07-0122_DOTY BROTHERS EQUIPMENT, CO_ContractRECORDING REQUESTED
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
City of San Juan Capistrano
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Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
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This Space for Recorder's Use Only
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan
Capistrano to Doty Brothers Equipment Co., 11232 E. Firestone Blvd., Norwalk, CA 90650 for
the Paseo Crucero Waterline Replacement.
That said work was completed on January 22, 2007, by said company according to plans and
specifications, and that said work was accepted by the City Council of the City of San Juan
Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a
regular meeting thereof held on the 6`n day of February, 2007, by Resolution No. 07-02-06-01.
That upon said contract, the Fidelity and Deposit Company of Maryland was surety for the bonds
given by the said company as required by law.
Dated at San Juan Capistrano, California, this 6th day of
Marga.,p6tR. Monahan, City Clerk
City 9f Salp Juan Capistrano
STATE OF CALIFORNIA ) \
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City
Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of
perjury that the foregoing Notice of Completion was duly and regularly ordered to be recorded in
the Office of the Orange County Recorder by said City Clerk.
Dated at San Juan Capistrano this 7 th day of Fe ary, 2007.
Monahan, City i
Juan Capistrano
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CONSTRUCTION CONTRACT
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/� yUT, HIS CONTRACT is made and entered into, to be effective, this ag day of
�`U, 2006, by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as "City," and Doty Brothers Equipment, Co.,
hereinafter referred to as "Contractor."
City and Contractor mutually agree as follows:
Section 1. General Conditions.
Contractor certifies and agrees that all the terms, conditions and obligations of
the Contract Documents as hereinafter defined, the location of the job site, and the
conditions under which the work is to be performed have been thoroughly reviewed, and
enters into this Contract based upon Contractor's investigation of all such matters and is
in no way relying upon any opinions or representations of City. It is agreed that this
Contract represents the entire agyeement between the parties. It is further agreed that
the Contract Documents including the Notice Inviting Bids, Special Instructions to
Bidders, if any, and Contractor's Proposal are incorporated in this Contract by
reference, with the same force and effect as if the same were set forth at length herein,
and that Contractor and its subcontractors, if any, will be and are bound by any and all
of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the work covered by this Contract.
"Project" as used herein defines the entire scope of the work covered by all the
Contract Documents. Anything mentioned in the Specifications and not indicated in the
Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the Plans or
Specifications, the matter shall be immediately submitted to City's Engineer, without
whose decision Contractor shall not adjust said discrepancy save only at Contractor's
own risk and expense. The decision of the Engineer shall be final.
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Section 2. Materials and Labor.
Contractor shall furnish, under the conditions expressed in the Plans and
Specifications, at Contractor's own expense, all labor and materials necessary, except
such as are mentioned in the Specifications to be furnished by the City, to construct and
complete the Project, in good workmanlike and substantial order. If Contractor fails to
pay for labor or materials when due, City may settle such claims by making demand
upon the surety to this Contract. In the event of the failure or refusal of the surety to
satisfy said claims, City may settle them directly and deduct the amount of payments
from the Contract price and any amounts due to Contractor. In the event City receives
a stop notice from any laborer or material supplier alleging non-payment by Contractor,
City shall be entitled to deduct all of its costs and expenses incurred relating thereto,
including but not limited to administrative and legal fees.
Section 3. Description of Project.
The Project is described as: Paseo Crucero Waterline Replacement as
delineated in the Plans prepared by Adams -Streeter Civil Engineers, Inc., dated
October, 2006. Work to include: the replacement of an existing 8" DIP and 12" DIP
domestic waterline and all appurtenant work.
Section 4. Plans and Specifications.
The work to be done is shown in a set of detailed Plans and Specifications
entitled:
Paseo Crucero Waterline Replacement
Said Plans and Specifications and any revisions, amendments or addenda
thereto are attached hereto and incorporated herein as part of this Contract and referred
to by reference.
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Section 5. Time of Commencement and Completion.
Contractor agrees to commence the Project within ten (10) calendar days from
the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute
the work to completion within sixty (60) calendar days from the date of the "Notice to
Proceed" issued by the City excluding delays caused or authorized by the City as set
forth in Sections 7, 8 and 9 hereof.
Section 6. Time is of the Essence.
Time is of the essence of this Contract. As required by the Contract Documents,
Contractor shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of Contractor's work
in conformance with an approved construction progress schedule. Contractor shall
coordinate the work covered by this Contract with that of all other Contractors,
subcontractors and of the City, in a manner that will facilitate the efficient completion of
the entire work in accordance with Section 5 herein. City shall have complete control of
the premises on which the work is to be performed and shall have the right to decide the
time or order in which the various portions of the work shall be installed or the priority of
the work of other subcontractors, and, in general, all matters representing the timely and
orderly conduct of the work of Contractor on the premises.
Section 7. Excusable Delays.
Contractor shall be excused for any delay in the prosecution or completion of the
Project caused by acts of God; inclement weather; damages caused by fire or other
casualty for which Contractor is not responsible; any act, neglect or default of City;
failure of City to make timely payments to Contractor; late delivery of materials required
by this Contract to be furnished by City; combined action of the workers in no way
caused by or resulting from default or collusion on the part of Contractor; a lockout by
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City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable
control.
City shall extend the time fixed in Section 5 for completion of the Project by the
number of days Contractor has thus been delayed, provided that Contractor presents a
written request to City for such time extension within fifteen (15) days of the
commencement of such delay and City finds that the delay is justified. City's decision
will be conclusive on the parties to this Contract. Failure to file such request within the
time allowed shall be deemed a waiver of the claim by Contractor.
No claims by Contractor for additional compensation or damages for delays will
be allowed unless Contractor satisfies City that such delays were unavoidable and not
the result of any action or inaction of Contractor and that Contractor took all available
measures to mitigate such damages. Extensions of time and extra compensation as a
result of incurring undisclosed utilities will be determined in accordance with Section C -
9(f) of the General Provisions. The City's decision will be conclusive on all parties to
this Contract.
Section 8. Extra Work.
The Contract price includes compensation for all work performed by Contractor,
unless Contractor obtains a written change order signed by a designated representative
of City specifying the exact nature of the extra work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof.
City shall extend the time fixed in Section 5 for completion of the Project by the
number of days reasonably required for Contractor to perform the extra work, as
determined by City's Engineer. The decision of the Engineer shall be final.
Section 9. Changes in Project.
A. City may at any time, without notice to any surety, by written order
designated or indicated to be a change order, make any change in the work within the
general scope of the Contract, including but not limited to changes:
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1) in the Specifications (including drawings and designs);
2) in the time, method or manner of performance of the work;
3) in the City -furnished facilities, equipment, materials, services or
site; or
4) directing acceleration in the performance of the work.
B. A change order shall also be any other written order (including direction,
instruction, interpretation or determination) from the City which causes any change,
provided Contractor gives the City written notice stating the date, circumstances and
source of the order and that Contractor regards the order as a change order.
C. Except as provided in this Section 9, no order, statement or conduct of the
City or its representatives shall be treated as a change under this Section 9 or entitle
Contractor to an equitable adjustment.
D. If any change under this Section 9 causes an increase or decrease in
Contractor's actual, direct cost or the time required to perform any part of the work
under this Contract, whether or not changed by any order, the City shall make an
equitable adjustment and modify the Contract in writing. Except for claims based on
defective specifications, no claim for any change under paragraph (B) above shall be
allowed for any costs incurred more than twenty (20) days before the Contractor gives
written notice as required in paragraph (B). In the case of defective specifications for
which the City is responsible, the equitable adjustment shall include any increased
direct cost Contractor reasonably incurred in attempting to comply with those defective
specifications.
E. If Contractor intends to assert a claim for an equitable adjustment under
this Section 9, it must, within thirty (30) days after receipt of a written change order
under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a
written statement to the City setting forth the general nature and monetary extent of
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such claim. The City may extend the thirty (30) day period. Contractor may include the
statement of claim in the notice under paragraph (B) of this Section 9.
F. No claim by Contractor for an equitable adjustment shall be allowed if
made after final payment under this Agreement.
G. Contractor hereby agrees to make any and all changes, furnish the
materials and perform the work that City may require without nullifying this Contract.
Contractor shall adhere strictly to the Plans and Specifications, unless a change
therefrom is authorized in writing by the City. Under no condition shall Contractor make
any changes to the Project, either in additions or deductions, without the written order of
the City and the City shall not pay for any extra charges made by Contractor that have
not been agreed upon in advance in writing by the City. Contractor shall submit
immediately to the City written copies of its firm's cost or credit proposal for change in
the work. Disputed work shall be performed as ordered in writing by the City and the
proper cost or credit breakdowns therefore shall be submitted without delay by
Contractor to City.
H. If in the opinion of the City's Engineer, it is in the City's best interest and it
is deemed necessary to proceed with a required change in the Contract Documents,
and time precludes submittal of the Contractor's proposal or, thorough analysis of the
Contractor's proposal, or the parties fail to reach an agreement, the City may order the
Contractor to proceed (Proceed Order) on the basis of a tentative, not to exceed price
based on the best estimate available at the time, with the firm price and time impact to
be determined later. If a Proceed Order is issued. the Contractor shall submit his
proposal for the changes in the work within 7 calendar days of the Proceed Order, and a
Change Order shall be negotiated and fully executed within 30 calendar days of the
Proceed Order.
Section 10. Liquidated Damages for Delay.
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The parties agree that if the total work called for under this Contract, in all parts
and requirements, is not completed within the time specified in Section 5 plus the
allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City
will sustain damage, which would be extremely difficult and impracticable to ascertain.
The parties therefore agree that Contractor will pay to City the sum of Five Hundred
Dollars ($500) per day, as liquidated damages, and not as a penalty, for each and every
calendar day during which completion of the Project is so delayed.
Contractor agrees to pay such liquidated damages and further agrees that City
may offset the amount of liquidated damages from any monies due or that may become
due Contractor under this Contract.
Section 11. Contract Price and Method of Payment.
City agrees to pay and Contractor agrees to accept as full consideration for the
faithful performance of this Contract, subject to any subsequent additions or deductions
as provided in approved change orders, the lump sum of One Hundred Ninety -Four
Thousand Two Hundred Thirty dollars ($194,230.00) as shown on Exhibit "A".
Within thirty (30) days from the commencement of work, there shall be paid to
the Contractor a sum equal to ninety percent (90%) of the value of the actual work
completed plus a like percentage of the value of material suitably stored at the worksite,
treatment plant or approved storage yards subject to or under the control of the City,
since the commencement of the work as determined by the City. Thereafter, on a
schedule issued by the City at the commencement of the job which shows a minimum of
one payment made to the Contractor per month for each successive month as the work
progresses and the request for payment due dates from the Contractor to meet the
payment schedule, the Contractor shall be paid such sum as will bring the total
payments received since the commencement of the work up to ninety percent (90%) of
the value of the work completed since the commencement of work as determined by the
City, less all previous payments, provided that the Contractor submits the request for
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payment prior to the end of the day required to meet the payment schedule. The City
will retain ten percent (10%) of each approved progress payment until the Work is fifty
percent (50%) complete. Then, the City may at its option suspend further retainage
until the final progress payment. The City reserves the right to reinstate up to ten
percent (10%) retainage of the total of the Work if the City determines, at its discretion,
that the Contractor is not performing the Work satisfactorily, or there is other specific
cause for such retainage.
Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City's Engineer, stating that the work for
which payment is demanded has been performed in accordance with the terms of the
Contract, and that the amount stated in the certificate is due under the terms of the
Contract. Partial payments on the Contract price shall not be considered as an
acceptance of any part of the work.
Section 12. Substitution of Securities in Lieu of Retention of Funds.
Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be
entitled to post approved securities with the City or an approved financial institution in
order to have the City release funds retained by the City to insure performance of the
Contract. Contractor shall be required to execute an addendum to this Contract
together with escrow instructions and any other documents in order to effect this
substitution.
Section 13. Completion.
Within ten (10) days after the contract completion date of the Project, Contractor
shall file with the City's Engineer its affidavit stating that all workers and persons
employed, all firms supplying materials, and all subcontractors upon the Project have
been paid in full, and that there are no claims outstanding against the Project for either
labor or material, except those certain items, if any, to be set forth in an affidavit
covering disputed claims, or items in connection with Stop Notices which have been
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filed under the provisions of the statutes of the State of California. City may require
affidavits or certificates of payment and/or releases from any subcontractor, laborer or
material supplier.
Section 14. Contractor's Employees' Compensation.
A. Davis -Bacon Act:
Contractor will pay and will require all subcontractors to pay all employees on
said Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis -Bacon Act for each
craft or type of worker needed to perform the Contract.
The provisions of the Davis -Bacon Act shall apply only if the Contract is in
excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or
more of the Contract is funded by federal assistance. If the aforesaid conditions are
met, a copy of the provisions of the Davis -Bacon Act to be complied with are
incorporated herein as a part of this Contract and referred to by reference.
B. General Prevailing Rate:
City has ascertained from the State of California Director of Industrial Relations
the general prevailing rate of per diem wages and the general prevailing rate for legal
holiday and overtime work in the locality in which the work is to be performed for each
craft or type of work needed to execute this Contract, and copies of the same are on file
in the Office of the Engineer of City. The Contractor agrees that not less than said
prevailing rates shall be paid to workers employed on this public works contract as
required by Labor Code Section 1774 of the State of California.
C. Forfeiture For Violation:
Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each
calendar day or portion thereof for each worker paid (either by the Contractor or any
subcontractor under it) less than the prevailing rate of per diem wages as set by the
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Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the work provided for in this Contract, all in accordance with Section
1775 of the Labor Code of the State of California.
D. Travel and Subsistence Pay:
Section 1773.8 of the Labor Code of the State of California, regarding the
payment of travel and subsistence payments, is applicable to this Contract and
Contractor shall comply therewith.
E. Apprentices:
Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California,
regarding the employment of apprentices, is applicable to this Contract and the
Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars
($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty
Contractors not bidding for work through the general or prime Contractor are Two
Thousand Dollars ($2,000.00) or more or five (5) working days or more.
F. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute
a day's work, and Contractor shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B)
above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.)
of the Labor Code of the State of California and shall forfeit to the City as a penalty, the
sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this
Contract by Contractor or any subcontractor for each calendar day during which any
worker is required or permitted to labor more than eight (8) hours in any one calendar
day and forty (40) hours in any one week in violation of said Article. Contractor shall
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keep an accurate record showing the name and actual hours worked each calendar day
and each calendar week by each worker employed by Contractor in connection with the
Project.
G. Record of Wages: Inspection:
Contractor agrees to maintain accurate payroll records showing the name,
address, social security number, work classification, straight -time and overtime hours
worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker or other employee employed by it in connection with the Project and
agrees to require that each of its subcontractors does the same. All payroll records
shall be certified as accurate by the applicable Contractor or subcontractor or its agent
having authority over such matters. Contractor further agrees that its payroll records
and those of its subcontractors shall be available to the employee or employee's
representative, the Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards and shall comply with all of the provisions of Labor Code
Section 1776, in general.
Section 15. Surety Bonds.
Contractor shall, before entering upon the performance of this Contract, furnish
bonds approved by the City Counsel -- one in the amount of one hundred percent
(100°/x) of the Contract price bid, to guarantee the faithful performance of the work, and
the other in the amount of one hundred percent (100%) of the Contract price bid to
guarantee payment of all claims for labor and materials furnished. This Contract shall
not become effective until such bonds are supplied to and approved by the City.
Section 16. Insurance.
A. Contractor is also aware of the provisions of Section 3700 of the Labor
Code, which requires every employer to be insured against liability for Workers'
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Compensation or undertake self-insurance in accordance with the provisions of that
Code and will comply with such provisions before commencing the performance of the
work of this Contract.
B. Contractor and all subcontractors will carry workers' compensation
insurance for the protection of its employees during the progress of the work. The
insurer shall waive its rights of subrogation against City, its officers, agents and
employees and shall issue a certificate to the policy evidencing same.
C. Contractor shall at all times carry, on all operations hereunder, bodily
injury, including death, and property damage liability insurance, including automotive
operations, bodily injury and property damage coverage. All insurance coverage shall
be in amounts specified by City in the Insurance Requirements and shall be evidenced
by the issuance of a certificate in a form prescribed by the City and shall be
underwritten by insurance companies satisfactory to City for all operations, subcontract
work, contractual obligations, product or completed operations, all owned vehicles and
non -owned vehicles. Said insurance coverage obtained by the Contractor, excepting
workers' compensation coverage, shall name the City, its Directors, Officers, Agents,
Employees, Engineers, and Consultants for this contract, and all public agencies from
whom permits will be obtained and their Directors, Officers, Agents and Employees, as
determined by the City, as additional insureds on said policies.
D. Before Contractor performs any work at, or prepares or delivers materials
to, the site of construction, Contractor shall furnish certificates of insurance evidencing
the foregoing insurance coverages and such certificates shall provide the name and
policy number of each carrier and policy and that the insurance is in force and will not
be canceled without thirty (30) days' written notice to City.
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Contractor shall maintain all of the foregoing insurance coverages in force until
the work under this Contract is fully completed. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of City by
Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of Contractor with respect to the foregoing, Contractor shall subscribe for
and maintain in full force and effect during the life of this Contract, the following
insurance in amounts not less than the amounts specified and issued by a company
admitted in California and having a Best's Guide Rating of A -Class VII or better:
Worker's Compensation In accordance with the Workers'
Compensation Act of the State of
California -- Minimum of
$1,000,000
Public Liability, in the form of
either Comprehensive General $1,000,000, per occurrence, or
Liability or Commercial General alternatively,
Liability written on a per -occurrence $5,000,000 aggregate, separate
basis for this project.
Automobile liability, including $1,000,000 per occurrence
non -owned and hired vehicles
City or its representatives shall at all times have the right to inspect and receive
the original or a certified copy of all said policies of insurance, including certificates.
Contractor shall pay the premiums on the insurance hereinabove required.
Section 17. Risk and Indemnification.
All work covered by this Contract done at the site of construction or in preparing
or delivering materials to the site shall be at the risk of Contractor alone. Contractor
agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees,
Engineers, and Consultants for this Contract, and all public agencies from whom
permits will be obtained and their Directors, Officers, Agents and Employees harmless
against any and all liability, claims, judgments, costs and demands, including demands
arising from injuries or death of persons (Contractors' employees included) and damage
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to property, arising directly or indirectly out of the obligations herein undertaken or out of
the operations conducted by Contractor, save and except claims or litigation arising
through the sole negligence or sole willful misconduct of City, and will make good to and
reimburse City for any expenditures, including reasonable attorneys' fees City may incur
by reason of such matters, and if requested by City, will defend any such suits at the
sole cost and expense of Contractor.
Section 18. Stop Notice Administration.
City reserves the right to charge Contractor for City's actual administrative time
(including attorney's time) to administer and process stop notices filed by Contractor's
subcontractors, materialmen, or any other claimant or lienholder.
Section 19. Termination.
A. This Contract may be terminated in whole or in part in writing by either
party in the event of substantial failure by the other party to fulfill its obligations under
this Contract through no fault of the terminating party, provided that no termination may
be effected unless the other party is given: (1) not less than ten (10) calendar days'
written notice (delivered by certified mail, return receipt requested) of intent to terminate,
and (2) an opportunity for consultation with the terminating party prior to termination.
B. This Contract may be terminated in whole or in part in writing by the City
for its convenience, provided that the Contractor is given (1) not less than ten (10)
calendar days' written notice (delivered by certified mail, return receipt requested) of
intent to terminate, and (2) an opportunity for consultation with the terminating party
prior to termination.
C. If termination for default or convenience is effected by the City, an
equitable adjustment in the price provided for in this Contract shall be made, but (1) no
amount shall be allowed for anticipated profit on unperformed services or other work,
and (2) any payment due to the Contractor at the time of termination may be adjusted to
cover any additional costs to the City because of the Contractor's default. If termination
for default is effected by the Contractor, the equitable adjustment shall include a
reasonable profit for services or other work performed, but no adjustment will be
allowed for anticipated profits. The equitable adjustment for any termination shall
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Section 20. Assignment.
No assignment by the Contractor of this Contract or any part hereof, or of funds
to be received hereunder, will be recognized by the City unless such assignment has
had prior written approval and consent of the City and the surety.
Section 21. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which it may be entitled.
If any action is brought against the Contractor or any subcontractor to enforce a Stop
Notice or Notice to Withhold, which names the City as a party to said action, the City
shall be entitled to reasonable attorneys' fees, costs and necessary disbursements
arising out of the defense of such action by the City. The City shall be entitled to deduct
its costs for any Stop Notice filed, whether court action is involved or not.
Section 22. Resolution of Disputes.
The City and the Contractor shall comply with the revisions of California Public
Contracts Code Section 20104, et sea., regarding resolution of construction claims for
any claims which arise between the Contractor and the City.
Section 23. Notices.
Any notice required or permitted under this Contract may be given by ordinary
mail at the address set forth below. Any party whose address changes shall notify the
other party in writing.
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Public Works
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To Contractor: Rick Fraijo
Doty Brothers Equipment Co.
11232 E. Firestone Blvd.
Norwalk, CA 90650
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provide for payment to the Contractor for services rendered and expenses incurred prior
to the termination, in addition to termination settlement costs reasonably incurred by the
Contractor relating to commitments which had become firm prior to the termination.
D. Upon receipt of a termination action under paragraphs (A) or (B) above,
the Contractor shall (1) promptly discontinue all affected work (unless the notice directs
otherwise), and (2) deliver or otherwise make available to the City all data, drawings,
specifications, reports, estimates, summaries and such other information and materials
as may have been accumulated by the Contractor in performing this Contract whether
completed or in process.
E. Upon termination under paragraphs (A) or (B) above, the City may take
over the work and may award another party an agreement to complete the work under
this Contract.
Contractor agrees to perform all work under this Contract in accordance with the City's
designs, drawings and specifications. The Contractor guarantees for a period of at least
one (1) year from the date of substantial completion of the work that the completed work
is free from all defects due to faulty materials, equipment or workmanship and that he
shall promptly make whatever adjustments or corrections which may be necessary to
cure any defects, including repairs of any damage to other parts of the system resulting
from such defects. The City shall promptly give notice to the Contractor of observed
defects. In the event that the Contractor fails to make adjustments, repairs, corrections
or other work made necessary by such defects, the City may do so and charge the
Contractor the cost incurred. The performance bond shall remain in full force and effect
through the guarantee period.
The Contractor's obligations under this clause are in addition to the Contractor's
other express or implied assurances under this Contract or state law and in no way
diminish any other rights that the City may have against the Contractor for faulty
materials, equipment or work.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
PASEO CRUCERO WATERLINE REPLACMENT B-15
11
IN WITNESS WHEREOF, the parties hereto have executed this Construction
Contract as of the date first hereinabove written.
AT
L�
APPO FORM:
By: In —
J n R. Shaw, City Attorney
CITY OF SAN JUAN CAPISTRANO
By: Qi v -,A =F 3,4N.
Dave Adams, City Manager
CONTRACTOR
By: <::iV l�Z—
Doty Brothers Equipment Co.
Chris Christy, President
CITY OF SAN JUAN CAPISTRANO AGREEMENT
PASEO CRUCERO WATERLINE REPLACMENT B-18
From: 9 11/1006 11:24 #003 P.002/003
Doty Brothers Construction Company
11232 E. Firestone Blvd.
Norwalk, CA 90650
telephone (562) 864.6566, facsimile (562) 864-6052
November 13, 2006
City of San Juan Capistrano
Public Works Departement
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Reference: Paseo Crucero Waterline Replacement
Mr. Peter Salgado,
Doty Brothers Equipment is pleased to provide to you our lump sum cost proposal for the above referenced
project based upon the drawings and specifications received.
WE EXCLUDE THE FOLLOWING:
1. Costs for special permits or insurance, bonds, engineering, inspection, or any City fees or charges.
CLARIFICATIONS TO SCOPE:
• Our proposal is based upon completing all work during normal working hours (Monday through
Friday -- no overtime).
• Doty Bros. will not accept responsibility for damage to any unmarked or unknown substructures when
reasonable care has been taken.
• This price is good for 60 days from the date of this letter
PRICING:
In accordance with the above scope, Doty Bros. submits the following Price,
Lump Sum Price...............................................................................$ 194,230.00
We thank you for this opportunity to bid this project with you and if you have any questions please do not
hesitate to contact me at (562) 864-6566.
Best regards,
Doty.0rothqrs Construction Company
Rick Frago
Estimator/Superintendent
EXHIBIT A
0 0
Bond No. 8793502
@V'
Do,tly. -Bros-.- Eq._uiPmen_tCo..._, a- Contractor.
Fide-1#y,ago Peposit ... Compa,nyof Maryland as, Si.rety,
i, 1t" t.1m,, c,,t ani`and
j in the Sum of
One Hundred Ninety -Four Thousand, Two Hundred Thirty andno cents
------ --- -
dollars
r r1 1) C 27 d iF.,' rjvjr hears,
1 12: �1' N jilr-1! wl by these
-J 1hp annexed
:1 p I in il iE! Contract
-d
I,,;
'I : � 1 � j 0 �'; � F � I, "", j ' 1 '
S1'10 , I - I I,,; i, I, 1 11 1- �i 1 11.1 C ; �14
of sad Corltrac:
specApri
J W';!�! -il f[HI force and
I A :1 i 22nd November 20 06
Dot os. Equipment Co.
Fidelity and Deposit Company of Maryland
Carlene La4hiin
Chris Christy, President Attorney -In -Fact
'F t
�1 1 : :: �
� 11 1 3 1
i,� i�" ji; cl bE 'Urnislied, or
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r mltrk:' 0
"1: tCihl_- ierms )* said
!2
n:
C.
I tion or extEmsions of
r
I A :1 i 22nd November 20 06
Dot os. Equipment Co.
Fidelity and Deposit Company of Maryland
Carlene La4hiin
Chris Christy, President Attorney -In -Fact
'F t
U
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Orange
L
On 11/22/2006 before me, Ellen M. Schmid, Notary Public
Date Name and Title of Of ear (e -g "Jane Doe, Notary Public
personally appeared Carlene Laughlin
Name(s) of Signers)
IEXpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(E) whose name(8) is/me
MW subscribed to the within instrument and
'Collsi sion011f00,100 acknowledged to me that tae/she/Wq executed
/lolarHll+blb'Callonlla the same in hts/her/tMIX authorized
Omnoss
My Comm. Expires Sep 13.
capacity(i&), and that by 1%19/her/
signature(99 on the instrument the personQ.), or
mow the entity upon behalf of which the personI
caos^ 01�ft acted, executed the instrument.
iy�,CpM4onlivisC WITNESS my hand and official seal.
Place Notary Seal Above nature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Perfox
Document Date:
11/22/2006
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner —I -I Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
01999 National Notary Aasonebon• 9350 De Soto Ave.. PO Box 2402• Chatsworth. CA 91313-2402• www naeonalnotary or, Prod No. 5907 Reorder'. Call Toll -Free 1-800-8]6682]
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of theBy-Law id Company, which are
set forth on the reverse side hereof and are hereby certified to be in full force and, t reof, does hereby
nominate, constitute and appoint Jonathan WEISS and Carlene LAU in ornia, EACH its true
and lawful agent and Attomey-in-Fact, to make, execute, seal o ' , and as its act and
deed: any and all bonds and undertakings, and n oc h gs in pursuance of these
presents, shall be as binding upon said C y 1 ? d purposes, as if they had been duly
executed and acknowledged b 1 c ed any at its office in Baltimore, Md., in their own
proper personsa re If of Alan TROOP, Jonathan WEISS, Carlene
LAUGHLIN, dated er 2
The said Assistant ` s e by certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By- s said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of
December, A.D. 2005.
State of Maryland1 ss:
City of Baltimore f
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Gregory E. Murray Assistant Secretary
Theodore G. Martinez
On this 13th day of December, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals
and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above
written.
Constance A. Dunn Notary Public
My Commission Expires: July 14, 2007
POA -F 012-84701
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attomeys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,... and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized
by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company
this 22nd day of November 2006
a
Assistant Secretary
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Los Angeles
Cl
on November 28, 2006 before me, Lisa L. Johnson, Notary Public
Data Name and Tile of Crider AD, "Jana Doe. Notary Pudic)
personally appeared Chris Christy, President
Noneren or Signegsl
LISAJOHNSON
' ` Comnrnion # 1375473
MyCamm. B�YasMW Z,
IXpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/ahe/Wey-executed
the same in hisFlher/their authorized
capacity(ies), and that by his/tier their
signature(e+on the instrument the person(&�, or
the entity upon behalf of which the person(*
acted, executed the instrument.
WIT ESS my hand and official seal.
SignaterneYNOtary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Performance Bond – San Juan Capistrano
Document Date: November 22, 2006 Number of Pages: 1
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name
❑ Individual Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
C 1999 National Notay Asscoation • 9360 De Soto Ave., P.O. Be. 2402 • ChatswotID. CA 91313-2402 •www.N.h, mNdt.,dr, Prod No. 5907 Reorder'. Call Ton Free 1 900-8)66827
tw, Akl,'Y1OkMak,
Bond No. 8793502
el,Wtlil 11 , : lkA! NI ,! f, , .sIf
Fidelity and Deposit Company of Maryland as Surnty,
"Xistin
.-rIj:� " flu 9 in the Coonty
One Hundred Ninety -Four Thousand, Two Hundred Thirty and no cents acAiji_
:.f noirs, executes -,
1� crit ki _;.iiiiexed iqreement with said
)V, It'i Tf f k f i n
),!A
(J at tt.
J. I.til'lfr
.?i 6iT-f. successors,or
li,,0 ff'o her sui)pljes used in upon.
4 v J;_ 131).>, thereon of any kind,
A
I 1= Ii 'WAges of eiTiployees of tie
5:ll I
ttrii,rt isur,Brice Coo,, A,, n
J�;ns 3_,47 3252, inclusfv,�
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�,) rad , r boffi, v,,c!k
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Ire [d SL2fAYVAII paytre sarrie
brought ijpon th,s
I. f, ;1-111 111f.10k, to thc, banefitofar,y
11-,,,f,', s(t iai; to give a fig!-,, of
Iii i, or changes in thrt
shafl riot in eWy
:tw, 1)i ilie granted under
It(
t,
t,
it"i 1 i, and notate of said
22nd November 06
Doty Bros Equipment Co.
Chris Christy, President
Fidelity and Deposit Company of Maryland
Carlene LaugUlin
Attorney -In -Fact
3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Orange
On 11/22/2006 before me, Ellen M. Schmid, Notary Public
Date Name and Title of Officer (e. g.. "Jane Doe. Notary Public')
personally appeared Carlene Laughlin
Named) of Signals)
�Y; irn11MM
` n , .i
IJ personally known to me
LJ proved to me on the basis of satisfactory
evidence
to be the person(s" whose name(ts) is/Lam
subscribed to the within instrument and
acknowledged to me that hre/she/tom executed
the same in kis/her/0;U authorized
capacity(M), and that by hts/her/tWWr
signatun ie) on the instrument the person(s), or
the entity upon behalf of which the person(n)
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above — lure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Payment Bond
Document Date: 11/22/2006
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
01 Corporate Officer — Title(s):
Partner — L Limited L1 General
C Attorney in Fact
IJ Trustee
I I Guardian or Conservator
I I Other:
Signer Is Representing:
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
01999 National Notary Aasonaeoa • 9350 De Soto Ave PO Rox 2602 • Chatswofh, CA 91313 2402 • www.nalionalndary org Prod. No 5907 Reorder: Call Toll -Free 1 800-8]66827
0 0
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Law id Company, which are
set forth on the reverse side hereof and are hereby certified to be in full force and eff t it a reof, does hereby
nominate, constitute and appoint Jonathan WEISS and Carlene LAU in ornia, EACH its true
and lawful agent and Attorney -in -Fact, to make, execute, seal o ,and as its act and
deed: any and all bonds and undertakings, and o h gs in pursuance of these
presents, shall be as binding upon said C y l ? d purposes, as if they had been duly
executed and acknowledged b1 ed any at its office in Baltimore, Md., in their own
proper persons. Th
1=0 r�eYj ehalfofAlan TROOP, Jonathan WEISS, Carlene
LAUGHLIN, dated er 2Zr3,Q011\\
The said Assistant' s�ej'eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By- said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of
December, A.D. 2005.
State of Maryland1 ss:
City of Baltimore f
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
t
Gregory E. Murray Assistant Secretary
By:
Theodore G. Martinez
On this 13th day of December, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals
and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Constance A. Dunn Notary Public
My Commission Expires: July 14, 2007
POA -F 012-x4701
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,... and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized
by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 22nd day of November 2006
Assistant Secretary
11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Los Angeles
0
On November 28, 2006 before me, Lisa L. Johnson, Notary Public
Data Name are The of officer (e g -.'Jane Doe, Notary Public')
personally appeared Chris Christy, President
Namefs) of Slgnegs)
JC personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(a) whose name(&) is/are
subscribed to the within instrument and
acknowledged to me that he/eheA4ey-executed
the same in his/her/tHeir- authorized
capacity4ee), and that by hisgw4liek
signature(sa on the instrument the person(s), or
the entity upon behalf of which the person(s}
acted, executed the instrument.
WIT SS my hand and official seal.
plykk 6R
S,rawr.j Notary Publ.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Payment Bond – San Juan Capistrano
Document Date: November 22, 2006 Number of Pages: 1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name
❑ Individual Top o1 thumb here
❑ Corporate Officer—Title(s):
❑ Partner — ❑ Limited ❑ General
U Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
01999 National Notary Association - 9350 Do Soto Ave., P0. Box 2402 • Chalberam, CA 91313-2602 • w 19aboruNc arrorg Prod No. 5907 Reorder: Call Toll Free 1-800-8]6682)
S GSfwt"` 'M�,xWtlf�Mno'i
g W11DtlMf,�. JNc3H Vrok'N "`�
A:y�AJ IeYPQ� J1 iC7.�
U5 :ynNe�tiir3 nr!fo�gW
0
City of San Juan Capistrano
0
Paseo Crucero Waterline Replacement
Contract Change Order No. 1
CONTRACTOR:
January 2, 2007
This Change Order covers changes to the subject contract as described herein. The
Contractor is to construct or furnish equipment and materials, and performs all work as
necessary or required to complete the Change Order items for the prices agreed upon
between the Contractor and the City.
The additional work contained within this Change Order can be performed incidental to
the prime work and within the time allotted for the original Contract and any extensions to
the Contract Time made by this and all previously issued Change Orders, if any. It is
therefore mutually agreed that the number of calendar days extension of time, if any,
provided for in this Change Order is required for the change of work provided herein, and
that no direct or indirect, incidental or consequential costs, expenses, losses or damages
have been or will be incurred by Contractor, except as expressly granted and approved by
this Change Order and, further, that the payment under this Change Order is the final and
complete compensation for the subject work. Payment to the contractor for this Change
Order shall provide full compensation for all equipment, materials, labor, field and home
office overhead, mark-ups and profit necessary to complete the work. By executing this
Change Order, contractor agrees to proceed with the work as a change order per Section
9 of the Construction Contract and waives any right to additional compensation arising out
of work listed in this change order, including without limitation, any claims relating to any
cumulative effect of changer orders, delays, productivity impact or interruption.
In accordance with the contract provisions, the following changes in the contract and/or
contract work are hereby authorized and as compensation, the following additional to or
deductions from the contract price are hereby approved.
Item
Description
Amount
1)
Install additional paving and slurry as detailed in the attached
$ 18,735.00
Exhibit"A"
Total for Change Order No. 1
$ 18,735.00
The original cost for this work was: $ 194,230.00
The cost of amendments/change order(s) to date is: $ 0.00
The cost of this amendment/Change Order No. 1 is: $ 18,735.00
Upon approval, the total cost of this project is: $ 212,965.00
The original contract completion date for this work was: 29 January 2007
The additional work included in this Change Order shall add: 0 calendar days
The contract completion date shall remain as:
29 January 2007
The Contractor agrees to furnish all labor and materials and to perform all other
necessary work required to complete the Change Order items. This document will
become a supplement to the contract and all provision will apply hereto. It is understood
that the Change Order shall become effective when approved by the City.
RECOMMENDED:
B- ..
Dave Adams, City Manager
v
J V
Ellwell, Pu lic Works Director
P e Sal o, enior Civil Engineer
Doty Brothers Equipment, Co
Chris Christy, President
2
/- IL 97
Date
— /D—O
Date
Date
January 9, 2007
Date
From:
0
DOTS BROS.
Constructipn Company
December 28, 2006
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano
Calif. 92675
Fax Comm. (949) 493-3955
Attention: Peter Salgado
Job Location: Paseo Crucero
12/0-006 08:08 #044 P.002/002
Peter,
The original costs for the Paving and slurry seal which are: 1) Paving 2212 Sq. Ft $18,315.00
2) Slurry Seal 5194 Sq. Ft. $5,200.00
total credit $23,515.00
Will be changed to: 1)Paving 4350 Sq.Ft.
$36,250.00
2) Slurry Seal 10,000 S.F.
$10,000.00
total
$46,250.00
credit
$23,515.00
• new total
$22,735.00
credit for 12" pipe
$ 4,000.00
now total
$18,735.00
Please sign below if you accept this revised change order
DOTY BROS. EQUIPMENT CO. ----__--__---.-
Rick yo
Frraa'Peter Salgado
EXHIBIT A
11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com
Califomia Limnm #273024
• 11/7/2006
AGENDA REPORT DH
TO: Dave Adams, City Manager
FROM: John W. Elwell, Interim Public Works Director
SUBJECT: Consideration of Waiving Formal Bid Requirements for Expenditures
Related to the Paseo Crucero Waterline Replacement (CIP# 767)
RECOMMENDATION:
By Motion, adopt a Resolution declaring the Paseo Crucero Waterline Replacement an
emergency, and authorizing the City Manager to approve the immediate expenditure of
public money to safeguard life, health and property.
SITUATION:
On October 13, 2006, the existing 12" domestic waterline along Paseo Crucero
between Camino Dimora and the terminus of Paseo Crucero, suffered a significant
break. The break caused flooding and severe damage to the asphalt paving. Staff
quickly isolated the line and implemented temporary repairs. The waterline is currently
functional. However, because it operates at high pressures, the temporary repairs will
not last. Including this latest event, this waterline has suffered seven breaks in the last
year alone. This 12" waterline is a critical transmission main delivering water to and
from the newly constructed 760 S Reservoir to various communities in the southeastern
portion of the City. Because of the numerous breaks the 12" waterline has suffered
previously and its importance to the City's domestic water system, staff recommends
that the waterline be replaced immediately.
Adjacent to the 12" domestic waterline is an existing 8" low pressure domestic waterline
which delivers water directly to four homes on Paseo Crucero. While this line did not
suffer any damage during this latest event, it too has suffered numerous breaks in the
past and needs to be replaced. Staff recommends that the 8" waterline be replaced
along with the 12" waterline. Replacing both lines at the same time will help reduce
contractor mobilization costs and ensure that the residents on Paseo Crucero will only
be impacted once by construction activities.
Since the break occurred, staff has worked diligently with its engineering consultant to
formulate construction plans to replace the 12" and 8" waterlines. The plans have been
completed and staff is soliciting informal bids for the work. Staff recommends that the
City Council adopt a Resolution (Attachment 2) declaring the Paseo Crucero Waterline
Replacement an emergency and authorizing the City Manager to approve the
immediate expenditure of public money to procure the necessary services, equipment
A5"4,4
Agenda Report • • November 7, 2006
Page 2
and supplies for the purpose of implementing the recommended mitigation measures.
Staff determined the project to be categorically exempt from environmental review
based on Section 15302, Class 2(b) of the California Environmental Quality Act
Guidelines, which exempts the replacement of existing utility systems.
Staff anticipates starting the waterline replacement by mid-November 2006.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Staff briefed the Water Advisory Commission on the waterline replacement at the
October 24, 2006, Commission meeting.
FINANCIAL CONSIDERATIONS:
The preliminary construction estimate for the waterline replacement work, including
contingencies is $128,000. The FY 2006-2007 Capital Improvement Budget includes
sufficient funds under CIP 767, Undefined Replacement Projects to cover the estimated
cost of the work.
RECOMMENDATION:
By Motion, adopt a Resolution declaring the Paseo Crucero Waterline Replacement an
emergency, and authorizing the City Manager to approve the immediate expenditure of
public money to safeguard life, health and property.
)public Works Director
Attachments: 1. Location Map
2. Resolution
Prepared by,
Peter Sal o
Senior Civil Engineer
ATTACHMENT
RESOLUTION NO. 06-11-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DETERMINING TO WAIVE FORMAL
COMPETITIVE BID REQUIREMENTS FOR THE PASEO CRUCERO
WATERLINE REPLACEMENT
WHEREAS, the City Council of the City of San Juan Capistrano, declares the
Paseo Crucero Waterline Replacement an emergency; and,
WHEREAS, the City Council of the City of San Juan Capistrano, considers the
damage to the Paseo Crucero waterline a threat to public and private property, and
declares that the public interest and necessity demand the immediate expenditure of
public money to safeguard life, health, and property; and,
WHEREAS, the City Council of the City of San Juan Capistrano, authorizes the
City Manager to expend any sum required in the emergency without complying with
formal competitive bid requirements, pursant to Public Contract Code, Sections 20168
and 22050.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Juan Capistrano, does hereby resolve, determine and order as follows:
SECTION 1.
Formal competitive bid requirements will be waived for all public works contracts
necessary for the Paseo Crucero Waterline Replacement.
SECITON 2.
City Manager is authorized to expend any sum required in the emergency
without complying with formal competitive bid requirements, pursant to Public
Contract Code, Sections 20168 and 22050.
PASSED, APPROVED AND ADOPTED this day of 2006,
ATTEST:
MARGARET R. MONAHAN, CITY CLERK
DAVID M. SWERDLIN, MAYOR
ATTACHMENT
9 0
RESOLUTION NO. 06-11-07-0 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DETERMINING TO WAIVE FORMAL
COMPETITIVE BID REQUIREMENTS FOR THE PASEO CRUCERO
WATERLINE REPLACEMENT
WHEREAS, the City Council of the City of San Juan Capistrano, declares the
Paseo Crucero Waterline Replacement an emergency; and,
WHEREAS, the City Council of the City of San Juan Capistrano, considers the
damage to the Paseo Crucero waterline a threat to public and private property, and
declares that the public interest and necessity demand the immediate expenditure of
public money to safeguard life, health, and property; and,
WHEREAS, the City Council of the City of San Juan Capistrano, authorizes the
City Manager to expend any sum required in the emergency without complying with
formal competitive bid requirements, pursant to Public Contract Code, Sections 20168
and 22050.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Juan Capistrano, does hereby resolve, determine and order as follows:
SECTION 1.
Formal competitive bid requirements will be waived for all public works contracts
necessary for the Paseo Crucero Waterline Replacement.
SECITON 2.
City Manager is authorized to expend any sum required in the emergency
without complying with formal competitive bid requirements, pursant to Public
Contract Code, Sections 20168 and 22050.
PASSED, APPROVED AND ADOPTED this 7th day of November 2006,
�i /�
M7-=
19 M -a •-
Page 1 of 1 11-07-2006
0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 06-11-07-02 was dulyadopted bythe City Council of the Cityof San Juan
Capistrano at a Regular meeting thereof, held the 7`" day of November 2006, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto, Allevato and Mayor Swerdlin
NOES: COUt4CIL MEMBER: None
ABS T: COUNCIL MEMBER: None
•
AGENDA REPORT
TO: Dave Adams, City Manager'
FROM: John W. Elwell, Interim Public Works Director
• 2/6/2007
D14
SUBJECT: Consideration of Notice of Completion for the Paseo Crucero Waterline
Replacement (CIP# 767) (Doty Brothers Equipment, Co.)
RECOMMENDATION:
By motion,
Adopt a Resolution declaring the work complete for the Paseo Crucero Waterline
Replacement; and,
2. Direct the City Clerk to record the Notice of Completion; and,
3. Authorize staff to release the retention of $21,296.50, 35 days after recordation.
SITUATION:
On October 13, 2006, the existing 12 -inch domestic waterline along the southern end of
Paseo Crucero suffered a significant break and caused flooding and severe damage to
the street. This waterline is a critical transmission main delivering water to and from the
southeastern portion of the City. Because it operates at high pressures and had
already suffered numerous breaks, staff recommended replacement under an
emergency basis.
Adjacent to the 12 -inch line ran an existing 8 -inch domestic waterline. While this line
did not suffer any damage during this latest event, it too suffered numerous breaks in
the past and needed replacement. Staff recommended that the 8 -inch waterline be
replaced along with the 12 -inch waterline to facilitate construction and minimize impacts
to residents on Paseo Crucero.
On November 7, 2006, the City Council- adopted a resolution declaring the Paseo
Crucero Waterline replacement an emergency and authorized the immediate
expenditure of funds for the project. Staff proceeded under an emergency basis to
complete construction plans, solicit informal bids and award a construction contract for
the replacement of the 12 -inch and 8 -inch waterlines. On November 28, 2006, the City
Manager, under delegated authority from the City Council, executed a construction
contract with Doty Brothers Equipment Company (Doty) for a total of $194,230. Staff
has determined the contract work to be complete and recommends final acceptance of
the contract. Staff has prepared the requisite Notice of Completion (Attachment 1) and
Resolution (Attachment 2).
Agenda Report • • February 6, 2007
Page 2
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Staff briefed the Water Advisory Commission on the acceptance of the contract at the
January 23, 2007, Commission meeting.
FINANCIAL CONSIDERATIONS:
The original contract cost with Doty was $194,230. During construction, one change
order for a total of $18,735 was issued by the City for additional paving and slurry
coating on Paseo Crucero. Including this change order, Doty's final construction
contract cost is $212,965. The FY 2006-2007 Capital Improvement Budget includes
sufficient funds to cover Doty's final contract cost.
NOTIFICATION:
Doty Brothers Equipment, Co.
RECOMMENDATION:
By motion,
1. Adopt a Resolution declaring the work complete for the Paseo Crucero Waterline
Replacement; and,
2. Direct the City Clerk to record the Notice of Completion; and,
3. Authorize staff to release the retention of $21,296.50, 35 days after recordation
Respectfully submitted,
Public Works Director
Attachments: 1. Notice of Completion
2. Resolution
3. Location Map
Prepared by,
RECORDING REQUESTED
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27353 & 6103
City of San Juan Capistrano
0
This Space for Recorder's Use Only
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan
Capistrano to Doty Brothers Equipment Co., 11232 E. Firestone Blvd., Norwalk, CA 90650 for
the Paseo Crucero Waterline Replacement.
That said work was completed on , by said company according to plans and
specifications, and that said work was accepted by the City Council of the City of San Juan
Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a
regular meeting thereof held on the 6`" day of February, 2007, by Resolution No. 07-02-06.
That upon said contract, the Fidelity and Deposit Company of Maryland was surety for the bonds
given by the said company as required by law.
Dated at San Juan Capistrano, California, this _ day of 2007.
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City
Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of
perjury that the foregoing Notice of Completion was duly and regularly ordered to be recorded in
the Office of the Orange County Recorder by said City Clerk.
Dated at San Juan Capistrano this day of 2007.
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
ATTACHMENT 11
0
RESOLUTION NO. 07-02-06-01
9
A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS
AND SPECIFICATIONS FOR THE PASEO CRUCERO WATERLINE
REPLACEMENT (DOTY BROTHERS EQUIPMENT, CO.)
WHEREAS, on the 28" day of November, 2006, the City of San Juan
Capistrano entered into a contract with Doty Brothers Equipment, Co. for the Paseo
Crucero Waterline Replacement project; and,
WHEREAS, Staff has found the work to be complete and recommends
approval; and,
NOW, THEREFORE, BE IT RESOLVED, by the City of San Juan
Capistrano as follows:
SECTION 1. That the work required to be performed by said Contractor
has been completed.
SECTION 2. That the total cost of said work is in the amount of $212,965.
SECTION 3. That the work is hereby accepted and approved.
SECTION 4. That the City Clerk is directed to forthwith forward a "Notice
of Completion" to the County Recorder of the County of Orange for recording.
ATTEST:
PASSED, APPROVED, AND ADOPTED this 6th day of February 2007.
S ALLEVATO, MAYOR
R. MONAHAN, CITY CLERK
Page 1 of 1 2/6/2007
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 07-02-06-01 was duly adopted by the City Council of the City of San Juan
Capistrano at a Regular meeting thereof, held the 6'" day of February 2007, by the following vote:
AYES: COUNCIL MEMBERS: Hribar, Uso, Soto and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Nielsen
R. MONAHAN, City Clerk
e
f
THE CITY OF
SAN JUAN CAPISTRANO
I
Project Site
3000 6000 9000 Feet
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www sanjuancaplstrano. org
f5 IA[OAIAAAIfA
• f 5Hu)So " I 1961
1776
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
The City Council of San Juan Capistrano will meet at 7:00 p.m. on February 6, 2007 in
the City Council Chamber in City Hall, to consider: "Consideration of Notice of
Completion for the Paseo Crucero Waterline Replacement (CIP #767)(Doty
Brothers Equipment, Co.)A' — Item No. D14.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00
p.m. on Monday, February 5, 2007 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Peter Salgado,
Senior Civil Engineer. You may contact that staff member at (949) 949-443-6366 with
any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council-agendasasanivancapistrano.org.
Meg Monahan, MMC
City Clerk
cc: Doty Brothers Equipment, Co.; John W. Elwell, Interim Public Works Director;
Peter Salgado, Senior Civil Engineer
Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
Cr1 armlea on loo°% rewaea Pape,
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www sanjaancapestrano. org
February 8, 2007
1 A
L/5�' IA[AAIAAAIfA
fsraeusAfA 1961
1776
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR LONDRES USO
On February 6, 2007, the City Council of San Juan Capistrano met regarding:
"Consideration of Notice of Completion for the Paseo Crucero Waterline
Replacement (CIP #767)(Doty Brothers Equipment, Co.)" Item No. D14.
The following action was taken at the meeting: Resolution No. 04-02-06-01 adopted
declaring the work complete for the Paseo Crucero Waterline Replacement
project; the City Cerk directed to record the Notice of Completion; and staff
authorized to release the retention of $21,296.50, 35 days after recordation.
If you have any questions regarding this action, please contact Peter Salgado, Senior
Civil Engineer at 949-443-6366 for more detailed information.
Cc: Doty Brothers Equipment, Co.; John W. Elwell, Interim Public Works Director;
Peter Salgado, Senior Civil Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Pnntetl an 100% recycled paper
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 4931053 FAx
www.sanjuancapistrano.org
February 7, 2007
Clerk -Recorder's Office
County of Orange
P.O. Box 238
Santa Ana, California 92701
I
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3
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1776
e
Re: Notice of Completion (Doty Brothers Equipment, Co.)
SENT VIA CERTIFIED MAIL
The noted document is enclosed for recording:
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONORES USO
When placed of record, please return the recorded document to this office.
Thank you for your assistance.
U.S. Postal Service,,�
tdr�� a'I.tll�
orris ir '
(Domestic Mail Only; No Insurance
Deputy City Clerk U
tr
Cc: Joe Mankawich, Associate Engineer Ir i l� A [
John Elwell, Interim Public Works Director "' Postage $
C3 Certified Fee D
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(Endorsement Required)
O ResMged Delivery Fee
Ir (Endorsement Required) m
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San Juan Capistrano: Preserving the Past to Enhance the Future
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Postmerk
Here
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92875
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancaptstrano. org
November 29, 2006
Mr. Chris Christy
Doty Brothers Equipment Co.
11232 E. Firestone Blvd.
Norwalk, CA 90650
��y,y IR[APRORAIIR
esialuSHED I 1961
1776
•
MEMBERS OF THE CITY COUNCIL
Re: Notice to Proceed — Paseo Crucero Waterline Replacement Project
Dear Mr. Christy:
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
You are hereby notified to commence work on the subject project effective November 30, 2006.
As outlined in your Construction Contract with the City of San Juan Capistrano dated,
November 28, 2006, the work shall be completed within 60 consecutive calendar days from the
effective date of the notice to proceed. Your contract completion date is January 29, 2007.
The Construction Contract provides for an assessment of the sum of $500 per day as liquidated
damages for each consecutive calendar day after January 29, 2007 that the work remains
incomplete.
Please confirm receipt of this notice by signing and returning the acknowledgement below.
If you have any questions regarding this matter, please do not hesitate to contact me at (949)
443-6366.
cc:
Acknowledgement:
Public Works Director
in, City Clerk
Doty Brothers Equipment Co.
Phil Dennis, Water Division Manager
DO Printed on 100% Recycled Paper
Date
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