1978-0818_GRIFFITH COMPANY_Contractr�
u
RECORDED AT THE REQUEST OF
AND RETURN TO:
30793 M 12808Pc 698
EXEMPT RECORDING FEES EXEMPT DUE TO
( ,1 GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto Mary Aq# H' over, Ci y Cle k
San Juan Capistrano, CA 92675 City of San Juan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the
City Council of the City of San Juan Capistrano, California, to
Griffith Company, P. O. Box B -T, Irvine, California, 92716, who was
the company thereon for doing the following work, to wit:
CONSTRUCTION OF MAJOR STREET REPAIRS
That said work was completed by said company according to plans and
specifications and to the satisfaction of the City Engineer of the
City of San Juan Capistrano, and that said work was accepted by the
City Council of the City of San Juan Capistrano, at a regular meeting
thereof held on the 16th day of August , 1978, by Resolution No.
78-8-16-10
That upon said contract the United Pacific Insurance Company was
surety for the bonds given by the said company as required by law.
Dated at San Juan Capistrano, California, this 1Ath day of
August- , 1978.
Maryanover, City Clerk of
y of
the Ci San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of
the City Council of the City of San Juan Capistrano, California, do
hereby certify under penalty of perjury that the foregoing NOTICE
OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION
was duly and regularly ordered to be recorded in the Office of the
Orange County Recorder by said City Council.
Dated at San Juan Capistrano this 18th day of August , 1978.
(SEAL)
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
3U Min. 1 P.M. AUG 21 1978
LEE A. BRANCH, County Recorder
Mary An nover, City Cle k of
San Juan Capistrano
1
' CUM Ill ILI
This contract is made and entered into by and between the
CI'T'Y OF SAN JUAN CAPISTRANO, hereinafter referred to as CiLy and
' GRIFFITH COMPANY _ hereinafter
referred to as CONTRACTOR,
' IT IS HEREBY AGREED BETWEEN TILE PARTIES AS FOLLOWS:
' FIRST. CONTRACT DOCUMENTS. The contract documents shall be
' considered to include the Notice Inviting Bids, the Instruction
to Bidders, the Proposal, the Bid Bond, the ,ion -Collusion Affi-
davit, the Designation of Sub -Contractors, the Contract which is
prepared for execution by the City and the Contractor, plans,
specifications and special provisions, contract bonds, resolu-
tions adopted by the City Council pertaining to the work, in-
surance policies and certificates, and any supplemental written
agreements amending or extending the scope of the work originally
' contemplated that may be required to complete the work in a
substantial and acceptable manner.
' SECOND. TITE WORK. CONTRACTOR agrees to furnish all tools,
labor, material, equipment, transportation, and supplies neces-
sary to perform and complete in good and workmanlike manner the
construction of Major Street Repairs., San Juan Capistrano,
in strict confor-
mity with the Plans, Specifications and all other contract docu-
ments, which documents are on file at the Office of the City
Clerk, City hall, 32400 Paseo Adelanto, San Juan Capistrano,
California.
' THIRD. PAYAM,.NT. City agrees to pay, and CONTRACTOR agrees to
accept, the lump Sum adjusted for variations of <luani.ities, at
the price. designated in bid proposal at t:ho timo and in the
manner set forth in the Specifications.
-lfi-
i
' FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. Contractor
agrees to furnish bonds guaranteeing the performance of this con-
tract and guaranteeing payment of all labor and material used
' under this contract, as required by the laws of the State of Cali-
fornia, 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 per-
formance of the contract, guaranteeing the work against faulty
' workmanship and materials for a period of one (1) year after com-
pletion and acceptance. The Labor and Material Bond shall be for
' a n 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.
' SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. The general
prevailing rate of per diem wages
FOURTH.
COMMENCEMENT AND COMIYLETfON OF THF WORK. CONTRACTOR
agrees to
begin and complete the work within the time specified
in the Notice
Inviting Bids. It is agreed that it would be im-
practicable
and extremely difficult to fix the actual amount of
damages,
and loss sustained by City, should CONTRACTOR fail to
' complete
the work in the specified time; therefore, CONTRACTOR
shall pay
City, as liquidated damages, not in the nature of a
penalty,
one hundred dollars ($100) a day for each day delayed;
'
provided
that extensions of time with waiver of liquidated
' damages,
may be granted as provided in the Specifications.
' FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. Contractor
agrees to furnish bonds guaranteeing the performance of this con-
tract and guaranteeing payment of all labor and material used
' under this contract, as required by the laws of the State of Cali-
fornia, 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 per-
formance of the contract, guaranteeing the work against faulty
' workmanship and materials for a period of one (1) year after com-
pletion and acceptance. The Labor and Material Bond shall be for
' a n 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.
' SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. The general
prevailing rate of per diem wages
and general prevailing rate for
'
holiday and overtime work,
in the
locality in which the work is
to be performed, for each
craft,
classification or type of work-
man needed to execute the
contract,
have been determined by City,
in Resolution No. 76-11-17-3, which
is on file at the office of
'
the City Clerk, City hall,
32400
Pasco Adelanto, San Juan Capis-
trano, California, and is
hereby
incorporated herein and made a
-17-
0
17-1
part: hereof. CONTRA+,TOR agrees that he, or any SUB -CONTRACTOR
under him, shall pay not less than the foregoing specified pre-
vailing rates of wages to all workmen employed in the execution
of the contract.
SEVENTH. INSURANCE. CONTRACTOR agrees to carry Public Liability,
Property Damage, and Workmen's Compensation Insurance in amounts
as required_by the Specifications.
EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO
PUBLIC CONTRACTS. City is subject to the provisions of the
Government Code and the Labor Code of the State of California.
It -is stipulated and agreed that all provisions of law applicable
to public contracts are a part of this contract to the same ex-
tent as though set forth herein and shall be complied with by
CONTRACTOR. These include, but are not limited to, the stipula-
tion that eight (8) hours labor constitute a legal day's work
and CONTRACTOR shall, as a penalty to City, forfeit twenty-five
dollars ($25) for each workman employed in the execution of the
Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calen-
dar day during which such workman is required or permitted to
work more than eight (8) hours in violation of the provisions
of Article Three, Chapter One, Part Seven, Division 2, of the
California Labor Code, except as permitted by law. .
IN WITNESS 1YHER.EOF, this contract is executed by the duly
authorized agent(s) of City, pursuant to Council action, and by
CONTRACTOR on the date set before the name of each.
DATED: June 21, 1978
APPROVED ASrn-pTO�'FFORRM:
J mes Okazaki, tey
DATED: Julv 5. 1978
_18 -
OF SAN JUAN CAPISTRANO
KENNETH
MAYOR
GRIFFITH COMPANY
CON ,IIZACTOR
D y Vim}
mes D. Wa tze
Assistant District Manager
0
AGENDA ITEM
August 16, 1978
TO: James S. Mocalis, City Manager
0
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Final Report and Notice of Completion - Major Street
Repair (Griffith)
SITUATION
Major Street Repairs have been completed by Griffith Company.
This construction project was a capital project with funds en-
cumbered from the 1977-78 budget. The project is now ready for
acceptance by the City Council and recordation with the County
of Orange.
The current payment status is:
Total project costs: $18,072.62
Less 10% retention: 1,807.26
Total due to date: $161265.36
Previous progress payments: 00.00
AMOUNT DUE: $16,265.36
FINANCIAL CONSIDERATIONS
This project was completed as a capital project and accordingly
had $30,000 budgeted in the 1977-78 Fiscal Year. The money has
been encumbered into the current Fiscal Year.
ALTERNATE ACTIONS
1. Accept the project as complete.
2. Do not accept the project as complete.
3. Require further information from staff.
RECOMMENDATION
By resolution, determine that the work has been completed, and
declare the work to be accepted; and direct that within ten (10)
days from the date of acceptance, a Notice of Completion be filed
with the Orange County Recorder. The total amount of work per-
formed under the contract is $18,072.62. Direct staff to release
the 10% retention 35 days after recordation of Notice of Completion.
tTUtf llysu matted,
W.D. Mu yr � �—
WDM: RFC/tm FOR CITY COUNCIL AGENDA ..
n
RESOLUTION NO. 78-8-16-10
COMPLETION OF MAJOR STREET REPAIR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFQRNIA, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF
MAJOR STREET REPAIRS
WHEREAS, on the 21st day of June, 1978, the City of
San Juan Capistrano ente-ed into a contract with Griffith Company,
for the construction of Major Street Repairs; and,
WHEREAS, the Director of Public Works has evaluated
the final quantities and cost figures and recommends approval.
NOW, THEREFORE-, the City Council of the City of
San Juan Capistrano does resolve as follows:
SECTION 1. That 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 18,072.62.
SECTION 3. That the work is hereby accepted and
approved.
SECTION 9. It is further ordered that a "Notice of
Completion" be recorded, on behalf of the City, in the office of
the County Recorder of the County of Orange within ten (10) days
of the date of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of
August 1 1978 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
K� TH E. FRIESS, MAyp���
ATTEST:
CITY C�ERK%-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 78-8-16-10 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 16th day of
August 1978
(SEAL) ._ .
MARY ANN HANOVER, CITY CLERK
an
Chanoe Order No. 1
• CONTRACT CHANGE ORDER •
Beginning Contract Date
Date July 21, 1978
Acct.
kik NO. 5899-03
Location Rancho Viejo Road
MAJOR STREET REPAIRS
Contract Amount $
Previous Change Orders $
This Change Order $
Adjusted Contract $
July 21, 1978
17,381.71
-0-
690.91
18,072.62
Item
No.
Description of Changes
Decrease In
Contract Price
Increase In
Contract Price
3
Seal coat A.C. cap on Rancho Viejo
Road, including all traffic control
$ 690.91
Change In Contract Price Due to This Change
Order
Net Change In Contract Price
$
$690.91
$ 690.91
$
TIME SCHEDULE:
Total Contract Days 45 _
Amount Prior C.O.(s) --
Amount This C.O.
Adjusted Contract Days —0—
New Date of Completion
ACCEPTANCE: / DATE:
Accepted by:'i`/
Griffith Company T '-
Recommended by:
Leslie D. J cobs
Approved by:m&` J���
W. D. Murph
0 (SAnIPLE)
FAITHFUL PERFOIZIVEE P�` M
KNOW ALL MEN BY THESE PRESENTS: That
• Premium Included
IN THE AMOUNT OF: $160.00
BOND NO. U 06 45 85
EXECUTED IN SINGLE COPY
WHEREAS, The City of San Juan Capistrano, a municipal corporation
of Orange County, California, has awarded to GRIFFITH COMPANY ,
License No. 32168 , hereinafter designated as "Principal," a con-
tract for Construction of Major Street Repairs, San Juan Capistrano ; and
WHEREAS, said Principal is required under the terms of said
contract to furnish a bond for the faithful performance of said contract.
NOW, THEREFORE, we, GRIFFITH COMPANY , as Principal,
and UNITED PACIFIC INSURANCE COMPANY , as surety, are held and firmly
bound unto the City of San Juan Capistrano, a municipal corporation of
Orange County, California, in the penal sum of TWENTY ONE THOUSAND TWO HUNDRED
SEVENTY FIVF. AND N01100 DOLLARS ($ 21,275.00 - - - - ) lawful money of the United
States of America, for payment of which sum, well and truly to be made,
we bind ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if the hereby
' bounden Principal, his or its heirs, executors, administrators, succes-
sors or assigns, shall in all things stand to and abide by and well and
truly keep and perform all the undertakings, terms, covenants, conditions,
and agreements in the said contract and any alteration thereof, made as
therein provided, all within the time and manner therein designated and in
all respects according to their true intent and meaning, then this obli-
gation shall become null and void, otherwise it shall be and remain in full
force and virtue.
FURTHER, the said surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or modification
of the contract documents or of the work to be performed thereunder,
shall in any way affect its obligations or this bond, and it does hereby
waive notice of any such change, extension of time, alterations or modi-
fications of the contract documents or of work to be performed thereunder.
IN WITNESS WHEREOF x1iy 4�ii�/4%/p�Yb�Y4�Ydl fi 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 30th day of June , 19 78 , the name and corporate
seal of each corporate party being hereto affixed and these presents duly
signed by its undersigned representative pursuant to authority of its
governing body.
' GRIFFITH COMPANY
PR1NCIA
By—
James D. ww.Ltze
By Assistant District Manager
NITED PACIFIC INSU,R"�NCE COMPANY
B°
_10_ Martha J,:'Chase, Attorney -in -Fact
State of California
M
County of Los Angeles
On Tnne 30th , 19 _78 , before me, the undersigned, a Notary Public in and for said County,
personally appeared MARTHA T. CHASE known to me to be the person whose name is
subscribed to the within instrument as Attorney -in -Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged
to me that she subscribed the name of UNITED PACIF IC INSURANCE COMPANY, as Surety, and h er own name as
Attorney -in -Fact.
My Commission expires
BDU-1818 ED. 3/72 (CALIF.)
OFFICIAL SEAL
MARIE L. JILEK
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
LOS AN -',ELS MM -1Y
My Commission Expires March 9, 1979
Notary Public in and fors d unty
' UNITED PIFIC IN8VRANC COMPANY
HOME OFFICE, TACOMA, WASHINGTON
'POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Washington, does hereby make, constitute and appoint
'MARTHA J. CHASE of LOS ANGELES, CALIFORNIA ------------••----
its true and lawful Attorney-in-fact, to make execute, seal and deliver for and on its behalf, and as its act and deed
' ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP --------------------
and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other
writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested
by one other of such officers, and hereby ratifies and confirms all that its said Attorneys) -in -fact may do in pursuance hereof,
This Power of Attorney is granted under and by authority of Section 37A of the By -Laws of UNITED PACIFIC INSURANCE
COMPANY which provisions are now in full force and effect, reading as follows:
SECTION 37A —ATTORNEYS -IN -FACT
SECTION 1. The Board of Directors, the President, or any Vice -President or Assistant Vice -President shall have power and authority to: lal appoint
' Attorneys -in -fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other
writings obligatory in the nature thereof, and (b) to remove any such Attorney-in-fact at any time and revoke the power and authority given to him.
SECTION 2. Attorneys-in4actshall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
' The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 26th day of October, 1971, at which a quorum was present, and said Resolution
has not been amended or repealed:
"Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
' signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached. •
' IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its V ice -President, and its corporate
seal to be hereto affixed, this 2nd day of December 19 75"
UNITED
PACIFIC INSURANCE COMPANY
STATE OF Washington Executive Vice -President
t w Ist ��
' COUNTY OF i t'" '"`�'
Pierce
On this 2nd day of December , 19]j personally appeared MORRIS F.. BROWN
Executive
to me known to be the Vice -President of the UNITED PACIFIC INSURANCE COMPANY, and
' acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Section 37A, Section 1
and 2 of the By -Laws of said Company and the Resolution, set forth therein, are still in full force.
My Commission Expires:
j'q,a E• 90�^...
January 15 g 78 Washington
i • _ - - Notary Public in and for State of
��Uallt�e. i
Residing at Tac Oma
' \. n nt•
D. Keith Johnson Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which is still in full
' force and effect.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said Company this,_ day of Jimp tg 78
OSEAL
A t Secretary
WBDU-1431 ED. 6/74
' (SAMPLE) Wromium Included
for this bond is shown
on the Performance Bond
BOND NO. U 06 45 85
LABOR AND MATERIAL POND EXECUTED IN SINGLE COPY
KNOW ALL :0EN BY THESE PRESENTS; That
WHEREAS, the City of San Juan Capistrano, a municipal
' corporation of Orange County, California, has awarded to
GRIFFITH COMPANY License No. 321 68 ,
hereinafter designated as "Principal," a contract for construction
of Major Street Repairs, San Juan Capistrano, California ; and
WHEREAS, said Principal is required to furnish a bond in
' connection with the said contract providing that if said Principal,
or any of his or its sub -contractors, shall fail to pay for any
materials, provisions, provender or other supplies or teams used
in; upon, for or about the performance of the work contracted to
be done, or for any work or labor done thereon of any kind, the
surety or this bond will pay the same.
NOW, THEREFORE, we GRIFFITH COMPANY
Principal, and UNITED PACIFIC INSURANCE COMPANY , as surety
are held firmly bound unto the City of San Juan Capistrano, a
'. municipal corporation, in the penal. Burr. of TWENTY ONE THOUSAND TWO HUNDRED
SEVENTY FIVE 9 NO/fl8LLARS (wpay_ _ ), lawful money of the
United States of America, for ment of which sum well and truly
to be made we bind ourselves, our heirs, executors, administrators
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said
Principal, his or its heirs, executors, administrators, successors
' or assigns, or sub -contractors, shall fail to pay for any materials,
provisions, provender, or teams, or other supplies or equipment
used in, upon, for or about the performance of the work contracted
' to be done, or for any work or labor done thereon of any kind, or
for amounts due under the Unemployment Insurance Act with respect
' to such work or labor as required by the provisions of Title 1,
Division 5, Chapter 3 of the Government Code of California as
amended, that the surety will pay for the same in an amount not
exceeding the sum specified in this bond and also in case suit is
brought upon the bond, a reasonable attorney's fee to be fixed
by the court. This bond shall inure to tl7e benefit of any and
' all persons, companies and corporations entitled to file claims
under said act, so a.:; to give a right of action to them or their
assigns in any suit brought upon this bond.
' FURTIILIR, the said surety, for value received, hereby
stipulates and agree; ghat no change, extension of time, alters-
' tion or modification of tho contract documents or of the work to
be performed thereunder shalj in any way affcCt; its obliga(iou on
this bond and it does hereby wa.ivn notice of any such char;,'c, CX -
tension of time, alteration or modil'i.eati.ou of the contract documents
or of work to he pcvioruled theretmder.
-2L-
One (1) only
'I_N 4tiITNESS 1Y]13P.E0P of this
instrument, cacti of which shall for all purposes be deemed an original
thereof, have been duly executed by the Principal and surety herein named
'on the 30thday of June , 19 78 The name
and corporate seal of each corporate party being hereto affixed and these
presents duly signed by its undersigned representatives pursuant to
' authority of its governing body.
-22-
GRIFFITH COMPANY
'
PRINCIPAL
B'��3�
ames D. Waltze
Assistant District Manager
By
U fT, ED PACIFIC INSURE COMPANY
URETY
y
By
Marth J. Chase, Attorney -in -Fact
M7
i
-22-
State of California )
s ss.
County of Los Angeles )
On June 30th , 19 78, before me, the undersigned, a Notary Public in and for said County,
personally appeared MARTHA J. CHASE known to me to be the person whose name is
subscribed to the within instrument as Attorney -in -Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged
to me that she subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h er own name as
Attorney -in -Fact. OFFICIAL SEAL
MARIE L. JILEK
NOTARY PUS'LIC - CALIFORNIA
PRINCIPAL OFFICE IN
LOS AWELLS GUONTY
My Commission Expires March 9, 1979 t l ^
My Commission expires 19
Notary Public in and for said o my
BDU-1818 ED. 3/72 (CALIF.)
UNITED PfFIF'IC IN8ZT7LANC4F COMPANY
HOME OFFICE, TACOMA, WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Washington, does hereby make, constitute and appoint
MARTHA J. CHASE of LOS ANGELES, CALIFORNIA ------------------
its true and lawful Attorney-in-fact, to nuke execute, seal and deliver for and on its behalf, and as its act and dead
ANY AND ALL BONDS AND
OF SURETYSHIP --------------------
and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other
writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested
by one other of such officers, and hereby ratifies and confirms all that its said Attorneylsl-in-fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Section 37A of the By -Laws of UNITED PACIFIC INSURANCE
COMPANY which provisions are now in full force and effect, reading as follows:
SECTION 37A —ATTORNEYS -IN -FACT
SECTION 1. The Board of Directors, the President, or any Vice -President or Assistant Vice -President shall have power and authority to: (a) appoint
Attorneys -in -fact and to authorize them to execute on behalf of the Corripany, bonds and undertakings, recognizances, contracts of indemnity and other
writings obligatory in the nature thereof, and (b) to remove any such Attorney-in-fact at any time and revoke the power and authority given to him.
SECTION 2. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY at a meeting hold on the 26th day of October, 1971, at which a quorum was present, and said Resolution
has not been amended or repealed:
"Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached. •
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate
' seal to be hereto affixed, this 2nd day of December 19 75.
UNITED PACIFIC INSURANCE COMPANY
�1 SEAL i
STATE OF Washington Executive Vice -President
COUNTY OF
Pierce
' On this 2nd day of December , 1915, personally appeared MORRIS F_ BROWN
Executive
to me known to be the V,me President of the UNITED PACIFIC INSURANCE COMPANY, and
acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Section 37A, Section 1
and 2 of the Bv.laws of said Company and the Resolution, set forth therein, are still in full force.
' My Commission Expires: .- �`"�y " • `r �.s/
January 15 19 78 1,4&1A*p!�
z i
' Notary Public in and for State of Washington
UlLIG,�e. • %
�ti�srssst�av` Residingat Taccona
' I• D. Keith Johnson Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the
at)ove and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which is still in full
force and effect.
' IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said Company thisq�% ,U_ dayof JJune 119
.
Secretary
' y 5EAL
9
WBOU-1431 ED. 6/74 Qr; ,cies,
0 0
AGENDA ITEM June 21, 1978
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Acceptance of Bid and Award of Contract -
Major Street Repairs
SITUATION
As a result of the City Council's approval of the plans and
specifications for the subject project, the following bids
were received on June 14, 1978.
1) Griffith Company $21,275
2) California Paving Co. 25,875
A unit breakdown of all the bids is available for inspection
in the office of the City Engineer. This office has reviewed
the technical qualifications of the low bidder, Griffith
Company, and found them acceptable to the City.
FINANCIAL CONSIDERATIONS
The funds for this project were budgeted in the 1977-78 City
budget. The Engineer's estimate for the project was $24,250.
ALTERNATE ACTIONS
1. Accept the low bid in the amount of $21,275 submitted by
the Griffith Company.
2. Reject all bids and direct staff to readvertise.
3. Refer to staff for further study.
RECOMMENDATION
By motion accept the low bid submitted by the Griffith Company
in the amount of $21,275 for the total contract bid, award the
contract, and authorize the Mayor to execute the agreement on
behalf of the City.
Respectfully submitted,
�
W. D. .�.t�.r.e`^►
Murp y
WDM:RFC/rem
Attach. FOR CITY COUNCIL AGENDA
.? .. d-,-
14, i
0 A LA-)r=bN r --%b A
M TOK V T Rr-,* IRS
B I D D H R
AMOU NT
Ge, I p 1 +K. C- N
-T 11ns. v2 a-1 I
$ u/Zpox
ct,
0 0
B I D P R O P O S A I,
For the:
CONSTRUCTION OF
MAJOR STREET
REPAIRS
To the Honorable City Council
City of San Juan Capistrano
Gentlemen:
From: GRIFFITH COMPANY
Contractor
The undersigned, as bidder, declares that he has carefully
examined the location of the proposed work as described, examined
the Plans and Specifications and General Conditions therefor,
read the Instructions to Bidders, and is familiar with all pro-
posal requirements, and hereby proposes and agrees, if the pro-
posal is accepted, to complete the said construction in accordance
with the Contract Documents, as defined in Section 1-2 of.the
Standard Specifications, in the time stated herein, for the unit
price or lump sum given on the following pages of this proposal,
amounting to a total of:
c'6 c
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, ap-
paratus, and other means of construction; also, the performance
and completion of all the work in the manner set forth, described
and shown in the Specifications or the drawings for the work.
If the contract is awarded the undersigned agrees to enter
into a contract with the City 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 45 days.
-4-
0
All bids are to be computed on the basis of the given
Estimated Quantities of Work, as indicated in this proposal,
times the unit prices as submitted by the bidders. In case of
discrepancy between words and figures, the words shall prevail..
In case of discrepancy between unit prices and the extension
thereof, the unit price shall prevail and bids will be computed
as indicated above and compared on the basis of corrected totals.
The estimated quantities of work indicated in this 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 corres-
pond therewith, but reserves the right to increase or decrease
toe amount of any item or portion of the work or to omit portions
of the work as.may be deemed expedient by the Engineer.
It is also understood by Bidder that the City of San Juan
Capistrano has the right to reject this proposal or to award a
contract to the undersigned at the prices stipulated. If the
proposal is rejected, then the enclosed check or bid bond shall
be returned to the undersigned within thirty (30) days. If the
proposal is accepted and the undersigned fails to enter into a
contract within fifteen (15) days after the agreement is delivered
to him for signature, or within such further time as may be granted
by the City Council, then said check shall be cashed or said bond
declared forfeit and an amount equal to the difference between
the lowest bid and the next lowest bidder who will execute a
contract shall be paid into the treasury of the City of San Juaii
Capistrano as liquidated damages for the failure of the under-
signed to comply with the terms of this proposal.
Accompanying this proposal is 10% Bidder's Bond (insert
"$ cash", cashier's check, certified check or
bidder's bond, as the case may be) in an amount equal to at least
ten percent (10°x) 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:
GRiFFITH COMPANY, -5
0
United Pacific Insurance Company, 443 Shatto Place, Los Angeles
Licensed in accordance with an act providing for the regisCratiun
90020
of contractors -- License No. 32168
Signature of Bidder:
GRIFFITH OMPANY,
James D. Waltze
sistant District Ma ager
(If an individual, so state. If a firm or co -partnership,
..ate the firm name and give the names of all individual co-
-.rtners composing the firm: President, secretary, treasurer
a.
ri manager thereof.)
J
D.
a. )ated: June 14, 1978
a.
P. O. Box B -T, Irvine, Ca 92716
Business Address
(714) 549-2291
Phone Number
Further, the undersigned bidder certifies that he has
thoroughly checked the figures set forth in this proposal, that
they are correct to the best of his knowledge and that they
constitute his proposal for the work called out herein.
- L
James D. Waltze June 14, 1978
Signature f Bidder Date
(714) 549-2291
Phone Number
-6-
SCHEDULE OF 'YORK ITEMS
ITEM
APPROX.
WORK ITEM WITH
UNITS
NO.
QUANTITY
(PRICE WRITTEN IN
WORDS)
1)
1,250 Tons
Furnish and Install
A.C. Cap for
5IKr-e ,«� �7i1/ �s TtiuH
%wy �e filer
Ton.
2)
5 ea.
Raise Manhole Cover
to Grade for
%GtJU /ri�uivprrE,i
per each.
€ N&FITH COMPANY,
-6a-
UNIT PRICIS TOT" L
(IN FIGURES) AMOUNT
av
TOTAL BID PRICE: 2/, Z%j '
0 0
NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SMITTED WITH BID
STATE OF CALIFORNIA )
County of ORANGE ) ss.
James D: Waltze , being first duly
sworn deposes and says that he is Assistant District Manager of
GRiFFITH COMPANY, the
party making the foregoing bid; that such bid is not made in the
interest of or on behalf of any undisclosed person, partnership,
company, association, organization, or corporation; that such bid
is genuine and not collusive or sham; that said bidder has not
directly or indirectly induced or solicited any other bidder to
put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or any-
one else to put in a sham bid, or that any one shall refrain from
bidding; that said bidder has not in any manner, directly or
indirectly, sought by agreement, communication or conference with
any one to fix the bid price of said bidder or of any other bid-
der, or to fix the bid price of or cost element of such bid price,
or of.that of any other bidder, or to secure any advantage
against the public body awarding the 'contract of any one inter-
ested in the proposed contract; that all statements contained in
such bid are true; and further, that said bidder has not directly
or indirectly, submitted his bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative
thereto, or paid and will not pay any fee in connection there-
with, to any corporation, partnership, company, association,
organization, bid depository, or to any member or agent thereof,
or to any other individual except to any person or persons as
have a partnership or other financial interest with said bidder
in this general business.
-7-
0
ON June 14 , lg 78
before me, the undersigned, a Notary Pub ](�c in
and for. said State, CRersonally�pgared \\
Assistant District
to be the person whose name is
subscribed to the within Instrument, and acknow-
ledged to me that _he executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State.
OFFICIAL SEAL
meati'`- GORDON "^,. WEIR f
f
4j Y NOTM1RY ^U"C - CALIFORNIA
P�.
FRIN!IPn4JCE�ICE IN
"^•' ORW;E BOUNTY
{7 My Commission FW111. September 4, 1978
CY1'1CIYYCY'YCY'9l'K�.YC\rr`!C
—8—
DESIG"UITIOP; OF SL-COlflW,CTORS •
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 lie has used the sub -bids of the fol-
lowing listed sub -contractors in making up his bid, and that the
sub -contractors listed will be used for the work for which they
bid, subject to the approval of the Engineer, and in accordance
with the applicable provisions of the Specifications. It is
understood and agreed that all those portions of the work called
for in the contract documents for which a sub -contractor is not
listed will be performed by the undersigned through his forces.
If no sub -contractors are listed, all bonds and insurance will
be written in the name of the general contractor only.
ITEM OF WORK
SUB -CONTRACTOR ADDRESS
PHONE NO.
GRIFFITH COMPANY
BIDDERS NANIE
A
RI7D;p SIGNATURE:
Assistant District Manager
•UNITED PAIVIC INSURANC3000MI=ANY
HOME OFFICE, TACOMA, WASHINGTON
BID BOND Bond No. U 95 33 78
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. DOCUMENT NO. A-310 (FEB. 1970 ED.)
KNOW ALL MEN BY THESE PRESENTS, that we GRIFFITH COMPANY
P. 0. Box B -T, Irvine, California 92716
as Principa I, hereinafter called the Principal, and the UNITED PACIFIC INSURANCE COMPANY of
Tacoma, Washington, a corporation duly organized under the laws of the State of Washington, as
Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF SAN JUAN CAPISTRANO
as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT (10%) OF THE TOTAL
AMOUNT BID IN -------------------------------- Dollars ($ ---------------------- ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for CONSTRUCTION OF MAJOR STREET REPAIRS
BIDS TO THE OWNER June 14, 1978
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for
the faithful performance of such Contract and for the prompt payment of labor and material fur-
nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract
and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid,
then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 12th day of June A.D. 19 78.
GRIFFITH COMPANY
(Principal) (SWI)
kf
I`. (Witness) B aures D. Wal
Title) Assistan District Mgr
UNITED PACIFIC INSURANCE COMPA
Francis G. Jarvis,id'r/, Attorney -Fact
BDU-2305 Ed. 10-73
State of California 1
1 ss:
County of Orange )
On June 12th , 19 78 , before me, the undersigned, a Notary Public in and for said County,
personally appeared Francis G. Jarvis, Jr. known to me to be the person whose name is
subscribed to the within instrument as Attorney -in -Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged
to me that _he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and In i s own name as
Attorney -in -Fact.
Ov
OFFICIAL SEAL
MARY A. JENNY
NJTARY PUBLIC CALIFORNIA
PRINCIN,L OFFICE IN
ORANGE COUNTY
MY COMMISSION EXil RES AUG. 12, 1981
My Commission exp e��
Lary blic in and for to Lountyj
BDU-1818 ED. 3172 (CALIF-)
PROOF OF PUBLICOOH This aPoe e} the County Cleric's Filing Stamp
(2015.b C.C.P.)
STATE OF CALIFORNIA,
County of Orange
City of San Clemente
1 am a citizen of the United States and s resident
of the County aforesaid: 1 am over the age of
eighteen yearn, and not a party to or intemted
im the above -entitled matter. I am the principal
c'erk of the printer of the Sass Clemente Sun -Post
a newspaper of general circulation printed and
published DAILY ..._�
in the City of San Clemente 1
I
County of Orange. and which newspaper has been t
adjudged a newspaper of genersi circulation by ;;
the Superior Court of the County of Orange, State .i
of California under the date of Nfarch 11. 1960,
Case Number A9140•
' a
that th"tice, of which the annexed is s printed A
copy (net in type not smaller than nonpareil), has .ta
beim published in each regular and entire issue of
said newspaper and not in any supplement thereof
an the following Was, to -wit:
May 24 and 31
all in the year 19.28
I certify (or declare) under pemsity of perjury
that the foresatmg is true and correct
Dated at San Clemente, California, this
31st y May. NIS
78
SAN CLE3IENTE PUBLISELNG CORP.
1542 North El Camino Beal - P.O. Box 367
San Clemente, Calif. 92672 - Phone 714-592-5121
the
kFCF'!4/Fr
Proof of Ppblirstim of
1.
to
awarded Ito
bkWer. The l
rain 0 de
M
NOTIC11 O':' TJth,v:_'1I':'1'AL -- LF,,... _ `'U)'L -1 A;'1(`_:S
.• •
TO: Daily Sun -Post
Helen Nielsen, Legal
FOR PUBLICATION ON: Wednesday, May 24, 1978 and
Wednesday, May 31, 1978
DOCUMENT(S) TO BE PUBLISHED: NOTICE INVITING BIDS -
Construction of Major Street
Repairs in the City of San Juan
Capistrano
PROOF OF PUBLICATION: Please send to:
Office of the City Clerk
City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AUTHORIZED BY: -
DATE: May 19, 1978
Date sent to paper
Date proofed
Date pttblislud
Date affidavit received
Cost
D
OT ICE I N V I T I N G. B I D S
_ /
Public notice is hereby given that th City of San Juan
Capistrano will up to 10:30 a.m, on the h day of June , 19780
receive sealed proposals or .bids for the Construction of Major
Street Repairs , in accordance with the approved plans and
specifications on file in the office of the City Clerk of -the
City of San Juan Capistrano, City Hall, 32400 Paseo Adelanto,
San Juan Capistrano, California. Bids will be received until
the time hereinbefore stated at the San Juan Capistrano City Hall,
32400 Paseo Adelanto,San Juan Capistrano, California.
Na bid will be received unless it is made on a proposal
provided within these specifications. Each proposal or bid must
by accompanied by a certified check, cash, cashier's check or
bidder's bond payable to the City of San Juan Capistrano in the
spm of not less than ten percent of the amount.
The bid check, cashier's check or bidder's bond of the
successful bidder will be forfeited to said City in the event
such.successful bidder fails to enter into the required contract
within 25 days after the written notice that said contract has
been awarded to him for the work.
A pre-bid conference is scheduled at 9:00 a.m. on the
12th day of June , 1978, at the City offices. The con-
tractor shall have the opportunity for clarification or interpre-
tation of any point or points of question within the plans and
contract documents or specifications. It is the contractor's
responsibility to be in attendance at this conference to receive
any information disclosed during the proceedings, for the City
shall not disseminate any records of the conference. Exclusive
of written addendums and this pre-bid conference, the City shall
not be responsible for any instructions, explanations, or inter-
pretation of the plans, specifications, and contract documents
presented to the bidders in any manner.
2"re successful bidder, simultaneously with the execution
cf the contract, will be required to furnish a Faithful per-
:ormance Bond equal in the amount of one hundred percent (100%)
of the contract price.
The City Council reserves the right to reject any and all
bids received and to compare the relative merits of the respective
bids and to choose that which in the opinion of said City will
best serve the interests or needs of said City.
A time limit of. 45 calendar days has been
tet for the completion of the work, from the date of execution
of the contract.
i: -
d
BIDDERS ARE HEREBY NOTIFIED THAT pursuant to the labor
Code of the State of California, the City of San Juan Capistrano
has ascertained and determined the general prevailing rate of
ger diem wages, and the general prevailing rate for legal holiday
and overtime work in the locality in which.said work is to be
performed for each craft classification or type of workman needed
to execute the contract for said work, which contract will be
awarded to 'the successful bidder. The general prevailing rates
co determined are as hereinafter provided. Wages for trades not
specifically listed, and wages to be paid for overtime and holiday
work shall not be less than the prevailing rate in Orange County.
Resolution 76-11-17-3 adopted by the City Council of the City of
San.Juan Capistrano sets forth in detail said prevailing rates
and other information.
Copies -of Plans and Specifications are on file in the
office of the City Clerk of .San Juan Capistrano, 32400 Paseo
Adelanto, San Juan Capistrano, California. Copies of the plans
and specifications for use in preparing bids may be obtained at
the office of the City Clerk, San Juan Capistrano, at the address
shown above. One set of plans and specifications is available
for each general contractor proposing to submit a bid for said
Work. A charge in the amount -of $10.00, nonrefundable, is
required for obtaining each set of plans and specifications..
Each bidder shall state the California Contractor's License
number of such bidder so bidding, as no bid will be accepted
from a Contractor who has not been licensed in accordance with
the provisions of the laws of the State of California relating
to the licensing of Contractors..
This Notice is hereby given and published by order of the
City Council of the City of San Juan Capistrano, and is dated
this 19th day of May
CITY CLERK
CITY OF,8AN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
-3-
Y 32400 PASEO ADELANTO +
SAN JUAN CAPISTRANO, CALIFORNIA 92679
.t { 'PHONE 493.1171
August 24, 1978
The Griffith Company
P.O. Box B -T
Irvine, California 92716
Re: Construction of Major Street Repairs
Gentlemen:
Enclosed is a copy of Resolution No. 78-8-16-10, which
was adopted by the City Council at their meeting of August 16, 1978.
The Resolution accepts the work completed on the major street
repairs in the total amount of $18,072.62.
f ollows :
The Council also authorized payment to your company as
1. The sum of $16,265.36, payable immediately;
2. The sum of $1,807.26, payable upon the expiration of
35 days from the filing of the Notice of Completion.
The Notice was recorded on August 21,1978, and,
consequently, the final payment of $1,807.26 may be
released on September 25, 1978.
mh
Enclosure
cc: Director
Finance
of Public Works
Department
Very truly yours,
(MRS) MARY ANN HANOVER
City Clerk
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Asir I_/ rli I� SANJUA N CAPISTRANO, CALI FORNIA 92675
V 'PHONE 493.1171
w:
August 18, 1978
Y.=ordex•'s Office
County of Orange
P.0, Bo:_ ^,s8
Sa-t..a Ana California 92762
aenti.,�,men:
Ra: NOTICE OF COMPLETION - MAJOR STREET REPAIRS (GRIFFITH)
T'he _following documents) is enclosed for recordation:
1. Notice of Completion for construction of major street repairs -
Griffith Company."
When -laced of record, please return said document(s) to this
office .
Enclosed also is a duplicate copy of this letter.
Please stamp Book and Page Numbers and date of recording on the
letter and return it to this office in the enclosed stamped,
,self-addressed envelope at your earliest convenience.
Thank you for your cooperation.
Very truly yours,
(Mrs,) nary Ann Hanover
City Clerk
M?.E?/cd DOCUMENT NWIBER 3 a-7`�
Enclosures BOOK NUMBER
PAGE NUMBER
DATE AUG 21 1978
Cr
CORROON & BLACK/MILLER & AMES
3600 Wilshire Blvd., Los Angeles, California 90010
(213) 386-2360
July 7, 1978
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Re: CP.=ITH CCIVIPANY
Gentlemen:
Enclosed are Certificates of Insurance in connection
with the above Insured, as follows:
Umbrella Liability Policy No. M 843858
If you have any questions, please give us a call.
Yours very truly
CORROON & BLA K/MILLER & AMES
Ol'q
/la
Encl.
cc: Griffith Company, Lorraine
4
Insurance Brokers
Surety Bonds
-SAYRE c4L r OSID Inc.
VERIFICATION OF INSURANCE
F —1
TO: CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, California 92675
L J
we, the undersigned, hereby verify that the following described insurance is in force at this date, of which
% is insured with Underwriters at Lloyd's, London
o is insured with Certain Insurance Companies, London, England
100_% is insured with Mission Insurance Coripany
Name of Assured: GRIFFITH COMPANY REVIEWED AND APPROVED:
POST OFFICE BOX B -•T
Address of Assured: IRVIM, CALIFORNIA 92716
Location of Risk: Re: Major Street Repairs IM—INISTRATI E SERVICES OFFI
San Juan Capistrano Dated:
Kind of Insurance:
Umbrella Liability
Policy or Certificate No: M 843858
Period: From: 7/1/78 To: 7/1/79
Limits of Liability: $1,000,000. CCr4BINED SINGLE LIMIT EXCESS OF PRIMARY LIMITS.
THIS POLICY WILL NOT BE CANCELLED OR MATERIALLY CHANCED WITHOUT
TEN (10) DAYS PRIOR WRIT'IRn1 NOTICE OF CANCELLATION TO THE CERTIFICATE
HOLDER.
'[itis docutnent is furnished to Vnu us a natter of inforuation onlv. The issuance of this document docs not mike the
Person ororpnization Utwhonu it is issued an additional assured, nor docs it modi(v in anv numner the contract of iustvance
between the Assured and the VndorwTitcrs. Any amendment, change or extension of such contract can only be effected by
specific endorsement attached thereto.
For puticulars concernio, the limitations, conditions and teens of the coverage you are referred to the Original Policy
or Policies in the poxscssion of the Assured.
'[fie undersipwd will hale no responsibility to give notice of cancellation of this io.,uramce except to the extent spe-
cifically prurided herein, nor are %%c Insurers, however Insurance has been placed by Sayre & Toso, Inc.
SAYRE & T050, INC.
Dated at LOS ANGELES, CALIFORNIA JULY 7, 19 78
By
SAT 524•D (rev, 10174. Replaces all editions of S&T 524)
0
0
C O N T R A C T O R S
LIC EN5E NO. 32168
P.O. BOX B -T, IRVINE, CALIF. 92716
7141 sag -2291 --
July 5, 1978
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Re: Major Street Repairs,
San Juan Capistrano
Gentlemen:
Enclosed is the signed contract, Labor and Material bond
and Performance bond for the above referenced project.
Insurance Certificates will be sent to you directly from
Liberty Mutual Insurance Company and an umbrella policy
from your agent Coroon & Black -Miller & Ames.
JDW:Id
Encls
Very truly yours,
GRIFFITH COMPANY\�
VV
James D. Waltze
Assistant District Manager
0
SAN JUA'. API, tHAhC,C. 1. !_!FCn. I.A OLGJb
June 22, 1978
Griffith Company
P. O. Box B -T
Irvine, California 92716
Re: Award of Bid - Major Street Repairs
Gentlemen:
At their meeting of June 21, 1978, the City Council awarded
the contract for Major Street Repairs to your company.
Enclosed are two contracts which have been signed by
Mayor Friess. Please complete both and return one fully executed
contract with all required bonds and insurance back to this office.
I am enclosing Pages Nos. 13 through 26 of the bid
document for your information. Please note the provision on
Page 14 for bonds required by the City and the insurance pro-
visions on Pages 24 and 25,
If I can be of any help to you, please do not hesitate
to call my office.
Very truly yours,
L
(MRS) MARY ANN HANOVER
City Clerk
MAH/cj
Enclosures
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CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY
STATE OF CALIFORNIA
CONTRACT DOCUMENTS AND
SPECIAL PROVISIONS FOR
MAJOR STREET REPAIRS
1978
CITY COUNCIL
KENNETH E. FRIESS, MAYOR
GARY L. HAUSDORFER PHILLIP R. SCHWARTZE
JAMES. F. THORPE LARRY BUCHIIF.IM
W. D. MURPHY
DIRECTOR OF PUBLIC WORKS - CITY ENGINEER
May, 1978
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CONTRACT DOCUMENTS
TABLE OF CONTENTS
(White)
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Page No.
Notice Inviting Bids . . . . . . . . . . . . . . . . . . . 1
Bid Proposal . . . . . . . . . . . . . . . . . . . . . . . 4
Non -Collusion Affidavit . . . . . . . . . . . . . . . . . 7
Designation of Sub -contractors . . . . . . . . . . . . . . 9
Instruction to Bidders . . . . . . . . . . . . . . . . . . 10
Contract . . . . . . . . . . . . . . . . . . . . . . . . . 16
BidBond . . . . . . . . . . . . . . . . . . . . . . . . . 19
Faithful Performance Bond . . . . . . . . . . . . . . . . 20
Labor and Material Bond . . . . . . . . . . . . . . . 21
Standard Specifications (Not enclosed)
Note: The Standard Specifications are the Standard
on
SPECIAL PROVISIONS (Yellow)
Work To Be Done . . . . . . . . . . . . . . .
Standard Specifications . . . . . . . . . . .
Terms Defined . . . . . . . . . . . . . . . .
Special Provisions of Items of Work and
Method of Payment . . . . . . . . . . . . .
23
. . . . 24
. . . . . 24
. . . . . 25
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MSTRUCTICN TO BIDDERS
Securing Documents
0
Plans, specifications and other contract documents will be
available for examination without charge and copies may be secured
in accordance with the "Notice Inviting Bids."
Examination of Plans, Specifications and Site of Work
The bidder is required to examine the site of work, the
proposal, the plans and the specifications very carefully. He
shall satisfy himself as to the character, quality and quantities
ofthe work to be performed, the materials to be furnished and
the requirements of the Contract Documents. The plans for the
work show conditions as they are believed to exist, but it is
not to be inferred that all the conditions as shown thereon are
actually existent, nor shall the City or any of its officers or
agents be liable for any loss sustained by the Contractor as a
result of any variance between conditions shown on the plans and
actual conditions revealed during examination or progress of the
work. The submission of a proposal shall be prima facie evidence
that the bidder has made such an examination.
Interpretation of Drawings and Documents
'If any bidder should -find discrepancies in, or omission
from, the drawings, specifications or other proposed contract
documents, or if he should be in doubt as to the true meaning of
any part thereof, he shall at once make a written request to the.
Engineer for correction, clarification or interpretation of the
point or points in question. Tile person submitting such a re-
quest shall be responsible for its prompt delivery.
In the event that the Engineer receives such a request and
it should he found that certain essential information is not
clearly and fully set forth, or if the Engineer discovers errors,
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omissions, or points requiring clarification in the drawings or
documents, a written addendum will be mailed to each person to
whom a set of contract documents has been delivered. The City
will not be responsible for any instructions, explanations or
interpretations of the documents presented to bidders in any
manner other than written addendum.
Addenda or Bulletins
The effect of all addenda to the contract documents shall
be considered in the bid and said addenda shall be made a part
of the contract documents and shall be returned with them. Be-
fore submitting his bid, each bidder shall inform himself as to
whether or not any such addenda have been issued, and failure to
cover in his bid any such addenda issued may render his bid invalid
and result in its rejection.
Disqualification of Bidders
No person, firm or corporation shall be allowed to make,
file or be interested in more than one bid for the same work
unless alternate bids are called for. A person, firm or cor-
poration who has submitted a sub -proposal to a bidder, or who has
quoted prices on materials to a bidder, is not hereby disqualified
from submitting a bid in his own behalf.
Proposals
Bids to receive consideration shall be in accordance with
the following instructions:
A. Bids shall be made only upon the forms provided within these
specifications; all bid items shall be properly filled out;
bid prices shall be stated both in words and in figures; and
the signatures of all. persons signing shall be in longhand.
Where there is a conflict in the words and the figures, the
words shall :;overn.
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' The bidder agrees that, in case of his refusal or failure to
execute said contract and give bonds within the time required
by these documents,
such check or bond, and.the money re-
tB.
shall remain the property of the City and,
All prices and notations must be In ink or typewritten. No
if the bidder shall
fail to execute said contract, said
erasures will be permitted. ;Mistakes may be crossed out and
'
the City the damages which the City may
corrections typed or written in ink adjacent thereto and must
'
such failure, not exceeding the sum of
be initialed in ink by the person or persons signing the bid.
ten (10) percent of
C.
Bids shall not contain any recapitulation of the work to be
and not accompanied
by such cashier's check, certified chech
done. Alternate proposals will not be considered except as
or approved bond shall
be rejected.
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
financial technical
experience, responsiblity, ability, equip-
ment and references properly and fully filled out.
E.
Each bidder shall list his proposed sub -contractors on the
'
form accompanying the proposal in accordance with the pro-
visions of the specifications.
bidder
F.
Each must accompany his bid with either a cashier's
check upon some responsible bank, or a properly certified
bank, bond
check upon such or an approved corporate surety
'
payable to the City for such a sum of not less than ten (10)
percent of the aggregate sum of the bid, which check or bond
'
and the monies represented thereby shall be held by the City
as a guarantee that the bidder, if awarded the contract, will
'
in good faith enter into such contract and furnish the required
bonds.
' The bidder agrees that, in case of his refusal or failure to
execute said contract and give bonds within the time required
by these documents,
such check or bond, and.the money re-
presented thereby,
shall remain the property of the City and,
'
if the bidder shall
fail to execute said contract, said
surety will pay to
the City the damages which the City may
'
suffer by reason of
such failure, not exceeding the sum of
ten (10) percent of
the amount of the bid. A bid received
and not accompanied
by such cashier's check, certified chech
or approved bond shall
be rejected.
'
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4) •
G. Bids shall be delivered to the City at the location stipulated,
on or before the day and hour set for the opening of bids, as
hereinbefore specified in the "Notice Inviting Bids." Bids
shall be enclosed in a sealed envelope bearing the title of
the work and the name of the bidder.
Licensing of Contractor
All persons, firms, partnerships or corporations shall be
licensed in accordance with the Business and Professions Code
of the State of California and the applicable ordinances of the
City and County before doing any work of any kind.
Withdrawl of Bids
Any bidder may withdraw his bid in person or by written
request at any time prior to the scheduled closing time for re-
ceipt of bids.
Opening of Bid Proposals
The City will., in open session, publicly open, examine, and
declare the bids at the time set forth in the "Notice Inviting
Bids." Bidders or their authorized representatives are invited
to be present.
Award of Contract or Rejection of Bids
No bidder may withdraw his bid for a period of forty-five
(45) days after the date set for the opening of bids. The con-
tract for the work will either be awarded or the bids rejected
within the forty-five (45) days from the date set for the opening
of bids.
Tile contract fo.• the work will be awarded to the lowest
responsible bidder complying with these instructions and with
the "Notice Inviting Bids." The City, however, reserves the
right to reject any or all bids and to waive any nonconformity
in the bids received.
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The bidder to whom the award is made shall execute a written
contract with the City and furnish the stipulated bonds and bid
' breakdown within ten (10) days after the notice of award of con-
tract. The contract shall be made in the form adopted by the
City. The release of the successful bidder's surety deposit, as
previously stipulated, shall be made upon the City's acceptance
tof the Labor and Materials Bond and the Faithful Performance
Bond.
If the bidder to whom the award is made fails to enter the
contract as herein provided, the award may be annulled and an
award may be made to the next lowest responsible bidder; and
such bidder shall fulfill every stipulation embraced herein, as
cor-if he were the party to whom the first award was made. A
poration to which an award is made shall furnish evidence of its
corporate existence and evidence that the officer signing the
contract and bonds for the corporation is duly authorized to
do so. Within ten days after the awarding of the contract, the
1 City will return the proposal guarantee accompanying each of the
proposals which are rejected.
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 (10070)
' of the total amount payable by the terms of the contract and a
Faithful Performance Bond in a sum not less than one hundred per-
cent (1000) of the amount of the contract. Said bonds shall be
secured from a surety company satisfactory to the City. Surety
companies, to be acceptable to the City, must be authorized to
do business in the State of California and be on the accredited
' list of the United States Treasury.
'
Time of Performance
The work shall be
commenced within fifteen
(15) calendar
'
days from the date of
execution of the contract
and shall be
diligently prosecuted
until completion. A time
limit of forty-five
• •
(45) calendar days from the (late of execution of the contract has
been set for completion of the work. The Bidder's attention is
'
directed to the specifications a. s to provisions for
' Assignment of Contract
No assignment by the Contractor of any contract to be
entered into hereunder or any part thereof, or of funds to be
received thereunder by the Contractor, will be recognized by the
' awarding authority unless such assignment has had prior approval
of the awarding authority and the surety has been given notice of
' such assignment in writing and has consented thereto in writing.
Workmen and Wages
' Attention is specifically directed to all provisions of
the Labor Code of the State of California with regard to workmen
and wages. Wages shall not be less than prevailing wage rates
determined by the City pursuant to said Code and as listed in the
"Notice Inviting Bids."
' Building Permits
It shall be the Contractor's responsibility to obtain all
' necessary permits, bonds and insurance, as required, for the
' completion of the project. No extra compensation shall be made
therefore.
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extension of
Itime
of
completion
and/or assessment
of liquidated
damages.
' Assignment of Contract
No assignment by the Contractor of any contract to be
entered into hereunder or any part thereof, or of funds to be
received thereunder by the Contractor, will be recognized by the
' awarding authority unless such assignment has had prior approval
of the awarding authority and the surety has been given notice of
' such assignment in writing and has consented thereto in writing.
Workmen and Wages
' Attention is specifically directed to all provisions of
the Labor Code of the State of California with regard to workmen
and wages. Wages shall not be less than prevailing wage rates
determined by the City pursuant to said Code and as listed in the
"Notice Inviting Bids."
' Building Permits
It shall be the Contractor's responsibility to obtain all
' necessary permits, bonds and insurance, as required, for the
' completion of the project. No extra compensation shall be made
therefore.
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• (SAMPLE)
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' BID BOND
KNOW ALL MEN BY MESE PRESENTS, that we, —
, as Principal, and existing under
the laws of the State of , and whose principal office
is located in the City of , as surety are jointly
and severally bound unto the CITY OF SAN JUAN CAPISTRANO of Orange County,
California, in the sum of DOLLARS
lawful money of the United States of America to be paid
to the said CITY OF SAN JUAN CAPISTRANO, for which payment well and truly
to be made, we bind ourselves, our heirs, successors, executors, adminis-
trators and assigns, jointly and severally, by these presents,
THE CONDITION OF TIIIS OBLIGATION is such that whereas the
'Principal has submitted the accompanying bid dated , 19_,
for the construction of for the
CITY OF, SAN JUAN CAPISTRANO, Orange County, California.
' NOW, TIEREFORE, if the Principal shall not withdraw said bid
within thirty (30) days after the opening of same, and shall within fifteen
(15) days after the agreement has been presented to him for execution
enter into a written contract with the City in accordance with the bid as
accepted, and if the Principal shall give the required bond with good and
sufficient sureties, or sureties for the faithful performance and proper
fulfillment of such contract and for the protection of laborers and materi-
almen, or in the event of the withdrawn 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.
' IN WITNESS WHEREOF the above -bounden parties have executed this
instrument under their several seals this day of
19 , the name and corporate seal of each corporate party being affixed
' hereto and these presents duly signed by its undersigned representative
pursuant to authority of its governing body.
' Two Witnesses (if individual)
PRINCIPAL
' By
ATTEST (if corporation) Title
Title
Corporate Seal SURETY
ATTES—P�- — By --- ---
Title Title
' Corporntc Scan -19-
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1 - SPECIAL PROVISIONS
INDEX
Section Title
1-1 Work To Be Done . . . . . . . . . . . . .
1-2 Standard Specifications . . . . . . . . .
1-3 Terms Defined . . . . . . . . . . . . . .
1-4 Special Provisions of Items of Work
and Method of Payment . . . . . . . . .
Standard Drawings . . . . . . . . . . . .
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Page
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24
25
25--27
28
' SPECIAL PROVISIONS
1 1. Work To Be Done
' The work to be done consists of the construction of
A.C. overlay (Rancho Viejo Road) and 18 -inch R.C.P. storm drain
(Trabuco Creek Road).
2. Standard Specifications
The contractor shall perform his work in accordance with
the Standard Specifications for Public Works Construction, 1976
Edition, hereinafter referred to as the Standard Specifications,
t City of San Juan Capistrano. The contractor shall maintain a copy
of this book on the job site at all times. The provisions of the
Standard Specifications shall be modified as indicated below:
' Change 1: "Section 2-4 - Contract Bonds"
The "Payment Bond" (Material and Labor Bond) shall be in
the amount of 100 percent of the contract price. The "Faithful
Performance Bond" shall be held as assurance of guaranteed per-
formance for a period of one year after acceptance of the
improvements by the City Council.
' Change 2: "Liability Insurance"
The amounts and provisions of insurance are modified to be:
' Bodily Injury $ 500,000 each person
$1,000,000 each accident
" $1,000,000 aggregate products
Property Damage $100,000 each accident
" 8500,000 aggregate operations
$500,000 aggregate protection
^ $500,000 aggregate products
" $500,000 aggregate contractual
The contractor shall likewise obtain public liability and
t property damage insurance to cover vehicles used or maintained
by him whether on or off the premises, with liability limits of
not less than $250,000 for any one person and $500,000 for any
' one accident, and property damage of $100,000. The insurance
amounts set forth herein are the minimum amounts required by the
City. Other agencies with which the contractor may be involved
• in the accomplishment of the work may require greater amounts.
The City will not recognize any claim for additional compensation
because of the requirement for greater amounts of insurance, as
an element to be considered by the contractor in determining his
bid.
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3.
4
Change
3:
"Section 8
--Facilities for Agency Personnel"
Delete
this
section.
Terms Defined
Whenever in the said Standard Specifications the following
terms are used, it is hereby provided that the following City
departments or persons shall be intended:
AGENCY shall mean City of San .Juan Capistrano
wherever appropriate.
BOARD shall mean the City Council of the City of
San Juan Capistrano.
ENGINEER shall mean City Engineer or other person(s)
designated by same.
Special Provisions of Items of Work and Method of Payment
A. Bid Items
Bid Item 1 - Install Asphaltic Concrete Cap
The workmanship and materials included in the work
prescribed for bid item 1 shall conform to sections 203 and 302
of the Standard Specifications. The work for this bid item shall
include the placing of a tack coat and variable thickness A.C.
cap as shown on the plans for this project.
Payment
The unit price bid per ton of A.C. shall include all
labor, materials, tools and equipment for installation of said
pavement as specified and no additional compensation shall be
made.
Bid Item 2 - Raise Manhole Cover to Grade
The workmanship and materials included in the work
prescribed for bid item 2 shall conform to sections 201, 206,
302 and 303 of the Standard Specifications. The work for this
bid item shall include the raising of existing manhole cover to
the new grade.
Payment
The unit price bid per each of raising manhole cover
to grade shall include all labor, materials, tools and equipment,
for the raising of said manholes and no additional compensation
shall be made.
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B. Insurance and Overhead Costs
The contractor shall receive
no direct compensation for
insurance and overhead (move -in costs
for example) costs. Accord-
ingly, these costs should be prorated
to the appropriate bid items.
C. Traffic Control
'
The contractor shall submit
a traffic control plan
after execution of the contract to be
approved by the City
'
Engineer. The contractor shall receive
no direct compensation
for traffic control costs.
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s 9
15547 Graham Street • P. O. Box 2027
�1 (� Huntington Beach, California 92647
(714)892-6668
State Lic. *150507
MAY 26, 1978
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CALIFORNIA
DEAR SIRS:
ENCLOSED YOU WILL FIND A CHECK FOR DEPOSIT IN THE AMOUNT OF $ 10.00, IN
EXCHANGE FOR ONE (1) BID PACKAGE.
PLEASE SEND THE BID PACKAGE:
CALIFORNIA PAVING
15547 GRAHAM
HUNTINGTON BEACH, CALIF
THANK YOU,
WAYNE WILEY
GENERAL MANAGER
WW; KR*
ENCLOSURE: (1)
92649