordation. SITUATION A. Summary and Recommendation The work to complete the installation of the traffic signal at Camino Del Avion and Via Positiva has been completed to the satisfaction of the City Engineer and is ready for acceptance and recordation of a Notice of Completion with the County Recorder. B. Background Following testimony at the February 21, 2006 City Council meeting, Staff was directed to relocate a pre-ordered traffic signal and install it at the intersection of Camino Del Avion and Via Positiva to address safety issues. COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS Not applicable. Agenda Report October 17, 2006 Page 2 FINANCIAL CONSIDERATIONS The project was awarded at $149,955.00 and completed for $171,849.05. Staff is recommending the approval of Contract Change Order Nos. 1-6 to cover the additional costs for the change in installation location totaling $21,894.05. Funds for this project are budgeted in Account No. 12-65300-4703-405 for Fiscal Year 2006-2007. NOTIFICATION Terno, Inc.* *Agenda report included RECOMMENDATION By motion: 1. Adopt a Resolution declaring the work for installation of the traffic signal at Camino Del Avion and Via Positiva Capital Improvement Project complete, accepted and approved; and, 2. Accept Contract Change Order No. 1 in the amount of$21,884.05, and, 3, Direct the City Clerk to process the recording of a project Notice of Completion; and, 4, Authorize staff to release the 10% retention in the amount of $17,183.91, thirty- five (35) days after recordation. Respectfully submitted: Prepared by: Nasser A baszab deh, P.E. Alan P. Oswald Engineering & Building Director Project Manager NA/AO Attachments: 1. Location Map 2. Contract Change Order Nos.1-6 3. Resolution 4. Notice of Completion Page I of 1 u SEE go I, a1 1r499 MM M, Wim,- °�`�•Y'�T-,enayd j / ti91�. ! — - -- J �I amnlb 'OF LO bm 0n EM bVi _ _ '• X17 � ' - t' Al .:� � _ � • r � r v Iffm t��M-7w Camino Del Avion & Via Positiva Location Map sopa i', I N CityGIS 6.0 —i I:, Attachment 1 /� •/ Copyrightr u,pted RgKseeeerand may Irrt"aponrad! netlhereinisthe pmpielel pmpaty al the contributor suppYetl antler licer¢e and may np be spprmBtl emeN es Ycensetl W Dglel Map ProWcts. M z unp://maps.digitalmapcentral.com/produCtion/COreGIS/verl_76f/index.htm] 9/21/2006 TERNO, Inc 15701 Heron Avenue rELa Mirada, CA 90638 ELECTRICAL CO ACTORS 714-228-9631 a F)"W.croshucso.Can,,mn°any 714-228-9635 Fax CHANGE ESTIMATE #01 PROJECT TITLE: Bid Date: 3/23/2006 City of San Juan Capistrano Estimator: Tim Erno Via Positiva &Camino Del-Axion Job Number: 5101 Contractors Lie#862724 C-10 Expires 8/31/07 Scope: Exclusions: Fee/Permits / Utilities service charges Surveying jubstructure Relocation ITEM DESCRIPTION OF WORK Qty. Unit Price TOTAL 1 Install Additional Loop Detectors 3 $ 310.00 $ 930.70- 2 New Controller Cabinet Prints Econolite _ 1 $ 1,245.00 $ _ 1,245.00 3 Install Type 15 Pole Complete 1 $ _ 4,200.00 $ 4,200.00 4 Install Additional Clam Shell Pedestrian Signals 2 $ 1,420.00 $ 2,840.00 5 Install Additioanl Pedestrian Push Buttons _ 2 $ 216.00 $ 432.00 6 Redo Street Name Signs LS N/A $ _ 1,218.00 7 Install Additional 4.0" Conduit _ 40 $ 62.00 $ 2,480.00 8 Additional Sidewalk Removal & Restoration 570 $ 11.00 $ 6,270.00 9i _ z j7--' $ 19,615.00 9 Credit for 2.0" PVC Conduit (Pac-Belli_ 200 $_ 26.00 $_ 5,200.00 10 Credit for No. 5T Pullbox _ 2_._$ 700.00 $ 1,400.00 11 Credit for 1.5' PVC Conduit Advance Detection 120 $ 22.00 $ 2,640.00 $ (9,240.00) TOTAL ADD/ DEDUCT 10,375.00 ATTACHMENT 2 DAILY EXTRA W, K REPORT r rnov fir Lam ij.111!?Jr�'! -mg..........I ry r;....... -it WU ja ;1; F Till lkljl� f golly T i .11ro. 11 IT I o� 01 1�k Ifi. ;ru —Wr� 0 FIT ttlpBIT g''i "'I",WIN IT fig U M n '111, IT ;10 Labor Charges RT Labor 681.36 TIEN L01 ELC F L Howell 8.00 50.680 406.44 sc 13.00% 88.58 L02 LBR G4 M Krisman 8.00 34.490 275.92 OT Labor 0.00 i p %i'-]!! Emil 1,.r " T.;' Sc 12 WF IffiT i h .00% 'gqTij iri Nil N sl';' "01 1 12 1 1r 211 A WAN 91 lim -A M 10.5 Subtotal Labor 769.94 if 01 E01 9310065 2005 Ford F450 XL 8.00 22.910 183-28 $0111illce 0,00 E02 2020083 2006 I-R R185 Air Compressor 8.00 13.230 105.84 other Expenses 0.00 E03 9353002 2001 International 4700 8.00 35.440 283.52 mv 20.00% 1§!K E04 2260061 2005 Allmand Eclipse Arrow Board 8.00 2.380 19.04 Labor Total 923.93. EquipfitentChai,roei Subtotal mu 15.00% 8BY6,' Equipment Total 686T44 Material Charges Af 10*00* 4 ,IT I Page NTS Universal Bill Form010704 Elffriouch-EVVE1111s.com DAILY EXTRA Wi K REPORT FILE COPY1 Illg],iii-j!�j r1'(+t.:RF L^-t-Gn" 3i!d:i li ir4'"1' •�+ p`gr'Iiirix .�: _. { '+yn� ' u- M1,�•i'"F w�""'�'p�"N4Gg � . n Yt�} �;1'nl._r.r.y,.!1! .ry u.f..c' .+C l.rltrr!!f�11 nd a•i:+ r rlf.,,t:n 1� I.I'�'i F l;xarE:. _.._r„!! fYv.6wt rra',.. rn s16 1V. S� : :y arP h 14i'' Ap L)'t� r11. .1�,,:..+, r r:•,.!!ti �x+rr�+t`' I;I��i(Wi '.91a�' .('.ri�-.' y �Y � a+.,�4Sfx�,t,ah �+Y.�- ,� .- 11-t1S1 �F11 ,.1�Nk.l Z:il_,:.+trwU'L�.�I rytly�d;��I�ILC.!t_.;•d:!Jil fF�{rAy.�+d.!'a� -11: F jj��,, .�I 1�r 'is f' p!d�_...L' 1`.• nr(.0 ie 'q - ''9,1 rNftrdnn7rp!! iu vfu t n: d r�Eg a f!r i!'a� ri">t'. ! II glg>�0ji,.ry r�rr�]'I kdAPindF,. Iv�ryry' it :g ;.,1:;:.1t .n•.O:I � !�:!: t ..tt!T�� „r:a+.!Y'.✓:,! t�K,4rl,: 1° lt.rr .ff Jl lnr tk!, t.!+J rs rt1 ,: ml .V .1� :1 tai �➢ ! .._� ., ,I v !i 1 ri f, 1 .V I nt n�k' ! ,1 ,fir Ya I f't`in rr i -fa "'.v riidtPl rot *' p�{!ttt4[I.'p ly c+r++xs i. .,�r91t ! 7 I -iilit � F d 1 ��- __+:._.x :91 ,r.! lr.l}ryJ'lanl E111�`t ll'IS`11r If=,, I :_: lu'lll t; ds,a�Jn f` �tii y�lalintfij-v, vjl$t ''d':ill .,<Q4t1 vP -Sl+:i +!` S.k :' '*-TI, !ly{! ! 114 14i r..�y'_ y r:, °: y, c+�.•; �h•+ Pl:f• 41 ,• t8 'i„ Ir+� a I ' t , !7 e F rq r Y h G,,, r r w, Labor Charges r�+41++�,+ +1il!..� .dyi'j�i�`I,��I�tn�p111"1111,111,11-14 l.,1� II l.,l TI.. ' J,.�+ tlf`�mrm "•;1 ytn:i�,I,7. iti. J�n ' ,b,�a :P�ylli T r �. li?r.'r i+ . .,r. :!191'FYtIr•�.t141;4 film; � '�:f`��'+5 Ir°' 1]" !:r -�;s d R Labor . 681.36 I 1 _,r± Stbs` t ,. Mill.. - L 1-01 ELC F L Howell 8.00 50.680 405.44 sc 11U0% 88.58 F02 LBR G4 M Kr'i'sman 8.00 34.490 275.92 OT Labor 0.00 'i'u7CAe� ',t tvk5 Iy ,i�M 1 r x�"FlnCl,ur,I,and d}uAI o r.°:i I�� 11r 131 I �' !�Jv0 L5'�I` Sc 12:00/° a.1i'rlc'!!-�"pp6 t'u w�' IFfil I+ P.r' ,- .. J: .. _._- . . _'L•t E a -r: r sl .,a.'Lh �.+a4t+:M'!sty�4,_.T81;f tl},Q �. . w.!1.Iryi i!>•r u�Ifi ll„ - 1 E ,,.G li i _. !�' .. 1�>,'._. Subtotal Labor 769.94 E01 9310065 2005 Ford F450 XL 8.00 22.910 183.28 Subsisterm - 0.00 E02 2020083 2006 I-R R185 Air Compressor 8.00 13.230 105.84 Other Ex ends 0.00 E03 9353002 2001 Internabonal4700 8.00 35.440 283.52 MU 20-00% 53:99'. x504 2260061 2005 Allmand Eclipse Arrow Board �t 8.00 2.380 19.04 Labor Total `933.93 y �!.�v{u�t1 ' ,Il It I; rt J 1!•I dt.til''�.' r�'>'rt "'� j' If if4 ibl it-I�. t rizlF�i. �, I II@• I � IM tVr4:, t'!i'tYT7Il I !1 inl A' ii ilk i r i r'{tr1 !.r. 1 L : It}!!h',F .?.�.'fa'a' r�rd"q'�f 4'•!f Moe !I,I t s s, t tiu tyl€,sp r+- d dr c! -'.'y 1 t 1 a tt i s;tdo✓ OLI t1FfFf.,f,':i•r lle:s au .+ !' i t �,IP:,s?ytr3rr+ru I: �dr>n 5'f01�1.lXfoa}l�'`{f!,IiL7i .Er.OY� � Equipment Cheige6 Mot 57999 12/17/2005 Resource I Temporary Asphalt Per Bag 10.000 EA 4.70 47.00 Subtotal 591`•68 MU 15:00% 88 76 ! Equipment total °680.44 Material:Charges Subtotal 47.00 MU 15,00% 7.05 Material Total 64,05 ACOvKyToi'�1 ':i� 't+Ba$.d2.:� tt119 �a4' Fq:. yy ;SIU$ifl7t➢k'a' , 71, 58.4 - - '. 111 Tatal+i�,r.•�p �'�'� Filt�+.-. , Page 1 NTS Universal Bill Form 010704 _ EWTouch-E"Als.cbm DAILY EXTRA W REPORT rILIC ti u r y g, im UN11 lNG Labor Charges IF RT.Labor 341168 Lot ELC F L Howell 4.00 50.680 202.72 SC M00% 44.28 L02 LBR G4 M Krisman 4.00 34.490 137.96 OT Labor 0.00 0 iWil Iinall MIRE N �,gsp 0. ,1 1lc] 1-ii* "ifi Oil. 7 m -5 SEEM NNARNI Sublota HIM' , _'51 iEITtjIV9,I M` ;. , 110 M . �? it,M L, .,! '!. 1,a i!;T5 1, , -1111 % SC 1200 No_111111,61 -.307 ein MEIN I Labor 384.96 E01 9310065 2005 Ford F450 XL 4.00 22.910 91.64 SUballitence. 0,01 E02 2020083 20061-R R185 Air Compressor 4.00 13.230 52.92 ' bititle pbpdhiies 0.00 E03 9353002 2001 Intennational 4700 4.00 35.440 141.76 MU 26.00% 76;99 It -qljplipg� -vigm -grr g-ml-,11-amligg I, grilU'l iiii!N B�Prqwl -1 Ni z FiN LaborTotal 1011 ripl- 461.96 Via 2l MINN. M M2 1`. 1. 1; mOl 8231692 3/06/2006 Walters Conduit, Pvc S80 2.0" �D,000 EA 2.49 49.80 Equipment Charges mO2 35265 5/19/2006 8111 Petty's Backhoe Service Inc.I Backhoe Rental 1,000 LS 779.50 779.50 $u1btotild 286.32 mu M00% 42-095 — __777= 124010entTopat 3219.27 SUbt6tId 829.30,: MU isom 124A0 Mathdai Tow' 963.70 Aallr_ M w�m Page NTS universal Bill Form MUM EINTOUCA-EMillsmm DAILY EXTRA REPORT 1 L t U U NY !r',rJ '+7�. ,g.>J ✓!W I,:.. c1 - a ,y V ;t yr-§rmrl!h r:-J1FIIk� aN+�u. . I . .h YhdlWl'il r qD+i.-.�,:u q•u s'4 4 $ L 'f, T' r 4- 1 °` J, f Ifxe 4- I .�1 a II t 15 nt°>n'P'.•�,r�` �l; vl e;:.,i ., ,@:_I.y. I(, n.•lal r.n L..-t .a It:-.z,r•. u �y r :liil�l l K' "ir d1l i71.d4r xJ�a.: i - I.•lq r '', 4,f411":•+t`�,flFl e•.Z,i, •,-.:k:.:`�,• tl. !"�i ;1,I� P v..1.:. {.Ihg ?.,;v l 'imIr t + Ind . �� .. -(' v :4, {I.s. 3,�i.., ` i, •' :i h:,,m.'':'1' ?• :' l�reC r.11+ 1j91. y„hy';IIL"p1,.yJ, ��Ifin: 5`�I 41! �'h;lif r.t�,ls Iz,i!,,71d �F lar.i 'Ipp„ 4. .a � El:rIu . ., rr',,h °•,QI,! tlQq,L :. •r'fi2',W1nP:�,I,S fu 'lu., l 1_!.5� :.r � !s-itr�l?I OP I�r IJP, f�_ !< ,31 i. I_ .:m s,: .ru'rr s � t G t `fl'� .r.,4 a,l'••�V- t , �.�pJ�vt'� at_„t1 F'L'-1i�7 -1 .,_„•'.�kn�ir , (�h•, � I ra..d't I r„ n:.fd it ,Q un21 'in � r ,11{. 4, ,'61 r'A,14A,y1.r.l i'9uSwiP�•allA,l. 1' Sli;i-Jilkl 1'- '4116-I i1q=n.gp.:: ..I'k•.1 E! .�!L ,.s..�j: N11 .,,., .Il. :A¢tw'I'il I I:li:i iry•(:1i:!i4Ji'n I tIJP I:.I.r':,,7i ........ _ ri�� 4 ira ra rF;hii,,;, FQ t .•! ''r,.r? tff6G 1iSS L . # ,, rlk t �1 i L ._ rn: 9. u , : rr!spa rl I'»;.,.;_ 1. 1 a , L �J�:.. :..,, ,1,-�..�.iH:t,.°•. L, '• -° 4.G; L...la.�„,1a 4 i. .d. t.,. _. ,L,... r.' ':I r_' >! -°4r'a.('iIR..�.Ai �:1s.a,.. [+8fI ln,ur�.,a��,-,,xr.n'i.,G,INh1.1�'w kx.k,, .,'�Y; ,h1,x!Z:rr.i 1 iIt,.dyrlk:I�;�9R,��6�u.�a�.,,�4•".,.rI,s;p.„�N.S s..,l.,rr.a:l!tir u,9°,"_I''uW.Mtl!:r;.§.>MrJ:t alrr:1a!:r�J�ra Sxa%nAi 61a:ra�'t:(irtS-1u'1ntr�1lM° 4tv11, r.., Labor-Charges , �.1 WIN,!4lPI, O15 RT Labor 340.68 Lot ELC F L Howell 4.00 50.660 202.72 SC 18'AU% 44',28 Loz LBR G4 M Krisman 4.00 34.480 437.96 ortgbor 0.00 �v ,��y ._. -p-n,g s,.,p�n.,,s."160E' a ,I aM1 a,la r6- IF IW:r , .tav f..�.l, J , . t J' Mir”cl IH k+ a •F tar �'i of k f4:n r 1,7 i is,:`s� "i2's•. o + .'�. � J,��a r, - �✓.nrr �,Inl�° to ,, M ;,,relp-�s1�:,dP,1�.1, ii I r I-�•�di Ir,r 1!-rf� A} r �'I}Wr iv^p'�1. a'a� r rst� :1 i � 65tiy6 v.5x r4�s'4rr�lai�.l{,v,� SC 12:00/° Iui ... -412x474 r`' 7 Iarbi rkr:�6� Subtotal Labor . 384.96 ED' 9310065 2005 Ford F450 XL 4.00 22.910 91.64 -subsistence - - 0•.00 Other E)*nses': OAD Mu 20;00°!e . :: 76:99 Labor Total 461$95 ' Equlpli8n!Charges .subtotal " 91.64 MU 18:ola% 13.75 Equipment Tota( 105.39 Materia[-Charges 1 'Word(Taiai r `� �# jI 11117t3� r ,1lr� 7. ;,. aiWs4btgCai aLI c Page NTS Universal aril Fmm 010704 EW(ouch-EWBift tom TERNO, Inc fELECTR ALCON-911hC 15701 Heron Avenue yLa Mirada, CA 90638 TOR 714-228-9631 s PW.Oo,Mructlon 0w 714-228-9635 Fax CHANGE ESTIMATE #06 PROJECT TITLE: Bid Date: 6/19/2006 City of San Juan Capistrano Estimator: Tim Erno Via Positiva & Camino Del Avion Job Number 5105 Contractors Lic # 862724 C-10 Expires 8131/07 Scope: Exclusions: Fee/ Permits / Utilities service charges Surveying Substructure Relocation ITEM DESCRIPTION OF WORK Qty, Unit Price TOTAL 1 Cost to Install SDG&E Feeder Conduit & Transformer Pad. Cost includes removal of tree Shrubs Break into Existing Vault, place conduit in trench w/ sand backfill place Transformer Pad w/ aggregate base and restore all surrounding area. LS N/A $ 5,944.00 TOTAL $ 5,944.00 Cost Breakdown_ Labor: $2,466.00 Material: $1,80200 Equipment $480.00 Sub's: $464.00 15% mark-Up $781.80 $5,993.80 RESOLUTION NO. 06-10-17-02 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 CAMINO DEL AVIION AND VIA POSITIVA TRAFFIC SIGNAL (TERNO, INC.) (CIP No. 405) WHEREAS, on November 1, 2005, City Council awarded a contract to Terno, Inc., 15701 Heron Avenue, La Mirada, CA 90638 for construction of a traffic signal at Rancho Viejo Road and Highland Drive; and WHEREAS, on February 21, 2006, City Council approved the relocation of the traffic signal installation to Camino Del Avion and Via Positiva; and WHEREAS, the Director of Engineering and Building has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, that 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 $171,849.05. SECTION 3. That the work is hereby accepted and approved. SECTION 4. That the City Clerk is directed to forward forthwith Notice of completion to the County Recorder of the County of Orange for Recordings. PASSED, APPROVED, AND ADOPTED this 7th day of O P 6. i DAVID M. SWERDLIN, MAYOR ATTEST• ^A U UVB` WA-`RGANAH N,kITY CLERK Page 1 of 1 10/17/2006 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No.06-10-17-02 was duly adopted bythe City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 17'h day of October 2006, by the following vote: AYES: UNCIL MEMBERS: Hart, Bathgate, Soto, Allevato and Mayor Swerdlin NOES: C L MEMBER: None ABSEN IL MEMBER: None MAR . MON N, City Clerk RECORDED AT REQUEST OF AND RETURNED TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HERBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Terno, Inc., 15701 Heron Avenue, La Mirada, CA 90638 for construction of a traffic signal at Camino Del Avion and Via Positiva. That the said work completed on August 15, 2006, 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 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 17'h day of October 2006. That upon said contract, Fidelity and Deposit Company of Maryland was the surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 17'h day of October 2006. Margaret R. Monahan, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, 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 Clerk. Dated at San Juan Capistrano, California, this 17'h day of October 2006. Margaret R. Monahan, City Clerk City of San Juan Capistrano ATTACHMENT 4 32400 PASEO AOELANTO �% A A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)493-1171 /,fi SAM ALLEVATO (949)493-1053 FAX a },1 in[OAv0AA61 DIANE BATHOATE Il1AA76 JOE SOTI 1961 ART wwwsanjuancapistrano.org 1778 • • JOE SOTO DAVIO M.SVJERDLIN November 2, 2006 Tim Erno Terno, Inc. 15701 Heron Avenue La Mirada, CA 90638 Re: Completion of Construction of Library Phase I Dear Mr. Erno: At their meeting of October 17, 2006, the City Council of the City of San Juan Capistrano adopted Resolution 06-10-17-02 accepting the work as completed for the construction of the traffic signal at Camino Del Avion and Via Positiva. A copy of the recorded Notice of Completion is enclosed for you records. The retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on October 26, 2006; therefore,the final payment in the amount of $17,183.91 may be released on November 30, 2006. If y uu y questions, please do not hesitate to call. e urs, is Deputy City Cle cc: Nasser Abbaszadeh, Engineering & Building Director Alan P. Oswald, Senior Traffic Engineer Dottie Crawford, Accounting Tech Enclosure San Juan Capistrano: Preserving the Past to Enhance the Future Printed on 100%Recycled Paper 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)493.1171 SAM ALLEVATO (949)493-1053 FAX jam' I m[RAv01nIR DIANE BATHGATE FSIRBLISRfR 1461 WYATT HART wwW sanjuancapistruno.org 1776 • JOE SOTO DAVID M.SWERDLIN October 19, 2006 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Notice of Completion (Teruo, Inc.) SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. Thank you for your assistance. jV tr ly rs Morris Deputy City Cler Cc: Alan P. Oswald, Senior Traffic Engineer m Nasser Abbaszadeh, Engineering & Buildir m E Er ag 3°i P e $ M O Certified Fee O O a (EntloRree",R apt Fee Postmark squired) Here Restricted Delivery Fee LrI f1l (Entlorsamant Requlretl) rq Tbtal Postage&Fees $ d 6 S O tTo O � \. (`• b[reeei,Api.Fre:;---•-------•- ------ .QLn-ck ------------- wPoBoxryo. C) .2� U San Juan Capistrano: Preserving the Past to EnnanceTTIllutTIM • �See 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)493-1171 SAM ALLEVATO (949)493-1053 FAX j9 m[AAIOAAiFB DIANE BATHGATE Ff1AAtI I96I JOEWYATT SOTART w. wwsanjuancapislrano.arg 1776]6 JOE SOTO • • DAVID M.SWERDLIN e NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on October 17, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of Notice of Completion - Camino Del Avion & Via Positiva Traffic Signal Installation (Terno, Inc.) (CIP No. 405)" — Item No. D4. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, October 16, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Jill Thomas, Management Analyst II. You may contact that staff member at (949) 949-443-6362 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san'uancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas@sanivancapistrano.org. Meg Monahan, CMC City Clerk cc: Terno, Inc. ', Nasser Abbaszadeh, Director of Engineering and Building; Jill Thomas, Management Analyst II Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future C�Printed on 100%Recycled Paper 32400 PASEO ADEI-ANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i SAM(949)4931171 ,�,g- DIANE BEVATO (949)4931053 FAX a £� m[BAV61 DIANE HART www.sanivancapi,vtrano.org D76 JOE SOTO • • DAVID M.SWERDLIN e October 19, 2006 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On October 17, 2006, the City Council of San Juan Capistrano met regarding: "Consideration of Notice of Completion - Camino Del Avion & Via Positiva Traffic Signal Installation (Terno, Inc.) (CIP No. 405)" Item No. D4. The following action was taken at the meeting: Resolution No. 06-10-17-02 adopted declaring the work for installation of the traffic signal at Camino Del Avion and Via Positiva Capital Improvement Project complete, accepted, and approved; Contract Change Order No.s 1 through 6, in the amount of $21,894.05 accepted; the City Clerk directed to process recording of the project Notice of Completion; and staff authorized to release the 10% retention, in the amount of $17,183.91, thirty-five days after recordation. The following documents are in the process of being executed: n/a If you have any questions regarding this action, please contact Jill Thomas, Management Analyst II at 949-443-6362 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Cc: Terno, Inc. ', Nasser Abbaszadeh, Director of Engineering and Building; Jill Thomas, Management Analyst II San Juan Capistrano: Preserving the Past to Enhance the Future ��Printed on 100%Recycled Paper • • 3/7/2006 G 1a AGENDA REPORT TO: Dave Adams, City Manager FROM: Nasser Abbaszadeh, Director of Engineering & Building SUBJECT: Consideration of Project Status and Contract for Rancho Viejo Road & Highland Drive Traffic Signal Installation (CIP No. 405) (Terno, Inc.) RECOMMENDATION By motion, direct staff to work with the contractor to construct the traffic signal at an alternative location. PROJECT HISTORY This intersection has been considered for installation of a traffic signal for some time, due to increasingly heavy traffic on Rancho Viejo Road and the delay to traffic on Highland Drive. Following testimony earlier this year from residents for a nearby proposed office development, the City Council expressed a commitment to install a traffic signal at this intersection. On November 1, 2005, City Council awarded a contract to Terno, Inc. for $149,955 for installation of a traffic signal at Rancho Viejo Road & Highland Drive. SITUATION As the contractor was about to start construction, the City began receiving letters, e-mails and telephone calls from a number of nearby residents objecting to a traffic signal at this intersection, citing the lack of notice or need for the installation, and the environmental impact on their homes, including noise and light pollution and unnecessary delays at the intersection. Staff held a neighborhood meeting on December 21, 2005 to provide a forum allowing residents to express their feelings for or against installing a traffic signal at Rancho Viejo Road and Highland Drive. Residents living off Highland Drive, including Stoneridg2 Estates, were notified of the meeting. Of the nearly 300 residents, approximately 20 residents attended the meeting and provided their thoughts for or against the installation. Due to the light turnout of the meeting, staff sent out postcards to poll all neighborhood households, requesting their opinion on the signal installation. Of the 295 mailings, 200 Agenda Report March 7, 2006 Page 2 cards (68%) were returned. Results of the poll show 45% (90 households) in favor of the traffic signal installation and 55% (110 households) opposed, with 95 cards not returned. Staff has discussed the possibility of a contract buyout with the contractor(Terno)if it were decided to not proceed with the construction. They have provided the City with a cost of $75,500 to buyout the contract, with the City taking over ownership of materials already shipped to and received by the contractor; including poles and mast arms, signal heads and the controller cabinet. Costs for pull boxes, conduit and conductors have been credited to the City and will be retained by the contractor. Although the opinion poll shows 55% of the residents who returned cards to be opposed to the installation, staff does not feel it would be cost effective to "walk away" from the contract due to the high buy out cost without considering alternatives, such as constructing the traffic signal at another location. Staff has discussed with Terno, the possibility of retaining the contract and directing them to construct the signal at another location. The contractor was agreeable to that option and felt it could be a "win-win" for both parties, considering the circumstances. With that option open for consideration, the following locations are T-intersections with similar roadway characteristics to Rancho Viejo Road and Highland Drive and can receive a traffic signal. These traffic signal locations have been identified in the City's 7-Year Capital Improvement Program. 1. Camino Del Avion & Avenida Positiva 2. Rancho Viejo Road & Spotted Bull If directed by City Council to pursue this option, staff will work with the contractor to determine what, if any, cost changes will be necessary to modify the contract to reflect the location change. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS There will be no additional expense to the City if the traffic signal is constructed at Rancho Viejo Road & Highland Drive as per the previously awarded contract. Contract buyout will cost the City $75,500 with no project constructed. Redirecting the traffic signal construction to another location would permit construction of an improvement project with additional cost to the City. Agenda Report March 7, 2006 Page 3 NOTIFICATION Terno, Inc., 15701 Heron Avenue, La Mirada, CA 90638 Engineering& Building Department also sent meeting notifications to all residents who live on or off Highland Drive, including Stoneridge Estates. RECOMMENDATION By motion, direct staff to work with the contractor to construct the traffic signal at an alternative location. Respectfully submitted, P/reQparreed_ by, Nasser Abbaszadeh, P.E. Alan P. Oswald Director, Engineering and Building Project Manager NA:ao Attachment: 1. Location Map 0- x ,9w I Alternative Location #2i Im (� #� � �� V4f! Current Project Lo, native gg 9] < 7 0 g 5y 7 kz r Location b Location Map Attachment I 32400 PASEO ADELANTO v i% �\ MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 /iSAM EVATO (949)493-1171 /� �= DIANE BATHGATE (949)493-1053 FAX • jam' In[oAvoRAIIO DIANE BTAAtlf XfO 1961 WYATi HART www..sanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN March 8, 2006 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On March 7, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of Project Status and Contract for Rancho Viejo Road & Highland Drive Traffic Signal Installation (CIP No. 405)(Terno, Inc.)" Item No. G1 a. The following action was taken at the meeting: Installation of a traffic signal at the Rancho Viejo Road and Highland Drive Intersection (CIP No. 405) postponed indefinitely; and staff directed to work with the contractor to install the traffic signal at the alternative location of Camino del Avion and Via Positiva intersection: Allevato/Hart, 5-0 If you have any questions regarding this action, please contact Alan Oswald, Project Manager at 443-6356 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Enclosed: Cc: "Terno, Inc.; Alan Oswald, Project Manager San Juan Capistrano: Preserving the Past to Enhance the Future i, Printed on recycled paper 32400 PASEO ADELANTO J MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAMALLEVATO (949)493.1171 j,�ry�' InmRlo AAtFB DIANE BATHGATE (949)493-1053 FAX FSTULISP 8 1776 A MATT RT 1961 JOEOTO wwwsanuanca istrano.or • • DAVID M.SWERDLIN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on March 7, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of Project Status and Contract for Rancho Viejo Road & Highland Drive Traffic Signal Installation (CIP No. 405)(Terno, Inc.)" — Item No. G1 a. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, March 6, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Alan Oswald, Project Manager. You may contact that staff member at (949) 443-6356 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san'uancaDistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas cDsanivancapistrano.org. Meg Monahan, CMC City Clerk cc: *Terno, Inc.; Alan Oswald, Project Manager * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future �, Printed on recycled paper • • Page 1 of 1 3/7/06 Maria Guevara Gla From: Alan Oswald Sent: Monday, March 06, 2006 2:22 PM To: 'a.foxQcox.net' Cc: Maria Guevara Subject: RE: Traffic Light Thanks, Amy. I will pass this on to the City Council. WAX _ Department Mission Statement z To enhance the quality of life and preserve the City's heritage and �� s charm through timely response, effective design, environmental ;> t7 sensitivity, quality construction and neighborhood improvements." rn :2 rr', -----Original Message----- ? m From: Amy Fox [mailto:a.fox@cox.net] ty p Sent: Monday, March 06, 2006 1:27 PM i N To: aoswald@sanjuancapistrano.org o cn Subject: Traffic Light I may not be able to make the meeting due to sick children, but I would like to voice my opinion. I am against the light at Rancho Viejo and Highland. I think that Spotted Bull would make a much better- placed traffic light. I've lived here in Capistrano Royale for over 8 years. I have never had a problem exiting the neighborhood. I've never encountered any safety issues. I have two small kids, and I leave the neighborhood often 10 to 15 times a day from peak times before 8 AM to completely empty dead times, when I never have a wait. I've paid very close attention over the last few months, and never have I waited over 30 seconds (except one time when a bus was blocking the path) to leave the neighborhood. I support a light at Spotted Bull because it will allow traffic to flow down Rancho Viejo without having to make yet another unnecessary stop. Of all the times I've stopped at the Stop sign at Spotted Bull in 8 years, only a handful of times did a car actually leave that development. A light seems like a better solution to me because it will allow the majority of cars to keep going. In contrast, a light at Highland will force the majority of cars traveling down Rancho Viejo to stop yet again, wasting gas, and increasing delays for both Rancho Viejo travelers and people leaving the neighborhood. Plus, noise from accelerating cars and idling cars lining up to leave the neighborhood will increase our already terrible noise pollution. We already have so much noise from the freeway, we don't want more. So please make the council aware of our concerns. You've already polled us and the neighborhood voted a light at Highland down. Thank you, Amy Fox 30032 Imperial Dr. San Juan Capistrano, CA 92675 ?Ad,/ 9 /4/� 3/6/2006 Alan Oswald From: jgaswegan@cox.net Sent: Wednesday, March 01, 2006 10:51 AM RECEIVED To: aoswald@sanjuancapistrano.org Subject: Rancho Viejo/Highland traffic signal 1006 FEB 2111- P 2: 49 '404 1 Dear Mr. Oswald, CII Y 0LL— SAN JUAN CAPISTRANO I am unable to attend the 3/7/06 meeting regarding the Rancho Viejo/Highland traffic signal, but want to mention that I still believe it is unnecessary to install the light at this location due to: 1- Increased backup on Highland (preventing Imperial residents from leaving their neighborhood and right turn delays onto Rancho Viejo). 2- Increased noise and air pollution resulting from vehicle acceleration. 3- And the red lights that would more times than not shine into the surrounding homes on Imperial and Royale. I do appreciate the attention that has been given to the matter and agree that there are other locations that would benefit from a traffic signal more than Highland. I understand and respect the position you and your staff have been put in and give my heartfelt appreciation for your ongoing efforts. With Regards, Jennifer Aswegan 29861 Imperial Drive 949-365-9113 i February 26,2006 LEONARD A. WARD RECEIVED 26881 Vista Pointe 0 a( San Juan Capistrano, CA. 92675 UANCAPISTRAPd0 Mr. Alan Oswald Ll t.. FEB 2 8 2006 Senior Engineer,Traffic City of San Juan Capistrano Ctrr p<<4F: i, qu CN„fir 32400 Paseo Adelanto EEn�"� San Juan Capistrano, CA. 92675 — Dear Mr.Oswald: I am in receipt of your notice for a second meeting of the City Council on March 7 to discuss the installation of a signal at the intersection of Highland and Rancho Viejo Road. Unfortunately I am unable to attend due to a business commitment out of the city. I would like to officially go on record supporting the installation of this signal due to the hazards that exist for all residents of this area in trying to exit Highland on to Ranch Viejo. The traffic that now exists on Ranch Viejo is terrible. The speed of vehicles on this road creates a situation that definitely will cause accidents to happen and unfortunately they may be fatal. Somehow the city must slow this traffic down for vehicles to exit safely onto Ranch Viejo. I am aware that some residents are not in favor of a signal due to their desire to move quickly, but these people are wrong. When you consider the density of residents currently living in the area off of Highland in the Acreage Estates, Stone Ridge, and streets such as Monarch,Buckingham and Imperial,I am sure there are far more residents than those that reside off of Village Road and Spotted Bull Lane which already have signals to slow down traffic. I sincerely hope that the Council will vote favorably to install our signal,which is so urgently needed, and not expose anyone to legal problems for accidents that will occur in the future. Thank you for your// �consideration. l� e and A. a�// (949)365-0810 • • Page 1 of 1 Alan Oswald From: Harlan Lassen [hlassenl@cox.net] Sent: Tuesday, February 28, 2006 5:12 PM To: aoswald@sanjuancapistrano.org Cc: 'Gina Milia' Subject: RE: Traffic Signal at the intersection of Highland and Rancho Viejo We understand that the issue of placing a signal at the intersection of Highland and Rancho Viejo will be addressed at the March 7th council meeting. Although we will try to attend the meeting there is a good chance that our schedules will not permit us to attend. Because of that I would like to restate our position on the issue. We have over the past 7 years entered/exited Highland during all different time periods throughout the day (including commuting hours). Our experience has shown that there is a smooth, safe flow of traffic within that intersection and that condition has remained basically the same over the last several years. Beyond creating a slowdown of traffic exiting and entering Highland we are certain that the commuters using Rancho Viejo would be very unhappy to learn that their commutes will also be further impeded by having yet another stop light on their route. This impediment will also create increased gas consumption that will be a result of slowing/stopping the Rancho Viejo traffic passing through that intersection as well as additional wear and tear on their vehicles. We would appreciate it if you would take our objections into consideration as you discuss this issue on the 7th. . Harlan and Rebecca Lassen 27521 Silver Creek Dr. Stoneridge Estates, SJC 3/1/2006 Maria Guevara From: Alan Oswald Sent: Thursday, March 02, 2006 11:12 AM RECEIVED To: Maria Guevara Subject: FW: Light Signal at Rancho Viejo and Highland 100b MAR —2 All* 19 -----Original Message----- From: Ron Alden/$TS [mailto:ron®englishsales.com] CITY CLD16 sent: Wednesday, March 01, 2006 11:49 PM SAN JUAN CAPISTRANO To: aoswald@sanjuancapistrano.org Subject: Light Signal at Rancho Viejo and Highland This is a note to let you know of our opinion that no stop light is needed at the above mentioned ihtersection. We are residences of Stoneridge Estates and would oppose such a addition as unneeded and unwanted. Thanks Ron & Sherri Alden 27712 Horseshoe Bend, SJC 92675 949 218-3664 Home 1 Febru .ry 2c), 2vU6 Citli f ua,_ a n �, i.;`crano 32400 Pac,eo _.del nto San Juan Capisleano f" " - 1 2006 Calif 92 ,75 Dear Sirs: Received your yellow card on the proposed stop light at Rancho Viejo Road anu H ghland Drive and asked myself "Why?" and "For What?" This continual proliferation of NOT NEEDED stop lights only adds to the already man maue mess you have created on Ortega with the Midnight Approval of all of the fast food restaurants , the stop light debacle on the Junipero Serra off ramp area w: ich is still :orse than when it was boulevard stops only , and other unused stop lights you c.;uldn 't wait to install. I realize full well this letter will have little effect as it took years and the work of thousands to stop the crazy El Toro Airport Plans. This is no different. Just smaller The light is unneeded (I am at the interesection at least five ti ,ies a day) unwanted (just ask the residents in the area) ,and unnecessary �t::e present boulevard stops work just fine ). I will close with a brief question. Would any of you do this if you had to open your own wallets or purses and lay our YOUR OWN MONEY? Highly doubtful. No on the stoplight. cn z 29 � Sincere ' y n IeonarrowDn rn - v Z 0 To: The City Council of San Juan Capistrano 2/27/06 Fr: Matt Cereghino Re: The Traffic Light at the intersection of Highlands and Rancho Viejo Rd. I am writing in support of the traffic light. I know lots of people have different opinions. Obviously,the city felt a need to send a team out to do the study and the result was that the intersection warrants a light. People who do these type of studies are professionals in their fields so why would they be questioned. Their primary goal is safety as it should be. Traffic will become heavier once all the new buildings become occupied and J Serra is in full swing.(50 percent presently) I guarantee this issue will raise it's head again in 1,2 or 3 years and the money will have been spent elsewhere . Sometimes, you have to do right things right! ill I E � YE � �� Thank you for your consideration on this matter. 111 MAR - 1 2006 I j'J) CITY OF SAS'JUAN CAPISTEANO ENGINEERING C_-PAn'W N T In a �z � cn a tai D. s n DC-) m M < S M = vm - Maria Guevara From: Alan Oswald Sent: Monday, March 06, 2006 7:49 AM RECEIVED To: 'stephen heller' Cc: Maria Guevara; Nasser Abbaszadeh Subject: RE: Traffic signal at Rancho Viejo Rd. and Highland Dr. 1006 MAR -b A 15 3 Thank you, Steve. I will pass them on to the council. CITY CLERK Alan SAN JUAN CAPISTRANO Department Mission Statement "To enhance the quality of life and preserve the City's heritage and charm through timely response, effective design, environmental sensitivity, quality construction and neighborhood improvements. " -----Original Message----- From: stephen heller [mailto:endoperiodoc@cox.net] - Sent: Friday, March 03, 2006 5 :34 PM To: AOswald@SanJuanCapistrano.org Subject: Traffic signal at Rancho Viejo Rd. and Highland Dr. Dear Mr. Oswald, I am sending you this e-mail after speaking with you earlier this week as I am unable to attend the city council meeting on March 7. After an initial mailing and a resident survey, I thought this matter would have been laid to rest by now, however, this is not the case as indicated by this more recent mailing regarding the March 7 meeting. I want to start by saying I am in favor of the proposed traffic signal at the intersection of Rancho Viejo Rd and Highland Dr. I live on Buckingham Dr in the Alicante homes, and have resided there since 1987. I remember during the last debate a resident (who even made the newspaper with her picture) who lives near the intersection and is opposed to the signal because it takes away from the "country feel" of the area she moved to fifteen years ago. The sound of the I-5 freeway is enough to remind all of us that we're not in a rural area. However, I do sympathize with her argument as well as her desires. But the reality of the situation must be addressed, and the changes that have taken place in the last fifteen-plus years along Rancho Viejo Rd have made it clear that another traffic signal is indicated. The argument that most of the time a signal is not needed is valid. I'm concerned with the rest of the time when trying to turn south onto Rancho Viejo from Highland can me a mini-nightmare with waves of traffic alternating from north and south can making a prisoner of the driver, and continued development will make it worse. History can be an eye opener. When I moved here in 1987 there was very little along Rancho Viejo Rd between Via Escolar (Capo High School) and Ortega Hwy. There were a number of residential areas with streets funneling onto Ranch Viejo. There was Rosenbaum Ranch, Endevco, South Coast Christian Assembly Church, a nursery, and a small cemetery. That was pretty much it. And what has been added since then? Sunwalk homes, Capistrano Business Plaza, San Juan Corporate Plaza, Fluidmaster, Marbella Commerce Center, Marbella homes, Marbella Plaza, and Rancho Madrina homes. Under construction is the Mammoth Business Center, Ortega Ranch Business Center, and, of course Juniperro Serra High School. Times have changed and so has the traffic flow on Rancho Viejo Rd. The newly realigned intersection at Rancho Viejo and J. Serra is already a frequent mess. Another factor compounding the traffic are 1 the seven auto dealershipsetween Via Escolar and the Mallfat use Rancho Viejo Rd. for "test drives. " And the mall. That old, dark Mission Viejo Mall is now "The Shops at Mission Viejo" an upscale, destination Mall adding to more vehicles on Rancho Viejo Rd. Another problem is the I-5 freeway. It is often bumper to bumper both north and south, and Rancho Viejo Rd. is a not so secret bypass through San Juan Capistrano. I wish Camino Capistrano was used more, but it isn't. These problems are not restricted to the morning and evening rush hours; weekends are often the worst. And, if I 'm correct, the speed limit on Rancho Viejo is increasing to 45mph, which means traffic will be around 50mph making it a race between the "quick and the dead" turning left from Highland Dr. Finally, I am aware that the wheels of government turn slowly. Funding for the traffic signal is available now. This whole project was considered a number of years ago when residents complained about the traffic on Rancho Viejo Rd. was making it a burden to turn left from Highland Dr. and only now is signal coming to reality. If the traffic signal is not constructed now, the money will be diverted to other projects and not put into a "Rancho Viejo-Highland " bank account to be used at a later date. If I am correct, when the traffic becomes a real nightmare there will be no funds available for the signal and more years of frustration will go by to get funding again. I have no desire to exert my will on the residents of the community affected by this project. I don't know the results of the resident survey conducted in February. If the results were overwhelming one way or the other, then that's the way the decision should go. However, if the results were close, then I would urge the City Council to consider my assessment of the situation in it's decision. Respectfully, Steve Heller Buckingham Dr. P.S. If you think my comments are worthwhile, please pass this on to the City Council meeting on March 7 for consideration. 2 0 Maria Guevara From: Alan Oswald Sent: Friday, March 03, 2006 8:48 AM C E V E D To: Maria Guevara Subject: FW: Highland signal IS MAR -b A 153 -----original Message----- CITY CLERK From: DrBrutoco@aol.com [mailto:DrBrutoco@aol.com] Sent: Friday, March 03, 2006 1:03 AM SAN JUAN CAPISTRANO To: aoswald@sanjuancapistrano.org Subject: Highland signal My wife & I have communicated previously in regard to our opposition to a traffic signal at Highland & Rancho Viejo. With the issue on the 3/7/06 City Council agenda, we are writing again merely to reiterate that opposition (for the reasons previously communicated) -- and also to thank city staff for further investigating this matter and issuing your recent recommendation. The city -- and the Highland Drive neighborhoods -- are best served by your advice to put a signal elsewhere rather than at this site. Thank you. Rudolf L. Brutoco, MD for: Diana & Rudi Brutoco 27272 Viewpoint Circle San Juan Capistrano, CA 92675 1 . . Page I of 1 Meg Monahan From: Tucker Maryann [mtucker28028@yahoo.comj Sent: Friday, March 03, 20063:44 PM RECEIVED To: mmonahan@sanjuancapistrano.org; nabbasadeh@sanjuancapistrano.org; zmazboudi@sanjuancapistrano.org Cc: mtucker28028@yahoo.com I0� MAA -b A 32 Subject: Stop light at Highland -should place it at Spotted Bull/Rancho Viejo Rd. CITY CLERK SAN JUAN CAPISTRANO Dear Ms. Monahan, Please share this e-mail with the City Council members. I believe the stop light already purchased for the Highland/Rancho Viejo interesection would be put to best use for traffic flow at the intersection of Spotted Bull and Rancho Viejo Rd. For years I have thought a light has been needed there instead of the current stop sign. Every car driving on Rancho Viejo Rd. has to make a complete stop at that intersection, even though I could count on two hands the number of cars I have encountered coming out of Spotted Bull in the last decade, and I travel that road a lot. This is a waste of gas, time, brakes, and creates excess air pollution(as well as noise pollution for the neighborhood of Spotted Bull). With the new office buildings along Rancho Viejo Rd. and the Junipero Serra school expansion, there will be increased traffic using Rancho Vi! ejo Rd.,which will cause many more cars stopping needlessly at the stop sign. My suggestion is to put a sensored traffic light at the intersection of Spotted Bull and Rancho Viejo Rd. This will be good for the traffic flow and environmental health of San Juan Capistrano. It seems this is a bigger priority than the intersection at Positiva and Camino del Avion,where there is no new development and, in general, a lot less traffic. Thank you. Maryann Tucker 28028 Paseo Alba San Juan Capistrano, CA 92675 Maryann Yahoo! Mail Use Photomail to share photos without annoying attachments. 3/6/2006 Dear Ms. Monahan, Please share this e-mail with the City Council members. I believe the stop light already purchased for the Highland/Rancho Viejo interesection would be put to best use for traffic flow at the intersection of Spotted Bull and Rancho Viejo Rd. For years I have thought a light has been needed there instead of the current stop sign. Every car driving on Rancho Viejo Rd. has to make a complete stop at that intersection, even though I could count on two hands the number of cars I have encountered coming out of Spotted Bull in the last decade, and I travel that road a lot. This is a waste of gas, time,brakes, and creates excess air pollution(as well as noise pollution for the neighborhood of Spotted Bull). With the new office buildings along Rancho Viejo Rd. and the Junipero Sena school expansion, there will be increased traffic using Rancho Vi! ejo Rd., which will cause many more cars stopping needlessly at the stop sign. My suggestion is to put a sensored traffic light at the intersection of Spotted Bull and Rancho Viejo Rd. This will be good for the traffic flow and environmental health of San Juan Capistrano. It seems this is a bigger priority than the intersection at Positiva and Camino del Avion, where there is no new development and, in general, a lot less traffic. Thank you. Maryann Tucker 28028 Paseo Alba San Juan Capistrano, CA 92675 Maryann to Yahoo! Mail = Use Photomail to share photos without annoying attachments. �� 3C 1Tf n- �o n z< M vn cr _ r < D z M �r z cn O N 32400 PASEO ADELA NTO JMEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i4 IL�l�7 SAMo DIANE (949)493-1171 ,/y E THGATE BA (949)493-1053 FAX k� InmRluAnta HART nrenlsetn � 1961 WYATT HART www.sanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN November 3, 2005 , Terno, Inc. 15701 Heron Avenue La Mirada, CA 90638 Dear Sir or Madam: A contract related to the installation of a traffic signal at Rancho Viejo Road and Highland Drive was approved by the City Council and is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms for Bonding and Insurance. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK -- followed by original signed documents. Original bonds need to be forwarded to our office. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. Following receipt of the documentation, a Notice to Proceed will be issued at the direction of the project manager, Alan P. Oswald, Senior Traffic Engineer (949) 443- 6356. Please contact me at (949) 443-6310 if you have questions regarding the forms of insurance needed. Thank you, MuTill Orti Deputy v P Y Y Clerk cc: Alan P. Oswald, Senior Traffic Engineer Nasser Abbaszadeh, Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future �V PrintFtl on recycletl paper 32400 PASEO ADELANTO � �� MEMBERS OF THE CITU COUNCIL SAN JUAN CAPISTRANO,CA 92675 ii SAM ALLEVATO (949)493-1171 �p� m[OPvopAiEo DIANE BATHGATE (949)493-1053 FAX ESTABLISHEDWH I 1961 VATT HART wwwsanivancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN November 8, 2005 Terno, Inc. 15701 Heron Avenue La Mirada, CA 90638 Dear Sir or Madam: On November 1, 2005, the City Council approved a contract related to the installation of a traffic signal at Rancho Viejo Road and Highland Drive. Thank you for submitting documentation confirming current compliance with the terms of insurance and bonding under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the project manager, Alan P. Oswald, Senior Traffic Engineer (949) 443-6356. Thank you, Mitzi Ortie Deputy City Clerk cc: Alan P. Oswald, Senior Traffic Engineer Nasser Abbaszadeh, Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future • 11/1/2005 D9 AGENDA REPORT TO: Dave Adams, City Manager Q�k FROM: Nasser Abbaszadeh, Director of Engineering & Building SUBJECT: Consideration of a Contract for Rancho Viejo Road& Highland Drive Traffic Signal Installation (CIP No. 405) (Terno, Inc.) RECOMMENDATION By motion, award the contract for Rancho Viejo Road & Highland Drive Traffic Signal Installation to the low responsible bidder, Terno, Inc., in the amount of $149,955.00. Authorize the Mayor to execute the document on behalf of the City. SITUATION A. Summary and Recommendation Bids were opened October 3, 2005, for Rancho Viejo Road & Highland Drive Traffic Signal Installation. The bids are valid until December 31, 2005, a period of 90 days from the opening date. B. Background Bids were opened as follows: Terno, Inc. $ 145,265.00 Steiny and Company, Inc. 172,206.00 The following subcontractors were listed with the bid from Terno, Inc.: California Boring, Orange Orange County Striping, Orange Loop Masters, Inc., Anaheim This intersection has been considered for installation of a traffic signal for some time, due to increasingly heavy traffic on Rancho Viejo Road and the delay to traffic on Highland Drive. Following testimony earlier this year from residents for a nearby proposed office development, the City Council expressed a commitment to install a traffic signal at this intersection. Design of the signal was completed in prior years utilizing Measure "M" funding. Agenda Report November 1, 2005 Page 2 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The engineer's estimate for construction is $140,000. There is $150,000 budgeted from Systems Development in Account No. 12-65300-4703-405 for FY 2005-06. NOTIFICATION Terno, Inc., 15701 Heron Avenue, La Mirada, CA 90638 Steiny and Company, Inc., 12907 East Garvey Avenue, Baldwin Park, CA 91706 RECOMMENDATION By motion, award the contract for Rancho Viejo Road & Highland Drive Traffic Signal Installation to the low responsible bidder, Terno, Inc., in the amount of $149,955.00. Authorize the Mayor and City Clerk to execute the document on behalf of the City. Respectfully submitted, Prepared by: Nasser Abbaszadeh, P.E. Alan P. Oswald Director, Engineering and Building Project Manager Attachment: 1. Contract CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as"CITY"and TERNO, 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 Affidavit, the Designation of Sub-Contractors, the Contract that is prepared for execution by the CITY and the CONTRACTOR, Plans, Specifications and Special Provisions, the Standard_Specifications for Public Works Construction, 2003 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance 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 necessary to perform and complete in good and workmanlike manner the construction of TRAFFIC SIGNAL MODIFICATION — RANCHO VIEJO ROAD AND HIGHLAND DRIVE in strict conformity with the Plans, Specifications, and all other contract documents,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. 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 impractical and extremely difficult to fix the actual amount of damages, and loss sustained by CITY, should CONTRACTOR fail to complete the work in ATTACHMENT 1 the specified time;therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, Two Hundred Fifty Dollars ($250) per working 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 contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the 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 performance of the contract,guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion 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 incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court mayjudge as reasonable forthe legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. 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, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB- CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. 0 0 SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of,or in any manner connected with the performance of the obligations under this contract. 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 extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY,forfeit Twenty-five Dollar($25)for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar 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. IN WITNESS WHEREOF,this contract is executed by the duly authorized agent(s)of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano DATED: BY: Wyatt Hart, Mayor BY: c Temo, Inc.,Co tr c nse No. and Classification roZ 7Z1 ATTEST: i S1D Ia+U I� , CA q�la3� 114)72—S-9&;-3 f -PN Margaret R. Monahan, City Clerk 0()Z28. 94,35 FAX APPROVED AS TO FORM: John Shaw, City Attorney 32400 1 ADELANTO J MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVATO (949)493-1171 'ilnmAAAAAIEo DIANE BATHGATE (949)493-1053 FAX ESTABLISHED 1961 WYATT HART www.sanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN AA November 2, 2005 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On November 1, 2005 the City Council of San Juan Capistrano met regarding: "Consideration of a Contract for Rancho Viejo Road & Highland Drive Traffic Signal Installation (CIP No. 405) (Terno, Inc.)" Item No. D9. The following action was taken at the meeting: Contract for Rancho Viejo Road and Highland Drive traffic signal installation to the low responsible bidder, Terno, Inc., in the amount of $149,955.00 approved; and the Mayor authorized to execute the document on behalf of the City. If you have any questions regarding this action, please contact Alan P. Oswald, Senior Traffic Engineer at 443-6356 for more detailed information. Thank you, Mitzi rtiz Deputy Cit Clerk Cc: Terno, Inc.*; Steiny and Company, Inc.*; Nasser Abbaszadeh, Engineering & Building Director; Alan P. Oswald, Senior Traffic Engineer San Juan Capistrano: Preserving the Past to Enhance the Future �, Printed on recycled paper 0 0 AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) RECEIVED ) ss. County of Orange > INS SEP 33 P It 05 I am a citizen of the United States and a resident CITY C i c. of the County aforesaid; I am over the age of SAN JUl."! C/` i RANO eighteen years,and not a party to or interested Proof of Publication of in the above entitled matter. I am the principal clerk of the Capistrano Valley News , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior � nM rst Court of the County of Orange, State of TRAFFIC SIGNAL AND SAFETY LKMfr MOOMATAM RANCHO VIEJO ROAD AND XKftAND DRIVE California,on June 7, 1984, Case No. A-122949 �y0«��J2=� TRAFFIC TM0o&1Cw710N AT RANCHOin and for the Ci nof San Juan Capistrano, AD SAFETY L � VIEJO ROAD AND HIOHLAND DRIVE,una 700 p.m.on Vo 5. ca,wrt..na ro Is County of Orange,State of California;that the No aryao % o No �.ud emeaLftd. notice,of which the annexed is a true printed Coptic al a o PWM SW SPSACMW*m on go 0 On City CIWS Ben�a am.xnn C41WKno�aa/0o woo nW copy,has been published in each regular and n r� GR be a entire issue of said newspaper and not in any OaW: sAat«nbw 12,ZWS ` supplement thereof on the following dates,to 8QZrraver ORNIA wit: MW vw. s.ns�arss, s September 22, 29,2005 "I certify(or declare)under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana,Orange County, California,on Date: September 29,2005 Signa e T�U Capistrano Valley News 625 N. Grand Ave. Santa Ana,CA 92701 (714)796-2209 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO: 0041125000 FOR PUBLICATION ON: THURSDAY, SEPTEMBER 22, 2005 THURSDAY, SEPTEMBER 29, 2005 DOCUMENT TO BE PUBLISHED NOTICE INVITING BIDS — Rancho Viejo/Highland Traffic Signal & Safety Lighting PROOF OF PUBLICATION: Please fax to: City Clerk's Office, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 fax (949) 493-1053 telephone (949) 493-1171 AUTHORIZED BY: /s/ Marqaret R. Monahan DATE: September 12, 2005 Date of Bid Opening - 10/03/05 Date(s) notice published - 09/22/05 - 09/29/05 Date affidavit received Date notice posted in - 09/22/05 designated posting places 0 • 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 are 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 specifications 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$30, non-refundable, 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 and Classification 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. This Notice is hereby given and published by order of the City Council members of the City of San Juan Capistrano and is dated this 12th day of September, 2005. I w A ET R. MONAHAN, CITY CLERK LO'Rd(GE TF SAN JUAN CAPISTRANO COUNTY, CALIFORNIA 8/16/2005 D7 AGENDA REPORT TO: Dave Adams, City Manager FROM: Nasser Abbaszadeh, Engineering & Building Director SUBJECT: Consideration of Approval of Plans and Specifications and Authorization to Receive Bids— Rancho Viejo Road and Highland Drive Traffic Signal Installation (CIP No. 405) RECOMMENDATION By motion, approve the plans and specifications and authorize Staff to receive bids for Rancho Viejo Road and Highland Drive Traffic Signal Installation. A. Summary and Recommendation Plans and specifications have been prepared to install a traffic signal at the intersection of Rancho Viejo Road and Highland Drive. The project consists of constructing traffic signal equipment(including signal poles and mast arms, controller cabinet, traffic loop detectors, etc.), interconnect, street lights, sidewalk, wheelchair ramps, curb, gutter and other necessary appurtenances. The plans and specifications are now ready and staff is requesting approval and authorization to receive bids. A copy of the plans and specifications are available for review in the City Clerk's Office; a copy has also been placed in the City Council Office. B. Background Residents in the Capistrano Royale and Stoneridge Homeowners Associations have requested a traffic signal at this location fora number of years, citing the difficulty in getting out of their neighborhoods because of heavy traffic on Rancho Viejo Road; however,when developing the Capital Improvements Program (CIP)budget, it has not ranked high enough to receive funding when compared to other City priorities. During City Council hearings on the Mammoth Office Development earlier this year, residents again expressed their concerns about exiting Highland Drive onto Rancho Viejo Road. City Council expressed their concern and asked staff to consider this project in the upcoming FY 2005-06 CIP budget. Staff did consider the project, evaluated it against other priorities and found its ranking sufficient to receive funding for construction. Design of the project was completed with funding in prior years. Staff is requesting approval of plans and specifications for the installation of a traffic signal at the intersection of Rancho Viejo Road and Highland Drive and authorization to receive bids. Agenda Report August 16, 2005 Page 2 COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The engineer's estimate for construction is $140,000 and is budgeted for FY2005-06 from the City's Systems Development Fund. NOTIFICATION Stoneridge Estates HOA % Seabreeze Management Company, 39 Argonaut, #100, Aliso Viejo, CA 92656 Capistrano Royale HOA % Optimum Property Management, 17731 Irvine Boulevard, #212 , Tustin, CA 92780 RECOMMENDATION By motion, approve the plans and specifications and authorize Staff to receive bids for Rancho Viejo Road and Highland Drive Traffic Signal Installation. Respectfully submitted, Prepared by I N Nasser Abbaszadeh, P.E. Alan P. Oswald Engineering & Building Director Senior Engineer/Traffic NA:ao Attachment: Location Map fqy 4 b�grq q ¢°a x k � W em4 s � 9 vw e.x� POJO�N. gEVq Y's omLLA p PROJECT LOCATION �Q G y M WV ° M O 9,ybo d Q �4MN0 H apA, NE6ENCY OP- / \ k 5 a ct 25130 16 � 3Y+�31 I pqq 4�E ,M HI L91°E eWW e x hME N req�r x `o -� VI9TP i SEPNP _/ iPPeW P ? sP VP U W -yy S bq, j�xe .LP( P P E 4PJ f`1 uM( ^ E J NI°° 0- �! j ... °H-E HOME A � ��5 \ ` ATTACHMENT 1 a 32400 PASEO ADELANTO �, a MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 iii SAM ALLEVATO (949)493-1171 VVV (949)493-1053 FAX ` Ilotn AFORRtEo DIANE BATHGATE 61pB111961 MATT HART tinwwsanjuancapisU'ano.°i-g V766 JOE doEsoro DAVID M.SWERDLIN August 17, 2005 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On August 16, 2005 the City Council of San Juan Capistrano met regarding: "Consideration of Approval of Plans and Specifications and Authorization to Receive Bids - Rancho Viejo Road and Highland Drive Traffic Signal Installation (CIP No. 405)" Item No. D7. The following action was taken at the meeting: Plans and specifications for the Rancho Viejo Road and Highland Drive Traffic Signal Installation project approved; and staff authorized to receive bids for the project. If you have any questions regarding this action, please contact Alan P. Oswald, Senior Traffic Engineer at 443-6356 for more detailed information. Thankyou, vie�rvity P YDe ut Clerk Cc: Stonebridge Estates HOA; Capistrano Royale HOA; Nasser Abbaszadeh, Engineering & Building Director; Alan P. Oswald, Senior Traffic Engineer San Juan Capistrano: Preserving the Past to Enhance the Future t� Printed on racvcled paper w Alf- 32400 Pi ADELANTO � .,� e A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 .LJ7 CC71 (949)493-1171 �y `_ DIA Al (949)4931053 FAX t� Patna DIANE HART wirw.scnryaancctpis/rrmu.°rg V76 JOE 5070 DAVID M.SWERDLIN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on August 16, 2005 in the City Council Chamber in City Hall, to consider: "Consideration of Approval of Plans and Specifications and Authorization to Receive Bids - Rancho Viejo Road and Highland Drive Traffic Signal Installation (CIP No. 405)" — Item No. D7. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, August 15, 2005 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Alan P. Oswald, Senior Traffic Engineer. You may contact that staff member at (949) 443-6356 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancai)istrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-aaendase-sanivancapistrano.ora. Meg Monahan, CMC City Clerk cc: Stonebridge Estates HOA; Capistrano Royale HOA; Nasser Abbaszadeh, Engineering & Building Director; Alan P. Oswald, Senior Traffic Engineer " Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 1rl pnnretl on recvcletl ceder i a,a„ • 1 �l/ 32400 PASEO ADEI-ANTO �L. J MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM (949)493-1171 _ DIANE BEVATO (9d9)493-1053 FAX 1/✓%l� ` mfg Avo AAtFB DIANE ATHGATE P Fo 1961 H OE OTO RT wtiti'w..can uanca istrano.org 1776 • • DAYIO M.SWEROUN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on November 1, 2005 in the City Council Chamber in City Hall, to consider: "Consideration of a Contract for Rancho Viejo Road & Highland Drive Traffic Signal Installation (CIP No. 405) (Terno, Inc.)" — Item No. D9. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, October 31, 2005 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Alan P. Oswald, Senior Traffic Engineer. You may contact that staff member at (949) 443-6356 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas( Meg Monahan, CMC City Clerk cc: Terno, Inc.*; Steiny and Company, Inc.*; Nasser Abbaszadeh, Engineering & Building Director; Alan P. Oswald, Senior Traffic Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future �JPrinted on recycled paper 32400 PASEO ADELANTO �% F� � A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 /i �L/Z� ILEA (949)4931171 SAM ALLEVATO (949)493-1053 FAXj,�1 I m[01IopA1E1 DIANE BATHGATE ESTRIJK00 i IBB( WYATTHART www.sanjuancapistrano.org 1776 JOE SOTO • DAVID M.SWEROLIN September 16, 2005 Bid America 41085 Elm Street Murietta, CA 92652 Re: TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATION AT RANCHO VIEJO ROAD AND HIGHALAND DRIVE (CIP No. 405) Dear Sir: Enclosed please find Plans and Specifications for the subject project to be bid. The engineer's estimate for construction is $140,000. The Plans and Specifications are on file at the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Copies of the Plans and Specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano at the address noted above. One set is available for each general contractor proposing to submit a bid for the subject work. A charge in the amount of$30.00, non-refundable, is required for obtaining each set of Plans and Specifications. There will be a $5.00 charge for postage and handling on each set of Plans and Specifications that are mailed. Should there be any questions or additional information needed, do not hesitate to contact me at (949) 443-6356. Very trruully, ,yours, Alan P. Oswald Senior Engineer/ Traffic APO/ao enclosures (/ cc: Margaret Monahan (CA...\Traffic Signals\RVRd-Highland\Plan Room Letter.doc) San Juan Capistrano: Preserving the Past to Enhance the Future • Bid Opening Report Bids opened: October 3, 2005 at 2:00 p.m. Project Title: Rancho Viejo Road/Highland Drive Traffic Signal Project Engineer: Alan P. Oswald Pre-Bid Estimate $140,000 Bidder: Bid Amount Bid Bond/Addenda? . 1GTer�rro, Inc. 1 9 S , (}� L--- C2 : Z 2 Company, Inc. / 1 (O0 0 Q ✓� 3. / 4. / 5. / 6. / 7. / 8. /? / Signed: Dated: �� 3 cc: City Clerk S f (3) Project Dep ment (3) City Manager (1) The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. • • BID PROPOSAL • For the: TRAFFIC SIGNAL AND SAFETY LIGHTING MODIFICATION AT RANCHO VIEJO • ROAD AND HIGHLAND DRIVE • • From: Te0.uo .TNc &o'Z-72A C- \e • Contractor, License No. & Classification • To the Members of the 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, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 2003 Edition, including all • supplements therefore, read the Instructions to Bidders, and is familiar with all proposal • requirements, and hereby proposed and agrees, if the proposal 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: • ONa- A-VAacL FOAAy Nei+ a 71'"64MI • Nw,e 1A,-,sA&ed 16o+3ry t>okk % $ \A c145S'. do 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, apparatus, • 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 of San • Juan Capistrano 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 • ninety 90 working days. • • 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 • • • 2 • 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, 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 correspond 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 Members of 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 bid 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 �Ukaae2ws Qop� (Insert "$ cash," cashier's check, certified check or bidder's bond on the forms from pages BB-1 and BB-2 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company that will furnish the required bonds as surety if the work is awarded to the undersigned: Licensed in accordance with an act providing for the registration of contractors -- License No. S3 (�2 l 24 and Classification C v Signature of Bidder: • 3 • • (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.) "T ,p_NNo -Tpr — Taw 5 A,^was 6allo -PAe�,c1P r,�/(�J�prJgc�eq • �Rk� �.,..F'A ei \`o,p.x a�S _ Sec-fLe'�AQ�/ �syP AS..IRQI'Z Dated: Ck '1-7/0 G \5701 V�elao..) IAoey, La Mk&A�N CQ gp(o�g Business Address • • Dated: ° _Ck 3 1 • Telephone Number • Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth • in this proposal, that they are correct to the best of his knowledge and that they constitute his • proposal for the work called out herein. • Dated: • !� Signature of Bidder • Dated: `1(27/05 Ck(Ak • Telephone Number • • • • • ffII • • • • • • • • • • 4 REVISED SCHEDULE OF WORK ITEMS TRAFFIC SIGNAL AND SAFETY LIGHTING MODIFICATION AT RANCHO VIEJO ROAD AND HIGHLAND DRIVE Item Approx. Work Items With Unit Price Unit Price No. Quanti (Written in Words) (In Figures) Total Amount 1 L.S. Traffic Signal and Safety Lighting Installation for the lump price of Q Dollars. $ $ Q,031b.,00 2 L.S. off-street storage of equipment and �T materials for the lump sum price of Dollars. $ $ 3 L.S. Compliance with National Pollutant Discharge Elimination System Requirements at lump sum price of Dollars. $ $ 052. OC) Total Bid Price(Enter here and on Page 3) 00C Na%492-�a F..a.., lkkk%-, .ea V40-%,0 5s. Oo Words Figures • • • NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID • • • STATE OF CALIFORNIA ) ) SS. • County of San Diego ) • • ��vti1 kilo being first duly sworn deposes and says that he is rA es.A o w\- of – P n u o • 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 anyone else to put in a • sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix • the bid price of said bidder or of any other bidder, 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 anyone interested 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 therewith, 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 • • DATED: CI 3G� • SI E —` On this the _ day of 2005, before me, the un r6ned., a Notary Public • in and for said State, personally appeared personally known to me/proved to meis of satisfactory evidence, to be the • person(s) whose name(s subscribed to the within instrument, and • acknowledge that cuted it. • WITNESS my , icial seal. • jqotary Public in and for said State • • • • • • 6 CALIFORNIA JURAT WITH AFFIANT STATEMENT State of California County of San Diego ss. KI See Attached Document (Notary to cross out lines 1-6 below) LJ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No.1 Signature of Document Signer No.2(if any) Subscribed and sworn to (or affirmed) before me on this 30th day of September 2005 by Date Month Year (1) Timithy J. Erno Name of Signer IX Personally known to me ❑ Proved to me on the basis of satisfactory evidence to be the person who appeared before me (and JULIE A PAVAN (2) Common 1411764 Name of Signer 001 l�'�CO�°ASO Cl Personally known to me At Comm EWQ*CMX 1 ❑ Proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Top of Thumb here Top of thumb here Further Description of Any Attached Document Title or Type of Document: Non—Co11us16n--Affidavit Document Date: September 30, 2005 Number of Pages: Signer(s)Other Than Named Above: None 02004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•w NatmnalNotaryorg Item#5910 Reader:Call Toll-Free 1-800-876-682] • • • 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 • following 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 License No. Address Phone • & Classification • 1 ,Banta k C kI ii0J►v:Yt 1a*A%'J "!'(O1 F-cv-\kArc%k- -i 4 a,5(eCA ca _ CAV4,60G 004. OawN0.E _ Cw 42966 S, r t�P wy oawroo coc.ul A s{,i;Pwf� \e3 t4 z ix1 5.,, {' -7tq.- (p 3y_4sso 2. 5-1�-gw'-�— ?4Gow5 c31 oaaw4 ,,.tA �AiB t.o.p O.+s�iwi5 Loop mgcfeat. Tri 474oE Bays0+�5? 7t4-630 • 3. l tik 7Ssalg A BNaf,ro�. cA 42t07 • • 4. • 5. • • 6. • 7. • • 8. • Tefuio r✓ • • BIDDER'S NAME • • • AUTHORIZED NATURE • • • • • 7 32400 PASEO ADIELANTO MEMBERS OF�, F CIi COW4CIL SAN JUAN CAPISTRANO,CA 92675 (949)493.1171 (9497+19&1083 FAX WWII,SOWitancapistrano org September 26, 2005 ADDENDUM NO. I TRAFFIC SIGNAL AND SAFETY LIGHTING AT RANCHO VIEJO ROAD AND HIGHLAND DRIVE The following changes to the plans and specifications are promulgated through this addendum, Specifications Bid Bond, Performance Bond and Labor& Material Bond attached hereto, omitted from original bid documents. A signed copy of this addendum shall accompany the bid. Contractor Alan Oswald Senior Engineer-Traffic San Juan Capistrano; Preserving the Past to Enhance the Tuture 32400 PASEO ADELANTO MEMBERS OF THE CIN9WNCIL SAN JUAN CAPISTRANO.CA 92675 (949)493-1171 SAM ALLEVATO (949)493-1053 FAX .-UMUM DIANE L.BAT'HGATE lSllgiYtSR t 146) WYATTHART xu ,_sliljuancapisman°'°t`b 1776 - SOESOTO • • DAVC M.SWERDLIN September 29, 2005 ADDENDUM NO. 2 TRAFFIC SIGNAL AND SAFETY LIGHTING AT RANCHO VIEJO ROAD AND HIGHLAND DRIVE The following changes to the plans and specifications are promulgated through this addendum: Specifications Table of Contents: DELETE the existing and INSERT the attached. On Page 5: DELETE the existing "Schedule of Work Items"form and INSERT the attached "REVISED Schedule of Work Items"form. On Page DS-4: assembly in wdsling T-62 TWe w P! Gabinet as iRdlisated on the plan. The GGAtFaMF Sy6teFnOPOFMOGW. CONTROLLERS/CABINET The Contractor shall furnish one 12-phase NEMA TS2, Type 2 System controller assembly(Econolite ASC2-2100) complete in TS2 Type "P"cabinet The Contractor shall construct the foundation for the Type P cabinet. The Contractor shall install the tested controller assembly and perform all necessary wiring connections to implement the correct traffic signal system operation. San Juan Capistrano: Preserving the Past to Enhance the Future RVRd &Highland Traffic Signal Addendum#2 2 of 3 September 29 2005 A space requirement of 10 inches will be reserved on the portion of the top shelf of the Type V'cabinet for telephone company modem installation. On the right wall of the cabinet above the top shelf will be installed a .f inch thick block of plywood 90x10 Inches with a 12 position terminal block mounted on the bottom. Two duplex outlets are to be installed above the plywood for telephone company use. Tap of cabinet foundations shall be 18 inches above finished grade. Such auxiliary equipment as is required for the intersection to operate in a master control system shall be provided. Intersection management unit shall meet all NEMA specifications. Load relays shall be provided with Input and output indicator lights. The convenience receptacle shall have ground fault circuit interruption as defined by code. Circuit interruption shall occur on six milliamperes of ground fault current. Controller cabinet shall be provided a three-position switch in lieu of the two- position switch required by Section 86-3.07D. The three positions shall be designated "Flash-Stop-Time", "Off", and "Stop Time". The stop time switch when placed in the "Flash-Stop-Time" position, will cause the controller unit to stop time when the "Flash-Automatic" switch on the police panel is placed in the "Flash" position or when the signal monitor unit Is tripped. When in the "Stop Time" position, it will cause the controller unit to stop time. When in the "Off" position, the controller unit shall not stop time when the police panel switch is placed in the "Flash" position or when the signal monitor unit is tripped. The cabinet shall be equipped with a plastic envelope to hold wiring diagrams, signal timing instructions, and miscellaneous items. Controller cabinet shall be painted with a Polymeric or an enamel coating system conforming to Color No. 14672 (Light Green) of Federal standard 595a. Controller cabinet door shall have a Corbin No. 2 type lock. Door test buttons will not be required. RVRd &Highland Traffic Signal Addendum#2 3 of 3 September 29 2005 On Page DS-5: LUMINAIRES Luminaires shall be General Electric Company or Sierra Lighting Company "Mission Bell" luminaires with 120 volt, 209-250-watt high-pressure sodium vapor lamps and 90-degree shatter resistant cutoff lenses per City Standards. The ballast shall be lead or lag, regulator type. A signed copy of this ddendum all accompany the bid. Contractor Alan Oswald Senior Engineer-Traffic BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, TERNO, Inc. as PRINCIPAL, and Fidelity and Deposit Company of Maryland as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPI'STRANO, Obligee, hereinafter called City, in the sum of $ 10%-------- for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, Jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION Is such that whereas the Principal has submitted the accompanying bid dated October 3 , Wj2j0 for the construction of Traffic Signal and Safety Lighting at Rancho Viejo Road and* forthe City of San Juan Capistrano, Orange County, California. *Highland Drive, Contract 11405 NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (13) days after the agreement has been presented to him. for execution, enter into a written contract with the City In accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, If the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified In said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be In excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and In addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, Incurred by City in successfully enforcing such obligation, all to be taxed as costs and Included in any judgment rendered. BB-1 IN WITNESS WHEREOF, the above-bounden parties have executed this September Instrument under their several seals this 30th day of ,.�AAL0)5the name and corporate seat of each corporaw party being affixed hereto and these presents duly signed by Its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) TERxo, Inc. PRINCIPAL BY: Titlet ATTEST (If Corporation) Corporate,Seal Fidelity and Deposit Company of Maryland SURETY ATTEST BY: -QLD l ltiYlJr Title:_ _ Attorney-in-Fact (see power of attorney) Title APPROVP AS TO FORM: t� o nShaw, Ctty ttorney (I AA BB-2 ' CALIFORNIA ALL-PURPACKNOWLEDGMENT + • No.5907 State Of California County of Orange On September 30, 2005 before me, G.L.Reza,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Jeri Apodaca NAME(S)OF SIGNER(S) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1� G. L. RUA 0 aCOMM. #1395003 } f NOTARY PUBLIC-CALIFORNIA 3 WITN SS m h and official seal. i ORANGE COUNTY C �I My Comm,Exp. Jan. 21,2007 pan j NATURE OF NOTARY G.L. Reza OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) 8 LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 'C•ALIFORNIAALL-PURPO&CKNOWLEDGMENT No.5907 State of California County of Orange On September 30 2005 before me, G.L.Reza,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Richard Kujawa NAME(S)OF SIGNER(S) ❑ personally known to me -OR - ® proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon _- __-- L. REZbehalf of which the person(s) acted, executed the instrument. G. A { =. COMM. #1395003 -m + NOTARY PUBLIC-CALIFORNIA 3 ORANGE COUNTY N WITN S m han nd official seal. ( My Comm.Ezp. len. 21, 2007 SIG TURE OF NOTARY G.L.Reza OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER Bid Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) B LIMITED GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and T.E.SMITH,Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Corriany,wSacke, forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d ste,constitute and appoint Jeri APODACA,of Irvine,California, its true and lawful a execute,seal and deliver,for,and on its behalf as surety,and as its act and dee s and the execution of such bonds or undertakings in pursuance of these r o In any,as fully and amply,to all intents and purposes,as if they had been acw gularly elected officers of the Company at its office in Baltimore,Md., ' Ps e a orney revokes that issued on behalf of Jeri APODACA,dated 7, The said Assistant the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- y,and is now in force. IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND I / By: T E.Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland 1 ss: City of Baltimore f On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025) r 1 � EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board,or the President, or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertalring, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and inshuments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether trade heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 30th day of September 2005 Asststaa[Secretary ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. pisclosttrgof Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $ waived_. This amount is reflected in the total premium for this bond. )Disclosure of Availability of Ceverave for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms, amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Cituaav's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. for 2002,the insurance company deductible is 1%of direct earned promium in the prior year; for 2003, 7%of direct earned premium in the prior year; for 2004, 10%of direct earned premium in the prior year; and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar yew. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines"act of tetrorism"as any act that is certified by the Secretary of the Treasury, In concurrence with the Secretary of State and the Attorney General of the United States I. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human fife,property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel (or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission;and 4, to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to Influence the policy or affect the conduct of the United States Government by coercion. But,no act shalt be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting tiom the act,in the aggregate,do not exceed$5,000,000. These disclosures are Informational only and do not mollify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 . � �IIIIIpA 32400 PASEO ADELANTO ii I J � MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 !/i, SAM ALLEVATO (949)4931171 m[III"nH DIANE L.BATHGATE (949)4931053 FAx • DunISRED �, 1961 WVATT HART wwwsanjuancapistranO.Org 1776 ME SOTO • • DAVID M.SWERDUN September 29, 2005 ADDENDUM NO. 2 TRAFFIC SIGNAL AND SAFETY LIGHTING AT RANCHO VIEJO ROAD AND HIGHLAND DRIVE The following changes to the plans and specifications are promulgated through this addendum: Specifications Table of Contents: DELETE the existing and INSERT the attached. On Page 5: DELETE the existing "Schedule of Work Items' form and INSERT the attached "REVISED Schedule of Work Items" form. On Page DS-4: (`lIAITD�I 1 CDC/!`A QIAICT The GentFaMOF shall Fnedify existing EGenalite ASC2 2100 System GentFelle assembly an existing T-82 Type vvrm-cv��crcvrvrcorr�cr "P" cabinet as indiGated en the plan. The GeRtFaGter system eperatiep, CONTROLLERS/CABINET The Contractor shall furnish one 12-phase NEMA TS2, Type 2 System controller assembly (Econolite ASC2-2100) complete in TS2 Type "P" cabinet. The Contractor shall construct the foundation for the Type P cabinet. The Contractor shall install the tested controller assembly and perform all necessary wiring connections to implement the correct traffic signal system operation. San Juan Capistrano: Preserving the Past to Enhance the Future RVRd & Highland Traffic Signal Addendum #2 2 of 3 September 29, 2005 A space requirement of 10 inches will be reserved on the portion of the top shelf of the Type 'P'cabinet for telephone company modem installation. On the right wall of the cabinet above the top shelf will be installed a !4 inch thick block of plywood 10x10 inches with a 12 position terminal block mounted on the bottom. Two duplex outlets are to be installed above the plywood for telephone company use. Top of cabinet foundations shall be 18 inches above finished grade. Such auxiliary equipment as is required for the intersection to operate in a master control system shall be provided. Intersection management unit shall meet all NEMA specifications. Load relays shall be provided with input and output indicator lights. The convenience receptacle shall have ground fault circuit interruption as defined by code. Circuit interruption shall occur on six milliamperes of ground fault current. Controller cabinet shall be provided a three-position switch in lieu of the two- position switch required by Section 86-3.07D. The three positions shall be designated "Flash-Stop-Time", "Off', and "Stop Time". The stop time switch when placed in the "Flash-Stop-Time" position, will cause the controller unit to stop time when the "Flash-Automatic" switch on the police panel is placed in the "Flash" position or when the signal monitor unit is tripped. When in the "Stop Time" position, it will cause the controller unit to stop time. When in the "Off' position, the controller unit shall not stop time when the police panel switch is placed in the "Flash" position or when the signal monitor unit is tripped. The cabinet shall be equipped with a plastic envelope to hold wiring diagrams, signal timing instructions, and miscellaneous items. Controller cabinet shall be painted with a Polymeric or an enamel coating system conforming to Color No. 14672 (Light Green) of Federal standard 595a. Controller cabinet door shall have a Corbin No. 2 type lock. Door test buttons will not be required. RVRd & Highland Traffic Signal Addendum #2 3 of 3 September 29, 2005 On Page DS-5: LUMINAIRES Luminaires shall be General Electric Company or Sierra Lighting Company "Mission Bell" luminaires with 120 volt, 290-250-watt high-pressure sodium vapor lamps and 90-degree shatter resistant cutoff lenses per City Standards. The ballast shall be lead or lag, regulator type. A signed copy of this addendum shall accompany the bid. Contractor Alan Oswald Senior Engineer- Traffic TABLE OF CONTENTS TRAFFIC SIGNAL AND SAFETY LIGHTING MODIFICATION AT RANCHO VIEJO ROAD AND HIGHLAND DRIVE TITLE PAGE CONTRACT DOCUMENTS NoticeInviting Bids .............................................................................................................. 1 BidProposal ........................................................................................................................ 3 Scheduleof Work Items...................................................................................................... 6 Non-Collusion Affidavit........................................................................................................ 7 Designation of Sub-Contractors .......................................................................................... 8 Instructionsto Bidders......................................................................................................... 9 BidBond ........................................................................................................................ BB-1 PerformanceBond......................................................................................................... PB-1 Labor& Material Bond................................................................................................... LM-1 CONTRACT Contract ............................................................................................................................ 1-4 SPECIAL PROVISIONS Workto be Done.......................................................................... SP-1 Section 1 Standard Specifications ............................................................... SP-1 Section 2 Terms Defined.............................................................................. SP-2 Section 3 Flow and Acceptance of Water.................................................... SP-3 Section4 Water............................................................................................ SP-3 Section 5 Insurance and Overhead Costs ................................................... SP-3 Section 6 Protection of Existing Utilities....................................................... SP-3 Section 7 Protection of Private Property ...................................................... SP-3 Section 8 Construction Zone........................................................................ SP-4 Section 9 Pre-Construction Coordination Meeting....................................... SP-4 Section 10 National Pollutant Discharge Elimination System........................ SP-4 Section 11 Preservation of Survey Monuments............................................. SP-5 Section 12 Monumentation Identification....................................................... SP-5 DETAIL SPECIFICATIONS AND METHOD OF PAYMENT Bid Item 1 Signals and Lighting..............................................................................DS- 1 Bid Item 2 Off-street Storage of Equipment and Materials..................................... DS-10 Bid Item 3 Compliance with National Pollutant Discharge Elimination System Requirements........................................................................................ DS-10 REVISED SCHEDULE OF WORK ITEMS TRAFFIC SIGNAL AND SAFETY LIGHTING MODIFICATION AT RANCHO VIEJO ROAD AND HIGHLAND DRIVE Item Approx. Work Items With Unit Price Unit Price No. Quantity (Written in Words) (In Figures) Total Amount 1 L.S. Traffic Signal and Safety Lighting Installation for the lump price of Dollars. $ $ 2 L.S. Off-street storage of equipment and materials for the lump sum price of Dollars. $ $ 3 L.S. Compliance with National Pollutant Discharge Elimination System Requirements at lump sum price of Dollars. $ $ Total Bid Price (Enter here and on Page 3) Words Figures 1 �A� 32400 PASEO ADELANTO � �� y� MEMBERS OF THE CITU COUNCIL SAN JUAN CAPISTRANO,CA 926)75 /i/ 5� LEVATO (949)493-1171 ,�,y DIANESAM BATHG (949)4931053 FAX 1J m[Bel0BA1EB DIANE BATMGATE FSG/LISXG 1961 WYATT HART www.sanjuancapistrano.org D76 JOE SOTO September 26, 2005 �� • DAVID M.SWERDLIN ADDENDUM NO. 1 TRAFFIC SIGNAL AND SAFETY LIGHTING AT RANCHO VIEJO ROAD AND HIGHLAND DRIVE The following changes to the plans and specifications are promulgated through this addendum: Specifications Bid Bond, Performance Bond and Labor& Material Bond attached hereto, omitted from original bid documents. A signed copy of this addendum shall accompany the bid. Contractor Alan Oswald Senior Engineer-Traffic San Juan Capistrano: Preserving the Past to Enhance the Future In Fnn,M nn.annmlotl naris. BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as PRINCIPAL, and as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $ , for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 19_., for the construction of for the City of San Juan Capistrano, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (15) days after the agreement has been presented to him. for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. BB-1 IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their seversl seals this day of 19_� the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) PRINCIPAL BY: Title: ATTEST (If Corporation) Corporate,Seal SURETY ATTEST BY: Title: Title APPROV AS TO FORM: C\ k John Shaw, City; ity ttorney BB-2 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): which contract is by reference made a part hereof-, NOW THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attomey s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said-Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this day of 19at California. PRINCIPAL APPROVED AS TO FORM (NOTARIZATION AND SEAL) Qjjxv� JO R. SHAW, CITY ATTORNEY SURETY (NOTARIZATION AND SEAL) 1 Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That - WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to , License No. hereinafter designated as "Principal', a contract for ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Principal, and _ as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of DOLLARS ($ ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that 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 the bond, a reasonable attomey's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured thereby, and in addition to the face amount specified therefor;-there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the day of , 19 The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL By SURETY By APPROVED AS TO FORM JOHN SHAW, CITY ATTORNEY • • • • • CITY OF SAN JUAN CAPISTRANO • • COUNTY OF ORANGE • • STATE OF CALIFORNIA • • • • SPECIFICATIONS • AND CONTRACT DOCUMENTS • TRAFFIC SIGNAL AND SAFETY LIGHTING • AT • RANCHO VIEJO ROAD AND HIGHLAND DRIVE • • Members of the City Council • • WYATT HART, MAYOR • DIANE BATHGATE SAM ALLEVATO • JOE SOTO DAVID M. SWERDLIN CITY MANAGER • DAVE ADAMS • DIRECTOR OF ENGINEERING AND BUILDING • NASSER ABBASZADEH • • AUGUST 2005 • • • • • • • • • • • • • TABLE OF CONTENTS • • TRAFFIC SIGNAL AND SAFETY LIGHTING • MODIFICATION • AT RANCHO VIEJO ROAD AND HIGHLAND DRIVE • • TITLE PAGE CONTRACT DOCUMENTS • • Notice Inviting Bids .............................................................................................................. 1 • Bid Proposal ........................................................................................................................ 3 Scheduleof Work Items...................................................................................................... 6 • Non-Collusion Affidavit........................................................................................................ 7 • Designation of Sub-Contractors .......................................................................................... 8 • Instructions to Bidders......................................................................................................... 9 • Bid Bond ........................................................................................................................ BB-1 PerformanceBond......................................................................................................... PB-1 • Labor& Material Bond................................................................................................... LM-1 • • CONTRACT • Contract............................................................................................................................ 1-4 • • SPECIAL PROVISIONS • Work to be Done.......................................................................... SP-1 • Section 1 Standard Specifications ............................................................... SP-1 • Section 2 Terms Defined.............................................................................. SP-2 • Section 3 Flow and Acceptance of Water.................................................... SP-3 Section4 Water............................................................................................ SP-3 • Section 5 Insurance and Overhead Costs ................................................... SP-3 • Section 6 Protection of Existing Utilities....................................................... SP-3 . Section 7 Protection of Private Property...................................................... SP-3 • Section 8 Construction Zone........................................................................ SP-4 Section 9 Pre-Construction Coordination Meeting....................................... SP-4 • Section 10 National Pollutant Discharge Elimination System........................ SP-4 • Section 11 Preservation of Survey Monuments............................................. SP-5 • Section 12 Monumentation Identification....................................................... SP-5 • DETAIL SPECIFICATIONS AND METHOD OF PAYMENT • Bid Item 1 Signals and Lighting................................................................................ DS-1 Bid Item 2 Concrete Sidewalk and Wheelchair Ramp ............................................. DS-8 • Bid Item 3 Control of Traffic...................................................................................... DS-8 • Bid Item 4 Signing and Striping .............................................................................. DS-10 • Bid Item 5 Clearing and Grubbing, and Removal of Obstruction ........................... DS-11 • Bid Item 6 Street Name Signs ................................................................................ DS-13 • • • • • • TRAFFIC SIGNAL AND SAFETY LIGHTING • MODIFICATION AT • RANCHO VIEJO ROAD AND HIGHLAND DRIVE • • NOTICE INVITING BIDS • • • Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., • on the 3rd day of October 2005, receive sealed proposals or bids for the TRAFFIC SIGNAL AND SAFETY LIGHTING MODIFICATION AT RANCHO VIEJO ROAD AND • HIGHLAND DRIVE in accordance with the approved Plans, Specifications, Special • Provisions, and the Standard Specification for Public Works Construction, 2000 Edition, • including all supplements therefore, 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 City Clerk's Office, 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. Any person desiring to submit a bid proposal in response to this bid • package must first purchase the bid package. 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 total bid • amount. • The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited • to the City of San Juan Capistrano 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. • • No pre-bid conference is scheduled. The City of San Juan Capistrano shall not be • responsible for any instructions, explanations, or interpretation of the plans, specifications, and contract documents presented to the bidders in any manner. • • The successful bidder, simultaneously with the execution of the contract, will be • required to furnish a Faithful Performance Bond equal in the amount of one-hundred • percent (100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the Standard Specifications. • • 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 the City of San Juan Capistrano, will best serve the interests or needs of the City of San • Juan Capistrano. • • A time limit of ninety (90) Working Days has been set for the completion of the work, • from the date of the Notice to Proceed. • • 1 • • • • • • 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 are 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 specifications 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$30, non-refundable, 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 and Classification 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. • This Notice is hereby given and published by order of the City Council members of the • City of San Juan Capistrano and is dated this day of September, 2005. • • • • MARGARET R. MONAHAN, CITY CLERK • CITY OF SAN JUAN CAPISTRANO • ORANGE COUNTY, CALIFORNIA • • • • • • • • • • • • • • • • • • 1 • • • • • BID PROPOSAL • For the: TRAFFIC SIGNAL AND SAFETY LIGHTING MODIFICATION AT RANCHO VIEJO • ROAD AND HIGHLAND DRIVE • • From: • Contractor, License No. & Classification • To the Members of the 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, Specifications, Special Provisions, and the • Standard Specifications for Public Works Construction, 2003 Edition, including all • supplements therefore, read the Instructions to Bidders, and is familiar with all proposal • requirements, and hereby proposed and agrees, if the proposal 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: • • $ • 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, apparatus, • 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 of San • Juan Capistrano 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 • nine 90 working days. • • 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 • • • 2 • • • • • 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, 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 correspond 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 Members of 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 bid 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 • (Insert I cash," cashier's check, certified check or bidder's bond on the forms • from pages BB-1 and BB-2 of these Contract Documents, as the case may be), in an amount • equal to at least ten percent (10%) of the total bid. • The following is the name and place of business of the surety company that will furnish the • required bonds as surety if the work is awarded to the undersigned: • • Licensed in accordance with an act providing for the registration of contractors -- License No. • and Classification • Signature of Bidder: • • • • • • • • 3 • • • • • (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: Business Address • • Dated: • Telephone Number • Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth • in this proposal, that they are correct to the best of his knowledge and that they constitute his • proposal for the work called out herein. • • Dated: • Signature of Bidder • Dated: • Telephone Number • • • • • • • • • • • • • • • • • • • • 4 • • SCHEDULE OF WORK ITEMS • TRAFFIC SIGNAL AND SAFETY LIGHTING • MODIFICATION • AT RANCHO VIEJO ROAD AND HIGHLAND DRIVE • • • Ite Approximate Work Items With Unit Price Unit Price • m Quanti (Written in Words) (In Figures) Total Amount No. • 1 L.S. Traffic Signal and Safety Lighting • Modification for the lump price of • * Dollars. $ $ • L.S. Off-street storage of equipment and • materials for the lump sum price of • • Dollars. $ $ • L.S. Compliance with National Pollutant • Discharge Elimination System • Requirements at lump sum price of Dollars. $ $ • •Total Bid Price (Enter here and on Page 3) • • $ Words Figures • • • • • • • • • • • • • • 5 • • • NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID • STATE OF CALIFORNIA ) ) SS. • County of ) • being first duly sworn deposes and • says that he is of • the parry 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 anyone else to put in a • sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix • the bid price of said bidder or of any other bidder, 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 anyone interested 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 therewith, 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. • DATED; • SIGNATURE • • On this the day of 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared , • personally known to me/proved to me on the basis of satisfactory evidence, to be the • person(s) whose name(s) subscribed to the within instrument, and acknowledge that executed it. • WITNESS my hand and official seal. • • Notary Public in and for said State • • • • • • 6 • • • • 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 following 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 License No. Address Phone & Classification • 1. • • 2. • 3. • • 4. • 5. • • 6. • 7. • • 8. • • • BIDDER'S NAME • • • AUTHORIZED SIGNATURE • • • • 7 • • • • • 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. Soecifications and Site of Work • The bidder is required to examine the site of work, the Proposal, the Plans and the • Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 2003 Edition including all supplements, 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 of San Juan Capistrano 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 omissions 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 • request 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, • 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 of San Juan Capistrano 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. Before 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. • • • 8 • • • • 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 corporation 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. • 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 of San Juan Capistrano may require any bidder to furnish a statement of his • experience, financial responsibility, technical ability, equipment 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 provisions 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 of San Juan Capistrano for such a sum of not • less than ten percent (10%) of the aggregate sum of the bid, which check or bond and . the monies represented thereby shall be held by the City of San Juan Capistrano 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 • represented thereby, shall remain the property of the City of San Juan Capistrano and, if • the bidder shall fail to execute said contract, said surety will pay to the City of San Juan • Capistrano the damages which the City of San Juan Capistrano may suffer by reason of such failure not exceeding the sum of ten percent (10%) 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. • • • • 9 • • • • • 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°/x) of the amount of the contract, Said bonds shall be • secured from a surety company selected from the surety companies set forth in the standard • specifications. Bonds must be submitted on the forms contained in these specifications. • Time Performance • • The work shall be commenced within fifteen (15) calendar days from the date of issuance of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of ninety • (90) working days from the date specified in the Notice to Proceed 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 of San Juan Capistrano pursuant to said Code and as listed in the • "Notice Inviting Bids." • Construction 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. • • • • • • • • • • • • 11 • • • CONTRACT • This contract is made and entered into by and between the CITY OF SAN JUAN • CAPISTRANO, hereinafter referred to as "CITY" and 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 Affidavit, the Designation of Sub-Contractors, the Contract that is • prepared for execution by the CITY and the CONTRACTOR, Plans, Specifications and • Special Provisions, the Standard Specifications for Public Works Construction. 2003 • Edition, including all Supplements, Contract Bonds, Resolutions adopted by the CITY • pertaining to the work, insurance 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 necessary to perform and complete in good and • workmanlike manner the construction of TRAFFIC SIGNAL MODIFICATION — RANCHO • VIEJO ROAD AND HIGHLAND DRIVE in strict conformity with the Plans, Specifications, • and all other contract documents, 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. • • 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 impractical and extremely difficult to fix the actual • • • • t • • • 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, Two Hundred Fifty Dollars ($250) per working • 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 contract and guaranteeing • payment of all labor and material used under this contract, as required by the laws of the • State of California, on forms approved by the 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 performance of the contract, guaranteeing the work • against faulty workmanship and materials for a period of one (1) year after completion • 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 incidental to the work covered by this contract. • CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. • CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce • or interpret the obligations of this agreement, and such sums shall be made a part of any • judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall • provide that the surety shall pay attorney's fees incurred by CITY in enforcing this • agreement. • SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. 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, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB-CONTRACTOR under him, shall pay not less than the foregoing specified prevailing • rates of wages to all workmen employed in the execution of the contract. • • • 2 • • • SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract • liability and property damage insurance naming the CITY and its elected and appointed • officials as a named insured, which such policies shall be of an amount not less than One • Million Dollars combined single limit. Insurance certificates shall be for a minimum period • of one year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability • coverage, including owned, hired, and non-owned vehicles in the following minimum • amounts: • $500,000 property damage; • $500,000 injury to one person/any one occurrence/ not limited to contractual • period; $1,000,000 injury to more than one person/any one occurrence/not limited to • contractual period. ' The insurance policies shall bear an endorsement or shall have an attached rider • providing that in the event of expiration of proposed cancellation of such policies for any • reason whatsoever, the CITY shall be notified by registered mail, return receipt • requested, giving a sufficient time before the date thereof to comply with the applicable • law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the • required level of insurance has been satisfied. • CONTRACTOR shall indemnify and save harmless the CITY, its officers, agents, and • employees from and against any and all claims, demands, loss or liability of any kind or • nature which CONTRACTOR, its officers, agents and employees may sustain or incur or • which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the • performance of the obligations under this contract. • • 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 extent as though set • forth herein and shall be complied with by CONTRACTOR. These include, but are not • • • 3 • • • • • limited to, the stipulation that eight (8) hours labor constitute a legal day's work and • CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB- CONTRACTOR, for each calendar 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. • • IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of • CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the • name of each. • • • City of San Juan Capistrano • • DATED: BY: • Wyatt Hart, Mayor • • BY: • Contractor, License No. and Classification • • • • • • ATTEST: • • • Margaret R. Monahan, City Clerk • • APPROVED AS TO FORM: • • • John Shaw, City Attorney • • • • • 4 • • • • • CITY OF SAN JUAN CAPISTRANO • TRAFFIC SIGNAL AND SAFETY LIGHTING • MODIFICATION AT • RANCHO VIEJO ROAD AND HIGHLAND DRIVE • • SPECIAL PROVISIONS • WORK TO BE DONE The proposed project calls for the modification of a traffic signal at the intersection of Rancho Viejo Road and Highland Drive. • • SECTION 1 - STANDARD SPECIFICATIONS • The Contractor shall perform his work in accordance with the Standard Specifications for • Public Works Construction, 2005 Edition, 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 specified, errata and supplements to the Standard Specifications shall be part of • these specifications. The provisions of the Standard Specifications shall be modified as indicated below: • • Change 1: Contract Termination • "If at any time, in the opinion of the City Manager, Contractor fails to supply suitable • equipment, an adequate working force, or material of proper quality, or shall fail in any • respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon him, and should • he neglect or refuse to provide means for satisfactory compliance with the contract, as • directed by the City Manager, within the time specified in such notice, the City of San Juan Capistrano, in any such case, shall have the power to terminate all or any portion of the • contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City of San Juan Capistrano may designate. Upon such termination, the • Contractor's control shall terminate and thereupon the Members of the City Council, or its • duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, appliances, and plant, and buy such additional materials and • supplies at the Contractor's expense as may be necessary for the proper conduct of the • work and for completion thereof; or may employ other parties to carry the contract to • completion, employ the necessary workmen, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City of San Juan Capistrano • may deem proper; or the Members of the City Council may annul and cancel the contract • and re-let the work or any part thereof. Any excess of cost arising therefrom over and • above the contract price will be charged against the Contractor and his sureties, who will be liable therefore. • • In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City of San Juan Capistrano; but such forfeiture will • not release the Contractor or the sureties from liability or failure to fulfill the contract. • • SP-1 • • • • Contractor and sureties will be credited with the amount of monies so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the • operation of the contract and the completion of the work by the City of San Juan • Capistrano as provided above, and the Contractor will be credited with any surplus • remaining after all just claims for such completion have been paid." • Change 2: Section 7-13 - Laws to be Observed • Add: "All contractors and subcontractors shall comply with all sections of the Municipal • Code of the City of San Juan Capistrano, especially Section: 6-3.06(b), (c), (d) and • (e) and shall secure the services of the City's exclusive solid waste hauler for their • solid waste handling needs" • Change 3: Section 8 - Facilities for City Personnel Delete this Section. • Change 4: Section 2-9.3- Survey Services • The Contractor will perform and be responsible for the accuracy of survey adequate for • construction. The Contractor shall preserve construction survey stakes and marks for the • duration of their usefulness. If any construction survey stakes are lost or disturbed and • need to be replaced, such replacement shall be by the Contractor at his expense. • The Contractor shall dig all holes necessary for line and grade stakes. • Unless otherwise specified, stakes will be set and stationed by the Contractor for curbs, • headers, sewers, storm drains, structures and rough grade and a corresponding cut or fill • to finished grade (or flowline) indicated on a grade sheet. • SECTION 2 -TERMS DEFINED • • Whenever in the said Standard Specifications the following terms are used, it is hereby • provided that the following City departments or person shall be intended: • AGENCY shall mean City of San Juan Capistrano whenever 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. • SECTION 3 - FLOW AND ACCEPTANCE OF WATER • • Surface or other waters may be encountered at various times during construction. The • Contractor, by submitting a bid, acknowledges that he has investigated,the risks arising from surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of • the Contractor to protect his work from danger due to any waters encountered. Should any • damage to the work due to surface or other water occur prior to acceptance of the work by the City, the Contractor shall repair such damage at his expense. • • • • • SP-2 • • • • • SECTION 4-WATER • Water will be available from the City of San Juan Capistrano. Arrangements for temporary • construction water services permit and water service may be made by contracting the City at (949) 493-1515 one week prior to need for service. All water facility construction shall conform to • the City's"Standard Specifications" and the most current edition of"The Uniform Plumbing Code". • • SECTION 5 - INSURANCE AND OVERHEAD COSTS • The Contractor shall receive no direct compensation for insurance and overhead (move-in costs, for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. • SECTION 6- PROTECTION OF EXISTING UTILITIES (UNDERGROUND SERVICE ALERT) • • 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. The Contractor shall have all utilities located by contacting the responsible agency at lease 48 hours prior to commencing any • construction work. • The Contractor's attention is directed to the utility notification service provided by • UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with • the locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the USA by calling 1-800-422-4133. Other utility phone numbers are noted on • Sheet 1 of the plans. • • Full compensation for conforming to the requirements of this section shall be considered as included in the contract bid prices paid for the various items of work, and no additional • compensation will be allowed therefore. SECTION 7- PROTECTION OF PRIVATE PROPERTY • The Contractor must remain within the construction zone to the best of his ability. The Contractor • must protect all existing private property. • SECTION 8 - CONSTRUCTION ZONE Contractor shall protect property and facilities adjacent to the construction zone, and all property and facilities within the construction zone which are shown on the plans to be protected. After • completion of project, the construction zone 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 of 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, way or parking areas. • The Contractor shall be responsible for investigating oondifions of available public and private • roads and of clearances, restrictions and other limitations affecting transportation and ingress and • egress to the site of the work. • • • SP-3 • • SECTION 9- PRE-CONSTRUCTION COORDINATION MEETING • Prior to commence of construction, arrangements will be.made for a meeting between the • Contractor, the Engineer, and involved utility representatives. 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 in the attached form showing the number of working days required • to complete each phase of the project. This schedule shall be approved by the City Engineer prior to the start of construction. • SECTION 10 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM • The San Diego Regional Water Quality Control Board (RWQCB) has issued a permit which • governs stormwater and non-stormwater discharges resulting from areas owned and operated • by the County of Orange, Orange County Flood Control District and incorporated cities of Orange County (collectively referred to as Permittees). The RWQCB Permits is a National • Pollutant Discharge Elimination System (NPDES) Permit No. R9-2002-0001, respectively. Copy of the RWQCB Permit is available for review. • In order to comply with the Permit requirements, the Permittees have developed a Drainage • Area Management Plan (DAMP) which contains Model Maintenance Procedures with Best • Management Practices (BMP's) that parties conducting the municipal activities must adhere to. • These Model Maintenance Procedures apply to any part conducting municipal activities and contain pollution prevention and source control techniques to minimize the impact of those • activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality. • Work performed under this CONTRACT shall conform to the Permit requirements, the DAMP, • the City's Local Implementation Plan (LIP), and the Model Maintenance Procedures and must • be performed as described within all applicable Model Maintenance Procedures. The • CONTRACTOR shall fully understand the Model Maintenance Procedures. The CONTRACTOR shall fully understand the Model Maintenance Procedures applicable to activities that are being • conducted under this CONTRACT prior to conducting them and maintain copies of the Model • Maintenance Procedures throughout the CONTRACT duration. The applicable Model • Maintenance Procedures are included as Appendices FP-3 & NS-3 of this CONTRACT. • Evaluation of activities subject to DAMP requirements performed under this CONTRACT will be • conducted to verify compliance with DAMP requirements and may be required through CONTRACTOR self-evaluation as determined by the City. • • SECTION 11 - PRESERVATION OF SURVEY MONUMENT • Effective January 1, 1995, AB 1414 "Preservation of Survey Monumentation Compliance with • Section 8771 of the Business and Professional Code" provides for the preservation of Survey • Monuments in construction projects. This legislation mandates that prior to construction monuments are to be referenced in the field and "Corner Records" prepared for filing in the Office • of the County Surveyor. It also mandates that after construction, monuments are to be reset and • "Comer Records" filed with the County Surveyor. This must be done prior to certifying completion • of a project. • The City requires monumentation preservation on all capital improvement projects where monumentation points are present and the Contractor shall be responsible for submitting proper • documentation to the Office of the County Surveyor in compliance with AB 1414. • • SP-4 • • • • Project finalization, Notice of Completion and/or release of retention shall be contingent upon obtaining documentation from the Contractor's project surveyor or engineer that monuments have • been set or restored and Corner Records filed with, and to, the satisfaction of the County Surveyor. • All costs necessary to comply with this legislation shall be allocated to the appropriate bid item. • • SECTION 12 - MONUMENTATION IDENTIFICATION • In accordance with the Professional Land Surveyor Act, Section 8772, any monument set by a licensed land surveyor or registered civil engineer to mark or reference a point on a property or • land line shall be permanently and visibly marked or tagged with the certificate number of the surveyor or civil engineer setting it, each number to be preceded by the letters "LS." or "R.C.E.," • respectively, as the case may be or, if the monument is set by a public agency, it shall be marked with the name of the agency and the political subdivision it serves. • Nothing in this section shall prevent the inclusion of other information on the tag that will assist in the tracing or location of the survey records that relate to the tagged monument. Centerline ties filed with the Orange County Surveyor will be checked for compliance with this law. • • • • • • • • • • • • • • • • • • • • • • • • • SP-5 • • • • CITY OF SAN JUAN CAPISTRANO • TRAFFIC SIGNAL AND SAFETY LIGHTING • MODIFICATION AT • RANCHO VIEJO ROAD AND HIGHLAND DRIVE • • DETAIL SPECIFICATIONS AND METHOD OF PAYMENT • BID ITEM 1 - SIGNALS AND LIGHTING Furnishing and installing traffic signals and highway lighting systems and payment therefor shall conform to the provisions in Section 86, "Signals and Lighting", of the Standard Specifications and • Standard Plans of the State of California, Department of Transportation, dated July 2002, and • these special provisions. These plans and specifications are hereinafter referred to as State • Standard Plans and State Standard Specifications. • Traffic signal work is to be performed at the following location: • RANCHO VIEJO ROAD AND HIGHLAND DRIVE • • EQUIPMENT LIST AND DRAWINGS • The controller cabinet schematic wiring diagram and intersection sketch, to be mounted on the • cabinet door (24" x 36"), shall be combined into one drawing so that when the cabinet door is • open the drawing is oriented with the intersection. • The Contractor shall furnish two maintenance manuals for all new controller units, auxiliary equipment, and vehicle detector sensor units, control units and amplifiers. The maintenance • manuals and operation manuals may be combined into one manual. The maintenance manuals or combined maintenance and operation manuals shall be submitted at the time the controller is • delivered for testing or, if ordered by the Engineer, previous to purchase. The maintenance • manuals shall include, but need not be limited to, the following items: • (a) Specifications • (b) Design Characteristics • (c) General operation theory (d) Function of all controls • (e) Troubleshooting procedure (diagnostic routine) • (f) Block circuit diagram (g) Geographical layout of components • (h) Schematic diagrams • (i) List of replaceable component parts with stock numbers. • SCHEDULING OF WORK • • The Contractor may perform sub-surface work consisting of the installation of conduit, • foundations, and detectors, prior to receipt of all electrical materials and equipment. Above ground signal work shall not commence until such time that the Contractor notifies the • Engineer, in writing, of the date that all electrical materials and equipment are received, and said • work shall start within 15 days after said date. • • • DS-1 • • • • • No materials or equipment shall be stored at the job sites until receipt of said notification by the • Engineer. The job sites shall be maintained in neat and orderly condition at all times. • All striping, pavement markings, and signing shall be in place prior to signal turn on. • • GUARANTEES • The Contractor shall guarantee the entire work constructed by him under this contract and will • fully meet all requirements as to quality of workmanship and materials furnished by him. The • Contractor shall make, at his own expense, any repairs or replacements made necessary by defects in workmanship or materials furnished by him that become evident within one (1) year • after filing of the Notice of Completion of the work and to restore to full compliance with the • requirements of these specifications, any part of the work which during the one (1) year period is • found to be deficient with respect to any provision of the plans and specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the • Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do • the work and the Contractor and his surety shall be liable to the City for the cost. • FOUNDATIONS • Portland cement concrete shall conform to Section 90-10, "Minor Concrete", of the Standard • Specifications and shall contain not less than 470 pounds of cement per cubic yard, except • concrete for reinforced pile foundations shall contain not less than 564 pounds of cement per • cubic yard. • The foundations shown on the plan shall be extended if conditions require additional depth; such • additional work if ordered by the Engineer shall be considered as included in the lump sum • contract bid price. EXCAVATING AND BACKFILLING Excavations for new foundations shall be hand dug until clear of substructures. • STANDARDS, STEEL PEDESTALS, AND POSTS • In addition to identifying each pole shaft as detailed on State Standard Plan ES-6S, the Contractor • shall also identify each mast arm for all signals and luminaires. The stamped metal identification • tag shall be located on the mast arm near the connection plate and shall contain the same • information required on the pole shaft. • Where the plans refer to the side tenon detail at the end of the signal mast arm, the applicable tip • tenon detail may be substituted. • CONDUIT Conduit shall be rigid non-metallic conforming to Section 86-2.05, "CONDUIT', of the Standard Specifications. • • • • • DS-2 • • • • • The fourth sentence in the third paragraph in Section 86-2.05C, 'Installation", of the State Standard Specifications is amended to read: • • When a standard coupling cannot be used for coupling metal type conduit, a UL listed • threaded union coupling, concrete-tight split coupling, or concrete4ight set screw coupling shall be used. • • Insulated bonding bushings will be required. • Rigid metal conduit, to be used as a drilling or jacking rod, shall be fitted with suitable drill bits for • the size hole required. • After conductors have been installed, the ends of conduits terminating in pull boxes and controller • cabinets shall be sealed with an approved type of sealing compound. PULL BOXES • New pull boxes shall be precast reinforced concrete. Recesses for suspension of ballasts will not • be required. Pull boxes shall be installed on a 6-inch pea gravel base with grout. Lids shall read 'Traffic Signal' only. • • CONDUCTORS AND WIRING • Conductors shall be spliced by the use of "C" shaped compression connectors as shown on the • plans. • Splices shall be insulated by"Method B". • • Subparagraph 5. of the first paragraph of Section 86-2.09D, "Splicing", of the Standard • Specifications is deleted. • BONDING AND GROUNDING • Grounding jumper shall be attached by a 3/16 inch, or larger, brass bolt in the signal standard or • controller pedestal and shall be run to the ground rod or bonding wire in adjacent pull box. Grounding jumper shall be visible after cap has been poured on foundation. • Equipment grounding conductors will not be required in conduit containing loop lead-in cables • only. • TESTING • • The eighth paragraph in Section 86-2.14C, "Functional Testing", of the Standard Specifications, is amended to read: • • A shutdown of the electrical system resulting from damage caused by public traffic or from • a power interruption shall not constitute discontinuity of the functional test. • Payment for necessary delivery, testing, modifications, repair, storage, and pick-up is included in • the bid price. No additional compensation for this item will be made. • • • DS-3 • • • • ACCEPTANCE The Contractor shall arrange an on-site meeting (a minimum of 72 hours in advance) with a representative of the City Engineer, a signal technician, and the City Inspector who can assure • proper hookup of the controller to be present for the turn on for tentative acceptance by the • City. The signal technician shall be fully qualified to work on the controller assembly and shall be employed by the controller manufacturer or his authorized representative. The costs of the • signal technician will be considered as included in the prices bid, and no additional • compensation will be allowed therefore. All conduits shall be filled with water (and in the • presence of the City Inspector) no more than two (2) hours before this meeting. • CONTROLLERS/CABINET • The Contractor shall modify existing Econolite ASC2-2100 System controller assembly in existing • TS2 Type "P" cabinet as indicated on the plan. The Contractor shall perform all necessary wiring • connections to implement the new traffic signal system operation. • VEHICLE SIGNAL FACES AND SIGNAL HEADS • • Signal section housings shall be aluminum type. • All vehicle sections of the traffic signal faces shall utilize type one 12" Red, Amber and Green • light-emitting diode signal modules conforming to Section 864.02 of the Caltrans Standard • Specifications. Light-emitting diodes shall be Dialight, DuraLED or approved equal. • PEDESTRIAN PUSH BUTTONS Pedestrian push buttons shall be Type B. The housing shall be metallic. Push button signs shall conform to State Standard Plan ES-5C. • • SIGNAL MOUNTING ASSEMBLIES • Where a signal face is to be supported by a Type MAS mounting, a side attachment slip-fitter • inserted between the two sections, a spacer or spacers shall be placed between the two sections. • The vertical dimension of spacers shall permit proper seating of the serration between the lip- fitter and the two sections. Holes in the spacers shall align with the front holes in the section • housings. In addition to the fastening through the large openings in the housings, two sections • shall be joined with at least two bolts through the holes near the front of the housings and spacers, and through matching holes in a reinforcing plate installed within each housing. Saucers • shall be made of the same material as the signal housings. Reinforcing plates shall be aluminum • with a minimum thickness of 0.125 inches and shall be painted to match the housing. Bolts for • the joining signal sections shall be either stainless steel or cadmium-plated steel with round or binder heads. • • DETECTORS • Loop detector sensor units shall be type B rack mounted (2 channel) utilizing sequential scanning • of channels. • • • • DS-4 • • • Type B sensor units shall conform to the requirements in NEMA Standards for Traffic Control Systems, Section 7, as described in Publication No. TS1-1983. • • Loop wire shall be Type 2. • Loop detector lead-in cable shall be Type B. • • The Contractor shall test the detectors with a motor-driven cycle, as defined in the California Vehicle Code, which is licensed for street use by the Department of Motor Vehicles of the State of • California. The unladened weight of the vehicle shall not exceed 220 pounds and the engine • displacement shall not exceed 100 cubic centimeters. Special features, components, or vehicles • designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor-driven cycle through the response or detection area of the detector at • not less than 3 miles per hour nor more than 7 miles per hour. • LUMINAIRES • • Luminaires shall be General Electric Company or Sierra Lighting Company "Mission Bell" • luminaires with 120 volt, 200-watt high-pressure sodium vapor lamps and 90-degree shatter resistant cutoff lenses per City Standards. The ballast shall be lead or lag, regulator type. • • Fuse to be 10-amp Bussman No. FNM 10. Fuse holder to be Bussman No. HEB-AA. • The reflector shall be specifically designed to produce an ANSI, IES medium, cutoff, Type III light • distribution when used with a 200 watt high-pressure sodium lamp. • PAYMENT • • The traffic signal installation shall be complete. Notwithstanding discrepancies, or incompleteness or inaccuracies between the state Standard Specifications, these Special Provisions and the • Plans, it shall be the responsibility of the Contractor to provide and install the proper and • necessary quantities of items to result in a complete, workable, and fully operating traffic signal • and lighting installation. • The lump sum price for this item shall include all labor, materials, tools, equipment, incidentals, • poles, foundations, painting, controller installation, cable, conduit, hardware, testing, and appurtenances including interconnect conduit with pull rope and pull boxes as shown on the • construction plans, loop detectors, and testing, necessary to install complete and in full operation • the traffic signal as specified, and no additional compensation shall be made. • CONTROL OF TRAFFIC AND DETOURS • • Control of traffic shall conform to the requirements in Subsection 7-10, "Public Convenience and • Safety", of the Standard Specifications, Section 13 of the Special Provisions, and the stipulations set forth in this article. • • The Contractor shall provide and maintain all signs, barricades, flashers, delineators, and other • necessary facilities for the protection of the motoring public, pedestrian (general and/or school related), equestrian, and bicycle traffic in accordance with the design engineer's plans and/or any • requirements as deemed necessary by the City within the limits of the construction area. He shall • also post proper signs to notify the public regarding detours and conditions of the roadway, all in • • • DS-5 • • accordance with the provisions of the Vehicle Code and the current State of California Department of Transportation "Manual of Warning Signs, Lights, and Devices for Use in Performance of Work • Upon Highways" and the "Manual on Uniform Traffic Control Devices" California Supplement. Portable delineators shall be spaced as necessary for proper delineation of the travel way. The maximum spacing between delineators in a taper should be approximately equal in feet to the • speed limit, except that the maximum spacing shall not exceed 50 feet. • When used for lane closures, the fluorescent traffic cones or portable delineators shall be placed • at intervals not to exceed the following: Edge of closed lane • On Tangent 100 feet • On Curves 75 feet • If the traffic cones or portable delineators are damaged, or are not in an upright position, from any • cause, said cones or portable delineators shall immediately be replaced or restored to their • original location, in an upright position, by the Contractor. • The Contractor shall furnish such flagmen as are necessary to give adequate warning to traffic or • to the public of any dangerous conditions to be encountered. Flagmen, while on duty are assigned to give warning to the public that the highway is under construction and of any • dangerous conditions to be encountered as a result thereof and shall perform their duties and • shall be provided with the necessary equipment in accordance with the current "Instructions to • Flagmen" of the Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor, at his expense. • • Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as above provided, the Engineer may direct attention to the existence of a hazard, and • the necessary warning and protective measures shall be furnished and installed by the • Contractor, at his expense. Should the Engineer point out the inadequacy of warning and • protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish and pay for these devices. • • The Contractor shall conduct his operations so as to provide reasonable access to the adjacent • properties and have no greater length or quantity of work under construction than he can properly prosecute with a minimum of inconvenience to the public and other contractors engaged on • adjacent or related work. • When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether • empty or loaded, shall in all cases yield to public traffic. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at his expense. • • All existing stop signs and street signs shall be maintained in visible locations during construction • and permanently relocated or removed as directed by the Engineer. Signs that need not be maintained during construction or permanently relocated shall be removed or salvaged as • determined by the Engineer. • • • • DS-6 • • When closing lane(s) on arterial highways, the Contractor shall use mobile flasher arrow boards. • PAYMENT The cost for this item shall be included in the lump sum for traffic signal modification and no additional compensation shall be made. • • STREET NAME SIGNS • All street name sign assemblies shall be approved by the Office of Structures and shall be • manufactured in accordance with the following requirements or their equivalent (as approved by • the Engineer). • All items shall be new with the material and workmanship of the best quality for the purpose. • REFLECTIVE SHEETING MATERIAL • • Reflective sheeting material shall be 3M Diamond Grade (prismatic lens sheeting) for high • mounted signs. • BACKGROUND The background shall be reflective 3M transparent process ink No. 887 (brown). • BASE METAL • The base metal substrate shall be new sheet aluminum 3003-H14 or 5052-H32. The thickness of • all aluminum shall be .050 inches. The materials shall be subject to inspection prior to degreasing • and chromate conversion coating operations. Alloy and temper designations shall be verified by • mill test certifications. • All sign panel edges shall be shear-trimmed or roll-slit to produce neat edges and square corners. • Sign panel edges shall be straight within 1/32 inch from the straight plane. Edge delamination or incomplete coverage of the base metal substrate up to and coincident with the cut edge of the • sign panel shall be sufficient basis for rejection of the entire sign panel. For pretreatment, all treatment tanks and/or spray-applied systems must be performed on the sign manufacturer's premises to ensure proper adhesion of reflective sheeting materials. If • pretreatment is performed by immersion methods, the tanks must be sufficient size to • accommodate the compete panel. Titration equipment shall be available for inspectors to check the solution strengths. The cleaned and coated base metal shall be handled only by a mechanical • device or by operators wearing clean cotton or rubber gloves. After cleaning and coating • operations, the panels shall be protected at all times from contact or exposure to grease, oils, • dust, or other contaminates. • The front and back surfaces of the aluminum base metal shall be cleaned, deoxidized, and coated • with a light, tightly adherent chromate conversion coating, free of any powdery residue. The base metal pretreatment process shall be in conformance with Section 5, "Recommended Processing • Methods" of ASTM Designation 8-449. The coating weight shall be (30-100 mg./sq. ft.), A Class • 1 coating. • • • • DS-7 • • • • • SIGN MESSAGE • Sign manufacturer shall fumish a design for each sign, to the City, for written approval prior to the • manufacture of any sign, including but not limited to): • • Letter Size: 8-inch upper case Series C • 6-inch upper case Series C Styles: Mission Series • • Arrows: Border: • 1-inch • • Block Numbers: 3-inch Series C • • Directories (i.e., City Hall, Post Office, etc.): 4-inch upper case Series C • 3-inch upper case Series C • • "NO OUTLET": 3-inch upper case Series C • • or as deemed necessary by the City. • The sign manufacturer has the option of applied or reverse/direct silk screened. • • SIGN FRAME AND PANEL CONSTRUCTION • The frame shall be aluminum channel extrusion, 1.25 inches x 1.25 inches x .125-inch thickness, • alloy 6063-T5. All joints of the aluminum channel shall be meter cut to form a 45-degree angle at • each corner. The frame shall be welded with an inert gas shielded arc welding process using 4043 electrode filler wire in accordance with good shop practices. The width of the filler wire shall • be equal to the wall thickness of the channel being welded. • The top of the frame will have two 2-inch x 2-inch x .250-inch wall thickness channel members • welded and fastened to the frame with stainless steel bolt, washer, ny-lock nuts and cotter pins. • An adjustable swing assembly will be attached to these members. • A sign panel shall be fastened to both sides of the channel frame to make a double-faced unit. • Each sign panel must be a continuous sheet with no vertical or horizontal splices to make up one • panel. • The sign panels shall be affixed to the frame with 3/16-inch diameter blind pop rivets alloy 5052. • They must be aluminum approved. The exposed face of the rivet shall be of similar shade and • compatible with the face color of the finished sign. The rivets shall be placed through the face of • • • DS-8 • • • • the sign with the wall of the channel placed against the back of the sign panel. Rivets shall be placed no closer than 1/2 inch from the edge of the sign panel and a minimum of 8 inches apart • from one another. All rivets must penetrate the web of the channel frame for proper grip strength • between sign panel and frame. • The swing hinge is attached to the 2-inch x 2-inch channel member with a 1/4-inch stainless steel • bolt and bronze bushing, then secured with a ny-lock nut. • MOUNTING ASSEMBLIES • • The top of the sign frame shall have two free swinging mounting brackets. They shall be of all • aluminum, bronze, or stainless steel parts. Each of the swing brackets shall be adjustable vertically for leveling the sign. The bracket assembly shall permit the full assembly to swing • perpendicular to the support hardware. • The hardware used to attach the sign and swing assembly to the mast arm shall be a three-piece • telescoping design. Its minimum adjustable range shall be from at least (but no greater than) 12 • inches to at least (but not less than) 28 inches, on a maximum of 1-inch increments (without • additional adapters required). Each inside tube shall fit firmly within the outer and slide smoothly. Safety tabs shall be located on the ends of each tube so as to not allow the tubes to completely • separate from each other during shipping or installation. Tubing design shall be of a design and • made of materials to meet any and all structural standards (to provide a life expectancy of 50 • years under worst case weather conditions) determined by the State of California for the construction of traffic signals and their appurtenances. • • When the installation of the assembly to the mast arm is complete, the assembly should swing freely 90 degrees in both directions (when moved by the installer) without any binding or • hindrance felt so that the assembly will move freely under normal weather conditions. FINISHED SIGNS • The finished sign shall be flat within a ratio of 0.04 inches per linear foot when measured across • the plane of each panel from opposite comers or at any location on the panel. All finished signs shall have a smooth flat surface without defects or objectionable marks of any kind on either the • front or the back faces. All letters and designs shall be clearly cut and sharply defined. The appearance of the sign face shall be uniform throughout and shall be free of wrinkles, gel, hand spots, streaks, extrusion marks, air bubbles, or blemishes that may impair the serviceability • or detract from the general appearance or color matching of the sign when viewed from a distance • of twenty-five (25)feet. • The finished sign shall be clean and free from all burrs, sharp edges, loose rivets and aluminum • marks. • INSPECTION • • The sign manufacturer shall maintain and, on request, provide the City with records of any and all • testing and their results and coating process, including (but not limited to) alloy verification, pretreatment, adhesive identification; and processing temperatures for each production lot. • • • • DS-9 • • INSTALLATION • Installation of each sign assembly shall be per the sign manufacturer's specifications and all • Caltrans standards. Any deviations (without prior written approval by the Engineer) shall be cause • for rejection. • PACKAGING • Packaging must be in accordance with the sheeting manufacturer's specifications. All signs shall • be packaged in such a manner to ensure delivery in perfect condition and shall be suitably protected for proper shipment and storage until installation of the assembly. • ACCEPTANCE • • Signs with any defects or damage that affects their appearance and/or serviceability in accordance with any standard above will not be accepted by the City. Any replacement shall be • installed prior to acceptance of the project by the City. PAYMENT • The cost for this item shall be included in the lump sum for traffic signal modification and no • additional compensation shall be made. • • BID ITEM 2 -OFF-STREET STORAGE OF EQUIPMENT AND MATERIALS • The work for this item shall consist of complying with the modified requirements of Section 7- 10.2, Storage of Equipment and Materials in Public Streets, in the contract Special Provisions. PAYMENT The lump sum price for this item shall include all labor, materials, tools and equipment • necessary to carry out the work as specified and no additional compensation shall be made • therefor. BID ITEM 3 - COMPLIANCE WITH NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM REQUIREMENTS • • The contractor shall allow in his bid under this item all costs incurred to accomplish compliance • with the National Pollutant Discharge Elimination System requirements. • PAYMENT Payment for compliance with the National Pollutant Discharge Elimination System • Requirements shall be considered full compensation for furnishing all labor, materials, and incidentals for accomplishing the work as specified herein and no additional compensation shall • be allowed therefore. • • • • • • • DS-10 • • • • • • C5 • 'k� •9. City of San Juan Capistrano V 1776 n 196] Q • 1776 ' • •cf41FORN1e • FP-3 • ROADS, STREETS, AND • HIGHWAYS OPERATION AND • MAINTENANCE • • Streets, roads, and highways are significant sources of pollutants in storm water • discharges, and operation and maintenance (O&M) practices, if not conducted properly, can contribute to the problem. The attached BMPs are recommended to be • used on an as needed and on a case by case basis. Some BMP might not apply in • certain situations and will not be used. The provided BMPs are potential measures that could be used, individually or collectively, as the situation requires, and as determined • by staff. O&M practices may involve one or more of the following activities: 1. Sweeping &Cleaning 2. Street Repair& Maintenance • 3. Bridge and Structure Maintenance • • Streets, roads, and highways are significant sources of pollutants in storm water • discharges, and operation and maintenance(O&M) practices, if not conducted properly, can contribute to the problem. O&M practices may involve one or more of the • following activities: • Pollution prevention measures that should be consider and the minimum required and • optional model procedures for each performance standard are provided below. • POLLUTION PREVENTION: • • Pollution prevention measures have been considered and incorporated in the model procedures. Implementation of • these measures may be more effective and reduce or eliminate the need to implement other more complicated or costly procedures. Possible pollution prevention measure for roads,streets,and highways operation and • maintenance include: • Use the least toxic materials available(e.g.water based paints,gels or sprays for graffiti removal) • • Recycle paint and other materials whenever possible. • Once per year, educate municipal staff on pollution prevention measures. • • SJC FP-3 Roads Streets and Highways OM.doc 1 2/13/03 • • • • • • SJC FP-3 i • MODEL PROCEDURES: • 1. Sweeping & Cleaning • i Sweeping Frequency and ✓Maintain a consistent sweeping schedule. Provide minimum monthly sweeping • Timing of streets. i ✓ Perform street cleaning during dry weather if possible. • ✓Avoid wet cleaning or flushing of streets,and utilize dry methods where possible. • ✓ If flushing of a street is absolutely necessary,sweep and remove debris before • flushing. Do not let wash water enter storm drain inlets. Collect wash water and direct to a dirt or vegetated area,pump into a vacuum truck and dispose of • properly. • i Equipment Operation and ✓Maintain cleaning equipment in good working condition and purchase • Selection replacement equipment as needed. Old sweepers should be replaced as i needed with new technologically advanced sweepers(preferably regenerative air ->Note:Permission sweepers)that maximize pollutant removal. • must be obtained for ✓Operate sweepers at manufacturer requested optimal speed levels to increase • any discharge of effectiveness. • wash water to the ✓Runoff from sweeper wash rack cannot drain direct) sanitary sewer from P y to the storm drain i the local sewering ✓ Clean sweepers at a wash rack that drains to the sanitary sewer. The wash rack i agency. area should be covered and bermed and wash water should drain to a clarifier prior to entering the sanitary sewer,or use other acceptable BMPs as • appropriate to prevent wash water from draining into the storm drain • ✓Regularly inspect vehicles and equipment for leaks,and repair immediately. • • Management of Material ✓Dispose of street sweeping debris and dirt at a landfill. • Removed by Sweeping ✓ Do not store swept material along the side of the street or near a storm drain i inlet. i 4 Note:Permission ✓If dewatering of saturated materials is necessary it should be conducted in a • must be obtained for designated area away from storm drain inlets and the water contained for proper any discharge of disposal. i wash water to the sanitary sewer from ✓If authorized by the local sanitation agency,water may be discharged to the • the local sewering sanitary sewer only after passing through a clarifier. As an alternative, • agency. dewatering can be conducted in a containment area in which saturated materials • are placed on a tarp and allowed to dry. Dry debris is then disposed of properly. • ✓ Keep debris storage to a minimum during the wet season or make sure debris piles are contained(e.g. by berming the area)or covered(e.g.with tarps or • permanent covers). • • i SJC FP-3 Roads Streets and Highways 0M.doc 2 2/13/03 • • • • • • SJC FP-3 • • Maximize Access for ✓ Properly maintain and operate equipment;which will increase efficiency. • Sweepers ✓Sweeping should be conducted as close to the curb line as possible. • • 2. Repair and Maintenance Pavement Marking ✓Develop paint handling procedures for proper use,storage,and disposal of paints. • ✓Transfer and load paint and hot thermoplastic away from storm drain inlets. • ✓Street or hand sweep thermoplastic grindings. Yellow thermoplastic • grindings may require special handling as they may contain lead. • ✓Replace paints containing lead and tributyltin with less toxic alternatives. • ✓ Use water based paints. Clean application equipment in a sink that is • connected to the sanitary sewer. • ✓Properly store leftover paints if they are to be kept for the next job, or dispose of properly. • ✓See Spill Control procedure sheet for guidance on the proper cleanup of • paint spills. • • Concrete Installation and ✓Avoid mixing excess amounts of fresh concrete or cement mortar on-site. • Repair Only mix what is needed for the job. • ✓Wash concrete trucks off site or in designated areas on site,such that there • is no discharge of concrete wash water into storm drain inlets,open ditches, streets,or other stormwater conveyance structures. ✓Store concrete materials under cover,away from drainage areas. ✓Return leftover materials to the transit mixer, Dispose of small amounts of • hardened excess concrete,grout,and mortar in the trash. • ✓Do not wash sweepings from exposed aggregate concrete into the street or • storm drain. Collect and return sweepings to aggregate base stockpile,or • dispose in the trash. ✓When washing poured concrete areas to remove fine particles and expose • the aggregate, contain the wash water for proper disposal;do not discharge • water to the storm drain system. • ✓ Do not allow excess concrete to be dumped on-site,except in designated • areas. • ✓Apply concrete,asphalt,and seal coat during dry weather to allow the material to adequately dry prior to a rain event. • ✓When making saw cuts in pavement,use as little water as possible and • perform during dry weather. Cover each nearby or appropriate storm drain • inlet completely with filter fabric or plastic during the sawing operation and • • SJC FP-3 Roads Streets and Highways OM.doc 3 2113103 • • • • • • SJC FP-3 • • contain the slurry by placing straw bales,sandbags, or gravel dams around the inlets. After the liquid drains or evaporates,shovel or vacuum the slurry • residue from the pavement or gutter and remove from site. Alternatively,a • small on-site vacuum may be used to pick up the slurry as this will prohibit slurry from reaching storm drain inlets. • • Patching, Resurfacing, ✓ Pre-heat,transfer or load hot bituminous material away from storm drain • and Surface Sealing inlets. • ✓Apply concrete,asphalt,and seal coat during dry weather to allow the • material to adequately dry prior to a rain event. • ✓Where applicable,cover and seal each nearby or appropriate storm drain inlet(with waterproof material, plastic or mesh)and maintenance holes • before applying seal coat,slurry seal,etc. Leave covers in place until job is • complete and until all water from emulsified oil sealants has drained or evaporated. Clean any debris from covered man holes and storm drain • inlets when the job is complete. • ✓Use only as much water as necessary for dust control,to avoid runoff. • ✓Catch drips from paving equipment that is not in use with pans or absorbent • material placed under the machines. Dispose of collected material and absorbents property. • ✓ Prior to a rain event or at the completion of a project, sweep the project area • by hand or with a street sweeper. •• Equipment Cleaning, ✓ Clean equipment including sprayers,sprayer paint supply lines, patch and Maintenance, and Storage paving equipment,and mudjacking equipment at the end of each day. If • equipment can be cleaned and materials reapplied at the job site,do so in Also see Equipment Repair& compliance with the laws and regulations.Clean in a sink or other area(e.g. • Maintenance procedure sheet. vehicle wash area)that is connected to the sanitary sewer. • ✓ If refueling or repairing vehicles and equipment must be done on-site, • conduct the activity away from storm drain inlets and watercourses. • -)Note:Permission ✓ Place drip pans or absorbent materials under heavy equipment when not in must be obtained for P P vY • any discharge of use. • wash water to the ✓Clean paint brushes and tools covered with water-based paints in sinks sanitary sewer from• the local sewedng connected to sanitary sewers.Brushes and tools covered with non-water- agency. based paints,finishes,or other materials must be cleaned in a manner that • enables collection of used solvents(e.g., paint thinner,turpentine, etc.)for recycling or proper disposal. • • • • • • • • SJC FP-3 Roads Streets and Highways OM.doc 4 2/13/03 • • • • • • SJC FP-3 • • 4 In addition to the procedures above, review and apply general procedures outlined for Minor Construction • activities when conducting street,road,and highway repair and maintenance activities. • • 3. Bridge and Structure Maintenance • Painting and Paint ✓Transport paint and materials to and from job sites in containers with secure • Removal lids and tied down to the transport vehicle. • ✓Do not transfer or load paint near storm drain inlets or watercourses. • ✓Test and inspect spray equipment prior to starting to paint. Tighten all hoses • and connections and do not overfill paint container. • ✓If sand blasting is used to remove paint,cover nearby storm drain inlets prior to starting work. ✓If the bridge crosses a watercourse,perform work on a maintenance traveler • or platform, or use suspended netting or tarps to capture paint, rust,paint • removing agents, or other materials,to prevent discharge of materials to surface waters. If sanding, use a sander with a vacuum filter bag. • ✓ Recycle paint when possible(e.g. paint may be used for graffiti removal • activities). Dispose of paint at an appropriate household hazardous waste • facility. • ✓See Spill Control procedure sheet for guidance on the proper cleanup of • paint spills. • • Graffiti Removal ✓Avoid graffiti abatement activities during rain events. • ✓Protect nearby storm drain inlets prior to removing graffiti from walls, signs, • sidewalks,or other structures needing graffiti abatement. Clean up afterwards by sweeping or vacuuming thoroughly,and/or by using absorbent • and properly disposing of the absorbent. • ✓ Note that care should be taken when disposing of waste since it may need • to be disposed of as hazardous waste. • ✓When graffiti is removed by painting over,implement the procedures under Painting and Paint Removal above. ✓Direct runoff from sand blasting and high pressure washing(with no cleaning • agents)into a landscaped or dirt area. • ✓If a graffiti abatement method generates wash water containing a cleaning compound (such as high pressure washing with a cleaning compound),plug • nearby storm drains and collect wash water and dispose of property. • • • • SJC FP-3 Roads Streets and Highways OM.doc 5 2/13/03 • • • • • • • SJC FP-3 • • Guardrail and Fence ✓When cleaning guardrails or fences follow the appropriate surface cleaning • Repair methods(depending on the type of surface)outlined in the Sidewalk,Plaza, and Fountain Maintenance and Cleaning procedure sheet. • ✓If painting is conducted,follow the Painting and Paint Removal procedures • above. • ✓ If graffiti removal is conducted,follow the Graffdi Removal procedures • above. • ✓If construction takes place,see the procedure sheet for Minor Construction. • ✓ Recycle materials whenever possible. • • LIMITATIONS: • Limitations related to street sweeping may include high equipment costs,the potential inability to restrict parking in • urban areas,the need for sweeper operator training,the inability of current sweeper technology to remove oil and • grease, and the lack of scientific evidence regarding the expected levels of pollutant removal. • REFERENCES: • Model Urban Runoff Program:A How-To Guide for Developing Urban Runoff Programs for Small Municipalities. • Prepared by City of Monterey, City of Santa Cruz, California Coastal Commission, Monterey Bay National Marine • Sanctuary,Association of Monterey Bay Area Governments, Woodward-Clyde, Central Coast Regional Water Quality • Control Board. July. 1998. • Oregon Association of Clean Water Agencies. Oregon Municipal Stormwater Toolbox for Maintenance Practices. June 1998. • Santa Clara Valley Urban Runoff Pollution Prevention Program. 1997 Urban Runoff Management Plan. September 1997, updated October 2000. • • • • • • • • • • • • • • • SJC FP-3 Roads Streets and Highways OM.doc 6 2/13103 • • • Sec. 6-3.08.01. Minimum construction and demolition debris diversion requirements. Page I of 1 Remove highlighting, TITLE 6. SANITATION AND HEALTH CHAPTER 3. SOLID WASTE* Sec. 6-3.08.01. Minimum construction and demolition debris diversion requirements. • Every demolition, remodeling and construction project subject to this chapter shall recycle, reuse or divert from the landfills or disposal sites the following minimum amounts of designated • recyclable and reusable materials in the following percentages based upon the waste tonnage of construction or demolition debris involved in the construction, remodeling or demolition project: (i)Demolition. Fifty (50) percent of waste tonnage of construction and demolition debris • including concrete and asphalt, and fifteen (15) percent of waste tonnage of construction or demolition debris excluding concrete and asphalt. (ii) Re-roofing of Homes with Shingles, Shakes or Tiles as a Separate Project. Fifty (50) percent • of waste tonnage of construction or demolition debris. • (iii) Construction and Remodeling. Fifty (50) percent of waste tonnage of construction or demolition debris. Separate calculations and reports will be required for the demolition and for the construction • portion of projects involving both demolition and construction. (§ 3, Ord. 887) http://municipalcodes.lexisnexis.com/cgi-bin/hilite.pl/codes/sanjuancap/_DATA/TITLE06/... 9/13/2005 Sec. 6-3.08.02. Condition precedent to issuance of building or demolition permit. Page 1 of 1 Remove highlighting. TITLE 6, SANITATION AND HEALTH CHAPTER 3. SOLID WASTE" Sec. 6-3.08.02. Condition precedent to issuance of building or demolition permit. • Prior to the issuance of any building or demolition permit, every applicant shall submit to the Solid Waste Coordinator of the City a properly completed 'Recycling and Waste Reduction Form," on a form as prescribed by the Solid Waste Coordinator. The form shall contain an accurate estimate of the tonnage or other specified units of construction and demolition debris to be generated from the construction, demolition or remodeling project. An applicant shall not be issued a building or demolition permit until the Solid Waste Coordinator accepts the Recycling • and Waste Reduction Form as complete and accurate. (§ 3, Ord. 887) http://municipalcodes.lexisnexis.com/cgi-bin/hilite.pl/codes/sanjuancap/_DATA/TITLE06/... 9/13/2005 • • • • PAVING AND GRINDING OPERATIONS NS-3 1 • • Objectives Erosion Control-EC • 17 Sediment Control-SE • I- Tracking Control- TC r- Wind Erosion Control- WE • l7v Non-Storm Water Management-NS 17- Waste and Materials Management-WM• Legend • DESCRIPTION AND PURPOSE Removal Effectiveness • Prevent or reduce the discharge of pollutants from paving operations, using G Unknown 0 Low • measures to prevent run-on and runoff pollution, properly disposing of Q Medium 0 High wastes,and training employees and subcontractors. Targeted Constituents • APPROPRIATE APPLICATIONS 0 Sediment 0 Nutrients • These procedures are implemented where paving, surfacing,resurfacing,or () Trash sawcutting,may pollute storm water runoff or discharge to the storm drain 0 Metals • system or watercourses. 0 Bacteria • 0 Oil and Grease LIMITATIONS 0 Organics • . Finer solids are not effectively removed by filtration systems. • . Paving opportunities may be limited during wet weather. Potential Alternatives • Click here to enter text • IMPLEMENTATION General • Avoid paving during wet weather. • Store materials away from drainage courses to prevent storm water • run-on(see WM-1,Material Delivery and Storage). • Protect drainage courses,particularly in areas with a grade,by • employing BMPs to divert runoff or trap/filter sediment. • Leaks and spills from paving equipment can contain toxic levels of • heavy metals and oil and grease. Place drip pans or absorbent materials under paving equipment when not in use. Clean up spills • with absorbent materials rather than burying. See NS-10, Vehicle and • Equipment Maintenance,WM-4,Spill Prevention and Control,and • WM-10, Liquid Waste Management. • Shovel or vacuum saw-cut slurry and remove from site. Cover or barricade storm drains during saw cutting to contain slurry. • • CONSTRUCTION HANDBOOK OCTOBER 2002 1 OF • • • • NS-3 PAVING AND GRINDING OPERATIONS M7NN• If paving involves asphaltic cement concrete,follow these steps: • - Do not allow sand or gravel placed over new asphalt to wash into storm drains,streets, or • creeks by sweeping. Properly dispose of this waste by referring to WM-5,Solid Waste • Management. • - Old Asphalt must be disposed of properly. Collect and remove all broken asphalt from the • site and recycle whenever possible. • - If paving involves on-site mixing plant,follow the storm water permitting requirements for industrial activities. • Train employees and subcontractors. • Substances used to coat asphalt transport trucks and asphalt trucks and asphalt spreading equipment should not contain soap and should be non-foaming and non-toxic. • When paving involves asphaltic concrete (AC),the following steps should be implemented to • prevent the discharge of grinding residue, uncompacted or loose AC,tack coats,equipment • cleaners, or unrelated paving materials: • - Minimize sand and gravel from new asphalt from getting into storm drains,streets,and • creeks by sweeping. • - Old or spilled asphalt must be recycled or disposed. • - AC grindings,pieces,or chunks used in embankments or shoulder backing must not be allowed to enter any storm drains or watercourses. Install silt fence until structure is • stabilized or permanent controls are in place. Examples of temporary perimeter controls can • be found in EC-9,Earth Dikes/Drainage Swales and Lined Ditches;SE-1,Silt Fence;or SE-5, • Fiber Rolls. • - Collect and remove all broken asphalt and recycle when practical. • - Any AC chunks and pieces used in embankments must be placed above the water table and covered by at least 1 ft of material. - During chip seal application and sweeping operations,petroleum or petroleum covered aggregate must not be allowed to enter any storm drain or water courses. Apply temporary • perimeter controls until structure is stabilized. • - Use only non-toxic substances to coat asphalt transport trucks and asphalt spreading • equipment. • • Drainage inlet structures and manholes should be covered with filter fabric during application of • seal coat, tack coat,slurry seal,and/or fog seal. • • Seal coat, tack coat,slurry seal, or fog seal should not be applied if rainfall is predicted to occur during the application or curing period. • • Paving equipment parked onsite should be parked over plastic to prevent soil contamination. • Clean asphalt coated equipment off-site whenever possible. When cleaning dry,hardened • asphalt from equipment,manage hardened asphalt debris as described in WM-5,Solid Waste • Management. Any cleaning on site should follow NS-8,Vehicle and Equipment Cleaning. • Do not wash sweepings from exposed aggregate concrete into a storm drain system. Collect and • return to aggregate base stockpile, or dispose of properly. • • 2 OF 4 OCTOBER 2002 CONSTRUCTION HANDBOOK • • • • • • PAVING AND GRINDING OPERATIONS NS-3 • Allow aggregate rinse to settle. Then,either allow rinse water to dry in a temporary pit as • described in WM-8, Concrete Waste Management, or pump the water to the sanitary sewer if • allowed by the local wastewater authority. • Do not allow saw-cut Portland Concrete Cement(PCC) slurry to enter storm drains or • watercourses. Residue from grinding operations should be picked up by means of a vacuum attachment to the grinding machine,should not be allowed to flow across the pavement,and • should not be left on the surface of the pavement. See also WM-8,Concrete Waste Management, • and WM-10, Liquid Waste Management. • Pavement Grinding or Removal • Collect dig out material by mechanical or manual methods.This material may be recycled for use as shoulder backing or base material. • If dig out material cannot by recycled, transport the material back to an approved storage site. • Dig out activities should not be conducted in the rain. • Stockpile material removed from roadways away from drain inlets, drainage ditches,and • watercourses and should be stored consistent with WM-3,Stockpile Management. • Disposal of PCC and AC waste should be in conformance with WM-8,Concrete Waste • Management. • Thermoplastic Striping • • All thermoplastic striper and pre-heater equipment shutoff valves should be inspected to ensure that they are working properly to prevent leaking thermoplastic from entering drain inlets,the • storm water drainage system,or watercourses. • • The pre-heater should be filled carefully to prevent splashing or spilling of hot thermoplastic. • Leave six inches of space at the top of the pre-heater container when filling thermoplastic to allow • room for material to move when the vehicle is deadheaded. • Contractor should not pre-heat, transfer,or load thermoplastic near drain inlets or watercourses. • Clean truck beds daily of loose debris and melted thermoplastic. When possible recycle thermoplastic material. • Raise"ecessed Pavement Marker Application and Removal • Do not transfer or load bituminous material near drain inlets, the storm water drainage system or • watercourses. • Melting tanks should be loaded with care and not filled to beyond six inches from the top to leave • room for splashing when vehicle is deadheaded. • When servicing or filling melting tanks, ensure all pressure is released before removing lids to avoid spills. • On large-scale projects,use mechanical or manual methods to collect excess bituminous material • from the roadway after removal of markers. • COSTS • All of the above are low cost measures. • INSPECTION AND MAINTENANCE • • Inspect employees and subcontractors to ensure that measures are being followed. • Keep ample supplies of drip pans or absorbent materials on-site. • CONSTRUCTION HANDBOOK OCTOBER 2002 30F4 • • • • • • NS-3 PAVING AND GRINDING OPERATIONS • Inspect and maintain machinery regularly to minimize leaks and drips. • • REFERENCES • Blue Print for a Clean Bay-Construction-Related Industries: Best Management Practices for Storm Water Pollution Prevention;Santa Clara Valley Non Point Source Pollution Control Program, 1992. Hot Mix Asphalt-Paving Handbook,U.S. Army Corps of Engineers,AC 150/5370-14,Appendix I,July 1991. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 4 OF 4 OCTOBER 2002 CONSTRUCTION HANDBOOK • •