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1986-0902_HUSBY CONSTRUCTION_Contract (2) EXE�MiPT :.414432 RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto Mary Ann HKAvler, City Clerk San Juan Capistrano, CA 92675 City of San uan Capistrano, CA 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 Husby Construction Co., Box 636, San Clemente, California 92672, for the performance of the following work: CONSTRUCTION OF THE CITY YARD PAVING That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 2nd day of September, 1986, by Resolution No. A6-9-2-3 That upon said contract, the TransAmerica Premier Insurance Co. was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 3rd day of September 1986. MT AL RECORDS . CALIFORNIA P 10'86 Mar Ann Ha ver, Cit Clerk City of San uan Capistrano ECORDE RECORDER STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano, California, this 3rd day of September 1986. i ary Ann H over, Cit} Clerk City of San uan Capistrano CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and Husby Construction ' hereinafter referred to as CONTRACTOR. ' IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS : FIRST. CONTRACT DOCMU=S. The contract documents shall be ' considered to include the Notice Inviting Bids , the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affi- ' davit, the Designation of Sub-Contractors-, the Contract which is prepared for execution by the City and the Contractor, plans , ' specifications and special provisions , the Standard Specifications for Public Works Construction, 1985 Edition, including all supplements , contract bonds, resolutions adopted by the City Council pertaining to the work, insurance policies and certifi- cates , and any supplemental written agreements amendinc or extend-ing 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 con- structior% of City Yard Paving ' 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 Pasee Adelanto , San Juan Capistrano , California. ' THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to ' accept, the lumpsum adjusted for variations of quantities , at the prices designated in bid proposal at the time and in the ' manner set forth in the Specifications. ' -16- ' FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified ' in the Notice Inviting Bids. It is agreed that it would be im- practicable and extremely difficult to fix the actual amount of damages, and loss sustained by City, should CONTRACTOR fail to tcomplete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) a day for each day delayed; provided that extensions of time with waiver of liquidated ' damages , may be granted as provided in the Specifications. ' FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR_ agrees to furnish bonds guaranteeing the performance of this con- tract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, ' an 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 ac- ceptance. The Labor and Material Bond shall be for an amount of ' one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering . ' into or incidential to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifica- tions. 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 judgement in such action against CONTRACTOR is. such action is ' determined in favor of. said City. The required Performance and Labor and Materials Bonds and Bid Bond shall provide that the surety ' shall pay attorney' s fees incurred- by City in enforcing this agreement. ' -17- 1 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 herecf. CONTRACTOR agrees that he, or any SUB-CONTRACTOR ' under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution ' of the. contract. 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 names insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. ' The insurancepolicies shall bear an endorsement or shall have an attached rider providing that in theevent 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 that 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 con- struction agreement. ' -18 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 stipu- lation 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 SAB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than- eight (8) hours in violation of the provisions ' of Article Three, Chapter One, Part Seven, Division 2 , of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly ' authorized agent.(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. ' CITY OF SAN TUAN CAPISTRANO DATED : July 1, 1986 BY Mayor Kehneth E. Frless ATTEST: BY HUSBY CONSTRUCTIOM Contr c o Mary Ann rdver, CIty��Clerk ' APPROVED TO FORM: John R. Shaw, "City Attorney ' -19- 0 0 COMPLETION OF CITY YARD PAVING (HUSBY CONSTRUCTION COMPANY) 600.30 As set forth in the report dated September 2, 1986, from the Director of Public Works, the City Yard Paving project was completed. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 86-9-2-3 COMPLETION OF THE CITY YARD PAVING HUSBY CONSTRUCTION COMPANY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE CITY YARD PAVING (HUSBY CONSTRUCTION COMPANY) The Resolution accepted the work as complete in the amount of $35,118.30, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Payment status was as follows: Total Project Cost $35,118.30 Less 10% Retention 3,511.83 Less Previous Payment 31,606.46 Amount Due .00 Staff was authorized to release the 10% retention 35 days after recording of the Notice of Completion. AGENDA ITEM September 2, 1986 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Final Report - City Yard Paving (Husby Construction) SITUATION The construction of the City Yard Paving has 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. NOTIFICATION Husby Construction Co. COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The original contract price was for $32,830.00 and the final construction cost is $35,118.30, an increase of $2,288.30. The additional cost is due to the increase of estimated project quantities. The City budgeted $45,000 in account #12-6900-4703-130 for this encumbered project and sufficient funds are still available. The current payment status is as follows: Original Contract Price $ 32,830.00 Total Project Cost 35,118.30 Less 10% Retention 3,511.83 Total Due to Date $ 31,606.47 Previous Payment 31,606.47 Amount Due $ -0- ALTERNATE ACTIONS 1. Accept the improvements. 2. Do not accept the improvements. 3. Refer to Staff for additional information. AGENDA ITEM • September 2, 1986 Page Two RECOMMENDATION By motion, determine that the work for the City Yard Paving has 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. Authorize Staff to release the 10% retention thirty-five (35) days after the recordation of the Notice of Completion. Respectfully submitted, �. p W. D. Murp 7 WDM/BP:nb • �000 ,'� o *RESOLUTION NO. 86-9-2-3 COMPLETION OF THE CITY YARD PAVING (HUSBY CONSTRUCTION CO.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE CITY YARD PAVING (HUSBY CONSTRUCTION CO.) WHEREAS, on the 1st day of July, 1986, the City of San Juan Capistrano entered into a contract with Husby Construction Co., for the construction of the City Yard Paving; and, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does resolve as follows: SECTION 1. That she work required. to be performed by said contractor has been completes SECTION 2. That the total cost of said work is in the amount of 533,118.30. 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 2nd day of September . 1986. AOOO �. KEN ETH E. FRIESS, MAYOR ATTEST: CITY C ERI -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOYER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 86-9-2-3 adopted by the City Council of the CIty of San Juan Capistrano, California, ata regular meeting thereof held on the 2nd day `1 of September . 1986, by the following vote: "-j AYES: Councilmen Schwartze,, Bland, Bucbheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None (SEAL) n _ MARY ANN ;CITY CLERK f: 1 -2- • a 0 Please date, sign, and return this copy to the ' MEMBERS OF THE CITY COUNCIL ANTHONY L. ISLAND City ClerkLAWRENCE F. RUCHMEIM WHIII.pl KCNNETH E. FRIESS uu,inu, 1961 GARY L. HAUSDONFER ITT6 PHILLIP R. SCHWARTZ& CITY MANAGER STEPHEN S. JULIAN NOTICE TO PROCEED TO: Husby Construction P.O. Box 636 San Juan Capistrano, CA 92675 Project: City Yard Paving Amount of Contract: $32,830.00 You are hereby notified to commence work on the referenced contract on or before July 16, 1986, and shall fully complete all of the work of said contract within 45 consecutive calendar days thereafter. Your completion date is therefore August 30, 1986. The contract provides for an assessment of the sum of $100 as liquidated damages for each consecutive calendar day after the above established contract completion date that the work remains incomplete. Dated this 14th day of July 1986. MARY AN ANOVER, CMC City Clerk ACCEPTANCE OF NOTICE Recei/ of oregoing Notice t Proceed is hereby acknowledged by L this /(o day of 1986. i 32400 PA5EO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 • • 3SM 680 190 00 PERFORMANCE BOND SNOW ALL NEN BY THESE PRESENTS : That ('nnatrnr f-i nn as Principal, hereinafter called CONTRACTOR, and American Motorists Insurance Company , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Thirty TWO Thousand Eight Hundred Thirty Dollars ($ 32,830.00) 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 ,Tule 1st, 1986 entered into a (describe agreement) . CITY YARD PAVTNF PRQTFfCP 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 FZMTHER 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 �f i- -22- CAT. NO. NNO0627 TO 1941 CA 17-82) TRUE INSURANCE (Individual) AND TRUST ATfDN COMPANY STATE OF CALIFORNIA 1 COUNTY OF Orange > SS. On - July 1 1 , 1986 before me, the undersigned, a Notary Public in and for said State,personally appeared Knut H. Husby as owner of Husby Construction x Y proved to me on the basis of satisfactory evidence to be C the person whose name Is subscribed to theOFFICIAL SEAL within instrument and acknowledged that he exe- LORRAINE M. SALAZAR cuted the same. NOTARY PUBLIC— CALIFORNIA WITNESS my hand and official seal, r:. PRINCIPAL. OrFICE IN .. ORANGE COUNTY My Commission Expires February 18, 1989 Signatu (This area for official notarial seal) STATE OF CALIFORNIA ) ss: County of ORANGE ) > On this day of JUN 2 5 19,, before me LORRAINE M. SALAZAR , a Notary Public, personally appeared RAYMOND E. GAIL personally ]mown to me (or proved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Arnerican Motorists Insurance Company, and acknowledged to me that he subscribed the name of the American Motorists Insurance Company thereto and his own name asAttttoorney-in-Fact. LIC, OFFICIAL SEAL ' `+LO""" ZARTARY PUBLICCALIFORNIAPRINCIPALOFFICEINNotary PL1b11C 1R and for tCo y of ORANGE COUNTYsion Expires FeMuary 18, 1989 ORANGE , State of CALIFORNIA 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 modifi- cation 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 25th day of June 19 86 at Anaheim california. PRIIJCIPAL Husby Construction APPROVED AS TO FORM. (NOTARXZAT=ON ASD S=) w Attorney SURETY American Motorists Insurance company V [ ' E. Gai rney in Fact ' (NOTARIZATION AND SEAS) -23- • • 3SM 680 190 00 Pre�t� Includes LABOR AND MA':'t'R=*- BOND KNOW ALL MF.N BY T3ESE PRESWI S : That WMMEAS, the City of San Juan Capistrano, a municipal corporation of Orange County , CaLoraia, has awarded to Husby Construction , LiCense No. 295696 , hereinafter GeSlgnateC aasPS1nC1p2LyTa, a cont,.-act, lo= city Yard Paving Proiect and WHEREAS, said P-..ncipal is required to fu.-xsish a bond in connection with the said cont--act providing that if said Principal, or any of his or its sub-cantracto=s, shall fail to pay for any matarials, provisions, provender or other supplies or teams used i.n, upon, for or about the performance of the work cant--acted to be done, or for .any work or labor done thereon of any kind, the surety or A-his bond will pay the same. NOW, TEEREFORE, we Husby Construction , P-7.nc3.palI and American Nbtorists Iris ce , as s=acy &=P- bald re bald firmly bound unto the City ouranSan Juga Cagi:stzano, a municipal corporation, in the penal s= of Thir TwoThousandEu n dreaznir DOLLARS ($ 32 830.00• ) , lawful money of a IInl state o America, for payment of wtl= sum well and tx to be made we .bind ourselves, our heirs, executors, a,aw.iytistrazors •and successors, jointly and severally, firmly by these presents. TSE CONDITION OF TSS OBLIGATION is such that, if said P-4mcipal, his or its heirs, executors, aftizistrators , successors or- assigns, or sub-contractors, shall fail tc 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 ansmployment Insurance Act with respect to such work cr labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney' s fee to be fixed by the sour-t. %his bond shall inure to the benefit of any and all pe--sons, 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 snit brought upon this bond. FMTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, altera- tion 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. -24- 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. IN WITNESS WHEREOF three (3) identical counterparts of this instr=ent, 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 S h day of June 19 g6. 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. _ Husby Construction PRINCIPAL By_ American Motorists Insurance Corpany -_ _ SIIRETY Raymonc'M Gail, Attorney in Fact APPROVED AS TO FORM. J R. Shaw Attorney -25- STATE OF CALIFORNIA ) ss: County of ORANGE ) On this day of R 5 � 19 before me LORRAINE M. SALAZAR , a Notary Public, personally appeared RAYMOND E. GAIL personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the American Motorists Insurance Company, and acknowledged to me that he subscribed the name of the American Mot to and his ownnamas Attorney-in-Fact. OFFICIAL SEAL LORRAINE M. SALAZAR NOTAARY PllBLIC— LIFORCALIFORNIA U PRINCIPAL OFFICE IN ORANGE COUNTY Notary Public in and for the gointy of My Commission Expires February 18, 1989 1 - ORANGE , State of CALIFORNIA CAT. NO. NNO0627 TO 1944 CA(7-82) TnxE INSURANCE ANOTRUSr (Individual) AT mm Y STATE OF CALIFORNIA COUNTY OF Orange } SS. On Ju1V 1 1 , 1986 before me, the undersigned, a Notary Public in and for r said State, personally appeared Rnut H. Husby as owner of Husby Construction It It ` proved to me on the basis of satisfactory evidence to be the person whose name he subscribed to the OFFICIAL SEAL within instrument and acknowledged that he ext- LORRAINE 141. SALAZAR of � NOTARY PJ5V9 — CALIFORNIA toted the same. II WITNESS m hand and official seal. il% PRI^iC�PAI OFFICE ry Y ORAfX1- COUNTY My Commission Expires February 18, 1989 SignatuC` e�11 (This arca for official notarial seal) CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated April 15, 1985 on behalf of_Raymond E. Gail of Anaheim.Califis a true and correct copy and that that same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said G. H. Kasbohm and R. H.Johnson who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscSjl�g6J rl�y name and affixed the corporate seal of the American Motorists Insur- ance Company on this day of F Mb 19 � S en L.Johanson,5e retary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind the Company except in the manner and to the extent herein stated. FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY, CALL(312) 540-2000, CONTRACT BOND DEPARTMENT; OR WRITE, CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE, ILLINOIS 60049. tM 836.3 %-84 1M un ct.w[ V1 nO1111111s Lra L1Ve Je'rvlces Receiptof t e foregoing Not' e of Award is hereby acknowledged. By / This <� - day of , 1986. 32400 PA5EU AULL..ANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493.1171 wrporaaon or the mace of uunois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. i My commission expires:July 6, 1488 VMargaret Redmore,Notary Public FM836-3 7-84 1M PRINTED IN U.S.A. Power of Attorney—Term please sign and return to thl • City Clerk's Department. Joao MEMBERS OF THE CITY�iM L. AUL �J(�RENCEO LAN HS MIL f Otllnlluy n KENNETH E. FR1ESS n,m 19i1 �;fY G"Y L. HAusooRVER 17767 PHILLIP R. SCHWARTIS •�• '' I,- CITY MANAGER STEPHEN B. JULIAN July 1, 1986 Husby Construction 3457 Paseo Flamenco San Clemente, California 92674 Re: Award of Contract - City Yard Pavinf Gentlemen: The City Council of the City of Jan Juan Capistrano at their regular meeting held July 1, 1986, awarded the contract for City Yard Paving to your colupan� at $32,830.00 . Enclosed is a fully executed copy of the Agreement for your records. Also enclosed are copies of bond forms to be used. These forms must be used in order for them to be accepted by the City. Please provide all required bonds and insurance within 15 days. If you fail to furnish said bonds and certificates of insurance within 15 days from the date of this Notice, the City will be entitled to consider all your rights arising out of the City's acceptance of your bid to be abandoned and as a forfeiture of your Bid Bond. The City will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award. 1 am enclosing page 14 of the bid documents which cites the City's requirements for bond amounts. Please take note of pages 17 and 18 of the Agreement regarding bond and insurance amounts. The City is also to be named as an additional insured pursuant to the Standard Specifications for Public Works Construction. These requirements must be met as stated before the contract is effective. Thank you for your cooperation. If I can be of any help to you, please do not hesitate to call. Very truly yours, l MARY ANWHANOVER, CMC City Clerk MAH/mac Enclosures cc: Director of Public works Director of Administrative Services Receipt of t e foregoing Nof.ce of Award is hereby acknowledged: By / This ( day of , 1986, 32400 PASEO AOLI.HNTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 Y • • AGENDA ITEM July 1, 1986 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract - City Yard Paving (Husby) SITUATION Bids have been received to pave an additional 20,000 square feet of City Yard on the Descanso Park side of the existing City facilities and are as follows: Husby Construction $32,830.00 Jerry Cross Paving Co., Inc. $35,885.00 Anderson Asphalt $37,925.07 Sully-Miller Contracting Co. $46,283.50 The project will provide the paved area to relocate Public Works storage facilities to the rear of the existing Public Works garages. Pavement materials, gravel and equipment will be primarily stored within this area. This project is interrelated to the modifications to the total City Yard facility. Staff is recommending award of contract to the low responsible bidder, Husby Construction. NOTIFICATION N/A COMMISSION/BOARD REVIEW, RECOMMENDATIONS The project has been reviewed by the Environmental Review Board and the Planning Commission. FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is $41,500. $135,000 was budgeted in account //06-4715-530 in fiscal year 1985-86 and there are sufficient funds available in the account for this encumbered project. Participation is expected from the Capistrano Valley Water District in the amount of $58,000 as their participative share in the costs of the overall yard improvements. Staff is continuing to work with the District in order to develop a cooperative agreement for use of the facilities. ALTERNATE ACTIONS 1. Award the contract. 2. Do not award the contract. 3. Request further information from Staff. / / AGENDA ITEM • July 1, 1986 Page Two RECOMMENDATION By motion, award the contract for the City Yard Paving to the low responsible bidder, Husby Construction in the amount of $32,830.00 and reject all other bids. Authorize the Mayor and City Clerk to execute the documents on behalf of the City. Respectfully submitted, I,.) , '� . a ^x✓-� W. D. Murphy WDM/BP:nb BID PROPOSAL For the: CITY YARD PAVING HUSBY CONSTRUCTION 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, 1985 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 tth�e' following pages •'o'f. this proposal, amounting to a total of: Sol-,40/) 0 W rds 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 forty-five (45) 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 -3- 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 ` 4 DDL--R'S ra,( i (Insert "$ ¢10(Do,, cash", cashier's check, certified check or bidder's bond, 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: /-OiG JOU S Y' GGit,iHH.!lC gvlk 1A7e iT Si'$ ��S Licensed in accordance with an act providing el the registration of con_ractors -- %,z License No. "S400%9 Signature of Bidder: HU 4Y CONSTRUCTION �A"N /Otfi DU.AC� -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: Ca— tto- lpj12;0 3,457 ?F -sc--o PcfrmLrlco Business Address CA a(off 1— Dated: �11V 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: Lq jY(o 117- Signature of Bidder Dated: 114 —Q1 ;— 001 b Telephone Number -5- SCHEDULE OF WORK ITEMS CITY YARD PAVING Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amour 1 L.S. Mobilization tor the lump sup price of LWT. (TZ) dollars. $ S�b 2 L.S. fradi�f�rq the lump sun price )(i-CA" 6dollars. $ (off,' r 3 302 T Asphalt concr e pav ng foF the unitprice of per tolla s $ r�{boU $ 41(o ton. 4 1006 T Aggregate base class II for the unit Xpric//ee� of ( (UV dollars ` `�� A per ton. $ 1 $1 'QC i 5 215 LF 2" x 4" redwood header for th unit price of c w (Os( ocv �bf1 per lineal foot. dollars $ i $ I000 —t- 6 1 Ea. Adjust existing storm drain manhole cover to gr de for the unit price of X W dollars per each. $ M $ 7'0,/ 7 14 CY 6" Thick P.C.C. Drainage Swale f r the it price of �_ - dollars per cubic yard. $ loo,- $ ' 8 1 Ea. Lower existing sewer manhole (3.0'+/ ) for the u it rice 0 " dollars per each. $ 30) $�I Total Bid Price (enter here and on Page 3) qL Words -6- DESIGNATION OF SUB-CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub-bids of the fol- lowing listed sub-contractors in making up his bid, and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications . It is understood and agreed that all those portions of the wcr.c 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. Z. 3 . 4 . 5 . 6 . 7 . 8 . HUSBY CONSTRUCTION BIDDER' AME AOTHORIZED SIGNATURE -9- NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) County of ®l1 AKyc_ ) ss . being first duly sworn deposes and says that he - a2lw&�2 of HUSBY CONSTRUCTION the party making the foregoing bid; that such bid is not made in the interest of. or an behalf of any undisclosed person, partnership , company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, - and has not directly or indirectly colluded, conspired, connived, .or agreed with any bidder or any- one else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference- with any one to fix the bid price of said bidder or of any other bid- der, or to fix the bid price of or cost element of such bid price , or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one inter- ested in the proposed contract; that all statements contained in such bid are true, and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto , or paid and will not pay any fee in connection there- with, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business . -7- on this the /4{ day of _Jci IV F— 19 before me, the undersigned, a Notary sH''P/Jublic in and for said State, personally appeared div? , yse/ , personally known to me/proved to me on the basis of satisfactory evidence , to be the person(al whose name (,4 IS subscribed to the within instrument, and acknowledged that executed it. =TAR - EAL WITNESS my hand and official seal. e� ITH ^ ALIFORNIANTYUN 3, 1987 EDV✓IN G, SMA1H To-tary Public in and for said State -8- BID BOND KNOW ALL YXN BY THESE PRESENTS, that we, .sus3Y CUNSTRULrIUN , as PRINCIPAL, and AMERICAN iVTORISTS INSURANCE COMPANY , existing under the laws of the State of California, and whose principal office is located in the City of the CITY OF SAN JUAN CAPISTRANO, Orange County, California, in the sum of Four Thousand ------------------------ DOLLARS ($ 4000.00 ) , lawful money of the United' States of America to be paid to the said CITY OF SAN JUAN CAPISTRANO, for which payment well and truly to be made, we bind ourselves , our heii^s, successors, executors , administrators and assigns 0' jointly and severally, by these presents . THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated June 16 .1986 , 1986 , for the construction of City Yard Paving 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. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this 11th day of Timp , 19 86 , 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) Husby Construction. PRINCIPAL By Ti a Owner. ATTEST (if corporation) Corporate Seal AMERICAN 1,=RISTs INSUMNC8 COMPANY SURETY ATTEST Title RAVi+mn , GATT._ ATMT,•NF..V TN FACT_ Title APPROVED AS TO FORM. at, � ,o R. Shaw C Attorney STATE OF CALIFORNIA ) ss: County of ORANGE ) On this day of ,to 1 1 1986 19 before me LORRAINE M. SALAZAR , a Notary Public, personally appearedRAYMOND E. GAIL Aarsonally known to me (or proved to ma on the basis of satisfactory evidence) to be the Attorney-in-Fact of the American Motorists Insurance Company, and acknowledged to me that he subscribed the nacre of the Acrnsica . Motorists Insurance Company thereto and his oow[/n/� /n/Aa/{^c^/e as©Attorney-in /—Fact. � OFFICIAL SEALmoi(/�'� L0.`iRA!PlE AA. SALAZAR NOIAR• P"Pt-IC — CALIFORNIA PR:nuc PSL OFFICE IN Notary Public 1T1 and for County Of ORANGE COUNI7 My Commission Expires February 18, 1989 ORANGE , State of CALIFORNIA CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated April 15; 1985. onbehalfof Raymond E. Gail of Anaheim, isa true and correct copy and that that same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said G. H. Kasbohm and R. H.Johnson who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, hav hereunto subsc d m ame and affi the corporate seal of the American Motorists Insur- ance Company on this day of 19 1411,47 . 5 en L.Johanson,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind the Company except in the manner and to the extent herein stated. FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY,CALL(312) 540-2000, CONTRACT BOND DEPARTMENT; OR WRITE,CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE, ILLINOIS 60049. FM 8363 764 V54 • AMERICAN MOTORISTS INSUF jCE COMPANY r___1Home Office: Long Grove, IL 60049 POWER OF ATTORNEY V GROUP Know All Men By These Presents: �J That the American Motorists Insurance Company,a corporation organized and existing under the laws of the State of Illinois,and having its principal office in Long Grove,Illinois,does hereby appoint Raymond E. Gail of Anaheim, its true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this'power and ending December 31, 1986, unless sooner revoked for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00)******** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1986. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 20, 1981 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board,the Chairman,the President,or any Vice President,or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 20th day of May, 1981: "VOTED,That the signature of the Chairman of the Board,the Chairman,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Board of Directors on May 20th, 1981 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof,the American Motorist s�IQ�ss�j{�ance Company has caused this instrument tok signed and its corporate seal to be affixed by its authorized officers,this�day of AArl1 , 19_ 1—. Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY BY Z R.H.Johnson,Secretary ' G. H. Kasbohm,Vice President STATE OF ILLINOIS COUNTY OF LAKE }55 1,Margaret Redmore,a Notary Public,do hereby certify that G.H.Kasbohm and R. H.Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. 0, � My commission expires:July 6, 1988 Margaret Redmore,Notary Public FM836-3 7-84 1M PRINTED IN U.S.A. Power of Attomey—Term AFFIDAVIT OF PUBLICATION This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA Proof of Publication of County of Orange I am a citizen of the United States and a resident of the NOTICE INVITING BIDS County aforesaid:I am over the age of twenty one years, and not a party to or interested in the above-entitled CITY'TA V IAVIMJ �� . . . . .. .. . . .. .. .. .. . matter. I am the principal clerk of the Capistrano Val- ley News,a newspaper of general circulation in the City of San Juan Capistrano, County of Orange, and which newspaper has been adjudicated to be a newspaper of general circulation by the Superior Court of the County WP,06 of Orange, State of California, June 5, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, paeurCountyofOrangeandtheSouthOrangeCountyJudicial ar�ew.aru.carttawaar v District;that the notice,of which the annexed is a true e .u.�►.wdawewAac..�aw�u printed copy, has been published in each regular and entire issue of said newspaper and not in any supple- t�.amc.dm..wiMAwa..wu ment thereof on the following dates, to wit: M° h""d°'�'�'O"^�'°'°�'•�"�' 16.U0 Por ae►wt dPlus wd�tldpolor WLI. . - MM AM BY KA"} A. May 29, .lune 5, 19861wfi�;+ ,xr !. I declare under penalty of perjury that the foregoing is ture and correct. Executed at Mission Viejo, Orange County California,this . ..5. ... . dayof „x_19 ..86. .. .. Signature Capistrano Valley News 123811 Via Fabricante P.O. Box 3629 Mission Viejo, Calif., 92690 � � s `�� .,, ���� � ��� � , � �* � w NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Jody Kolar, Legal FOR PUBLICATION ON: THURSDAY, MAY 29, 1986 and THURSDAY, JUNE 5 , 1986 DOCUMENT TO BE PUBLISHED: NOTICE INVITING BIDS - CITY YARD PAVING PROOF OF PUBLICATION: Please send to: City Clerk' s Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 AUTHORIZED BY: Z2�12.4 Z4 DATE: May 21 , 1986 Date of Bid Opening - 6/16/86 Date (s) notice published - 5/29/86 & 6/5/86 Date affidavit received - Date notice posted in designated posting places (3) - 5/29/86 (a ` f NOTICE INVITING BIDS CITY YARD PAVING Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the City Yard Paving until 2: 00 P.M. on the 16th day of June, 1986 . A pre-bid conference is scheduled at 10 : 00 A.M. on the 9th day of June, 1986 , at the City offices to assist contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at a non-refundable charge of $10. 00 , plus a charge of $5. 00 for each set of Plans and Specifications mailed. Dated: May 21 , 1986 MARY ANN HANOVER, CITY CLERK B DEPUTY I CLERK, CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA CITY YARD PAVING NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 16th day of June 1986, receive sealed proposals or bids for the CITY YARD PAVING in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1995 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 hirn for the work. A pre-bid conference is scheduled at 10:00 a.m. on the 9th day of June 1986, at the City offices. The contractor shall have the opportunity for clarification or interpretation 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. 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 forty-five (45) 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 this a/ s day of _ L . �Ly CITY C ERK (/ CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- AGENDA ITEM May 20, 1986 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Plans and Specifications and Authorization to Receive Bids - City Yard Paving SITUATION Staff is requesting approval of plans and specifications and authorization to receive bids for the paving of the City Yard Extension. This project will complete the additional 20,000 square feet of yard area on the Descanso Park side of the City facilities which has already been graded and fenced. NOTIFICATION N/A COMMISSION/BOARD REVIEW, RECOMMENDATION The project has been reviewed by the Environmental Review Board and the Planning Commission. FINANCIAL CONSIDERATIONS $135,000 was budgeted in account #06-4715-530 for improvements to the City Yard this fiscal year. The Engineer's estimate for this project is $41,500 and sufficient funds are available in the account for this work. ALTERNATE ACTIONS 1. Approve the plans and specifications and authorize Staff to receive bids for the City Yard Paving. 2. Do not approve the plans and specifications. 3. Request additional information from Staff. RECOMMENDATION By motion, approve the plans and specifications and authorize Staff to receive bids for the City Yard Paving Project. Respectfullysubmitted, D. � 7 W. D. Murph� WDM/BP:nb S •9w�af:- Jin � MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. SUCH HE'M 4 KENNETH E. FRIE55 'rydl'+'C 1 1961 GARY L HAUSDORFER 1 If PHILLIP P. SCHWARTZE 1776 �'� • CITU MANAGER STEPHEN B JULIAN March 9, 1987 Mr. Bill Heist, Claims Examiner Lou Jones & Associates 2900 West Broadway Los Angeles, California 90041-1091 Re: Husby Construction - City YardHusby Construction - City Paving, American Motorist Insurance Co. BondAmerican Motorist Insurance Co. Bond No. 3SM 680 190 00 Gentlemen: In reference to your letter of ,March 4, 1987, the following items are enclosed: 1. A copy of the contract between the City of San Juan Capistrano and Husby Construction Company for the project referenced above. a. The area paved was at our City facilities, 32400 Paseo Adelanto, San Juan Capistrano. b. Alta Loma High School has nothing to do with the project. 2. A copy of the original bonds. 3. A copy of Resolution No. 86-9-2-3 showing the total cost of the project and a copy of the warrant showing the date of final payment. If you have any questions, please do not hesitate to call. Very ly yours, Mary Ann H over, CMC City Clerk MAH/dms 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 LOU JONES 2900 WEST BROADWAY L� & P.O.SOX 41375 . ASSOCIATES LOS ANGELES, CALIFORNIA 9004'1 :...... ......: -t09t 12131 257-8291 (213) 259-3145 INSURANCE • BONDS March 4 , 1987 City of San Juan Capistrano Office of City Clerk 32400 Paseo Adelanto San Juan Capistrano , CA 92675 Re: American Motorists Insurance Company Bond Number : 3SM 680 190 00 Principal : Husby Construction Obligee : City of San Juan Capistrano Project : City Yard Paving Gentleperson, In reference to the captioned; Surety has received claims against our bond. Please be advised, we are investigating this matter with our Principal and claimant . Please provide the following information and documents in order that we can fully complete our file and as an aid to our investigation: 1 . Copy of the contract/agreement between City of San Juan Capistrano and above referenced Principal , Husby Construction. (a) . Please provide us with addresses or other identification of area (s) paved under "City Yard Paving" . Would Alta Loma High School be any part of this project? 2 . A copy of the original bond(s) in your possession. 3 . A complete accounting of contract funds . It is our understanding that all funds may have been paid to Principal by this time . How- ever, if any retainage is currently held by Obligee, Surety requests that they not be released without our written authorization. We trust you will find above in order and your prompt attention to this request will be very much appreciated. Very truly yours , LOU JONES F, ASSOC TES, Managing General Agent for: &A A AMERIC MOTOR INSURANCE COMPANY i '% o N 13 ill Heist Claims Examiner =+ (213) 259-3145 X CALIFORNIA NEVADA TEXAS THE TRAVELERS 1 HARTFORD, CONNECTICUT CANCELLATION NOTICE. Please take notice that the Policy designated below, issued to the insured named below, has been canceled. Your interest under the Policy is:anceled effective on the date stated below. v NOT TAKEN NOTICE. Please take notice that the Insured named below has not accepted the Policy designated below and therefore no insurance has come into farce thereunder. 4 ❑ AMENDMENT NOTICE. Please take notice that, effective on the date stated below, the Policy designated below has been amended as follows: t n� NAME 4107AD155 OF INSURED HUSBY ONSTRUCTION, 3457 PASEO FLAMENCO, SAN CLEMENTE, CA 92672 PRODU R AGENT ISSUING OFFICE �1 MARLIN INS. CENTER A1248 LA-741 C-2 �1 POLICY N0. EFFECTIVE DATE OF THIS NOTICE GATE ISSUED 650-628G483-2—TRI-86 01-12-87 I2-II-66CA LOCATION (Complete for Ftre Poh Nes or Fire C'ovenzges ONLY) VEHICLE IDENTIFICATION(Complete for A uta Policies o AWoCoverages ONLY) WRITTEN NOTICE IS HEREBY THE PERSON TO WHOM AN AN ADDITIONAL A BANK OF, FINANCE GIVEN TO YOU AS. WAS ORIGINALINSURANCELY YT ISSUED; —(IFICATE TERMS OF THE POLICY; 'J A MORTGAGEE;INSURED UNDER THE ❑ COMPANY FSAN JUAN CAPISTRANO I THIS NOTICE IS GIVEN ONLY BY THE COMPANY OR —DEPT. OF PUBLIC WORKS COMPANIES WHICH ISSUED THE POLICY DESIGNATED 32400 PASEO ADELANTO ABOVE' SAN JUAN CAPISTRANO, CA 92675 ATTN: KATHY WCOINQ L J C-5358 REV.7-77 PRINTED IN U.S.A. THE TRAVELERS J HARTFORD, CONNECTICUT CANCELLATION NOTICE. Please take notice that the Policy designated below, issued to the insured named below, has been canceled. Your interest under the Policy is canceled effective on the date stated below. ❑ NOT TAKEN NOTICE. Please take notice that the Insured named below has not accepted the Policy designated below and therefore no insurance has come into force thereunder. ❑ AMENDMENT NOTICE. Please take notice that, effective on the date stated below, the Policy designated below has been amended as follows: NAME AND ADDRESS OF INSURED HUSBY CONSTRUCTION, 3457 PASEO FLAMENCO, SAN CLEMENTE, CA 92672 PRODUCER OR AGENT ISSUING OFFICE MARLIN INS. CENTER A1248 LA-741 C-2 POLICY NO. EFFECTIVE DATE OF THIS NOTICE DATE ISSUED 650-628G483-2—TRI-86 01-17-87 12-11-86CM LOCATION (Complete for Fire Policies s,Fire Coverages ONLY) VEHICLE Polic-IDENies Auto(N(Complete L Auto Policies mAutoCmiemges ONLY) WRITTEN NOTICE IS HEREBY THE PERSON TO WHOM AN AN ADDITIONAL A BANW R ® INCERTIFICATE INSURED UNDER THE ❑ A MORTGAGEE; ❑ FINANCE GIVEN TO YOU AS: WAS ORIGINALLY ISSUED; TERMS OF THE POLICY; COMPANY CITY OF SAN JUAN CAPISTRANO THIS NOTICE IS GIVEN ONLY BY THgCOMPAHY OR —MARY HANOVER/CITY CLERK COMPANIES WHICH ISSUED THE POLICY DESIGNATED 32400 PASEO ADELANTO ABOVE. SAN JUAN CAPISTRANO, CA 92675 Ci358 REV.7-77 PRINTED IN U.S.A. n L12�' It f • dVAft r 1�- MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM �! iinlMllNll4 KENNETH E. FRIESS 61Ru3I14 � I96I GARY L. HAUSDORFER 176 PHILLIP R. SCHWARTZE a + • CITY MANAGER STEPHEN B JULIAN September 18, 1986 Husby Construction Company P. O. Box 636 San Juan Capistrano, California 92675 Re: Com letion of Los Rios Area/Mission Street and Ramos Street Improvements and jYard Pavin�Husby Construction Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held September 2, 1986, adopted Resolution No. 86-9-2-2 accepting the work completed for the construction of the Los Rios Area/Mission Street and Ramos Street Improvements in the amount of $60,223.63 and Resolution No. 86-9-2-3 accepting the work completed for the City Yard Paving in the amount of $35,118.30. Copies of Resolutions No. 86-9-2-2 and No. 86-9-2-3 are enclosed for your information. Council directed that the 10% retention for the Los Rios Area/Mission Street and Ramos Street Improvements be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on September 10, 1986; therefore, the final payment, in the amount of $6,022.36, may be released on October 15, 1986. Council also directed that the 10% retention for City Yard Paving be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on September 10, 1986; therefore, the final payment, in the amount of $3,511.83, may be released on October 15, 1986. Thank you for your cooperation. Very truly yours, MARY AN NOVER, CMC City Clerk MAH/mac Enclosures cc: Director of Public Works Director of Administrative Services Accounts Payable 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 CALIFdRNIA BREI IMI�IA�Y NO1`i�E YOUR ATTENTION IS DIRECTED TO SECTIONS 309. B AND 3111, CALIFORNIA CIVIL CODE WHICH RE(M US TO NOTIFY YOU THAT IF BILLS AR1,NOT PAID IN FULL FOR LABOR, SERVICES, EQUIPMENT OR MA'. S FURNISHED,OR TO BE FURNISHED, THE IMPROV PERTY (WHICH IS DESCRIBED HEREONMAY BE SUBJECT TO MECHANICS LIENS. ITHIS STATEMENT IS APPLICABLE TO PRIVATE WORK ONLY.: THIS IS NOT ALIEN.THIS 15 NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACT 9R OR SUBCONTRACTOR. 2_ YOU ARE HEREBY NOTIFIED: DAZE JULY 24, 1.986 THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION: O-TEGA ROCK QUAD} Z CI.E.SS T_I BA.^:f NN-AME, (DESCRIPTION OF MATERIALS,LABOR,SERVICES OR FQUIPMFNT FURNISHED 33977 ORTEGA. T Y . woDRess INDIVIDUAL SAT', JUXI CAPISTRANO, CA. 921 OR FIRM Lain ' - .11STATEI ¢IP < T? 1 ,yf T CITY LA. D - M -M ISIGNAtURE (ADDRESS OF BUILDING,STRUCTURE,WORK OF IMPROV EMENTI SAP? .TTI I CAPIST?24bT0 (TITLE - IDATO TITYI ISTAM (ZIP) THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF SUCH LABOR,SERVICE,EQUIPMENT OR MATERIAL NOTICE TO PROPERTY OWNER 1F bi*are Bret peel In Tell For Ube lobo,serriw,puipmem.ar Idto M moer- '.`'-!.?UT r'IZIS V s famished or famished, a mechook's Him leadinI.L. g le the Io , IS thr h wan Imedmuce asuB procmdmgs,of all or Pont of your property Ming w improted may be placed against the properly ever though you have paid your cmnranor in full.You may with to pretecl yourself againM this con- spuen[e by 11)re4rkhg your omrlrochI he fumbh a signed release by the person or firm giving you this notice before making pwre mn he year can- troom or(2)any diner method or devise which Is appropriate under the eircumamrtm. CITY OF SAN JUAN CAPISTPANO TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE TO. N324010 PA.SF.O ADELA_`iO LREPUTEDOWNER, WNER, NAME R ACOAGENCY ,. A",T T?)fiL.V CAPISTRA iO, CIA. 92675 ADDRESS NAME ;'IU'" TiUSBY ADDRESS r,REPUTED 26332 VIA ALANO NAME SANT R.T A.P? CAPIST'�RA.`?O, CA. 9Z67S ADDRESS IMATERIAL MEN NOT REQUIRED TO FURNISH THE ABOVE) NOTICE L : TO CONSTRUCTION LENDER ONLY TION - ESTIMATED TOTAL PRICE OF THE LABOR, SERVICES, R EQUIPMENT OR MATERIALS DESCRIBED HEREON. D UC R,ONR II PROOF OF SERVICE AFFIDAVIT (SECTION 0W).1,CALIFORNIA CIVIL CODE) El By personally delivering copies to declare that I served copies of the above PRELIMINARY NOTICE (check appropriate box). (a) at morne(s)and❑tle(s)of person served) (address) on 19 ,at _.m. (data) (time) (b) ❑ By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties of the addresses shown above on , 19 I declare under penalty of perjury that the foregoing is true and correct. Signed at ,California, on 19 [ATTACH RECEIPTS OF CERTIFIED OR REGI9ERiDMA1HEN,[2EIURNED] `�/' __'',,..((......II)) p p/ SIGNATURE OF PERSON MAKING SERVICE REDIFORM® 4S449 POLY PAK(50 SETS)4P449 A O J9 Ger s'e`. ' a 63 ' ` a 06 T300 lei CONTRACTOR COPY III; U�Ng PRODUCER THIS CERTIFICATE IS ASULU r NO RIGHTS UPON THC _EPTIN;C f'E f V J, EXTEND OPALTER illrE &A Y.- 1. 11"1 115 LU.71 A I I r'.- COM4NIFS AFForrl�Iqi-1 ::p4 T�F- 1.4 6 21 N ED r,cl t i ci f f St Z,e-,E2 t I SEU.I. Le j COMPANY A T. T Pr �anoama Ctv, CA 9 i zLETTER i 02 1 ___ ____ , -_ COMPANY INSURED LETTER B HLLS51DY I COMPANY , LETTER c .3,157 Pai-ec) F: [afit emcc) COMPANY OM 7-1 COMPANY P D San ClrR EEtmtf._­, CA 9.216 COMPANY F LETTER • THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A BOVE FOR TME POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RFSPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. Co I POLICY E�FLTJV- ,�,,jc,Lxp RA NN IIIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE MKDD,Y� �ATF Mkl�IJ, CU URRENCE AGGREGATE GENERAL LIABILITY A x COMPREHENSIVE FORM 6S062AGIZI 83-21-RIB 03/_SI U,96 0 3 2 S '18-1 1 INJURY $ $ PREMISES/OPERATIONS IEROEEan UNDERGROUND DAMAGE $ EXPLOSION &COLLAPSE HAZARD $ X PRODUCTS/COMPLETED OPERATIONS .V CONTRACTUAL CB10&PD 1$1 ool..j $l000 INDEPENDENT CONTRACTORS Z BROAD FORM PROPERTY DAMAGE ,X PERSONALINJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY UODIL• %Xp, ANY AUTO IPER PFRSClqi $ ALL OWNED AUTOS (PRIV PASS.) KDIL ALL OWNED AUTOS(OTHER THAN) INJURY PRIV PASS FEEL $ HIRED AUTOS 1 PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY ED COMBINED $ EXCESS LIABILITY UMBRELLA FORM 01&RD COMBINED $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY (EACH ACCIDENT) AND $ EMPLOYERS' LIABILITY $ (DISEASE POLICY LIMIT) I$ (DISEASE EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONSfVEHICLES/SPECIAL ITEMS Add, I 11I � I (:Df San JE.ian C-apistrano Dept. of Public Works as respPcts Lhis opercation (Drily - City Varcl Improve 49,__ le— SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL 9kVIIIIIIIIIIIINYPNI Citv of Ccapistvancj MAIL T, .D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 1)e I-.)t (D f Fl b 1.i c W o -ik s LEFT, a ft A A 0 1111 32'40C) Pasea AdelEarito AUTHORIZED PRESENTATIVE a I J L't r)ta t, cl p i FL I r�4 11 c) Ca. 926,75 4 � A MEMBERS OF THE CITY COUNCIL In y� ANTHONY L. BLAND �✓ X11 LAWRENCE F. BUCHHEIM ✓[� WORMER KENNETH E. FRIESS I5111t131l1 1961 GARY L. HAUSDORFER 1776 PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B. JULIAN MEMORANDUM TO: Interested Persons FROM: Mary Ann Hanover, City Clerk DATE: July 3, 1986 SUBJECT: Award of Contract - City Yard Paving The City Council of the City of San Juan Capistrano at its regular meeting held July 1, 1986, took action to award the contract for City Yard Paving to the low responsible bidder, Husby Construction. All other bids were rejected. Thank you for your interest in this project. If you have any questions, please do not hesitatetocall. MARY ANN NOVER, CMC MAH/mac cc: Director of Public Works Sully-Miller Contracting Company Anderson Asphalt Paving Company Jerry Cross Paving Company, Inc. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 CITY OF SAN JUAN CAPISTRANO ' COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS ' CITY YARD PAVING CITY COUNCIL KENNETH E. FRIESS, MAYOR ' PHILLIP R. SCHWARTZE ANTHONY L. BLAND ' LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER ' CITY MANAGER S. B. JULIAN DIRECTOR OF PUBLIC WORKS W. D. MURPHY MAY 1986 1 • ' TABLE OF CONTENTS ' CONTRACT DOCUMENTS ' TITLE PAGE Notice Inviting Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Prop sal ' Bid dine ofWor . tems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Schedule of Work Items . ,6 Non-Collusion Affidavit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 ' Designation of Sub-Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Instruction to Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ' Bid Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Performancence Bond . . .22 Labor and Material Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Listing of Surety Companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 SPECIAL PROVISIONS ' Work To Be Done. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Standard Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 ' Terms Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 Flow and Acceptance of Water . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .33 Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 Insurance and Overhead Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 ' Protection of Existing Utilities. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .34 Protection of Private Property . .34 Construction Zone. . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 Pre-Construction Coordination Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 ITEMS OF WORK AND METHOD OF PAYMENT Mobilization . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . ...... . . . . . . . .. .. . . . . . .. . . . . . ..36 Grading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 ' Asphalt Concrete Paving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 Aggregate Base Class Il . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • • . . • . . . . . .37 Redwood Headers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 Adjust Manhole Covers to Grade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 P.C.C. Drainage Scale . .38 Lower Existing Sewer Manhole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 ' Standard Plan S-1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 ' CITY YARD PAVING ' NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 16th day of June 1986, receive sealed proposals or bids for the ' CITY YARD PAVING in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1985 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 9th day of June 1986, at the City ' offices. The contractor shall have the opportunity for clarification or interpretation 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. ' 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 forty-five (45) 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 this aZJ s day of C,G(�Y�.J,� CITY CJZERK J CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- BID PROPOSAL ' For the: CITY YARD PAVING ' 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, 1985 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. tIf 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 forty-five (45) 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 1 -3- 1 • 1 and bids will be computed as indicated above and compared on the basis of corrected 1 totals. The estimated quantities of work indicated in the proposal are approximate only being 1 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 1 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. 1 It is also understood by Bidder that the City of San Juan Capistrano has the right to 1 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 1 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 1 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 1 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 1 terms of this proposal. Accompanying this proposal is (Insert 1 "$ cash", cashier's check, certified check or bidder's bond, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. 1 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: 1 Licensed in accordance with an act providing for the registration of contractors -- License No. Signature of Bidder: 1 i 1 1 -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: Business Address Dated: Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set ' forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: Signature of Bidder Dated: ' Telephone Number -5- 1 SCHEDULE OF WORK ITEMS ' CITY YARD PAVING Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amour. ' 1 L.S. Mobilization for the lump sum price of dollars. $ ' 2 L.S. Grading for the lump sum price of dollars. $ 3 302 T Asphalt concrete paving for the unit price of ' per ton. dollars $ $ ' 4 1006 T Aggregate base class II for the unit price of dollars ' per ton. $ $ 5 215 LF 2" x 4" redwood header for the unit price of dollars per lineal foot. $ $ ' 6 1 Ea. Adjust existing storm drain manhole cover to grade for the unit price of ' dollars per each. $ $ 7 14 CY 6" Thick P.C.C. Drainage Swale for the unit price of dollars per cubic yard. $ $ 8 1 Ea. Lower existing sewer manhole (3.0'+/-) for the unit price of dollars per each. $ $ Total Bid Price (enter here and on Page 3) ' Words $ ' -6- * • ' 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 of ' the party making the foregoing bid; that such bid is not made in the ' interest of or on behalf of any undisclosed person, partnership , company, association, organization, or corporation; that such bid ' is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, - and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or any- one else to put in a sham bid, or that any one shall refrain from ' bidding; that said bidder has not in any manner, directly or indirectly , sought _by agreement, communication or conference- with any one to fix the bid price of said bidder or of any other bid- der, or to fix the bid price of or cost element of such bid price , or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one inter- ested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly ' or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative ' thereto , or paid and will not pay any fee in connection there- with, to any corporation, partnership , company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business . ' -7- 1 On this the day of 19 ' before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name (s) subscribed to the within instrument, and acknowledged that executed it. ' WITNESS my hand and official seal. ' Notary Public in and for said State 1 -8- ' DESIGNATION OF SUB-CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of ' the Government Code of the State of California as amended, the undersigned certifies that he has used the sub-bids of the fol- lowing listed sub-contractors in making up his bid, and that the sub-contractors listed will be used for the worts 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 . 6. ' 7 . 8 . BIDDER' S NAME AUTHORIZED SIGNATURE -9- 1 • • 1 NSTRUCTION TO BIDDERS Securing Documents 1 Plans, specifications and other contract documents will be available for examination without charge and copies may be secured 1 in accordance with the "Notice Inviting Bids" . 1 Examination. of Plans , Specifications and Site of Work The bidder is required. to examine the site of work, the 1 proposal, the plans and the specifications, general conditions and specific provisions , and the Standard Specifications for Public 1 Works Construction, 1985 Edition, including all supplements , very carefully. He shall satisfy himself as to the character, quality 1 and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The 1 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 1 thereon are actually existent, nor shall the City or any of its Con-officers or agents be liable for any loss sustained by the tractor as a result of any variance between conditions shown an the plans and actual conditions revealed d=ing- examination or 1 progress of the work_ The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. 1 Interarstation of Drawings and Documents If any bidder should find discrepaAcies in., or omissions from 1 the drawings , specifications or other proposed contract documents , or if he should he in doubt as to the true meaning of any part lthereof, he shall at once mak& a written request to the Engineer for correction, clarification or interpretation of the point or 1 points in question. The person. submittiria. such a request shall be responsible for its prompt delivery. 1 In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly 1 and fully set forth, or if the Engineer discovers errors , ' -10- ' omissions , or points requiring clarification in the drawings or ' documents , a written addendum will be mailed to each person to whom a set of contract- documents has been delivered. The City will not be responsible for any instructions , explanations or interpretations of the documents presented to bidders in any ' manner other than written addendum. ' Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part ' of the contract documents and shall be returned with them. Be- fore submitting his bid, each bidder shall inform himself as to iwhether 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. Discualificatian of Bidders No person, firm or corporation shall be allowed to make, ' file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or cor- poration who has submitted a sub-proposal to a bidder, or who has quoted prices an 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 bath in words and in figures ; and the signatures of all persons signing shall be in longhand. where there is a conflict in the words and the figures , the words shall govern. ' -11- ' B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must ' be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be ' done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic ' proposals or modifications will be considered. 0. The City may require any bidder to furnish a statement of his ' experience, financial responsibility, technical ability, equip- ment and references properly and fully filled out. ' E. Each bidder shall List his proposed sub-contractors on the form accompanying the proposal in accordance with the pro- visions of the specifications . ' F. Each bidder must accompany his bid with either a cashier' s check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not less than ten (10) percent of the aggregate sum of the bid, which check. or bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will ' in good faith enter into such contract and furnish the required bonds . ' The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required ' by these documents , such check or bond, and the money re- presented thereby, shall remain the property of the City and, ' if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may ' suffer by reason of such failure , not exceeding the sum of ten (10) percent of the amount of the bid. A bid received and not accompanied by such cashier ' s check, certified check or approved bond shall be rejected. -12- ' G. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids , as hereinbefore specified in the "Notice Inviting Bids" . Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the. bidder, bid opening date and time ' of bid opening. Licensing of Contractor All persons , firms , partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawl of Bids ' Any bidder may withdraw his bid in person or by written request at any time prior to the- scheduled closing time for re- ceipt of bids . Opening of Bid Proposals The City will, in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids" . Bidders or their authorized representatives are invited to be present. ' Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids . The con- tract for the work will either be awarded or the bids rejected ' within the forty-five (45) days from the date set for the opening of bids . The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with ' the "Notice Inviting Bids" . The City, however, reserves the right to reject any or all bids and to waive mere informalities , minor technical errors or irregularities , obvious clerical errors or erasures. -13- ' ( 45 ) calendar days from the date of execution of the contract has been set for completion of the work. The bidder ' s attention is directed to the specifications as to provisions for extension of ' time of completion and/or assessment of liquidated damages . ' Assignment of Contract No assignment by the Contractor of any contract to be ' entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the ' awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of ' such assignment in writing and has consented thereto in writing. Workmen and 'loges ' 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. ' -lo- tThe bidder to whom the award is made shall execute a written contract with the City and furnish the stipulated bonds , insurance and bid breakdown within fifteen (15) days after the notice of ' award of contract_ The contract shall be made in the form adopted by the City. The release of the successful bidder' s surety deposit, ' as previously stipulated (page 5) , shall be made upon the City ' s acceptance of the Labor and Materials Bond and the Faithful Per- formance Bond_ rf 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 sha11 fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corpora- tion to which an award is made shall furnish evidence of its cor- porate existence and evidence that the officer signing the con- tract and bonds for the corporation is duly authorized to do so . ' Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material ' Bond in a sum not less than one hundred percent (1008) of the total amount payable by the terms of the contract and a Faithful ' Performance Bond in a sum not less than one hundred percent (1008) of the amount of the contract. Said bonds shall be secured from a surety company satisfactory to the City. Surety companies , to be acceptable to the City, must be authorized to ' do business in the State of California and be on the accredited list of the United States Treasury . ' Time of Performance ' The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently prosecuted until completion. A time limit of forty-five -14- CONTRACT ' This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City ' and Husby Construction 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 Bads , the Instructions to Bidders , the Proposal, the Bid Bond, the Non-Collusion Affi-davit, the Designation at 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, 1985 Edition, including all ' supplements, contract bonds, resolutions adopted by the City Council pertaining to the work, insurance policies and certifi- cates , and any supplemental written agreements amending or extend- ing 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 con-struction of City Yard Paving 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 Pasee Adelanto, ' San Juan Capistrano , California. ' THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lumpsum adjusted for variations of quantities , at the prices designated in bid proposal at the time and in the ' manner set forth in the Specifications . -16- 1 ' FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified ' in the Notice Inviting Bids. It is agreed that it would be im- practicable and extremely difficult to fix the actual amount of 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 , act in the nature of a penalty, one hundred dollars ($100) a day for each day delayed; ' provided that extensions of time with waiver of Liquidated damages , may be granted as provided in the Specifications.. ' FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR- agrees ONTRACTORagrees to furnish bonds guaranteeing the performance of this con- tract and guaranteeing payment of all labor and material used under ' this contract, as required by the Laws of the State of 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 ac- ceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering ' into or Incidential to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifica- tions. ' 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 ' judgement in such action against CONTRACTOR issuch action is determined in favor of. said City. The required Performance and ' Labor and Materials Bonds and Bid Band shall provide that the surety shall pay attorney' s fees incurred. by City in enforcing this agreement. -17- 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 wanes , 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 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- cont=act. 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 names insured, which such policies shall be of an amount not less than One Million Dollars combined single. limit. ' The insurancepolicies shall bear an endorsement or shall have an attached rider providing that in theevent 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 ' that 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing 1 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 con- struction agreement. -18- ' 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 stipu- lation that eight (8) hours labor constitute a legal day' s work ' and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the ' Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than- eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2 , of the ' California Labor Code, except as permitted by law. ' IN WITNESS WHEREOF, this contract is executed by the duly authorized agent.(s) of City, pursuant to Council action, and by .CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN CAPISTRANO DATED : BY ' Mayor Kenneth E. Friess ATTEST: BY Contractor Husby Construction ' Mary Ann Hanover, City Clerk ' APPROVED AS TO FORM: tJohn R. Shaw, City Attorney ' -19- 1 BID BOND 1 KNOW ALL MEN BY THESE PRESENTS, that we, 1 , as PRINCIPAL, and , existing under the laws of the State ' of California, and whose principal office is located in the City of the CITY OF SAN JDAN CAPISTRANO, Orange County, California, in 1 the sum of DOLLARS ($ ) , lawful money of the United' States of America to be paid to the said 1 CITY OF SAN JUAN CAPISTRANO, for which payment well and truly to be made, we bind ourselves, our heirs, successors, executors, 1 administrators and assigns; jointly and severally, by these presents . TBE CONDITION OF THIS OBLIGATION is such that whereas ' the Principal has submitted the accompanying bid dated 19 , for the construction of 1 for the City of San Juan Capistrano, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said 1 bid within thirty (30) days after the opening of same, and shall 1 within fifteen (15) days after the agreement has been presented to him for execution enter into a written contract with the City in 1 accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties 1 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 1 procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be 1 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 1asonable expenses and fomes , including reasonable ' attorney's fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment ' rendered. IN WITNESS WBEREOP, 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) PRIM AL 1 By Title ATTEST (if corporation) Corporate Seal SMMTY ATTEST By Title ' Title APPROVED AS TO FORM. Q4. V",DJR ' C Attorney ' • PERFORMANCE BOND 1 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) 1 ' 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 additior. ' 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. 1 2. Said Surety, for value received, hereby stipulates and 1 agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be -performed 1 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. i Executed this day of 1 at California. 1 PRINCIPAL i - 1 - . 1 APPROVED AS TO FORM. (NOTARIZATION AND SEAL) 1 � R. 2w Attney SURE'T'Y 1 1 (NOTARIZATION AND SEAL) i 1 i ' • • Pramium Included ' LA801 AND MATERIAL BOND XXOW ALL MEDT BY TEM PRESENTS-. That WEER..AS, the City of San Juan Capistrano, a municipal =rporation of Orange County, california, has awarded to , License No. hereinafter eessigaataa as '°Pr+acspajr, a contract or and WSMAS, said Principal is required to furnish a bond in naaction vith the said contract providing that if said Principal, r nay of his or its sub-rQat-ae". =, shall fail to pay for any saterials , provisions, provender or other supplies or tsams used IPupon, for er about the pertcz=a=e of the work contracted to done, or for .any work or labor done thereon of any kind. the surety or t'ais bond will pay the same. ' NOW, TSER:FORE, we , Pria paS, and as surety are fily bouaa auto the Csty of San Juan Caputraa�o, a mrMicipal 4=on, in the penal sum of = DOLLARS ($ ) , Lawfuul. money of the anitea State at ! -s.ca. for 'ayment a� wa3.ch num well and t_-u to be made we bind ourselves, ur heirs, esecators, sAMsm4str tors and succassors , jointly and severally, firmly by these presents. ' THE CCN ='W OF =5 OBLIGmnON is such that, if said Principal, his or its heirs, executors, aft nist.-ators, successors kassigns, or sub-pat-actors, shall fail torpayfor any materials , ovisionsr provender, or teams, or other supplies or equipment Fr ed ia, upon, for or about the perfo=nance of the work caatractad o be done, or for any work or labor done thereon. of any kind, or or amounts due. under the IInemplcymeat Insurance Act with respect ro such work or labor as required by the provisions of Title 1, vision S , Chapter 3 of the Government Code of Calitornia as d, that the surety will pay for the same in an amount not F eeding the sum specified in this bond and also in case suit is ught upon the bond, a reasonable attorney' s fee to be fixed the court. This bond ohs" inure to the benefit of any and ill persons, companies and corporations entitled to file claims Made= said act, so as to give a right of action to them or their =ssigns in any suit brought upon this bond. ' r=T=R, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, aitera- It. on or modification of the teat_-act documents or of the work to performed thereunder shall in any way affect its obligation on is bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract t cements or of work to be performed thereunder. ' I As a parttf the obligation securt 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. IN WI=SS WEM=P 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 c ccorporate party hereto affixed and these presents duly signed by its undersigned ' representatives pursuant to authority of its governing body. ' PRZNCIPAL SUR= ' APPROV= AS TO FORM. Jah&k R. Shaw C' Attorney LEJAI Page 2 ' Prepared By: Office of City Attorney San Juan Capistrano ' 7/29/85 LISTING OF SURETY COMPANIES QUALIFYING UNDER SURETY BOND COMPANY RATING CRITERIA ' The following surety bond companies are qualified to submit surety bonds to the City of San Juan Capistrano. The criteria utilized in rating surety bond companies are: ' A.M. Best Company Rating of "A"; U.S. Treasury Underwriting Limitation of $1,000,000.00 or more. ' Use of any other surety company may only be allowed with approval of the City Attorney. ' AID Insurance Company Aetna Casualty and Surety Company of Illinois Aetna Reinsurance Company Affiliated FM Insurance Company ' Alaska Pacific Assurance Company Allendale Mutual Insurance Company Allstate Insurance Company American Automobile Insurance Company American Casualty Company of Reading, Pennsylvania American Centennial Insurance Company American Credit Indemnity Company American Economy Insurance Company American Indemnity Company ' The American Insurance Company American Manufacturer's Mutual Insurance Company American Motorists Insurance Company American Mutual Liability Insurance Company American Re-Insurance Company American States Insurance Company Argonaut Insurance Company Arkwright-Boston Manufacturers Mutual Insurance Company Associated Indemnity Corporation ' Atlantic Mutual Insurance Company ' -26- ' Listing of Surety Companies, Continued Page Two ' Auto-Owners Insurance Company Balboa Insurance Company ' Bankers Multiple Line Insurance Company Boston Old Colony Insurance Company ' The Camden Fire Insurance Association Centennial Insurance Company Central Mutual Insurance Company ' The Central National Insurance Company of Omaha The Charter Oak Fire Insurance Company ' Cigna Insurance Company Commercial Insurance Company of Newark, New Jersey ' The Connecticut Indemnity Company Continental Casualty Company The Continental Insurance Company Continental Reinsurance Corporation Dependable Insurance Company, Inc. Employers Mutual Casualty Company Employers Reinsurance Corporation Fairmont Insurance Company Farmers Alliance Mutual Insurance Company ' Federal Insurance Company Federated Mutual Insurance Company ' The Fidelity and Casualty Company of New York Fidelity and Deposit Company of Maryland ' Fireman's Fund Insurance Company Firemen's Insurance Company of Newark, New Jersey First National Insurance Company of America Foremost Insurance Company Fremont Indemnity Company General Accident Insurance Company of America General Insurance Company of America ' General Reinsurance Corporation -27- '. Listing of Surety Companies, Continued Page Three ' The Glens Falls Insurance Company Global Surety & Insurance Co. Globe Indemnity Company Grain Dealers Mutual Insurance Company ' Great American Insurance Company Greater New York Mutual Insurance Company Gulf Insurance Company ' The Hanover Insurance Company Harco National Insurance Company ' Harleysville Mutual Insurance Company Hartford Accident and Indemnity Company ' Hartford Casualty Insurance Company Hartford Fire Insurance Company ' The Hawaiian Insurance & Guaranty Company Highlands Insurance Company ' Highlands Underwriters Insurance Company The Home Indemnity Company The Home Insurance Company ' Houston General Insurance Company INA Reinsurance Company ' ITT Lyndon Property Insurance Company Imperial Casualty and Indemnity Company ' Indemnity Insurance Company of America Industrial Indemnity Company ' Insurance Company of North America Insurance Company of the West Integrity Insurance Company ' International Insurance Company Iowa National Mutual Insurance Company ' John Deere Insurance Company Liberty Mutual Insurance Company ' Lumbermens Mutual Casualty Company -28- ' Listing of Surety Companies, Continued Page Four 1 ' Maryland Casualty Company Mead Reinsurance Corporation The Mercantile and General Reinsurance Company of America Michigan Millers Mutual Insurance Company Michigan Mutual Insurance Company Mid-Century Insurance Company The Millers Mutual Fire Insurance Company of Texas Munich American Reinsurance Company National Fire Insurance Company of Hartford ' National Indemnity Company The National Reinsurance Corporation ' National Surety Corporation Nationwide Mutual Insurance Company New Hampshire Insurance Company New York Underwriters Insurance Company Newark Insurance Company North American Reinsurance Corporation The North River Insurance Company North Star Reinsurance Corporation Northbrook Property and Casualty Insurance Company Northwestern Pacific Indemnity Company The Ohio Casualty Insurance Company Ohio Farmers Insurance Company Old Republic Insurance Company Pacific Employers Insurance Company Pacific Indemnity Company Peerless Insurance Company ' Pennsylvania Manufacturers' Association Insurance Company Phoenix Assurance Company of New York The Phoenix Insurance Company Progressive Casualty Insurance Company Protective Insurance Company -29- ' Listing of Surety Companies, Continued Page Five Prudential Reinsurance Company Ranger Insurance Company ' The Reinsurance Corporation of New York Reliance Insurance Company Republic Insurance Company Republic Western Insurance Company Royal Indemnity Company Royal Insurance Company of America SAFECO Insurance Company of America St. Paul Fire and Marine Insurance Company St. Paul Mercury Insurance Company Seaboard Surety Company Security Insurance Company ' Select Insurance Company Skandia America Reinsurance Corporation ' South Carolina Insurance Company The Standard Fire Insurance Company State Farm Fire and Casualty Company ' Transamerica Insurance Company Transamerica Premier Insurance Company ' Transcontinental Insurance Company Transportation Insurance Company ' The Travelers Indemnity Company The Travelers Indemnity Company of America ' The Travelers Indemnity Company Trinity Universal Insurance Company ' Twin City Fire Insurance Company Unigard Security Insurance Company United Fire & Casualty Company United Pacific Insurance Company United States Fidelity and Guaranty Company United States Fire Insurance Company -30- Listing of Surety Companies, Continued Page Six i ' Universal Underwriters Insurance Company Utica Mutual Insurance Company ' Valley Forge Insurance Company Vigilant Insurance Company ' West American Insurance Company Weschester Fire Insurance Company The Western Casualty and Surety Company iThe Western Fire Insurance Company Western Surety Company ' Westfield Insurance Policy ' -31- SPECIAL PROVISIONS 1. WORK TO BE DONE ' The work to be done under this contract in general consists of paving an additional area of City Yard. This area has already been graded and the work in this contract will consist of ' final grading and compacting and the construction of 190 lineal feet of concrete Swale and approximately 1006 tons of Class II aggregate base and 302 tons of asphalt concrete and ' other miscellaneous items. ' 2. STANDARD SPECIFICATIONS The Contractor shall perform his work in accordance with the Standard Specifications for ' Public Works Construction, 1985 Edition, hereinafter referred to as the Standard Specifica- tions. ' The Contractor shall maintain a copy of these books on the Jobsite 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 Public Works Director, Contractor fails to supply suit- able 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 Public Works Director, within the time specified in such notice, the City in any such 1 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 -32- 1 other parties to carry the contract to completion, employ the necessary workmen, substitute 1 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 1 contract price will be charged against the Contractor and his sureties, who will be liable therefor. 1 In the event of such termination, all money due the Contractor retained under the terms of 1 this contract shall be forfeited to the City; but such forfeiture will not release the Con- tractor or the sureties from liability or failure to fulfill the contract. Contractor and sure- ties 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. 1 Change 2: "Section 8 - Facilities for Agency Personnel" 1 Delete this Section. 1 3. TERMS DEFINED 1 Whenever, in the said Standard Specifications, the following terms are used, it is hereby provided that the following City Department or persons shall be intended: 1 AGENCY shall mean City of San Juan Capistrano whenever appropriate. 1 BOARD shall mean the City Council of the City of San Juan Capistrano. 1 ENGINEER shall mean City Engineer or other person(s) designated by same. 1 4. FLOW AND ACCEPTANCE OF WATER 1 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 responsi- bility of the Contractor to protect his work from danger due to any waters encountered. 1 -33- ' 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. 5. WATER Water will be available from the Capistrano Valley Water District. Arrangements for tempo- rary 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. ' 6. INSURANCE AND OVERHEAD COSTS The Contractor shall receive no direct compensation for insurance and overhead (move-in costs for example costs.) According, these costs should be prorated to the appropriate bid ' items. ' 7. PROTECTION OF EXISTING UTILITIES (UNDERGROUND SERVICE ALERT) ' The Engineer has endeavored to show all existing utilities. The Contractor must, however, take all due precautionary measures to protect all of the existing utilities. The Contractor ' must contact Underground Service Alert, prior to commencing work by calling 800/422-4133. 8. PROTECTION OF PRIVATE PROPERTY 1 The Contractor must remain within the construction zone to the best of his ability. The ' Contractor must protect all existing private property. 9. 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 pre- sentable 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. ' -34- 1 Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public 1 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 1 toher agencies in such streets, ways or parking areas. The Contractor shall be repsonsible for investigating conditions or available public and 1 private roads and of clearances, restrictions and other limitatrions affecting transportation and ingress and egress to the site of the work. 1 10. PRE-CONSTRUCTION COORDINATION MEETING 1 Prior to the commencement of construction, arrangements will be made for a meeting 1 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 con- tract, review scheduling, discuss construction methods and clarify inspection procedures. 1 The Contractor will be required to submit a complete schedule showing the number of work- ing days required to complete each phase of the project. M 1 M r r r 1 r 1 1 -35- ' SPECIAL PROVISIONS OF ITEMS OF WORK ' AND METHOD OF PAYMENT ' BID ITEM 1 - MOBILIZATION The contractor shall allow the amount shown in the schedule of work under Item No. 1 for mobilization of equipment, bonds, insurance permits, interest and other miscellaneous job costs. Payment The lump sum price shall include all labor, tools, and equipment necessary for mobilization; compensation will be based on the lump sum price named in the Schedule of Work Items ' under Item No. 1. Bid Item 2 - GRADING The area to be paved has been rough graded prior to this contract. The work for this bid item shall ' include all fine grading and compaction to 90% prior to laying aggregate base and all grading necessary to complete the project after concrete and paving construction. Work for this bid item ' shall consist of all excavation, structure excavation and backfill and fill per Sections 300-2, 300-3, and 300-4 of the Standard Specifications. Payment The lump sum payment for the item "Grading" shall include all cost related to the grading operations required for excavation, backfill and compaction as specified herein. Compensation will be based on the lump sum price named in the Schedule of Work Items under Item No. 2. ' BID ITEM 3 - ASPHALT CONCRETE PAVING This bid item shall include the furnishing and placing of asphalt concrete as indicated on the plans and in the specifications. The workmanship and materials necessary to complete the work as required shall conform to Section 302-5 of the Standard Specifications and Orange County Standard Plan 805. ' -36- Payment ' The unit price bid per ton for asphalt concrete shall include all labor, material, tools, and equipment necessary to construct the asphalt concrete paving, and no additional compensation shall be made. BID ITEM 4 - AGGREGATE BASE CLASS II The work for this bid item shall include furnishing and installing aggregate base Class II per the plan. Aggregate base shall conform to the Orange County Environmental Management Agency Special Provisions for untreated base materials (Standard Plan 804) and Sections 400-2 and 200-2 ' of the Standard Specifications. Payment ' The unit price payment for the item "Aggregate Base Class Ir' shall include all cost related to the furnishing and constructing the aggregate base as specified herein. BID ITEM 5 - FURNISH AND INSTALL REDWOOD HEADERS ' The workmanship and materials included in the work prescribed for this bid item shall conform to Section 204 and 305 of the Standard Specification. The work for this bid item shall include the furnishing and placing of redwood headers to conform ' to Section 302-5.4 of the Standard Specifications. ' Payment The unit price bid per lineal foot shall include all labor, materials, tools and equipment for ' the installation of redwood headers as specified and no additional compensation shall be made. ' BID ITEM 6 - ADJUSTMENT OF STORM DRAIN MANHOLE FRAMES AND COVER SETS TO GRADE The work for this bid item shall include setting existing storm drain manhole frames and cover sets to grade within the area to be surfaced. -37- Payment The unit price bid for adjusting manhole frames and cover sets to grade shall include all labor, materials, tools and equipment and no additional compensation •Hill be made. ' BID ITEM 7 - 6" THICK P.C.C. DRAINAGE SW ALE ' The work for this bid item shall include the furnishing and placing of 5-sack Portland Cement Concrete to the details and grades shown on the plan or staked in the field. ' Payment The unit price per cubic yard for the P.C.C. drainage swale shall include all labor, materials, tools and equipment necessary to construct the concrete swale and no additional ' compensation shall be made. BID ITEM 8 - LOWER EXISTING SEWER MANHOLE TO GRADE 3.0'+/- The work for this bid item shall include lowering the existing sewer manhole frame and cover to the new grade, approximately 3.0'+/-. The work shall include the removal of existing manhole and cone construction and reconstruction per City Standard Plan S-1 and shall include all materials necessary to lower the existing sewer manhole to the new grade. The City sewer at this manhole is under working conditions and the Contractor shall do all necessary protection work as approved ' by the City Engineer to maintain flow and avoid 'blockage or contamination. Payment ' The unit price for lowering the existing sewer manhole to grade shall include all labor, materials, tools and equipment and no additonal compensation will be made. 1 -38- ' y..r� 7e.`FEN ryl. p• aor r +v.v w+vw^ rA. s • —__�- ...�.� ._...- __. �. ..-._._. _ _ "ACF �� n�rl 'v e;pr •wAN",:_ ��•- 'ER IN (• hNC NH O_E.�EAVI I.LI"N JN ON ",'ARE ENv ANL' Fl_ ' AT UPFEA SECTf%lN TL GRAIN i PIPES -ter 2-12 LONG V C F JOINTS M rROVHN ELEVA'ION OF Al. AT INLETS AND OUTLET ]MALL er_ ••1'- SANE A5 THE CROWN �.r.J.. E-EvA^CN Cr T-r ,-NOrgT RARE R\ tPl,33 OTHEPMISE INOICATEL I�-�L•� \ MCTE FOR FRAME AMD COVER DETAn_-S.REFER 'C TME FIRST TW]PIPE JOINTS INTO X �� PLATE S-B, STANDARD MANHOLE FRAME ,ID OLf' OF EACH MANHOLE SMALL /' AND LOVER. BE A I SECTION. ! / l 1 31ANMOLE SHA' OOFNING TO BE �`,y I�fLOW PLACED ON DADDE WJhKa SIDE 0< YAMHO E LADDER Rt1N.9 ARE .ctC �J=� REQUIRED. SEE SEL" Z -O0. t' Ow`�r - _/ � G)' TOP STEP-S• OTHER STEP!-3•. i) .�_ •:�1 ) - 1 til 1u, II _ � si Iii CLAN STIRRUP TYPE STEPSPACED ,.- I I �f �••- C. IRE / CASf M PLACE AT TIME OF MANUFACTURE. STEP DETAIL ' rPLASTER FILLET / TO/OF PAVEMENT OR STEP NOT[: /EXISTING GRADE. MATERIAL SMALL BE W DIA. STEEL CONFORMING TO A.STAL A-15 OR A-107 GALVANIZED AFTER FABRICATION •� /PIOrZTi�iq = r ACODRD WITH A. M. A-123. I ST.1 I I -CEMENT MORTAR 2-3'COL,AR "I 7— SECTIONS W + O \H-CONE SMALL BE �7{ •� ECCENTRIC TO THE DOWN M •\ STREAM SIDE OF THE MANHOLE. .7 ' 1/2"GROUT BETWEEN ^II(A BEVEL JOINTS. t• 46" —" MANE DETAIL ~Iy SEE STEP DETAIL 3 WATER TIGHT UPPER RIGHT. AOINTS(TYR) GR ' > - - avER :• I 1/2-71 • i I.-:_: # I_L a �'- �� '1/E'GROYT 11C��wIH� R:4- CROWN [L[WT1P1 .Q BE EDWI JOINT DETAIL Y!10URE0 AGAINST UNDUTURGEQ SOIL. STANDARD 48" MANHOLE ' fWE: 4/"I.0. MANHOLE TO BE USED ON SEWERS 2d1 IN DIAMETER AND UNDER. 1 -39- CITY OF SAN JUAN CAPJSTRANO e STANDARD MANHOLE DETAILS I 1978 w• JJ. 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