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1979-0608_GRIFFITH COMPANY_Contract25399 4 BK 13 19 1 Pr, 1997 RECORDED AT THE REQUEST OF EXEMPT RECORDING FEES EXEMPT DUE TO AND RETURN TO: I c9 GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Mary Ann over, City Clerk City ofMn 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: LOS RIOS AREA STREET IMPROVEMENTS 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 6th day of June 1979, by Resolution No. 79-6-6-6 That upon said contract the Pacific Insurance Company was surety for the bond given by the said company as required by law. Dated at San Juan Capistrano, California, this 8th day of June . 1979. Mary AnnYKnover, City Clerk of the City of 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 8th day of June , 1979. (SEAL) ;F_CORDFD IN OFFICIAL RECORDS CF C,+. r ,- I 0,01UN I' CALiF(;RNIA JUN 18'79 -A vi PM LFE A- BRANCH i:0:;iifv [,I: • • CITY COPY CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and GRIFFITH COMPANY hereinafter referred to as CONTRACTOR, I'T IS HEREBY AGREED BETWEEN THE 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 Non -Collusion Affi- davit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the City and the Contractor, plans, specifications and special, provisions, 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, TILE 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 LOS RIOS AREA STREET IMPROVEMENTS 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. TIIIRD?. PAYMENT, City ahrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices desip;nated in bid proposal at the time and in the manner sot forth in the Specifications. -16- 0 0 FOURTH. COMMENCEMENT AND COMPLETION OF TIIE 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 an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. SIXTII. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the pre- vailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a -17- 0 9 part hereof. CONTRACTOR 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. COAIPLIANCE 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 WIIEREOF, 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; December 7, 1978 APPROVED AS TO FORM; Z?�City Attorney -18- CITY OP SAN JUAN CAPiSTI NO KENNETH E. FRIES6. MAYOR MARY ANN HANOVER, CITY CLERK GRIFFITH COMPANY _ CON 79 'AC I I t B - - JA(dE D. WALTZE DISTRICT MANAGER e AGENDA ITEM June 6, 1979 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Final Report - Los Rios Area Street Improvements (Griffith Company) SITUATION The work for the Los Rios Area Street Improvements has been completed by the contractor, Griffith Company. The following is a breakdown on the final costs for the project: Total Construction Cost: $107,564.84 Less 10 Percent Retention: $ 10,756.48 Total Due: $ 96,808.36 Previous Payment: $ 28,293.60 BALANCE DUE: $ 67,914.76 The work has been accepted as complete by the City Engineer. FINANCIAL CONSIDERATIONS The final costs are within the budgeted amount for this capital project. ALTERNATE ACTIONS 1. Accept the project as complete. 2. Do not accept the project as complete. 3. Request further information from staff. RECOMMENDATION By Resolution, determine that the work, as accepted by the City Engineer, on the Los Rios Area Street Improvements has been completed; and direct that a Notice of Completion be filed with the Orange County Recorder within ten (10) days from the date of acceptance. The total amount of work performed under the contract is $107,564.84; the 10% retention is to be paid 35 days after recordation of Notice of Completion. Respectfully su fitted, W. W. D. ", Murph WDM:GA/tm FY COUNCIL AGENDA �J3 0 f RESOLUTION NO. 79-6-6-6 COMPLETION OF LOS RIOS AREA STREET IMPROVEMENTS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK ! TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF LOS RIOS AREA STREET IMPROVEMENTS WHEREAS, on the 19th day of December, 1976, the City of San Juan Capistrano entered into a contract with the Griffith Company for the construction of Los Rios Area Street Improvements; 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 $1077761f--84. SECTION 3. That the work is hereby accepted and approved. SECTION 4, It is further ordered that a "Notice of Completion" Be recorded, on behalf o 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 6th_ day of June 1 1979 , by the following vote, to wit: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None ATTEST: ICENNETH E. FRIESS, MAYOR ITY CLE STATE OF CALIFORNIA ) COUNTY OF ORANGE 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. 79-6-6-6 adopted by the City Council of the City of San Juan Caplstraio, CaCalifornia, at a regular meeting thereof held on the 6th day of June 1979. (SEAL) MARY AN JIANOVER, CITY CLERK -1- 1 AGENDA ITEM MARCH 7, 1979 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Request for Extension of Time - Los Rios Area Street Improvements (Griffith Company) SITUATION The City has contracted with Griffith Company for the Los Rios Area Street Improvements. The contract is scheduled to expire on March 19, 1979. Due to the rains during the months of January and February, it appears that the contractor will be unable to complete the project before this date. Staff is, therefore, requesting an extension of time in the amount of 45 days for the completion of the contract. FINANCIAL CONSIDERATIONS The City can require the contractor to pay liquidated damages of $100 per day for every day beyond the contract expiration date. ALTERNATIVE ACTIONS 1. Approve the request for extension of time for the Los Rios Area Street Improvements. 2. Do not approve the request for extension of time. 3. Request further information from staff. RECOMMENDATION By motion, approve the request for extension of time in the amount of 45 days for the Los Rios Area Street Improvements; thus, extending the contract to May 3, 1979. Respectfully submitted, L' W. D. Murph - Director of Pu lic Work WDM/RFC/jac FOR CITY GOUNJ ;IL AGENDA ... Change Order No. 1 Date March 7, 1978 Project No. Location Los Rios Area Street Improvements 1iYA- UKULK Beginning Contracleate December 19, 1978 � J Contract Amount $ n/a Previous Change Orders $ This Change Order Adjusted Contract $ 0 $ n/a Item Decrease In Increase In ilo. Description of Changes Contract Price Contract Price 1, Time Extension to.the Contract with Approved by: �• Griffith Company. Project delayed due W. D. Murphy, City Eng neer Amount Prior C.O.(s) 0 to the rain during the months of Nraunt This C.O. 45 January and February. 0 p Change In Contract Price Due to This Change GRIFFITH COMP ;Y Order $ 0 $ 9 _? 7/ Net Change In Contract Price $. 0 $ 0 TIME SCHEDULE: Approved by City Council, DATE: March 7, 197 Total Contract Days 90 Approved by: �• W. D. Murphy, City Eng neer Amount Prior C.O.(s) 0 Reconvended bY�,� Nraunt This C.O. 45 Adjusted Contract D,iys 135 GRIFFITH COMP ;Y Neva Date of Completion _ _ 5-3_79 Accepted y;! { r�.�. ` _? 7/ I a F CONTPIVI'T CEANH OREM Change Order No. �^ 2 Date April 23, 1979 Project No. SAY Location Los Rios Area Street Improvements Beginning Contractote RUVYLUct Amount �2r6i Vus Change Orders CITIi�•sFCCj�ange Order SAN � N1I CA13 XAC 43ste Contract December 19, 1978 $ 105,878.00 $ $ 978.00 $ 106,856.00 Item No. Description of Changes �. Decrease In Contract Price increase In Contract Price 1 REMOVE AND RELOCATE 2—INCH IRRIGATION LINE. $978.00 Change In Contract Price Due to This Change Order Net Change In Contract Price $ $ 978.00 $ 978.00 $i TIME SCHEDULE: ACCEPTANT 'A'I Fffl{ C;pA�ipAPIY, DATE: Total Contract Days 90 Accepted b�: GRIFFITH COMPAN r!`%c Amount Prior C.O.(s) 45 Recommended by: i�:% `— 1-0- -79 Mount 'This C.O. 0 i RICHARD F. CARNEIRO Adjusted Contract Days 135 New Date of Completion 5-3=79 iI Approved by: 7 la UNITED 1=14.4 kIF'IC INSURANC* COMPANY HOME OFFICE, TACOMA, WASHINGTON PERFORMANCE BOND CALIFORNIA -PUBLIC CONTRACT Bond No. U 06 46 24 Premium: $794.00 EXECUTED IN SINGLE COPY KNOW ALL MEN BY THESE PRESENTS: That GRIFFITH COMPANY. Post Office Box B -T, Irvine, California 92716 as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author- ized to execute bonds in the State of California, as Surety, are held and firmly bound unto City of San Juan Capistrano as Obligee, in the sum of ONE HUNDRED FIVE THOUSAND EIGHT HUNDRED SEVENTY EIGHT AND NO/100 -------------------------------------------------------------------------- DolIars ($ 105,878.00 ) for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a contract, dated , 19 , with the Obligee to do and perform the following work to -wit: LOS RIOS AREA STREET IMPROVEMENTS Now, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 15th day of December , 19 78 BDU-2801 CAL. - CONTRACT - PUBLIC - PERFORMANCE GRIFFITH COMPAN JAMES D. WALTZE -.... .... IS ! TRI(;7.KAHA14E4Seal) UP ITEJY PACK iVS / NSE CfA ANY B3 / /t�j/ j ...- RoPSert M. Minot Anomeyln•Face B-2035 0 Z 0 I (r Z z o z a F. o � 6 m p 2 pp z 3 ¢ W OC Z z QQ x 0 E, LL w U iC V a LL w LL 0 Z 0 State of California ss: County of Los Angeles On December 15 , 1978 , before me, the undersigned, a Notary Public in and for said County, personally appeared Robert M. Minot 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 INSURAf E -COMPANY, as Surety, and h is own name as �$�'��-1io�Geoee•omosoosos.os®ei OMCIAL Sr2,L • MARTHA J. CHASE • G >�..a id�j�. UOTAW PU3LIC-CALIrORNIA P,a:NC;PAL O:;IGE I:1 . 0 • LO5 ANGCLES COUNTY • MY Commission Expires April 3, 1981 ►l9ret�tR�ertexpras•••••••o�o.o.. 19 _ BDU-1818 ED. 3/72 (CALIF.) _Dpvb�e- SiJeJ UNITED PAPIFIC INgUR,ANCCOMPANY HOME OFFICE, TACOMA, WASHINGTON LABOR AND MATERIAL BOND CALIFORNIA —PUBLIC CONTRACT Bond No. U 06 46 24 EXECUTED IN SINGLE COPY "1G"s lili?ii:L? Z:3Yui1 {:r ili'.s Ea[,d i d leNd in fq shnw+l an the Per{Grmanae Bond." KNOW ALL MEN BY THESE PRESENTS, that GRIFFITH COMPANY, Post Office Box B -T, Irvine, California 92716 as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author- ized to execute bonds in the State of California, as Surety, are held and firmly bound unto City of San Juan Capistrano as Obligee, in the sum of ONE HUNDRED FIVE THOUSAND EIGHT HUNDRED SEVENTY EIGHT AND NO/100 ------------------------------------------------------------------------- Dollars ($105,878.00 for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. The Condition of the above obligation is such that, Whereas the Principal on the day of 19 , entered into a contract with the Obligee for LOS RIOS AREA STREET IMPROVEMENTS NOW, THEREFORE, if the above -bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, 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 this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons entitled to file claims under Section 3181 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed and sealed this 15th day of December 19 78 GR"' . F"" COM,AN. AJMES D. WALTZE �4. .. .. DISTRICT MAN. ..FR U E PACIFIC I S CO PANY By . R ert M. Minot Attorney -in -Fact BDU-2804 ED. 3n2 (CALIF.) 0 0 m m 'Y r J l_� t'/l }_ , i Z 0 State of California ss: Countyof _Los Angeles On December 15 19 78 , before me, the undersigned, a Notary Public in and for said County, personally appeared Robert M. Minot 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 his own name as °�BrbiK-�Yi��oee•casooceosoeeees ���5�q�gocooaeooayoaso 19 SDU-1818 ED. 3/72 (CALIF.) �D oOE I,- S; j e-� Or: ICIAL SEAL •en� MARTHA J. CHASE o f70TARY FU3l.IC-C-1L!'CGta:A PlYli f:.: 1'/.1- Or:-. i:F I:! LOS PVGCLCd Gi'v nrry O e MY CorMision Exp:res APM 3, 13bi ` ���5�q�gocooaeooayoaso 19 SDU-1818 ED. 3/72 (CALIF.) �D oOE I,- S; j e-� 0 • AGENDA ITEM - H-2 December 6, 1978 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract, Los Rios Area Street Improvements SITUATION Bids were opened at 11:00 a.m. December 6, 1978, for the Los Rios Area Street Improvements. A summary of those bids received is as follows: Engineer's Estimate $ 91,000 RECOMMENDATION Griffith Co. $105,876 Sully -Miller $107,263 Shea Company $117,135 Sukut Const. $117,744 By motion, accept the low bid of $105,876 from the Griffith Company for the Los Rios Area Street Improvements, and authorize the Mayor to execute the agreement on behalf of the City. Respectfully submitted, W. D. 1. MMurur WDM/rem FOR CITY COUNCIL AGENDA ADDITION TO AGENDA ITEM 12/6/78 ... ... Z 6 9 AGENDA ITEM December 6, 1978 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract - Los Rios Area Street Improvements SITUATION Due to time constraints, staff is requesting that City Council award a contract for the Los Rios Area Street Improvements. Bids for this project will be opened at 11:00 a.m. on December 6, 1978, and staff will bring a bid summary to the Council meeting for Council's review. FINANCIAL CONSIDERATIONS The monies for this project are HCDA funds. The City must have a signed contract by December 31, 1978, or the funds allocated to the City will be rescinded and redistributed among other cities. The amount of monies is allocated for the first three years of the program and this total is $76,000. The City is currently in the fourth year of the program which will increase the funds available by $50,000. The original cost estimate for the project was $91,000. ALTERNATE ACTIONS 1. Accept the low bid as shown on the bid summary. 2. Refer to staff for further study. 3. Accept a bid other than the low bid as shown on the bid summary. RECOMMENDATION By motion, accept the low bid as shown on the bid summary, award the contract, and authorize the Mayor to execute the agreement on behalf of the City. Respectfully submitted, L, •6 W W. D. M p y� WDM:RFC/rem FUK CI iY COUNCIL AGENDA .. ....... HY ,. beeev 6& 1�, 14 78 Los Rios kt2r--® .��- c:t- mnezvemofs G n. A�f'( Go I j,�� C�, • // 70 / 3- S�K �y y P R O P O S A L For the: CONSTRUCTION OF LOS RIOS AREA STREET IMPROVEMENTS From: GRIFFITH COMPANY Contractor To the honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans 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:.�/ 611te- F^ we !4('O-�� a � /o _G7 8 78 ords F gures 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 dilig=ently prosecute the work to completion before the expiration of '90 days. -4- 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 the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then 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 Juan 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`'„) 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: -5- GRIFFITH COMPANY 0 0 Licensed in accordance with an act providing for the registration of contractors --'License No. 32168 Signature of Bidder: CKIFFITH COMPANY JAMES D. WALTZE DISTRICT MANAGER (If an individual, so state. If a firm or co -partnership, the firm name and give the names of all individual co - composing the firm: President, secretary, treasurer manager thereof.) ,!d: December 6, 1978 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. JAMES D. WALTZE DISTRICT MANAGER Dec 6, 1978 Signature of Bidder Date (714) 549-2291 Phone Number -6- 0 SCHEDULE OF WORK ITEMS 11 TEM NO. APPROX. QUANTITY WORK ITEM WITH UNITS (PRICE WRITTEN IN WORDS) UNIT PRICES (IN FIGURES) TOTAL AMOUNT 1. 400 TONS Furnish and Install A.C. Paving for o dollars per ton. a5-70 8D. 00 2. 690 TONS Furnish and Install Aggregate Base io%jo-y for '�cx-- © 1ivi.1 dollars per ton.' /Q. 00 G 90a. od 3. 8,000 FT2 R�ezmovjge�� existing A.C. Paving for ,,�� X110 - ` 1( o- ,44i 4--.t �urP.r� �/ .�, c i .7, dollars per square foot. O. a7/l00• DO 4. 370 L.F. Furnish and Install/ 30" R.C.P. for E,./Q Rit�-� d �& d77 donax4s per lineal foot. 5. 925 L.F. Furnish and Install 1 ^ C.M.P. slotted drain for psa� dollars per lineal foot. 3o, oo a77 75O_60 6. 266 L.F. and Install Furnis}}��--" R.Cfor P. .j 00�4�7� .(S�rl.QeL[d- per lineal foot. 00 / 40e%O0 7. 2 EA. Furnish and Install nc � Structure or 1LscE J 44t.o2 ae dollars per each.. 950. 00 /940a. o0 8. 250 L.F. Furnish and Install 21Ix611 RedNV od Header for 7-4-o am-So dollars per lineal foot. a..547 0 0 9. 1075 L.F. Furnish and Install 211x8" Redwood Header for Taj Q.Ke( %Z11p-p dollars per lineal foot. j?- 74- o0 10. 285 L.F. Furnish and Ins all 211x121, Redwood Header for —Uie4 Ts a01zOp dollars per lineal foot. 3. a94 9/2. OU GRIFFITH COMPANY -6a- • SCIEDULE OF WORK ITEMS TEM APPROX. WORK ITEM WITH UNITS NO. QUANTITY (PRICE WRITTEN IN WORDS) 11. 300 CU.YDS. Earth Excavation for %.(M/ A�. 301/CD dollars per cubic yard. E 12. 50 L.F. Furnish and Install Railroad Ties for fe-e&y "�-t 3.0/dfl. dollars per lineal foot. 13. 60 L.F. Furnish and Install 181, C.M.P. for Af-,,- rte, t_ a4,Ld 80l / O"a dollars per lineal foot. 14, LUMP SUM Clear nd Grub -for as dollars lump m. ao 15. 1720 FT Furnish and Install P C, Gutter es for 4,.,-,e 741 —a dollars per square foot. . 16. 12 TONS Furnigji and Install Rogk Gravel for FveG q,H.( OD/ //)-fl dollar's Icer ton. TOTAL AMOUNT: i RiFFITH COMPANY, UNIT PRICES TOTAL (IN FIGURES) AMOUNT le, 3o 30 90• as 30 R15. oo IX00. od /O 8I 0D, 00 3. 79- 4456. ao SD. 00 !gee. 00 $_ SO ZZ 60 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) County of Los Angeles ) ss. Donald L. McGrew , being first duly sworn deposes and says that he is Vice President 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 i;'enoral business. -7- OFFICIAL SEAL GEORGE N. P1T MI19 es ^' NOTARY PUBLIC - SEAL LOS ANGELES COUNTY My comm. expires MAY 24, 1952 ON L%ecPrn 6 , 197,T , before me, the undersigned, a Notary Public in and for„said State, personally appeared QgNALD L MctiRF:py VICE-PRESIDENT to be the person whose name I S Subscribed to.the within Instrument, and acknow- ledged to me that he executed the same. WITNESS my hand and official seal. 'OH''IFFITH COMPANY, M, DESATION OF SUB-C09RACTORS Submit with Proposal In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the fol- lowing listed sub -contractors in making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the 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. 9a 7- Z �I86_ 2. 4. 5. 6. 7. 8. GRIFFITH -COMPANY, BIDDE'R'S NA;1IE AUTIrORIZED SIGNATURE -9- JAMES D. WALTZE DISTRICT MANAGER UNITED PA�IFIC INSURANCCOMPANY HOME OFFICE, TACOMA. WASHINGTON BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO. A-310 (FEB. 1970 ED.) Bond No- U 95 33 78 KNOW ALL MEN BY THESE PRESENTS, that we GRIFFITH COMPANY P. 0. Box B -T, Irvine, CA 92716 as Principal, 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, ourheirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CONSTRUCTION OF LOS RIOS AREA STREET IMPROVEMENTS Bids to owner: December 6, 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 4th day of DECEMBER A.D. 19 70' ' GRIFFITH COMPANY 4� Zz-C (Principal (seal � - .✓ / (Witness) JAMES 0. 'NALTZE (Title) I TRIr I GER UNITED PACIFIC I Francis G. Jarvis, BDU-2305 Ed. 10-73 IAA C MPANY Attorney- 7--f,06 State of California 1 1 ss: County of Orange 1 On December 4th , 1978 , 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 PACIF IC INSURANCE COMPANY, as Surety, and h 1 S own name as Attorney -in -Fact. r OFFICIAL SEAL E[ "^� LORN�� L. f.^uNENDEZ ��-. hJl Pair PU f.LIC JALI NDE a a= y, s., %' PRiiVCIt'i1L Cf FIQE IN -'',:° ORAN;E COUNT f My Commission Expires Sept, 17, 1982 My Commission BDU-1818 ED. 3/72 (CALIF.) MIN K PROOF OF PUBLATION (2015.6 C.C.P.) STATE OF CALIFORNIA, County of Orange City of San Clemente I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the San Clemente Sun -Post a newspaper of general circulation printed and published------.................................... .................................... in the City of San Clemente County of Orange, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11, le60, Case Number A9140; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:Ci2/.Gw / :Z all in the year 191.A) I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 1..7. y of ....1.!c�n✓... --...19.E y.. . �. .,•-- .. ....'=-moi .`- ... ......... Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 i Clemente, Calif. 92672 - Phone 714-492-5121 It? This space Wr the County Clerk's Filing Stamp Proof of Publication of N0T'ICEINVI'fH G=W Pure. is bereb� givenYMt��URSbtJnem CROWN" *111440 Ili 11 aa, dP A day the Jan Of a rsses�es mesad all •• ••`"` tlelt-- 6 tba-api" of gr or bid mmt be aecaropanled' inkrabornesdad(W1404, by.n grtilled cheer, cad',. (d*) A tbae >i M caspier's chew or biddeof r's } besa�le �psyablebi lehe �smnnad e percentor �� lot of the p9 'S, vy� `y bsshia''r The cai, w Abid ' .'^ *d of 00IK b dtr V111 9 N 0 T I C E I N V I T I N G B I D S Public notice is hereby given that the City of San Juan Capistrano will up to 11:00 a.m, on the 6th day of December , 1978, receive sealed proposals or bids for the Los Rios Area Street Improvements , 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 Ball, 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. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must ' be accompanied by a certified check, cash, cashier's check or bidder's bond payable'to the City of San Juan Capistrano in the sum of not less than ten percent of the 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 10:00 a.m, on the 29th day of November , 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. -1- The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Perfor- mance 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 90 (ninety) days has been set for the completion of the work, from the date.of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, _copies of the prevailing rate + of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City_Clerk and shall be made available to any interested party on request. Copies of Plans and Specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and speci- fications 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. -2- 0 This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 2nd day of November, 1978 CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- N N , AGENDA ITEM November 1, 1978 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Plans and Specifications and Authorization to Call For Bids - Los Rios Area Street Improvements SITUATION As part of the implementation strategy for expenditures of HCDA funds for 1-3 program years, a public improvement program has been developed. The Engineering staff has prepared specifications to contract for the construction of new street sections and drainage improvements for Mission and Ramos Streets. FINANCIAL CONSIDERATIONS The estimated cost of construction of the necessary street section and drainage facilities is approximately $91,000. This project will be funded by use of Housing and Community Development grant funds. ALTERNATE ACTIONS 1. Authorize staff to advertise for bids for the construction of Los Rios Area street improvements. 2. Do not authorize staff to advertise for bids for the construction of Los Rios Area street improvements. 3. Request further information from staff. RECOMMENDATION By motion, approve the plans and specifications for the construction of the Los Rios Area Street Improvements and authorize staff to advertise for bids. Respectfully submitted, LAJ W. D. Murphy WDM:RFC/rem FOR CITY COUNCIL AGENDA ... .. 32.400 PA5C0 AOELANTO SAN JUAN CAPISTRANO. CALIFOHN A 92675 J1HONF, 493.1171 June 20, 1979 Griffith Company P. O. Box B -T Irvine, California 92716 Re: Completion of Los Rios Imp:.ovements Gentlemen: Enclosed is a copy of Resolution No. 79-6-6-6, which was adopted by the City Council at their meeting of June 6, 1979. The Resolution accepts the work completed for the Los Rios Area Street Improvements in the total amount of $107,564.84. The Council also directed that payment be made to your company as follows: F,' -nal Payment of the 10% retention ($10,756.48) upon expiration of 35 days from the recording of the Notice of Completion The Notice was recorded June 18th and consequently, the final payment may be released on July 23, 1979. MAH/cj Enclosure CC: Director of Public Works Finance N kN Very truly yours, (MRS) MARY ANN HANOVER City Clerk r3' 'J• o W . W T V V ro f ro .� O C •q� n] •n +f M M "•l M M Tl •.] M (D rt rt n V 'ry •a •L C CI r C C r• t' C C C C r c' rn v3 1 i ,•Hii V ls) O G O a rS x S 5 5 S S 5 5 rt 2; bl a `% % zvn»7 c-7 yU otj e5 d cidxe3d '_ •• d H H C H r- H H H H H Vl H O y 0 0 m in m vOm ✓;n hmHmm t H [>• YrCi9 G rt / •`� '�1DN •r O hf H� S N N N^ N V W n •D S U. n m o O n n It n <nro >3 �, ro of no'ro M wm r.H Y. z p .\ r m mo 00 A to O G.h r: r Cl It It It, d n 5 [t H H M • o fJ rJ fJ N [n y y Z� rn M M S M �M M I Y M M M H Z O I 1' 0 0 0 0 o G n 41 H y n V r N O• Vr p� V. O. N v p •D O 1'' R tOb HIGH 13 10 N K O M 0 0 0 0 0 h-' N rt N rt Y• N N G N N N � ��� r• � w y C Iv n 0 Y• F' F' N N N .- N N N W O F tJ f7 Y• O 0 N t:dOn--- w G100 �d LO N N n o n 1C O rt and It caro 5 N n It N rS rt n r•Y "O N 0 O H. O O w C' 0 ' v� �_ sms.s ea ry n rnm ose rt C N n rt C O o 0 00 Ho O (_ N - d . N NN .o w -� N rt (Y N N O 0 V rn N �I O J m tD H T N P Ln O O W •O fJ It Ut � h W W O � rt - � V• O I SIO OIC I - J rn N .o .. W NI•- U 0 P O S r» f � 'T N ,J I:J 10 c� IO 1 O '• w J1 O I l -'J 'J O O J 11 RI M rr rr N tD n rn l V 0 0 rD (7 It ti CL R �iT Y Copy CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF LOS RIOS AREA STREET IMPROVEMENTS JAMES THORPE LARRY BUCHHEIM CITY COUNCIL KENNETH E. FRIESS, MAYOR PHILLIP R. SCHWARTZE GARY L. HAUSDORFER W. D. MURPHY DIRECTOR OF PUBLIC WORKS - CITY ENGINEER 1978 0 TABLE OF CONTENTS Title 4 CONTRACT DOCUMENTS Notice Inviting Bids . . . . . . . . . . . . . . . . . . . Bid Proposal . . . . . . . . . . . . . . . . . . . . . . . Non -Collusion Affidavit . . . . . . . . . . . . . . . . . . Designation of Sub -contractors . . . . . . . . . . . . . . Instruction to Bidders . . . . . . . . . . . . . . . . . Contract. . . . . . . . . . . . . . . . . . . . . . . . . Bid Bond . . . . . . . . . . . . . . . . . . . . . . . . . Faithful Performance Bond . . . . . . . . . . . . . . . . . Labor and Material Bond . . . . . . . . . . . . . . . . . . Standard Specifications (not enclosed) NOTE: The Standard Specifications are the Standard Specifications for Public Works Construction, 1976 Edition. SPECIAL PROVISIONS Index. . . . . . . . . . . . . . . . . . . . . . . . . . Work To Be Done . . . . . . . . . . . . . . . . . . . . . . Standard Specifications . . . . . . . . . . . . . . . . . . Terms Defined . . . . . . . . . . . . . . . . . . . . . Special Provisions of Items of Work and Method of Payment . Standard Drawings H/CD Contract Provisions Page 1 4 7 9 10 16 19 20 21 23 24 24 25 25 IPISTRUCTION 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. Snecifications and Site of 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 of the 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. The 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 be found that certain essential information is not clearly and fully sel Pori,h, or if the EIIE'Aneer discovers errors, -10- omissions, or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Be- fore.submitting his bid, each bidder shall inform himself as to 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 govern. -11- 0 0 B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. ,No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsiblity, technical ability, equip- ment and references properly and fully filled out. E. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the pro- visions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not less than ten (10) percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond, and the money re- presented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten (10) percent of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. -12- G. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids." Bids shall be enclosed in a sealed envelope bearing the title of the work 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. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids." The City, however, reserves the ril;ht to reject any or all bids and to waive any nonconformity in the bids received. -13- 9 0 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 tren (407 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 of 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 if he were the party to whom the first award was made. A cor- 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--da..y.:--a t_ i the—awardzng of `'the" don£ract, the City will return the proposal guarantee accomparYyirrgh-ef the prOyo Vis. ..h.�" c ---geed. FOUTOW 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 (1007.) 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 (100%) 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 dili;;ontly prosecuted until completion. A time limit of ninety -14- 0 0 (90) calendar days from the date of execution of the contract has been set for completion of the work. - The Bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages. Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. Workmen and 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. ` CD Contract Provisions Attached hereto and made a part of these specifications are H/CD Contract Provisions. These provisions should be read by the Contractor to acquaint him with the procedures needed to comply with requirements of the Housing and Community Development Program. -15- Section 0 0 1 - SPECIAL PROVISIONS INDEX Title Page 1-1 WORK TO BE DONE ............................ 24 1-2 STANDARD SPECIFICATIONS .................... 24 1-3 TERMS DEFINED .............................. 25 1-4 SPECIAL PROVISIONS OF ITEMS OF WORK AND METHOD OF PAYMENT .......................... '25 STANDARD DRAWINGS H/CD CONTRACT PROVISIONS -23- 1 2. 0 • SPECIAL PROVISIONS Work To Be Done The work to be done consists of installing street improvements and drainage facilities on Ramos Street and Mission Street. 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, 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 Perfor- mance Bond" shall be held as assurance of guaranteed performance 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 It " $1,000,,000 aggregate products Property Damage $500,000 each accident " " $500,000 aggregate operations " it $500,000 aggregate protection $500,000 aggregate products " $500,000 aggregate contractual The contractor shall likewise obtain public liability and property damage insurance to cover vehicles used or maintained by him whether on or off the premises, with liability limits of not less than $500,000 for any one person and $500,000 for anyone accident, and property damage of $500,000. 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- 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. ial Provisions of Items of Work and Method of Pavment A. Bid Items Bid Item 1 - Furnish and Install A.C. Pavi 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 instal- lation of asphaltic concrete paving and seal coat as shown on the improvement plans. Payment The unit price bid per ton shall include all labor, materials, tools and equipment for the placing of the A.C. pavement as specified, and no additional compensation shall be made. Bid Item 2 - Furnish and Install Aggregate Base The workmanship and materials included in the work prescribed for bid item 2 shall conform to sections 200, 300 and 301 of the Standard Specifications. The work for this bid item shall include the preparation of the earth and the installation of the aggregate base and prime coat as shown on the improvement plans. Payment The unit price bid per ton shall include all labor, materials, tools and equipment for the grading and preparation of the earth and placement of the aggregate base as specified, and no additional compensation shall be made. -25- Bid Item 3 - 1LC[nove Existing A.C. Paving* The workmanship and materials included in the work prescribed for bid item 3 shall conform to section 300 of the Standard Speci- fications. The work for this bid item shall include the removal and hauling away of all existing asphaltic concrete paving as shown on the improvement plans. The contractor must dispose of the existing A.C. Paving in a manner acceptable to the Engineer. Payment The unit price bid per square foot shall include all labor, materials, tools and equipment for the removal of existing asphaltic concrete paving as specified, and no additional compensation shall be made. Bid Items 4, 6 & 13 - Furnish and Install Reinforced Concrete Pipe The workmanship and materials included in the work prescribed for bid items 4, 6 and 13 shall conform to sections 207 and 306 of the Standard Specifications. The work for these bid items shall include all trenching required and backfilling of trench as shown on the improvement plans for the installation of the reinforced concrete pipe. Payment The unit price bid per lineal foot shall include all labor, materials, tools and equipment necessary for the installation of the R.C.P. as specified, and no additional compensation shall be made. Bid Item 5 - Furnish and Install 18" C.M.P. Slotted Drain The workman,>hip and materials included in the work prescribed for bid item 5 shall conform to sections 207 and 306 of the Standard Specifications. The work for this bid item shall include all trench- ing required and backfilling of trench as shown on the improvement plans for the installation of the corrugated metal pipe. The slotted drain shall also meet the specifications for Armco slotted drain. Payment The unit price bid per lineal foot shall include all labor, materials, tools and equipment necessary for the installation of the 18 -inch C.M.P. as specified, and no additional compensation shall be made. Bid Item 7 - Furnish and Install Junction Structure The workmanship and materials included in the work prescribed for bid item 7 shall conform to sections 201 and 303 of the Standard Specifications. The work for this bid item shall include the pre- paration of the earth and the installation of the junction structure as per standard drawing. -26- i Payment The unit price bid per each shall include all labor, materials, tools and equipment for the installation of the junction structures as specified, and no additional compensation shall be made. Bid Items 8, 9 & 10 - Furnish and Install Redwood Headers The workmanship and materials included in the work prescribed for bid items 8, 9 and 10 shall conform to sections 204 and 305 of the Standard Specifications. The work for these bid items shall include the placing of the redwood header in preparation of the asphaltic concrete. Payment The unit price bid per lineal foot shall include all labor, materials, tools and equipment for the installation of the redwood header as specified, and no additional compensation shall be made. Bid Item 11 - Earth Excavation The workmanship and materials included in the work prescribed for bid item 11 shall conform to section 300 of the Standard Specifications. The work for this bid item shall include the re- moval and filling of earth necessary to complete the work to the grades specified on the improvement plans. Payment The unit price bid per cubic yard shall include all labor, tools, materials and equipment necessary for the completion of all required earth work. Bid Item 12 - Furnish and Install Railroad Ties The workmanship and materials included in the work prescribed for bid item 12 shall conform to sections 204 and 305 of the Stan- dard Specifications. The work for this bid item shall include the installation of the treated railroad ties as shown on the improvement plans. Payment The unit price bid per lineal foot shall include the tools, labor, materials and equipment necessary for the installation of the railroad ties as specified, and no additional compensation shall be made. Bid Item 14 - Clear and Grub The workmanship and materials included in the work prescribed for bid item 14 shall conform to section 300 of the Standard Speci- fications. The work for this bid item shall include the clearing of all vegetable growth. -27- Payment 0 • The lump sum bid shall include all labor, materials, tools and equipment for the removal of all growth, and no additional compensation shall be made. Bid Item 15 - P:C.C. Gutter The workmanship and materials included in the work prescribed for bid item 15 shall conform to sections 201, 300 and 303 of the Standard Specifications. The work for this bid item shall include the forming, pouring and finishing of the concrete gutter as shown on the improvement plans. The concrete shall be five (5) sack concrete. Payment The unit price bid per cubic yard shall include all labor, materials, tools and equipment necessary for the installation of the P.C.C. gutter as specified, and no additional compensation shall be made. Bid Item 16 - Placement of Rock Gravel The workmanship and materials included in the work prescribed for bid item 16 shall eonform to section 200 of the Standard Speci- fications. The work for this bid item shall include the placement of rock gravel as shown on the improvement plans. The rock shall be a 2" rock with a nominal dimension not less than 1-3/411. Payment The unit price bid per ton shall include all labor, materials, tools and equipment necessary for the placement of the rock gravel as specified, and no additional compensation shall be made. B. Insurance and Overhead Costs The contractor shall receive no direct compensation for insurance and overhead (move -in costs for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. C. Protection of Existing Utilities The Engineer has endeavored to show all existing utilities. The contractor must, however, take all due precautionary measures to protect all of the existing utilities. D. Protection of Private Property The contractor must remain within the best of his ability. The contractor must property. IRM construction zone to the protect all existing private JJ/C!) COtTrW7 PROVISIONS 1 Rased upon the requirement of the rules and regulations of the Housing and Community 2 Development Program, Executive Order No. 11246 and Federal Management Circular 74-4 3 and 74-7, the following provisions must be included in all contracts paid for in 4 whole or in part from H/CD funds as indicated. 5 A. The following must be included in all contracts and subcontracts with 6 Consultants: 7 1. "The work to he performed under this contract is on a project 8 assisted under a program providing direct Federal financial 9 assistance from the Department of Housing and Urban Developrient 10 and is subject to the requirements of Section 3 of the Housing 11 and Urban Development Act of 1968, as amended 12 U.S.C. 1701u. 12 Section 3 requires that to the greatest extent feasible opnortuni.ties 13 for trainino and employment be given lower income residents 14 of the project area and contracts for worl-. in connection With the 15 project be awarded to business concerns which are located 16 in or owned in substantial part by persons residinr, in the tr 17 area of the project." 18 2. "The parties to this contract will comply with the provisions of 19 said Section 3 and the regulations issued pursuant thereto by 20 the Secretary of Housing and Urban Development set forth in 24 21 CFR 135, and all applicable rules and orders of the Department 22 issued thereunder prior to the execution of this contract. 23 The parties to this contract certify and agree that they are 24 under no contractual or other disability which would prevent 25 them from complying with these requirements." 26 3. "The contractor will send to each labor organization or repre- 27 sentative of workers with which he has a collective bargaining 23 Rvd 8-16-78 COUNTY/CITY Contract Page 1 of 18 1 agreement or other contract or understanding, if any, a notice 2 advising the said labor organization or workers' representative 3 of his commitments under this Section 3 clause and shall post 4 copies of the notice in conspicuous places available to 5 employees and applicants for employment or training." 6 4. "The contractor will include this Section 3 clause in every sub - 7 contract for work in connection with the project and will at 8 the direction of the applicant for or recipient of Feeeral 9 financial assistance, take appropriate action pursuant to the 10 subcontract upon a finding that the subcontract is in violation 11 of regulations issued by the Secretary of Housing and Urban Develop - 12 ment, 24 CFR 135. The contractor will not subcontract with 13 r any subcontractor where it has notice or knowledge that the 14� latter has been found in violation of regulations under 94 15. CFR 135 and will not let any subcontract unless the subcontractor 16 has first provided it with a preliminary statement of ability to 17 comply with the requirements of these regulations." 18 5. "Compliance with the provisions of Section 3, the regulations set 19 ' forth in 24 CFR 135, and all applicable rules and orders of the 20 Department issued thereunder prior to the execution of the contract, 21 shall he a condition of the Federal financial assistance provided 22 to the project, binding upon the applicant or recipient for such 5 23 assistance, its successors, and assigns. Failure to fulfil these 24 requirements shall subject the applicant or recipient, its con- 25i� tractors and subcontractors, its successors, and assigns to those 26 sanctions specified by the grant or loan agreement or contract 27 through which Federal assistance is provided, and to such sanctions 28 COUNTY/CITY Contract pnop 7 Af 1R as are specified by 24 CFR 135." (Source: 24 CPP 135.20) 1 2 6. "During the performance of this contract, the contractor agrees as 3 follows: 4 a. The contractor will not discriminate against any employee or 5 applicant for employment because of race, color, religion, 6 sex or national origin. The contractor will take affirmative 7 action to ensure that applicants are employed and that 8i I employees are treated during employment, without regard 9 to their race, color, religion, sex or national origin. 10 Such action shall include, but'not limited to the following: 11 Employment, upgrading, demotion or transfer, recruitrient 12 or recruitment advertising; layoff or termination; rates 13 of pay or other forms of compensation; and selection for 14 training, including apprenticeship. The contractor agrees 15I to post in conspicuous places, available to employees 16 . and applicants for employment, notices to he provided 17 by the contracting officer setting forth the provisions 18 of this nondiscrimination clause. i9 b. The contractor will, in all solicitations or advertisements 20 for employees placed by or on behalf of the contractor, 21 state that all qualified applicants will receive consideration 22 for employment without regard to race, color, religion, 23 sex or national origin. 24 c. The contractor will send to each labor union or representative 25 of workers with which he has a collective bargaining 26 agreement or other contract or understanding a notice 27 to be provided by the Department's contracting officer, 28 COUNTY/CITY Contract Page 3 of 18 1 2 3 4 5 6� 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports re- quired by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of the contractor's non-compliance with the non- discrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in who3e or in part and the contractor may be declared inel.igble for further Government contacts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor or as otherwise provided by law. COUNTY/CITY Contract II Page 4 of 18 �, i� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. The CONTRACTOR, will include all the provisions of para- graphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 1.1246 of September 24, 1965, so that such provisions will he binding upon cacti subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Depart - vent nay direct as a means of enforcing such provisions Including sanctions for noncompliance; Provided, however, that in the event the contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department; the contractor may request the United States to enter into such litigation to protect the interests of the United states." (Source: Executive Order 11246 Subpart R section 202) 7. Pion -Discrimination - - The CITY, in any activity directly or indirectly financed under i this contract, shall comply with: _ a. Title VI of the. Civil Rights Act of 1964 (Pub. L. 88-352), ani the regulations issued pursuant thereto (24 CFP. Part 1), which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any progran or activity for which the CONTRACTOR receives Federal financial assistance and will immediately take any measures necessary COUNTY/CITY Contract. Page 5 of 18 1 2 3 4 5 6 7 8 9 10 �I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to effectuate this assurance. If anv real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provisinn of similar services or benefits. b. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, administering all programs and activities relating to housing and community development in a manner to affirma- tively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services. c. Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR Part 570.601), which provides that no person in the united States shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds provided under the Part. d. Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance. (Source: 24 CFR Part 570.307 (1-4)) 8. "No member, officer, or employee of the city or county or its COUNTY/CITY Contract II Page 6 of 18 111 designees or agents, no member of the governing, body of the 2 locality in which the program is situated and no other public 3 official of such localities whn exercise any functions or responsi- 4 bilities with respect to the program during, his tenure or for 5 one year thereafter, shall have any interest direct or Indirect in 6 any contract or subcontract or the proceeds thereof, for work 7 to he performed in connection with the program assisted under $ this contract." (Source H/CD Funding Agreement. No. 11) 9 9. For all negotiated contracts the grantee, the Federal grantor 10 agency, the Controller General of the United States or any 11 of their duly authorized representatives, shall have access 12 to.anv books, documents, papers and records of the contractor 13 I which are directly pertinent to a specific grant program for 14I the purpose of malting audit, examination, excerpts and transcrip- 15 tions. (Source: Federal Management Circular 74-7 Appendix 0 (i)) 16 10. In the event that any of the provisions of this contract are 17 violated by the Contractor or by any of his subcontractors, 18 the CITY or COUNTY may serve written notice upon the Contractor 19 and the Surety if any of its intention to terminate the contract, 20 such notices to contain the reasons for such intention to 21 terminate the contract and unless within ten (10) days after the 22 serving of such notice upon Contractor, such violations or 23 delay shall cease and satisfactory arrangement or correction 24 be made, the contract shall, upon the expiration of said ten 25 (10) days, cease and terminate. In the event of any such termina- 26 tion, the CITY or COUNTY shall immediately serve notice there - 27 of upon the Surety and the Contractor and the Surety shall have 28 COUNTY/CITY Contract Page 7 of 18 1 2 3 4 5i 6 7, 81 9i 10 11! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,.the right to take over and perform the contract; Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the the mailing to such Surety of notice of termination, the CITY or COUNTY may take over the work and prosecute the same to completion by contract at the expense of the Contractor, and the Contractor and his Surety shall be liable to the CITY or COUNTY for any excess cost occasioned by the CITY or COUNTY thereby and in such event the CITY or COUNTY take Possession of and utilize in conpleting the work, such materials, appliances and plant as may be on the site of the wort: and necessary therefore. (Source: Orange County Housing and Community Development) R. The followinU must be included in all contracts or subcontracts for construction or construction -like projects (e.r. rehabilitation street repair): 1. All the provisions under Section."A" above. 2. The construction or rehabilitation of residential structure with assistance provided under this Contract is subject to the HUD Lead - Base Paint regulations, 24 CFR Part 35. Any grants or loans nade by the CITY for the rehabilitation of residential structures with assistance provided under this Contract shall he made subject to the provisions for the elimination of lead -base paint hazards under subpart B of said regulations and the CITY shall be responsible for the inspections and certifications required under Section 35.14(f) thereof. (Source: H/CD Funding Agreement No. 5) 3. Accessibility/Usability of Facilities and Buildings for Physically Handicapped The CITY, in any activity directly or indirectly financed under COUNTY/CITY Contract Page 8 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 t this contract shall require every building or facility (other than a privately owned residential structure) designed, con- structed or altered with funds provided under this Federal Block Crant Program to comply with the "American Standard Specifications for "taking Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," Number A -117.1-R 1971, subject to the exceptions container? in 41 CFR 101-19.604. The CITY will be responsible for conducting inspections to insure compliance with these specifications by any contrar_tor or subcontractor (Source: 24 CFR Part 570.307 (K)) 4. The CITY shall cause or require to be inserted in full in all nonexempt contracts or subcontracts for work furnished in whole or in part by the grant contracts, the following requirements (contracts, subcontracts and suhloans not exceeding 5100,000 are exempt from this party): a. A stipulation by the contractor or subcontractors that any facility to be utilized in the performance of any non-emempt contracts or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. h. Agreement by the contractor to comply with all the. requirements of section 114 of the Clean Air Act., as amended (42USC 1857c -B) and section 308 of the Federal Water Pollution Control Act, as amended, (33USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said section 114 and section 309, and COUNTY/CITY Contract Page 9 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 26 27 28 all regulations and guidelines issued thereunder. c. A stipulation that as a condition for the award of the contract prompt notice will. be giver, of any notification received from the Director of the EPA, Office of Federal Activities or any agent of that office, that a facility utilized or to he utilized for the contract is under consid- ation to be listed on the EPA list of Violating Facilities. d. Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraph (a.) through (d.) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Covernment may direct as a means enforcing such pro- visions. (Source: H/CD Funding Agreement No. 6) 5. In all contracts for construction in excess of $100,000, grantees shall observe at least the minimum bonding requirements as follows : a. A bid guarantee from each bidder equivalent to five percent of the bid price.. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying, a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such COUNTY/CITY Contract Page 10 of 18 1 I contract. 2 c. A payment bond on the part of the contractor for 100 percent 3 of the contract price. A "payment bond" is one executed 4 in connection with a contract to assure payment as required 5 by law of all persons supplying labor and material in the 6 execution of the work provided for in the contract. (.source: 7 Federal Management Circular 74-7 Appendex R) 8 6. "This contract is subject to the requirements of the Flood g Disaster Protection Act of 1973 (P. L. 93-234). No portion of 10 the assistance provided under this Contract is approved for 11 acquisition or construction purposes as defined under section 12 3(a) of said Act, for use in an area indentifi.ed by the 13 Secretary as having special flood hazards which is located in a 14 community not then in compliance with the requirements for partici- 15 pation in the national flood insurance program pursuant to Section 16 201(d) of said Act; and the use of any assistance provided 17 under this Contract for such acquisition or construction in 18 such identified areas in communities then participating in 19 the national flood insurance program shall he subject to the 20 mandatory purchase of flood insurance requirements of section 21 102(a) of said Act." (Source: H/Cn Funding Agreement t'o. 3) 22 7. "Except with respect to the rehabilitation of residential 23 property designed for residential use for less than eight families, 24 the CITY and all contractors engaged under contracts in excess 25 of $2,000 for the construction, prosecution, completion or 26 repair of any building or work financed in whole or in part 27 with assistance provided under this contract shall comply with 28 COUNTY/CITY Contract, Page 11 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15. 16 17 18 19 20 21 22 23 24 25 26 27 28 3 HUD requirements pertaining to such contracts and the applicable requiremepts of the regulations of the Department of Labor under 29 CFR Parts 3, (Copeland Act) 5a, (Davis -Bacon Act) governing the payment of wages and the ratio of apprentices and trainees to journeymen: Provided, that if wage rates higher than those required under such reg- ulations are imposed by state or local law, nothing hereunder is intend- ed to relieve the CITY of its obligation, if any, to require payment of the higher rates. The CITY shall cause or require to he inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 Federal Labor Standard Provision CFR 5.5 and, for such contracts in excess of $10,000 29'CFR 5a.3" (Source: II/CI) Funding Agreement No. 7) For all contracts over Ten Thousand Dollars and no/IU0 ($10,000.00), the Contractor shall comply with the goals and timetahles for female and minor- ity participation as prescribed in Part 41 CFR 60-4 as amended. a. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maxinum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain a working environment free of harass- ment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendent, COUNTY/CITY Contract Page 12 of 1R V • • 1 and other on-site supervisory personnel are aware of and 2 carry out the Contractor's obligation to maintain such a 3 working environment, with specific attention to minority 4 or female individuals working at such sites or in such 5 facilities. 6 (2) Establish and maintain a current list of minority and 7 female recruitment sources, provide written notification 8 to minority and female recruitment sources and to commu- 9 nity organizations when the contractor or its unions 10 have employment opportunities available, and maintain a 11 record of .the organizations' responses. 12 -(3) Maintain a current file of the names, addresses and tele - 13 phone numbers of each minority and female off -the -street 14 applicant and minority or female referral from a union, a 15 recruitment source or community organization and of what 16 action was taken with respect to each such individual. 17 If such individual was sent to the union hiring hall for 18 referral and was not referred back to the Contractor by 19 the union or, if referred, not employed by the Contractor, 20 this shall be documented in the file with the reason there - 21 for, along with whatever additional actions the Contractor 22 may have taken. 23 (4) Provide immediate written notification to the Director 24 when the union or unions with which the Contractor has a 25 collective bargaining agreement has not referred to the 26 Contractor a minority person or woman sent by the Contractor 27 or when the Contractor has other information that the Union 28 COUNTY/CITY Contract Page 13 of 18 1 referral process has impeded the Contractor's efforts to 2 meet its obligations. 3 (5) Develop on-the-job training opportunities and/or participate 4 in training programs for the area which expressly include 5 minorities and women, including upgrading programs and 6 apprenticeship and trainee programs relevant to the Con - 7 tractor's employment needs, especially those programs 8 funded or approved by the Department of Labor. The Con - 9 tractor shall provide notice of these programs to the 10 sources complied under 8(2) above. 11 (6) Disseminate the Contractor's FEO policy by providing notice 12 of the policy to unions and training programs and requesting; 13 their cooperation in assisting the Contractor in meeting its 14 EEO obligations; by including it in any policy manual and 15 collective bargaining agreement; by publicizing it in the 16 company newspaper, annual report, etc; by specific review 17 of the policy with all management personnel and with all 18 minority and female employees at least once a year; and 10 by posting the company EEO policy on bulletin boards 20 accessible to all employees at each location where con - 21 struction work is performed. 22 (7) Review at least annually, the company's EEO policy and 23 affirmative action obligations under these specifications 24 with all employees having any responsibility for hiring, 25 assignment, layoff, termination or other employment deci- 26 sions, including specific review of these items with onsite 27 supervisory personnel such as Superintendents, General Foro- 28 COUNTY/CITY Contract Page 14 of 18 1 men, etc., prior to the initiation of construction work. at 2 any job site. A written record shall be made and maintained 3 identifying the time and place of these meetings,.persons 4 attending, subject matter discussed, and disposition of the 5 subject matter. 6 (8) Disseminate the Contractor's EEO policy externally by in- 7 cluding it in any advertising in the news media, specifically 8 including minority and female news media, and providing 9 written notification to and discussing the Contractor's EEO 10 policy with other Contractors and Subcontractors with whom 11 the Contractor does or anticipates doing business. 12 (9) Direct its recruitment efforts, both oral and written, to 13 minority, female and community organizations, to schools 14 with minority and female students and to minority and female 15 recruitment and training organizations serving the Con- 16 tractor's recruitment area and employment needs. Not later 17 than one month prior to the date for the acceptance of 18 applications for apprenticeship or other training by any 19 recruitment source, the Contractor shall send written 20 notification to organizations such as the above, des- 21 cribinp, the openings, screening procedures, and tests to 22 be used in the selection process. 23 (10) Encourage present minority and female employees to recruit 24 other minority persons and women and where reasonable, pro- 25 vide after school summer and vacation employment to minority 26 and female youth both on the site and in other areas of a 27 Contractor's workforce. 28 COUNTY/CITY Contract Page 15 of 18 I� E 1 (11) Validate all tests and other selection requirements where 2 there.is an obligation to do so under 41 CFR Part 60.3. 3 (12) Conduct at least annually, an inventory and evaluation at 4 least of all minority and female personnel for promotional .5 opportunities and encourap,e these employees to seek or to 6 prepare for, through appropriate training, etc., such .7 opportunities. ;8 (13) Ensure that seniority practices, job classification, work '9 assignments and other personnel practices, do not have a 10 discriminatory effect by continually monitoring all per - 11 sonnel and enployment related activities to ensure that the 12 EEO policy and the Contractor's obligations under these 13 specifications are being carried out. 14 (14) Ensure that all facilities and company activities are non - 15 segregated except that separate or single -user toilet and 16 necessary clianging facilities shall he provided to assure 17 privacy between the sexes. - 18 (15) Document and maintain a record of all solicitations of 19 offers for subcontracts from minority and female construction 20 contractors and suppliers, including circulation of solici- 21 tations to minority and female contractor associations and 22 other business associations. 23 (16) Conduct a review, at least annually, of all supervisors' 24 adherence to and performance under the Contractor's EEC) 25 policies and affirmative action obligations. 26 b. Contractors and Subcontractors guide for reporting requirement. 27 (1) All Contractors and Subcontractors (over Ten Thousand 28 COUNTY/CITY Contract Page 16 of 18 I Dollars and no/100 ($10,000.00)) are subject to the 2 reporting requirements issued by the Department of Labor 3 (office of Federal Contract Compliance Programs), and 4 must submit a Standard Form 2.57 (Monthly Employment Util- 5 ization Report) to: 6 Director, Contract Compliance Division (FH&FO) U. S. Department of (lousing and Urban Development 7 Colden Cate Avenue I450 P. 0. Box 36003 8 San Francisco, California 94102 9 (2) Each Contractor nust file a monthly report (SF -257) for 10 each "covered area" in which he has a Federally -Assisted 11 Construction Contract or Subcontract over Ten Thousand 12 Dollars and no/100 ($10,000.00). 13 Each report for each covered area must reflect the Con - 14 tractor's entire workforce in the particular covered area. 15 (3) These reports must be submitted to arrive at HUD no later 16 than the 5th day of each month. 17 (4) Failure to report is automatic cause to find the Contractor 18 in non-compliance. 19 (5) Each report is monitored by PUD and measured against the goals 20 and tinetables for the particular covered areas, as specified 21 in the Notice of Requirements. 22 (6) The Female Participation goals apply nationwide. Therefore, 23 all contracts over Ten Thousand Dollars and no/100 ($10,000.00) 24 are subject to the reporting requirements. In additon, the 25 Department of Labor (OFCCP) has ruled that Contractors and 26 Subcontractors over Ten Thousand Dollars and no/100 ($10,000.00) 27 in otherwise non -covered areas are expected to submit complete 28 COUNTY/CITY Contract Page 17 of 18 I 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 minority manpower utilization figures together with the female utilization figures. (Source: Federal Register Vol. 43 No. 63 Chapter 60, April 7, 1978.) 9. Definitions Throughout these Special Provisions the meaning of words shall be that neaning given by the act, regulation, Executive Order, Federal Management Circular, agreement, or rule cited herein as the source for the section in which the words appear. (Source: Orange County Counsel) 10. Include the "Federal Labor Standards Provisions" (HUD -4010). I COUNTY/CITY Contract Page 18 of 18 HUD -4010 (2-76) U.S. DOTMENT OF HOUSING AND URBAN DEVELOP* COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FEDERAL LABOR STANDARDS PROVISIONS 1. APPLICABILITY The Project or Program to which the work covered by this Contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to .the provisions applicable to such Federal assist - 2. MINIMUM WAGE RATES FOR LABORERS AND I4ECHANICS A11.1aborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and. without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as axe permitted by the applicable regula- tions issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti -Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached and herein incorporated by reference), regardless of any contractual relationship which may be alleged to exist between the Contractor -or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the Local Public Agency or Public Body for the cashing of the same without cost or expense to the employee. For the, purpose of this clause, contributions made or costs reasonably anticipated under Section 1 (b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contribu- tions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. j. ' i1 AYI S` OF WAGES -OR :SALARIES In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body in addition to such other rights as may be afford- ed it under this Contract shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the Local Public Page i of 13 Pages TTIw.-�.+�rw�—m r.ti a—�rv�.h��-.� �.—�--'s...T`�-�'•�•-N'rv•^`�w..t.sn�..rt!��w.ywwwAFrRlMkl4l.'.e�IStK�^�^M�l'�'Y".�.. :.^T�'� Agency or Public Body may consider -necessary to pay such laborers or mechanics the full amount of wages required by this•Contract. The amount so withheld may be disbursed by the Local Public Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. 4. ANTICIPATED COSTS OP FMNGE BENEFITS If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract: Provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency or Public Body with the first payroll filed by the Contractor subsequent to receipt of 'the findings. n n n 1+ n. WORK 7 O'vr;ttl�� �OhlPr�vS.i�tIvii RE;�uiFce"7i BX �O.rTz�.CT Sr�i(.� HOTJP,S <.".;L SAIT'ETY STANDARDS ACT (76 Stat. 357-360: _Title 40 U.S.C., sections 327- 332) a . (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such work week, as the case may be. (b) Violation: liability for un aid wages liquidated d s. In the event of ar-,- violation of the clause set forth in paragraph a), the Contractor .ary bccntractcr responsib1= therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of $10 for each calendar day on which such employee was required or permitted to work Page 2 of 13 Pages HUD -4010 (2.76) in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (a). (c) Withholdin.T for liquidated damages. The Local Public Agency or Public Body shall withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liqui- dated_damages as provided in the clause set forth in paragraph (b). (d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 60 'RIPLO`a'IENT OP APPRENTICES` RA=S a. Apprentices will be permitted to work at less than the prede- termined rate for the work they performed when they are em- ployed and individually registered in a bona fide apprentice- ship program .registered with the U. S. Department of Labor, Manpower _Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not"individual.ly registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classi- fication shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to Page 3 of 13 Pages HUD -4010 (2-76) furnish to the contracting officer or a representative of the Wage -Hour Division of the U. S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination.- b. etermination. b. Trainees. Except as provided in 29 CFR 5.15 trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U. S. Department of Labor, rLanpower Administration, Bureau of Appren- tice and Training. The ratio of trainees to journeymen shall not be greater than permitted under -the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved pro- gram for his level of progress...Any employee listed on the payroll at a trainee -rate who is not registered and partici- pating in a training plan approved by the Bureau of Apprentice- ship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually perfo=ed. The contractor or subcontractor will be required to furnish the contracting officer or a repre- sentative of the Wage -Hour Division of the U. S. Department of Labor written evidence of the certification of his program, the registration of the trainees, and the ratios and wao`e rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a train- ing program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined' rate for the work.performed until an acceptable program is approved. C. Equal The utilization of apprentices, trainees andjourneymenunder this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFE Part 30. Page 4 of 13 Pages HUD -4010 (2-76) t. 7.. EMPLOYMENP OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 8. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT" The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the, so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat. 918: 62 Stat. 862; Tile U.S.C., Section 874: and Title 1y0 U.S.C., Section 276c), and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the require- ments thereof, 9. EMPLOYM FIV OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETElihIINATION DECISION Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or .reclassified conformably 'to the wage determination by the \` Local Public Agency or Public Body, and a.report of the action taken \ shall be submitted by the Local Public Agency or Public Body, through the Secretary of Lousing and Urban Development, to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot.agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the Local Public Agency or Public Body shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for final determination. 10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The Local Public Agency or Public Body shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a £ri ga benefit ::hich.is not expressed as an hourly wage rate and the -Contractor is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of 'Labor for determination. Page 5 of 13 Pages HUD -4010 (2.76) 11. POSTING WAGE DETMUNATION DECISIONS AND AUTHORIZED WAGE The applicable wage poster of the Secretary of -Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classification of laborers and mechanics, employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classi- fications, shall be posted at appropriate conspicuous points at the site of the work. 12. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards appli- cable under this Contract to his employer. . lj. CLAIMS -AND DISPLlES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to classifications of laborr_rs ani ,rachpnies employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or 11n6lic Body for referral by the latter through the Secretary of Housing and Urban Development'to the Secretary of Labor, United States Dapartnent of Labor, whose decision shall be final with respect thereto,. 14. QLE-STIONS CONCIR11DIG CERTAIN FEDERAL -STATUTES, AND REGULATIONS All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti -Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statute, shall be referred, through the Local Public Agency or Public Body and the Secreta7y of Housinz and -Urban Development, to the Secretary of Labor, _United Srates.Dzua=­=_enr. of Labor. for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the pux-poses of this Contract. 15. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTR&CTORS The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be Page 6 of 13 Pages HUD -4010 (2-76) furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Public Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcon- tractors, it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Eacli such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcon- tractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of 3 years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor or subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been corm'anicated in writing to the. laborers or mechanics affected, and records which show the costs anticipated or the actual- cost incurred in providing such benefits. The Contractor a.nd each subcontractor shall make his employment records with respect to persons employed by him upon -the work covered by this Contract available for inspection by authorized representatives of the Secretary of housing and Urban Development, the Local Public .Agency or Public Body, and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during working hours on'the job. 16. SPECIFIC COVERAGE OF CERTAII TYPES OF WORK BY EMOYEES The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of thds Contract, and without uniting the generality of the foregoing provisions of this Contract, be deemed to be work to which ..these Federal Labor Standards Provisions are applicable. 17. INELIGIBLE SUBCONTRACTORS The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted I without the Local Public Agency's or Public Body's prior written approval of the subcontractor. The Local Public Agency or Public Body will not approve any subcontractor for work covered by this Contract who is at the time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor or the Secretary of Housing and Urban Development, to receive an award of such subcontract. 18. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS . I The Contractor shall include or cause to be included in each t` I subcontract covering any of the work covered by this Contract, provi— sions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring such insertion in any further subcontracts that may in turn be made. 19. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body i reserves the right -to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds .for debarment as provi&d by the applicable regulations issued by the j Secretary of Labor, United States Department of Labor. . .. I I Page 8 of 13 Pages ' HUD -4010 (2.76) - ! I J HUD -4010.1 .. ...(2-76) ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR " TITLE 18, U.S.C., section 874 - - (Replaces section 1 of the Act of June 13, 1934 (48 Slat. 948,40 U.S.C., sec. 276b) pursuant to the Act of lune 25, 1948, 62 Stat. 862)- - KICKBACKS FROM PUBLIC WORKS EMPLOYEES Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatso. ever induces any person employed in the con%towtion, pmvcution, completion or rrpair of any public building, public work, or building or work financed in whole or in part by Ivens or grants from [lie United States, to g"ve up any part of the com. pensation to which he is entitled under his contract of employ mrnt, shall be fined not more than S5,000 or imprisoned not thorn than five years, or both. SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948,62 Stat. 862, - 63 Stat. 108,72 Stat. 967.40 U.S.C., sec. 276c) The Secretary of Labor shall make reale nable regulations for contractors and subcontractors engaged in the conAroctiun, prosecution, completion or repair of public hnildings, public works or buildings or works finurced in whole or in part by loans 'or" ants from the United State., i, ell dl ng a provision that each contraelor and snbeontratlnr shill buni,6 w,kiy a statmnent with rrspcct to the wages paid each employee during the preceding week. Section 1001 of lisle 18 (Cnitrd Stairs Cnrle) shall - apply to such statement;. ... XXX ... Pursuant to the aforevid Anti Ki: kbaek Act, the Secretary of Labor, United States Department of labor, has proinul• Bared the mutilations h,minafter set forth, which menhiti,m, are found in Title 'r), Subtitle A, Cud, of Federal Regulations, Part 3. The term "this Part," as used in the regulations hereinafter set forth, refers to Pad 3 la -t above mentioned. Said ere ulatirms are as follows: TITLE 29—LABOR -- " Subtitle A — Office of the Secretary of Labor PART 3—CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES - Section 3,1 Purpose and scope. _ This pad prescribes "anti -kickback" regulations under section 2 of the Act of lune 13, 1934, as amended (40 U.S.C.' 276c), popularly known as the Copeland Act. This Part applies to any contract which is.nbject to Federal wage standards and which is for the m..,noction, orosecunc., completion. or repair of pubbi, buildings, public works or bonding" or works financed in whole or in part by loans or grants from the United Slates. The part is intended to aid in the enforcrment of the minimum wage provisions of the D.6,l actin Act and the various statutes dealing with F,derallyassisled eonsin.ction that - contain similar minimum wage provisions, including those provisions which are rot subject to Rroruanixaliun Plan No, 14 Page 9 of 13 Pages (e.g., the College Housing Act of 1950, the Federal Water pollution Control Act, and the (lousing Act of 19.,19), and in the enforcement of the overtime provisions of the Contract Work ilours Standards Act whenever they am applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of.statements regard- ing the wages paid on work covered thereby; sets forth the circum mnces and procedures governing the making of payroll de. ductions from the wages of those employed on such work; and delineates the methods of payment perrnissibie on such work. Section 3.2 Definitions. - As used in the regulations in this part: (a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing, furnishing of materials, orservicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power. lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnish- ing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment during the course of the manufacture or banishing, or owns the materials from which they are manufactured or fumi.hed) is not a "building" or "work" within the meaning of the regulations in this part. (b) The. terms "construction, "'prosecution," "completion," or "repair" mean all types of work done on a particular building or work at the Bile thereof, in chiding, without limitation, at tering,remodeling, pain ling and circoratiug, the transport. ing of materials and supplies to or fro in the building or work by the employees of the construction contractor or construction subcontractor, and the rnanufacturingor Lmiishing of materials, articles, supplies, or equipment cot the site of the building or work, by persons employed at the sit+ by the contractor or subrontractor. (c) The terms"public. building" or "public work" indnde. building or work for wlwer construction, prosecution, eom- pfetion, or repair, as defined al.aye, a Federal agency is a contracting party, regardless of whether title thereof is in a Federal agency. . '(it) The term "building or work financed in whale or in part by loans or grants from the United States" includes build- ingor work for whose cnn4ruclioo; pro avul;on, completion, or repair, .,.+ defined above, payment or part payment is made directly or indirectly from funds pros idrd by bans or grants by a Federal agency. The term dors not include building or work for which Federal a-of>tanve is bmited wl.. ly to loan guarantees or insurance. (e) Every person paid by a um:raclor or subcontractor in any manner for his labor in the construction, proxculinn, completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants from the United Stales is "employed" and recessing "wages," regardless of any contractual relationship alleged to exist between him and the real employer. (f) The term "any affiliated person' includes a spouse, child, parent, or other elo.a relative of the contractor or sub- contractor; a partner or officer of the contractor or subcontractor: a corporation closely connected with the contractor or t ubeontrector as parent, subsidiary or otherwise, and an officer or agent of such corporation. e (g) The term "Federal agency" meats the United States, the District of Columbia, and all executive departments, in- dependent establishments, administrative agencies, and insteamentaGties of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the united States, by the District of Columbia, or any of the foregoing departments, establishment.,, agencies, and instrumentalities. - . Section X3.3 Weekly statement with respect to payment of wages." (a) As used intius section. -the term r`employec" shaii volatility to persons in ciassificatioos higher than that of laborer - or mechanic and those who are the immediate supervisors of such employees. „ Page 10 of 13 Pages HUD -4010.1 (2.76) ' 0 0 (h) Emit contractor or suheuntractur cegaged in ill,: construction. prosecution, completion, or repair of any pnLlic building, or public work, or building or cork financed in whole or in part b)loans or Remota iron, lite United Vale,, 4,..JI furu;A each week a ewernmd ti llh rOpl'el to if,, wYp:cs paid each of it., enipta, ics nemagcdl no n od covered h. 29 CPK ' Parts and:, during, the pn•rrd ,r uvc,kly payroll prdntl. Thi, slaLei enl >hall Inc vxented by the eontrtcwr or ..hrun. : tractor or by art autIto cited officer or employer of tl,r eontrartor or nhctnitractor who ,uper'i" lite pie 't rnl if wages, and shall hr on furor W h:ftn,'•Statcmoul of Compliance", or on an identical funs on lite hack ul \111 :117, "1'm fell (For Con. tractors Oplioaal Cwe)•'or on any fou, with identical trording,. Smuplc copirs of 1171317 and it'll 3 -pt may ho ohlainrd Gum the Clever, ... ent conlmctiny or spmnsori ng ain,ry, and copies of those forms may be purchaed at lite Gutcrmncnl Printing, Office. (c) The rielu'vrmnLLs of this section, shall not apply to any contract of 52,000 or less. (d) Upon a written finding by Lite hrad of a Federal agency, lite Secretary of I.vor may proeide wa• liable limitations. vadatious, tolerances, and exrmpliuus Gum the revp uiavnen(s o!lhe-section subject to such condition, a. lite Je'rem'y of (alwr may specify. _ 129 1R.1t. 93,)au. 3, 1961, a>attic mI'd at 33 F.R. 101116,)uly 17, 19601 Section 3.4 Submission of weekly sfalent Lin ts and Ilia preserva lion mod inspection of weekly payroll records, (a) Faeh weekly sL l,rmol re,iuirrd under § 3.3 sluff he dclitered by the eonlrarlor or sul,centraolor, within sewn days after thm e regular pay it Jale of tine payroll peruua l, to repn-sr,tatlet of a Federal ser Sole eg,en c) in ,Lame at the site of the building, nr work, or, if llo:ne is no reprccnlalive of a Fodrral or Slate agency at if., silo of the or wort:, lite nlaemenl slulf he malhd by Lha contractor or snhconlractor, t, ilhin suol, liar, to a Frdrral or Shin ap •ncy .rmlrarling fur or financing, Iln• building ser ,,,6 . After such r,., nioaGou and rhrrk a, may be made, tm:h slalrmrnt, ser a cup} thereof, -sloll 1w kept uvaikdile, or shall be Iran+u.it led mg,ellLrr it In a rel.orl of; u.y tiolnlion, in acr.vdaofe will, applicable Pn..... , presecibcd by the l:nilcd States Dop:vOnctil of Labor. (b) Pesch eontrar;or or a,bcuntractor shall pocwrva his weekly pat roll recorda for a period of dins: yeah Genn date of completion of the ronlr.,.1. 7lir pa) roll r,rord, shall set out accuratrle and oomph t, h• lire nano and AJ,,,,, of encl: Lthune and rnechauir. his ourtecl ela"dwatiun, rate of pay, laity and trerkle ... mber of hours worked, deduclions made, and actual wages paid. Such payroll records spell b.• trade available at all tines for inspection h) lite contracting, officer or 1%6 authorized representative, and I.)' authorized reprrsenlalit'v_ of lite Department of Labor. Section 3,5 Payroll deductions permissible without application to or approval of the Secretary of Libor. Deductions roaJe under the firm unistanecs or in the situatin,s described in lite parao apps of this section may be made withoul application to and approsal of the Secretary of Labor. (a) Any deduction tirade in ronpliance with lite requirement? of Federal. State, of local law, such as Federal or Stale withholding income taxes and Federal social security lanes. (h) Any dedurtion of suint prey ion,ly paid to doe employee as a Iona fide pw(,oy... cot of wage when such prtpannent is node without disyuunl or in lrresl. A' bola fill,- pmpn'menl of wages' is con,id,ml to hate Leen made unit' , In -n ca,h or itsequivalenl ha, Leen .4,anred to the person employed in such manner as to give him complete freedom of Jisp,o;iliun of the advanced funic,,. (c) An) deduction of amounts required by court process to he paid to auothrq unless Ihededuction is in favor of lire contractor, subcontrwtur of any affiliated prrx. n, or wlie. collusion or collahonlion cxisls. , Page 11 of 13 Pages .. HUD•4010.1 (2-76) (d) Any deduction constituting a contribution on behalf of the person employed to funds establi hed by the employer orrepresentatives of employees, or both, for the prupose of providing either from principal or income, or both, medical or hospital cam, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents: Provided, however, That the following standards are met: (1) The, deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement be- tween the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. (e) Any deduction contributing toward the purchase of United Stales Defense Stamps and Bonds when voluntarily authorized by the employee. (1) Any deduction requested by the employer to enable him to repay loans to or to purchase shares in credit unions - organized and operated in accordance with Federal and Slate credit union statutes. (g) Any deduction vnlmutarily authorized by the employee for the snaking of contributions to governmental or quasi. ' governmental aw ncies, such as the American Hid Cross. (h) Any deduction vuluutaily valvoized by the employee for the iming of contributions to Community Chests, United Civrn Funds, and similiar charitable organizations. (i) Any deductions to pay regular union initiation fees sol membership dues, not including fines or special assevments: Provided, koweeer, Thc at a ollective hargaioing agreement between the contractor or subcontractor aid representatives of its remployees provides for such deductions and the drdnctions are not otherwise prohibited by law, 1 - (j) Any deduction not conn• [lira fur the "reasonable cost" of board, lodging, or other facilities meeting the rialuire.- �� mentsof rection .".(m) of the Fair labia: tandard.Act of 1938, as mne,ulnl, and Port 531 of this title. Mhen such a deduction ie mode the additional records reef uin:J under § 516.27 (a) of this title shall he kept. Section 3.6 Payroll deductions fknnissible with the approval of the Seactary of Labor. Any contractor or subcoot.oror may apply to the Secretary of Labor for permission to make any deduction not per. ' mitted under § 3.i, The Secretary niay prant prrmisiun whenever he finds than (a) The contractor, subrontraclor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission, dividend, or otherwise; (b) The, deduction is not otherwise prohibited by law; - ' (e) The deduction is either ('t) voluntarily consented to by the employee in writing and in advance of the period in which the work is to he done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a Iona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; and (d) Thrdehn:tion carves thecunvmiracec and interest of the employee. Page 12 of 13 Pages HUD -4010.1 (2.76) Section 3.7 Applications for the approval of the Secretary of Libor. Any application for the making of payroll deductions under § 3.6 >hall eongdy with the requirenlculs prxrd.,d it, Ihr (ollowing parao :q,h> of this section: (a) The applicatiou shall be in writing ar.d shall he addressal to the Secretary of Labor. (b) The application shall identify the contract or contracts under which the work ill question is to be performed. Per - missioo will be given for deductionsooly on specific, identified contracts, exarpt upon a sbowiug of exceptional ciruunslannes, (e) The application shall slate affinnalively that them is compliance with the standards se) forth in the provisions of .. , § 3.6. The affirmation shall be accompanied by a full statement of Ilse facts indicating such corupliance. (d) The application shot[ include a description of the proposed deduction, the purpose to beservedthereby, and the elassesof laborers or nmcbanics from whose wages the proposed dcductiuu would he made. (e) Ilse application shall state the name and b s.iucss of any third person to whom am fund.; obtained cram Ilse pro- posed deductions are. to he transmitted and the affiliation of such person, if any, with ths• applicant. Section 3.8 Action by the Secretary of tabor upon applications. - The Secretary of I abor shall decide whether or not the requested deduction is permissible notice provisions of § 3.6; and shall notify the applicaut in writing of bis decision. .Section 3.9 Prohibited payroll deductions. Deductions not elsewhere provided for by this part and which are nut fouud to be pcnnissblr under § 3.6 are prohihio.d. Section 3.10 Methndsof payment of wages. ... The payment of wages shall he by ea>b, negotiable instruments payable oil demand. or the additional form; of c«n tpcus. . than for which dedueGol , arc permisaibk under this part. No other mrllwds of payment shall Le recmguinvl on work subject to the Cal,cland Act. - Section 3.11 Regulations part of contract. All contracts made with rrryseet to the construction, proserutiun, completion, or repair of any public buil(bo. or public work or building or work financed in whole or in part by luaus or grants frons the united Stairs covered by the rcguLuions in this part shall expres ly bind the contractor or subcuutractor to comply with such of Ilse regulatious in this 1.irl as may he alp plieable.. In this regard, see § 5.5 (a) of this subtitle. - - Page 13 of 13 Pages HUD4010.1 (1.76) 'x al. t09ERWERr PRUrIK 01rICr,1976-310-966/10 0 Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92702 Re: Notice of Completion - Los Rios Area Street Improvements Gentlemen: The following document(s) is enclosed for recordation: 1. Notice of Completion - Los Rios A: -ea Street Improvements (Griffith Company) When placed cf 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. ) Many ilnn Hanover City Clerk MAIL/cd DOCUAIEI4T NUMBER 5 -3 - Enclosures BOOK NM,1BER Zt- PAGE NUMBER_^�` JUN 18 1979 �1 "7 ` 924Q0PASLOADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 wRECEIVED J 17Y �7 AN 1a i 1 N A 4\a� `,PHONE 499.1171 ` i J Cj1Y OF SAN 1[,AN June -6, 1979 Ct.f'-:; rii.9'i. Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92702 Re: Notice of Completion - Los Rios Area Street Improvements Gentlemen: The following document(s) is enclosed for recordation: 1. Notice of Completion - Los Rios A: -ea Street Improvements (Griffith Company) When placed cf 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. ) Many ilnn Hanover City Clerk MAIL/cd DOCUAIEI4T NUMBER 5 -3 - Enclosures BOOK NM,1BER Zt- PAGE NUMBER_^�` JUN 18 1979 32400 PASEO AOELANTO 5 SAN JUAN CAPISTRANO, CALIFORNIA 92675 'PHONE 493.1 17f ,1 j March 13, 1979 Griffith Company P. O. Box B -T Irvine, California 92716 Re: Request for Extension of Time - Los Rios Area Street Improvements Gentlemen: At their meeting of March 7, 1979, the City Council approved Change Order No. 1, which grants a 45 -day time extension to May 3, 1979, for completion of the Los Rios Area street improvements. Thank you for your cooperation. Very truly yours, (MRS) MAR_ ANN HANOVER City Clerk MAH/cj cc: Director of Public Works C O N T R A C T O R S LICENSE NO. 32166 P.O. BOX B -T, IRVINE, CALIF. 92716 17141 s49-2291 December 20, 1978 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano Re: Los Rios Area Street Improvements Attention: Mary Ann Hanover City Clerk Gentlemen: Enclosed is the executed "City Copy" of the contract for the above referenced project, as well as the required bonds and Certificate of Insurance from Liberty Mutual Insurance Company. An umbrella policy will be mailed to you directly from out agent Corroon & Black -Miller & Ames. Very truly yours, GRIFFITH` COMPANY �^ VV James D. Waltze District Manager JDW:ld Encls CERTIFICATE OF INSURANCE This is to Certify that Griffith Co., etal 3650 Cherry Ave. P.O. Box 980 L Long Beach, CA 90801 J 9 LIBERTY IS MUTUAL LIBERTY MUTUAL AEU RANCE COMPANY - I I BE I MUTUAL I I A E INCUR AU( I C OMPIN 1. 605 TON Name and trEE address of Insured. is, at the date of this certificate, insured by the Company for the types of insurance and in accordance with the limits of liability, exclusions, conditions, and other terms of the policies hereinafter described. This certificate of insurance neither affirmatively or neg- atively amends, extends or alters the coverage afforded by the policies listed below. Project: Los Rios Area Street Improvements 6G Policy Additional Insured: City of San Juan Capistrano D NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW). BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES PRIOR To3D_DAYS AFTER NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN MAILED TO: FCity of San Juan Capistrano 32400 Paseo Adelanto �o San Juan Capistrano, Ca 92675 THORIZED REPRESENTATIVE 7-1 8 , Long Beach, CA L - DATED OFFICE This certificab is •ucuted by LIBERTY MUTUAL INSURANCE COMPANY as respects such Insurance as is afforded by That Company, it is executed by LIBERTY MUTUAL FIRE INSURANCE COMPANY as respects such insurance as is afforded by That Company. BS 230A Rl EXPIRATION TYPE OF POLICY DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W C LIMIT OF LIABILITY COV B LAW OF FOLLOWING STATE(S) WORKERS' COMPENSATION 7-1_79 1.4C2-162-018986-018 California $500,000 INDICATE LIMIT FOR EACH STATE BODILY INJURY PROPERTY DAMAGE ®COMPREHENSIVE 2 EACH $ OCCURRENCE EACH $ OCCURRENCE FORM ❑ SCHEDULE FORM (t 7-1-79 LG1-162-018986-028 $500,000 CombinedE Sin le Limit QN ® PRODUCTSLETED OPERATIONS $ GATE AGGREGATE ac Zi ❑ UU _ m ELU Q INDEPENDENT CON TRACTORS/CONTRAC TORS PROTECTIVE ©CONTRACTUAL LIABILITY El H 5 m OWNED ® NON OWNED 7-1-79 AEI -162-018986-038 $ $500,000 CombineY"flin le Limit Q Q EACH ACCIDENT EACH ACCIDENT HIRED $ OR OCCURRENCE $ OR OCCURRENCE K W S H O LOCATION(S) OF OPERATIONS 8 JOB # (if Applicable) DESCRIPTION OF OPERATIONS Job #4-973 Project: Los Rios Area Street Improvements 6G Policy Additional Insured: City of San Juan Capistrano D NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW). BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES PRIOR To3D_DAYS AFTER NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN MAILED TO: FCity of San Juan Capistrano 32400 Paseo Adelanto �o San Juan Capistrano, Ca 92675 THORIZED REPRESENTATIVE 7-1 8 , Long Beach, CA L - DATED OFFICE This certificab is •ucuted by LIBERTY MUTUAL INSURANCE COMPANY as respects such Insurance as is afforded by That Company, it is executed by LIBERTY MUTUAL FIRE INSURANCE COMPANY as respects such insurance as is afforded by That Company. BS 230A Rl A AN CERTIFICATE E OF INSURANCE This is to Certify that F_ Griffith Co., etal / 3650 Cherry Ave. , P.O. Box 980 L Long Beach, CA 90801 J L_A I"III no-)0)i"'o Name and address of Insured. is, at the date of this certificate, insured by the Company for the types of insurance and in accordance with the limits of liability, _ exclusions, conditions, and other terms of the policies hereinafter described. This certificate of insurance neither affirmatively or neg- atively amends, extends or alters the coverage afforded by the policies listed below. EXPIRATION MUTUAL TYPE OF POLICY DATE POLICY NUMBER LIMITS OF LIABILITY o t I FIFTY MUTUAL INSURANCE COMPANY A L I BE EYE RESTAPI FIRE INSURANCE COMPANY FIBOSTON Name and address of Insured. is, at the date of this certificate, insured by the Company for the types of insurance and in accordance with the limits of liability, _ exclusions, conditions, and other terms of the policies hereinafter described. This certificate of insurance neither affirmatively or neg- atively amends, extends or alters the coverage afforded by the policies listed below. Project: Los Rios Area Street Improvements L -G Policy Additional Insured: City of San Juan Capistrano NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW). BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL 4A. NO NCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES PRIOR TCO DAYS AFTER NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN MAILED TO: LCity of San Juan Capistrano 32400 Paseo Adelanto ` San Juan Capistrano, Ca 92675 HORIZED REPRESENTATIVE 7-1- Long Beach CA L DATED OFFICE This c. iMcpb I.,uc.Md by LIBERTY MUTUAL INSURANCE COMPANY ru osp,cb s.ch Ins.rancR R. b Rfford,d by Thal Compony, it is •.,<.Hd by LIBERTY MUTUAL FIRE INSURANCE COMPANY tE nsp,cI. s.ch ins. rano as is afford Rd by That Company. BS 23.A el EXPIRATION TYPE OF POLICY DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W C LIMIT OF IIABll lir-<OV B LAW OF FOLLOWING STATE(S)' WORKERS' COMPENSATION 7-1_79 1.4C2-162-018986-018 California $500,000 (INDICATE LIMIT FCSR STATE BODILY INJURY PROPERTY DAMAGE ®COMPREHENSIVE EACH � OCCURRENCE $ EACH $ OCCURRENCE FORM ❑SCHEDULE FORM 7-1-79 LG1-162-018986-028 - $500,000 Combined Sin le Limit Q PRODUCTS COM PLETED OPERATIONS $ AGGREGATE AGGREGATE J ]®� J LU W — wn Q Z;TORS INDEPENDENT CONC TRACTORSWRAG PROTECTIVTIVE ©CONTRACTUAL LIABILITY = ® OWNED $INCH P a 5 m ® NON OWNED 7-1-79 AEI -162-013986-038 RS y $500,000 Cam'lneW lin le Limit Q Q EACH ACCIDENT EACH ACCIDENT HIRED $ OR OCCURRENCE $ OR OCCURRENCE C W 2 H O LOCATION(S) OF OPERATIONS & JOB g (If ApPhcable) DESCRIPTION OF OPERATIONS'. Job #4-973 Project: Los Rios Area Street Improvements L -G Policy Additional Insured: City of San Juan Capistrano NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW). BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL 4A. NO NCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES PRIOR TCO DAYS AFTER NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN MAILED TO: LCity of San Juan Capistrano 32400 Paseo Adelanto ` San Juan Capistrano, Ca 92675 HORIZED REPRESENTATIVE 7-1- Long Beach CA L DATED OFFICE This c. iMcpb I.,uc.Md by LIBERTY MUTUAL INSURANCE COMPANY ru osp,cb s.ch Ins.rancR R. b Rfford,d by Thal Compony, it is •.,<.Hd by LIBERTY MUTUAL FIRE INSURANCE COMPANY tE nsp,cI. s.ch ins. rano as is afford Rd by That Company. BS 23.A el TO: • . SAYRE & r TO16, Inc. VERIFICATION OF INSURANCE CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELAM SAN JUAN CAPISTRANO, CALIFORNIA 92675 mffyrffl• J Sayre & Toso, Inc. 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 % is insured with Certain Insurance Companies, London, England 100 % is insured with MISSION INSURANCE COMPANY Name of Assured: Address of Assured: Location of Risk: Kind of Insurance: Policy or Certificate No: Period: Limits of Liability: GRIFFITH COMPANY POST OFFICE BOX 980, LANG BEACH, CALIFORNIA 90801 IAS RIOS AREA, STREET I MPROVII4EN'L'S , CITY OF SAN JOAN CAPISTRANO UMBRELLA LIABILITY M 843858 From: 7/1/78 To: 7/1/79 $1,000,000. COMBINED SINGLE LIMIT BODILYINJURY AND/OR PROPERTY DAMAGE LIABILITY. EXCESS OF PRIMARY LIMITS. THIS POLICY WILL NOT BE CANCELLED OR b9dTRIAL Y CHANGED WITHOUT TEN (10) DAYS PRIOR WRITTEN NOTICE OF CANCELLATION TOTHECERTIFICATE HOLDER. This document is furnished to you as a matter of information only. The issuance of this document does not make the person or organization to whom it is issued an additional assured, nor does it modify in any manner the contract of insurance between the Assured and the Underwriters. Any amendment, change or extension of such contract can only be effected by specific endorsement attached thereto. For particulars concerning the limitations, conditions and terms of the coverage you are referred to the original Policy or Policies in the possession of the Assured. The undersigned will have no responsibility to give notice of cancellation of this insurance except to the 'extent spe- cifically provided here in, nor are we Insurers, however Insurance has been placed by Sayre & Toso, Inc. Dated at TAIS ANGFT.F.S. CALIFORNIA DECEMBER 18 _ 19 Z8 S&T 524-D (rev. 10/74. Replaces all editions of S&T 524) //�f SAYYRE & TTOSO, INC. By a0 tt 6 ®rk CORROON & BLACK/MILLER & AMES 3600 Wilshire Blvd., Los Angeles, California 90010 (213) 386-2360 u w r CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 Re: GRIFFITH COMPANY 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. /jm Encl: cc: GRIFFITH COMPANY CORROON & B J. POWELL ILLER & AMES Insurance Brokers Surety Bonds CEVIFICATE • r OF INSURANCE This is to Certify that F_ Griffith Co., etal 3650 Cherry Ave. P.O. Box 980 L_ Long Beach, CA 90801 -7 J 0 LIBERTY MUTUAL, LIBERry MUTUM INSURANCE CPMPMET A LIBERTY MUTUAL FIRE INSURANCE CONSENT • BOstak Name and [-E address of Insured. is, at the date of this certificate, insured by the Company for the types of insurance and in accordance with the limits of liability, _ exclusions, conditions, and other terms of the policies hereinafter described. This certificate of insurance neither affirmatively or neg- atively amends, extends or alters the coverage afforded by the policies listed below. Project: Los Rios Area Street Improvements LG Policy Additional Insured: City of San Juan Capistran NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW). BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES PRIOR TO 30 DAYS AFTER NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN MAILED TO: F City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 12-15-78 L DATED o � �t AUTHORIZED REPRESENTATIVE OFFICE This certificate is executed by LIBERTY MUTUAL INSURANCE COMPANY as respects such insurance as is afforded by That Company, it is executed by LIBERTY MUTUAL FIRE INSURANCE COMPANY as respects such Insurance as is afforded by That Company. BS 234A R] EXPIRATION TYPE OF POLICY DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W.C. LIMIT OF LIABILITY"COV. B LAW OF FOLLOWING STATE(S)- WORKERS' COMPENSATION 7-1-79 WC2-162-018986-018 California $500,000 (INDICATE LIMIT FOR EACM STATE) BODILY INJURY PROPERTY DAMAGE ® COMPREHENSIVE FORM SCHEDULE FORM EACH $ OCCURRENCE EACH $ OCCURRENCE 7-1-79 LGi-162-018986-028 $500,000 Combined Sin le Limit Q H PRODUCTS COM. ® PLETED OPERATIONS $ AGGREGATE AGGREGATE C J ❑ W m W Q INDEPENDENT CON - ❑ TRACTORS/CONTRAC- TORS PROTECTIVE CONTRACTUAL LIABILITY El 5 m ® OWNED ® NON -OWNED 7-1-79 AEI -162-018986-038 $ CHP RS $500,000 Com�ine� §1n le Limit Q< EACH ACCIDENT EACH ACCIDENT HIRED $ OR OCCURRENCE $ OR OCCURRENCE 1' w 2 r O LOCATION(S) OF OPERATIONS 8 JOB # (It Applicable) DESCRIPTION OF OPERATIONS' Job #4-973 Project: Los Rios Area Street Improvements LG Policy Additional Insured: City of San Juan Capistran NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW). BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES PRIOR TO 30 DAYS AFTER NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN MAILED TO: F City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 12-15-78 L DATED o � �t AUTHORIZED REPRESENTATIVE OFFICE This certificate is executed by LIBERTY MUTUAL INSURANCE COMPANY as respects such insurance as is afforded by That Company, it is executed by LIBERTY MUTUAL FIRE INSURANCE COMPANY as respects such Insurance as is afforded by That Company. BS 234A R] CERTIFICATE' OF INSURANCE ?IBERTY MUTUAL This Is to Certify that yf LIBERTVMUTUAL INSURANCE COMPANILHIERTY MUTU4 EIRE MSURMCECMVNNY IR ADN F_ Griffith Co., etal Name and 3650 Cherry Ave. a address of P.O. Box 980 Insured. L Long Beach, CA 90801 J is, at the date of this certificate, insured by the Company for the types of insurance and in accordance with the limits of liability, exclusions, conditions, and other terms of the policies hereinafter described. This certificate of insurance neither affirmatively or neg- atively amends, extends or alters the coverage afforded by the policies listed below. Project: Los Rios Area Street Improvements LG Po11cy Additional Insuredt City of San Juan Capistrano NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW). BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES PRIOR TO 30 DAYS AFTER NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN MAILED TO: F City of San Juan Capistrano 32400 Paseo Adelantos San Juan Capistrano, CA 92675 AUTHORIZED REPRESENTATIVE 12-15-78 Long Beach CA L DATED OFFICE This certificate is eR.C.Ned by LIBERTY MUTUAL INSURANCE COMPANY as respects such insurance as is afforded by That Company, it is evecuted by LIBERTY MUTUAL FIRE INSURANCE COMPANY as respects such insurance as is afforded by That Company. BS 23AA Ry EXPIRATION TYPE OF POLICY DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W . LIMIT OF LIABILITY COV. B LAW OF FOLLOWING STATE(S): WORKERS' COMPENSATION 7-1_79 'JC2-162-018986-018 California $500,000 (INDICATE LIMIT FOR EACH STATH ®COMPREHENSIVE BODILY INJURY PROPERTY DAMAGE EACH $ OCCURRENCE EACH $ OCCURRENCE FORM ❑ SCHEDULE FORM 7-1-79 LG1-162-018986-028 $500,000 Combined Sin le Limit Q PRODUCTS COM- ® PLETED OPERATIONS $ AGGREGATE AGGREGATE LU - ❑ W Z Q Z INDEPENDENT VDENT CON - [:] TRACTORS/,ONTRAC TORS PROTECTIVE ©CONTRACTUAL LIABILITY _ 01 ® OWNED ® NON -OWNED 7-1-79 AEI -162-018986-038 $ $500,000 ComD1neV§In le Limit EACH ACCIDENT EACH ACCIDENT r HIRED $ OR OCCURRENCE $ OR OCCURRENCE C W r O LOCA TIONS) OF OPERATIONS a JOB ff (If Apphcab Is) DESCRIPTION OF OPERATIONS: Job #4-973 _ J Project: Los Rios Area Street Improvements LG Po11cy Additional Insuredt City of San Juan Capistrano NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW). BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES PRIOR TO 30 DAYS AFTER NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN MAILED TO: F City of San Juan Capistrano 32400 Paseo Adelantos San Juan Capistrano, CA 92675 AUTHORIZED REPRESENTATIVE 12-15-78 Long Beach CA L DATED OFFICE This certificate is eR.C.Ned by LIBERTY MUTUAL INSURANCE COMPANY as respects such insurance as is afforded by That Company, it is evecuted by LIBERTY MUTUAL FIRE INSURANCE COMPANY as respects such insurance as is afforded by That Company. BS 23AA Ry 32400 PASEO ADEIANTO SAN JUAN CAPISTRANO. CA:.IFORNIA 92675 PHONE 493.1171 i December 11, 1978 Griffith Company P. O. Box B -T Irvine, California 92716 Re: Award of Contract - Los Rios Area Street Improvements Gentlemen: At their meeting of December 7, 1978, the City Council awarded the contract for the Los Rios Area Street Improvements to ;your company. Enclosed are two contracts which have been signed by Mayor Friess. Please complete both and return the contract marked "City Copy" with all required bonds and insurance to this office. The contract documents are to be executed by your company within 10 -days of this notice. I am enclosing Pages Nos. 14, 15 and 24 of the bid document for your information. Please note the provisions on Page 14 for bonds required by the City and the insurance provisions on Page 24, which must be met before the contract is effective. If I can be of any help to you, please do not hesitate to call my office. Thank you for your cooperation. Verytrulyyours, G' � LSC-�c/,�� (MRS) MAR/ ANN HANOVER City Clerk MAH/cj Enclosures cc: Director of Public Works N51JI 1,),,i LOS =0� A M E A D D F 3 lE S %1131 PHONE -714) - ---------- -T Cs..d s ee _313=L 9a -7o3 Oti's -S 4 < 4)V& 70 Qcf Z�2v'N' 16 �y KYORO CONOL!/T CORPORAT/ON POST OFFICE BOX 939 • CORONA, CALIFORNIA 91720 • PHONE 714/735-2420 November 8, 1978 City of San Juan Capistrano Engineering Department 32400 Paseo Adelanto San Juan Capistrano, California Gentlemen: b-4 0 1113?t E Please forward plans and specifications for: We are returning 7 Los Rios Area Street Improvements Bid Time and Date: 11:00 A.M., December 6, 1978 Deposit of $ 10.00 R Payment Plans and specifications enclosed. enclosed Plans and specifications returned under separate cover. Please return our deposit of Yours truly, HYDRO CONDUIT CORPORATION L. Denton, ales Coofdinator JLD:pam Authorized Signature Enclosure cc: Accounting Dept. .U. - 3.LP` AND .FOUNDRY -COMPANY WESTERN REGION City of San Juan Capistrano 32400 Paseo Adelanto . San Juan Capistrano, CA 92675 PIPE DIVISION SUBJECT: LOS RIOS AREA STREET IMPVTS. BID DATE: December 6, 1978 at 11:00 AM Gentlemen: We would appreciate your mailing to the following a total of_ of Plans and Specificat.ons on the above subject job. U.S. Pipe and Foundry Company P.O. Box 429 14041 East Live Oak Avenue Baldwin Park, CA 91706 ATTN: F. H. King 10.00 U.S. Pipe and Foundry Company 6501 Clay Street Riverside, CA 92509 ATTN: J. D. Mac Isaac U.S. Pipe and Foundry Company P.O. Box 1072 Pleasanton, CA 94566 ATTN: D. A. Coleman Deposit Enclosed Check No. No Deposit Required Payment Check No. PHONE: 213/337-121 November 8, 1978' X V 1 sets We have enclosed a self-addressed stamped envelope and would appreciate your sending us a list of the Plan Holders for the above job, seven (7) days prior to the bid date. Your expedience in this matter will be greatly appreciated. Very truly ours, W. M. Sku avik = Customer Service Departmen 11�,317g 0 0 v D { N N Dm D��� z"'mn >-1PNW mmD< z�O0 D wz: mw�Z N + 0 J 0 m Y 0 n q O r m W D { O N O n O o c — z z � O n � N n N rn s � 3 c m c C N - 2 N V\ C .% t uE e, ARMCO INC. METAL PRODUCTS DIVISION ARIM CR 4Vf City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 REQUEST FOR PLANS AND SPECIFICATIONS: ADDRESS REPLY TO 21308 PATHFINDER ROAD. SUITE 209 DIAMOND BAR, CA 91765 PHONE. 714 - 594 1751 November 14, 1978 PROJECT: Street Improvements Los Rios Area BID DATE: December 6, 1978 - 11:00 A.M. Please mail plans and specifications on above project to the following: I T. E. House \ Armco Inc. 21308 Pathfinder Road, Suite 209 Diamond Bar, Calif. 91765 ENCLOSURE: Draft # F 47965 Amount $10.00�q l� Purchase XX J Refundable Deposit No Deposit Required Very truly your , SALESCIN ER ��/� Y I 0 O z z TAr K � z town 'TS ti 4 -rt O c, o z ~ p m w m cn n O z z .4 'TS ,fl w A m "t F O7 p O Ln e V 00 N zlo's Ste_ -/ T � � 'd -q.?, 63 S'-ifoo S Y?- ay7� L Vo S -E 1 77 (v6 -S c -n i s� Com, °- j. 71 --/ - _I- �- -7,�43 z / �e