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1990-1031_SPIESS CONSTRUCTION CO._Contract RECORDED AT THE REQUEST OF , ! RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 EXEPaPY City of San Juan Capistrano C17 City Clerk's Department 32400 Paseo Adelanto Cheryl Jo so City Clerk San Juan Capistrano, CA 92675 City of San Juan Capistrano, CA JAdela E F COMPLETION NOTICE IS HEREBY GIVEN thnt ct was heretofore awarded by the City Council of the City of San Juan Capistrali ornia, to Spiess Construction Company, Inc., for the performance of the folloor located at Rancho Viejo Road over Trabuco Creek: TRABUCO CREEK EQUESB YCLE BRIDGE AT TANCHO VIEJO ROAD That said work was completedil 1991, by said company according to plans and specifications and to the satin f the City Engineer of the City of San Juan Capistrano, and that said workce ted by the City Council of the City of San Juan Capistrano, as owner, 32400 Pala to, San Juan Capistrano, California 92675, at a regular meeting thereof het e 7th day of May, 1991, by Resolution No. 91-577-4 That upon said contract, the American In urance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, Californi , this 8th day of May , 1991. Cheryl Joh on, City Clerk `-- City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, Califor ia, do hereby certify under penalty of perjury that the foregoing Notice of Completio is true and correct, and that said Notice of Completion was duly and regularly order d to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano, California, this 8th day of May 1991. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY.CALIFORNIA 4:0PM MAY 101991 Cheryl Johns it lerk / City of San Juan Capistrano Q, 7.-sa#ie, ,Recorder City Copy CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and SPIESS CONSTRUCTION COMPANY INC. hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE. PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit, the Desig ation of Sub-Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specificatiors for Public Works Construction 1988 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council pertaining to the work, insurance polic' s and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work i i 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 Preparation of Shop Drawings, Fabrication Delivering and Installing of the Trabuco Creek E uest ian-Bic cle Bride in strict conformity with the Plans, Specifications and all other con ract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. City agrees to pa , and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantiti s, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting -14- Bids. it is agreed that it would be impt acticable 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; theref re, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalt i, one hundred dollars ($100) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Spec'fications. FIFTH. PERFORMANCE BOND AND ABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing t e performance of this contract and guaranteeing payment of all labor and material used inder 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 90 of the amount of this contract and shall be conditioned on full and complete perf rmance of the contract, guaranteeing the work against faulty workmanship and materi is for a period of one (1) year after completion and acceptance. The Labor and Matei ial Bond shall be for an amount of one hundred percent (100%) of the amount of this c ntract and shall be conditioned upon full payment of all Labor and Material entering i to or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Spec if ications. CONTRACTOR agrees to pay City suci 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 agre ment, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay att rney's fees incurred by City in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, co is 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 Faseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or -15- • a any SUB-CONTRACTOR under him, hall pay not less than the foregoing specified prevailing rates of wages to all workme employed in the execution of the contract. SEVENTH. INSURANCE. CONTRA TOR shall maintain at all times during this contract liability and property dama e insurance naming the City, its elected and appointed officials, the City's represen atives, their consultants, each of their officers, agents and employees, and the County f Orange, including the Flood Control District, as a named insured, which such policies hall be of an amount not less than One Million Dollars combined single limit. Insuran a certificates shall be for a minimum period of one year. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiratio or proposed cancellation of such policies for any reason whatsoever, the City shall b notified by registered mail, return receipt requested, giving a sufficient time befo a the date thereof to comply with the applicable law or statute but in no event less th n 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 atisfied. CONTRACTOR shall ihdemnify and ave harmless the City, its officers, agents, employees, and the County of Orange, including the Flood Control District, from and against any and all claims, demands, los 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 dei th of persons, damage to property as a result of, or arising out of, or in any manner cor nected with the performance of the obligations under this construction agreement. EIGHTH. COMPLIANCE WITH OTHER I PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is subject to the pr visions of the Government Code and the Labor Code of the State of California. It is tipulated and agreed that all provisions of law applicable to public contracts are a par of this contract to the same extent as though set forth herein and shall be complied ith by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to Gity, forfeit twenty-five dollars ($25) for each -16- DIRECTOR OF ENGINEERINGBUILDING E V 1. RESOLUTION, NOTICECOMP TIO L REPORT - TRABUCO CREEK E UE TRIAN- ICY LE BRIDGE AT C VIEJO AD SPIESS CONSTRUCTION COMPANY) (600. 30) Written Communication: Report dated May 7, 1991, from the Director of Engineering and Building, forwa ding the Resolution declaring the construction of the T abuco Creek Equestrian-Bicycle Bridge at Rancho Viejo Road o be complete. ecla atio of Work C e : It was moved by Cour Gilman Jones, seconded by Councilman Buchheim, that the fo lowing Resolution be adopted: RESOLUTION O. 91-5-7-4 . COMPLETION OF TRABUCO CREEKU RI -BICYCLE CH VIEJO ROAD - A RESOLUT ON OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPI TRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTIOt OF TRABUCO CREEK EQUESTRIAN- BICYCLE BRIDGE AV RANCHO VIEJO ROAD The motion carried by the following vote: AYES: Counci men Jones, Hausdorfer, Buchheim, Vasque , and Mayor Friess NOES: None ABSENT: None The Resolution accept d the work as complete in the amount of $99,339.95 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $9,934 thirty- five (35) days after recording the Notice of Completion. ORDINANCES 1. V SCO C OMPANY iLDOPTION) (46 r' Written Communicaion Re ort dated May 7, 1S91, from the City Clerk, advising that th$ Ordinance wals in roduced at the meeting of April 16, 1991, and was schedul d for adoption. -13- 5/7/91 , s AGENDA ITEM May 7, 1991 TO: Stephen B. Julian, Cit5 Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Resolution, Notice of Completion and Final Report - Trabuco Creek Equestrian-Bicycle Bri ge at Rancho Viejo Road (Spiess) SITUATION The construction of Trabuco Creek Eq estrian-Bicycle Bridge at Rancho Viejo Road has been completed to the satisfaction of 1 he City Engineer and is ready for acceptance by the City Council and recordation of a Notice of Completion with the County Recorder. NOTIFICATION Spiess Construction Co., Inc. COMMISSION/BOARD REVIEW RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS The contract was awarded to Spies Construction Co., Inc, for $95,507 and was completed for $99,339.95. The increasc in costs is due to the request, after bid opening, by CVWD to provide supports for a future eight-inch diameter welded steel water line. This cost of $3,832.95 will be reimbursed by CVWD. The project is budgeted in Account No. 12-6900-4704-121 for $110,000. The City has been granted $90,000 from the Orange County Transportation Commission (SB 821 Fund Program) and $89,825 from the California Coastal & Parkland Conservation Act (1988 Bond Act). The City will be reimbursed only to the extent of expenditures made. A full accounting is in process now for the equestrian-bicycle bridge construction and administrative costs under this contract as well as costs or the approaches and foundations which were constructed as part of the recently completed road bridge project. Staff will request that any funding surplus from the approved grants be applied to a future City project. FOR CITY COUNCIL AGENT?J / _/� AGENDA ITEM . • May 7, 1991 Page 2 ■ ALTERNATE ACTIONS 1. Accept the improvements. 2. Do not accept the improvements. 3. Refer to Staff for additional inforniation. RECOMMENDATION By resolution, determine that the work for the Trabuco Creek Equestrian-Bicycle Bridge at Rancho Viejo Road has been completed and declare the work to be accepted; direct City Clerk to forward a Notice of Com letion to the County Recorder for recording and authorize Staff to release the 10 perc nt retention in the amount of $9,934 thirty-five (35) days after the recordation of the N tice of Completion. Respectfully submitted, William M. Huber, P.E. WMH:BP:cl Attachments RESOLD ION NO. 91-5-7-0 COMPLETION OF TRABUCO CREEK E UESTRIAN-BICYCLE BRIDGE A AN V J ROADSPIE55 C NS U A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, C LIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF T E TRABUCO CREEK EQUESTRIAN- BICYCLE BRIDGE AT RANCHO VIEJO ROAD (SPIESS CONSTRUCTION) WHEREAS, on the 20th day of November, 1990, the City of San Juan Capistrano entered into a contract with Spiess Construction Company, Inc., for the construction of Trabuco Creek Equestrian-Bicycle Bridge at Rancho Viejo Road; and, WHEREAS, the Director of Engineering and Building has evaluated the final quantities and cost figures and recorr mends approval. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Juan Capistrano, as follows: SECTION 1. That the work required to be performed by said contractor has been completed. SECTION 2. That the total cost of said work is in the amount of $99,339.95. SECTION 3. That the vork is hereby accepted and approved. SECTION 4. The City Clerk is directed to forthwith forward a "Notice of Completion to the ounty Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 7th day of May , 1991. KTINNETR E. FRIESS, MAY ATTEST: CITY CLERK -l- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, 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. 91-5-7-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regula meeting thereof held on the 7t day of May , 1991, by the fol owing vote: AYES: Councilmen Jones, Hausdorfer, Buchheim Vasquez and Mayor Friess NOES: None ABSENT: None i (SEAL) CH t.R Y L J N SedN, I T ft-t-EfiRK i -2- CONTRACT CHANGE ORDER, Change Order No. 2 Beginning Contract Date November 20, 1990 Date February 21, 1991 Contract Amount $99,339.95 Project No.12-6213-4704-121-308 Previous Change Orders $ 3,832.95 Location Trabuco Creek Equestrian/Bri ge This Change Order $ o at Rancho Viejo Road Adjusted Contract $ 99,339.95 Item Decrease In Increase In No. Description of Changes Contract Price Contract Price 1. Extension of time to complete work due to unanticipated time expended by ity to review shop drawings and verify structural calculations. 0 2. Extension of time to complete work due to mill break down and scheduling problems and to subsequent review of available substituted floor beams. 0 Change In Contract Price Due to This Change Order $ $ 0 Net Change In Contract Price $ $ 0 TIME SCHEDULE: AC EPTANCE: DAT Total Contract Days 115 Ac epted by: Contractor Amount Prior C.O. (s) 5 Amount This C.O. 29 Recommended by:� Adjusted Contract Days 144 New Date of Completion April 13,1991 Approved by: /y e�\ e�. �itj b�1n G` i�f g 6 JwM R. I `f..- Please Bien, date and return 0 MEMBERS OF THE CITY COUNCIL to the City Clerk's Office. ^� 1 '1I, 14� ANTHONY L. BLAND T LAWRENCE F. BUCHHEIM DRUG USE ,s „I„,o„iIo KENNETH E. FRIEES IS _Thank you. uNUlem 1961 C 1y '' `I ,', GARY L. HAUSDORFER S 776 DCI,,dl T PHILLIP R. SCHWARTIE CITY MANAGER • f11�ti f_ _ STEPHEN B JULIAN NOTICE TO PROCEED TO: Spiess Construction Co., Inc. P.O. Box 2849 Santa Maria, California 934'5 Project: Trabuco Ci eek Equestrian-Bicycle Bridge Amount ofContract: $95,507.00 You are hereby notified to commencE work on the referenced contract on or before November 30, 1990, and to fully complete all of the work of said contract within 110 consecutive calendar days thereafter. Your completion date is March 19, 1990. The contract provides for an assessment of the sum of $100.00 as liquidated damages for each consecutive calendar day after Ma ch 19th that the work remains incomplete. Dated this 26th day of November, 1990. ( (.Z_C� y` Cheryl Johfison4 City Clerk ACCEPT NNCE OF NOTICE Re c of th f re OI Noti a t9, � roceed i herebyacknowledged by IUI, � - (�,I-��-C �ttitr his 21'I day of � —1 , 1990.8 32400 PAo EO ADLL wtj-I O. SAN JUAN C PISTRANO. CALIFORNIA 92675 • (714) 493-1171 T ease return this Copy to the citClerk's Office MEMBERS OF THE CITY COUNCIL p:nr�v.JNTHONY L. BLAND ~L�,1lAW RENCE F. BUCHH EIM QV� - Jn191,0A1tl0 I� KENNETH E. FRIESS 1f 6R11lxIP G1L"v 119�IAUSOORFER 1 6 PHILLI R. SCHWARTZE 0 • .. -,r CJTY MANAGER I F4TEPHEN B JULIAN November 21, 1990JtlA ."1 Ms. Debbie Tenant Spiess Construction Compdny, Inc. P. 0. Box 2849 Santa Maria, California 934E5 Re: Award of Contract - Tra uco Creek E estrian-Bic cl Bridge at Rancho Vie o Toad Dear Ms. Tenant: At their meeting of November 0, 1990, the City Council of the City of San Juan Capistrano awarded the contract for construction of the Trabuco Creek Equestrian-Bicycle Bridge at Rancho Viejo Road to your company at $95,507. A fully-executed copy of t is agreement is enclosed for your records. You are required to return an acknowledged copy of this Notice of Award. Thank you for your cooperation. If we can be of further assistance, please call. Very truly yours, (;?eLry -- City Clerk Enclosure cc: Director of Engineering ind Building Services (witi copy of contract) Director of Administrati a Services Receipt of the fore oing NOti a of Award is hereby acknowledged: By SPt coni LT1 n�lf cam• t�L cRETi y U This 2cf( day of �� gaEF: , 1990. 32400 PASEO ADELANTO, SAN JUAN CA ISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 0 SERRA and the City be approved to facilitate and operate the City's Waste Discha ge Pretreatment and Source Control Program. The City liaison will be appointed at a later date. 2 . ACCEPTANCE OF BIDS KID AWARDOF CONTRACTUCO CREEK EQUESTRIAN-BICYCLE BR O 600. 30 Written Communication: Report dated November 20, 1990, from the Interim Director of Engineering and Building, noting that five bids were received for the construction of an equestrian/bicycle bridge over Trabuco Creek at Rancho Viejo Road and recommending that the contract be awarded tc Spiess Construction Company, Inc. , the lowest bidder. Award of Contract: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimo sly carried that the contract for the construction of the T abuco Creek Equestrian/Bridge at Rancho Viejo Road be awarded to the lowest responsible bidder, Spiess Construction Company, Inc. , in the amount of $95, 507. All other bids were rejected. The Mayor and City Clerk were authorized to execute the document on behalf of the City. DIRECTOR OF PLANNING BERVIM 1. STATUS REPORTO 440. 10 Written Communicatio Report dated November,• 20, 1990, from the Director of Plan- ning, advising that two Intent to File for Development Review applications were received by the City since the last report of October 16, 1990. Approval It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried that the report be received and filed. 2 . APPEAL OF PLANNING C MMISSION DECISION - CONDITION 7C OF PC RESOLUTION NO, 89-10- A-2 . ARCHITECTURAL CONTROL 89-2 M (410.60) Written Communication: (1) Report dated November 20, 1990, from the Director of Planning, advising that Mr. Romer had appealed the Land Use Manager dete ination that a temporary construction for the Capistra o Collection project located on Ortega Highway and Rancho Viejo Road could not be obtained from Mr. Romer and relieving the development from that -17- 11/20/90 AGENDA ITEM November 20, 1990 TO: Stephen B. Julian, City Manager FROM: Ray Wellington, Interir i Director of Engineering & Building SUBJECT: Award of Contract Trabuco Creek Equestrian-Bicycle Bridge at Rancho Viejo Road SITUATION Bids were opened on Thursday, October 25, 1990, for the construction of an equestrian- bicycle bridge over Trabuco Creek at Rancho Viejo Road. The bids are valid until December 9, 1990, a period of 45 day from the opening date. Bids were received as follows: Spiess Construction Company, Inc. $95,507 Southern California Builders $100,000 Ryco Construction Company $104,040 All-Fab Specialties, Inc. $109,277 Hale Construction Company $115,500 It is recommended that the Council award the bid to Spiess Construction Company, Inc.. The project will provide a 10 foot wi e, 150 foot long equestrian-bicycle bridge over Trabuco Creek at Rancho Viejo Road. I he abutments and approach trails are being built with the Rancho Viejo Road contract wh ch is nearly complete. The contract phase will last approxima ely four months with completion anticipated in April, 1991. NOTIFICATION N/A COMMISSION/BOARD REVIEW RECOM OENDATIONS N/A FINANCIAL CONSIDERATIONS Account No. 12-6900-4704-121 is budgettd for $110,000, $90,000 of the budget amount is anticipated Grant funds. The City has been granted $90,000 from the Orange County Transportation Commission (SB821 Fu d Program) and $89,825 from the California Coastal and Parkland Conservation Act (1988 Bond Act). The estimated cost for the contract and construction management is $105,000. FOR CITY OUNCIL AGEN 1414 AGENDAITEM • November 20, 1990 Page 2 ALTERNATE ACTIONS 1. Award the contract for constructio of the Trabuco Creek Equestrian-Bicycle Bridge at Rancho Viejo Road to the owest responsible bidder, Spiess Construction Company, Inc., in the amount of 95,507 and reject all other bids. Authorize the Mayor and City Clerk to execute th documents on behalf of the City. 2. Do not award the bid and contract. 3. Re-advertize the project. RECOMMENDATION By motion, award the contract for cons ruction of the Trabuco Creek Equestrian-Bicycle Bridge at Rancho Viejo Road to the lowest responsible bidder, Spiess Construction Company, Inc., in the amount of $95,50 , and reject all other bids. Authorize the Mayor and City Clerk to execute the document on behalf of the City. Respectfull submitted, L ington, P.E. R TAL:ssg • 32804854 _ emium: $860 PERFORMANCE BOND / V/� KNOW ALL MEN BY THEE PRESENTS: That SPIESS CONSTRUCTION COMPANY INC. as Principal, hereinafter called CONTRACTOR, and The American Insurance Company, as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San 3uan Capistrano, as Obligee, hereinafter called CITY, in the amount of Ninety-Five Thousand Five Hundred & Seven ($95.507.OUDollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairl) by these presents. WHEREAS, Contractor his by written agreement dated October 31, 1990 , entered i to a (describe agreement): Contract for Trabuco Creek Equestrian-Bicycle Brid e 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 perfiwm 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 RESOLV D, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -20- GYkMAL , °EY 411E ANMC INSURANCE COM40Y KNOW ALL MVq BY THESE PRESENTS:That THE AMERICAN COMPANY,a Cwporaaoc duly oMn;r and tXitani tmdc the laws of the State of New lacy.and Firing its principal o?toe in the tiny of ft 6pp=X State of New JersTt has made,caastaind and appointed,and does by these presents make.oonUAUU and appoint RODNEY J. TAYLOR, ARTHUR C. ADM, PATRICIA GOLDEN and CAROL SMITH jointly r severally its true ad lawful Alto acy(s)-in-Fact,with fullpowtr and ambonrybert byconferred inns name,pfaotand stead.to accuse seal,acknowledge and deliver any - and all bvods.unda*akin&recogaiancvs or other-natenoblipuons' the natue_Lbcma — --- —�— s and to bind the Corporation thereby as fully and to the same wear a i if such bonds were signed by the Prmdent,sealed with the corporate seal of the Corporation and duly allcaod by in Serxaary,hereby ratifying and cool raining all that the said Aaoaaey(s}ia-Fero may do in the premises. This power of attorney is granted pursuant to Article VR,Sections 43 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full[ora and - effect. -- . _. _.. "Ardde VQ.Appotstmentasd ArWorhjotReddmtS6aentis,A rseysin-FsetWAgeowto soaptLegd Prsoossaud MAke APptaranora. - - Seetlon 4S.Appofatmewt.The Chairman of the Bond of Directors the President.any Vice-Prudent or a4 odw person authorized by the Board of Dfivelors,the the Board of = F Vice,11noidessa n2A in=thor to slaw,appoint Resident Assistsuat Secretaries and Aetorueys4s-Fact and act for anDirectors,behalf of the po on and Ageaft toaccept feed tHoctaoi and make appearances for and an behalf of the Corporation. Section 46.Asthorlty;The authority of such Resident Assistant Secret rim Atteroeya•lo-Fact and Agmtaakal begs proscribed is lke Wtrvmwt evidencing tbeh•appolst>sesL Any such appointment and all nathoftZrantedthere low bersvoked atanythoibytbellotrdo(Diseaonarby agpe+aaaempowered to make such appn4stmmt." This power of attorney is signed and scald under and by the authority f the following Rcmlution adopted by the Board of Directors of TILE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st lay of July,1984,and said Resolution has oat been amended or mpesled: -� "RESOLVED. that the signature of any VixPrcsidem, Assiva,. So retary.and Resident AMs^"•Scmvtuy of this Corporation.and the seal of this Corporation may be affixed or printed on any power of attorney.=any I evocation of any power ofanorncyorm ao7eatifsate relating thereto.by facsimile, and any power of attorney,any revocation of any power of attorney,or mraficate baring such Fa drftl v4pware or facsimile seal shall be valid and binding upon the Corporation:' INWITNESS WHEREOF,THE AMERICAN INSURANCE COWmN Y has caused these presents to be signed by its Vice-President,and its corporate seal to be hereunto affixed this 11th dayof Januar 19 89 vw4` THE AMERICAN INSURANCE COMPANY �+•,a co' rat-rmamt STATE OF CALIFORNIA 1 ' COUNTY OF MARIN )( ' 0,this 11th hay of January 19 89 before we personallyame R. D. Farnsworth to me known.who,being by me duly sworn.did depose and say:than h is Vice-President of THE.AMERICAN INSURANCE COMPANY.the Corporation described in and which executed the above instrument-,that he knows tho seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Car potation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my fficial sal,the day and year herein fent above wnum. tsaWNwuuuuwmWwnnsnsawanNssNaw� . OFFICIAL SEAL 3 J. M YAN -CAUF0 3 —_✓ V� ne�� = NOTARY PUBLIC•CAUFORNIA "�^� 7 Principal Office in ilarin County z 6W Cone aim Wim Aug, 28, 199I - CATE - �. S A3M OF CALIFORNIA COUNTY OF MARIN I,the undersigned,Resident Assistant Secretary of THE AMERICANCE COMPANY,a NEW JERSEY Corporation,Do HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full fort c and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the By-laws of the Corporation,and the Resolution of the,�77Boud of Direao s;set forth in rbc Power of Attorney,arc aow in fora. Signed and scaled u the County of Maria.Dated theJ��— day of TO • l9 360M—T:A-11-7 .9 2. Said Surety, for value i eceived, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 31st ay of October 19 90 , at San Jose , Calif rnia. PRINCIPAL Spiess Construction Co. , Inc. APPROVED AS TO FORM (NOTARIZATION AND SEAL) aL� - J R. SHAW, CITY ATTORNEY SURETY The American Insurance Com any (NOTARIZATION AND AL) -21- ATTORNEY-IN-FACT ACKNOWLEDOMENT No ZA State of California On IN the31st day of October 1g 90 SS. before e,the undersigned Notary Public,personally appeared County of Santa Clara P tricia Golden (name of attorney in fact). [a per nally known to me ❑ pro d to me on the basis of satisfactory evidence to be t person whose name is subscribed to the within instrument as attorney in fact f—The American Insurance ComQany (name of OFFICIAL,SEAT. person of appearing before Notary),the principal,and acknowledged to me WRA Al FREEMAN that she (he/she)subscribed the principal's name thereto and NOTARY PUBLIC•rNiOMtN My curn.� cpmn 996 her (his/her)own name as attorney in fact. WITNE hand and official seal. Not ry' Signature ATTENTION NOTARY:Although the information requested below is ZONAL,it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE Title or Type of Docume t MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Na ed Above O NATIONAL.NOTARY ASSOCIATION-8236 Rummel A"-P.O.Bos 7184•CanageP C/ 913D471B6 D STATE OF CALIFORNIA NK COUNTY OF Santa Barbara } ss. On LVOVP7[Iber 2,1990 before me,the u dersigned, S a Notary Public in and for said County and State,personal appeared Freje,rirk W. Spiess M personally known to me ❑proved to me on the basis of satisfacto evidence to be the President, and ❑personally (mown to me ❑proved to me on the basis of satisfactory evidence _ G F F t C I A t. SEAL to be the Secretary of the corporation that a crated the M , TY'JILA WOl)D NOTARY PUBLIC CAUFORNIA within Instrument, and acknowledged to me that such Toration SANTA BARBARA COUNTY ° m executed the within instrument pursuant to its by-laws or are lution of err cmnmis uwres na.t.1996 its board of directors. _ I o s Signature Notary Pubik in and for said Codarty and State - FOR NOTARY STAMP r • 132804854 Premium included LAB R AND MATERIAL BOND KNOW ALL MEN BY THE E PRESENTS: That WHEREAS, the City of Juan Capistrano, a municipal corporation of Orange County, California, has awarded t SPIF,SS C(1NRTRiV.TT N C. 1MVAmy TNC.- . License No.333gg9 . hereinafter designat d as "Principal", a contract for The Trabuco Creek E uestrian-Bic cle B idee and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if sai Principal, or any of his or its sub-contractors, shall fail to pay for any materials, pro isions, provender or other supplies or teams used in, upon, for or about the performanc of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Piess Construction Co. , Inc. Principal, and The American In urance Com an as surety, are held firmly bound unto the City o San Juan Capistrano, a municipal corporation, in the penal sum Of Ninety-Five Thousa Five Hun DOLLARS ($95,507.00), lawful money o the United States of America, for payment o which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, s cessors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the peri rmance of the work contracted to be done, or for any work or labor done thereon of an kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Gover ment 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 d, a reasonable attorney's fee to be fixed by the court. ThIs bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns In any suit brought pon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alter tion or modification of the contract documents or of the work to be performed thereun r shall in any way affect its obligation on this bond and it does hereby waive notice f any such change, extension of time, alteration or modification of the contract docum nts or of work to be performed thereunder. As a part of the obligatio 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 fe s, incurred by City in successfully enforcing such obligation, all to be taxed as costs a id included in any judgment rendered. -22- y • • IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall For all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 31st day of Octnh Pr 19 90 . The Mame 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. Spiess Construction Co. , Inc. PRINCIPAL//� By J/ . The American Insurance Company SURETY B -a++e Y Patricia Golden, Att r -in-Fact APPROVED S TO FORM i 4R. SH , "ATTORNEY 'll i -23- ATTORNEY-IN-FACT ACKNOWLEDGMENT No zoa State of California I On this the 31st day of October 19 90 SS. before rne,the undersigned Notary Public,personally appeared County of Santa Clara p tricia Golden (name of attorney in fact), j pers Wally known to me ❑ prov to me on the basis of satisfactory evidence to be th person whose name is subscribed to the within instrument as attorney _ The American Insurance Company (name of in facto OFFICIAL#RNIA person npt appearing before Notary),the principal,and acknowledged to me (AURA M FRthat I (he/she)subscribed the principal's name thereto and NgTANTAU C' jl hes (his/her)own name as attorney in fact. SAtITACWtANY COaO1.f.LDv�E J991 WITNESFmy ndandoffi a seal Notary' Signature ATTENTION NOTARY:Althoug the information requested below is OP ZONAL,it could prevent fraudulent attachment of this certificate to another document. THIS CERTIRCATE I Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT I DESCRIBED AT RIGHT: I Signer(s)Other Than Named Above a NATIONAL NOTARY ASSOCIATION @Zi6 Renxnat Ave.•P.O.3w7184.Cano,PM1.CA 9130011M B I D O P E N I N G R E P O R T Bids opened October 25, 1990 at 2:00 am/pm Project Title Trabuco Creek Equestrian-Bicycle Bridge Project Engineer Ted Simon j Pre-Bid Estimate $100,000 Bid Bid Bidder: Amount Bondi 1 All-Fab Specialties, Inc. C�� a-7 OG / nOT Un 2 . Hale Constru tion Company , ��� �/ dUy {oeM 3. William Murr y General Engineering Contractor 23 a 5� " 4 . Ryco Construction, Inc. 104 y6 V 5. Southern California Builders /60ODD 6 . Spiess Construction Co. , Inc. 7. 8 . I 9. 10 . cc: City C1 rk' s Staff (3) Signed Public orks (3) City Ma ager (1) Dated Th above bid amou4 s have not been checked. II The bid totals are subject to correction after the bids have been completely reviewed. . BID EROPOSAL For the: Trapuco Creek EquestrianBicycle Bridge Frm: Spiess Construction Coffpany, Inc. Contractor To the Honorable City Council City of San Juan C pistrano Gentlemen: The undersigned, bidder, declares thathe has carefully examined the location of the proposed work as escribed, examined t e Plans, Specifications, Special Provisions, and the Standard Spec Iications for Public Norks Construction 1988 Edition, including all supplements therefor, rend the Instructi ns to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said constructon in accordance witl 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 f Ilowing pages of this roposal, amounting to a total of: W ' 4 TL �P S $ 0J'" 61Q W ds id 5 Fig es Said amount to include and cover ap 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 i he work in the manner set forth, described and shown in the Specifica- tions or the drawi gs 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 one hundred and ten (110) calendar days. All bids are to be computed on the bas s of the given Estimated Quantities of Work, as indicated in this proposal, times the un t prices as submitted by the bidders. In case of discrepancy betw en words and figures, the words shall prevail. In case of discrepancy between unit pric s and the extension thereof, the unit price shall prevail and bids will be computed as Indic ted above and compai ed on the basis of corrected totals. • -3- The estimated quantities of work indicated in the proposal are approximate only being • given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to in rease 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 th� City of San Juan Capistrano has the right to reject thispropos l or to award a contr ct to the undersigned at the prices stipulated. If the proposal is r jected, then any ch ck or cashier's check shall be returned to the undersigned withi thirty (30) days. N bid bonds will be returned. If the proposal is accepted and the ndersigned fails to a ter into a contract within fifteen (15) days after the agreement is elivered to him for ignature, or within such further time as may be granted by the Ci y Council, then said c eck shall be cashed or said bond declared forfeit and an amount equal to the difference etween the lowest bid and the next lowest bidder who will executea contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for tf�e failure of the undersigned to comply with the terms of this proposal. Accompanying th Is proposal is bidder's bond (Insert • "$ c sh", cashier's check, ertified check or bidder's bond on the forms from Pages 18 and 19 f these Contract Do uments, as the case may be), in an amount equal to at least ten pe cent (10%) of the tot1 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: Jardine Insurarce Brokers, Inc. Sin Jose, CA Licensed in accordance with an act roviding for the registration of contractors -- License No. 333989 latureVofB, der Frederick W. Spiess, President -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: 10/23/90 P.O. Box 2849, Santa Maria. CA 93457 Business Address Dated: 10/23/90 (805) 937-5859 Telephone Number Further, the undersigned bidder certifie that he has thoroughly checked the figures set forth in this proposal, that they are cor ect to the best of his knowledge and that they constitute his prop sal for the work call d out herein. / Dated: 10/23/90 Y/�LJ. CO-+ Signature of Bidder Dated: 10/23/90 (805) 937-5859 Telephone Number • -5- SCHEDULE OF WORK ITEMS • Trabuco Creek Equestrian-Bicycle Bridge Approximate Work Ite s With Unit Price Item uantity i (Writ en in Words) Total Amount ii 1 LS Prepare sho drawings per the approved preliminary plans for the lump sun price of e>&e pD z h 4,d-&h4C4 llars. $_1,7 Z.2- �Gu 4'w%p �� 2 LS Fabricate t e bridge for the lump sum price of ' 'x Mar $ `N�ov6uwd yr ku ee ollars. 3 LS Deliver the bridge to the installation site for the lump sum price o -} 40,tSa"e/ ZWL dollars. 4 LS Install the bridge for the lump sum price ol 4-k&.47cr1Vfd 11v p r le wud dollars. $ Total Bid Price (Enter here and on Page 3) Words Figures -6- NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID • STATE OF CALIFORNIA ) SS. County of Santa Barblara _) Frederick W. Sgiiess , being first duly sworn deposes and says that he is'– President of Spiess Construction Co. . Inc. he party making the foregoing bid; that such bid is not made in t e interest of or on behalf of any undisclosed person, partnership, company, associat on, 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 id, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, com unication or conference with any one to fix the bid price of said bidder or of any other idder, or to fix the bid price of or cost element of such bid price, r of that of any othe bidder, or to secure any advantage against the public body awardi g the contract of any one interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, subrr itted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this generalusiness. DATED: 23 October 1990 SIGNATURE/ Frederick W. Spiess On this the ay of , 19_!&Lbefore me, the undersigned, a Notary Public in and for said State, per onally appeared .$�O/E�S personally known to me/proved to me n the basis of satisfactory evidence, to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that hip —executed it. ssiocs OFFICIAL SEAL WITNESS my hand and official seal. „ TWIIA WOOD NOTARY PUIRIC�CALIFORNIA SANTA BARBARA COUNTY MY Cemmic N eipirn in.1.19% Notary Public in a d for s6id State � I DESIGNATION OF YCR-CONTE�ACTORS Submit with Proposal. In combliance with the Provisions of Section 4100-4107 of the Government Code of the Stateldof California as amended, the undersigned certifies that he has used the 4ub-bitfrof th following listed c ea;racsecs in making up his bid, and that the sub-eorrtrattors li ted will be used fo the work for which they bid, subject to the approval of the ngineer, and in ac- rdance with the applicable provisions of the Specifications. It is understood and agr ed that all those portions of the work called for in the contract d uments for which a r is not listed will be performed by the undersigned hrough his forces. f no Ti6CtO9 are listed, all bonds and insurance will be ritten in the name of the general contractor only. S�PAG /'rL Item of Wok Address Phone No. 1 , Supply Bridge Continent 1 Rt. 5, Box 178 612-852-7500 ° y Bridge Co Alexandria, MN 56308 2 . 3 . 4 . 5 . 6 . 7 . 8 . Spiess Construction Co. , Inc. BIDDER'S NAME AUTHORIZEDSI NATURE Frederick W. Spiess, President it II 8 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) The undersigned declares that he or she i`; t PLED I DC—MT Of !�Pl aA COnl�fa�JC lO(�I �. . ztG, , the party making th foregoing Bid (Herei after, the "Bidder"). 1. Bidder's Con ractor's License Num er is as follows: 3-359009 2. The expiratio date of Bidder's Cc tractors License is S-3I 1992 . 3. Bidder ackn Wedges that Section 028.15(e) of the Business and Professions Code provides as f [lows: "A licensed contractor shall not su mit a bid to a public agency unless his or her contra c is license number ,appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that the representations therein are mad under penalty ofperjury. Any bid not containing his information, or a bid containing information which is subsequently proven false, shall a considered nonresponsive and shall be rejected by t e public agency." The undersigned declares under penalty f perjury that the foregoing is true and correct. Executed on octOber 23 19 90 at l (insert city and state where declaration signed), Gr/ ignature W. �l yped Name PR-ESt1)e IT itle 5P(e�(, 60q---1 R C--r orJ CO. Tt4. ame of Bidder BID BOND l KNOW ALL MEN BY THESE ,PRESENTS, that we, Spiess Construction Co. , Inc. as PRINCIPAL, and The American Insurance Company as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF. SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the s m of $ 10% of Bid for payment whereof Principal and Surety bind themselves, their heirs, exeinlstrators, successors, and assigns, jointly and severally, fairl by these presents. THE CONDITION OF THIS (OIBLIGATION is such that whereas the Principal has submitted the :accompanying bid datbd October 25 1990, for the construction of The T'abuco Creek E uestllian-Sic cle Bride for the City of San 3u an Capistrano, Oran6e County, California- THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after ; opening of same, an shalt, within fifteen (15) days after the agreement has been presented to him for exe ution, enter into a written contract with the City in C accordance w►th the bid as accept d, and if the principal shall glue the required bond with good an�f sufficient sureties, or sureties for the faithful performance and proper fulfillment 01 such contract and for the protection of laborers and materlalmen, 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 kmount specified in said bid and the amount for which the City may procure the required liwork and/or supplies !if the latter amount be in excess of the former, then the above ob igatlon shall be void nd of no effect, otherwise to remain in full force and virtue. Furt 'or, as a part of the bligation secured hereby, and in addition to the face amount s ified therefor, there shall be Included costs and reasonable expenses and fees, intludi g reasonable attorne 's iees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. � I _18- IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this ' 11th day of Oct 19_90,, the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by Its u�derslgned representagIlve pursuant to authority of its governing body. Spiess Construction Co. , Inc. Two Witnesses (If individual) pR CI L Frederick W. Spiess Titles President ATTEST (If C rporation) The America Insurance Com any Corporate So i S BY: C ATTEST Titles Attorney-in-Fact Title APPROV AS TO FORM: o n C ty ttorney -19- ATTORNEY-1111111-FACT ACKPOOWLEDGMENT No eon State of Cal i forni a On this'the 11 th day of October 19 90 SS. before ane,the undersigned Notary Public, personally appeared County of Santa Clara P tricia Golden (name of attorney in fact), per onally known tome ❑ pro ed to me on the basis of satisfactory evidence to be t e person whose name is subscribed to the within instrument as attorney The American Insurance Company in fact�f (name of personnot appearing before Notary),the principal,and acknowledged to me the i s he (he/she)subscribed the principal's name thereto and LAURA 6L FR OFFICIALEAI, �is/her)own name as attorney in fact. E 1, JiMANY6LK• O41aA WITNESS my hand an fficia seal. SW TA CWP N'Cams Eto111 1Y.1941 [ � Notar�'s Signa(06 ATTENTION NOTARY:AlthouiOh the intonation requested below is OPTIONAL,it could prevent fraudulent allachment of this certificate to another document. THIS CERTIRCATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above O NATIONAL NOTARY ASSOCIATION-8236 Remmet Are.•P.O.Boy 7181.Carppe Pork,CA 913 7184 II it POWER ATTORNEY- TIE AMERICAN INSURANCE COWRY YNOW ALL MEN BY THESE P Tbu THE AMERICAN INSURANCE COMPANY,a Corpotaoon dray organized and raisa, undo the laws of the State of New Jerzy,and baying its principal office in The City of Pars}ppUM Sao o!New Jersey,has made.maturated and appouned,and do=by tbm preamts maks oonxitWeand appoint ; ROD.NEY J. T4YLOR, ARTEM C. ADAMS, PATRICIA GOLDEN and CAROL SMITH s jointly or everally its true aid lawful Ammney(s)-io-Fact,with full po cand authority hereby confarediniu>yme.place and stead,to execute,sell,acknowledge and deliver say _.:...-.and all bonds.undersafvnt; ... m other wnnab obSptimr in nature thereof _ - and to bind the Corporatoon thereby:}};ss fully and to the same eaeal as if such bonds were siaocd by the President,sealed with the corporate seal of the Corporation and duly arrested by its Sdseruy,hereby ratifying and oonf#xning an that the said Axwrncy(s)sa-Fact may do in the premises. Ibis power of aaorneya granted pesrsytot[o Article VR.-Semous 43 aaqs6 of By-laws of THE AMERICAN INSURANCECOMPANY now is full force and effect. - I I "Article Vn.AppolnnsentaodA4,40tity ofReddeatSeeejewAtts act and Agents so taxptLgal Process and Mahe Appearances, Section 45.Appointment.The o of the Board of the President.aw VkaPtesideat or any other person asthMted by the Board of Directors,the CTakmaa of the Board of Dfrnectctors.the PresiVta-Prendeen retA frau:tlae to tient.appoint Resident Assistant Secretaries and Aftmvcytda-Fw to represent and act or sod on behalf of the rad Ageau to accept legal proves"A make appearances fm and as behalf of the Corporation. Section 46.Authority.The aathoti of such Resident Assistant Attmieya4a•Futtrd AgmtauduR 6esptactibedbthe iaevidencingrament evidencing tberappolutinent Any sack appoin t and all authority granted y no be malted at any dow by the Road of Diredoo or by any person emp tweed to nake web appointment This power of attorney is signed and ed under and by the authority f the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY u a maeti dulyalled and told on the31st y of July,1984,and said Resolution bas am been amended mrepealed., -t "RESOLVED. that the signature of y ri Freddcmt-Assistant ,and Resdeat Asdwm Secretary of this Corporation, and the seal of this Corporation may be affixedorp on any pow¢oflntotney,oa any evesatioa ofaaY power odattorae7emona¢yeY ('ate relating[heaeto,by faaim8e, and any power of aaomey,any r tion of any power o[aaotsrf,mlaradiate bearing such facsimile sigaattae or faesimde seal:Anti be valid and binding upon the Corporatiou." - IN WITNESS WHEREOF,THE CAN INSURANCE COMPAi has causedtbese presents to be signed by its Vioe-President,and its corporate scat to be hereunto affixed this 11th yof Januar _ 19 89 THE AMERICAN INSURANCE COMPANY �hQ N� Y,v'(�sfine STATE OF CALIFORNIA COUNTY OF MARIN 11th Januar• R. D. Farnsworth On the day of 19 89 before me personally came to me know¢,who,being by me dul sworn,did depose and say:that a is Vioe-President of THE AMERICAN INSURANCE COMPANY.the Corporation describedis and which executedthe bore(vstrument•,that be knows seat afraid Corpmuiom that the seal affixed m the said instrumaat is such corporate seal;that it was so affixed by order o the Board of Directors of said rpmadon and that be signed his name thereto by like order. IN WnNESS WHEREOF,I bare h canto set my bawd and affixed my official seal,the day and year berm fax above written. �RaRitNlIN1NtIWItawWallttttt talrltNttaNA? OFFICIAL EAL s J. X VAM9 ORT ICL t NOTARYPUBLIC• AUFORNIA Principal 0lfine in ,grin :ocary Aur Canecsion Expieer Aug-38,1992 - - - - 1 CERTIFICATE - - iatWlNatttwtlltlNlaMlNWltw smNastrsieii —`- -.•_,.�_. - - - _-_-. _. .. - - STATE OF CALIFORNIA _ -�� �. ._ COUNTYOFMARIN I,the undersigned,Resident Ass' tsecretary ofTHE AMERICAN NSURANCE COMPAIYY,aNEW JERSEY Corporation.DO HEREBY CERTIFY that the foregoing andattached POWER FATTORNEYremainsinfullf ren and has am been rucked;and furtbamtore that Article VII,Sections 45 and 46 of the By-taws of the Corporation,and th Resolution of the Bond ohDir ors;tat forth is the Power of Awortoy,are now inform. Signed and scald u the County of aria.Dated the day it 19 o .�:.. asOQAuvaae5m 360712—TA—Ill! A The motion ciarried by the following vote: AYES:r Councilmen Schwartze, Friess, Buchheim, Bland and Mayor Hausdorfer NOES: None ABSENT ABSENT: None The Resolution set the following monthly rates effective October 1, 1990: I Reside tial - Curb and Road ide Pick ps located on paved, t 0 -lane road $ 10.42 Comm rcial - based on the f rnishing of one 3-cu is-yard metal contain r by the cont actor; rates including ontainer rent 1, maintenance and pi kup: pickup per week $ 66.59 pickups per week $100.89 pickups per week $135.20 pickups per week $168.29 pickups per week $203.82 pickups per week $238.17 DIRECTOR OF LANNING SERVICES 1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) Written Co munications: Report dat d ptember 18, 199 , from the Director of Planning Services, advising that three iew project applicati ns were received by the City since the last report of August 21, 1990. With the c ncurrence of Council, Mayor Hausdorfer ordered the report received and filed. DIRECTOR OF NGINEERING AND UILDING SERVICES --�> 1. APPROVAL OF PLANS SPECIFICATIONS AND AUTHORIZATION TO CALL K EOUESTRIAN/BICVCLE BAME AT RANCHOVIEZO RLOA 60 Written C mmunications: Report dated ptember 18, 19 0, from the Interim Director of Engineering and Building rvices, requesting ap roval of plans and specifications and a call for bids for thede ign, fabrication, and nstallation of the Rancho Viejo Road Bikeway and Equestrian Bridge. The City's a timate for the project was $100,000. The City was notified t at $90,000 of Califo nia Coastal and Parkland Conservation Act funds would be available for this pr jest. Fabrication and installation is tentatively scheduled or completion in Mar h 1991. -6- 9/18/90 f Approval ofplans, Specifications and Call for Bids: It was mo ed by ouncilman Buchhe:m, seconded by Councilman Friess and unanimously carried that the plans and specifications be approved for the design, fabrication and installation of the Rancho Viejo Road Bikeway and Equestrian Bridge. St4ff was authorized to gall for bids. DIRECTOR OF OMMUNITY SERVICES 1. AWARD OF CONTRACT - OPENI SPACE MASTER PLAN CONSULTANT THE KEIT FRENCH ROUP 600.30 Written Co munications: Report da ed September 18, 990, from the Community Services Supervisor, summarizi g the steps the City as taken to date relative to the Open Space Bond issue. The Report also reviewed the consultant selection process for the preparation of the Ma ter Plan of the north rn and southern properties in coordination with the Citizens' dvisory Committee. Linda Eva s, Community Servi es Supervisor, made an oral report, noting that presentati n of- the Master Pla to the City Council is anticipated for December 1991. Sh commended the Co mittee members for their work and introduced the consultant recommended by th Committee, Keith French of the Keith French Group. Mr. Julian commended staff an the Committee and noted that the Keith French Group wa chosen because of their degree of sensitivity to environmental and archaeolo ical issues. He f rther noted that the Coastal Conservancy was comforta le with the recommen ation. Approval f Contract: It was m 'ed by ouncilman chwartze, seconded by Councilman Buchheim, and unanimou ly carried that the onsultant Services Contract between the City and The Keith French Group for pre ration of the Open Space Recreational Master Plan be appro d. Staff was direc ed to appropriate $304,194 to the project from the bond pros eds. i COUNCI IC ITEMS 1. ORAL REPORTS OF OUTSIDE GENCIES Ca istr o Valley Wastewater uthorit (1040.60): councilor nuchhe:m noted t at an agreement was in process for distribution of surplus w tto er the San Juan B sin Authority. South Eat Re ional Reclamati n Authority (SERRA) (1040.60): ouncil an uchheim reporte that the sludge handling processing for composting of raw s udge out of the trea ntht plant had begun. He noted the progress being made re arding general maint nance of the plant and the efforts to have Capistrano Beach as a full partner. -7- 9/18/90 AGENDA ITEM September 18, 1990 TO: S�ephen B. Julian, City Manager FROM: R�y Wellington, Interim Director of Engineering & Building SUBJECT: Approval of Plans and Specifications and Authorization for Bids - T�abuco Creek Equestrian-Bicycle Bridge at Rancho Viejo Road SITUATION On March 20, 1990 Council approved Resolution No. 90-3-20-4, which requested $90,000 from Senate Bill 821 Funds to design fabricate and install the Rancho Viejo Road Bikeway and Equestrian Bridge and also approved a project to build the bridge. On July 9, 1990, the Oran e County Transportation Commission approved the FY 1990-91 SB821 Fund Program, allocating $90,000 fortis project. On February 2, 1990, the California Department of Parks and Recreation notified the City that our application for $90,000 to fund this project, from the California C astal and Parkland Conservation Act (1988 Bond Act), is in the 19190-91 budget for $89,825. The preliminary plans for the bridge and approaches have been reviewed and approved by all of the City Commissions and the Orange County Environmental Management Agency (OCEMA). The approach trails and bridge abutments are being constructed by the Rancho Viejo Road Bridge widening contract. A noti a inviting bids to pr pare shop drawings and fabricate and install a bridge according t the specifications will be advertised for four weeks. The bid award is tentatively sched led for November, 1990, and the fabrication and installation is tentatively schedu ed for completion in March, 1991. NOTIFICATION N/A COMMISSION/BO RD REVIEW RECON MENDATIONS N/A FINANCIAL CONSIDERATIONS Account No. 12-6900-4704-121 is budgeted for $110,000. $90,000 of this amount is anticipated grant funds. Therefore, counting both grants there is $189,825 available for this project. The stimated cost to pre are shop drawings, fabricate, deliver and install the bridge is $100, 00. ALTERNATE ACTIONS 1. Approve the plans, specifications a d call for construction bids. 2. Do not approve the plans, specifica ions and call for construction bids. 3. Refer to Staf for further information. \\ 11 FOR CITY COUNCIL AGENDVVVVVV���! 3 AGENDA ITEM • September 18, 1940 Page 2 RECOMMENDATION T By motion, approve the plans and spe ifications and authorize Staff to call for bids to prepare shop drawings, fabricate, del ver and install the Trabuco Creek Equestrian- Bicycle Bridge. jR Respect bmitted, ington, P E. TGS/TAL:cl cc: Karen Croc* Harry Weinr th I AFFIDAVIT OF PUBLICATION Space beITAor linggta�p o"iy!0!'! c. JUAN STATE OF CALIFORNIA COUNTY OF ORANGE I am a citizen of the United States and a resicent of the County aforesaid. I am over the age of eighteen years, anc not a parry to or interested in the above entitled matter. I am the prricipal clerk of the Proof of Publication of Capistrano Valley News, a newspaper that has been adjudged tobe a !, NOTICE INVITING BIDS County eof Orange,e, general Stateof California]o the Superior Court of the g on June 7. 1984, Case No. TRABUCO CREEK EQUESTRIAN—BICYCLE BRIDGE A-122949 in and for the City of San(Juan Capistrano, County of I .....................................--.........'—.......................-............,-............... Orange, State of California;that the n rice, of which the annexed is a true printed copy, has been publish din each regular and entire .nr issue of said newspaper and not in a y supplement thereof on the following dates. to wtt: - September 27, Oc ober 4 , 1990 pv�d ucsvut. a p .,,rAb� C�dt Vie, eaetl pr ;�jyg�t I declare uncer penalty of perjury th t the forecoing is true and t - correct. oWi.Nh AYKua a iLe x Executed at Mission Viejo. Orange Cohnty. California, on Octobe.r...'1.,..... 99.0....1'............_...... _...................... ..................... ....................... ............... l� (Signature) � I Capistrano Vail y News (A Publication of South Ora ge County News) 23811 Via Fab icante P. O. Box 3 29 Mission Viejo, Calif rnia 92690 (714) 768-3 31 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWTS Bea GoOgeon, Legal FOR PUBLICATION ON: i THURSDAY, SEPTEMBER 27, 1990 THURSDAY, OCTOBER 4, 1990 DOCUMENT TO BE PUBLISHED: NOTICE INVITING BIDS - TRABUCO CREEK EQUESTRIAN-BICYCLE BRIDGE PROOF OF PURL CATION: Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 AUTHORIZED BY DATE: SEPTE BER 19, 1990 Date of Bid Openi g - 10/25/90 Date (s) notice pu lished - 09/27/90 - 10/04/90 Date affidavit rec ived - ��1( Gji7 ( Date notice posted in t designated po ting places (3) - 09/27/90 it Iii NOTICE INVITING BIDS RABUCO CREEK EQ�ESTRIAN-BICYCLE BRIDGE Notice is hereby given that thCity of San Juan Capistrano will receive sealed proposals or bids for the Trabuco Creek�questrian-Bicycle Bridge until 2:00 P.M. on the 25th day of October 1990. A pre-bil conference is sched led at 10:00 A.M. on the 11th day of October 1990, at the City o fices to assist contractors. Copies o Plans and SpecificaIkons are on file in the Office of the City Clerk of San Juan Capist ano, 32400 Paseo Ad lanto, San Juan Capistrano, California, and may be obtained at the on-refundable charge of $10.00, plus a charge of $5.00 for each set of Plans and Specifications mailed. Dated: Septemb r 20, 1990 CyMPNE tSAJUAN CITY CLERK CITY OF CAPISTRANO ORANGETY, CALIFORNIA TRABUCO CREEK EQUESTRIAN-BICYCLE BRIDGE NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 25th day of I October, 1990, receie sealed proposals or bids for the Preparation of shop drawings, fabrication, delivery and installation of the TRABUCO CREEK EQUEST RIA N-BIC�'CLE BRIDGE in acc rdance with the approved Plans, Specifications, Special Provisions and the Standard Sp cification for Public Works Construction 1988 Edition, including 11 supplements there or, on file in the office of the City Clerk of the City of San Jua Capistrano, Califo nia. Bids will be received until the time hereinbefore state at the San Juan C pistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, C lifornia. No bid will be rec ived unless it is male on a proposal provided within these specifi- cations. Each prol osal or bid must be a companied by a certified check, cash, cashier's check, or bidder's I and payable to the C ty of San Juan Capistrano in the sum of not less than ten percent of the total bid amount The bid check, cas fier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successfu bidder fails to enter into the required contract within 15 days aft r the written notice that said contract has been awarded to him for the work. A pre-bid conferen a is scheduled at 10: 0 a.m. on the 11th day of October, 1990, at the City offices. The contractor shall hav the opportunity for clarification or interpre- tation of any poin or points of questi n within the plans and contract documents or specifications. It i the contractor's res onsibility to be in attendance at this conference to receive any inf rmation disclosed du ing the proceedings, for the City shall not dis- seminate any recor s of the conference. Exclusive of written addendums and this pre-bid conference, the Ci y shall not be respon ible for any instructions, explanations, or inter- pretation of the pl ns, specifications, an contract documents presented to the bidders in any manner. II The successful biddr, simultaneously with the execution of the contract, will be required to furnish a Faith ul Performance Bond equal in the amount of one-hundred percent (100%) of the contr ct price. The Buret bond company must be acceptable to the City, -1- authorized to do business in California and be on the United States Treasury's accredited list. The City Council �eserves the right to eject any and all bids received and to compare the relative merit' of the respective bi s and to choose that which in the opinion of said City will best serve the interests or nee s of said City. A time limit of One Hundred Ten (110) alendar days has been set for the completion of the work, from the date of execution of he contract. BIDDERS ARE HE EBY NOTIFIED TH T, pursuant to the Labor Code of the State of California, copies of the prevailing r to 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 t any interested party on request. Copies of plans anc� specifications are o file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San uan Capistrano, California. Copies of the plans and specifications for use in preparing ids 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 genei al contractor proposing to submit a bid for said work. A charge in the amount of $10, r onrefundable, 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 tate the California ontractor's License number of such bidder so bidding, as no bid will be accepted fr m a Contractor who has not been licensed in accordance with tfe provisions of the aws of the State of California relating to the licensing of Contra tors. This Notice is here y given and publishe y order of the City Council of the City of San Juan Capistrano, nd is dated: g9� I CITY CLEPIX CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- 32804854 +� • _mium: $860 PE( FORMANCE BOND KNOW ALL MEN BY THESE: PRESENTS: That SPIESS CON TRUCTION COMPANY INC. as Principal, hereinafter called CO TRACTOR, and The American Insurance Company, as Surety, hereinafter called SUR TY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, herei after called CITY, in the amount of Ninety-Five Thousand Fie Hundred & Seven ($95,507 .00Dollars for payment whereof Contractor and Surety hind themselves, the r heirs, executors, administrators, successors, and assigns, jointly and severally, fairl by these presents. WHEREAS, Contractor h s by written agreement dated October 31, 1990 , entered i to a (describe agreement): Contr ct for Trabuco Cre k Equestrian-Bicycle Brid e which contract is by reference ma e a part hereof; NOW, THEREFORE, the ondition of this obligation is such that, if Principal shall promptly and faithfully per orm said agreement, then this obligation shall be null and void; otherwise it shall remai in full force and effect. Surety waives whatever legal right it may have to require tha a demand be made first against the principal in the event of default. i i BE IT FURTHER RESOL ED, that: I, As a part of the o ligation secured hereby, and in addition to the face amount s cified, there shall included costs and reasonable expenses and fees, including r asonable attorney's tees, incurred by City in successfully enforcing such obligation, 01 to be taxed as cos s and included in any judgment rendered. I -20- I • s 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice ofy such change, extension of time, alterations, or modifications of the contract docur ents or of work to be performed thereunder. Executed this 31st iday of October 19 90 at San Josey , Cali ornia. i PRINCIPAL Spiess Construction Co. , Inc. Frederick W. Spiess, President APPROVED.AS TO FORM (NOTARIZATION AND SEAL) ] R. SH W, CITY ATTORNE SURETY The Ame n Insurance Q ry (NOTARIZATION AND L) I i -21- n STATE OF CALIFORNIA �. Nx COUNTY OF Santa Barbara } Ss. y6 On No-,Tn ber 2, 1990 before me, the undersigned, y a Notary Public in and for said County and State,personally appeared Frederick W. Spiess Japersonally known to me ❑proved to me on the basis of satisfactory evidence to be the President, and _AZA ❑personally known to me ❑proved to me on the basis of satisfactory evidence to he the Secretary of the corporation that executed the o F F 1 C I A L SEAL ID within Instrument, and acknowledged to me that such corporation i."' zal N(t1Ai'(7GaLIC CAIIFBRNIA o m executed the within instrument pursuant to its by-laws or a resolution of BANTA BARBARA COUNTY 0 its board of directors. �+�" My commiwn a,,pnM Ln.1,1991 Cg x &7 Signature Notary Public in and for said County and State FOR NOTARY STAMP ATTORNEY-IN-FACT ACKNOWLEDGMENT NO.pq b t October 90 State of California On this the 31sday of Octo19 , SS. before me,the undersigned Notary Public, personally appeared County of Santa Clara Patricia Golden (name of attorney in fact), XX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as attorney in fact of The American Insurance Company (name of person not appearing before Notary),the principal,and acknowledged to me OFFICIAL SEAL that she (he/she)subscribed the principal's name thereto and !AURA AL FREEWIN t,A r (his/her)own name as attorney in fact. m NOTARYP4BUC.CAUFO7NN SrwTA HAMcouxlr WITNESS m and and official seal. �Gtrr�k ErtwrsJuN tB,3990 Notar�j's Signature ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signers)Other Than Named Above 0 NATIONAL NOTARY ASS ATION•8238 Remmet Ave.•P.O.Box 7180•C nNa('ark,OA 913007180 11132804854 Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THE E PRESENTS: That WHEREAS, the City of Juan Capistrano, a municipal corporation of Orange County, California, has awarded t SPIFSS nnNSTRTTnTrnN nnmiDAVy T\r License No.�3i_ a9� hereinafter designat d as "Principal", a contract for The Trabuco Creek E' uestrian-Bicvcle B id2e ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contrac providing that if sa d Principal, or any of his or its sub-contractors, shall fail to pay or any materials, pr visions, provender or other supplies or teams used in, upon, for or bout the performanc of the work contracted to be done, or for any work or labor done thereon of any kind, th surety or this bond will pay the same. i NO I, THEREFORE, we Spiess Construction Co. , Inc. Principal, a d The American I surance Company as surety, are held firmly ound unto the City f San Juan Capistrano, a municipal corporation, in the penal SUM O Ninety-Five Thous nd Five Hund DOLLARS ($95,507.0 ), lawful money of th United States of America, for payment of which sum well and tr ly to be made we b nd ourselves, our heirs, executors, administrators and successors, jointly and severally, irmly by these presents. THE CONDITION OF TH S OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provision , provender, or teams, or other supplies or equipment used in, upgh, for or about the pe formance of the work contracted to be done, or for any work or labor done thereon of y kind, or for amounts due under the Unemployment Insurance At with respect to s h work or labor as required by the provisions of Title 1, Division 3, Chapter 3 of the Gov rnment Code of California as amended, that the surety will pay for the same in an amo nt not exceeding the sum specified in this bond and also in case suitis brought upon t bond, a reasonable attorney's fee to be fixed by the court. Ths bond shall inure o the benefit of any and all persons, companies and corporation entitled to file clai s under said act, so as to give a right of action to them or their assigns in any suit brou t upon this bond. FU THER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, al eration or modification of the contract documents or of the work t be performed there nder shall in any way affect its obligation on this bond and it doe hereby waive notic of any such change, extension of time, alteration or modificati n of the contract doc ments or of work to be performed thereunder. As a part of the obliga ion secured hereby, and in addition to the face amount specified herefor, there shall be included costs and reasonable expenses and fees, including easonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as co is and included in any judgment rendered. -22- IN WITNESS WHEREOF thr a (3) identical counterparts of this instrument, each of which shall for all purposes be d emed an original thereof, have been duly executed by the Principal and surety herein nam don the 31st day of D�nhar 19 90 . The name and corporate eal of each corporate party being hereto affixed and these presents duly signed by its un ersigned representatives pursuant to authority of its governing body. Spiess Construction Co. , Inc. PRINCIPAL By Y7/•LG�/ Frederick W. Spiess, President The American Insurance Company SURETY By Patricia Golden, Att r y—in—Fact APPROVED AS TO FORM R. SHAW, CTTY ATTORNEY ATTORNEY-IN-FACT ACKNOWLEDGMENT NO 204 Stateof California Onthist e 31st day of October 19 90 SS. before e,the undersigned Notary Public,personally appeared County of Santa Clara Patricia Golden (name of attorney in factl. X:U persc nally known to me ❑ prov d to me on the basis of satisfactory evidence to be th person whose name is subscribed to the within instrument as attorney in facto The American Insurance Company (name of person of appearing before Notary),the principal,and acknowledged to me OFFICIAL S� that she (he/she)subscribed the principal's name thereto and LAURA Al.FREE er (his/her)own name as attorney in fact. NOTARY PuldiC-CALF WITNES y nd and official seal. SANTA txARA Ery Comm.Emlree JR4,99, 994 Notary' ignature ATTENTION NOTARY:Although the information requested below is O ONAL,it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE Title or Type of Docume t MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above ® NAnONALNOTA YASSOCIATION-&YMRemmetA -PO.eov71&1•Carpga ,G4 9139/71M °t`am OF AATTORNEY � MERI ACAN 1NSURANCE COM*Y _._ __ KNOW ALL MVq BY THESE PRES&%73:Tba THE AMERICAN IWJRANCf COMPANY,a Ccrporaom duly organized and adsuoj collar the lawn of the State of New Jersey.and having its principal office in the Cay of Parsippany.State of New Jaw has made,oonnmod and appointed.and does by tbee presents make,oortitute and appoint RODNEY J. TAYLOR, ARTHUR C. ADAMS, PATRICIA GOLDEN and CAROL S= jointly or severally its trueandlawful Attoroey(s)-in•Fact.with full po7.;t and autboriry eeafand in in name.Phoeand stead.to execute.seal.acknowledge and deliver nay oc arc.tmobhPoions in cume_there sf -' :adlII bvnds.amderraldai.rewsocanots.^._. __ ..".._.. _..._ . .__ . and to bind the Corporation thereby as fully and to the name amort if srsxb bonds were signed by the Pruden=.sealed with the corporate sed of the .Corporation and duty attested by its Sektctary,hereby ratifying and On in that the said AuerarAs)in4aa may do in the premises. ..._ .__ _. . This power of attorney is granted pursuant to Artiele VNT;Semdo3lS 46otBy4tws of THE AMERICAN-INSURANCE COMPANY nowr_io fullfora and - effect. - _..__... _—_..... "Article VU.AP1w/emmt a a dA orisrofRaideatSeve(sdm AC adsodAgeoerto aotsptlgd Proem and Mike Appearances. Section 45.AppoletmenL The not the Boyd of the Presided.W Vk�Peddest ce any other person uthartttd by the Board of.. Directors,the Chairman of the Bard of a frecrors,the Presided K Vico-Peaidest seat front tine to date.appoint Resident AsrJ#aw Secretaries and Attoroeya4s�Fact to represent and act for and on behalf of the on and Asem to accept legal proars and make appanam for and ns behalf of the Corporation. I - - Section".Asthoriry.The authority of such Resident Aadnaet rtes,Atferneysas-Factad AgeaftA"be as prescribed is the Woraat evidencing theiraplwintnest.Any sack appointment and all aathodq granted any be revoked at say dwby the Board OfDirectors or byaq person empowered to crake each appolutmaL" i This power of attorney is signed and ed under and by the authority f the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY u a meg duly called and held on the 31st day of July,1984,and said Resolution has not by.¢amended or repealed: -s "RESOLVED, that the signature ofJlany Vice Ptedded, asua� ,and R.aideot Asrivam Soc eary of this Corporation.and the scal of this Corporadonmay beaffixedor Prsateq on any powerofattomey,oat an9 evocation ofanrpow rotation Me on asy�ate casting thereto.by facaimr2a, and any power of attorney,any r on of any power of atrornry, certifieue beating mesh facsimile sigm[me a facsimile seal shag be valid and binding upon the Corporation." i IN WTI'NESS WHEREOF,THE AMERICAN INSURANCECOMP has atndthese preseats to be signed by its Vice-President,and its corporate seal to be hereunto affixed this 11th 4y of Januar 19 89 THE AMERICAN INSURANCE COMPANY ��'Q Cn3 YNPrsJme STATE OF CALIFORNIA r COUNTY OF MARIN On this 11th dyy a f Januar , 19 $8 before me personally came R. D. Farnswortb to me known,who,being by we dul sworn,did depose and uy:that eat Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation described in and which executed the bove instrument:that be knows a seal of said Corporation:that the sal affixed to the said instrument is such corporate seal;that it was so affixed by order o the Board of Directors of said rporadoa and that be signed his name thereto by lilrecrder. IN WPINFSS VIHEREOF,I have Is euoto ser my hand and affixed y official sal,the day and Year herein first above written. - matssxurtatwuwwastnamur swuuxrxww� OFFICIAL SEAL 3 = l 1. AL VANS RT _ 5 g NOTARY PUBLIC•CALIFORNIA \ Principal 0111011 in Tann County - My Conso;mon A:4 28 1991 : CERTIFICATE - - - iertrxsxnsxumwntawrxtuu "mwurrn«i -"-_ _..._ _ STATE OF CALIFORNIA . _ ... - .- . . . ._ _. COUNTYOFMARIN - I,the undersigned,Resident Ass' tSccretaryofTHEAMERI INSURANCECOMPANY,a NEW JERSEY Corporation,DO THEREBY CERTIFY that the foregoing and attached PO OF ATTORNEY remains in full res and has nes ben revoked:and fumbamore that Article VII,Sections 45 and 46 of the By4aws of the Corporation,and th Resolution of the]]Board on;ser h fort/in the PPoer�w.�/o�f Amrnc%are now in fora. Signed and sealed u l.1_ the County of f farm.Dated the �day 19 . 3`\�Vly: a�a.a Nmue. Awa N• I 360M—EA-11-91 :ti f � MEMBERS OF THE CITU COUNCIL LAWRENCE F BUCHHEIM KENNETH E. FRIESS ��uH �� mlxxrxxnlo GARY L. HAUSDORFER li uuu sxm 1861 GIL JONES 17 6 JEFF VASQUEZ • • CITY MANAGER STEPHEN 9 JULIAN May 16, 1991 Ms. Debbie Tenant Spiess Construction Company, Inc. P. O. Box 2849 Santa Maria, California 93455 Re: Com leti n of Trabuco Creek E estrian Bic cle Bridge Dear Ms. Tena t: The City Cou cil of the City of Sap Juan Capistrano at its regular meeting held May 7, 1991, dopted Resolution N 91-5-7-4, accepting the work completed for the constructi in of the Trabuco Crek Equestrian/Bicycle Bridge in the amount of $99,339.95. A copy of Resolution No. 91-5-7-4 is enclosed for your information. The retentions will be payable upo 35 days from recording of the Notice of Completion. The Notice was reco ded on May 10, 1991; therefore, the final payment, in the amount of $9,934, may be released on June 14, 1991. Thank you for our cooperation. Very truly you s, Cheryl John o City Clerk Enclosure cc: Director of Engineering and Bui ding Accounts Payable 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 EMEN 71"UE (MM/DD/Y1) 0/31/90 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Montgomery,Fansler, R F r F+ ; 9 pIHTS UPON THE CERTIFICATE HOLDER.OR ALTER THE COVERAGE AFFORDED TBY THE POHIS IFLICIES BELOW.ICATE DOES NOT AMEND, Carlson & Valois Ins. T�ND P.O.Drawer 1469 .)V ( 0 p � COMPANIES AFFORDING COVERAGE SantaBarbara,CA 93102 ( `'PROM ANY A MARYLAND CASUALTY �P ' R L: I v - COM ANY O INSURED 4 Spiess Construction Co.Inc. COM ANY C P.O.Box 2849 Santa Maria,CA 93457 SE LM ANY D *ANY E R ER THIS IS TO CERTIFY THAT THE POLICIE OF INSURANCE LISTED BEL HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, N01 WITHSTANDING ANY OUIREMENT,TERM OR CONDITI N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFF RDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC POLICIES, LIMITS SHOWN MA HAVE BEEN REDUCED BY PAID CLAIMS, CO POUCYEFFECTIVE POLICYEKPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIM DATE(MMIDD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY DATE AGGREGATE S 2,000 X COMMERCIAL GENERAL LABILITY PRODUCTS-0OMPVPS AGGREGATE 6 1,000 A M CLAIMS MADE OCCUR ! EPA10743715 08/22/90 09/22/91 PERSONAL&ADVERTISING INJURY 6 1,000 OWNERS & CONTRACTOR'S PROT EACH OCCURRENCE 6 1,000 FIRE DAMAGE (Aryoneflre) 6 50 MEDICAL EXPENSE (Ary ane person) 6 5 AUTOMOBILE LIABILITY COMBINED SINGLE 6 1,000 X ANY AUTO LIMIT X ALL OWNED AUTOS BODILY A X SCHEDULED AUTOS ECA10743699 08/22/90 08/22/91 INJURY sart 6 X HIRED AUTOS BODILY NJL S X NON-OWNED AUTOS .6dr4 `�..............................F� ., GARAGE LABILITY PROPERTY DAMAGE 6 EXCESS UABIUTY EACH AGGREGATE OCCURRENCE A UB71414156 08/21/90 08/22/91 %' 6 4,000 6 4,000 X OTHER THAN UMBRELLA FORM WORKERS COMPENSATION STATUTORY AND 6 ...(EACH ACCIDENT) i (DISEASE—POUCV LIMIT) EMPLOYERS'LABILITY 6 (DISEA4E—EACH EMPLOYEE) OTHER I DESCRIPTION OF OPERATONWLOCATIONS/VEHIC S/SPECIAL ITEMS The Certificate holder,its elected and appointed officials, he City's representatives,their consultants,each of their officers,ag nts and employees,and the County of range,inc►uding the Flood Control District as additional insured per form CG2010. .. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of San Juan Capistranol EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL *NQ5B&i2gxxn 32400 Paseo Adelanto AIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE San Juan Capistrano, Ca 92#75 L EFT, XN=3010L&XXIO M3UR Mk0cuem9mODDid"YXSFffiTAZLIM A ZED REPRESENTATIVES/// V G : Spiess Construction 0 Inc. Issued 10/31/90 Maryland Casualty POLICY NUMBER: EVA10743715 8/22/90-91 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE , POLICY. PLEASE READ IT CAREFULLY. ADDITIONAIL INSURED - OWNERS , LESSEES ORICONTRACTORS ( FORM B ) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY OVERAGE PART. Name of Person ororganization: SCHEDULE City of San Juan Capistrano, its elected and appointed officials, the City's representatives, thei consultants, each of their officers, agents and employees , and the Co my of Orange, including the Flood Control District 32400 Pa so Adelanto San Juan Capistrano, Ca 92675 (If no entry app ars above, information required to complete this endorsement will k�e shown in tha declarations as applicable to this endorsement) . WHO IS AN INSURED ;(Section II) is amended to include as an insured the person or organization shown in he Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Re: Trabuco Creek Equestrian-Bicycle Bride I it CG 20 10 11 85 Copyright, Insurance Services Office, Inc. , 1984 STAC ITG P.O. BOX 807,SAN FRAN CISCO,CA 94101-0807 COMPENSATION I NSU R A N C E FUND CERTIFICATE OF WORKERS COMPENSATION INSURANCE JCT03Z^ 31 >, 199-3 POLICY NUMBER: 1131739 — 90 CERTIFICATE EXPIRES: 1C-1-91 r CITY CF SAX JUAN CAPISTRAN'3 32400 PASEB ADFLANTC SAN JUAN CAPtSTRANC, CA 7<67-- J.J,9 : T?ABUCCO CR-779 3R_T,CF,= L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the poll Veriod indicated. _ This policy is not subject to cancellation by the Fund exceptlupon t@Rdays'advance written notice to the employer. 30 We will also give you TXN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and Noes not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. I PRESIDENT EI`403R:3cM=NT *2065 _NTITLE: D C'-EATIlFICAT= HJLC'=RS4 NOTICE =F—CTIV= 10/31/SO IS ATTAC4�iD TO AND FDRM$ A PART ^F THIS POLICY. I EMPLOYER r � SPIESS CiNSTRUC� IC,,i COMPANY9 INC. P. 3. 33X 2349 SANTA MARTA, Ci. 334 7 h LOLD 262A SCIF 10262(REV. 10-86) � MEMORANDUM TO: Ray Wellington, Director of Engineering & Building Services FROM: Dawn M. Schanderl, Records Coordinator Lv�' -- f DATE: November 7, 1990 SUBJECT: Spiess Construction Tra uco Creek Equestrian-Bicycle Brid e - Attorney-in-Fact Bonds Regarding the abo a project, I called th Orange County Probate Office to check on the Attorney-in-Fact listed on the Perfor ance Bond and the Labor and Material Bonds. Attorney-in-Fact, ,Patricia Golden is no listed with Orange County Probate. This will have to be corrected for this item to be n the November 20th City Council Agqnda. I have called and I@ft a message with Tom Lynch at his home number. cc: Cheryl Johnsoh, City Clerk Theodore Simon, City Engineer Thomas Lynch,, Consultant J MEMBERS THE CITY COUNCIL ANTHONYANTHOO NL. BLAND LAWRENCE F. BUCMXEIM DRUG USE KENNETH E. FRIESS IE IflXlllf XE IB6I GARY L. HAUSDORFER 1776 PHILLIP R. SCHWARTZE • CITY MANAGER STEPHEN B JULIAN MEMORANDUM TO: Interested Persons FROM: Cheryl Johnson, City Clerk DATE: November 21, 1990 SUBJECT: Trabeco Creek E e trian-Bic cle Bridge at Ra nc o ViIS, Road At their meeting of November 2 , 1990, the City Council of the City of San Juan Capistrano awarded the contract for construction of the Trabuco Creek Equestrian-Bicy le Bridge at Rancho Viejo Road to Spiess Constru tion Company, no. , in the amount of $95, 507. All other bids we rejected. Thank you for ;your interest ir this project. Cher sonl cc: Southern California Buil ers Ryco Contruction Compan All-Fab specialties, Inc Hale Cons Itruction Compan 32400 PASEO ADELANTO, SAN JUAN CA�p ISTRANO, CALIFORNIA 92675 0 (714) 493.1171 o Mi ed(l R E LIE A S E C i t y o f S a n J u a n C a p i s t r a n o Contact Person: Ted Simon, Engineering & Building Dept. (714) 493-1171 For Immediate Rel ase November 20, 1990 CONTRACT AWA D FOR TRABUCO CREEK EQU STRIAN-BICYCLE DGE AT RANCHO VIEJO ROAD The City Council warded a $95,507 con ract to Spiess Construction Co. Inc. to fabricate and install a 10-fo t wide, 150-foot long steel bridge over Trabuco Creek at Rancho Viejo Road. The five bi s ranged from $95,5 7 to $115,500. The Spiess Construction Co. Inc. installed the Des nso Park Bridge in 19 1. This bridge will provide a traffic-separ ted connection between the existing equestrian trail on the northeasterly side of Trabuco Creek and the trail going northwesterly along Rancho Viejo Road. It will also provide a traffic-separated connection between the existing bike trail along Rancho Viejo Road and the trail along the westerly side of Trabuco Creek. The City has rejceived a $90,000 g ant from the Orange County Transportation Commission (SB 83 1 Fund Program) and an $89,825 grant from the California Coastal and Parkland Conservation Act (1988 Bond i ct) to fund this project. The estimated cor�pletion date of this I roject is April, 1991. 32400 Paseo Adelanto San Juan Capistrano CA 92675 CITY OF SAN JUAN CAPISTRANO Produced By Tom Lynch 10-29-90 Page 1 of 1 Bid Summary - Trabuco Creek Engnr's Spiess Const So.Cal.Bldrs Ryco Const. All-Fab Spec Joe Hale Cons Wm Murray Equestrian-Bicycle Esti- Box 2849 25822 Pericl Box 327 3702 W.Centr 1036 E. Calif 6284 Jurupa Bridge mate Santa Maria Mission Viej Gardena, CA Santa Ana Ontario Riverside Contract 11 CA 93457 CA 92691 90247 CA 92704 CA 91761 CA 92504 Bids Opened: 10/25/90 @ 2:00 .m. 805-937-5859 770-2856 213-324-1157 545-5271 984-3662 689-6560 1 Item Item Qty. Price Price Price Price Price Price Price No. Description 1 Prepare shop drawings L.S. 1,722 2,000 4,340 1,725 10,000 4,500 2 Fabricate bridge L.S. 68,415 70,000 65,300 72,487 65,000 86,255 3 Deliver bridge L.S. 12,050 12,000 12,600 13,000 18,500 8,500 4 Install bridge L.S. 13,320 16,000 21,8000 22,065 22,000 24,000 Total Contract Cost $100,00 $95,507 $100,000 $104,040 $109,277 $115,500 $123,255 CALIFORNI PRELI INARY 20-DA (PUBLIC A D PRIVATE WORK) IN ACCORDA CE WITH SECTION 3097 AND 3098,CALIFORNIA CIVIL DE YOU ARE HEREBY NOTIFIED THAT. . . CONSTRUCTION LENDER or CONTINENTAL MANUFACTURING INC. OReputed Construction Lender, if any (name and address of person or firm—sander) ,A' D/B/A/ CONTINENTAL BRIDGE 11Y RT. 5 BOX 178 ALEXANDRIA, MN 56308 N F e has furnished or will furnish labor,services,equipment or materials of the following general description: PREFABRICATED STEEL BRIDGE E , # `. �s e t�':, (general description of the labor,servmes,equipment or maierlals Nrnlshed m)o pe lurnlsfierd) Rfor the building, structure or other work of improvement located at: TRABUCO CREEK EQUESTRIAN—BICYCLE OSeVIEJOn eROADsunicienl for identification)RANeeH C FOLD HERE -�— SAN JUAN CAPISTRANO, CA O The name of the person or firm who contracted for the purchase of such labor, services, equipment or materials: GARY CARTER P NOTICE TO PROPERTY OWNER Y If bills are not paid In full for the labor, services, equipment, or materials furnished or to be furnished,a mechanic's Oen leading to the loss,through court foundation proceedings,of all or part of your prop- OWNER Or PUBLIC AGENCY arty being so improved may be placed against the property even though or Reputed Owner (on public Work) you have paid your contractor In full.You may wish to protect yourself (On private work) against this consequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or(2)any other method or device which Is appropriate under the circumstances. rThe person or firm giving this notice is required, pursuant to a collec- SAN JUAN CAPISTRAND tive bargaining agreement,to pay supplemental fringe benefits into an CITY express trust fund (described in Civil Code 13111), said fund is iden- OF 32400 PASEO ADEL tified as follows: (strike if inapplicable) SAN JUAN CAPISTRANO, CA 92675 (name) LJ (address) FOLD HERE (name) (address) Palmer) Iaaaasl ORIGINAL CONTRACTOR or Mailed this date: Reputed Contractor Im uoploas uff paquosap pun) 1 A voloeAuop ssaddxe ire of Aldde lou pets uo!loas s!gl 10 sluawa)mbea aobou abl(a 10 leils!6aH Gill Aq uo!loe Alewltdos!p lot spunol6 salnl!lsuoa wogoas sioloelluo to s!yl u1 dot pap!Aoid aogou all aAlb 01 'ap00 suo!ssaload PUP ssau!snq aql 10 lells169H 841 Aq u0110e Aieugdloslp io)spunoib sa)mgsuoouolloas slgl u!)o; E uolslAlo;o(0002 u0g0aS LJIM 6U!ouawwoo)6 laldey0 iapun pasuaoq ')oi pap!Amd aogou 941 9n16 01'GP00 SUO!ssalold PUP ssau!snq Gill to E MDIs! !a Depuoo ley;In amllel a4l'(006F)s)ellop pa)punq mot spaaaxa lu9WGA01dwl 10 WOOL uogoas Ulm l5wouawwoo) 6 ialde40 lapin pasuaoll 'soloed oo 10 Nioa lelnobied e uo ioloeiluooWs Aire of pied an of aoud loeiluoo few)o ainllel out'(009$)siepop paipunq inot spaaaxa JU8WGAo1dwf to N om Grp aiatIm 'sioioelluoogns pue sj0p¢)Iue3 Isulebe n0g3e Aaeuwldlosl0 I4) ielno!Ued a uo iol0ejpUO3gns Aue of pied aq of aoud loeiwoo Gill aiayM( uopduosap Ie)aua6 'pew pagpUao io palals!6ai abl Io llsodop abl 10 awl,ayl le alald oo bons 10 adoos ail wqum IOU wawd!nba in 'local saoinJas s1e1Alew sagsw sI a0was'l!ew pa4gNGo to poials!6ai Aq sl aoimas uagm aa01110 bons M on -.Int a3!l0u 6utn!6 uosiod Will 'Glen tions cage 'asneoaq an4aalaP lou s1 p ao!A)as leuos)ad Aq ao 'Njom aql buponj;sumo luawldedap aW 10 jaaillo but viviu to step abl of pabswmi luawd!nba lo'iogel saa!Nas sleualew abl In -sangs)p 94)10 90)40 ay)o)passaappa'GAoge se iauuew awes ail)w 6wllew (q)do(e)uofstnlpgns fiq pai)nbad umlduasap lelaua6 e sweluoa aogou e}I Aq PaAlas erg Ilebs 804ou gons 'ale): ail 10 Mlmas lelaua0 10)uawUepap -dolaejluoa gons qoea of pa4siwnl luawdinba in jogel 'saoinJas aql to sNiom o6gnd 10 IuawUedaa aql Aq palonllsuoo sNiom opgnd Aue 'sleualew of loadsal gllm law aq Isnw sluawaimbal aTIOU agl'luana bomM 10 aseo u( -aalrtlaS leuosiad Aq io 'a0uaplsai slq io 'ssaulsnq s(q si0npuo3 w ioloeiwoorIns auo uegl amw gilts sloequoo aapun pagslum; s) awes to aotgo ire su!elulew ay Gould Auee)plpe)luoo 941 o)passaippe adolaAue agl ssalun'9IObM e se sluawanpldwi to awa43s io amlon.gs ai4ua agl sueaw w ue 'ppedwd J a6elsod '(pew pa io 'pew pa)alsp6a) 'I!ew ssela-{sill go14M'luawano)dw!10 N)om a fol sa4spwnl 04 luawdmba ro')ogel 201nias Aq awes ay) 6u!I!ew Aq pamas aq tubs ao!lou gong pogslwnl sem awes 'sleualew Ile 01 laadSGJ WIM uan16 act Artful plOggpM of aogou e wogm of ups atil wo4m of Aland abl to aweu ayi p 2'pays!(unl aq of to pabs!uml slep law -fad aql Ol pup iolaeJluoa leu!6po Gill 01 PUP ')aum0 01 aogou flans auo Aluo ao 'luawdlnba 'aWmes 'loge)}o u0ilduosap lelaua6 a Aae)naae )eHugl qns aAd pa9U'u0n!6 act Aew ployyl!m of aoiou a wobm o)Masted a of Pue'lo)oep ria For your assistance the following complete text of Section 3097,Section 3097.1 and Section 3096 of the California Civil Code are hereafter quoted.Should you have any doubt as to the usefulness r,this form for your purposes you are urged to consult your*wr. attorney. § 3097. Preliminary 20-day notice (p, work). "Preliminary 20 day Where such not ct,,,, required to contain the information set forth in notice (private, work)" means a written notice from a claimant that is given paragraph(6)of subdivision(c),a failure to give such notice,Including such prior to the recording of a mechanics lien and prior to the filing of a stop information, that results in the filing of a lien or the delivery of a stop notice notice, and is required to be given under the following circumstances by the express trust fund to which such obligation is awing constitutes (a) Written preliminary notice; parties. Except one under direct contract grounds for the disciplinary action by the Registrar of Contractors against the with the owner or one performing actual labor for wages, or an express trust subcontractor if the amount due such trust fund is not paid. fund described in Section 3111, every person who furnishes labor, service, (i) Construction lender; designation or permit application. Every city, equipment, or material for which a lien otherwise can be claimed under this county, city and county, or other governmental authority issuing building title,or for which a notice to witbhold can othewuse be given under this title, permits shall,In its application form for a building permit,provide space and must,as a necessary prerequisite to the validity of any claim of lien,and of a a designation for the applicant to enter the name,branch,designation,if any, notice to withhold, cause to be given to the owner or reputed owner, to the and address of the construction lender and shall keep the information on file original contractor, or reputed cont,actor, and to the construction lender, if open for public inspection during the regular business hours of the authority. any,or to the reputed construction lender,if any,a written preliminary notice It there is no known construction lender,that fact shall be noted in such as prescribed by this section. designated space. Any failure to indicate the name and address of the con- (b) Construction lender. Except the contractor, or one performing actual siruction lender on such application, however, shall not relieve any person labor for wages, or an express trust fund described in Section 3111,all per- from the obligation to give to the construction lender the notice required by sons who have a direct contract with the owner and who furnish labor, ser- this section. vice,equipment,or material for which a lien otherwise can be claimed under O) Designation of mortgage, deed at trust or other instrument securing this title, or for which a notice to withhold can otherwise be given under this loan. A mortgage,deed of trust,or other instrument securing a loan,any of title,must,as a necessary prerequisite to the validity of any claim of lien,and the proceeds of which may be used for the purpose of constructing improve- of a notice to withhold,cause to be given to the construction lender,if any,or ments on real property, shall bear the designation "Construction Trust to the reputed construction lender, if any, a written preliminary notice as Deed'' prominently on its face and shall state all of the fallowing. (1)the prescribed by this section. name and address of the lender,and the name and address of the owner of (c)Time; content; architect,engineer or surveyor. The preliminary notice the real property described in the instrument, and (2)a legal description of referred to in subdivisions (a)and (b)shall be given not later than 20 days the real property which secures the loan and,if known,the street address of after the claimant has first furnished labor, service,equipment,or materials the property.The failure to be so designated or to state any of the information to the jobsite, and shall contain the following Information: required by this subdivision shall not affect the validity of any such mortgage, (1)A general description of the labor,service,equipment,or materials fur- deed of trust, or other instrument. nished,or to be furnished,and it there is a construction lender,he shall be fur- Failure ie,provide such information on such an instrument when recorded nished with an estimate of the total price thereof in addition to the foregoing. shall not relieve persons required to give preliminary notice under this section (2)The name and address of such person furnishing such labor,service, from such duty. equipment, or materials. The county recorder of the county so which such instrument is recorded f3)The name of the person who contracted for purchase of such labor,ser- shall indicate in the general index of the official records of the county that vice, equipment, or materials. such instrument secures a construction loan. (4) A description of the jobsite sufficient for identification. (k)Trust fund and lender;supplementary fringe benefits.Every contractor (5)The following statement in boldface type: and subcontractor who is required pursuant to a collective-bargaining agree- ment to pay supplementary fringe benefits into an express trust fund described NOTICE TO PROPERTY OWNER in Section 3111,and who has failed to do so shall cause to be given to such fund and to the construction lender, if any, or to the reputed construction 11 bills are not paid in lull for the labor, services,equipment, or materials lender,if any,not later than the date such payment due to such fund became furnished or to be furnished,a mechanic's lien leading to the loss, through delinquent, a written notice containing: court foreclosure proceedings,of all or part of your property being so improved (1) The name of the owner and the contractor. may be placed against the property even though you have paid your contrac- (2) A description of the jobsite sufficient for identification. for in full. You may wish to protect yourself against this consequence by(1) (3)The identity and address of the express trust fund. requiring your contractor to furnish a signed release by the person or firm (4)The total number of straight time and overtime hours on each such job, giving you this notice before making payment to your contractor or(2)any payment for which the contractor or subcontractor is delinquent to the other method or device which is appropriate under the circumstances. express trust. (6)If such notice is given by a subcontractor who is required pursuant to a (5)The amount then past due and owing. collective-bargaining agreement to pay supplemental fringe benefits into an Failure to give such notice shall constitute grounds for disciplinary action express trust fund described in Section 3111, such notice shall also contain by the Registrar of Contractors. the identity and address of such trust fund or funds. (1)Contract; name and address of owner;information to person seeking to If an invoice for such materials contains the information required by this serve notice. Every written contract entered into between a property owner section,a copy of such invoice,transmitted in the manner prescribed by this and an original contractor shall provide space for the owner to enter his name section shall be sufficient notice. - and address of residence;and place of business if any.The original cdntrac- A certificated architect, registered engineer,or licensed land surveyor who for shall make available the name and address of residence of the owner to has furnished services for the design of the work of improvement and who any person seeking to serve notice required by this section. gives a preliminary notice as provided in this section not later than 20 days after the work of improvement has commenced shall be deemed to have com- §3097.1 Proof of service of preliminary 20-day,notice,proof of service affi- plied with subdivisions(a)and(b)with respect to architectural,engineering, davit; receipt. Proof that the preliminary 20-day notice required by Section or surveying services furnished, or to be furnished. 3097 was served in accordance with subdivision(f)of Section 3097 shall be (d)Election not to give preliminary notice;subsequent rights. If labor,ser- made as follows: vice, equipment, or materials have been furnished to a jobsite by a person (a)It served by mail,by the proof of service affidavit described in subdivi- who elected not to give a preliminary notice as provided in subdivision(a)or sion(c)of this section accompanied either by the return receipt of certified or (b), such person shall not be precluded from giving a preliminary notice not registered mail,or by a photocopy of the record of delivery and receipt main- later than 20 days after furnishing other labor, service, equipment, or tained by the post office,showing the date of delivery and to whom delivered, materials to the same jobsite. Such person shall, however, be entitled to or, in the event of nondelivery, by the returned envelope itself. claim a lien and a notice to withhold only for such labor,service,equipment, (b)If served by personally delivering the notice to the person to be notified, or material furnished within 20 days prior to the service of such notice,and at or by leaving it at his address or place of business with some person in any time thereafter. charge, by the proof of service affidavit described in subdivision (c). (e)Waiver.Any agreement made or entered into by an owner,whereby the (c)A"proof of service affidavit" is an affidavit of the person making the owner agrees to waive the rights or privileges.ponierred upon him by this service, showing the time, place and manner of service and facts showing section shall be void and of no effect. - that such service was made in accordance with Section 3097. Such affidavit (f) Service. The notice required under this section may be served as shall show the name and address of the person upon whom a copy of the pre- follows: liminary 20-day notice was served,and,if appropriate,the title or capacity In (1)If the person to be notified resides in this state,by delivering the notice which he was served. personally, or by leaving it at his address of residence or place of business 83098.Preliminary 20-day notice(public work),atop notice;service;dis- with some person in charge, or by first-class registered or certified mail, ciplinary action; exemption for express trust fund. "Preliminary 20-day postage prepaid,addressed to the person to whom notice is to be given at his notice (public work), stop notice" means a written notice from a claimant residence or place of business address or at the address shown by the that was given prior to the filing of a stop notice on public work, and is building permit on file with the authority Issuing a building permit for the required to be given under the following circumstances: work, or at an address recorded pursuant to subdivision (j)of this section. (a)In any case in which the law of this state affords a right to a person fur- (2)It the person to be notified does not reside in this state,by any method nishing labor or materials for a public work who has not been paid therefor to enumerated in paragraph (1) of this subdivision. If such person cannot be file a stop notice with the public agency concerned, and thereby cause the served by any of such methods,then notice may be given by first-class cer- withholding of payment from the contractor for the public work, any such dried registered mail, addressed to the construction lender or to the person having no direct contractual relationship with the contractor, other originall contractor. than a person who performed actual labor for wages or an express trust fund described in Section 3111, may file such a notice, but no payment shall be (3)When service is made by first-class certified or registered mail,service withheld from any such contractor,pursuant to any such notice,unless such is complete at the time of the deposit of such registered or certified mail. person has caused written notice to be given to such contractor, and the (g) Single notice;additional material, service, labor or equipment. A per- public agency concerned, not later than 20 days after the claimant has first CITY OF SAN JUAN CAPISTRANO • COUNTY OF ORANGE STATE OF CALIFORNIA PLANS, SPECIFICATIONS, SPECIAL PROVISIONS AND CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF TRABUCO CREEK E UESTRIAN-BICYCLE BRIDGE • CITY COUNCIL GARY L. H USDORFER, MAYOR PHILLIP R. SCHWARTZE KENNETH E. FRIESS LAWRENCE F. BUCHHEIM ANTHONY L. BLAND CII Y MANAGER S B. JULIAN DIRECTOR OF ENGINEERING be BUILDING SERVICES RAY A. WELLINGTON • September, 1990 F TABLq OF CONTENTS • Trabuco Creek Equestrian-Bicycle Bridge TITLE PAGE CONTRACT DOCUMENTS Notice Inviting Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 BidProposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Schedule of Work Items . . . . . . . . . . . . . { . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Non-Collusion Affidavit. . . . . . . . . . . . . { . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Designation of Sub-Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Instructions to Bidders . . . . . . . . . . . . . . $ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Contract. . . . . . . . . . . . . . . . . . . . . . . . . f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BidBond . . . . . . . . . . . . . . . . . . . . . . . 18 Performance Bond. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Labor do Material Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 SPECIAL PROVISIONS Work to be Done . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Section 1 Standard Specification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Section 2 Terms Defined.. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .25 Section 3 Insurance and OverheadCosts. . . . . . . . .25 Section 4 Protection of Existing Utilities (USA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Section 5 Protection of Private Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Section 6 Construction Zone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 7 Pre-Construction Coor ination Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Section 8 Drawings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Section 9 Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Section 10 E MA Permit. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .27 Section 11 Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 DETAIL SPECIFICATIONS AND METH�D OF PAYMENT Bid Item 1 Prepare Shop Drawings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 Bid Item 2 Fabrication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 Bid l:e n 3 Deliver . . . . . . . . . . . . 35 BidItem 4 Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 TRABUCO CREEK gQUESTRIAN-BICYCLE BRIDGE . NOTIC& INVITING BIDS Public notice is hereby given that the �ity of San Juan Capistrano will, up to 2:00 p.m., on the 25th day of October, 1990, receive sealed proposals or bids for the Preparation of shop drawings, fabrication, delivery and installation of the TRABUCO CREEK EQUESTRIAN-BICYCLE BRIDGE in accordance with the approved Plans, Specifications, Special Provisions and the Standard S ecification for Public Works Construction 1988 Edition, including all supplements therIde or, on file in the office of the City Clerk of the City of San Juan Capistrano, Calirnia. Bids will be received until the time hereinbefore stated at the San Juanapistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is m on a proposal provided within these specifi- cations. Each proposal or bid must be ccompanied by a certified check, cash, cashier's check, or bidder's bond payable to the ity of San Juan Capistrano in the sum of not less than ten percent of the total bid amoun . • The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successf 1 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. II A pre-bid conference is scheduled at 1000 a.m. on the 11th day of October, 1990, at the City offices. The contractor shall ha a the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's res onsibility to be in attendance at this conference to receive any information disclosed du ing 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 respon ible for any instructions, explanations, or inter- pretation of the plans, specifications, an contract documents presented to the bidders in any manner. The successful bidder, simultaneously wi h the execution of the contract, will be required • to furnish a FaithIful Performance Bon equal in the amount of one-hundred percent (100%) of the contract price. The surety bond company must be acceptable to the City, -1- authorized to do business in California and be on the United States Treasury's accredited • list. The City Council reserves the right treject any and all bids received and to compare the relative merits of the respective lids 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 One Hundred Ten (110 calendar days has been set for the completion of the work, from the date of execution o the contract. BIDDERS ARE HEREBY NOTIFIED T AT, pursuant to the Labor Code of the State of California, copies of the prevailing ate of per diem wages, as determined by the Director of the State Department of I dustrial 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 n 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 preparin 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 gen ral 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 wi 1 be a $5 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the Californias Contractor's License number of such bidder so bidding, as no bid will be accepted f om 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 publish d y order of the City Council of the City of San Juan Capistrano, and is dated: g9� CITY CLEPJt CITY OF SAN JUAN CAPISTRANO • ORANGE COUNTY, CALIFORNIA -2- • BID PROPOSAL For the: Trabuco Creek Equestri1'n-Bicycle Bridge i�rom: 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 1988 Edition, including all supplements therefor, read the Instruc ions 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 wi h the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in he 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 mann r 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 fiftee (15) calendar days from the date of execution thereof, and to diligent!,. prosccutc '.h ..oru to comp.etion before the expiration Of one hundred and ten ('110) calendar days. All bids are to by computed on the ba :s of the given Estimated Quantities of Work, as indicated in this 'iproposal, times the un it prices as submitted by the bidders. In case of discrepancy betw�!een words and tigure , the words shall prevail. In case of discrepanc}r between unit prices and the extension t ereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. • The estimated quantities of work indicated in the proposal are approximate only being given solely as a basis for comparison,of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portion 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 contr ct to the undersigned at the prices stipulated. If the proposal is rejected, then any ch ck 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 toe ter into a contract within fifteen (15) days after the agreement is delivered to him for 3ignature, 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 etween 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 me failure of the undersigned to comply with the terms of this proposal. • Accompanying this proposal is (Insert cashier's check, ertified check or bidder's bond on the forms from Pages 18 and 19 of these Contract DoiumenLs, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Licensed in accordance with an act roviding for the registration of contractors -- LiCense No. Signature of Bidder: • 4- .P,;iyy (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 certifi s that he has thoroughly checked the figures set forth in this proposal, that they are co rect to the best of his knowledge and that they constitute his proposal for the work call d out herein. Dated: Signature of Bidder Dated: Telephone Number • �I � 5 SCHEDULE. OF WORK ITEMS Trabuco CreekEquestrian-BicN,cle Bridge Approximate Work ItE rns With Unit Price Item Quantity (Written in Words) Total Amount I LS Prepare sop drawings per the approved preliminary plans for the lump sum price of dollars. $ 2 LS Fabricate the bridge for the lump sum price of dollars. $ 3 LS Deliver the bridge to the installatior site for the lump sum price f dollars. $ 4 LS Install the bridge for the lump sum price f • dollars. $ Total Bid Price (Enter here and on Page 3) Words Figures NON-COLLUSION AFr'IDAVIT TO BE EXECUTED BY • BIDDER AND,SUBMITTED WITH BID STATE OF CALIFORNIA ) ss. County of ) being first duly sworn deposes and says that he is of the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that any one shall refrain from bidding that said bidder has not in any manner, directly or indirectly, sought by agreement, co munication or conference with any one to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any oth r bidder, or to secure any advantage against the public body awarding the contract of an • one interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any cor oration, 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 3usiness. DATED: SIGNATURE 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 satisfa tory evidence, to be the person(s) whose names) subscribed to he within instrument, and acknowledged that executed it. WITNESS my hand and official seal. • Notary Public in and for said State _7_ p.. DESIGNATION OF SUB-CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub-bids of the following listedsu -contractors in making up his bid, and that the sub-contractors listed will be used fo the work for which they bid, subject to the approval of the Engineer, and in ac ordance with the applicable provisions of the Specifications. It is understood and ag eed 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-Contr ctor Address Phone No. 1 . • 2 . 3 . 4 . 5 . 6 . 7 . 8 . BIDDER'S NAME AL TIIORIZED SIGNATURE -8- sad;,, I INSTRUCTION TO BIDDERS • Securing Documents Plans, Specifications and other contract documents will be available for examination without charge and copies may be secur _` in accordance with the "Notice Inviting Bids". Examination of Plans Specifications and Site of Work The bidder is required to examine the site of work, the Proposal, the Plans and the Specifications, Special Provisions, anc the Standard Specifications for Public Works Construction, 1988 Edition including all supplements, very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requ rements of the Contract Documents. The plans for the work show conditions as they Ere believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City or any of its officers or agents be liable for any oss sustained by the Contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. rhe submission of a proposal shall be prima facie evidence that the bidder has made such an examination. • Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omissions from the drawings, specifications or other proposed contract documents, Dr if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretati n of the point or points in question. The person submitting such a request shall be respo Bible for its prompt delivery. In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly a id fully set forth, or if the Engineer discovers errors, omissions, or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the"documents prese ted to bidders in any manner other than written addendum. -9- t Addenda or Bulletins • The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and res It in its rejection. Disqualification of Bidders No person, firm or corporation shall b allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub-p oposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all pe sons signing shall be in longhand. Where there is • a conflict in the words and the figures, the words shall govern. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder shall list his proposed sub-contractors on the form accompanying the proposal in accordance with the pro isions of the specifications. F. Each bidder must accompany his bid with either a cas'hier's check upon some responsible bank, or a properly c rtified check upon such bank, or an approved corporate surety bond payable to *me City for such a sum of not less than ten (10) percent of the aggregate sum of the bid, xhich 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 goo faith enter into such contract and furnish the required bonds. -lo- +��,�; r+,,: The bidder agrees that, in case of his refusal or failure to execute said contract and • give bonds within the time required by these documents, such check or bond, and the money represented thereby, shall r main 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 rea on of such failure, not exceeding the sum of ten (10) percent of the amount of the bid. ?, t..d received and not accompanied by such cashier's check, certified check or approced bond shall be rejected. G. Bids shall be delivered to the Cit 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 dale 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. Withdrawal of Bids • Any bidder may withdraw his bid in pe son or by written request at any time prior to the scheduled closing time for receipt of bi s. Opening of Bid Proposals The City will, in open session, publicly 3pen, 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 Bid No bidder may withdraw his bid fora period of forty-five (45) days after the date set for the opening of bids. The contract Jor the work will either be awarded or the bids rejected within the forty-five (45) da, 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, instrgctiong,and with the "Notice Inviting Bids". The City, however, reserves the right to reject any or all bids art 'e U-ii ; mere informalities, minor technical errors or irregularities,,obvious clerical error or erasures. -11- .a a a{ <>' The bidder to whom the award is made shall execute a written contract with the City and • furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after the notice of award of contract. The ontract shall be made in the form adopted by the City. The release of the successful bid er's surety deposit, as previously stipulated (page 5), shall be made upon the City s acc ptance of the Labor and !Materials Bond and the Faithful Performance Bond. If the bidder to whom the award is m de fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill ev ry stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the con- tract and bonds for the corporation is d ly authorized to do so. Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the contract and a Faithful • Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract. Said bonds shall be secured from a surety company acceptable to the City, authorized to do business in California and be on the U.S. Treasury Accredited List. Bonds must be submitted on the forms contained in these specifications. Time of Performance The work shall be commenced within fifteen (15) calendar days from the date of issuance of the Notice to Proceed and shall bE diligently prosecuted until completion. A time limit of one hundred and ten (110) calendar days from the date specified in the Notice to Proceed has been set for completion of the work. The bidder's attention is directed to the specifications as to provisions for \tension 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 Cornractor, will be recognized by the awarding 'authority unless such assignrnent has had prior approval of the awarding • authority and the surety has been given notice of such assignment in writing and has consente"g'theretb w4writing. -12- Workmen and Wages • Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City pur want to said Code and as listed in the "Notice inviting Bids". Building Permits It shall be the Contractor's responsibi ity to obtain all necessary permits, bonds and insurance, as required, for the completio of the project. No extra compensation shall be made therefore. • -13- �y,. CONTRACT • I, This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the In tructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit, the Desig ation of Sub-Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specification5 Specificationfor Public Works Construction 1988 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council pertaining to the work, insurance polici s and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that • may be required to complete the work h a substantial and acceptable manner. SECOND. THE WORK. CONTRAC OR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the Preparation of Shop Drawings, Fabrication Delivering and Installing of the Trabuco Creek E uest ian-Bic cle Bride in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the .nPcifications. . FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified L'I'"W'"O"ce Invitirl'g -14- ��' Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual • amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefo e, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty one hundred dollars ($100) per calendar day for each day delayed; provided that extens ons of time with waiver of liquidated damages, may be granted as provided in the Specif cations. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete perf mance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this • contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay City such sum as the Court may judge as reasonable for the legal services of any attorney repre enting the City in any action brought to enforce or interpret the obligations of this agret ment, and such sums shall be made a part of any judgment in such action against CONTF ACTOR if such action is determined in favor of said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay att rney's fees incurred by City in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, S2j2jL.Jhepreya41iD& rate of per diem wages, as determined by the Director of the Stat Department of Industrial Relations, are on file in the offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, • and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or -15- any SUB-CONTRACTOR under him, shall pay not less than the foregoing specified • prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property dama4e insurance naming the City, its elected and appointed officials, the City's represemlatives, their consultants, each of their officers, agents and employees, and the County of Orange, including the Flood Control District, as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiratior or proposed cancellation of such policies for any reason whatsoever, the City shall b notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is • effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the City, its officers, agents, employees, and the County of Orange, including the Flood Control District, from and against any and all claims, demands, los or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this construction agreement. EIGHTH. COMPLIANCE WITH OTHES PROVISIONS OF LAu' 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 pati o- this contract to the same extent as though set forth herein and shall be complied ithby CONTRACTOR. These include, but are • not limited to, the stipulation that eigh (8) hours labor constitute a legal day's work and CONTRACTOR Adlt,`hs a penalty to ty, forfeit twenty-five dollars ($25) for each -16- 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, Divi ion 2, of the California Labor Code, except as permitted by law. IN WITNESS 'kl'HEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and b) CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN CAPISTRANO DATED: BY MAYOR • BY CONTRACTOR ATTEST: Cheryl Johnson, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney -17- • BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, s PRINCIPAL, and s SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $ for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 19J for the construction of The Trabuco Creek Equestrian-Bicycle Bride for the City of San Juan Capistrano, Orange County, California. NOW, THEREFORE, if the rincipal shall not withdraw said bid within thirty (30) • days after the opening of same, an shall, within fifteen (15) days after the agreement has been presented to him for exe ution, enter into a written contract with the City in accordance with the bid as accept d, 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 o ligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing such obligation, a&to be taxed as costs and Included in any judgment rendered. -18- IN WITNESS WHEREOF, the above-bounden parties have executed this • instrument under their several seals this day of 19__, the name and corporate seal of each corporates party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) PRINCIPAL BY: Title: ATTEST (If Corporation) Corporate Seal SURETY ATTEST BY: Title: Title APPROV AS TO FORM: L John Shaw, City ttorney PERFORMANCE BOND • KNOW ALL MEN BY THESE;PRESENTS: That as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called SURE Y, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, herein fter 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 y these presents. WHEREAS, Contractor ha by written agreement dated entered in o a (describe agreement): Contract for Trabuco Cree Equestrian-Bicycle Bridge • 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 peri m said agreement, then this obligation shall be null and void; otherwise it shall remain i full force and effect. Surety waives whatever legal right it may have to require that 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 ;oereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fe s, incurred by City in successfully enforcing such • obligation, all to be taxed as costs nd included in any judgment rendered. L�µp -20- 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall n any way affect its obligations or this bond, and it does hereby waive notice of an such change, extension of time, alterations, or modifications of the contract docu ents or of work to be performed thereunder. Executed this day of 19 , at California. PRINCIPAL APPROVED AS TO FORM (NOTARIZATION AND SEAL) (�LW� J R. SHAW, CITY ATTORNEY SURETY (NOTARIZATION AND SEAL) -21- Premium Included LABO AND MATERIAL BOND KNOW ALL NEN BY THES PRESENTS: That WHEREAS, the City of Sa Juan Capistrano, a municipal corporation of Orange County, California, has awarded t . License No. , hereinafter designate as "Principal", a contract for The Trabuco Creek E uestrian-Bic cle B id a ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, pro isions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW; THEREFORE, we Principal, and as surety, are held firmly bound unto the City o San Juan Capistrano, a municipal corporation, in the penal sum of DOLLARS ($ ) lawful money of the United States of America, for payment of which sum . well and tru�y to be made we bid ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Govenment Code of California as amended, that the surety will pay for the same in an amoun not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns In any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereu der shall in any way affect Its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification'of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's f es, incurred by City in successfully enforcing such obligation, all to ba4axed as costa awd itteiudakik any judgment rendered. -22- • CITY OF SAN JUAN CAPISTRANO TRABUCO CREEK EQUESTRIAN-BICYCLE BRIDGE SPECII L PROVISIONS WORK TO BE DONE The work to be done consists of preparing shop drawings, fabricating, delivering and placing a prefabricated wooden decked, clear span, arch-type bridge of welded steel construction on existing concrete abut ients, and supplying hardware and all appurtenant work as shown on the plans and defined in the specifications. SECTION 1 - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction 1988 Ed tion, hereinafter referred to as the Standard Specifications. The Contractor shall aintain a copy of this book on the job-site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Contract Termination "If at any time, in the opinion of the Director of Engineering & Building Services, Contractor fails to supply suits le equipment, an adequate working force, or • material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Director of Engineering & Building Services, within the time specified in such notice, the City in any such cases all have the power to terminate all or any portion of the contract. Upon receiving notice of such terry ination, 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, anc plant, and buy such additional materials and supplies at the Contractor's expen e as may be necessary for the proper conduct of the work and for completion the eof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the ma erials contracted for, in such manner as the City may deem proper; or the Cite Cou cil may annul and cancel the contract and re-let the work or any part thereof. An excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such termination, aii ,none; d..e :hie Contractor retained under the terms of this contract shall be forfeited to the City; but such torfeiture Ali! not release the Contractor or the sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited with the amount of monies so forfeited toward any excess of cot over and above the contract price 3 arising from the suspension of the operatioiYBf the contract and the completion`oi'�i0"L(►'bm -24- the Cite as provided above, and the Contractor will be credited with any surplus • remaining after all lust claims for such completion have been paid." Change 2: Section 8 - Facilities f r Agency Personnel Delete this Section. SECTION 2 - TERMS DEFINED Whenever in the said Standard Specifi ations the following terms are used, it is hereby provided that the following City depart ents or persons shall be intended: AGENCY shall mean City of San J an Capistrano, whenever appropriate. BOARD shall mean the City Counc I of the City of San Juan Capistrano. ENGINEER shall mean Cite Engine r or other person(s) designated by same. SECTION 3 - INSURANCE AND OVER EAD COSTS The Contractor shall receive no direct compensation for insurance and overhead (move-in costs, for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. SECTION 4 - PROTECTION OF EXISTING UTILITIES (UNDERGROUND SERVICE ALERT • The Engineer has endeavored to show all existing utilities. The Contractor must, however, take all due precautionary measures to protect all of the existing utilities. The Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any const 7uction work. The Contractor's attention is directec to the utility notification service provided by UNDERGROUND SERVICE ALERT ( SA). USA member utilities will provide the Contractor with the locations of theirsubstructures in the construction area when the Contractor gives at least 48 hours notic to the USA by calling 1-800-422-4133. Full compensation for conforming to th requirements of this section shall be considered as included in the contract bid prices paid for the various items of work, and no additional compensation will be allowed therefor. SECTION 5 - PROTECTION OF PRIVATE PROPERTY The Contractor must remain within the construction zone to the best of his ability. The Contractor must protect all existing pri ate property. SECTION 6 - CONSTRUCTION ZONE Contractor shall protect property arid fciiities adjacent to the consirucno�r mne, and all property and facilities within the cons ruction zone which are shown on the plans to be protected. After completion of proje t, the construction zone shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be • restored to their original condition a gcatign. In,the ev"gnt improvements of facilities are damaged, they shall be replaced wt i new marerials equal to the original. .4 ,_ _25- , <ax,- Nothing herein shall be construed to entitle the Contractor to the exclusive use of anv • public street, war or parking area wring performance of the contract work, and Contractor shall conduct his operations o as not to interfere with the authorized work of utility companies or other agencies in s ch streets, ways or parking areas. The Contractor shall be responsible fo investigating conditions of available public and private roads and of clearances, restrictions and other limitations affecting transportation and ingress and egress to the site of the work. SECTION 7 - PRE-CONSTRUCTION C ORDINATION MEETING Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor, the Engineer, and involved utility representatives. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor will be required to submit a complete schedule showing the number of working days required to complete each phase of the project. This schedule shall be approved by the City Engineer prior to the start of construction. SECTION 8 - DRAWINGS Pages 30 through 33 show location, dimension and type of bridge and details of existing abutments. SECTION 9 - PERMITS • The City has applied for and obtained a permit from the Orange County E.M.A. to install, operate and maintain an equestrian-bi vcle bridge as shown on pages 30-33. A copy of the permit is included (SECTION 10). The regulations, requirements, fees, sting of bonds and other conditions of all permits required for this contract shall be strictly adhered to by the Contractor in the performance of the contract. The enf rcement of such requirements under the contract shall not be made the basis for addition I compensation. W SECTION 10 — E.M.A. PERMIT PUBUIC PROPERTY E CROACHMENT PERMIT INSPECTION PHONE: c of OPAM iE EN 567-7800 VIRONMENT MANAGEMENT AGENCY a� 90-005 1-FE cSion office slhall " notified REGULATION/ dllC PROPERTY PERMITS A4vn Office-12 CENTER PLAZA Fin.G-12 EF7=ECTIVE 90 haat TWO (2( WORK DAYS sAxu CALFOF*AA92701 DATE PRIOR TO commencing Permitted SEE SPBCIAL use. FAILURE TO OBTAIN INSPEC- OR—POk4 SAIrtA ANA CA�7bi aoas ExPIRAM4 TION SMALL VOID THIS PERMIT. AfoNE 1134-34684 sae-2626 DATE PROVISION "F" PERMITTEE TYPE F=ACILITY NAME NUMBER City of San Juan Capistrano TRABUCO CREEK CHAN"'EL L02 32400 Paseo Adelanto San Juan Capistrano, CA 92675 c mactPe. Theodore Simon Tel0ph.No 493-1171 PERMITTED USE: use of Camty paperty M hereby atAh Fuea as mnied to prw m re erse hereof"atmcfea herW: To install, operate and maintain a pub is equestrian/pedestrian bridge across Orange County's Flood Control D strict's Trabuco Creek Channel right of way, per plans and provisions attac d, and to the satisfaction of EMA inspection personnel. s P68110 cEok Class 4; Cat. Exempt carwrccdm 651/61,74 LOCATION OF WORKS Trabuco Creek Channe at Rancho Viejo Road Danersgn/Type. nne.ema 36, E3 San Juan Capistrano AREA CONSIDERATIONS $5 ,280.00 (EUF275) S-WV Cit Taw $5,280.00 NMI CnP.:kW Caen Heciq DaR Teat FurC Mope , no , Click Flp Cash Recea Oe1e TrutFW YWte Fuse wnw Permittee Carmada aosvEcnm PW/ Construction 567-7800 cc PW/ Operations _ PER//MITT,E//E'S ACCEPTANCE: FtgsE /NGb(C COUNTY APPROVAL / fZL� Citi E /�✓ � �� (a P__ft_ NPONT RES:is PERMIT AND APPROVED PLANS SHALL BE MAINT ED ON JOB SITE PERMITTEE SHALL COMPLY WHIN REGULAT)ONS P i%Y 7__:1 ON NEVERSE SIDE OF PERMIT AND ATTACHMENTS. ALL UNDERGROUND WORK REQUIRES PRIOR `UND GROUND SERVICE ALERT COMPLIANCE PERMIT SMALL BE NON-TRANSFERABLE Rr �)Ta COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY 90-00531-FE REGULATION/PUBLIC PROPERTY PERMITS DIVISION Po mil No. SPECIAL PROVISIONS Page 1 of 2 A. A review has been made of perm ttee's public equestrian/pedestrian bridge design, calculations and metho of access and related construction, insofar as it may affect Orang County Flood Control District operations and facilities. It is mutually acknowledged that issuance of this permit is not to be construed as OCFCq,s approval for permittee's design or adequacy of permittee's propos d bridge and street improvements, nor does it obligate County of Orange f r future construction, maintenance, repair or related liabilities of sucha Permitted bridge structure and related street improvements are to remain the property of permittee and ermittee acknowledges all responsibilities for operation, maintenance, pa rolling, repair, posting of adequate signs, control of public access and r lated items necessary for public safety and use of said bridge. B. Upon completion of permitted construction, OCFCD shall be responsible for all flood control facilities, Lncluding fencing, method of ingress and egress to channel roadways, et:. OCFCD shall be responsible for token inspection of channel work. Tie City of San Juan Capistrano shall be responsible for inspection of zonstruction of the bridge structure, general layout, location and a equacy of street improvements and proposed construction outside of Orange County Flood Control District's channel. . Certification for all materials and work, including compaction tests, shall be furnished by permittee upon request. Certification shall be made by a certified testing agency or firm acceptable to the OCFCD. C. No construction or any use of flood control channel right of way shall be permitted between October 15 and April 15 that may, in any way, obstruct the flood-carrying capacity of the existing channel section. Permittee and permittee's contractorshal 11 be responsible for providing for the free flow of storm runoff in the 0 FCD's channel and tributaries to said channel during the constructi n period and permittee agrees to assume all liability for any and all dam ges that may result from such. D. No work, repair or alterations affecting Orange County Flood Control District's facilities shall be performed in flood control district right of way without the full knowledge and prior approval of OCFCD's inspector, who shall be given not less than 72 hours advance notice of the initiation of work, either by telephone 567-7800) or by mail addressed to this office. E. Permittee's contractor shall provide the Orange County Flood Control District with verification of combined single limit insurance in the amount of One Million Dollars ($1,000,000) for public liability and property damage, from an insurance company satisfactory to County, in which the County of Orange an the Orange County Flood Control District shall be named as additional nsureds with permittee. The insurance verification certificate must contain a clause requiring the insurance • company to give County thirty (30) days written notice prior to any change in insurance coverage. Prope ty coverages must contain a atu►daasaw subrogation clause. Evidence of workers' compensation insurance must be ®F0250412.1 (R9/81) .gig CO�PNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY 90-00531—FE REGULATION/PUBLIC PROPERTY PERMITS DIVISION P9m et No. SPECIAI. PROVISIONS Page 2 of given. This permit shall not be effective until evidence of such insurance is filed with this office and approved by the Office of the County Counsel. The insurance certification shall be mailed to Orange County EMA/Regulation, Public Property Permits Division, P. 0. Box 4048, Santa Ana, CA 92702-4048. F. This permit shall become VOID In the event the use permitted is abandoned for a period exceeding One (1) Year. G. Fencing and gates to be instal ed or reconstructed as a part of this project, adjacent to or within the OCFCD's right of way, shall be located to the satisfaction of the OCF D's inspector and shall be in accordance with the Orange County, EMA Standard Plan 600-0-OC. H. All fill placed in OCFCD's right of way and any excavation to be backfilled shall be compacted o a relative density of at least 90% of the maximum density as determined by California Test Method No. 216. I. Permittee shall not leave vehi les or equipment or stockpile any material upon any portion of OCFCD right of way and shall control dust and provide for passage of OCFCD or other authorized vehicles to the satisfaction of OCFCD's assigned inspector. • J. Permittee further agrees that ise of the bridge by the public shall not be permitted until the OCFCD's inspector has filed a completion report. K. Vehicle barriers at equestrian pedestrian bridge ends are to be constructed to restrict vehicular access; these barriers shall be designed and constructed to be "UNREMOVABLE". L. Permittee shall submit a full set of 'As Built Mylars' to EMA Subdivision Division prior to sign off by EMA inspection personnel. • RBS:is -- 0080309480881 �.. 0080309480881 F0250-212.1 (R9/!1) -29- . Adbk PRELIMINARY ONS' NOl FOR COMSTROCTM m 0 Mom Lpjcm z i s ro I T(P 0IORO ----- - - - - - - - - - - - - t aAooaAi I BOTTOM 01080 I SYIMETRIM ADM f OF BRIDLE CONCWTE AgVT%"T ,,Y Onim BRIDGE ELEVATION NO SCALE TRAUCO CREEK EQUESTRIAN-BICYCLE BRIDGE ' 31tIEET 1 OF 4 PREUMINARY Olaf NOr FOR 03INSMUCPM t - VERTICAL- TOP CHORD i 2 X e RUB RAIL (6' 144X. OPENING) o DiAGOIMI---�� I' ) V X 1/4' TUE PLATE f It J �PLANIC KILODONN m tri WEFT fI' N FAMiY1f. Evan WUM DECK STRINGER BRACf DIAGONAL V ij i I 2'-3' --- 2 SPACES O 2'-r 5'-6', FLOW BEAM FLAW SUPPORT �- BOf TON C"D BRIDGE SECTI[N! NO SCALE TRABUCO CREEK EQUESTRIAN-BICYCLE BRIDGE SINT" 2 OF 4 /OEN kTXJOI�Y,d}� \ P/ESP �t J Roc HO i Ego Ro,.HcSQ77 g \\ , • - - -� - \o /7+-Gb BEG/N EoceO� �oG$, mm, A.C. - / EG/IV BR/06E � 14-590 590 27 Nµ/71 � �� ,,��' / tC0 YPT• I N52�5 R ,4BfJTM6tY . 4 1 Q TO K 5 6EE 6;"7-6 (� I �l W ! 0 o TRABUCO CREEK EQUESTRIAN-BICYCLE BRIDGE SHEET 3 of 4 ISO=3` OLT.S. {{ EB T P. ` 90* TYR BOTH SIDES Jb E DIA. PILES Pgl '„ li GDTOT��ALT. 'O • _, i Eot ELEVATION I HIS SHEET r' 96.5° b -14 41 88 OR E{ Itd d'g 1'aA.a 4L0. A-307 HEADED C. 2-N0. S A.{. { TOTAL EQUESTRIAN BRIDGE 1 BY OTHERS `!-NO• S • NO. so IY to NO.4 IES D 12' N0. .to • TRABUCO CREEK EQ ESTRIAW=BICYCLE BRIDGE -33- CITY OF SAN JUAN CAPISTRANO • TRABUCO CREEK EQUESTRIAN-BICYCLE BRIDGE DETAIL SPECIFICATINS AND METHOD OF PAYMENT BID ITEM 1 - PREPARE SHOP DRAW[ GS The work for `.his item shall inclu e site inspection and preparing shop drawings according to the following criteria: 1. In accordance with the enclosed lans (pages 30-33). 2. Concentrated load of 10,000 you ds, plus 30% for impact. The concentrated load shall be distributed assuming a f ur-wheel vehicle with 5,200 pounds on each rear wheel and 1,300 pounds on each ront wheel. The wheels shall be spaced, based on a pick-up truck driving down the enter of the bridge. 3. Wind load of 30 pounds per squa a foot on the full horizontal projected surface of the bridge, as if enclosed. 4. Live weight load of 60 pounds pei square foot. 5. Adjustable mounting plates for tt ermal expansion. 6. All allowable design stresses sh 11 be in accordance with the latest edition of the • American Association of State Highway and Transportation Officials (AASHTO) S pecif i cation. 7. The drawings shall be signed by i California Registered Civil Engineer and sent to the Engineer for review and appr val. BID ITEM 2 - FABRICATION 1. Done in accordance with the ap oved shop drawings. 2. Workmanship, fabrication and shop connections shall be in accordance with AASHTO specification. 3. Welding operators shall be pro erl%, accredited, experienced operators, each of whom shall submit satisfactory evidence of experience and skill in welding structural steel with the kind of welding to be used in the work and who has demonstrated the abilitv to mak uniform good welds of the type required. 4. Bridge shall be prefabricated per standards of either the Continental Bridge Companv, Alexandria, Minnes to or Town and Country Bridges, Minneapolis, Minnesota, or equivalent. The f (lowing standards set forth by these manufacturers are for a clear span, arch t5'p bridge of welded steel construction and shall be regarded as minimum structural specifications, 5. Self-weathering steel shall be c eaned in accordance with Steel Structures Painting • Council Surface Preparation Specifications No. 6 Commercial Blast Cleaning, SSPC-SP6-63. -34- 6. Shop splices shall be full penetration welds in accordance with AASHTO or AWS • (American Welding Societe) Speciflication. 7. Field splices shall bebolted with STM A325 bolts and designed to carrN the entire stress with bolts, rather than end earing of the chord member. 8. Splices shall be located as far off enter as practical. 9. Bridge framing to be constructed of self-weathering low maintenance USS Cor-Ten Steel or equivalent. 10. Bolts, nuts and circular washers s iall be in accordance with high strength bolts for structural steel joints, including suitable nuts and plain hardened washers ASTM A325. 11. Decking is to be 3 x 10 pressure treated fir. Timber deck material shall be treated with Chromated Copper Arsenate (CCA) ASTM D1625-71 and the method of treatment shall be in accordance vith pressure treatment of timber products ASTM D1760-76. 12. Six inch (61 toe plating at deck evel, each side, shall be the same steel grade as the main bridge members. BID ITEM 3 - DELIVER 1. Deliver the fabricated bridge and all necessary hardware to the installation site, • Trabuco Creek and Rancho Viejo Road. BID ITEM 4 - INSTALLATION 1. Submit a Traffic Control Plan for unloading, assembling and installing the bridge, to the Agency for approval and o tain all necessary permits. This plan will include the type and location of all equipment necessary to do the work. 2. The manufacturer's representative will instruct and supervise the installer in the necessary procedures to unload, assemble, prepare the existing abutments, lift and place the assembled bridge and complete the installation. Care must be taken to prevent any damage to the finishof the bridge. 3. Furnish the agency with a com Tete set of structural calculations signed by a California Registered Civil Engineer and a set of mylar "as-built" drawings. PAYMENT Full compensation for all labor, tools material and equipment for each item of work shall be included in the lump sum price bid and no additional compensation shall be made. • -35-