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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 �L" 1--(J N\ I >. T T • M17 N •o N N N > > O O n u $, s+ N N n n n n n. U •y �G hu r o II � IU 1^ IU T1 m M O O ~ Il (1 rl N N +) U G s, a n, L (J q q o 7 O Q• L n U — — � +J I I U u 31+ u, r u cn m In :I U' H CJ •r{ � •. i C rl �I IJ 1 O t m 6 N E1 `U m ty ty0 +J N O U lJ n m G aJ SJ H S O U N U m > N U N N a, a cn H 0 n is N U r: N JJ I -I �L" 1--(J N\ I >. T T • M17 N •o N N N > > O O n u $, s+ N N n n n n n. U •y �G y 32400 PASEO AOELANTO ; 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 cc: Director of Public Works ■ 2 .< \§ m §- , ® % 2 S \ .� � o . � ( \ & § \ w § § / § q — . ) ~ ® I —lo73o Af 611AI m f4 jz> . re- ve- T- PA I W S ANA E A Q DRES" 'Sz, PHONE COPIER 7A, 0 G 1 1 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 0 L CONTRACT DOCUMENTS TABLE OF CONTENTS (White) 0 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 0 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, -10- 0 0 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. -11- ' 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. ' -12- 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. -13- 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. I f -15- I 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. I f -15- I • (SAMPLE) 1 ' 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- 0 0 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 . . . . . . . . . . . . -23- Page 24 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. ' -24- r� 1 1 1 1 1 1 1 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. -25- 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. 1 1 1 1 ' -26- 1 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