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1992-0421_LOS ANGELES ENGINEERING, INC_ContractRI�CORDED AT REQUEST OF AND RETURN TO: Titles City Clerk, City of San Juan Capistrano 93-022843 I ^? 32400 Paseo Adelanto A� . San Juan Capistrano, CA 92675 P9C�$ RECORDING FEES EXEMPT DUE TO RECORDED IN OFFICIAL RECORDS Lien Nt OF ORANGE COUNTY, CALIFORNIA G VERNMENT CODE SECTION 6103 12:00 (T � P.M. JAN 12 1993 I UIhe, t Cheryl 3offffsonpCity Clerk .Fees $ City of San Juan Capistrano, California 0a Q.Recorder -v-1-- NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contact was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Los Angeles Engineering, P. O. Box 1606, Baldwin Park, CA 91706, for the performance of the following work: Rehabilitation of Silver Creek Drive at its intersection with Horno Creek; and, Construction of Drainage Improvements from Mission Street to Ramos Street across Assessor Parcel Nos. 121-142-1 and 121-142-7 That said work was completed on December 7, 1992 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, as owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 5th day of January, 1993, by Resolution No. 93-1-5-1 That upon said contract, Transcontinental Insurance company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 7th day of January , 1993. Cheryl Johnsbb, CP Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano, California, this 7th day of January , 1993. Cheryl Johnso,-CXy Clerk City of San Juan Capistrano 0 0 CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and Los Angeles Engineering, 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 which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard_ Specifications for Public Works Constructions 1991 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council 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 Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street 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. -14- 0 0 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 impracticable and extremely difficult to fix the actual amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) per calendar 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 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 offices 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 -15- 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. 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. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or 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 Lessor, 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 construction agreement. 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 dollars ($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 -16- STATE OF CALIFORNIA ss. COUNTY OF LLS fl'ti1L n , On this day of In the year 1922. before me, the undersigned, a Notary Public in and for said State, personally appeared A nlhu, -) 'k�i/2et�rl' and OFFICIAL SEAL , personally known to me RAMON C. ARTEAGA (or proved to me on the basis of satisfactory evidence) to be the persons who executed the licPuELES COUNTY within Instrument as `-�' President and �� Secretary, ',tom Wf MIGELES COUNTY My Apol 2CMf 2Won Expires respectively, of the Corporation therein ndined, and acknowledged to me that the Corporation 9, 1994 executed it pursuant to Its by-laws or a resolution of Its board of directors. WITNESS my hand and official al ACNNOMEDGMENT—Cay —Pres 6 SK —Walcolts form 222CA—R0 11 SJ Ins WOLCOTTB. INC W-ce c4ss Sol Notary Public in and for said State. 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 Council action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN CAPISTRANO DATED: 4/21/q2 AYOR GIL JONES BY: CONTRACk)"- TOW Atic un o ge��N PrL�s, Lo"s � eae� re.?�n r�nnu `hr ATTEST: Uieryl Johns , CS APPROVED AS TO FORM: al t' -fiIJA City Attorney q _ Z/ _ SfZ `P -O 3oyc lbUby {IdW�r��a�rk�Cll L'il'10l0 -17- MEMORANDUM February 25, 1993` r TO: Cindy Pendleton, Interim Director, Administrative Services FROM: Brian Perry, Senior Civil Engineer SUBJECT: Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements, Mission Street to Ramos Street - Standard Concrete Products Stop Notice Attached is a letter from Los Angeles Engineering, Inc. regarding the $3,500 I requested to be held from their retention in my memo dated January 27, 1993, also attached. In accordance with the letter, you may now release the $3,500 in the form of a joint check, payable to Los Angeles Engineering, Inc. and Standard Concrete. The check should be held and released to Standard Concrete in exchange for a Stop Notice Release and notarized Unconditional Full and Final Release, both signed by Don Doty of Standard Concrete. BP:ssg V3 attachments cc: William M, Huber Cheryl Johnson Bonnie Shires �NOIN��AINO LOS ANGELES ENGINEERING, INC. General Engineering Contractor License No. 591176-A February 2.3, 1993 City of San Juan Capistrano 32400 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTN: Mr. Brian Perry RE: Silver Creek Drive Improvements at Horno Creek SUBJECT: Stop Notice - Standard Concrete Dear Brian: We wish to request our final retention payment payable in a joint check to Los Angeles Engineering, Inc. and Standard Concrete. When it is convenient for you, Standard Concrete will bring you a Stop Notice Release and a Notorized Unconditional Full and Final Release, both signed by Don Dotyof Standard Concrete in exchange for this joint check. I am President of Los Angeles Engineering, Inc. and I am fully authorized to make this request on behalf of Los Angeles Engineer- ing. We apologize for this tions, please call. Si cerely, k� gus O'Brien President inconvenience. If you have any further ques- P.O. Box 1606 • Baldwin Park, California 91706 • (818) 969-0456 fax: (818) 812-9343 MEMORANDUM P January 27, 1993 TO: Cindy Pendleton, Interim Director, Administrative Services FROM: �6rian Perry, Senior Civil Engineer SUBJECT: Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street - Standard Concrete Products Stop Notice The City has received a Stop Notice on the above subject contract from Standard Concrete Products in the amount of $3,153.63. Please reduce the retention payment by $3,500 to cover this Notice and associated costs. BP:ssg Qr cc: William M. Huber Cheryl Johnson Bonnie Shires 0 Stop Notice 6 7� CALIFORNIA CIVIL CODE SECTION 3103 66(J -JC/ NOTICE TO CITY OF SAN JUAN CAPISTRANO ATTN: CINDY PENDLETON (Name of Construction Lender, Public Body or Owner) 32400 PASEO ADELANTOr SAN JUAN CAPISTRANO, CA. 92675 (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: LOS ANGELES ENGINEERING Sub Contractor (If Any) LOS ANGELES ENGINEERING Owner or Public Body Improvement known as °SILVER CREEK DR. REHABILITATION AT HORNO CREEK & (Name and address of project or work of improvement) DRAINAGE IMPROVEMENTS" MISSION STREET TO RAMOS STREET in the City of SAN JUAN CAPISTRANO County of ORANGE State of California. STANDARD CONCRETE PRODUCTS CORPORATION Claimant, a (Claimant) (Corporation/Partnership/Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. T name of the person or company byLOSq ANGELES as enloy d or to whom claimant furnished labor, s< :ice, equipment, or materials is (Name of Subcontractor/Contractor/Owner-Builder) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was READY–MIX CONCRETE (Describe in detail) Total value of labor, service, equipment, or materials agreed to be furnished ..... , . $ 3,153.63 Total value of labor, service, equipment, or materials actually furnished is .......... $ 3,153.63 Credit for materials returned, if any ............................................. $ 0.00 Amount paid on account, if any ................................................. $ 0.00 Amount due after deducting all just credits and offsets ............................ $ 3,153.63 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 3,153. 63 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) IS NOT attached. (Bond required with Stop (is/is not) Notice served on construction lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date JANUARY 18, 1993 Name of Claimant STANDARD CONCRETE PRODUCTS (Fi me) By 7 I Signature) G. ALESSI, CREDIT MANAGER (Officio! Capacity) VERIFICATION I, the undersigned, state: I am the AGENT OF ("Agent of "President of "A Partner of", "Owner of", etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on JANUARY 18,_,, 9 93 at SANTA ANA State of CALIFORNIA �1a6p3��� n�> 1 � d`; `" 'h (Si nature ofk9aimant or Authorized Agent) ��LDYi11��/�IICi a1CA FORM 4 ARE /8 0 CONSENT CALENDAR It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None 1. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF DECEMBER 15,199 The Minutes of the Regular Meeting of December 15, 1992, were approved as submitted. 2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES - REGULAR MEETING OF DECEMBER 15. 1992 The Minutes of the Regular Meeting of December 15, 1992, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF DECEMBER 23. 1992 (300.30) The List of Demands dated December 23, 1992, in the total amount of $1,378,621.76 was received and filed. 4. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated January 5, 1993, from the Director of Planning Services, regarding actions taken at the meeting of December 8, 1992, was ordered received and filed. 5. REPORT OF SERRA BOARD ACTIONS (44040) The Report dated January 5, 1993, from the Director of Engineering and Building, regarding actions taken at the meetings of November 12, 1992, was ordered received and filed. 6. PLANS, SPECIFICATIONS. AND AUTHORIZATION TO CALL FOR BIDS - PREVENTATIVE STREET MAINTENANCE 1992-93 (DEL OBISPO STREET - CAMINO DEL AVION TO PASEO DE LAS PAZ) (600.30) As set forth in the Report dated January 5, 1993, from the Director of Engineering and Building, the plans and specifications were approved for Preventative Street Maintenance 1992-93 for the asphalt concrete overlay of Del Obispo Street from Camino Del Avion to Paseo De La Paz. Staff was authorized to call for bids. �7. RESOLUTION. NOTICE OF COMPLETION, AND FINAL REPORT (LOS ANGELES ENGINEERING) (60030) As set forth in the Report dated January 1993, from the Director of Engineering and Building, the following Resolution was adopted declaring the rehabilitation of Silver Creek Drive at Horno Creek and drainage improvements on Mission Street to Ramos Street by Los Angeles Engineering to be complete: City Council Minutes -3- 1/5/93 0 RESOLUTION NO. 93-1-5-1. COMPLETION OF REHABILITATION OF SILVER CREEK DRIVE AT HORNO CREEK AND DRAINAGE IMPROVEMENTS - MISSION STREET TO RAMOS STREET - 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 REHABILITATION OF SILVER CREEK DRIVE AT HORNO CREEK AND DRAINAGE IMPROVEMENTS - MISSION STREET TO RAMOS STREET The Resolution accepted the work as complete in the amount of $59,605.72 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 100 retention in the amount of $5,960.57 thirty-five (35) days after recording the Notice of Completion. 8. RESOLUTION, APPROVAL OF AGREEMENT EXTENDING FUNDING FOR THE DESIGN OF THE SAN JUAN CREEK RAILROAD BRIDGE AND TRACK REALIGNMENT (DEPARTMENT OF TRANSPORTATION/AMTRAK) (600.50) As set forth in the Report dated January 5, 1993, from the Director of Engineering and Building, the following Resolution was adopted approving the Agreement Extension to March 31, 1994, for Funding Contract No. 64G188 with the California Department of Transportation and the National Railroad Passenger Corporation for the design of the San Juan Creek Railroad Bridge and Track Realignment: RESOLUTION NO. 93-1-5-2. APPROVAL OF EXTENDING AGREEMENT FOR FUNDING THE DESIGN OF THE SAN JUAN CREEK RAILROAD BRIDGE AND TRACK REALIGNMENT -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING EXTENSION OF THE FUNDING CONTRACT NO. 64G188 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE NATIONAL RAILROAD PASSENGER CORPORATION PUBLIC HEARINGS 1. AMENDING RESOLUTION NO. 90-11-6-1. DEVELOPMENT FEES AND DEPOSITS FOR PROCESSING DEVELOPMENT APPLICATIONS (420.20) Proposal: Consideration of proposed modifications to the Schedule of Fees and Deposits to provide more realistic cost estimates for applicants and reduce the administrative time necessary for collecting additional deposit payments for the processing of permits and development applications. Written Communication: (1) Report dated January 5, 1993, from the Planning Director, recommending modifications to the Fee and Deposit Schedule, including initial deposits, developer deposit charges, and consultant charges. (2) Amended Resolution and Exhibit A, Schedule of Application Fees and Deposits. Exhibits were on display, and Lynette Lehmann, Administrative Assistant, made an oral presentation. Council Member Campbell expressed concern that $1,500 for a zone variance and $5,000 for a Conditional Use Permit would be costly for many residents. Mr. Scarborough noted that the costs would cover the large amount of staff time needed for the City's detailed and complex processing of development applications. Council Member Hausdorfer concurred with Council Member Campbell's concerns and suggested that developer deposits be restudied, including how the City's costs compare City Council Minutes -4- 1/5/93 CINSENT CALENDAR AGENDA ITEM January 5, 1993 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering do Building SUBJECT: Resolution, Notice of Completion and Final Report - Two -Part Project Consisting of (A) Rehabilitation of Silver Creek Drive at Horno Creek and (B) Drainage Improvements - Mission Street to Ramos Street (Los Angeles Engineering) RECOMMENDATION By resolution, determine that the work for the Rehabilitation of Silver Creek Drive at Horno Creek and Drainage Improvements - Mission Street to Ramos Street have been completed and declare the work to be accepted; direct the City Clerk to forward a Notice of Completion to the County Recorder for recording and authorize staff to release the 10 percent retention in the amount of $5,960.57 thirty-five (35) days after the recordation of the Notice of Completion. SITUATION A. Summary and Recommendation The construction of the Rehabilitation of Silver Creek Drive at Horno Creek and Drainage Improvements - Mission Street to Ramos Street have been completed to the satisfaction of the City Engineer and is ready for acceptance by the City Council and recordation of a Notice of Completion with the County Recorder. B. Background The projects are described as follows: 1. Silver Creek Drive Rehabilitation at Horno Creek Silver Creek Drive in Stoneridge crosses Horno Creek where the creek is carried in a double box culvert. The stamped concrete road and associated catch basins, curb, gutter and sidewalks have subsided since the development was constructed in the late 1970's. The area was pressure grouted to check for and fill any voids under the roadway about four years ago. A settlement survey of the area has been ongoing since 1987. Staff is satisfied that the area subsidence is essentially complete. This project has reconstructed the subsided roadway and drainage features. 2. Drainage Improvement - Mission Street to Ramos Street There is a low area on Mission Street in the Little Hollywood area where water ponds after periods of rain. Although some water surface drains away, nuisance water usually remains. This project will pipe water to the existing storm drain in Ramos Street. FOR CITY COUNCIL AGENI)� ..�� 1 AGENDA ITEM • January 5, 1993 Page 2 1] An archaeologist was present on site during excavation work. A copy of the report is available for review at the City Clerk's Office. COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The contract was awarded to Los Angeles Engineering for $67,610. The project has been completed for $59,605.72. Changes in estimated quantities and a minor change order have resulted in the project cost reduction. $35,974.07 is funded in Account No. 12- 63500-4705-134 for Silver Creek Drive and $23,631.65 is funded in Account No. 12- 63500-4705-138 for Mission Street/Ramos Street. NOTIFICATION Los Angeles Engineering Susan Ertelt for Stoneridge Estates HOA ALTERNATE ACTIONS 1. Accept the improvements. 2. Do not accept the improvements. 3. Refer to staff for additional information. RECOMMENDATION By resolution, determine that the work for the Rehabilitation of Silver Creek Drive at Horno Creek and Drainage Improvements - Mission Street to Ramos Street have been completed and declare the work to be accepted; direct the City Clerk to forward a Notice of Completion to the County Recorder for recording and authorize staff to release the 10 percent retention in the amount of $5,960.57 thirty-five (35) days afater the recordation of the Notice of Completion. Respectfully submitted, /x, 1 4� William M. Huber, P.E. A) WMH/BP:cl Attachments: 1. Resolution 2. Notice of Completion • RESOLLTION NO. 93-1-5-1 • TATION OF SILVER T A RESOLLTION OF THE CITY COUNCIL OF THE CITY OF SAN JLAN CAPISTRANO, CALIFORNIA, DECLARING u'ORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE REHABILITATION OF SILVER CREEK DRIVE AT HORNO CREEK AND CONSTRUCTION OF DRAINAGE IMPROVEMENTS - MISSION STREET TO RAMOS STREET WHEREAS, on the 21st day ' .April, 1992, the City of San Juan Capistrano entered into a contract with Los Angeies Engineering, P. O. Box 1606, Baldwin Park, California, 91706, for the rehabilitation of Silver Creek Drive at Horno Creek and the construction of drainage improvements between -Mission Street and Ramos Street; and, WHEREAS, the Director of Engineering and Building has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Juan Capistrano, as follows: SECTION 1. That the work required to be performed by said contractor has been comoieted. SECTION 2. That the total cost of said work is in the amount of $59,605.72. SECTION 3. That the work is hereby accepted and approved. SECTION 4. The City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 5th day of .laniary , 1993. IX %_. IL ; iGiA ATTEST: 2" i . 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, Cit Clerk of the City of San Juan CapiStran— California, DO HEREBY CERTIFY that the foregoing is a true and correct coop of Resolution No. 93-1-5-1 adopted by the City Council of the Cjt� of San 7uar. Capistrano, California, at a regular meeting thereof held on the .nth da of January , 1993, by the following rote: AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None -2- • MEMORANDUM 11 January 27, 1993 TO: Cindy Pendleton, Interim Director, Administrative Services FROM: Brian Perry, Senior Civil Engineer SUBJECT: Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street - Standard Concrete Products Stop Notice The City has received a Stop Notice on the above subject contract from Standard Concrete Products in the amount of $3,153.63. Please reduce the retention payment by $3,500 to cover this Notice and associated costs. BP:ssg 7J' cc: William M. Huber Cheryl Johnson L� Bonnie Shires PLEASE SIGN, DATE AND RORN TO THE CITY CLERK'S OFFICE. THANK YOU. dwN (�1mra..o.ano � uunisno 1961 _1776 NOTICE TO PROCEED TO: Los Angeles Engineering, Inc. P.O. Box 1606 Baldwin Park, California 91706 Project: Rehabilitation of Silver Creek Drive & Drainage Improvements on Mission Street Amount of Contract: $67,610.00 MEMBERS OF THE CITY COUNCIL KENNETH E. FRIESS JERRY HARRIS GARY L. HAUSOORFER GILJONES JEFF VASOUEZ CITY MANAGER GEORGESCARBOROUGH You are hereby notified to commence work on the referenced contract on or before October 12, 1992, and to fully complete all of the work of said contract within 60 consecutive calendar days thereafter. Your completion date is December 11, 1992. The contract provides for an assessment of the sum of $100.00 as liquidated damages for each consecutive calendar day after December 11, 1992, that the work remains incomplete. Dated this 26th day of October, 1992. Cheryl Joh n City Clerk ACCEPTANCE OF NOTICE Receipt of the foreg�oing Notice to Proceed is hereby acknowledged by ��u4 �S( j22LL— this day of w , 1992. z G C �� rn Q C an < �: i:mx On m 2y� b O T. -1.. CA 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 • 17141 3-1171 September 9, 1992 Los Angeles Engineering, Inc. P. O. Box 1606 Baldwin Park, California 91706 Re: Award of Contract - Gentlemen: RECEIVED SEP is 2 55 Pld'52 Drive and civ OF SAN The City Council of the City of San Juan Capistrano at its regular meeting held April 21, 1992, awarded the contract for the rehabilitation of Silver Creek Drive and drainage improvements on Mission Street to your company in the amount of $67,610. Enclosed is a fully executed copy of the Agreement for your records. The City has not yet received the certificates for automobile insurance and general liability and has not yet received the Worker's Compensation Certificate. Please forward the required certificates to this office as soon as possible. You are required to return an acknowledged copy of this Notice of Award. Thank you for your cooperation. If we can be of further assistance, please call. Very truly yours, Cheryl Joh1 on City Clerk Enclosure cc: Director of Engineering and Building (with copy of contract) Mary Laub (with copy of contract) Project Engineer (with copy of contract) Receipt of the foregoing Notice of Award is hereby acknowledged: This ` t day of `�_�-t� 1992. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 y V,, v - MEMBERS OF THE CITY COUNCIL KENNETH E FRIE55 •l JERRY HARRIS ��; 1> ` mmnolufo GARY L HAUSDORFER fH41LIV(L 1961 GIL JONES 1776 JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN September 9, 1992 Los Angeles Engineering, Inc. P. O. Box 1606 Baldwin Park, California 91706 Re: Award of Contract - Gentlemen: RECEIVED SEP is 2 55 Pld'52 Drive and civ OF SAN The City Council of the City of San Juan Capistrano at its regular meeting held April 21, 1992, awarded the contract for the rehabilitation of Silver Creek Drive and drainage improvements on Mission Street to your company in the amount of $67,610. Enclosed is a fully executed copy of the Agreement for your records. The City has not yet received the certificates for automobile insurance and general liability and has not yet received the Worker's Compensation Certificate. Please forward the required certificates to this office as soon as possible. You are required to return an acknowledged copy of this Notice of Award. Thank you for your cooperation. If we can be of further assistance, please call. Very truly yours, Cheryl Joh1 on City Clerk Enclosure cc: Director of Engineering and Building (with copy of contract) Mary Laub (with copy of contract) Project Engineer (with copy of contract) Receipt of the foregoing Notice of Award is hereby acknowledged: This ` t day of `�_�-t� 1992. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 i MEMORANDUM TO: Ted Simon, City Engineer FROM: Brian Perry, Senior Civil Engineer SUBJECT: City Construction Contracts 9 April 28, 1992 The City's construction contract boiler plate was crafted by the then, City Attorney, John Shaw, several years ago. A copy is attached. There is no specific reference to auto insurance nor has there been any such reference although many contracts have been awarded. The City Clerk's memo to Bill Huber dated April 27, 1992 proposes an addendum to the contract with Los Angeles Engineering for Silver Creek Drive Rehabilitation and Mission Street/Ramos Street Drainage. A copy is attached. The following revision is therefore proposed for the City Attorney's concurrence: 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 or 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. Ted Simon • • April 28, 1992 Page 2 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 Lessor, 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 construction agreement. Please obtain the City Attorney's concurrence or comments on this change to the City boiler plate. This would also form an addendum to the Sacarama Area Storm Drain and the Preventative Street Maintenance 1991-1992 project which were approved April 21, 1992 and are currently out to bid. This would also presumably be April 27, 1992 and is managed which is in preparation and is of which I am not aware. BP:ssg�j� cc: Cheryl Johnson required for the Los Rios Entry Plaza project which bid by the CRA and the Park Playground Equipment project managed by Community Services, and any other contracts 0 MEMORANDUM 11 TO: Bill Huber, Director of Engineering and Building FROM: Cheryl Johnson, City Clerk DATE: April 27, 1992 SUBJECT: Rehab of Silver Creek Drive Contract with Los Angeles Engineering While preparing the correspondence to Los Angeles Engineering advising them of the award of the contract for the Silver Creek Drive Rehabilitation and Mission Street Drainage improvements, I realized that automobile liability insurance had not been required by the contract. Automobile insurance should be required and the City Attorney has suggested that an addendum be prepared to go with the contract and the contractor's concurrence be received that they will supply auto insurance to us. Unless you have some concerns otherwise, I will hold the correspondence and forwarding of the contract to Los Angeles Engineering until I receive the addendum to go with it. Thanks for your assistance. E DRUG USE Is E The following changes JUAN CAPISTRANO addendum. CONTRACT ADDENDUM MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN to the Contract dated April 21, 1992, between the CITY OF SAN and LOS ANGELES —ENGINEERING alc promulgated through the; Page 16, Seventh Section insert: 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. DATED: W OVED AS TO FORM: ndrd K. Denhalter, City Attorney -7/a $/9z CITY OF SA JUAN CAPISTRANO BY:47— d' DIRECTOR OF ENGINES ING be BUILDING BY: Ins Annglat�Fnni PPrzno _Tnr CONTRACTOR A s O'Brien, President 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 0 0 MEMORANDUM TO: Bill Huber, Director of Engineering and Building FROM: Cheryl Johnson, City Clerk DATE: April 27, 1992 SUBJECT: Rehab of Silver Creek Drive Contract with Los Angeles Engineering While preparing the correspondence to Los Angeles Engineering advising them of the award of the contract for the Silver Creek Drive Rehabilitation and Mission Street Drainage improvements, I realized that automobile liability insurance had not been required by the contract. Automobile insurance should be required and the City Attorney has suggested that an addendum be prepared to go with the contract and the contractor's concurrence be received that they will supply auto insurance to us. Unless you have some concerns otherwise, I will hold the correspondence and forwarding of the contract to Los Angeles Engineering until I receive the addendum to go with it. Thanks for your assistance. 0 0 (3) Asphalt concrete overlay of Dana Mesa Drive, including pavement reinforcing fabric from Del Obispo Street to Deadwood Drive and slurry sealing the remainder of the Dana Mesa tract. Staff was authorized to call for bids. 8. AWARD OF CONTRACT - TWO-PART PROJECT CONSISTING OF Al REHABILITATION OF SILVER CREEK DRIVE AT HORNO CREEK; AND B) DRAINAGE IMPROVEMENTS. MISSION STREET TO RAMOS STREET (LOS ANG LES ENGINEERING. INC.) (6000..30) As set forth in the Report dated April 21, 1992, from the Director of Engineering and Building, the contract for the rehabilitation of Silver Creek Drive at Horno Creek and drainage improvements for Mission Street to Ramos Street was awarded to the lowest responsible bidder, Los Angeles Engineering, Inc., in the amount of $67,610. The bid irregularity was waived, and all other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 9. DENIAL OF CLAIM - PROPERTY DAMAGE (SAM FRIEDMAN) (170.10) The claim received by the City on April 3, 1992, from Sam Friedman in the amount of $1,995.48, for damage sustained to his RV from hitting a overhanging branch on Paseo Adelanto, was denied, as set forth in the Report dated April 21, 1992, from the City Attorney. 10. RESOLUTION AUTHORIZING DESTRUCTION OF RECORDS (160.70) As set forth in the Report dated April 21, 1992, from the City Clerk, the following Resolution was adopted authorizing the destruction of records listed in Exhibit A of the Resolution: RESOLUTION NO. 92-4-21-1. DESTRUCTION OF RECORDS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS PUBLIC HBARINGS 1. PROPOSED REZONE OF A 3.3 -ACRE PARCEL FROM GENERAL AGRICULTURE TO PUBLIC AND INSTITUTIONAL. AT PROPERTY LOCATED NORTH OF AVENIDA LOS CERRITOS AND WEST OF RANCHO VIEdO ROAD, REZONE 89-1 (SOUTH COAST CHRISTIAN ASSEMBLY) (460.20) Pronosal• Consideration of a request to rezone a 3.3 -acre parcel from AG (General Agriculture) to IP (Public and Institutional), -4- 4/21/92 0 0 CONSENT CALENDAR AGENDA ITEM April 21, 1992 TO: Stephen B. Julian, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Award of Contract - Two Part Project Consisting of (A) Rehabilitation of Silver Creek Drive at Horno Creek and (B) Drainage Improvements, Mission Street to Ramos Street (Los Angeles Engineering Inc.) RECOMMENDATION By motion, waive the bid irregularity and award the contract for Silver Creek Drive Rehabilition at Horno Creek and Drainage Improvements, Mission Street to Ramos Street to the lowest responsible bidder, Los Angeles Engineering Inc. in the amount of $67,610.00 and reject all other bids. Authorize the Mayor and City Clerk to execute the documents on behalf of the City. SITUATION A. Summary and Recommendation Bids were opened March 9, 1992, for Silver Creek Drive Rehabilition at Horno Creek and Drainage Improvements, Mission Street to Ramos Street. Twelve bids were received and are valid until April 23, 1992, a period of 45 days from the opening date. Because of concern over financial resources, contractors were required to submit bids for two options: Option One - Silver Creek Drive Rehabilitation (Items 1-9) and Option Two - Silver Creek Drive Rehabilitation plus Mission Street to Ramos Street Drainage (Items 1-14). Brongo Construction bid only the Mission Street to Ramos Street part of the package and therefore, cannot be accepted. Bids for Los Angeles Engineering Inc., Wakeham Baker, Inc. and Atlas -Allied Inc. contained errors. Bid totals of only Items 10-14 were inserted in the second option instead of Items 1-14. Staff has obtained confirmation and correction of the errors from Los Angeles Engineering, Inc. and Wakeham Baker, Inc., the two former bidders who are the two lowest bids. With corrections, bids were received as follows: FOR CITY COUNCIL AGEN U J/ �p Ar:FnitlA ITFM • • April 21, 1992 Page 2 B. Background The projects are described as follows: 1. Silver Creek Drive Rehabilitation at Horno Creek. Silver Creek Drive in Stoneridge crosses Horno Creek where the creek is carried in a double box culvert. The stamped concrete road and associated catch basins, curb, gutter and sidewalks have subsided since the development was constructed in the late 1970's. The area was pressure grouted to check for and fill any voids under the roadway about four years ago. A settlement survey of the area has been ongoing since 1987. Staff is satisfied that the area subsidence is essentially complete. This project will reconstruct the subsided roadway and drainage features. Silver Creek Drive is the only access to Horseshoe Bend. As removal and reconstruction of the stamped concrete will take possibly two weeks for each street half section, construction operations limiting traffic to one direction at a time will be controlled by automatic battery operated traffic signals, 24 hours a day. Notification will be provided to all property owners and tenants within the project area, particularly Horseshoe Bend, prior to the start, noting the construction period. 2. Drainage Improvement - Mission Street to Ramos Street. There is a low area on Mission Street in the Little Hollywood area where water ponds after periods of rain. Although some water surface drains away, nuissance water usually remains. This project will pipe water to the existing storm drain in Ramos Street. This project has been reviewed by the Community Redevelopment Agency for compatibility with the Agency's Los Rios Housing Project. Additionally, an archaeologist will be present on site during excavation work. Silver Creek Silver Creek Drive Bidder Drive Only Plus Mission/Ramos Los Angeles Engineering Inc. $ 44,655.00 $ 67,610.00 Wakeham -Baker, Inc. 41,924.00 72,727.00 Nottson Construction 57,223.15 76,777.25 Excel Paving Co. 58,685.00 77,777.00 Atlas -Allied Inc. 52,850.00 89,630.00 J. McLoughlin Engineering Co. 66,840.00 93,060.00 Damon Construction Co. 59,733.00 94,010.00 Kennedy Pipeline Co. 83,456.00 115,329.00 Murdock & McCoy Construction Inc. 122,400.00 141,540.00 Swede Development Co. 122,070.00 142,828.00 The engineer's estimate for the project was $107,000. The low bid is 36.8% below the engineer's estimate. Staff is recommending award of contract to the lowest responsible bidder, Los Angeles Engineering Inc. in the amount of $67,610.00. No subcontractors were listed with the bid. B. Background The projects are described as follows: 1. Silver Creek Drive Rehabilitation at Horno Creek. Silver Creek Drive in Stoneridge crosses Horno Creek where the creek is carried in a double box culvert. The stamped concrete road and associated catch basins, curb, gutter and sidewalks have subsided since the development was constructed in the late 1970's. The area was pressure grouted to check for and fill any voids under the roadway about four years ago. A settlement survey of the area has been ongoing since 1987. Staff is satisfied that the area subsidence is essentially complete. This project will reconstruct the subsided roadway and drainage features. Silver Creek Drive is the only access to Horseshoe Bend. As removal and reconstruction of the stamped concrete will take possibly two weeks for each street half section, construction operations limiting traffic to one direction at a time will be controlled by automatic battery operated traffic signals, 24 hours a day. Notification will be provided to all property owners and tenants within the project area, particularly Horseshoe Bend, prior to the start, noting the construction period. 2. Drainage Improvement - Mission Street to Ramos Street. There is a low area on Mission Street in the Little Hollywood area where water ponds after periods of rain. Although some water surface drains away, nuissance water usually remains. This project will pipe water to the existing storm drain in Ramos Street. This project has been reviewed by the Community Redevelopment Agency for compatibility with the Agency's Los Rios Housing Project. Additionally, an archaeologist will be present on site during excavation work. AGENDA ITEM • • April 21, 1992 Page 3 COMMISSION/BOARD REVIEW, RECOMMENDATIONS The drainage improvements from Mission Street to Ramos Street have been reviewed by the Environmental Review Board and were presented as an information item to the Los Rios Review Committee. FINANCIAL CONSIDERATIONS The Engineer's estimate for this project Account No. 12-6900-4705-116 this year construction of the project at the bid price NOTIFICATION .s $107,000. $207,365 and sufficient funds of $67,610.00. Los Angeles Engineering Inc. Wakeham -Baker, Inc. Nottson Construction Excel Paving Co. Atlas -Allied Inc. J. McLoughlin Engineering Co. Damon Construction Co. Kennedy Pipeline Co. Murdock & McCoy Construction Inc. Swede Development Co. 7C's Construction Brongo Construction Susan Frtelt for Stoneridge Estates Homeowners Association ALTERNATE ACTIONS has been budgeted in are available for the 1. Waive the bid irregularity and award the contract for Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements, Mission Street to Ramos Street. 2. Do not award the contract. 3. Refer to Staff for additional information. RECOMMENDATION By motion, waive the bid irregularity and award the contract for Silver Creek Drive Rehabilition at Horno Creek and Drainage Improvements, Mission Street to Ramos Street to the lowest responsible bidder, Los Angeles Engineering Inc, in the amount of $67,610.00 and reject all other bids. Authorize the Mayor and City Clerk to execute the documents on behalf of the City. Respe .tfully sub itte William M. Huber, P.E. W MH/BP:cI Attachments: ENGINEERING LOS ANGELES ENGINEERING, INC. General Engineering Contractor License No, 591176-A March 17, 1992 Mr. Brian Perry City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street Dear Mr. Perry: In response to your letter dated March 12, 1992, we wish to confirm our total bid price of $67,610.00 for the above referenced project. If you have any questions regarding this matter, please feel free to call. Sinely, P— Ang90'Brien President AO/cs P.O. Box 1606 • Baldwin Park, California 91706 • (818) 969-0456 Fax: (818) 812-9343 0 March 12, 1992 dwo„ ` lellereletll �wuD 1961 1776 CERTIFIED MAIL, RETURN RECEIPT REQUESTED MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY L. HAUSDORFER GIL JONES JEFF VASOUEZ CITY MANAGER STEPHEN S JULIAN Los Angeles Engineering, Inc. P.O. Box 1606 Baldwin Park, CA 91706 Re: Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street Dear Sir: This letter is in reference to apparent errors in your bid proposal for the above subject project which was opened March 9, 1992. Please confirm that the amount of $22,955.00 entered on Page 3R and 6bR as the bid for Items 1 through 14 is an error, represents only Items 10 through 14, and should be $67,610.00 for Items 1 through 14. Any change in bid prices may result in rejection of your bid. A copy of Pages 3R and 6bR is enclosed for your reference. If you have any questions, please feel free to call me. Very truly yours, Brian Perry Senior Civil Engineer BP:ssg cc: Cheryl Johnson, City Clerk n V 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493.1171 BID PROPOSAL For the: Silver Creek Drive Rehabilitation at Homo Creek and Drainage Improvements Mission Street to Ramos Street From: "Ir'x3?rinVA — , I tic- ContTattOr j� To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1991 Edition, including all supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes 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: For Silver CreekDrive Rehabilitation at Homo Creek (Bid Items 1 through 9) LPIOS - orIV FIgurks �-t For Silver Creek r e Rehabilitation at H rn Creek alSd Drainage Improvements Mission Street to Ramos Street (Bid Items 1 through 14) aa�i5� 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 Specifica- tions or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of Sixt (60) calendar days. -3R- 0SCHEDULE OF WORK ITEMS • SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET Item Approximate Work Items With Unit Price Unit Price Quantity (Written in Words) (In Figures) 14 2 EA Lower existing water service for the u it price of dollars per ea h. $-)don_ Total Amount Silver CreekDrive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street (Bid Items 1 through 14) Bid Price (enter here and on Page 3R) $ Jy MEE=0-1� Figures MM !�l/AKEHA/!1-„AMER INC. ' L/t;��� General Engineering Contractor [714] 558-0820 • Lic. no. 402529 March 13, 1992 City of ,San .Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 Attri: Brian Perry, Senior Civil Engineer Ref: Silver Creek Dr. Rehab at Horno Creek and Drainage Imprv.,Mission to Ramos St_ Bid Proposal Confirmation Dear Mr. Perry, In referenc=e to our bid proposal for the above referenced pa-o_faQt, you are correct in the assumption that our total price of $ 303, 80%3.00 represents bid items 10 through 14, not. 1 through 14. The correct total for bid items 1 through 14 is $ 72,727.00, as Der item totals. If any additional information is required, please feel free to contact this office. RespectfI_ilIy, lt'� llllam!/t nson Wakeham -Baker, Inc.;i'” )r G P �O Sa 11225 Slater Ave. Fountain Valley, Ca. 92708 171 DRYO UiE ri March 12, 1992 �„bn uunurrn Is, 1961 1776 CERTIFIED MAIL, RETURN RECEIPT REQUESTED MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY L. HAUSOORFER OIL JONES JEFF VASQUEZ CITY MANAGER STE►NEN S JULIAN Wakeham -Baker, Inc. 11225 Slater Avenue Fountain Valley, CA 92708 Re: Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street Dear Sir: This letter is in reference to apparent errors in your bid proposal for the above subject project which was opened March 9, 1992. Please confirm that the amount of $30,803.00 entered on Page 3R and 6bR as the bid for Items 1 through 14 is an error, represents only Items 10 through 14, and should be $72,727.00 for Items 1 through 14. Any change in bid prices may result in rejection of your bid. A copy of Pages 3R and 6bR is enclosed for your reference. If you have any questions, please feel free to call me. Very truly -yours, Brian Perry Senior Civil Engineer BP:ssg i cc: Cheryl Johnson, City Clerk 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 • •, BID PROPOSAL For the: Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street From: %VAV-EQ&-#,I - 6AY-CQ- a I NC- Contractor CContractor To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1991 Edition, including all supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes 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: For Silver CreekDrive Rehabilitation at Horno Creek (Bid Items 1 through 9) (=oR.ry O ja YHoUSAN'J . N,ni� Mu"ORL"a Oc 7w&NTY FOUR- Oo"AyLs A,l o Ala CC -Nis $ q1 • 92V Words Figures For Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street (Bid Items 1 through 14) j4 l2 rY -r-WUSAND , CICI-AT 0VAjX O40 Z'NQL^-V Go DbL�ARS AMO W CenNTS $ '50, 6o3 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 Specifica- tions or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of Sixty (60) calendar days. -3R- WHEDULE OF WORK ITEMS • SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET Item Approximate Work Items With Unit Price Unit Price Quantity (Written in Words) (In Figures) 14 2 EA Lower existing water service for the unit price Of ONE IdUN2�2t4 0o dollars per each. $ 1po Silver CreekDrive Rehabilitation at Horno Creek and Drainage Ramos Street (Bid Items 1 through 14) Bid Price (enter here and o iN12y r'r-"Ovsk*jo ; F.l4Hr P%j"ORGD t�121�k D O« AAS /L+4 No CZPj TS Words C, -M Total Amount Improvements Mission Street to n Page 3R) Figures BOND# P2500399 r , PREMI• $1,352.00 PERFORMANCE BOND/ KNOW ALL MEN BY THESE PRESENTS: That LOS ANGELES ENGINEERING, INC. as Principal, hereinafter called CONTRACTOR, and PLANET INSURANCE COMPANY , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San 3uan Capistrano, as Obligee, hereinafter called CITY, in the amount of SIXTY-SEVEN THOUSAND SIX HUNDRED TEN ($67,610.00) 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): SILVER CREEK DRIVE RF_HABILITATION AT HORNO CREEK. AND DRAINAGE IMPOVEMENT MISSION STREET TO RAMOS STREET 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. 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 6TH day of APRIL 19 92 , at LOS ANGELES , California. APPROVED AS TO FORM PRINCIPAL LOS ANGELES ENGINEERING, INC. Mj ius WA�Y,0 t` 0---)r>eai (NOTARIZATION AND SEAL) SURETY PLANET INSURANCE COMPANY (NOTARIZAGN AND SEAL) ALLAN J SAUNDERS-ATTORNEY-IN-FACT STATE OF CALIFORNIA I ss. COUNTY OF w5 Fi�l:uC� _�> On this _7T11 day of ,QD PJ l_ , In the year 19127 before me, the underslgned a Notary Public In and for said State, personally appeared ,. OFFICIAL SEAL and RAMON C. ARTEAGA personally known to me ,1*fir. votary Public-Cdlfomtc3 (or proved to me on the basis of satisfactory evidence) to be the persons who executed the ANGELES COUNTY ��. Commission Expires within Instrument as President and ,i Secretary, April 29, 1994 respectively, of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to Its by-laws or a resolution of its board of directors. WITNESS my hand and official f ACNNOWEEGGMENT—torp —Wes & SK —Walcolts Fam 222CA-14r 1183 . 1883 WeltOTTS. INC (pnca class 6 2) Notary Public in and for said State. State of California, County of LOS ANGELES } SS: On this 6TH �yy of APRIL in the year 1 992 , before me Notary of Public personally appeared AC AND NDERS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -In -Fact of PLANET INSURANCE COMPANY, and acknowledged to me that PLANET INSURANCE COMPANY executed the instrument. h My Commission expires , 19 Notary Public in and for said County BDP -1818 ED.6/83 (CALIF.) . •BOND #P2500399 Premium included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the Cit of San Juan Capistrano a municipal corporation of Orange City LOS ANGELES ENGINEERING INC. County, California, has awarded to License No. Fogy 17F A hereinafter designated as "Principal", a contract for DRIVE RENABILIT'ATIQN AT HORNO CREEK AND DRAINING IMPROVEMENTS MiSSI(XGand STREET AND RANDS STREET 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 LOS ANGELES ENGINEERING, INC. , Principal, and PLANET INSURANCE COMPANY . as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of SIXTY SEVEN THOUSAND SIX HUNDRED TEN DOLLARS ($ 67,610.00), 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 S, 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 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. 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. -22- STATE OF CALIFORNIA ss. COUNTY OF / C7-� A-ACN A RAMON C. ARTEAGA Notary Public-Califomla LOB ANGELES COUNTY My Commission Expires ADM 29, 1994 On this :7 *T-fi day of 4P/u L_ , In the year 19227 before me, the undersigned, a Notary Public In and for State, personally appeared ANC� LL, D' b,2 sal t and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within Instrument as President and ✓ Secretary. respectively, of the Corporation therein nained, and acknowledged to me that the Corporation executed it pursuant to Its by-laws or a resolution of its board of directors. WITNESS my hand and officl ACKNOWLEDGMENT—Cary.—Pm 6 SK —WMAMIS Farm 222CA—xW n e3 NotaryPublic In and for said Slate. . I%QWOLGOTTs. INC IV. was a 21 State of California, County of LOS ANGELES I J } SS: On this 6TH day of APRIL in the year 1992 , before me Notary of Public personally appeared ALLAN J SAUNDERS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney - In -Fact of PLANET INSURANCE COMPANY, and acknowledged to me that PLANET INSURANCE COMPANY executed the instrument. L My Commission expires , 19 BDP -1618 ED. 6/83 (CALIF.) Notary Public in and for said County 1=M iNETWTBVRANCSa C%&pANY HEAD OFFICE, MADISON, WISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the PLANET INSURANCE COMPANY, a corporation duly organized under the laws of the State of Wisconsin, does hereby make, constitute and appoint ALLAN J. SAUNDERS of LOS ANGELES, CALIFORNIA --- in true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and dead ANY AND ALL BONDS AND OF SURETYSHIP --- and to bind the PLANET INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and tooled and attested by one other of such officers, and hereby ratifies and confirms all that its mid Attorney(s)4n-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By -Laws of PLANET INSURANCE COMPANY which became effective September 21, 1981, which provisions are now in full force and affect, reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vin President, any Vices President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute on, behalf of the Company, bonds and undertakings, ranxgnizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him. 2. Attorneys -in -Fact shall he" power and authority, subject to the terata and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizance:, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys -in -Fact shall haw power and authority to execute affidavits required to be attached to bonds, recognizance:, contracts of indemnity or other conditional or obligatory undertakings and they shall also haw power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of PLANET INSURANCE COMPANY at a meeting held on the 29th day of March, 1982, at which a quorum was present, and mid Resolution hes not been emended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney crany certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be wild and binding upon the Company in the future with respect to any bond or undertaking to which it is attached," IN WITNESS WHEREOF, the PLANET INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporate seal to be hereto affixed, this 13th day of February 19 85 STATE OF Washington COUNTY OF King On this 13th hey of February PLANET INSURANCE COMPANY L Vin President 1885 . personally appeared Charles B. Schmalz to me known to be the Vin -President of the PLANET INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of aid corporation thereto, and that Article VII, Section , 2, and 3 of the By -Laws ofid Company, and -hr.. Peso:uuo r, eat forth therein, are still in full force. i / 1 My Commission Expires: July 20 ,19 86 IQotary Public in and for State of Washington Raiding st Milton 1, , Assistant Secretary of the PLANET INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by mid PLANET INSURANCE COMPANY, which is still in full form and effect. IN WITNESS WHEREOF, 1 Mw hereunto set my hand and affixed the seal of said Company this 6TH day of APRIL 79 92 Assistant Secretary • Bid Opening Report Bids opened March 9, 1992 at 2:00 p.m. Project Title: Silver Creek Dr. Rehab at Horno Creek & Drainage not Z kMFe-4L hated cm 0 C' ha ra lie r Ci k v of rr, b o f uu- hreSd-DL+ Improvements Project Engineer: Brian Perry Pre -Bid Estimate: $107,000 Bid Bid Bidder Amount Bond 1, Atlas -Allied Inc. Rehab Only S 21 �SO Rehab & Drainage �2�, '7kO= 2, Damon Construction Co Rehab Only 599,7 333 c, Rehab & Drainage q '9/0— 3. Excel Paving Co Rehab Only `J g 5 Rehab & Drainage q, Kennedy Pipeline Co Rehab Only $iJ__ („sb � Rehab & Drainage 11 S / 3 2.9 9-u� 5. Los An eles Enaineering. Inc. Rehab Only y s 5 ' Rehab & Drainage :Z 2,qr 5 S 6. J. McLouehlin EngineerinP Co Rehab Only 6415go Rehab & Drainage 93, O/_n " J. A. McCoy Construction. Inc. 7. Rehab Only 17-2-,460 V Rehab & Drainage /c%J, 5't0-" 8. Nottson Construction Rehab Only Rehab & Drainage '7/.o 7771 2- 9. Swede Development Co Rehab Only 2'D 070 Rehab & Drainage / 2� ' 10. Wakeham -Baker, Inc. Rehab Only 9 Rehab & Drainage 8 O 3 11. Brongo Construction Rehab Only Rehab & Drainage 1.7, cc: City Clerk Staff PL&F Signed: ���✓J� City Manager Dated:0!4-117AJ The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. iLC 59 5v / Page 1 of !J not Z kMFe-4L hated cm 0 C' ha ra lie r Ci k v of rr, b o f uu- hreSd-DL+ I WA I, Ch=n9-Hoc �1; 4=13t_ - I BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, LOS ANGELES ENGINEERING, ING. p.O.BOX 1606,BALDWIN PARK.CA 91706 as PRINCIPAL, and PLANET INSDRANCE COMPANY 505 N,, BRAND BLVO.FO.1B"E,2 21?4,3 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 $ (--lo%-) • . 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 MARCH 9TH I9 for the construction SILVER CREEK DRIVE REHABILITATIO D DAGE of IMPROVEMENTS_ MISSION _STREEL TO PAMDS.STRFFT 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. •-.-.. �1-­1-.9_Ho 0 85743148 P.04 IN WITNESS WHEREOF, the above -bounden parties have executed this instrument under their several seals this 9TH day of WJOJ19 92 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) ATTEST (if Corporation) Corporate Seal ATTEST Title APPROVP AS TO FORM: , City LOS ANGELES ENGINEERING INC. PRINCIPAL BY: Title:�r.i, 15 O'p,12 it✓n! DYl� I PLANET INSURANCE COMPANY UR BY: ALLAN J SUNDERS Titlet RNE - - A T STATE OF CALIFORNIA ss. COUNTY OF '� '' IZ7 r c f--/ ` ( �}.� On this =1 day of �h in the year 19-0127 before me, Ibe undersigned, a Ngtary Public in and for said State, personally appeared AL] OFFICIAL SEAL and RAMON C ART GA personally known to me ;; S_ OUNIV (or proved to me on the basis of satisfac)ory evidence) to be the persons who executed the C my i.on masior. Expires within instrument as President and >� Secretary, Apel 29, 1994 respectively, of the Corporation therein nalned, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. n WITNESS my hand and official AC RNOWLEOGMENT—Corp —Pres. 65a.—Wolcolts Form 222CA—Rev 11 83 „1983WOLCOTTs.INC (price class 82) Notary Public in and for said State. State of California, County of LOS ANGELES SS: On this 9TH day of MARCH in the year 1992 , before me Notary of Public personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -In -Fact of PLANET INSUR2SE-C-OMPANY ed to me that PLANET INSURANCE COMPANY executed the instrument. j�-� OFFICIAL NOTARY SEAL JOLLY HAMID Notary Public — California LOS ANGELES COUNTY My Comm. Expires OCT 02,1995 My Commission expires BDP -1818 ED.6/83 (CALIF.) 19 PLANET INBURANCnr COb/SPAN"�" � HEAD Of FILE, MADISON, wl:{ONtI N POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, Thattha PLANET INSURANCE COMPANY,. corpena'ien duly Cog".ed.w.dn the Ia of the Stale. of Wisconsin, does hereby make, constitute and appo:al ALLAN J. SAUNDERS of LOS ANGELES, CALIFORNIA --------- b nus and 1ewluf Attemeyws-Fact, to make, execute, wl and deli.err, for and on its behatf, and " its act W deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ------- end to banal 11,a PLANET INSURANCE COMPANY Hweby, re fully W to the tonne extent w if such bonds and unden•kinga and other writings obliPtorY in the NWne thereof ,sere signed by an E.acutiw Officer of Cha PLANET INSURANCE COMPANY and weled and shelled by one *Char Of such officers, end hereby ratifies and confirms all shuffle said Aitcxn•v(,)4 •Fact may do in pursuance honest. This Po..er of Attorney k panted undo, and by aul Mrily of Article VII of the By -L— of PLANET INSURANCE COMPANY which becan.he ,"active Sewenlbel 21, 1981,.dhiCh wo.w:om ate new in IVII lora aha ellrct, nadinp .a lolb..a: --ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS - 1, The Board of D:reL\*rt, the President, the Chakonan of the Board. any Senior Vim Rn:denl, any Via President w Assistant Vim Resident or other officer designated by the Board of Direct*,, •NII hoe power and authority to 4.1 appoint AttwneyswFact W to .Mhosate than, to .•eeute on bsfelf of the Company. bonds and undertakings, eve"nitawat, context([ of indemnity and other wnitinps obligatory in the natwe thareol, and (bl to umove any such Attorney^n•Foct at any time and revoke itk power and •uthoray given to h:m- 2. Attwneys•ih-Face shall have power and .uthor:q, wbjen tothe ierrns and limitations of Ne pe.ocr o1 nlwney issued 10them, @o uacutt and deliver on behalf or the Compared, bonds and undertakings, «copshancn, contracts of indemnity W other writings obliwlorY in the nature thereol. The corporate sial is not necessary for the va :dittrof my bonds and undenakings. racOpnieanae COntrMMOl:.rdem^ity W Olhel writing' obliwtOry. in Nue n•tur. threof. ' ]. Attorneys-:n-Fac1 shall have poetry and •otMr:ty to execute affidavits racuirod to be attached to bonds, reCopnitanm, conVacte of indemnity or other eondhiorel w oblipxtory Vndeltakirg{ and they WII also how p t and authority 10 CtetilY the financial n•Iemenl OI the (AmpaM and %a top:" of the BY -LA. of the Coenpeny be any &"itis or .action thereof. This oo.er or atlornev is signed and sealed by laoimik under and by authority of the following Resolution adopted by the Board of Directors of PLANET INSURANCE COMPANV at.. meeting Ae1d en 2nd 29(11 d•Y O/ Marsh, 7982•.1 wlhicll • Clrorur(t was preaenl,.nd uyl Rnolution Ne rot been -mended or reoe.icd: —'Rewlv.d; that the asp xlwn of such directors and ofl:ars and the M•I of the Company may bs.nixad to.any such po+gr e1 attorney w any certificate totaling therets, by faoimik, and end such p 1 of attorney be certificate belling —Cls faCa:m:k s:grutunea or /soimile f eel shelf be "Gel and binding upon the ComfHM and any such power t0 executed and certified by fao:enile signalwas and Irp:mile exal shall be valid and to nding Vcloln the Comp.ny in the fwwe with letpect t* any bond or VndeM1aking to aafs:,A it;. ntached. IN WITNESS WHEREOF, the PLANET INSURANCE COMPANY het caused Chase present, to be sawed by its Via President• and it, eOsowote .cot to benarelo•tfiaed.this 24th day of Auoust 19 87 PLANET SURANCE MP,A/NYVice President STATE OF Washington COUNTY OF King On tMa 24th day *f August ,19 87 .oe.ton•Ily .pp..red Lawrence W. Carlstrom to nu knrr n to by the Viee•Res:dent of the PLANET INSURANCE COMPANY, and •eknowladped @het he e•eeut d and nlnled the fonapO:ng :nn rumens and •!/:sed the H.1 o: said eorp0rrlion Nerno, and that AM1:Cl. VII, So n 1, 2, and 7 0l the 131 -Lone of said Company, and In' R.wlurion, .el forth tlrre.n are still in lull lora, l ` t--_C_t:: My CpmrNY.en E.pnea: r.y.- - M a v I° t9 90 R4 Not.ry PuD@:C in and /or $caw of a s h i n g t J H•,;mnp,1 Tacoma 1, James A. Evans Aati.1-M S.Cre1.,V of the PLANET INSURANCE COMPANY, do herby Cen.fl snot me eho.. and IG.*1:np is • viae end pwutl copy of • Power of Altorney ..reined by cad PLANET INSURANCE COMPANY,whk" it (till in full tor" •.M IN wI TNE$$ nnfnf Oe.lir.•n•aonto—I....l....l...d.n:..d 1n....1 .1 —;d Cpn.n-ny ler:. 9TH d.y of MARCH 19 92 0 0 • (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: fY"'(wa) T Dated: I 1 U • -5- Sig6,0,- , nato Bidde �s O' been -3 s:dw1t 1g) q(09-046(0 Telephone Number n LJ F_ 1 LJ n U 0 0 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA County of being first duly sworn deposes and says that he is {�r�SiC�2c 1+ of �u� l4rrxeles �na;r. rw Inc, the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other 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 any one 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 partnership or other financial interest with said bidder in this general business. DATED: rrkAYG%� qr IaCt2 X S[GN E On this the day of , 19_ before me, the undersigned, a Notary Public in and for said State, personnally 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 acknowledged that executed it. WITNESS my hand and official seal. Notary Public in and for said State -7- STATE OF CALIFORNIA l }ss. COUNTY OF/ OFFICIAL SEAL :moi; RAMON C. ARTEAGA ^ �; Notary Public-Cdeomia =E" - > LOS ANGELES COUNTY ;.,a' My Comrisa• Expies 3:.„.• Apfl 29, 1994 On this i— day of mQ r'( { in the year 19n, before me, the undersigned, a Notary Public in and for said State, personally appeared and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as — President and Secretary, respectively, of the Corporation therein ndlned, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official s ) 11 ACKNOWLEDGMENT—Corp.—Fres. & SB—WolcMls Form 222CA—Rev 1483 1983 WOLCOTTS. INC IF" elm 3.2) Notary Public in and for said Slate. • 0 0 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 Address Phone No. 1. 2. • 3. 4 5. 6. 7 8. L Q5"Ae•5 'Pic BIDDER NAME I L, AUTHORIZED S PrURE AN,, Ol 8, en , esiden4 0 0 0 CITY OF SAN JUAN CAPISTRANO SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET SPECIAL PROVISIONS WORK TO BE DONE The work to be done under this contract in general, consists of the reconstruction of curb, gutter, catch basins, sidewalk, stamped concrete paving at Silver Creek Drive and the provision of new catch basins and a new storm drain from Mission Street to Ramos Street in the City of San Juan Capistrano. The work shall also include all other miscellaneous items and appurtenant work as contained in the contract documents. The City may elect to award a contract for Silver Creek Drive Rehabilitation only or for both projects, or may reject all bids. SECTION 1 - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1991 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 Director of Engineering & Building, 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 Director of Engineering & Building Services, within the time specified in such notice, the City 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 may designate. Upon such termination, the Contractor's control shall terminate and thereupon 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 may deem proper; or 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 therefor. SP -LR 0 JNw► • � 'Ui' ` IAIOt1011AIU uunnxlo 1961 1776 ADDENDUM NO. 1 MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E. FRIESS GARY L. HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET The following changes to the plant and specifications are promulgated through this addendum. 1. Page 3 Delete Page 3 Add Page 3R which is enclosed 2. Page 4 Delete Page 4 Add page 4R which is enclosed 3. Pae 6a Delete Page 6a Add Page 6aR and 6bR which are enclosed 4. Page SP -1 Delete Page SP -1 Add Page SP -1R which is enclosed A signed copy of this addendum shall accompany the bid. Contractdr William M. Huber' Director, Engineering & Building 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 BID PROPOSAL For the: Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street From: Fr05 Anwks l'iY,i)nerf1u' I r c Contr for To the Honorable City Council City of San Juan Capistrano Gentlemen, The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1991 Edition, including all supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes 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: For Silver CreekDrive Rehabilitation at Horno Creek (Bid Items 1 through 9) $ i or igur s For Silver Creek r e Rehabilitation at H rn oCreek a d Drainage Improvements Mission Street to Ramos Street (Bid Items 1 through 14) $. 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 Specifica- tions or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of Sixty (60) calendar days. -3R- All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. The estimated quantities of work indicated in the proposal are approximate only being given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will 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 City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is Jj�>Imect, (Insert "$ cash", cashier's check, certified check or bidder's bond on the forms from Pages 18 and 19 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid (Items 1 through 14). The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Pbre!r 1rcwy.�F Co. 505 r.5_ TwandINIA. -A"70 hlery&LletCA 918—ko3 Licensed in accordance with an act providing for the registration of contractors -- License No. 5gI1'7to-A Signat�f Bidder: V 6ae • SCHEDULE OF WORK ITEMS 10 SILVER CREEK DRIVE REHABILITATION AT HO RNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET Item Approximate Work Items With Unit Price Unit Price Total Amount Quantity (Written in Words) (In Figures) Silver Creek Drive 1 1920 SF Remove and Replace Stamped Concrete or the unit price of dollars per square foot. $�_ - $��a� ' 2 620 SF Remove and Replace P.C.C. Sidewalk for the unit ice of .t,_ 4' f i d ars sFuare -fddt. - per 3 2 EA Remove and Replace Catch Basin TypeI for the unit rirp C- dollars pftCadh. $ <C 4 2 EA Remove and Replace Part Local Depression for the q`it�price of dollars per eat . $ S 85 LF Remove and Replace Curb and ^ Gutter f the unit price of $ aO $t,Oe7 dollars lineae foot. s p 6 LS Adjust timber guard rails to grade for the lump sum price of dollars. $-- 1 %XD 7 LS m Traffic Control for the luKolaur—s. pric of $��� 8 100 CY Excavate and Recompact Material around Existing box culvert from subgrade surface to five feet deep only on direction of engin er for the unit price of $ ao5 $ dollars r tubi rd. -6- • SCHEDULE OF WORK ITEMS 0 SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET Item Approximate Work Items With Unit Price Unit Price Quantity (Written in Words) (In Figures) Total Amount 9 50 CY Excavate and Recompact Mater- ial around Existing Box Culvert from five feet below street sub - grade to ten feet deep only on direction of eniggleer for the unit price of dollars per cubit yard.) $ 40 $�p� Silver Creek Drive Rehabilitation at Hor,no Creek (Items 1 through 9) Bid Price (Enter here and on Page 3R) �- 4 �, J I $ Wor s ( Figures Mission Street to Ramos Street 10 403 L.F. Construct 12" dia, heavy duty polyethylene ipe for the unit price of dollars per lineal'" fodt. 11 3 EA Construct 36" x 36" catch basis ofd grate for thq unit pricet �r - Z J dollars pe eac , $ �J $S 12 1 EA Construct junction structure type VI per OCEMA Std Plan No. 1315 c for the941 nit pr ice of _`.��.�`,�'y-rte doll per each. h. $$� p2 $ J O�7 13 3 EA Pothole existing water service for the nit price of dollars per eac $ $ L 0 1�01 • SCHEDULE OF WORK ITEMS • SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND ' DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET Item Approximate Work Items With Unit Price Unit Price Quantity (Written in Words) (In Figures) Total Amount 14 2 EA Lower existing water service for the u it price of dollars per ea h. $ _ $ Le Silver CreekDrive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street (Bid Items 1 through 14),Bid Price (enter here and on Page 3R) &.A -1�- to,�Ja-�, M P-4tj $ L Figures aCP, ) S5 0 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Bea Gougeon, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: PROOF OF PUBLICATION: AUTHORIZED BY:C 1+ DATE: January 13, 1992 0 THURSDAY, JANUARY 23, 1992 THURSDAY, JANUARY 30, 1992 NOTICE INVITING BIDS - SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 Date of Bid Opening - 03/09/92 Date (s) notice published - 01/23/92 -01/30/92 Date affidavit received - Date notice posted in designated posting places (3) - 01/23/92 0 0 NOTICE INVITING BIDS REHABILITATION AT HORNO CREEK AND DRAINAGE Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Silver Creek Drive rehabilitation at Horno Creek and drainage improvements Mission Street to Ramos Street until 2:00 P.M. on the 9th day of March, 1992. A pre-bid conference is scheduled at 10:00 A.M. on the 24th day of February, 1992, at the City offices to assist contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at the non-refundable charge of $10.00, plus a charge of $5.00 for each set of Plans and Specifications mailed. Dated: January 13, 1992 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA 0 0 SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 9th day of March 1992, receive sealed proposals or bids for Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1991 Edition, including all supplements therefor, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifi- cations. 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 said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a.m, on the 24th day of February, 1992, at the City offices. The contractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not dis- seminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. 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 surety list provided herein. -1- 0 0 The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of Sixty (60) calendar days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of plans and specifications 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 $10, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor's License number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated: dCSC �C��y�C / � ��, / az CITY CLERW (/ CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- 0 0 CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Jones, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None 1. CITY TREASURER'S REPORT OF INVESTMENTS AS OF AUGUST 30, 1991 (350.30) The City Treasurer's Report of Investments as of August 30, 1991, in the total amount of $17,675,000 was received and filed. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated September 17, 1991, from the Director of Planning Services, regarding actions taken at the meeting of September 10, 1991, was ordered received and filed. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION_ ACTIONS (590.20) The Report dated September 17, 1991, from the Director of Engineering and Building, regarding actions taken at the meetings of July 10 and August 14, 1991, was ordered received and filed. �4. PLANS, SPECIFICATIONS, AND AUTHORIZATION TO RECEIVE BIDS - SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND DRAINAGE As set forth in the Report dated September 17, 1991, from the Director of Engineering and Building, the plans and specifi- cations were approved for the rehabilitation of Silver Creek Drive at Horno Creek and for drainage improvements from Mission Street to Ramos Street. Staff was authorized to call for bids. 5. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - 1991 WEED ABATEMENT PROGRAM (STEWART RANCH) (600.30) As set forth in the Report dated September 17, 1991, from the Director of Public Lands and Facilities, the following -3- 9/17/91 AGENDAITEM TO: FROM: SUBJECT: SITUATION September 17, 1991 Stephen B. Julian, City Manager William M. Huber, Director of Engineering & Building Approval of Plans and Specifications and Authorization to Receive Bids - Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements from Mission Street to Ramos Street Staff is requesting approval of plans and specifications and authorization to receive bids for two separate projects which have been grouped together for bidding purposes in order to achieve economy of scale. The projects are as follows: 1. Silver Creek Drive Rehabilitation at Horno Creek. Silver Creek Drive in Stoneridge crosses Horno Creek where the creek is carried in a double box culvert. The stamped concrete road and associated catch basins, curb, gutter and sidewalks have subsided since the development was constructed in the late 1970's. The area was pressure grouted to check for and fill any voids under the roadway about four years ago. A settlement survey of the area has been ongoing since 1987. Staff is satisfied that the area subsidence is essentially complete. This project will reconstruct the subsided roadway and drainage features. Silver Creek Drive is the only access to Horseshoe Bend. As removal and reconstruction of the stamped concrete will take possibly two weeks for each street half section, these construction operations limiting traffic to one direction at a time will be controlled by automatic battery operated traffic signals, 24 hours a day. Notification will be provided to all property owners and tenants within the project area, particularly Horseshoe Bend, prior to the start, noting the construction period. 2. Drainage Improvement - Mission Street to Ramos Street. There is a low area on Mission Street in the Little Hollywood area where water ponds after periods of rain. Although some water surface drains away, nuisance water usually remains. This project will pipe water to the existing storm drain in Ramos Street. An archaeologist will be present on site during excavation work. This project has been reviewed by the Community Redevelopment Agency for compatibility with the Agency's Los Rios Housing Project. FOR CITY COUNCIL AGEN x / AGENDA ITEM • • September 17, 1991 Page 2 NOTIFICATION Stoneridge Estates Homeowners Association COMMISSION/BOARD REVIEW, RECOMMENDATIONS The drainage improvements from Mission Street to Ramos Street have been reviewed by the Environmental Review Board and were presented as an information item to the Los Rios Review Committee. FINANCIAL CONSIDERATIONS The engineer's estimate for this project is $107,000. $75,000 is for the Silver Creek Drive Project and $32,000 is for the Mission Street Project. $281,165 has been budgeted in Account No. 12-6900-4705-116 for these and other drainage projects this year. Sufficient funds are available in this account for construction of the projects and sufficient funds will remain for the Sacarama Area Drainage Project. ALTERNATE ACTIONS 1. Approve the plans and specifications for Silver Creek Drive Rehabilitation at Horno Creek and drainage improvements from Mission Street to Ramos Street and authorize Staff to receive bids. 2. Do not approve the plans and specifications. 3. Refer to Staff for additional information. RECOMMENDATION By motion, approve the plans and specifications for Silver Creek Drive Rehabilitation at Horno Creek and drainage improvements from Mission Street to Ramos Street and authorize Staff to receive bids. Respectfully submitted, William M. Huber, P.E. WMH/BP:ssg • 0 ADDENDUM NO. I MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E. FRIESS GARYL HAUSOORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET The following changes to the plans and specifications are promulgated through this addendum. 1. Page 3 Delete Page 3 Add Page 31Z which is enclosed 2. Page 4 Delete Page 4 Add page 4R which is enclosed 3. Pae 6a Delete Page 6a Add Page 6aR and 6bR which are enclosed 4. Page SP -1 Delete Page SP -1 Add Page SP -1R which is enclosed A signed copy of this addendum shall accompany the bid. Contractor William M. Huber Director, Engineering & Building 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 0 BID PROPOSAL For the: Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street From: Contractor To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1991 Edition, including all supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes 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. For Silver CreekDrive Rehabilitation at Horno Creek (Bid Items 1 through 9) Words Figures For Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street (Bid Items 1 through 14) P 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 Specifica- tions or the drawings for the work. If the cmtract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution • thereof, and to diligently prosecute the work to completion before the expiration of Sixty (60) calendar days. -3R- • All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. The estimated quantities of work indicated in the proposal are approximate only being given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will 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 City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. • Accompanying this proposal is (Insert "$ -cash", cashier's check, certified check or bidder's bond on the forms from Pages 18 and 19 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid (Items 1 through 14). The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Licensed in accordance with an act providing for the registration of contractors -- License No. -4R- Signature of Bidder: SCHEDULE OF WORK ITEMS SILVER CREEK DRIVE REHABILITATION • AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET Item Approximate Work Items With Unit Price Unit Price Quantity (Written in Words) (In Figures) 9 50 CY Excavate and Recompact Mater- ial around Existing Box Culvert from five feet below street sub - grade to ten feet deep only on direction of engineer for the unit price of dollars per cubic yard. $ Total Amount Silver Creek Drive Rehabilitation at Horno Creek (Items 1 through 9) Bid Price (Enter here and on Page 3R) Figures Mission Street to Ramos Street 10 403 L.F. Construct 12" dia. heavy duty • polyethylene pipe for the unit price of dollars per lineal foot. $ $ 11 3 EA Construct 36" x 36" catch basis and grate for the unit price of dollars per each. $ $ 12 1 EA Construct junction structure type VI per OCEMA Std Plan No. 1315 for the unit price of dollars per each. $ $ 13 3 EA Pothole existing water service for the unit price of dollars per each. $ $ • -6aR- SCHEDULE OF WORK ITEMS SILVER CREEK DRIVE REHABILITATION • AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET Item Approximate Work Items With Unit Price Unit Price Quantity (Written in Words) (in Figures) 14 2 EA Lower existing water service for the unit price of dollars per each. $ Total Amount Silver CreekDrive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street (Bid Items 1 through 14) Bid Price (enter here and on Page 3R) Words Figures i 0 6bR- CITY OF SAN JUAN CAPISTRANO SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND • DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET SPECIAL PROVISIONS WORK TO BE DONE The work to be done under this contract in general, consists of the reconstruction of curb, gutter, catch basins, sidewalk, stamped concrete paving at Silver Creek Drive and the provision of new catch basins and a new storm drain from Mission Street to Ramos Street in the City of San Juan Capistrano. The work shall also include all other miscellaneous items and appurtenant work as contained in the contract documents. The City may elect to award a contract for Silver Creek Drive Rehabilitation only or for both projects, or may reject all bids. SECTION 1 - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1991 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 Director of Engineering & Building, 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 Director of Engineering & Building Services, within the time specified in such notice, the City 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 may designate. Upon such termination, the Contractor's control shall terminate and thereupon 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 may deem proper; or 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 therefor. 0 SP -1R CITY OF SAN JUAN CAPISTRANO • COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET • CITY COUNCIL KENNETH E. FRIESS, MAYOR LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER S. B. JULIAN DIRECTOR OF ENGINEERING do BUILDING WILLIAM M. HUBER JANUARY 1991 A TABLE OF CONTENTS • SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET TITLE PAG E CONTRACT DOCUMENTS NoticeInviting Bids...........................................................1 BidProposal...............................................................3 Scheduleof Work Items........................................................6 Non -Collusion Affidavit........................................................7 Designation of Sub-Contractors.................................................8 Instructions to Bidders.........................................................9 Contract....................................................................14 BidBond . ...............................................................18 PerformanceBond............................................................20 Labor do Material Bond........................................................22 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-2 Section4 Water .... .. ..........................................SP -2 Section 5 Insurance and Overhead Costs..................................SP-2 Section 6 Protection of Existing Utilities (USA) ........................... SP -3 Section 7 Protection of Private Property.................................SP-3 Section 8 Construction Zone............................................SP-3 Section 9 Pre -Construction Coordination Meeting .........................SP -3 Section 10 Archaeology.................................................SP-4 DETAIL SPECIFICATIONS AND METHOD OF PAYMENT Bid Item 1 Remove be Replace Stamped Concrete ..................... DS -1 Bid Item 2 Remove do Replace PCC Sidewalk ......................... DS -1 Bid Item 3 Remove be Replace Catch Basin Type II .................... DS -I Bid Item 4 Remove be Replace Part Local Depression .................. DS -2 Bid Item 5 Remove be Replace Curb do Gutter Type A 2-8 ............... DS -2 Bid Item 6 Adjust Timber Guard Rails to Grade ....................... DS -2 Bid Item 7 Traffic Control - Silver Creek Drive ....................... DS -2 Bid Item 8 Excavate and Recompact Zero to Five Feet Below Subgrade .. DS -3 Only on Direction of Engineer ............................. DS -3 Bid Item 9 Excavate and Recompact Five Feet Below Subgrade to Ten ... DS -3 Feet below 5ubgrade Only on Direction of Engineer .......... DS -3 TABLE OF CONTENTS SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET TITLE PAGE Bid Item 10 12" Dia. Heavy Duty Polyethylene Pipe ..................... DS -4 Bid Item 11 36" x 36" Catch Basin and Grate ........................... DS -4 Bid Item 12 Junction Structure Type VI ............................... DS -4 Bid Item 13 Pothole Existing Water Service ............................ DS -4 Bid Item 14 Lower Existing Water Service ............................. DS -4 • SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND • DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 9th day of March 1992, receive sealed proposals or bids for Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1991 Edition, including all supplements therefor, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifi- cations. 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 said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 am. on the 24th day of February, 1992, at the City offices. The contractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not dis- seminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. 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 surety list provided herein. -1- • The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of Sixty (60) calendar days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of plans and specifications 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 $10, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all plans and specifications mailed. • Each bidder shall state the California Contractor's License number of such bidder so I • 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 of the City of San Juan Capistrano, and is dated: CITY CLER CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- BID PROPOSAL • For the: Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street From: Contractor To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard _Specifications for Public Works Construction, 1991 Edition, including all supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes 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 Specifica- tions or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of Sixty (60) calendar 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 between unit prices and the extension thereof, the unit price shall prevail and bids will be I• computed as indicated above and compared on the basis of corrected totals. -3- • The estimated quantities of work indicated in the proposal are approximate only being given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will 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 City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. • Accompanying this proposal is (Insert "$ cash", cashier's check, certified check or bidder's bond on the forms from Pages 18 and 19 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 which 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. Signature of Bidder: • -4- • (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: Dated: Business Address 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: Dated: C� • -5- Signature of Bidder Telephone Number • Ll I• SCHEDULE OF WORK ITEMS SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET Item Approximate Work Items With Unit Price Quantity (Written in Words) Silver Creek Drive Unit Price Total Amount (In Figures) 1 1920 SF Remove and Replace Stamped Concrete for the unit price of dollars per square foot. $ $ 2 620 SF Remove and Replace P.C.C. Sidewalk for the unit price of dollars per square foot. $ $ 3 2 EA Remove and Replace Catch Basin Type II for the unit price of dollars per each. 4 2 EA Remove and Replace Part Local Depression for the unit price of dollars per each. 5 85 LF Remove and Replace Curb and Gutter for the unit price of _ dollars per linear foot. $ $ 6 LS Adjust timber guard rails to grade for the lump sum price of dollars. 7 LS Traffic Control for the lump sum price of dollars. $ 8 100 CY Excavate and Recompact Material around Existing box culvert from subgrade surface to five feet deep only on direction of engineer for the unit price of dollars per cubic yard. $ $ !SE SCHEDULE OF WORK ITEMS SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND • DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET • -6a- Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amount 9 50 CY Excavate and Recompact Mater- ial around Existing Box Culvert from five feet below street sub - grade to ten feet deep only on direction of engineer for the unit price of dollars per cubic yard. $ $ Mission Street to Ramos Street 10 403 L.F. Construct 12" dia. heavy duty polyethylene pipe for the unit price of dollars per lineal foot. $ $ 11 3 EA Construct 36" x 36" catch basis and grate for the unit price of • dollars per each. $ $ 12 1 EA Construct junction structure type VI per OCEMA Std Plan No. 1315 for the unit price of dollars per each. $ $ 13 3 EA Pothole existing water service for the unit price of dollars per each. $ $ 14 2 EA Lower existing water service for the unit price of dollars per each. $ $ Total Bid Price (Enter here and on Page 3) Words Figures • -6a- 11 • NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA County of and says that he is of ss. being first duly sworn deposes 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 any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other 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 any one 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: On this the day of SIGNATURE 19_ before me, the undersigned, a Notary Public in and for said State, personnally 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 acknowledged that executed it. WITNESS my hand and official seal. • Notary Public in and for said State -7- 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. 1. 2. • 3. 4. 5 6. 7. 8. • Item of Work Sub -Contractor Address Phone No. BIDDER'S NAME AUTHORIZED SIGNATURE 5a INSTRUCTION TO BIDDERS • Securing Documents Plans, Specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids". Examination of Plans, Specifications and Site of Work The bidder is required to examine the site of work, the Proposal, the Plans and the Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1991 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 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 will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. ME 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. 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 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 for such a sum of not less than ten (10) percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the • required bonds. -10- 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 and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten (10) percent of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. G. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids". Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawl of Bids • Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. is Opening of Bid Proposals The City will, in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids". Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids". The City, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. -11- The bidder to whom the award is made shall execute a written contract with the City and • furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after the notice of award of contract. The contract shall be made in the form adopted by the City. The release of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made upon the City's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the con- tract and bonds for the corporation is duly authorized to do so. Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of . the contract. Said bonds shall be secured from a surety company selected from the surety companies set forth in the Standard Specifications. Bonds must be submitted on the forms contained in these specifications. Time of 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 Sixty (60) calendar 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. -12- Workmen and Waees . Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids". • • Building Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. -13- 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 which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 1991 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council 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 Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street 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. -14- 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 impracticable and extremely difficult to fix the actual amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) per calendar 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 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 11 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 offices 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 -15- 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. 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. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or 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 Lessor, 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 construction agreement. 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 dollars ($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 -16- 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 Council action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN CAPISTRANO DATED: BY: MAYOR n U ATTEST: Cheryl Johnson, City Clerk APPROVED AS TO FORM: City Attorney • BY: CONTRACTOR -17- • 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. • -18- IN WITNESS WHEREOF, the above -bounden parties have executed this • instrument under their several seals this day of 19___, the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) ATTEST (If Corporation) Corporate Seal ATTEST • Title • BY: Title: BY: Title: -19- PRINCIPAL SURETY 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 attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -20- 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. 0 • Executed this day of , 19 , at , California. APPROVED AS TO FORM PRINCIPAL (NOTARIZATION AND SEAL) SURETY (NOTARIZATION AND SEAL) -21- 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 3, 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 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. 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. -22- 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. Is 11 APPROVED AS TO FORM By By -23- PRINCIPAL SURETY CITY OF SAN JUAN CAPISTRANO SILVER CREEK DRIVE REHABILITATION • AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET SPECIAL PROVISIONS WORK TO BE DONE The work to be done under this contract in general, consists of the reconstruction of curb, gutter, catch basins, sidewalk, stamped concrete paving at Silver Creek Drive and the provision of new catch basins and a new storm drain from Mission Street to Ramos Street in the City of San Juan Capistrano. The work shall also include all other miscellaneous items and appurtenant work as contained in the contract documents. SECTION 1 - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1991 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 Director of Engineering & Building, 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 Director of Engineering & Building Services, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. C1 Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon 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 may deem proper; or 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 therefor. SP -1 • In the event of such termination, all money due the Contractor retained under the terms of this contract shall.be forfeited to the City; but such forfeiture will not release the Contractor or the sureties from liability or failure to fulfill the contract. 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 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 8 - Facilities for Agency Personnel Delete this Section. 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 persons 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. SECTION 4 - WATER • Water will be available from the Capistrano Valley Water District. Arrangements for temporary construction water services permit and water service may be made by contacting the Capistrano Valley Water District at 714/493-1515 one week prior to need for service. All water facility construction shall conform to the "Standard Specifications," Capistrano Valley Water District, and "The Uniform Plumbing Code," 1982 Edition. 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. SP -2 ;ROUND SERI • 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 least 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 therefor. 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, ways or parking areas. The Contractor shall be responsible for investigating conditions 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. SECTION 9 - PRE -CONSTRUCTION COORDINATION MEETING Prior to the commencement 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 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. SP -3 SECTION 10 - ARCHAEOLOGY • The City will appoint an archaeologist who will make observations during trench excavations of construction on the Mission Street/Ramos Street project. The Contractor shall allow for the interference with construction that these observations normally would cause. The Contractor shall receive no direct compensation for this work and accordingly, these costs should be prorated to the appropriate bid item. • • SP -4 CITY OF SAN JUAN CAPISTRANO SILVER CREEK DRIVE REHABILITATION • AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET DETAIL SPECIFICATIONS AND METHOD OF PAYMENT BID ITEM 1 - REMOVE AND REPLACE STAMPED CONCRETE The work for this item shall consist of removing, disposing, and replacing the reinforced, stamped concrete as specified to the grades shown on the plans or staked in the field. This item shall also include providing, placing, and compacting to 95%, Class II aggregate base, to bring the underside of the new concrete area to grade. No vehicular traffic will be permitted on the new concrete until the expiration of at least seven (7) days. PAYMENT The unit price per square foot for removing and replacing the stamped concrete shall include all materials, tools, equipment, and incidentals necessary to complete the work and no additional payment shall be made therefor. BID ITEM 2 - REMOVE AND REPLACE P.C.C. SIDEWALK The work for this item shall consist of removing, disposing, and replacing the P.C.C. sidewalk per OCEMA Standard Plan No. 1205 to the grades shown on the plans or staked in the field. This item shall also include providing, placing and compacting to 95%, Class • II aggregate base, to bring the underside of the new sidewalk area to grade. PAYMENT • The unit price per square foot for removing and replacing the P.C.C. sidewalk shall include all materials, tools, equipment, and incidentals necessary to complete the work and no additional payment shall be made therefor. BID ITEM 3 - REMOVE AND REPLACE CATCH BASIN TYPE II The work for this item shall consist of removing, disposing, and replacing the catch basin Type II per OCEMA Standard Plan No. 1302 to the grades shown on the plan or staked in the field. This item shall also include connecting to the existing outlet pipe. PAYMENT The unit price per each for removing and replacing the catch basin Type II shall include all materials, tools, equipment, and incidentals necessary to complete the work and no additional payment shall be made therefor. DS -1 BID ITEM 4 - REMOVE AND REPLACE PART LOCAL DEPRESSION • The work for this item shall consist of removing, disposing, and replacing the part of the local depression shown on the plans per OCEMA Standard Plan No. 1308 to the grades shown on the plan or staked in the field. This item shall also include providing, placing, and compacting to 95%, Class II aggregate base, to bring the underside of the new local depression to grade. PAYMENT The unit price per square foot for removing and replacing the local depression shall include all materials, tools, equipment, and incidentals necessary to complete the work and no additional payment shall be made therefor. BID ITEM 5 - REMOVE AND REPLACE CURB AND GUTTER TYPE A2-8 The work for this item shall consist of removing, disposing, and replacing the part of curb and gutter type A2-8 shown on the plans per APWA Standard Plan No. 104-0 to the grades shown on the plan or staked in the field. This item shall also include providing, placing, and compacting to 95%, Class 11 aggregate base, to bring the underside of the new local depression to grade. PAYMENT The unit price per square foot for removing and replacing the stamped concrete shall include all materials, tools, equipment, and incidentals necessary to complete the work and no additional payment shall be made therefor. • BID ITEM 6 - ADJUST TIMBER GUARD RAILS TO GRADE • The work for this item shall consist of resetting the existing timber guard rails to an alignment Consistent and compatible with the back of sidewalk grades such that the top of rail is a constant height above sidewalk. PAYMENT The lump sum price for adjusting the existing timber guard rails to grade shall include all materials, tools, equipment and incidentals necessary to complete the work and no additional payment shall be made therefor. BID ITEM 7 - TRAFFIC CONTROL This bid item shall include all items necessary to provide traffic control on Silver Creek Drive during construction operations. Prior to the initiation of construction work, the Contractor shall submit to the Engineer, a traffic control plan that will ensure public and emergency vehicle access to all properties served by Silver Creek Drive. Said plan shall include a detached phasing schedule which notifies property owners, tenants, and emergency service providers of the situation in the project area. No construction shall proceed until such information has been received and approved by the Engineer. Traffic control shall conform to the requirements of the Standard Specifications and as directed by the Engineer. DS -2 The Contractor shall at all times provide safe and adequate access through the construction zone for both pedestrians and vehicles. Due to the limited width of Silver • Creek Drive throughout the construction zone, flag persons shall be required in order to assist the traveling public during construction operations. Construction operations limiting traffic to one direction at a time shall be controlled by automatic electrically operated traffic signals. It shall be the responsibility of the Contractor for 24 hours of the day, including weekends and holidays, to maintain all traffic control devices necessary to protect the public during construction operations. Notification shall be provided to all property owners and tenants within the project area prior to start of construction. Signs shall also be posted two weeks prior to the start, noting the construction period. PAYMENT The lump sum price bid for this item shall include all labor, materials, tools, equipment, and incidentals necessary for traffic control, and no additional compensation shall be made, FEET BELOW SUBGRAD Following exposure of the subgrade, the contractor shall seek direction from the engineer whether or not further excavation and recompaction is required. The work for this item shall include such excavation from subgrade to five feet deep and replacing and recompacting to 90%. The work is to be performed only if directed by the engineer. The item cost should be included in the bid total. • PAYMENT The unit price for this item shall include all labor materials, tools, equipment necessary to perform the work including minor fill material to reestablish subgrade level. The unit prices for other items should be sufficient whether the work in this item is required or not. Following exposure of the subgrade, the contractor shall seek direction from the engineer whether or not further excavation and recompaction is required. The work for this item shall include such excavation from five feet below subgrade to ten feet deep and replacing and recompacting to 90%. The work is to be performed only if directed by the engineer. The item cost should be included in the bid total. PAYMENT The unit price for this item shall include all labor materials, tools, equipment necessary to perform the work including minor fill material to reestablish subgrade level. The unit prices for other items should be sufficient whether the work in this item is required or not. DS -3 BID ITEM 10 - 12" DIA HEAVY DUTY POLYETHYLENE PIPE The work for this item shall consist of constructing the 12" diameter drain as specified including street reconstruction and traffic control. PAYMENT The unit price per lineal foot for constructing the 12" diameter drain shall include all materials, tools, equipment and incidentals necessary to complete the work, and no additional payment shall be made therefor. BID ITEM 11 - 36" X 36" CATCH BASIN AND GRATE The work for this item shall consist of constructing the catch basis and grates as specified including local grading to drain as shown on the plans. PAYMENT The unit price per each for constructing the 36" x 36" catch basin and grate shall include all materials, tools, equipment and incidentals necessary to complete the work and no additional payment shall be made therefor. BID ITEM 12 - JUNCTION STRUCTURE TYPE VI The work for this item shall consist of constructing the junction structure per OCEMA Std Plan No. 1315 including street reconstruction and traffic control. PAYMENT • The unit price per each for constructing the junction structure Type VI shall include all materials, tools, equipment and incidentals necessary to complete the work and no additional payment shall be made therefor. BID ITEM 13 - POTHOLE EXISTING WATER SERVICE The work for this item shall consist of excavating to locate existing water services along the line of the proposed pipeline. Any damage to the service shall be made good at the contractor's expense. PAYMENT The unit price per each for potholing the existing water service shall include all materials, tools, equipment and incidentals necessary to complete the work and no additional payment shall be made therefor. BID ITEM 14 - LOWER EXISTING WATER SERVICE The work for this item shall consist of lowering water services as shown on the plans or directed in the field. PAYMENT The unit price per each for lowering the existing water services shall include all • materials, tools, equipment and incidentals necessary to complete the work and no additional payment shall be made therefor. DS -4 DRUG USE IS 8 . I dMw► �v �um,m 1961 1776 CONTRACT ADDENDUM MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN The following changes to the Contract dated April 21, 1992, between the CITY OF SAN JUAN CAPISTRANO and LOS ANGELES ENGINEERING are promulgated through this addendum. Page 16, Seventh Section insert: 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. DATED: AP OVED AS TO FORM: Richard K. Denhalter, City Attorney ?/a 8/pz CITY OF SANaUAN CAPISTRANO BY: BY: O'Brien, President 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 CATALIN PACIFIC RWLIMINARY 20 DAY NOWE CONCRETE CO. 2025 E FINANCIAL WAY, GLENDORA, CA 91740 (818)852-6200 J1nr- THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE • INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR CONSTRUCTION LENDER OWNER or Reputed Owner or PUBLIC AGENCY IN COMPLIANCE WITH SECTION 3037 AND 3098 CALIFORNIA CIVIL CODE, YOU ARE HER- EBY NOTIFIED THAT ON THE DATE SHOWN HEREIN CATALINA PACIFIC CONCRETE CO., 2025 E FINANCIAL WAY, GLENDORA, CA FIRST FURNISHED TO THE ABOVE JOBSITE, LABOR, SERVICES, EQUIPMENT OR MATERIALS THE LABOR, SERVICES, EQUIPMENT OR MATERIALS FJR- NISHED OR TO BE FURNISHED CONSIST Or READY MIXED CONCRETE, CEMENT AND SERVICES. SUCH LABOR, SERVICES. EQUIPMENT OR MATERIAL WERE CONTRACTED FOR AND CHARGED TO THE CUSTOMER IDENTIFIED HEREIN. NOTICE TO PROPERTY OWNER IF 13Mq ARE NOT PAID IN FULL FOR THE LABOR, SER- "VICEQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PRO- CEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) RE- QUIRING YOUR CONTRACTOR TO FURNISH A SIGNED • nye {�� cry ,iTA+}T i RELEASE BY THE PERSON OR FIRM GIVING YOU • 'i2VKi ?i A''M Al #ci THIS NOTICE BEFORE MAKING PAYMENT TO YOUR • "A"i XIAN rAAT-f!q iA%9. 11 02,67.r CONTRACTOR OR (2) ANY OTHER METHOD OR DE- VICE WHICH IS APPROPRIATE UNDER THE • CIRCUMSTANCES THIS NOTICE OF COURSE, IS NOT INTENDED TO REFLECT IN ANY WAY ON THE tNTEG- RITY OR CREDIT STANDING OF OUR CUSTOMER, BUT IS GIVEN IN COMPLIANCE WITH THE ABOVE PROVISIONS OF THE CALIFORNIA CIVIL CODE. • WE HAVE APPRECIATED THE OPPORTUNITY OF FURNISHING MATERIAL FOR THIS JOB AND HOPE THAT IT IS PROGRESSING TO YOUR SATISFACTION. ORIGINAL CONTRACTOR or Reputed Contractor • //—�EGORDON D.DG.�RYAN y_� • U)S AiMS MIX�m�T% TNN. CREDIT MANAGER • <-J L _ ,T1 N F'1 I, CACI declare: that at Glendora, California on I, '12/10/92 at I DATE TIME , I served a copy of the Preliminary 20 Day Notice on the above lender, owner or reputed owner and original ME contractor or reputed original contractor by mailing the Notice first-class, certified or registered mail, postage prepaid, addressed to the person to whom notice is to be given. I declare, under penalty of perjury, that the foregoing is true and correct. i2J1OJ42 Signature of person''% Executed on at Glendora, California making service ► OTHER Interested Parties CUSTOMER - Identification • • Lt3S APJukOiES ERIl;LXFA:R1Nr INC. • • P.O. BOX 1606 • • BALM114 PARK, CA 91705 • FORM CRE -00410/90 B. POLICY AMENDMENTS This endorsement is issued In consideration of the policy premium. Notwithstanding any Inconsistent statement in the policy to which this endorsement Is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED, The City, Its elected or appointed officers, officials, employees and volunteers * Additional are Included as insureds with regard to damages and defense of claims arising from: (a) activltles performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the Insurance afforded by this policy shall be primary Insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the `lamed Insuredi's scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteers shall be in excess of this Insurance and shall not contribute with it, (OVER) LIABILITY ENDORSEMENT CITY OF SAN JUAN CAPLSTRANO RECEIVED 32400 Paseo Adelanto yy���� 8 Z 19 pM r9Z San Juan Capistnsno, California 92NTS ATTNt CITY CLERK' DEPARTMENT CITY F SAN A. POLICY INFORMATION JUAN C,wffrTcfoY(ement ,'/ Special Ins. OD. 1. Insurance Company Transcontinental Policy Number$_01065633 2. Policy Term (From) To 5/7/93 ;Endorsement Effective Date,- 5/1/92 3. Named Insured Ions Angeles Engineering 4. Address of ;Named Insured P O 91706 11 3. Limit of Liability Any One Occurrence Aggregate 1 ,nn 2 000 000 General Liability Aggregate (check one:) Applies "per location/project" X is twice the occurrence limit x 6. Deductible or Self-insured Retentl-n (Nil unless otherwise specifled? j 250 7. Coverage Is equivalent to: qor Property Dataage Insses Comprehensive General Liability form GL0002 (Ed 1/73) Commercial General Liability "claims -made' form CG0002 ' X 8. Bodily Injury and Property Damage Coverage Ist "claims -made" X "occurrence" If claims -made, the retroactive date Is _ B. POLICY AMENDMENTS This endorsement is issued In consideration of the policy premium. Notwithstanding any Inconsistent statement in the policy to which this endorsement Is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED, The City, Its elected or appointed officers, officials, employees and volunteers * Additional are Included as insureds with regard to damages and defense of claims arising from: (a) activltles performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the Insurance afforded by this policy shall be primary Insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the `lamed Insuredi's scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteers shall be in excess of this Insurance and shall not contribute with it, (OVER) � QT Ch one -Hri 1R1 Ra �1aFl P_Rf-R • •r-ii 3. 5COP9 OF COVERAGE_. This policy, If primary, affords coverage at least as broad as! (1) insurance Services Office form number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form comprehensive General Liability endorsement; or (2) Insurance Services Office Commercial General Liability Coverage, "occvrrence" form CG 0001 or "claims -made" form CG 0002; or ('i) if excess, affords coverage which is at least as broad as the primary Insurance forms referenced lu the preceding sections (U and (2). . 4. SEVERABILITY OF INTEREST. The insura.Re afforded by this pulicy applies separately to each Insured who Is seeking coverage or against Whom a claim Is made or a suit Is brought, except with respect to the Company's limit of liability. 3. PROVISIONS REGARDING THE IN5URED'5 DUTIES AFTEK ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage proyided to the City, its elected or appointed officers, officials, employees or volunteers. 6. CANCELLATION NOTICE. The Insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown In the heading of this endorsement. G INCIDENT AND CLAIM REPORT iNG PROCEOURE Incidents and claims are to be reported to the Insurer at: ATTN: Vickie Meal en, Claims Manager Title Department RGV, Inc. Company 1119 W. Glerioaks Blvd. — .._. Strut Addraasr - GlendaleCa. 91202 City State Zlp Code 8 24n-4110 tTe tptgne D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER 1,J[7m( ce- r �1 IS� (tt� i (print/type name), warrant that 1 have authority to bind the below listed insurance — company and y my sig. to ure hereon do sohtto this company, SIC" -URC OP AUTIIOMIlEO REP C-NTATIVE (orl$Inel slgn re requi ed on endorsement furiished to the City) CMWIZATICN: MV, Inc. TITLE: Underwriter ASS, 1119 W. Glertoaks Blvd. __ TELEP t ( 213 245-9464._,_ , W11 Lt9 4 . LIABILITY ENDORSEMENT CITY �F Si .N 3UAN CAPLSTRANO 32400 Paseo Adelanto San 3usn Capistrano, Califomle 92677 ATTNt POLICY INFORMATION 1. Insurance Company Transcontinental 2. Policy Term (From) 5/7/92 : (ToY5-777s 3, Named Insured Ins Angeles Eng' 4. Address of Tamed Insured P.OFA 3. Limit of Liability Any One Occurrence A RECEIVED MAY B 2 19 PM '9Z CITY CLERK CFPART4ENT CITY b'' StN '{.,� /�, E;iE�4 wFWerw;y `Special Ills. W. J Policy Number801065633 3 ;Endorsement Effective Data .5/7792 gate General Liability Aggregate (check one:) Applies "per location/project" X Is twice the occurrence limit x 6. Deductible or Self -Insured Retention Nil unless otherwise speclfled? j 250 7. Coverage Is equivalent to: d'or Property Damage Losses Comprehensive General Liability form GL0002 (Ed 1/73) Commercial General Liability "claims -made" form CG0002 _X 8. Bodily Injury and Property Dzmage Coverage Ise "claims -made" X "occurrence" If claims -made, the retroactive date Is POLICY AMENDMENTS This endorsement is Issued In consideration of the policy premium. Notwithstanding any Inconsistent statement in the policy to which this endorsement Is attached or any other endorsement attached thereto, It Is agreed as follows: 1. INSURED. The Clty, Its elected or appointed officers, officials, employees and volunteers * Additional are Included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2 CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the Insurance afforded by this policy shall be primary Insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the `lamed Insured's scheduled underlylig prunary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteers shall be in excess of this Insurance and shall not contribute with it. (OVER) lli�4r. r.n oma-ra., 1nijio, m;14n P. or. 3. SCOPE OF COYERAGP-. This policy, If primary, affords coverage at least as broad as: (1) insurance, Services Ofli,�e form number GL 0002 (Ed. 1/73), Comprehensive General Liability lnsu(anrr and .nsarance Services Office form number CL 0404 Broad Porm comprehensive General Liability endorsement; or (2) insurance Services Office Commercial General Liability Coverage, "occurrence" form CG 0001 or "claims -made" form CG 0002; or (3) if excess, affords coverage which is at least as broad as the primary insurance forms referenced lu the preceding sections (1) and (2). 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each Insured who Is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. S. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its elected or appointed officers, officials, employees or volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by edified mail return receipt requested has been given to the City. Such notice shall be addressed as shown In the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be cepa fed to the Insurer at% ATTNt Vickie Medlen, Claims Manager Title Department RGV, Inc. (Company) 1119 W. Glenoaks Blvd. StreetAddreia)--- - -* '_­_ ' '—­-. GlendaleCa. 91202 Glty State Z(p Code elephone D. SIGNATURE OF INSURER OR AUTHORIZED REPRESZNTATIYE OF THE INSURER fsRY1(r_G' 11rlL��A�Pf{print/type name), warrant that I have authority to bind the below listed insurance company and by y sig"re hereon do so bir>I1 this company. kC OP AUTHORIZED RE4�125CNTATIVI (orlglnal required on endorsement fdrnlshed to the City) (34CYNNIZATIC N: RGV, Inc. ASS: 1119 W. Glenoaks Blvd. TITLE: Underwriter TSH1, Chen, -Ho • RECEIVED An 3 i 48 aN 19Z CITY CLERK DEPARTMENT CITY OF SAN JUAN CAPISTRANC+ A. POLICY INFORMATION 1.^-.1'574314c^^• P. 87 • LIABILITY ENDORSEMENT CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano Cafifomla 92673 ATTNi Ins. Co. Endorsement ;J Special 1. Insurance Company Transcontinental Policy Number 1065633 2. Policy Term (From) 5/7/91 To 5/7/92 Endorsement Effective Date 4/1/92 3. Named Insured Los Angles Engineering 4. Address of Named Insured P.O1 1706 3. Limit of Liability Any One Occurrence Aggregate _nnn _nnn 2.000.000 General Liability Aggregate (check one:) Applies "per location/project" X Is twice the occurrence limit X 6. Deductible or Self -Insured Retention (Nil unless otherwise specifledk $ 250 7. Coverage is equivalent to: (For Property Damage Losses Comprehensive General Liability form GL0002 (Ed 1/73) Commercial General Liability "claims -made" form CG0002 ' X 8. Bodily Injury and Property Damage Coverage is: "claims -made" X "occurrence" If claims -made, the retroactive date is B. POLICY AMENDMENTS This endorsement is Issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The City, its elected or appointed officers, officials, employees and volunteers * Additional are Included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be prlmary insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteers shall be in excess of this Insurance and shall not contribute with it. (OVER) • TGnT. Ch a,n --Hn 1 9 S 7 4� 1 4. P-"% 3. SCOPE Of COYERAGE. This policy, It primary, affords Coverage at (east as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and insurance Services Office form number- GL OvOa broad Form comprehensive General Liability endorsement; or (2) insurance Services Office Commercial General Liability Coverage, "occurrence" form CC, 0001 or "claims -made" form CG 0002; or (3) If excess, affords coverage which is at least as broad as the primary insurance (oris referenced In tine preceding sections (U and (2). . 0. SEYERABIIJTY OF INTEREST. The insurasx:e afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. J. PROVISIONS REGARDING THE INSUKEIYS DUTIES AFTER ACCIDENT OR LOSS Any failure to comply with reporting provisions of the policy shill not affect coverage provided to the City, its elected or appointed officers, officials, employees or volunteers 6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown In the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: D. ATTN: Vickie Medlen, Claims i"_ a er Title Department RGV, Inc. Company r. 1119 W. Glenciak_s Blvd. res —.__. Street Addcj_ Glendale Ca. 91202 City State Zip Code •1 1 name), warrant that I have authority to bind the below listed !on do so bind this company. [ NAT RL OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the City) CMANI7ATIOM RGV, Inc. TITLE-. Underwriter ADEMSt 1119 W. Glenoaks Blvd. _ TELEPrUEt ( 213 245-9464__._ IN ACCORDAN WITH SECTION 3097 AND 3098, CALIFr 'NIA CIVIL CODE J5346 THIS IS NPT A LIEN, THIS ISfQT A rtEFLECTION ON THE INTEGRITY OF ANY JNTRACTOR OR SUBCONTRACTOR v YOU ARE HEREBY NOTIFIED THAT... 1184 318059 EL TORO MATERIALS CONSTRUCTION LENDER or 20B51 EL TORO RD. Reputed Construction Lender, if any. EL TORO, CA 92630 has furnished a will furnish labor, services, equOrnem m mererbls NONE/BOND CO: of the following general description: TIPTON I CO 3409 TEMPEL ST SAND AND GRAVEL MATERIALS LLOS ANGELES CA 90026 J ❑ Jobab Is Federal PWft Wok for the building, ernmm m odrer wok of irnimmernard WAMW at: Tide 40 USE Sec 27GA•270E ADC. FOLD HERE'SILVER CREEK DR REHABIL— / IATION B HORNO CREEK i DRAINAGE IMPROVEMENT' BETWEEN MISSION ST E RAMOS ST P 813901 SAN JUAN CAPISTRANO CA QThe name of the person or firm whc owdracfad fm the pumhrs of OWNER or PUBLIC AGENCY such labor' s'nac°'' eW Wnem w msbrld h: W or Reputed Owner (on public work) 818--969-0456 (on private work) N LOS ANGELES ENGIkEERINO r INC P 0 BOX 1606 E BALDWIN PARK CA 91706 CITY OF SAN JUAN CAP I STRANO An estimate of the touebriNw price a the lana, services, equl"ant m R 32400 PASEO ADELANTO rre fumfshed a to be furnished is: SANJUANCAFISTRANO CA L6 Tnrt Furala to rMrIM atgpbnrnW FArrp@wwftanlyabb. C O FOLD HERE 'tfw{y P Additional trust funds to which supplemental fringe bonedfe are payable are IWW on the backside. Y NOTICE TO PROPERTY OWNER P 813902 M bRe are not paid In full for the War, eervbee, equip - quipmeat, mm ,or mebrlek fumiat" or to be furnished. a m► chaniD'ar Nen NedYg to Ute Ion, through Court foredo- ondosure sureprooeedlill of mill or part of. your Property bake so ImPfarfad may be Placed impanel the Property even QR 1141t�At CG?MTf1+�CTQR or Ihouph you hbiw paid. your 4erdmadw In *A You may _ - - Reputed Contactor, if any wbftMP►obClyoVn> ItMMInistilds"nsmalims"bY(1) nquhlrfpyowoo rtohxnMbdeyyrledrNvMeby . - - - the Person or fhm ylMre you 00 nodes bWwgv raWYfp . x818-969-0456 parymaM Is your c ormadar or (2) arty 0"m mmihoe or de flift w fkh 6 pproprlehr finder the draunradminses. Dated: LOS ANGELES ENGRG INC 10/23/92 P 0 BOX 1606 LBALDWIN PARK CA 91706 J epnatun ry *6100. Telephone Numbdr( 619 _ I 10/12/92 Ry��'This form distributed by P.O. Box 851WrW8132, San Diego, CA 921685'(52.(619) 660.4722, o&7M RGV INSURANCE AGENCY 1119 W. Glens aks blvd. P.O. Box 10190 GLENDALE, CA 91205.3190 AO COMPANY A CRA lET7EA B TRA IM AN( AIM BNGINSEMG INC �Tm kY C P.O. BOX 1606 BALDWIN PARK, CA 91906 LEaTTTEEA> A" D Lmm E 1 rKS M TO CENT" TWIT THE POUCKS OF M911RANCE LWM RUM NAVE BEEN 18611E ■CICATED. NORNIRHSTANOMNM ANY REOUNIEMEIR, TERM OR O DNOMON OF ANY CONTR CERTWICATE MAY BE ISSUE -0 OR MAY PERTAN. THE MBURANCE AFFORDED 6Y THE PCI ExcLUBCNB AIH) CO'DMONS OF st POLICES. LMRRB 9HDWN MAY HAYS BEEN REGI X" YYKOPINN IAmm POUDY mmmm �vI ■ MMLUMU" X ODMMFAcwL QLNCRAL Wean A CIAM■NAXFX7 n 001063M OSM/92 OWNL" ■ CONTRAL'W1P■ DoT A■TOaORF uumm ANY mm ALL 004M NJM6 g 90HEIra D NJf06 I IDZM77 05107/92 14 AD AUTOS HWOWNID AlTM OAMOE UA■ rTY OTIFR THAN WIREU.A R*W 1 1 AM IM ■wumu LUWKM • 0 o� n P M• n a :D m v V O o t Is o n 0 : M M M O m O m M O n [n S O p M nm m 1+ H no z O n = n O < n d ] H D o m m 1 o b H i o]] n.-] n^. Ho p 3ubo bdbbo c •e nn o O•n0n nn 1 mn9 ]r•Hmm N 2 M C C B m C 1-- n] to0 n O f1 O n n 0 b n F• d m y m a n n m n n n n y]] r- m m S .•'O n 0 0 m n n boo 0 ,c m o n o] O r n In M] ] n n ] O H n 2 m m w mnm mc.Mn O �n C �nAn om o.Mnn O m c a m b m m n m n•O ^ b] n9 I a O O 0 O H M M m Q d n •p x d ,'■ Cm n < m n m S n y o n �-• m] M d .- M 9 a R] n nm nr• mnm0m r ] •a o m ] H .•. n Sv aP. m TJ b0. r] i mM i mmo] HbmrB0 t' o n1 n t m m w m" 1 m c y b .•obM0 pp m m 19 < m O n n i 0Mm Bn cm.M+ z oa .y. m ] s ]9L n+ m p mT0 dm Mmmi aZ n r• n •< n n] 0 m •jrd 00, HO A F• ]] p0 n m d n r p O O b H O a m H ] O m H m n n f7 m] •O r m M •O Moa rn►io nn no as m< n C e: n n O n r H p Orm mnmmO m m9 r{ 0MM n HnO nm Lm o nrmn P1 Ate. p SnM 0 `< 0.O mS71SM ]d 0.0 nS p b m w0l9 m m y 9 m 9n m rlm Ln Ll mmo H O r to M 9 pm m Y m]n H mdMfl m 7 67 S O m n m m 0o m S m am u M o 0 M7 m mo M n M m r K • m r ] m A rn 16+,gN OF OP®IA AEw ' RE: SILVER CREEK DRIVE RMASELI TATIOPI AT HORNO CREEK AND DRAINAGE z o m VAPROVEMENTS MISSION STREET TO RAMOS STREET. ADDITIONAL INSUREDS PER FORMS INCLUDED SHOULD ANY OF THE ADOBE DE9CAM POLCIES BE CANCELLED BEFORE THE City of San Jn81t CapiBtPD11D EXPBUTION DATE THEREOF. THE MING COMPANY aal.LfV9MWG -" Dept, of Building do Safety MIL Aq— DAYS WRIREN NOTICE TO THE WRTIROATE HOLDER NAMED TO THE 32406 Paseo Adelanto LEFT, 9W vp we San Juan CapiDtma, CA Z00/Z00 in 33MY&ISNI Aga ZITO CPZ fTZ$ Lig:OT ZD/ZD/OT (916)240-4310 (213)245-9464 FAX TRANSMITTAL COVER SHEET TO: i(7tA.l.LXL. &.f 1QfY1Gf Qk FAX NO.�' -- 'as 3 COMPANY: CITY/STATE/COUNTRY: FROM: l JJ.)d t� FAX NO. 1213)245-6112 DATE: 10 --a-qq,, TIME: 10", S - NUMBER OF PAGES(/. RE: nj:;6 (including this page) /� j NOTES: � tkICV. IYVZ ClkA a- . 4: PLEASE NOTIFY US IMMEDIATELY IF YOU DO NOT RECEIVE ALL PAGES Z00/1001tj 33NV32SNI ADH ZT19 0Z £TZQ LY:OT Z8/Z0/0T 0 R P STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 0 l6c,I52, 3-,f ) COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE SEPTEMBER 23, 1992 POLICY NUMBER: 1223509 - 92 CERTIFICATE EXPIRES: 2-1-93 r - CITY OF SAN JUAN CAPISTRANO DEPT OF BUILDING AND SAFETY 32400 PASEO ADELANITO SAN JUAN CAPISTRANO, CA 92675 JOB: SILVER CREEK DR REHAB AT MORNO CREEK b DRAINAGE L IMPROVEMENTS MISSION ST. TO RAMOS ST./10 EMPLOYEES This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. ._. 30 This policy is not subject to cancellation by the Fund except upon WR days' advance written notice to the employer. 30 We will also give you Tfy days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. X. PRESIDENT EMPLOYER'S LIABILITY LIMIT: $3,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 09/23/92 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF SAN JUAN CAPISTRANO ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09/23/92 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. SPECIMEN ENDORSEMENTS #0015 AND #2065 ATTACHED. LOS ANGELES ENGINEERING, INC. P.O. BOX 1606 (MAIL TO ER) BALDWIN PARK CA 91706 W SCIF 102621REV. 10-96) -o N T 17 LU � EMPLOYER LOS ANGELES ENGINEERING, INC. P.O. BOX 1606 (MAIL TO ER) BALDWIN PARK CA 91706 W SCIF 102621REV. 10-96) 5 STATE COMPENSATION I NSUFTANCE FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 14:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME r - • CERTIFICATE HOLDERS' NOT* ENDORSEMENT AGREEMENT 20-00-354 EXHIBIT C ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED UNTIL: 30 DAYS AFTER WRITTEN NOTICE OF SUCH CANCELLATION HAS BEEN PLACED IN THE MAIL BY STATE FUND TO CURRENT HOLDERS OF CERTIFICATE OF WORKERS' COMPENSATION INSURANCE. NOTHIN ITHIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND' `1'OF'rllt_HE TERMS. CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER�HAr S ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD T RY, W RLI THE MS, NS EE OR LIMI. %avoc- T ATIO S F HIS 10 S u 2065 COUNTERSIGNED A S ED N F ISC Lwl 8/88 AUTHORIZEDREPRI SCIF 10516(REV. 30-66) PRESIDENT OLD FORM 516 I' L I 0 HOME OFFICE ' SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 17:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME f ENDORSEMENT AGREEMENT i Aa7='.'.I:dG IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT (NAME OF ADDITIONAL INSURED EMPLOYER: ONE NAME PER ENDORSEMENT) IS.HEREBY NAMED AS AN ADDITIONAL INSURED EMPLOYER ON THIS POLICY BUT ONLY AS RESPECTS EMPLOYEES WHOSE NAMES APPEAR ON THE PAYROLL RECORDS OF (POLICY NAME) (HEREIN CALLED THE PRIMARY INSURED) WHILE THOSE EMPLOYEES ARE ENGAGED IN WORK UNDER THE SIMULTANEOUS DIRECTION AND CONTROL OF THE PRIMARY INSURED AND THE ADDITIONAL INSURED EMPLOYER. IT IS FURTHER AGREED THAT THE PAYMENT OF THE FULL PREMIUM DUE AND PAYABLE UNDER THIS POLICY SHALL REMAIN THE SOLE RESPONSIBILITY OF THE PRIMARY INSURED. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL RE HELD TO VARY, ALTER, WAIVE OR ,C` A PY4THt^�,_ M5/C�QOITIDi."'AC'TL(EF+"!7T5, S..":'^IMI '�9+.IS OF THIS POLI ERA91INT119 E . N IN EL W RE IS O SHALLSE HEL RYR,0IT TH ER 10 S, R N SOR LIMI- TAT FT O 0015 COUN7ERSIGNED AND ISSUED AT SAN FRANCISCO: AUTHORIZED REPRESENTATIVE PRESIDENT - 8/B8 SCIF 10516 (REV. 10.861 OLD FORM 516 s STATE P.O. BOX 807, SAN FRANCISCO, CA 94101-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE APRIL 3, 1992 1223509 - 92 POLICY NUMBER: 2-1-93 CERTIFICATE EXPIRES: r CITY OF SAN JUAN CAPISTRANO DEPT OF BUILDING AND SAFETY 32400 PASEO ADELANITO SAN JUAN CAPISTRANO, CA 92675 JOB: L SILVER CREEK DRIVE REHAB AT HORNO CREEK & DRAINAGE IMPROVEMENTS MISSION ST. TO RAMOS ST./10 EMPLOYEES This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy(leriod indicated. This policy is not subjectOto cancellation by the Fund except upon &A days' advance written notice to the employer. We will also give you TiA days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT EMPLOYER'S LIABILITY LIMIT: $3,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 04/03/92 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF SAN JUAN CAPISTRANO ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04/03/92 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. SPECIMEN ENDORSEMENTS #0015 AND #2065 ATTACHED. c znrn� sr,t a ry -F9y f� 'vO�n T r r"M In On n==om -0 c z �C 0 F - L EMPLOYER LOS ANGELES ENGINEERING, INC. P.O. BOX 1606 BALDWIN PARK, CA 91706 SCIF 30262 (REV. 10-86) OLD 262A i ATE 7 f.-)4k,�¢NSATION ..11J �1%.RAfJCE r -UN® f HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12'01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME •ADDITIONAL INSURED EMPLOY• ENDORSEMENT AGREEMENT 20-00-352 EXHIBIT B ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT (NAME OF ADDITIONAL INSURED EMPLOYER: ONE NAME PER ENDORSEMENT) IS HEREBY NAMED AS AN ADDITIONAL INSURED EMPLOYER ON THIS POLICY BUT ONLY AS RESPECTS EMPLOYEES WHOSE NAMES APPEAR ON THE PAYROLL RECORDS OF l (POLICY NAME) (HEREIN CALLED THE PRIMARY INSURED) WHILE THOSE EMPLOYEES ARE ENGAGED IN WORK UNDER THE SIMULTANEOUS DIRECTION AND CONTROL OF THE PRIMARY INSURED AND THE ADDITIONAL INSURED EMPLOYER. IT IS FURTHER AGREED THAT THE PAYMENT OF THE FULL PREMIUM DUE AND PAYABLE UNDER THIS POLICY SHALL REMAIN THE SOLE RESPONSIBILITY OF THE PRIMARY INSURED. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR�( A Y TH I MS ITI A TS, IMI SOF THIS POLE ER T4 AS Or�VE G .N IN EL RE IS O SHALLBE • HEL RY R. 0 MIT TH ER 10 S, R N S OR LIMI- f TAT F T S NDO NT 0015 COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: Br8$ =,JTHORIZED REPRESENTATIVE PRESIDENT - SCIF 10516 (REV. 10.84 - -- OLD FORM 516 c STA'T'E COMPENSATION I N S U R A N C E FUND HOMEOFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME • CERTIFICATE HOLDERS' NOTO ENDORSEMENT AGREEMENT 20-00-354 EXHIBIT C ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED UNTIL: 30 DAYS AFTER WRITTEN NOTICE OF SUCH CANCELLATION HAS BEEN PLACED IN THE MAIL BY STATE FUND TO CURRENT HOLDERS OF CERTIFICATE OF WORKERS' COMPENSATION INSURANCE. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD T RY, c W RLIULTTHET MS.fQ.NqITI NS EE OR UMI. TATIO S F HIS I'D S gram milwillrFAIJ7 �. 8/88 AUTHORIZED REPRESENTATIVE SCIF 10516 (REV. 10.66) 2065 NDENT OLD FORM 616 ,__. +0 February 2, 1993 Los Angeles Engineering P. O. Box 1606 Baldwin Park, California 91706 two imonennto (Sill lilts 1961 1776 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSDORFER GILJONES CAROLYN NASH JEFF VASOUEZ CITY MANAGER GEORGE SCARBOROUGH Re: Completion of Rehabilitation of Silver Creek Drive/Drainage Improvements Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held January 5, 1993, adopted Resolution No. 93-1-5-1, accepting the work completed for the rehabilitation of Silver Creek Drive at Horno Creek and Drainage Improvements, Mission Street to Ramos Street, in the amount of $59,605.72. A copy of Resolution No. 93-1-5-1 is enclosed for your information. The retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on January 12, 1993; therefore, the final payment may be released on February 16, 1993. Thank you for your cooperation. Very truly yours, Cheryl Jo so A(& City Clerk Enclosure cc: Susan Ertelt, Seabreeze Management Co. Director of Engineering and Building Brian Perry Accounts Payable 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 • August 26, 1992 Los Angeles Engineering, Inc. P.O. Box 1606 Baldwin Park, CA 91706 MEMBERS OF THE CITY COUNCIL KENNETH E FRIESS JERRY HARRIS GARY HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN 8 JULIAN Re: Silver Creek Drive Rehabilitation at Horno Creek and Drainage Improvements Mission Street to Ramos Street Gentlemen: Enclosed are two copies of the Contract Addendum for the above subject project. Please sign these documents and return them to this office together with current insurance certificates for all required insurance including Workers' Compensation. Once these have been received I hope that we can hold a pre -construction meeting and issue the Notice to Proceed. Very truly yours Brian Perry Senior Civil 7: L BP/st Attachments cc: Dawn Schanderl V 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 Silver Creek Drive Rehabilitat�n Agenda Item - Mailing List • . h Brongo Construction 109 La Placentia San Clemente, CA 92672 Seven -C's Construction 34101 Violet Lantern Dana Point, CA 92629 Kennedy Pipeline 61 Argonaut P.O. Box 3460 Aliso Viejo, CA 92656 Damon Construction Co. 455 Carson Plaza Drive Unit F Carson, CA 90746 Atlas -Allied, Inc. 1210 N. Las Brisas Anaheim, CA 92806 Los Angeles Engineering Inc. P.O. Box 1606 Baldwin Park, CA 91706 Ms. Susan Ertelt Seabreeze Management Co. 31 Journey, Suite 250 Aliso Viejo, CA 92656 William L. Murdock General Engineering Contractor P.O. Box 3446 Chatsworth, CA 91313-3446 J. McLoughlin Engineering Co. 9240 Old Ranch Road Alta Loma, CA 91701 4/21/92 Excel Paving Co. 2239 Lemon Avenue P.O. Box 6405 Long Beach, CA 90806-5195 Swede Development Co. P.O. Box 3071 San Clemente, CA 92672 Nottson Construction 26420 Palomar Road Romoland, CA 92575 Wakeham -Baker Inc. 11225 Slater Avenue Fountain Valley, CA 92708 BOND # P2500399 • • PREMIUM: $1,352.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That LOS ANGELES ENGINEERING, INC. as Principal, hereinafter called CONTRACTOR, and PLANET INSURANCE COMPANY 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 SIXTY-SEVEN THOUSAND SIX HUNDRED TEN ($67,610.00) 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): SILVER CREEK DRIVE REHABILI'T;ION AT HORNO CREEK AND DRAINAGE IMPROVEMENT MISSION STREET TO RAMOS STREET 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. Said Surety, for value received, hereby extension of time, alteration, or modification of tt to be performed thereunder, shall in any way affe< does hereby waive notice of any such change, modifications of the contract documents or of work Executed this 6TH day of APRIL LOS ANGELES , California. APPROVED AS TO FORM 1 v N R. SHAW, CITY ATTORNEY PRINC AiJEn1 (NOTA SURET F- 00 -:y AZT„ w'U0 n Dw �m�°mT po �3 Dr �7oD 6 (NOTARIZAvTION AND SEAL) ALLAN J SAUNDERS-ATTORNY-IN-FACT State of California, SS: } County of LOS ANGELES J On this 6TH , day of APRIL in the year L992 , before me Notary of Public personally appeared ALLAN AN J SAUNDERS , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney - In -Fact of PLANET INSURANCE COMPANY, and acknowledged to me that PLANET INSURANCE COMPANY executed the instrument. My Commission expires , 19 - BDP -1818 9 BDP -1818 ED.6/83 (CALIF.) t . BOND# P2500399 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 LOS ANGELES ENGINEERING, INC. License No. 591176 A hereinafter designated as "Principal",a contract for SILVER DRIVE REMABILITI'DN"; !�T-A6hN6�CREEK AND DRAINING IMPROVEMENTS MISSION STREET , and TO RAMOS STREET 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 LOS ANGELES ENGINEERING, INC. Principal, and PLANET INSURANCE COMPANY— , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of SIXTY SEVEN THOUSAND SIX HUNDRED TEN DOLLARS ($ 67,610.00), 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 3, 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 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. As a part of the obligation s., -cured 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. _22_ 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 6TH day of APRIL 19 92 . 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. APPROVED AS TO FORM STATE OF CALIFORNIA l }ss. COUNTY OF OFFICIAL SEAL ' RgMO^1 C. ARTEAGA �aq� No!c"' .-blit-California ��`��� LOS F,; �,, -._c.; COUNTY My Coir,�,,,is;on Expires April 29, 1994 ACKNOWLEOOMENT—Cort, —Res 6 S[ —"WIS FWm 222CA—Flav It BJ 1963 WOLCOTTS. INC W" Class Ail LOS ANGELES ENGINEERING INC. PRINCIP L By K etu5 r2a = � �1pe Dzn1T PLANET INSURANCE COMPANY SURETY By /I I /K ALLAN J S DERS-ATTORNEY-IN-FACT On this -Tr" day of A-P2L (— , In the year 19 �y before me, the undersigned, a Notary Public In and for said State, personally appeared �! I Ei �4�i O rt3ha ate/ and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within Instrument as President and t/ Secretary, respectively, of the Corporation therein named, and acknowledged to me that the Corporation executed It pursuant to Its by-laws or a resolution of Its board of directors. WITNESS my hand and official a Notary Public In and for said State. State of California, }County of LOS ANGELES J SS: On this 6TH ,day of APRIL in the year L992 ,before me Notary of Public personally appeared ALLAN l SAUNDERS , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -In -Fact of PLANET INSURANCE COMPANY, and acknowledged to me that PLANET INSURANCE COMPANY executed the instrument. r: ix, My Commission expires 19 Notary Public in and for said County BDP -1818 ED.6/83 (CALIF.) 1=ZrANET9INT0V2t.ANCE CCWPANY HEAD OFFICE, MADISON, WISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the PLANET INSURANCE COMPANY, a corporation duly organized under the laws of the State of Wisconsin, does hereby make, constitute and appoint ALLAN J. SAUNDERS of LOS ANGELES, CALIFORNIA --- its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, and a its so and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP --- and to bind the PLANET INSURANCE COMPANY thereby as fully and to the same extent a if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officar of the PLANET INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(sl-in-Fact may do in pursuance hereof. This Power of Attorney is panted under and by authority of Article VII of the By -Laws of PLANET INSURANCE COMPANY which became effective September 21, 1981, which provisions aro now in full force and effect, reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attomays-in-Fact and to authorize them to execute on. behalf of the Company, bonds and undertakings, recognizanos, contracts of indemnity and other writings obligatory in the nature thereof, and (bl to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him. 2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizanos, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizarim, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys -in -Fact shall hove power and authority to execute affidavits required to be attached to bonds, recognizences, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of PLANET INSURANCE COMPANY at a meeting held on the 29th day of March, 1982, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney orany certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached:" IN WITNESS WHEREOF, the PLANET INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporate seal to be hereto affixed, this 13th day of February 19 85 PLANET INSSUURANCC�EE COMPANY / Vice President STATE OF Washington COUNTY OF King On this 13th hey of February 1985 personally appeared Charles E. Schmalz to me known to be the Vice -President of the PLANET INSURANCE COMPANY, and acknowledged that he executed end attested the foropoirg instrument and affixed the seal of aid corporation thereto, and that Article VII, section1, 2, and 3 of the Bv-Lam oI id Comoany, and the. Reso:u•iar, sat forth therein, are still in full form. �_�..-�J / / J My Commission Expires: July 20 ,19 86 Notary Public in and for State of Washington Residing at Milton I, , Assistant Secretary of the PLANET INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said PLANET INSURANCE COMPANY, which is still in full force and effect. IN WITNESS WHEREOF, I hove hereunto set my hand and affixed the seal of aid Company this 6TH day of APRIL 19 92 Assistant Secretary