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1986-0218_AL LOWRY PAINTING_ContractCONTRACT "City Copy" This contract is made and entered into by and between the. CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and Al Lowrey hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered toinclude the.Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion A£ft- 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 ba required to complete the work in a substantial and acceptable manner. SECOND. THE WORT- 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 T.na Rina Paint Prnnram-TA t}1 a Ani 1 cn.,nnA 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 .Special_Provisions. -28- 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 fixthe 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 (5100) a day for each.day delayed,- provided- elayed,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 .,a,s.nu.,} Of �11 _, as required.by the laws of the State of California, on forms approved by City. The Performance Bond shall be.for an amount of one. hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete: performance of the contract, guaranteeing the work: against faulty workmanship and materials for a period o:r on& (1) year after completion and ac- ceptance. --A ..-J.--J _T was 7aTan@sed-�araent W MAga—f the..:�auat aE +�^; _ c••n}ra,.} ^a e,,�„ "T, e -^a by 9bLaae&AaaA;16. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifica- tions. CONTRACTOR agrees to pay City such sunr as the Court may judge as reasonable for the legal -services of any attorney representing the City in.any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgement in. such action against CONTRACTOR is such action is determined in favor of said City. The required Performance ewi.BonA shall provide that the surety shall pay attorney's fees incurred by City in enforcing this agreement. -29- SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. 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 offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the• contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability, and property damage insurance naming the City and its elected and appointed officials. as a names insured, which such policies shall. be of. an amount not less than One Million Dollars combined single limit. The insurance: policies. shall bear an. endorsement: or shall have an attached. rider providing that in. the event of expiration ar proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law -or statute but in no event less that 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees. from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this con- struction agreement. -30- 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 extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipu- lation 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 calendar day during which such workman is required or permitted to work more than. eight (8) hours in. violation. of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agents) of City, pursuant to Council action, and by CONTRACTOR on the date: set before the name of each. CITY OF S JUAN CAPISTRANO DATED: February 18, 1986 BY Phill' R.-5chwartze, yor r, ATTEST: BY Contracto / � 4L �Q �� Al Lowrey Mary Ann Hanover, City Clete TO FORM:. , city Attorney -31- Ah r1 ro ro o m o u. a w rt W a rt m v � rt ro H a r - m ro n 4 w m rt � N ` r N o �o co C) rn 0 1p i w N K UO O ro o 0 p O 3 N. M Gtl m a p r - N G o � v m a r~r m Id 11 w °. m 0 rt w to ti � w r• w ro ro rt � rn N rt U) N ro o H b r rt G L+] m w ro r• a m ro M k ro mUl ro rn o z rrr m o r• w x rt rt ro (D N r• 0 ts IN rn 0 6 0 It m N d v z z y ro SD Lo ro 0 re m m V1 A p Fp -17 m z rtrz)� va f' ^ N V1 (� —� ro z ©r J � ro Y � Y H O ro ro r oC7 b � a ro w C a r rt x SU (D rp0 r m r vo n rt _m a N r• '•O ro w rt rt rt _ ro a 0 Mg N r rt w n cn ro n N rror a N r � a N a ro W a a .P N 0 to U1 G ro a ro ro o m o u. a w rt W a rt m v � rt ro H a r - m ro n 4 w m rt � N ` r N o �o co C) rn 0 1p i w N K UO O ro o 0 p O 3 N. M Gtl m a p r - N G o � v m a r~r m Id 11 w °. m 0 rt w to ti � w r• w ro ro rt � rn N rt U) N ro o H b r rt G L+] m w ro r• a m ro M k ro mUl ro rn o z rrr m o r• w x rt rt ro (D N r• 0 ts IN rn 0 6 0 It m N d v z z y ro SD Lo ro 0 re 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: 0 7C_o tnoz'tovl J0IG0 License in accordance with an act providing for the reg is- A-tAW r)abG2 tration of contractors -- License No. 45-2 (O c) perry Signature s�of Bidder: (If anrdividu so state. If a firm or co -partnership, state the firm name and give the names of all individual co- partners composing the firm: President, Secretary, Treasure and Manager thereof.) r1L Dated: � rnt�i[�r� Business Address Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figuresset 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: — 13 -"8 SignaturW of B4dder Telephone Number WE SCHEDULE OF WORK ITEMS Building Address Unit Price Unit Price No. (In Words) (In Figures)_ EA) 33 31362 Ramos St tw° 1p �w.�g o Zaoo co 34 31342 Ramos St 4 xo^ 5 0 40A 26604 Mission St r% 1 heRn��AN9 13cQi�j 40B 26590 Mission St.e; 40C 26580 Ramos St 1 Crkl'C'£EN 1� `AN99 �9 0 41 26595 Mission St 42 26603 Mission St 43 26510 Mission St �• �,�� S ZS o 44 26519 ( �a\{ `�, Mission St 45 26513 Mission St oC� 46 26511 Mission St ��,rk2an^ �.r� ooa 49 26581 Mission St 006 ew 1(.Ft SEEN ao�ut�5 Q O Total Cost , 2412 FBF c � CI�Nc �aN (In Wordb) (In Figures) 0 SCHEDULE OF WORK ITE.M.S Building No. Address Owner/Tenant #33 31362 Ramos St. City/Barbie Hawk (See Map, Page 6B) Painting Specifications Cost ($) a. Paint Type Olympic Solid Color Stain Base - Navajo White Trim - Forest Special Instructions Paint small house in back Vista Base - White Cascade Q12 -46P Trim - Swiss Coffee Q8 -36P el b. Minor Repairs LW Total Cost 7, 0 l7 v j/� Lj�'� Contractor gnature State License No. k .— Date 0 SCHEDULE OF WORK ITEMIF Building No. #34 Painting Specifications a. Paint Type Address 31342 Ramos St. Owner/Tenant City Cost ($) Olympic Semi -transparent Stain 911 Trim windows with Olympic Solid Color Stain - Seafoam Special Instructions Some paint must be scraped off home. b. Minor Repairs Total Cost qQ ont for Signature L415 ( oma, State License No. � -�3-gL- Date M Buildina Nc. #40A SCHEDULE OF WORK ITEMF Address_ 26604 Mission St. Painting Specifications a. Paint Type Vista Base - Plum Crush Q2 -12P Trim - Swiss Coffee Q8 -36P Special Instructions b. Minor Repairs Total Cost Owner/Tenant City/Yorba Cost ($) � 2 -� Con ctor S gnature L� �)'�kID5 State License No. Date -9- m 0 SCHEDULE OF FiORIR ITEMS Buildina No. Adaresz Owner/Tenant #40B 26604 Mission St. Cit?/Sanchez Painting Snecifications Cost ($) a. Paint Type Vista Base - Willow Mist Q8 -27T Trim - Swiss Coffee Q8 -36P Special Instructions b. Minor Repairs Put in fascia board below ease if necessary. Total Cost Cos.4,5or Siptiature C) State License No. 14 -10- 0 0 SCHEDULE OF WORK ITEMS Building Nc. #40C Painting Specifications a. Paint Type Vista Base - Ebb Tide Trim - Swiss Coffee Special Instructions b. Minor Repairs Address 26580 Ramos Qll-28T Q8 -36P -11- 4k Total Cost Owner/Tenant City/Raymond Garcia cost ($) V5!- -n Corigractor riignature State License No. Date 0 SCHEDULE OF WORK ITEMS Building Nc. Address Owner/Tenant #41 26595 Mission St. City/Tereso Martinez Painting Specifications Cost ($) a. Paint Type 1 010 Vista Base - Blossom Green Qll-23T Trim - Swiss Coffee Q8 -36P Special Instructions b. Minor Repairs `{ 1�S Place small fascia boards below eaves. Total Cost a � 4J� Cont act Sign ture �,A o:�CD Sta a License No. — 3 — ?l0 Date -12- 0 SCHEDULE OF WORK ITEMS Buildina Nc. #42 Painting Specifications a. Paint Type Address 26603 Mission St. Vista Base - Snowball Q7 -51P Trim - Northern Pike Q13 -18T Special Instructions b. Minor Repairs Replace fascia board on front of house if existing one is unstable. -13- 0 Total Cost Owner/Tenant City/Esparza Quezada Cost M 15 2S Conactor Fignature 0CD11°S State License No. � - \-�- �3 (v Date LI SCHEDULE OF WORK. ITFI-.-z Building No. #43 Painting Specifications a. Paint Type Vista Base - Canteloupe Trim - Snowball Special Instructions Address 26510 Mission St. Q2 -47P Q7 -51P Also paint wooden area around entrance b. Minor Repairs Put fascia board along eave around front of home. Total Cost Owner/Tenant City/J. Rosales Cost �($) Co11nyytra or Si ture ✓i�� �ID15 State License t?o. -14- 1 �0�-,) —g Date SCHEDULE OF WORK ITEMS Buildina No. Address: Owner/Tenant #44 26519 Mission St. City/Jose Garcia Painting Specifications a. Paint Type Olympic Solid Color Stain Paint Home - Forest; no trim Special Instructions Cost ($) 0 Q Paint posts and outward facing fascia of carport Forest Green; leave inside of carport alone X. Minor Repairs Repair outside, west -facing part of carport with plywood. Total Cost (0- 4�-� for Sig ature State License No. c3-16 Date -15- OJ SCHEDULE OF WORT: ITEM. Buildina No. Address #45 26513 Mission St Painting Specifications a. Paint Type Vista Base - Dewfall Q13 -16P Trim - Swiss Coffee Q8 -36P Special Instructions rs . Minor Repairs 0) Repair roof by rolling new tar -paper over problem area; tar -paper should be a somewhat dark color. Total Cost Owner/Tenant City/Mendez Cost ($) C) r) r �Toont—rector ignature State License No. Date SCHEDULE OF WORT: ITEMS Building No. Address Owner/Tenant #46 26511 Mission St. City/Tony Alarcon Painting Specifications Cost (S) a. Paint Type \ aj Olympic Solid Color Stain Base - Chamois Trim - Navajo White Special Instructions Paint posts and outward -facing fascia of carport in Chamois b. Minor Repairs -17- Total Cost O C acto Signature �S^11o�5 State License No. Date R 0 SCHEDULE OF WORK ITEM_ Buildina No. #49 Painting Specifications a. Paint Type Address 26581 Mission St. Vista - Afghan Q6 -11P Special Instructions Paint only front side of home b. Minor Repairs Put wood trim along top of front side of home. n Owner/Tenant City/Louis Juarez cost ($) —5p -1--- E� vrD Cover vertical space and space under counter with plywood but leave east -facing entryway. Total. Cost I C Con actor qignature State License No. \— \3 -RG Date -18- 6 6 LOS RIOS HISTORIC DISTRICT PAINT PROGRAM LITTLE HOLLYWOOD AREA CITY COUNCIL Phillip Schwartze, Mayc_ Gary Hausdorfer, Mayor Pro Tem Lawrence Buchheim Anthony Bland Kenneth Friess Stephen B. Julian, City Manager nl �Ir Pr- , CITY COUNCIL Phillip Schwartze, Mayc_ Gary Hausdorfer, Mayor Pro Tem Lawrence Buchheim Anthony Bland Kenneth Friess Stephen B. Julian, City Manager 11 TABLE OF CONTENTS 0 Notice Inviting Bids ............................Page 1 - 3 BidProposal ....................................Page 4 - 6 Schedule of Work Items ..........................Page 6a - 18 Non -collusion Affidavit .........................Page 19 - 20 Designation of Sub -contractors ..................Page 21 Instruction to Bidders ..........................Page 22 - 27 Contract ........................................Page 28 - 31 Bid Bond ........................................Page 32 - 33 Contract Bond (Faithful Performance) ............Page 34 Labor and Material Bond .........................Page 35 - 36 Listing of Surety Companies .....................Page 37 - 41 Special Provisions ..............................Page 42 - 45 Standard Specifications .........................Page 46 - 51 0 B I D P R O P O S A L For the: Los Rios Paint Program Little Hollywood From: To the Honorable City Council City of San Juan Capistrano Gentlemen: 0 Contractor The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans and Specifications and General Conditions therefor, read the Instructions to Bidders, and is familiar with all pro- posal requirements, and hereby proposes and agrees, if the pro- posal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: Words Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, 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. I£ 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 days. -4- 0 0 All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. The estimated quantities of work indicated in this pro- posal 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 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 undersigned to comply with the terms of this proposal. Accompanying this proposal is (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. -5- s • The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Licensed in accordance with an act providing for the regis- tration of contractors -- License No. Signature of Bidder: (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co- partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: Business Address Telephone 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. Dated: Signature of Bidder Telephone Number 0 SCHEDULE OF WORK ITEMS Building Address No. 33 31362 Ramos St 34 31342 Ramos St 40A 26604 Mission St 40B 26590 Mission St 40C 26580 Ramos St 41 26595 Mission St 42 26603 Mission St 43 26510 Mission St 44 26519 Mission St 45 26513 Mission St 46 26511 Mission St 49 26581 Mission St Total Cost -6b- 0 Unit Price Unit Price (In Words) (In Fiqure (In Words) (In Figures) 4� 2699 MISSION/ zss/o MISSION 0"$ MASSAW 0 3/342 26513 MISSION zf� zsd rnssmN CITY OF SAN JUAN CAPI LOS RIOS PAINT PROGR Bulidings to be 6 1 CAMWO wisrR 140 LOCATION MAP � 0 SCHEDULE OF WORK ITEM., building No. Address #33 31362 Ramos St. (See Map, Page 6B) Painting Specifications a. Paint Type Olympic Solid Color Stain Base - Navajo White Trim - Forest Special Instructions Paint small house in back Vista Base - White Cascade Q12 -46P Trim - Swiss Coffee Q8 -36P b. Minor Repairs 0 Total Cost Owner/Tenant City/Barbie Hawk Cost ($) Contractor Signature State License No. Date -7- SCHEDULE OP WOR£ ITEr:c building No. Address #34 31342 Ramos St. Owner/Tenant City Painting Specifications Cost IS) a. Paint Type Olympic Semi -transparent Stain 911 Trim windows with Olympic Solid Color Stain - Seafoam Special Instructions Some paint must be scraped off home. b. Minor Repairs Total Cost Contractor Signature State License No. to SCHEDULE OF WORK I=M` Building tic.. Address #40A 26604 Mission St. Painting Specifications. a_ Paint Type Vista Base - Plum Crush Q2 -12P Trim - Swiss Coffee Q8 -36P Special Instructions b. Minor Repairs 0 Total Cost Owner/Tenant City/Yorba Cost ($) Contractor Signature State License No. N 0 SCHEDULE; OF WORT( !T -EX: builarna Nc. #40B Painting Soecifications a. Paint Type Vista Base - Willow Mist Trim - Swiss Coffee Special Instructions 26604 Mission St. Q8 -27T Q8 -36P 49 b. Minor Repairs Put in fascia board below ease if necessary. Total Cost Owner/Tenant City/Sanchez Cost ($) Contractor Signature State License No. to -10- 0 SCHEDULE OF WORT: ITErlc Building N:,. #41 Painting Specifications a. Paint Type Vista Base - Blossom Green Trim - Swiss Coffee Special Instructions 26595 Mission St. Qll-23T Q8 -36P b. Minor Repairs Place small fascia boards below eaves. -12- 0 Total Cost Owner/Tenant City/Tereso Martinez Contractor Signature State License No. e • SCHEDUTE 01 WORK STEW Buildinq Nc. Address #40C 26580 Ramos Painting Specification= a. Paint Type Vista Base - Ebb Tide Trim - Swiss Coffee Special Instructions b. Minor Repairs QII-28T Q8 -36P -11- C1 Total Cost Owner/Tenant City/Raymond Garcia Cost ($) Contractor Signature State License No. e 0 SCHEDULF OF WORK ITEM - building Nc. x{42 Painting Specifications a. Paint Type I ag__,._ 26603 Mission St. Vista Base - Snowball Q7 -51P Trim - Northern Pike Q13 -18T Special Instructions b. Minor Repairs Replace fascia board on front of house if existing one is unstable. -13- 49 Total Cost Owner/Tenant City/Esparza Quezada Cost ($) Contractor Signature State License No. e Buildina No. #44 0 0 SCHEDULE OF WORK ITEM- Adores-- 26519 dores_ 26519 Mission St. Painting Specifications a. Paint Type Olympic Solid Color Stain Paint Home - Forest; no trim Special Instructions Paint posts and outward facing fascia of carport Forest Green; leave inside of carport alone b. Minor Repairs Repair outside, west -facing part of carport with plywood. -15- Total Cost Owner/Tenant City/Jose Garcia Cost ($) Contractor Signature State License No. to U SCHEDULE OF WOR',: ITEI:z Buildinq No. Addres- #43 Paintinq Specifications a. Paint Type Vista Base - Canteloupe Trim - Snowball 26510 Mission St. Q2 -47P Q7 -51P Special Instructions Also paint wooden area around entrance b. Minor Repairs Put fascia board along eave around front of home. -14- 0 Total Cost Owner/Tenani City/J. Rosales Cost ($) Contractor Signature State License No. Date 0 SCHEDUi7, OF WORD: ITEM" Buildina No. #45 Painting Specifications a. Paint Type ).A r-- -- 26513 Mission St Vista Base - Dewfall Q13 -16P Trim - Swiss Coffee Q8 -36P Special Instructions n u b. Minor Repairs Repair roof by rolling new tar -paper over problem area; tar -paper should be a somewhat dark color. -16- Total Cost Owner/Tenan_ City/Mendez Cost ($) Contractor Signature State License No. e 0 0 SCIIEU LE OF WORT_ ITETII Buiidina Nc.. Addrese Owner./lenani #49 Painting Specifications a. Paint Type 26581 Mission St. Vista - Afghan Q6 -11P Special Instructions Paint only front side of home City/Louis Juarez Cost ($) b. Minor Repairs Put wood trim along top of front side of home. Cover vertical space and space under counter with plywood but leave east -facing entryway. Total Cost Contractor Signature State License Po. Date 0 L NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) County of ss. sworn deposes and says that he is being first duly of the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or 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. -19- SCHEDULE OE' WORT.. ITEM_ Building No, Address Owner/Tenant #46 Painting Specifications a. Paint Type 26511 Mission St. City/Tony Alarcon Olympic Solid Color Stain Base - Chamois Trim - Navajo White Special Instructions Cost ($) Paint posts and outward -facing fascia of carport in Chamois b. Minor Repairs -17- Total Cost Contractor Signature State License No. Date On this the day of_ before me, the undersigned, State, personally appeared_ 0 19 a Notary Public in and for said , personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. WITNESS my hand and official seal. Notary Public in and for said State -20- • 11 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 1. 2. 3. 4. 5. 6. 7. 8. BIDDER'S NAME AUTHORIZED SIGNATURE -21- PHONE NO. 0 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, -22- 0 omissions, or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Be- fore submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or cor- poration who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures, the words shall govern. -23- 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. -24= 0 P 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. 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 Resection 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. -25- 0 0 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 fifty -26- • ( 50 ) 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. -27- 0 0 CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the 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 Los Rios Paint Proaram-Little Hollywood 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 ,Special Provisions. INM 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. 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 California, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (1008) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and ac- ceptance. The Labor and Material Bond shall be for an amount of one hundred percent (1008) 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 Specifica- tions. CONTRACTOR agrees to pay City such sum as the Court may judge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgement in such action against CONTRACTOR is such action is determined in favor of said City. The required Performance and Labor and Materials Bonds and Bid Bond shall provide that the surety shall pay attorney's fees incurred by City in enforcing this agreement. -29- SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. 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 offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a names insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less that 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this con- struction agreement. -30- 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 extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipu- lation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN CAPISTRANO DATED: BY ATTEST: BY Mary Ann Hanover, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney =2= Contractor 0 9 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, _ , as PRINCIPAL, and , existing under the laws of the State of California, and whose principal office is located in the City of the CITY OF SAN JUAN CAPISTRANO, Orange County, California, in the sum of DOLLARS ($ ), lawful money of the Onited'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, administrators 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 , 19 , for the construction of 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 in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be -32- included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF, the above -bounden parties have executed this instrument under their several seals this day of 19 , the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (if individual) By Title ATTEST (if corporation) PRINCSPAL Corporate Seal = SURETY ATTEST By Title AS TO FORM. i . e11QN Attorney -33- Page 2 - Bid Bond Title 0 0 CONTRACT BOND -CALIFORNIA FAITHFUL PERFORMANCE -PUBLIC WORK Bond No. Initial premium charged for this bond is $�_ subject to adjustment upon• completion Of contract at applicable rate on final contract'price. KNOW ALL MEN BY THESE PRESENTS, That of as Principal, an e a corporation.organize an existing under the laws OPM and authorized to transact.surety business in the State of CallZornia, as Surety, are held and firmly bound unto City of San Juan Capistrano, in the sum of —n Fser_ f, dollars (S. ), for the payore we an aPr acipa truly to a made, si l and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,. that WHEREAS, the above -bounden Principal twith hwithe into a City OfSanJcuan Capistrano to o and per arm a allowing world to wit: Subdivision Monuments for NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this day of APPROVED AS TO FORM. NOTE: by by -34- ts of execution of Principal and Surety must. Principal Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to License No. , hereinafter designated as Pr c p , a contract for r and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub -contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for.any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we , Principal, and as syrsty are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of = DOLLARS ($ ), lawful money of the United -State o America, for payment of wtuch sura well and truly to be made we bind ourselves, our hairs, executors, administratozs and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done therson.of any kind, or for amounts due.under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, altera- tion or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and 'it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. -35- As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the day of 19 The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. By APPROVED AS TO FORM. Attorney Mr -M L&M Page 2 PRINCIPAL SURETY Prepared by: Office of City Attorney • an Juan Capistrano /29/85 LISTING OF SURETY COMPANIES QUALIFYING UNDER SURETY BOND COMPANY RATING CRITERIA The following surety bond companies are qualified to submit surety bonds to the City of San Juan Capistrano. The criteria utilized in rating surety bond companies are: A.M-. Best Company Rating of "A"; U.S. Treasury Underwriting Limitation of $1,000,000.00 or more. Use of any other surety company may only be allowed with approval of the City Attorney. AID Insurance Company Aetna Casualty and Surety Company of Illinois Aetna Reinsurance Company Affiliated FM Insurance Company Alaska Pacific Assurance Company Allendale Mutual Insurance Company Allstate Insurance Company American Automobile Insurance Company American Casualty Company of Reading, Pennsylvania American Centennial Insurance Company American Credit Indemnity Company American Economy Insurance Company American Indemnity Company The American Insurance Company American Manufacturer's Mutual Insurance Company American Motorists Insurance Company American Mutual Liability Insurance Company American Re-lnsurance Company American States Insurance Company Argonaut Insurance Company Arkwright-Boston Manufacturers Mutual Insurance Company Associated Indemnity Corporation Atlantic Mutual Insurance Company Auto -Owners Insurance Company Balboa Insurance Company Bankers Multiple Line Insurance Company -37- Exhibit F Pg. 1 of 5 Listing of Surety Companies Cont'd. Page Two Boston Old Colony Insurance Company The Camden Fire Insurance Association Centennial Insurance Company Central Mutual Insurance Company The Central National Insurance Company of Omaha The.Chartei Oak Fire Insurance Company Cigna Insurance Company Commercial Insurance Company of Newark, New Jersey The Connecticut Indemnity Company Continental Casualty Company The Continental Insurance Company Continental Reinsurance Corporation Dependable Insurance Company!".Inc. Employers Mutual Casualty Company Employers Reinsurance Corporation Fairmont Insurance Company Farmers Alliance Mutual Insuranca-Company Federal Insurance Company Federated Mutual Insurance Company The Fidelity and Casualty Company of New York Fidelity and Deposit Company of Maryland Fireman's Fund Insurance Company Firemen's Insurance Company of Newark, New Jersey First National Insurance Company of America Foremost Insurance Company Fremont Indemnity Company General Accident Insurance Company of America General Insurance Company of America General Reinsurance Corporation The Glens Falls Insurance Company Global Surety 6 Insurance Co. Globe Indemnity Company Grain Dealers Mutual Insurance Company Great American Insurance Company agm Listing of Surety Company Cont'd Page three Greater New York Mutual Insurance Company Gulf Insurance Company The Hanover Insurance Company Harco National Insurance Company Harleysville Mutual'Insurance Company Hartford Accident and Indemnity Company Hartford Casualty Insurance Company Hartford Fire Insurance Company The Hawaiian Insurance s Guaranty Company Highlands Insurance Company Highlands Underwriters Insurance Company The Home Indemnity Company The Home Insurance Company Houston General Insurance Company INA Reinsurance Company ITT Lyndon Property Insurance Company Imperial Casualty and Indemnity fompany Indemnity Insurance Company of America Industrial Indemnity Company Insurance Company of North America Insurance Company of the west Integrity Insurance Company International Insurance Company Iowa National Mutual Insurance Company John Deere Insurance Company Liberty Mutual Insurance Company Lumbermen Mutual Casualty Company Maryland Casualty Company Mead Reinsurance Corporation The Mercantile and General Reinsurance Company of America Michigan Millers Mutual Insurance Company Michigan Mutual Insurance Company Mid -Century Insurance Company -39- Exhibit F Listing of Surety Companies Cont'd Page Four The Millers Mutual Fire Insurance Company of Texas Munich American Reinsurance Company National Fire Insurance Company of Hartford National Indemnity Company The National Reinsurance Corporation National Surety Corporation Nationwide Mutual Insurance Company New Hampshire Insurance Company New York Underwriters Insurance Company Newark Insurance Company North American Reinsurance Corporation The North River Insurance Company North Star Reinsurance Corporation Northbrook Property and Casualty Insurance Company Northwestern Pacific Indemnity Company The Ohio Casualty Insurance Company Ohio Farmers Insurance Company Old Republic Insurance Company Pacific Employers Insurance Company Pacific Indemnity Company Peerless Insurance Company Pennsylvania Manufacturers' Association Insurance Company Phoenix Assurance Company of New York The Phoenix Insurance Company Progressive Casualty Insurance Company Protective Insurance Company Prudential Reinsurance Company Ranger Insurance Company The Reinsurance Corporation of New York Reliance insurance Company Republic Insurance Company Republic Western Insurance Company Royal Indemnity Company Royal Insurance Company of America SAFECO Insurance Company of America -40- Listing of Surety Companies Cont'd Page Five St. Paul Fire and Marine Insurance Company St. Paul Mercury Insurance Company Seaboard Surety Company Security Insurance Company Select Insurance Company Skandia America Reinsurance Corporation South Carolina Insurance Company The Standard Fire Insurance Company State Farm Fire and Casualty Company Transamerica Insurance Company Transamerica Premier Insurance Company Transcontinental Insurance Company Transportation Insurance Company The Travelers Indemnity Company_ The Travelers Indemnity Company of America The Travelers Indemnity Company --- Trinity Universal Insurance Company Twin City Fire Insurance Company Unigard Security Insurance Company United Fire & Casualty Company United Pacific Insurance Company United States Fidelity and Guaranty Company United States Fire Insurance Company Universal Underwriters Insurance Company Utica Mutual Insurance Company Valley Forge Insurance Company Vigilant Insurance Company West American Insurance Company Weschester Fire Insurance Company The Western Casualty and Surety Company The Western Fire' Insurance Company Western Surety Company Westfield Insurance Policy are Exhibit F Pg. 0 SPECIAL PROVISIONS 1• WORK TO BE DONE 0 A. The City of San Juan Capistrano proposes to paint 14 small, single-family homes in the historic Los Rios District. Due to the special character and historic nature of the Los Rios area, contractor should take extreme care to protect the sensitive historic features of this neighborhood. In some cases, minor repairs, not to exceed dollars, may be necessary before painting. B. These needed improvements, as well as the type of paint and colors to be used for each unit, are noted in the Schedule of Work Items. The City specifies Olympic Paints and Stains and Vista Paint Corporation as acceptable paint manufacturers. In addition, CONTRACTOR is required to adhere to the following Job Specifications. 2. PAYMENT A. Partial and final payment is subject to sections 9-3.2 and 9-3.3 of the Standard Specifications. B. Payment is authorized after a notice of completion has been filed with the City Clerk's office. -42- 0 SPECIAL PROVISIONS 3. STANDARD SPECIFICATIONS The Contractor shall perform his work in accordance with the following: a. The Uniform Building Code, 1985 Edition, as modified and adopted by the City of San Juan Capistrano, hereinafter refered to as the Building Code. b. The Standard Specifications for Public Works Construction, 1985 Edition, hereinafter refered to as the Standard Specifications. The Contractor shall maintain a copy of these books on the job - site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications, Standard Plans and Building Code shall be part of these specifications. The pro- visions of the Standard Specifications, and Building Code shall be modified as indicated below: Change 1: "Section 8 - Facilities for Agency Personnel" Delete this Section. 4. 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 Project Manager or other person(s) designated by same. 5. WATER Water will be available from the Capistrano Vally 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, 1979." -43- 0 F [' 10. 0 0 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 pro -rated to the appropriate bid items. 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. HOURS OF WORK Hours of construction will be from 8:00 a.m, to 5:00 p.m. weekdays. No work will be allowed on Saturdays or Sundays due to park usage. VEHICULAR ACCESS AND PARKING Construction vehicles shall when permitted by owner, in painted. CONTRACT TERMINATION park on surface streets or driveways of homes to be If at any time, in the opinion of the Public Works Director, Contractor fails to supply suit- able equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, appliances, and plant, and buy such additional materials and supplies at the Cotnractor's ex pense as may be necessary for the proper conduct of the work and for completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, subsititue other machinery -44- 0 0 or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City Council may annul and cancel the contract and re -let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forefeited to the City; but such forfeiture will not release the Contractor or the sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited with the amount of monies so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operation of the contract and the completion of the work by the City as pro- vided above, and the Contractor will be credited with any surplus remaining after all just claims for such completion have been paid. -45- I. STANDARD SPECIFICATIONS A. The Contractor shall perform all work in accordance with the Uniform Building Code Standards, 1482 Edition, and the job specifications listed in the following sections. II. JOB SPECIFICATIONS A. GENERAL 1. WORK INCLUDED a. Prepare surfaces which are to receive finsh. b. Finish surfaces as indicated in schedule at end of the Section. 2. DELIVERY, STORAGE, AND HANDLING a. Deliver paint materials in sealed original labelled containers, bearing manufacturer's name, type of paint, brand name, color designation and instructions for mixing and/or reducing. b. Provide adequate storage facilities. Store paint materials at minimum ambient temperature of 45° F (7° C) in well ventilated area. C. Take precautionary measures to prevent fire hazards and spontaneous combustions. 3. ENVIRONMENTAL REQUIREMENTS a. Measure moisture content of wood surfaces using an electronic moisture meter. Do not apply finishes unless moisture contents of surfaces are below follow- ing maximum: Exterior Located Wood: 10% b. Ensure surface temperatures or the surrounding air temperature is above 55° F before applying finishes. 4. EXTRA STOCK a. Leave on premises, where directed by Planning Department, not less than one new gallon of each finish color used. b. Containers to be tightly sealed and clearly labelled for identification. -46- U Job Specifications Page Two B. PRODUCTS 1. ACCEPTABLE MANUFACTURERS a. Vista Paint Corporation b. Olympic Paints and Stains 2. MATERIALS 0 a. Paint, Varnish, Stain, Enamel, Lacquer and Fillers: Type and brand listed herein manufactured by Vista or Olympic as approved by Planning Department. b. Paint Accessory Materials: (Linseed oil, shellac, turpentine and other materials not specifically indicated herein but required to achieve the finishes specified) of high quality and approved manufacturer. C. Paints: Ready -mixed with pigments fully ground maintaining a soft paste consistency, capable of being readily and uniformly dispersed to a complete homogeneous mixture. d. Paints to have good flowing and brushing properties and be capable of drying or curing free of streaks or sags. C. EXECUTION BY CONTRACTOR 1. INSPECTION a. Thoroughly examine surfaces scheduled to be painted prior to commencement of work. Report in writing to Planning Department any condition that may potentially affect proper application. b. Report in writing to the Planning Department all structural defects that may affect integrity of the paint coatings. Contractor shall not be liable for coatings failures resulting from properly reported structural defects. -47- Job Specifications Page Three 2. PROTECTION a. Adequately protect other surfaces from paint and damage. Repair damage as a result of inadequate or unsuitable protection. b. Furnish sufficient drop cloths, shields, and pro- tective equipment to prevent spray or droppings from fouling surfaces not being painted and, in particular, surfaces within storage and preparation area. C. Place cotton waste, cloths and material which may constitute a fire hazard in closed metal containers and remove daily from site. d. Remove or protect hardware, fittings operations. 3. PREPARATION electrical plates, surface and fastenings, prior to painting a. Remove mildew, by scrubbing, except where such application may harm historical features of homes, with solution of tri -sodium phosphate and bleach. Rinse with clean water and allow surface to dry completely. b. Remove dirt, powdery residue, and foreign matter from asbestos -cement siding by power washing. C. Remove surface contamination and oils from galvanized surfaces and wash with solvent. d. Remove dirt, loose paint, scale, powder, chalk and other foreign matter from concrete, concrete block surfaces, stucco and adobe which are to be painted by power wash or hand methods. Remove oil and grease with a solution of tri -sodium phosphate, rinse well and allow to thoroughly dry. e. Remove grease, rust, scale, dirt, and dust from steel and iron surfaces. Where heavy coatings of scale are evident, remove by wire brushing. Ensure steel surfaces are satisfactory before paint finishing. UM Job Specifications Page Four f. Clean unprimed steel surfaces by washing with solvent. g. Wipe off dust and grit from miscellaneous wood items and mill work prior to priming. h. Remove dust, grit, chalk and loose paint and foreign matter from exterior wood siding which is to receive paint finish by low pressure power wash and wire brushing. Take proper precautions to prevent structural damage and entry of water into living areas. 4. APPLICATIONS a. Apply each coat at proper consistency. b. Do not apply finishes on surfaces that are not sufficiently dry. C. Allow each coat of finish to dry before following coat is applied. 5. MECHANICAL AND ELECTRICAL EQUIPMENT a. Prime and paint insulated and bare pipes, conduits, boxes, insulated and bare ducts, hangers brackets, collars and supports, except where items are plated or covered with a pre -finished coating. b. Replace identification markings on mechanical or electrical equipment when painted over or spattered. C. Paint exposed conduit and electrical equipment occurring in finished areas. Color and texture to match adjacent surfaces. 6. CLEANING a. As work proceeds and upon completion, promptly remove paint where spilled, splashed, or spattered. b. During progress of work keep premises free from any unnecessary accumulation of tools, equipment, surplus materials and debris. C. Upon completion of work leave premises neat and clean, to the satisfaction of Planning Department. -49- Job Specifications Page Five 7. PAINTING AND FINISHING SCHEDULE (EXTERIOR) a. Wood Items: (siding, joists, plywood, other than trim). First Coat: Second Coat: Transparent finish: Olympic Soild Oil Stain or Vista 4000 Uniprime Olympic Overcoat or Vista 2000 Duratone 2 coats - Olympic Semi - Transparent or 2 Coats - Vista 900 Semi - Transparent NOTE: Allow 48 hour dry between coats if Olympic Solid Oil/Overcoat system is used. b. Wood Trim: (Doors, door frames, window sash and. frames, fascia, battens, etc.) First Coat: Vista 4000 Uniprime Second Coat: Olympic Overcoat or Vista 2000 Duratone C. Concrete, Concrete Block, Masonry, Stucco, Adobe, Brick: Two Coats: Olympic Overcoat or Vista 2000 Duratone d. Asbestos Cement Siding: First Coat: Vista 4000 Uniprime Second Coat: Olympic Overcoat or Vista 2000 Duratone -50- Job Specifications Page Six e. Miscellaneous Metal: (Iron and steel, control panels, doors, frames, handrails, ornamental iron, posts, rails, sash, frames and trim) First Coat: Vista 999 Metal Prime Second Coat: Olympic Overcoat or Vista 2000 Duratone f. Galvanized Metal: (Downpipes, eavestroughs, flashing, handrails, posts, etc.) First Coat: Second Coat: Vista 999 Metal Prime Olympic Overcoat or Vista 2000 Duratone END OF SECTION -51-