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1984-1107_GRIFFITH COMPANY_Contract.I EXC5PT 414-466397 RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto Mary Annnover, City Clerk San Juan Capistrano, CA 92675 City of Span Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Griffith Company, 2020 Yale Street, Santa Ana, California, 92704, for the performance of the following work: 1091 A P4 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 November 1984, by Resolution No. 84-11-6-1 That upon said contract the Union Pacific Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 7th day of November , 1984 . Mary Annanover, 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 7th day of November . 1984• RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA .4 uu PM NOV 13'84 RECORDER Mary Ann Hover, City Clerk of the City of San Juan Capistrano "City" 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. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion 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. THE 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 Vereda Bike Trail in strict confor- mity with the Plans, Specifications and all other contract docu- ments, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. -16- FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be im- practicable and extremely difficult to fix the actual amount of damages, and loss sustained by City, should CONTRACTOR fail to 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. PERFOP24ANCE 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 incidential to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. SIXTH. GENERAL PREVAILING RATE OF PER DIEM [GAGES. 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- 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. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same ex- tent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipula- tion that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calen- dar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. INWITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. DATED: June 5, 1984 BY APPROVED AS TO FORM: 5 eJ1 �y CITY ATTORNEY JAMES S. OKAZAKI DATED: CITY OF SAN JUAN CAPIST GARY L. IYAUSDORFER CONTRACTOR GRIFFITH COMPANY B Dennis H. Teague, Assistant Dis 'ct Manager a 5. NOTICE OF COMPLETION - VEREDA BIKEWAY (C62) (62) As set forth in the report dated November 6, 1984, from the Director of Public Works, the Vereda Bikeway from Avenida Padre to Paseo Tirador has been completed. Acceptance of Work: The following Resolution was adopted: 84-11-6-1, COMPLETION OF VEREDA BIKEWAY 0 PASEO TIRADOR. PHASES I AND II (GRIFFITH) - 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 VEREDA BIKEWAY, AVENIDA PADRE TO PASEO TIRADOR, PHASES I AND II (GRIFFITH) The Resolution accepted the project as complete in the amount of $123,748.64, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Payment status was as follows: Total Construction Less 108 Retention Previous Payment Balance Due Costs $123,748.64 12,374.86 73,698.66 37,675.12 Staff was authorized to make payment as indicated and to release the 10% retention 35 days after recordation of the Notice of Completion. 9 0 AGENDA ITEM November 6, 1984 TO: Stephen B.Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Final Report - Vereda Bikeway, Avenida Padre to Paseo Tirador RTTTTATTnN The Griffith Construction Company has completed the Vereda Bikeway from Avenida Padre to Paseo Tirador. Completed work has been inspected and approved by the City Public Works Inspector and is ready for acceptance by the City Council and recordation of a Notice of Completion with the County Recorder. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable FINANCIAL CONSIDERATIONS The original contract price was $119,700.00. Contract Change Order #1 was for changes requested by the State and County amount- ing to $12,836.24. Decreases in the contract due to elimination of items amounted to $8,787.60. Therefore, the net change in contract price being an increase of $4,048.64. Total Construction Costs $123,748.64 Less 10% retention 12,374.86 Previous Payment 73,698.66 Balance Due $ 37,675.12 The City's budgeted Account No. is 06-4706-511. ALTERNATE ACTIONS 1. Accept the project as complete. 2. Do not accept the project. 3. Request further information from staff. RECOMMENDATION By motion, determine the Vereda Bikeway to be complete and declare the work to be accepted. Direct the City Clerk to record a Notice of Completion with the County Recorder. Authorize staff to release the 10% retention ($12,374.86) 35 days after recordation of the Notice of Completion. Respectfully submitted, W � J'V W. D. Murphy WDM:RAF/rem(li2 l RESOLU•ON NO. 84-11-6-1 • ION OF 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 VEREDA BIKEWAY, AVENIDA PADRE TO PASEO TIRADOR, PHASES I & II (GRIFFITH COMPANY) WHEREAS, on the 5th day of June, 1984, the City of San Juan Capistrano entered into a contract with Griffith Company, for the construction of Vereda Bikeway, Avenida Padre to Paseo Tirador, Phases I & II; 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 123,748.64. SECTION 3. That the work is hereby accepted and approved. SECTION 4. The City Clerk is directed to forthwith forward a Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED AND ADOPTED this 6th day of November 1 1984 , by the following vote, to wit: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None r Y HAUSDORFER, MAY R` ATTEST: �iLUiC�---s�'GiiYN✓L��G� CITY CLEF -1- AGENDA ITEM June 5, 1984 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract for Vereda Bikeway S TTTTAT TON c Staff received bids for the construction of the Vereda Bikeway on May 29, 1984. The lowest bid was submitted by the Griffith Company at $119,700. The Engineer's estimate was $120,000. COMMISSIONS/BOARDS REVIEW, RECOMMENDATION: The Park and Recreation Commission has reviewed and approved the proposed trail. FINANCIAL CONSIDERATIONS: The total cost of the bike trail construction is $137,655 including 15% City overhead. The City will have $140,000 in grant funds from Orange County by mid June, 1984. ALTERNATE ACTIONS: 1. Accept the bid of $119,700 from Griffith Company. 2. Do not accept the bid from Griffith Company. 3. Request further information from Staff. RECOMMENDATION: By motion, accept the bid from Griffith Company for the Construction of the Vereda Bike Trail at $119,700 and authorize the Mayor and City Clerk to execute the document on behalf of the City. Respectfully submitted, W. D. W. D. Murphy WDM/RAF:ol Attach. FOR Cll Y C N, NCIL AGENDA ... 5 A UNITED PACIFIC INSURANCE COMPANY 'UI- •L. HEAD OFFICE, FEDERAL WAY, WASHINGTON PERFORMANCE BOND CALIFORNIA - PUBLIC CONTRACT Bond No. U 49 82 93 Premium:$898.00 Executed in duplicate n KNOW ALL MEN BY THESE PRESENTS: That GRIFFITH COMPANY, 2020 Yale Street, Santa Arta, CA 92704 as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation authorized 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 NINETEEN THOUSAND SEVEN HUNDRED DOLLARS AND NO/100 Dollars (S 119,700.00 --------- 4 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 June 5, , 19 84 , with the Obligee to do and perform the following work to -wit: Construction of Vereda Bike Trail 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 20th BOU-2801 CAL. -CONTRACT- PUBLIC- PERFORMANCE day of July 19 84 GRIFFITH COMP ��AESLTZ D. SIDFNT E ID'EWT (Seal) PACIFLC INSURANCE COMPANY 8.2035 z O STATE OF CALIFORNIA, ss. COUNTY OF Orange 1 ON July 23 19 84 before me, the undersigned, a Notary Public in and for said State, personally appeared James D. Waltze , known to me to be the Vice President/District Manager OFFICIAL SEAL of the GRIFFITF9 COMPANY G. N. PITTM 4N the Corporation that executed the within Instrument, known to me to be the person who NOTARY PuasC - CALIFORNIA executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged ^� PRmcrAL OFPCE IN to me that such Corporation executed the same. ORANCF COUNTY MY Commismoa Cxp. Wy. 24, 1986 WITNESS my hand and official seal. iA and for said State of California County of Los Angeles On this 20th day of July , in the year 1984 before me a Notary Public personally appeared E. S. Albrecht,r. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney - in -Fact of UNITED PACIFIC INSURANCE COMPANY , and acknowledge to me that he (she) subscribed the'name of UNITED PACIFIC INSURANCE COMPANY ! thereto as urety, and his (her) own name as Attorney -in -Fact. - �awrr �--- OFFICIAL SEAL . _ FatAR Tt a:1 J. CHASE / / KIC. OALIFOMiIA - (/�Z� / LOG ANGELES CCOUMY Notary blit in ander r safd County NP 00171YYI *011 EXA APri19. IM t a UNITED PACIFIC INSURANCE COmPANY HEAD OFFICE, FEDERAL WAY, WASHINGTON Bond No. U 49 82 93 Executed in duplicate PAYMENT BOND CALIFORNIA —PUBLIC CONTRACT "The Premium charged for this Bond is Included in that sheen a the Performance Bond." KNOW ALL MEN BY THESE PR ESENTS, that GRIFFITH COMPANY, 2020 Yale Street, Santa Ana, CA 92704 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 NINETEEN THOUSAND SEVEN HUNDRED DOLLARS AND N0/100 Dollars ($119, 700.00-------t 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 5th day of June 19 84 , entered into a contract with the Obligee for Construction of Vereda Bike Trail 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 Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed and sealed this 20th 8DU-2804 ED. 5/72 tCALIF.) day of J111Y 19 84 GRIFFITH COMP .............. IANIES,6. SIDF 7 VICE PRcSIDFN? UNI ED PACIFICINSURANCE COMPANY Attorney -in -Fact STATE OF CALIFORNIA, COUNTY OF Orange 1 SS' UN July 23 ]g 84 - before me, the undersigned, a Notary Public in and for said State, personally appeared James D. Waltze known to me to be the of the GKIFI"1TH CUMYHNY OFFICIAL SEAL the Corporation that executed the within Instrument, known to me to be the person who G. N. 'IT executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged �d NOTARY PUBLIC CALIFORNIA to me that such Corporation executed the same. _ PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. May. 24. 1986 WITNESS my hand and official seal. ACIWON7.Fa 1111—nw. aM State of California County of Los Angeles and for uW On this 20th day of 'Tuly , in the year 1984 before me a Notary Public personally appeared E. S. Albrecht. Jr. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney - in -Fact of UNITED PACIFIC INSURANCE COMPANY and acknowledge to me that he (she) subs ibed the name of I UNITED PACIFIC INSURANCE COMPANY theret as surety, and his (her) own name as Attorney -in -Fact. / /^ in and OFMAL WAL — MARTHA J. CHASE NOTA1;v .'q.: FUPLIC- CALIFORNIA vRlNcmu OFFICE IN LOS ANGELES COUNTY My Co,Wmission Exp. April 9, 1995 in and UNITED PACIFIC IN;3UR.ANCE COMPANY HEAD OFFICE, FEDERAL WAY, WASHINGTON POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly mganind under the laws of the State of Washington. dom hereby make, c9nstituts end appoint E. S. ALBRECHT, JR. of LOS ANGELES, CALIFORNIA --- its true and lawful Attorney-in•Fan, to meta, execute, Millard daliwr for end on in behalf, and es its act and dead ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ------ and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully eod to the sane extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by on Executive Offiow of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one Other of such of times, and hereby ratifies and confirms all that its mid Attorney(Oin-Fact mer do in pursWnn haroof. Thn Power of Attorney is panted under and by authority of Articla VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which became effective September 7, 1978, which Provisions are now to full form and effect, reading as follows. ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairmen of the Board, any Senna Vim Resident, any Vim President or Assistant Vice President or at Mr officer designated by the Board of Directors shall have Power and authority to (al appoint AUormys-car Fan and to authorize them to execute on behalf of the Company, bonds and undertakings, remgmmn(rs, contras/ of imdemnny and other writings obligatory in the nature thereof, and (bl to remove any such Altorni in -Fan at any time and ravcrke the (sower and authority given to him. 2. Attorneys -in -Fan shall here power and euthonty, subject to the tetters and limitations of the power of attorney issued to %hem, to execute antl dMivee on behalf of the Comtpany, bonds and undertakings, recognimnces, contrac%s of mdemnity and other writings oblsgatoey m the nature ihefeet The corporate cul is rot necessary for the validity of any bonds and undertaking,, recognizences, contracts of indemnity and other writings obbgaory in the nature thereof. 3. Attorreyf-m-Fan shall hove power and authority to execute affidavits required to be attached to bonds, recogmzances• contracts of mdem. nity ox other mndrtronal or obligatory urdmtakrngs and they shell also hove power and authority to certify the financial statement of the Company and to mosses of the By -Later; of the Company or any article or sanion thereof. This power of anorify, is signed and waled by facsimile under and by authority of the following Resolution adopted by the Boand of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed. "Resolved, that the signatures o1 such directors and offices and the cul of the Company may be affixed to any such power of attorney or any mniftmte elating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures w tacaimLle Met shall be valid and binding upon the Company and any such tower so executed and certified by facsimile signatures and facsimile seal shell be valid and binding upon the Company in the future with respect to any bond or undertaking to which n is attached •• IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY has uumd these presents 10 be signed by its Vin President, and its corporate seat to be hereto affixed, this 30th day of June 1983 v ` UNITED PACS IC INSURAN OMP NY , •vine li', �-G[ C • �f'L 3 1 kA i Z Vin President STATE OF Washington COUNTY OF King I ss On this 30th day of June 1983. Pertonauv eopaered Charles B. Schmalz to me known to be the Vtee-Pretident of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the fore going instrument and affixed the seal of mid corporation thereto, and that Article VII, Section 1, 2, and 3 of the By Laws of and Company, and the Resolution. cat forth therein, we still in full force. �c My Commission Expires. �Qv( � Jul 207 ; . -J, —T �` .19 86 .•�� '= otery Public m .nd for Sate oe Washint ton Milton Residing et . 1. Charles J. Falskow Assistant Sevetary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and foregoing is a it" and correct copy of a Power of Attorney executed by mid UNITED PACIFIC INSURANCE COMPANY, which is still in lull forte and affect IN WITNESS WHEREOF, I how hereunto cat my hand and affixed the weal of said Conspeny this 20th dev of July 19 84 Asusum Sectemry sou te3t Ed. 4180 G - (PROJECT TITLE) BIDDER AMOUNT BON CHALLENGE ENGINEERING, INC. A. 90gOb B- IP1411 GILLESPIE CONSTRUCTION, INC. A. ' D 4 B. H42, 5 5 GRIFFITH COMPANY A. (],�� ✓ B. 0 ORANGE COAST CONTRACTING, INC. A. Alig 0- B- B-CC: CC:City Clerk's Staff Public Works Citv Manager (3) (3) (1) B I D P R O P O S A L ' For the: Vereda Bikeway, Avenida Padre to Paseo Tirador. ' From: GKiffh MA 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 proposal requirements, and hereby proposes and agrees, if the ' proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 ' of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: For Alternate A - Phase I Only f'ut �sc� eca Ivf oCte�{ S &00 ' Words Filures 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, aparatus, 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. 1 -4- GRO114L WOOM l' NX 2. For Alternate B - Phase I Plus Phase II ��..� A 0 /�.e��r....�.e $ / /00 ' Words Figdres 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, aparatus, 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. 1 -4- GRO114L WOOM l' NX ' Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or ' proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance ' and completion of the work in the manner set forth, described and shown in the Specifications or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen ' (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration ' of forty-five (45) days for "Alternate A - Phase One only" or before the expiration of seventy-five (75) days for "Alternate B - Phase One plus Phase Two." 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 correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit -portions of the work as may be deemed expedient by the Engineer. ' It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a ' contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be ' returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned ' fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further 1 -5- 7 ' 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 t City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. ' Accompanying this proposal is 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: 1 United Pacific Insurance Company, 443 Shatto Place. Los Angeles, rA 90070 ' Licensed in accordance with an act providing for the registration of contractors -- License No. 32168 Signature of Bidder: \ , ` JAMES D. WALTZE ' �.N VICE PRESIDENT (If an individual, so state. If a firm or co -partnership, t state the firm name and give the names of all individual co- partners composing the firm: president, secretary, treasurer and manager thereof.) Dated: May 29, 1984 2020 Yale, Santa Ana, CA 92704 Business Address (714) 549-2291 Telephone Number ' Further, the undersigned Bidder certifies that he has throughly checked the figures set forth in this proposal, that they are ' correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: May 29, 1984 JAMES D. WALTZE VICE PRESIDENT Signature of'Bidder (714) 549-2291 Telephone Number Or011h MAN I 1 1 1 1 1 1 1 I D 1 I J I H 1 ALTERNATE A - PHASE I ONLY SCHEDULE OF WORK ITEMS Item Approx. Work Items With Units Unit Prices Total No. Quantity Price (Written in Words) (In Figures) Amount lA L.S. Phase I, clearing and grubbing for the limp sum price of � � � "Afa / dollars. $ %lo� 2A 32. L.F. Remove re -erect 6' chainlink fence adjacent to access trail at Ave. Padre for the unit price of o I tµe�xi G�a 2Qa� $ C20' $ 0 dollars per lineal foot. 3A L.S. Phase I, site gradi for the lu p sum price of of do lars. $ 39 410D TOTAL ALTERNATE A - PHASE ONE ONLY $ 41Vo6o 1 -6a- GRIff11H l► MPAN1I I ' ' ALTERNATE B - PHASE I PLUS PHASE II SCHEDULE OF WORK ITEMS Item Approx. Work Items With Units Unit Prices No. Quantity Price (Written in Words) (In Figures) Total Amount ' 1B L.S. Phase I clearing and grubbing for the sum price of /yQllump /I �.�Ap� oU /y1Un 4 .�Oy Iiy� dollars. $ q g 1 2B 32 L.F. Remove and re -erect 6' chainlink fence adjacent to access trail at Ave. Padre previously taken down, for the unit price of Z7/ 6' d`T/�ww - GGpJ $ lJ rO $ Z/ &O dollars per lineal foot. ' 3B L.S. Phase I site grading f r the lumpsumprice of� 1 k7� of ars. a .> $ ' 4B L.S. Phase II clearing and grubbing for the/lump/sum price ofd °0 Ol d -ne dollars $ (�O 5B L.S. Phase II site gradincp for the ' lump sum price of , tPz A Loz nea/ dollars. $ 3300' ' 6B 926 L.F. Erect 6' high, vinyl -clad, chain- link the unit price of ' �f�e�n/c�e'for � / WO&1a 4 00� 30 dollars per lineaU foot. $ /C/ go $ 95 37 7B 11p00 S.F. Construct 6" thick concrete bike rail �f�o�j the unit price ' of'71GnA-A,' C,6. 3 '/ Z//i goo dollars per square of $ $ ' 8B 16220 S.F. Construct 4" thick A.C. bike tr 1 for the, unit price of o . , � ca �3a7 ' dollars r square foot. $ ,7� $/,;I ' -6b- VRIMH t+SNdAPA'1ik ALTERNATE B - PHASE I PLUS PHASE II SCHEDULE OF WORK ITEMS Item Approx. Work Items With Units Unit Prices Total No. Quantity Price (Written in Words) (In Figures) Amount 9B 30 L.F. 24" Diameter 2000 D R.C. pipe fo,[r, the unit prigof �2 mss, -AZW,111- Qla& A d llars per lineal 5/ -7 $ /7 /0o' o' foot. $ lOB 2 EA. Concrete headwall fCthe unfit price of Gt $ d lla s�each. $ 11B 3260 L.F. 2" x 4" redwood headers for the unit rice of -C 9,D.r6 aaL4 no dollars pefJ liheal foot. $ $ TOTAL ALTERNATE B - PHASE ONE PLUS o, PHASE TWO $ 700 -6c- 4af{O 1 A l I W1elAM Id I 1 H 1 I NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED PITH BID STATE OF CALIFORNIA ) County of Orange ) ss. James D. waltze , being first duly sworn deposes and says + that he is vice President/District Manager of GRiF 11H WIND the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or any- one else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bid- der, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one inter- ested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection there- with, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. Ghiffilh � JAML6 U. WALTZE VICE PRESIDENt I ' 84 On this the 29th day of May 19 before me, the undersigned, a Notary Public in and for said ' State, personally appeared James D. waltze vice President/District Manager personally known to me/proved ' to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is subscribed to the within ' instrument, and acknowledged tnat he has executed it. 1 1 1 1 1 WITNESS my hand and official seal. OFFICIAL SEAL G. N. PITTMAN NOTARYPUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. May. 24, 1986 GRIfflIH COMPANY DESIGNATION OF SUB -CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of ' the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the fol- lowing listed sub -contractors in making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is ' understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not ' listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only. ITEM OF WORK SUB -CONTRACTOR ADDRESS PHONE NO. 1. rLs -2ZZZ. 3. GRIFfUH COMPANY BIDDER'S NAME C JAMES D. WALTZE VICE PRE&IDEM' AUTJiORIZED SIGNATURE '3kimlh WWW" GRIFFITH COMPANY RESOLUTIONS RESOLVED, That any one or more of the following officers of this Corporation: Chairman of the Board and Chief Executive Officer, President, Executive Vice President, Vice President, Secretary, Treasurer and Chief Financial Officer, together with, when required, the Secretary or Assistant Secretary be and they are hereby authorized to execute and deliver in the name of this Corporation any and all bids, authori- zations, contracts, notes, deeds, bonds, stocks, decla- rations, releases and agreements of any nature or sort whatever. FURTHER RESOLVED, That any one or more of the following officers of this Corporation: Vice President/District Manager, District Manager, Assistant District Manager, and Assistant Secretary, be and they are hereby authorized to execute and deliver in the name of and on behalf of this corporation any and all bids, authorizations, contracts, certifications, declarations and releases. FURTHER RESOLVED, That any and all persons, firms, corporations and other entities shall be entitled to rely on the authority of any one or more of the officers above named to bind this Corporation by the execution and delivery of any of the documents or papers set forth hereinabove. FURTHER RESOLVED, That the authority granted hereby shall not be modified or revoked except by a resolution to that effect passed by the Board of Directors of this Corporation. FURTHER RESOLVED, That any and all authorization heretofore granted by this Corporation to any officers other than those above named, to perform acts in the name of and on behalf of this Corporation similar to the acts authorized above, be and they are hereby revoked, rescinded and annulled. The undersigned hereby certifies that he is the Secretary of Griffith Company, a California Corporation, and does hereby certify that the above is a full, true and correct copy of resolutions passed by the Board of Directors of GRIFFITH COMPANY at a meeting thereof held on March 5, 1984, in accordance with the by-laws of said GRIFFITH COMPANY and at said meeting there was at all times a quorum present and acting and that said resolution has not, to the date of this certificate, been in any manner amended, modified, revoked, rescinded, or annulled. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and affixed the seal of GRIFFITH COMPANY this 5th day of March, 1984. \ � 1.' Attest: onald L. cGreew President Robert P. Molko, Secretary GRIff11H COMPANY Bond No. U95 33 78 - 781 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we GRIFFITH COMPANY 2020 Yale, Santa Ana, CA 92704 , as Principal, and UNTTFD PACT FTC IRSURANCE COMPANY existing under the laws of the State of WASHINGTON , and whose principal office is located in the City of FEDERAL WAY , as surety are jointly and severally bound unto the CITY OF SAN JUAN CAPISTRANO of Orange County, California, in the sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT BID IN --------DOLLARS ($--------------- ) , lawful money of the United'States of America to be paid to the said CITY OF SAN JUAN CAPISTRANO, for which payment well and truly to be made, we bind ourselves, our heirs, successors, executors, admin- istrators and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated May 29th , 19 84 , for the construction of VEREDA BIKEWAY - AVENIDA PADRE TO PASEO TIRADOR PHA RRG T G TT for THE CITY 'OF SAN JUAN CAPISTRANO, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall within fifteen (15) days after the agreement has been presented to him for execution enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified -19- 3 r i Bond No. U95 33 78 - 781 in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS WHEREOF the above -bounded parties have executed this instrument under their several seals this 22nd day of May , 1984, the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (if individual) ATTEST (ifC rporati)on) Title Secretary Corporate Seal Title District Office Manager Corporate Seal -20- GRIFFITH COMPANY P1 I IPAL JAMES D. WALTZE Title VIDE PRES12M Ifs SURETY Bi 'V Cv " ' y ry Jenny 1 Title Atto ey-in-i�t State of CALIFORNIA On Mav 22 1984 , before me, the undersigned, ss. .a Notary Public of said county and state, personally appeared County of ORANGE Mary A. Jenny, personally known to me to be the Attorney -in -Fact of UNITED PACIFIC INSURANCE COMPANY OFFICIAL SEAL KAREN L. WOLF 4 NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY MY COMMISSION EXPIRES AUG. 21, 1987 I V040 w• p/721 the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. UNITED PACIFIC INSURANCE COMPANY NOME OFFICE, FEDERAL WAY, WASHINGTON POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. *At ft* UNITED PACIFIC INSURANCE COMPANY. • corporation duh arganisd under the laws of the State of Washington, dos hereby make, constitute and , . MARY A. JENNY of SANTA AAA, CALIFORAIA— its true and lawful Anorneyin-Fact, to make, @seat*, east and deliver for and an its behalf, and as its act and dmd ANY AND ALL BONDS AND OF SURETYSHIP --- and tobind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as it such bonds and undenskingtand Other writings abhostory in the nature thereof were signed by an Exacutive Offiew of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(d-in-Fect my do in pursuance hereof. This Power of Attorney Is granted under and by suehovity of Article VII of the Bylaws of UNITED PACIFIC INSURANCE COMPANY which became effective Seinember 7,1878, which provisions we now in lull force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairmen o1 the Board, any Senior lance President, any Vice President of Assistant Vice President W other officer designated by the Board of Dir*ctort shall have Power and authority to (at appoint Attormys-in-Fact and fo aathwits them to execute an behalf of the Company, bonds and undertakings, recognieances, contracts of indemnity and other writing% obligatory in the nature thereof, and Ib) to remove any such Attofoay-in-Fen at any time and reeoke the power and authority Riven to him. 2. Attorneys -in -Fact shall have power and authority, subject to the term and limitations W the power of attorney issued to them, to exeewe and deliver on behalf of the Company, bonds and undertakings, rectgnilanco, contracts of indemnity and other writings obligatory in the stun thereof. The eorporate seat is not necessary for the validity of any bonds and undertaking., recognizances, contracts of indemnity and other wrsings obligatory in the nature thereof. 2. Attorneys-in•Fact shelf have power and authority to execute affidavits required to be attached to bonds, ramgnwnces, contracts of xsdenr hitt' or other conditional or obligatory undertakings and they shall Neo lave power and authority to certify the financial statement of the Company and to Copies of the BY•Laws o1 the Company w any article or section thereof. This power of attorney is signed and staled by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 51h day o1 June, 1878, at which s quorum was present, and laid Resolution has not been amnded or repeated: -Resolved, that the signatures of such directors and officers and the seal of the Company my be affixed to any such power of attorney or env wnilime totaling thereto by facsimile. and any such power of attorney or certificate bearmg such famimile signatures of famimik saah shell be slid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile wt shell be valid and binding upon the Company in the future with respect to any bond or undertaking to which fl is attsd sd:- IN WITNESS WIIEREOF,the UNITED PACIFIC INSURANCE COMPANY N% caused these presents to be signed by its Vie President, and its corporate seal to to hereto affixed, this 22nd day of October 18 80. UNITED PACIFIC INSU NCE ►ANY 00�o vies President STATE OF Washington 1 COUNTY OF King }ea' On the 22nd day of October .19 80personoliv appeared Charles B. Schmalz to me shown to be the Vice-president of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and netted the two. ping Inerriimns she affixed the seal of laid corporation thereto, e d that Article VII, Section 1, 2, and i o1 the By -Lava o1 laid Company, and the Resolution, rt form therein, we Rill in full farce. My Cammotim Expires:6%5F.' 12^ Jane 12 .1.82 Notary Public in and forst of Washington 16sidiwg at Tacoma I, Charles J. Falskow Assiatem Srnaatary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and forepoing k a true and correct mpsr of • Power of Attorney executed by and UNITED PACIFIC INSURANCE COM►ANY, which Is still In full fwm and effect. IN WITNESS WHEREOF.I Nva hereunto set my load and affixed the earl of red Company ink 22nd tbyo/ May 18 84 i .� r..- BOLLtbt Ba. AAO Assistant Srtetary PROOF OFPUBLICATION (2015.5 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 daily in the City of San Clemente, County of Orange, and which newspaper has been ad- judged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11, 1960, 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: May 18 and 25, all in the year 19 84. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this _29f-hday of MAV 119,8-4. Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real — P.O. Box 967 San Clemente, Calif. 9¢672 — Phone (714) 492-5121 This spoor the County Clays FWog stamp `crFIYED Proof of Publication of Notice Inviting Bids 0 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: DAILY SUN -POST Donna Harrison, Legal FOR PUBLICATION ON: �J FRIDAY, MAY 18, 1984 and FRIDAY, MAY 25, 1984 DOCUMENT(S) TO BE PUBLISHED: NOTICE INVITING BIDS - VEREDA BIKEWAY, AVENIDA PADRE TO PASEO TIRADOR, PHASES I AND II PROOF OF PUBLICATION: Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: S2 / DATE: May 15, 1984 Date of Bid Opening Date(s) notice published Date affidavit received Date notice posted in designated posting places (3) Date notice(s) posted on property Date of mailing notices to property owners - 5/29/84 - 5/18/84 & 5/25/84 - 5/18/84 - n/a - n/a 0 NOTICE INVITING BIDS 0 VEREDA BIKEWAY, AVENIDA PADRE TO PASEO TIRADOR PHASES I AND II Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Vereda Bikeway, Avenida Padre to Paseo Tirador, Phases I and II, until 2:00 P.M. on the 29th day of May, 1984. A pre-bid conference is scheduled at 10:00 A.M. on the 21st day of May, 1984, at the City offices to assist contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at a non-refundable charge of $10.00, plus a charge of $5.00 for each set of Plans and Specifications mailed. Dated: May 15, 1984 ?moi/Ti`s` CITY CLE CITY OF N JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will up to 2:00 p.m. on the 29th day of Mav , 1984, receive sealed proposals or bids for the Vereda Bikeway, Avenida Padre to Paseo Tirador, Phases I and II , in accordance with the approved plans and specifications on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these 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 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a.m. on the 21st day of May , 1984, 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 Performance Bond equal in the amount of one -hundred percent (100%) of the contract price. Bidders shall bid both "Alternate A - Phase One only" and "Alternate B - Phase One plus Phase Two". The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of forty-five (45) days has been set for the completion of the work in "Alternate A —Phase One only" from the date of execution of the contract. A time limit of seventy-five (75) days has been set for the completion of the work in "Alternate B - Phase One plus Phase Two" from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of Plans and Specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and specifications for use in preparing bids may be obtained at the office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all plans and specifications mailed. -2- This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this % y � day of CITY CLE.YK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- y 0 0 (/Z AGENDA ITEM April 17, 1984 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Plans and Specifications and Call For Bids - Vereda Bikeway - Camino Capistrano/Padre SITUATION Due to financial restraints the Vereda Bikeway has been divided into three segments. The first encompasses from Trabuco Creek bike bridge at Descanso Park easterly to Camino Capistrano. The second segment is the undercrossing at Camino Capistrano which will be constructed as part of the San Juan bridge widening. The third segment with which we are now concerned is from Camino Capistrano easterly under the I-5 Freeway to Paseo Tirador in Ortega Properties. Again, due to finances this third segment has been divided into two phases. Phase One consists of grading and drainage work. Phase Two will be the trail paving and fencing. Both phases will be bid at this time. COMMISSION/BOARD REVIEW, RECOMMENDATION This trail is on the City and County Master Plan of Bike Trails. The construction of this route has been endorsed by the Parks and Recrea- tion Commission. Staff has received two petitions from east Valley residents requesting the trail. FINANCIAL CONSIDERATIONS Staff has applied for several grants to assist financing of this project. An SB244 grant was denied for this year, however, repre- sentatives feel strongly that the project could be funded next year. SB244 grants range up to $90,000. The County of Orange did grant the City $115,000 through its SB821 funding. This project must be awarded to a Contractor by June 30, 1984, or the funds returned to the County. The City budgeted $10,000 in Account #06-4706-511 for the Vereda Bikeway in 1983-84. The Engineer's estimate to complete both phases of Segment One is $150,000, so the award may be for Phase One only. ALTERNATE ACTIONS 1. Approve the project plans and specifications and call for bids. 2. Do not accept grant funds; do not accept the plans and specifications. 3. Request further informati from staff. FOR CITY COUNCIL AGENDA .. Z 3 0 0 Vereda Bikeway -2- April 17, 1984 RECOMMENDATION By motion, approve the project plans and specifications and call for bids. Respectfully submitted, i L i, � `�l W. D. Murphy WDM:RAF/rem 7. APPROVAL OF DESIGN AND CALL FOR PROPOSALS VEREDA BIKEWAY) (62) As set forth in the report dated September 7, 1982, from the Director of Public Works, the preliminary design for the Vereda Bikeway from the Vereda Bridge easterly along the San Juan Creek to Paseo Tirador, including alignment and various proposals for a Route I-5 undercrossing was approved and authorization granted to call for proposals. AGENDA ITEM September 7, 1982 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Call For Proposals for the Design of the Vereda Bikeway SITUATION Staff has prepared a preliminary design for the Vereda Bikeway from the Vereda Bridge easterly along the San Juan Creek to Paseo Tirador, including alignment and various proposals for a Route I-5 under - crossing. Since most of the trail is along the levee top, no major engineering or design is necessary for those sections. Also, the section passing under Camino Capistrano is being included in the Camino Capistrano bridge improvements. However, the sections under Route I-5 and the Santa Fe Railway will require considerable design work and coordina- tion with Caltrans, Orange County Flood Control District, the Public Utilities Commission and the Railway. Several possibilities exist for the type of undercrossing at Route I-5 requiring feasibility and cost studies. FINANCIAL CONSIDERATIONS $15,000 has been estimated and budgeted for in the Capital Projects Account for the bikeway design and staff is applying for grant funds to assist the design phase, should additional funds be necessary. ALTERNATE ACTIONS 1. Approve the call for proposals. 2. Deny the call for proposals. 3. Request further information from staff. RECOMMENDATION By motion, approve the request for call for proposals for the design of the Vereda Bikeway. Respectfully submitted, W. D. Murp y WDM:RAF/rem 4� 9. I t! *s 40 40 40 EzP�G�O �r 00 go IA�� � J C- p p,n 0 G Ld U) v y F- - � aZ r> U UQ fl q ��LL rq M baa sa o00 o w�� N N LL LL - LL LL Z pUl o o 0 c3 4- 101 Cd al 41 1 ->r. o lz Cl) zz o F- oU� w ix x x w a W W Q L.L Ulc a G v. c v U, LL Z t— Z W w U) 0 e#2 74400 P**OiAp MLAnTQo-: SAN JUA!4?,6APISTRAgO.CAC1FORfl1A 92675 PNO'NW49]•117V -D November 16, 1984 Griffith Company 2020 Yale Santa Ana, California 92704 Re: Notice of Completion - Vereda Bikeway Gentlemen: Enclosed is a copy of Resolution No. 84-11-6-1, which was adopted by the City Council at their meeting of November 6, 1984. The Resolution accepts the work completed for the construction of Vereda Bikeway, Avenida Padre to Paseo Tirador, Phases I and II in the amount of $123,748.64. The Council directed that the balance due in the amount of $37,675.12 be payable immediately. The 108 retention will be payable upon 35 days from the recording of the Notice of Completion. The Notice was recorded on November 13, 1984; therefore, the final payment, in the amount of $12,374.86, may be released on December 18, 1984. Thank you for your cooperation. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH/mac Enclosure cc: Director of Public Works Director of Administrative Services Accounts Payable PLANS AND SPECIFICATIONS PkOJECT TITLE PROJECT ENGINEER NAME T PRE BID DATE/TIME BID OPENING DATE/ TIME �QDan ENGINEER'S ESTIMATE PURCHASE COST fib. DG MAIL COST 5. OO NAME s ADDRESS PHONE NO. s'— PkOJECT TITLE PROJECT ENGINEER PRE BID DATE/TIME PLANS AND SPECIFICATIONS O _1 BID OPENING DATE/ TIME VPN, ENGINEER'S ESTIMATE /;lo- D PURCHASE COST IQ. 0o MAIL COST 5,00 NAME ADDRESS PHONE N0. 1r1_ -,h C°�, aoao a eSj`9�a�� L I /\--ti a� c-, e c� 76Z ai.„2s.� Yeqo -- - ____—dab"1790 �./ ' ° ,itis-� C�_• �� �-� � __ . �_ � � --- - �--- _ .303 c,h16d,TC`-ZL— 4 qc' S - C- 5?-71,9YJ 1 -)ofr FL �„t 9 a6, 3o �u�� rr�I Id NS C4C X01 SA L Yl?onz �cz a�3--3�,5 I gj761 4-c 35c 0 d l3) Az o g�, old /c -r? 41 l b 'al 1 M N �) O c z •, U1 �o c l (rP WROON & BLACK INSURANCE SERVI9 B 70 South Lake Avenue. P.O. Box 90190 Pasadena, CA 91109-0190 (213) 7963888. 681-0400 Telex: 9105883784 ANSWERBACK CORBLACK PSD )UL ! 12 30 °" IN CI1 July 20, 1984 GF cA„j !Ul�.h Griffith Company Enclosed are Certificates of Insurance in connec- tion with the above Insured, as follows: City of San Juan Capistrano If you have any questions, please give us a call. ® Yours very truly CORROON & BLACK INSURANCE SERVICES CAB FORM 15(9/83) Lisa Edwards I f-'-1YFD ® ;q ” C O N T R A C T O R S LICENSE NO. 32168 2020 YALE STREET, SANTA ANA, CALIFORNIA 92704 (714) 549-2297 July 23, 1984 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Mary Ann Hanover, CMC City Clerk Re: Vereda Bikeway Gentlemen: The contract for the above referenced project was signed in our office on July 12, 1984 and returned to you that same day. Enclosed please find one (1) set of Bonds --Performance Bond and Payment Bond --for the Vereda Bikeway. Our Certificate of Insurance will be forwarded directly to you by our Insurance Carrier. Very truly yours, GRIFFITH James\D. Waltze D Vice P esident/District Manager JDW: sf Enclosure ��� 6jl,f�</92 �lllJi!! �.Gfi'lQ/IZfi y32400 PASEO.ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 " PHONE 493.1171 July 12. 1984 Griffith Company 2020 Yale Santa Ana, California 92704 Re: Award of Contract - Vereda Bikeway Gentlemen: At their meeting of June 5, 1984, the City Council awarded the contract for construction of the Vereda Bike Trail to your company at $119,700. Execution of the contract has been held up pending approval of the County. Enclosed are two copies of the contract. Please sign and date both contracts and return the "City" copy to this office. I am enclosing Pages 14, 25, and 26 of the bid documents which cite the City's requirements for bond and insurance amounts. The City is also to be named as an additional insured pursuant to the Standard Specifications for Public Works Construction. These requirements must be met within 15 days. If I can be of any help to you, please do not hesitate to call. Thank you for your cooperation. Very truly yours, MARY ANN ANOVER, CMC City Clerk MAH/mac Enclosures cc: Director of Public Works Director of Administrative Services Challenge Engineering, Inc. Gillespie Construction, Inc. Orange Coast Contracting, Inc. VI W. L'7 • J Juiy 30, 19A ICER THISCERTIFICATE IS ISSUED AS A MATTER OF INF( RMATION ONLY AND CO-IFERS NO RIGHTS UPON HE CERTIFICATI HOLDER. THIS I ERTIFICA- E DOES NOT A BEND, CORROON & BLACK INS. SERVICES °`TEND DR ALTER I THE COYERAG s AFFORDED BY THE POLK ES BELOW. P.O. -Box 90190 COI APANIES A FFORDING COVE5IAGE Pasadena, California 91109.0190 (818) 796.3888 (213) 681.0400 CCMPANY A Jnicare Insur ince Company LE 7ER INSJRED Gr Lff,th ;omparry 2020 tale Street Santa Aha. CA 92704 °EERY g ventral Natiolal Insurance Company CCMPANY LE 7ER C CC MPANY D LE TER CC MPANY E LE 7ER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO T iE INSURED NAF ED ABOVE FOR 'HE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REGUIREMEN T, TERM OR CONDITION OF ANY C ONTRACT OR OTH A DOCUMENT N TH RESPECT TC WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSI PRANCE AFFORDED BY THE POLK IES DESCRIBED HE REIN IS SUBJEC TO ALL THE TE MIS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. COPO TYPE OF INSURANCE POLICY NUMBER ICI' EFFECTIVE FIX w EXPIRATION I ABILITY LIMITS IN THOUSANDS LTR DA E SWN116NYI DA E (MIADBN'Y) EACH OCCURRE AGGREGATE GENERAL LIABILITYWI $ G $ A COMPREHENSIVE FORM UGA-01-1255 1/l/64 /1/85 RY ' PREMISES/OPERATIONS PRC,-ERTy $ $ EXIPLRGRND OSIONB COLLAPSE HAZARD DAk AGE ;( PRODUCTS/COMPLETED OPERATIONS ( CONTRACTUAL BI 8 PD CO& 3INED $ _,L%01 $ 7015 { INDEPENDENT CONTRACTORS ( BROAD FORM PROPERTY DAMAGE PERSONAL INJURY P':RSONAL INJURY $ Soo AUTOMOBILE LIABILITY EBBE $ A ANY AUTO UAA-01-1255 '/1/84 ', /1/85 (PM EB4F4 - ALL OWNED AUTOS (PRIV. PASS.) BOIL ALL OWNED AUTOS OTHER THAN Nwm- $ FEBi MND PRN. PASS. '. HIRED AUTOS PRC °ERTY $ NON -OWNED AUTOS DMAGE GARAGE LIABILITY el 8 �D 500. CON131NED $ EXCESS LIABILITY e ? UMBRELLA FORM GNU 00 17 26 771/84 i/1/85 �w1II3NED $ 3,0001 $ ',000, OTHER THAN UMBRELLA FORM - _-Xcess 0 !Jnder,vi0 5ATUTORY WORKERS' COMPENSATION $ $ (EACH ACCIDENT) A AND UCA-01-1255 i/l/84 7/1/85 (DISEASE -POLICY LIMIT) EMPLOYERS' LIABILITY . - L $ (DISEAS E PLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONENEHICLES/SPECIAL ITEMS Ver eda 6ikeuay ggsiaicpndit.ons asresects Ge!eral ani_Umbrella_Liabi.lity: It is agreed City of San .Juan Capistra o is in'Jded as 3n Adrativr,3insured, but solely as respects work being performed by or or beTalf of the N:.)med Insured ;n tonne ion wiGii t,:E sboV2 described project. SHOULD ANY OF Tie ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- Srty of 'an ,Tuan Capistrano PIRATIQFI DATE THEREOF, THE ISSUING COMPANY WILL }EN3$X3rdWil0 32400 Iaseo Adelanto MAIL DAYS; WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, IVAIKK ifdfl'blftiAWI�Y San Juan Capistrano, CA 92675 G1E361t112/0/9B//l�ox�oEm�mm[� 0 0 CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS VEREDA BIKEWAY AVENIDA PADRE TO PASEO TIRADOR PHASES I & II CITY COUNCIL GARY L. HAUSDORFER, MAYOR KENNETH E. FRIESS ANTHONY L. BLAND LAWRENCE F. BUCHHEIM PHILLIP R. SCHWARTZE S. B. JULIAN CITY MANAGER W. D. MURPHY DIRECTOR OF PUBLIC WORKS MAY, 1984 0 • TABLE OF CONTENTS CONTRACT DOCUMENTS Notice Inviting Bids -------------------------- Bid Proposal ---------------------------------- Schedule of Work Items ------------------------ Non-Collusion Affidavit ----------------------- Designation of Sub -contractors ---------------- PAGE 1 4 6a & 6b 7 9 Instructions to Bidders----------------------- 10 Contract-------------------------------------- 16 Bid Bond (sample)----------------------------- 19 Faithful Performance Bond (sample)------------ 21 Labor and Materials Bond (sample)------------- 23 SPECIAL PROVISIONS Work to Be Done------------------------------- 25 Standard Specifications----------------------- 25 Terms Defined--------------------------------- 26 Flow and Acceptance of Water-------------- --- 26 Water----------------------------------------- 26 Insurance and Overhead Costs------------------ 27 Protection of Existing Utilities-------------- 27 Protection of Private Property---------------- 27 Special Provisions of Items of Work, Materials and Methods of Construction------- 28 0 • NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will up to 2:00 p.m. on the 29th day of May , 1984, receive sealed proposals or bids for the Vereda Bikeway, Avenida Padre to Paseo Tirador, Phases I and II , in accordance with the approved plans and specifications on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these 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 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a.m, on the 21st day of May , 1984, 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 - 0 • The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one -hundred percent (100%) of the contract price. Bidders shall bid both "Alternate A - Phase One only" and "Alternate B - Phase One plus Phase Two". The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of forty-five (45) days has been set for the completion of the work in "Alternate A - Phase One only" from the date of execution of the contract. A time limit of seventy-five (75) days has been set for the completion of the work in "Alternate B - Phase One plus Phase Two" from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of Plans and Specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and specifications for use in preparing bids may be obtained at the office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all plans and specifications mailed. -2- 0 E This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this j -y �- day of 4E- /&-'/ CITY CLE, CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- 0 • INSTRUCTION TO BIDDERS Securing Documents Plans, specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids". Examination of Plans, Specifications and Site of Work The bidder is required to examine the site of work, the proposal, the plans and the specifications very carefully. He shall satisfy himself as to the character, quality and quantities 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 set forth, or if the Engineer discovers errors, -10- omissions, or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Be- fore submitting his bid, each bidder shall inform himself as to 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 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 responsibility, technical ability, equip- ment and references properly and fully filled out. E, Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the pro- visions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not less than ten (10) percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. — -- The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond, and the money re- presented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten (10) percent of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. -12- 0 0 G. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids". Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawl of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for re- ceipt of bids. 22ening of Bid Proposals The City will, in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids". Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The con- tract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids". The City, however, reserves the right to reject any or all bids and to waive any nonconformity in the bids received. -13- The bidder to whom the award is made shall execute a written contract with the City and furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after the notice of award of contract. The contract shall be made in the form adopted by the City. The release of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made upon the City's acceptance of the Labor and Materials Bond and the Faithful Per- formance Bond. 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 corpora- tion to which an award is made shall furnish evidence of its cor- porate existence and evidence that the officer signing the con- tract and bonds for the corporation is duly authorized to do so. Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract. Said bonds shall be secured from a surety company satisfactory to the City. Surety companies, to be acceptable to the City, must be authorized to do business in the State of California and be on the accredited list of the United States Treasury. Time of Performance The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently prosecuted until completion. A time limit of forty-five (45) calendar days for "Alternate A" and seventy-five (75) calendar -14- L 0 days for1),Iternate-B" 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". Buildina 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. -15- 0 SPECIAL PROVISIONS 1. Work to Be Done 11 The work to be done on this project has been divided into two phases - Phase I and Phase II. The City is requesting alternate bids, Alternate A to cover Phase I only, and Alternate B to cover Phase I plus Phase II. 1.1. "Alternate A - Phase I Only" The work to be done under Alternate A consists of clearing and grubbing, erecting chainlink fencing and grading. This work is located along the San Juan Creek levee and under the I-5 bridge from Station 24+05 to Station 34+90 and including the connector trail to Avenida Padre. 1.2. "Alternate B - Phase I Plus Phase II" The work to be done under Alternate B consists of all the work listed in Alternate A plus clearing and grubbing, erecting chainlink fencing, grading, concrete and A.C. bike trail, drainage. Phase II extends from Station 34+90 to Paseo Tirador. 2. Standard Specifications The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1979 Edition, hereinafter referred to as the Standard Specifica- tions 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 (100%) of contract price. The "Faithful Performance 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 amount and provisions of insurance are modified to be: Bodily Injury $ 500,000 each person Bodily Injury $1,000,000 each accident Bodily Injury $1,000,000 aggregate products Property Damage $ 500,000 each accident Property Damage $ 500,000 aggregate operations Property Damage $ 500,000 aggregate protection Property Damage $ 500,000 aggregate products Property Damage $ 500,000 aggregate contractual -25- 0 0 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. Change 3" "Section 8 - Facilities for Agency Personnel" Delete this Section. 3. Terms Defined Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City Department or persons shall be intended: AGENCY shall mean City of San Juan Capistrano whenever 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. 4. Flow and Acceptance of Water Surface or other waters may be encountered at various times during construction. The contractor, by submitting a bid acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of the Contractor to protect his work from danger due to any waters encountered. Should any damage to the work due to surface or other water occur prior to acceptance of the work by the City, the Con- tractor shall repair such damage at his expense. 5. Water Water will be available from the Capistrano Valley Water District. Arrangements for temporary construction water service permit and water service may be made by contacting Capistrano Valley Water District at (714) 493-1515 one week prior to need for service. All water facility construction shall conform to the "Standard Specifications, Capistrano Valley Water District, and the Uniform Plumbing Code, 1982." The cost of the water, permit transporting and applying said water shall be included in the unit bid prices for the various items of work to be done. Included shall be full compensation for furnishing all labor, materials, tools and equipment and for performing all the work necessary to develop a sufficient water supply and supplying the water. -26- 0 6. 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. 7. Protection of Existing Utilities The contractor must remain within the construction zone to the best of his ability. The contractor must protect all existing private property. S. Protection of Private Property The contractor must remain within the construction zone to the best of his ability. The contractor must protect all existing private property. -27- 0 0 SPECIAL PROVISIONS OF ITEMS OF WORK, MATERIALS & METHODS OF CONSTRUCTION BID ITEM 1A & 1B - Phase I Clearing & Grubbing This bid item shall include the removal of all vegetation and interfering material including the fencing shown on the plans (from Station 24+05 to 34+90 including the connector trail to Avenida Padre). Sufficient fencing shall be salvaged to be erected under bid item 2A & 2B. All other material shall become the property o.f the contractor and its disposition shall be the contractor's responsibility. The workmanship and materials included in the work prescribed for clearing and grubbing shall conform to Section 300 of the Standard Specifications. Payment The lump sum price shall include all labor, material, tools and equipment necessary to clear and grub, remove and salvage fencing as necessary, and no additional compensation shall be made. BID ITEM 2A & 2B - Erect Chainlink Fence The work for this bid item shall include the erecting of the chainlink fence removed in bid item lA and 1B. Payment The lump sum price shall include all labor, material, tools, and equipment necessary to carry out the work as described and no additional compensation shall be made. BID ITEM 3A & 3B - Phase I Site Grad The work for this bid item shall include all grading shown on the plans from Station 24+05 to 34+90 including the connector trail to Avenida Padre. The Engineer's estimate is that this work will comprise 686 cubic yards cut and 465 cubic yards of fill. The bidders should, however, satisfy themselves as to the quantities required and no additional payment shall be made. A leveling course of 1'" maximum size gravel shall be applied to the top of all rip rap areas to fill voids. All Phase I fill from Station 24+05 to 34+90, but excluding the connector trail to Avenida Padre, shall be rip -rap to the following specification. Rock size shall be one ton (D50 Size = 34") with a gradation as follows: Percent Smaller Than 2 Ton 95 - 100% 1 Ton 50 - 100% � Ton 0 - 5% INM 0 Payment The lump sum price for Phase I grading shall include all labor, materials, disposal of surplus material, tools and equipment necessary to construct the works as shown on the plans or staked in the field and no additional compensation shall be made. BID ITEM 4B - Phase II, Clearing & Grubbing This bid item shall include the removal of all vegetation and interfering material from Station 34+90 to Paseo Tirador. All material shall become the property of the contractor and its disposition shall be the contractor's responsibility. The workmanship and materials included in the work prescribed for clearing and grubbing shall conform to Section 300 of the Standard Specifications. Payment The lump sum price shall include all labor, materials, tools and equipment necessary to clear and grub, and no additional compen- sation shall be made. BID ITEM 5B - Phase II, Site Grading The work for this bid item shall include all grading shown on the plans from Station 34+90 to Paseo Tirador. The cost of providing fill or removing surplus excavation shall be included in this item. Payment The lump sum price for Phase II grading shall include all labor, materials, disposal of surplus material, tools and equipment necessary to construct the works and no additional compensation shall be made. BID ITEM 6B - Chainlink Fencing The work for this bid item shall include furnishing and installing six-foot high, vinyl clad (green color), chainlink fence per Orange County Environmental Management Agency Standard Plan#412 in the location shown on the plans. Payment The unit price bid for this item shall include all labor, materials, tools and equipment necessary to furnish and install the fence as detailed, and no additional compensation shall be made. BID ITEM 7B - Construct Six -Inch Thick Concrete Bike Trail The work for this bid item shall consist of constructing a P.C.C. bike trail six inches thick, reinforced as detailed on the plans with control joints, one -inch minimum depth, at ten -foot intervals, edges finished (R = 1/8"). -29- • 0 Payment The unit price bid for this item shall include all labor, materials, tools and equipment to construct the bike trail as detailed and no additional compensation shall be made. BID ITEM 8B - Construct Four -Inch Thick A.C. Bike Trail The work for this bid item shall include the furnishing and placing of asphalt concrete as indicated on the plans and in the specifica- tions. The workmanship and materials shall conform to Section 302-B of the Standard Specifications and Orange County Standard Plan #805. Where the native material is not granular, a four -inch thick sand bed shall be provided. Payment The unit price bid per square foot for asphalt concrete bike trail shall include all labor, materials, tools and equipment necessary to construct the A.C. bike trail and no additional compensation shall be made. BID ITEM 9B - 24 -Inch Diameter 2000D R.C. Pipe The work for this bid item shall include the furnishing and placing of 24 -inch diameter 2000D R.C. pipe conformance with Section 207-2 of the Standard Specifications to the lines and grades as shown on the plans or staked in the field. Excavation of the new ditch outfall to the creek and filling of the old ditch shall be included in this bid item. Payment The unit price bid shall include all labor, materials, tools and equipment necessary to construct the 24 -inch diameter 2000D RCP, excavate the new outfall ditch and fill the old ditch, and no additional compensation shall be made. BID ITEM 10B - Concrete Headwall Work for this bid item shall include the constructing of the concrete headwalls as detailed on the plans. Materials shall conform to Section 200 and 201 of the Standard Specification. Payment The unit price bid shall include all labor, materials, tools and equipment to construct the headwalls as detailed and no additional compensation shall be made. -30- BID ITEM 11B - Redwood Headers The workmanship and materials included in the work prescribed for this bid item shall conform to Section 204 and 305 of the Standard Specification and shall include the placing of redwood headers to conform to Section 302-5.4. Payment The unit price bid per lineal foot shall include all labor, material, tools and equipment necessary to carry out the work as specified, and no additional compensation shall be made. -31-