1981-0519_ORTEGA ROCK COMPANY_Contract125 i 14080 Po 1958
RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO
AND RETURN TO: GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano
Office of the City Clerk �z{
32400 Paseo Adelanto IC13 I ary An a over, City Clerk
San Juan Capistrano, CA 92675 City •f� an Juan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the
City Council of the City of San Juan Capistrano, California, to Ortega
Rock Company, P. 0. Box 525, San Juan Capistrano, California, 92693,
who was the company thereon for doing the following work, to wit:
MAJOR STREET REPAIRS - VIA DE AGUA
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 19th day of May 1981 , by
Resolution No. 81-5-19-4
That upon said contract the Developers Insurance Company was surety
for the bonds given by the said company as required by law.
Dated at San Juan Capistrano, California, this 19th day of
May , 19 81 .
��—
Mary Annnover, 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 19th day of May 1981
(SEAL)
wry Ann,4fahover, City Clerk of
San Jua Capistrano
.p M ppb JUN 1 '81
CITY COPY
CONTRACT
This contract is made and entered into by and between the
CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and
Ortega Rock 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 major street repairs on Via de Aqua
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. PAYTIF.NT. 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.
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 Cali-
fornia, on forms approved by City. The Performance Bond shall
be for an amount of one hundred percent (1000) 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 WAGES. Pursuant
to the Labor Code of the State of California, copies of the pre-
vailing rate of per .diem wages, as determined by the Director
of the State Department of Industrial Relations, are on file
in the office of the City Clerk, 32400 Paseo Adelanto, San Juan
Capistrano, California, and are hereby incorporated and made a
-17-
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. C014PLIANCE 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.
SAN 41UdAPISTR,1,1
NO
DATED:_ BY
TG
L. HAUSDORFE , MAYO
APPROVED AS TO FORM:
„
�Cl�TYA
TY C ER
Ortega Rock
CCNTRJICTUR
DATED:_
BY_� J
RESOLUTION, '70TICE OF COMPLETION AND FINAL REPORT -
IA DE AGUA MAJOR STREET REPAIRS (ORTEGA ROCK)
(38) Written Communications:
�/ (83) We"port T ted May 19, 1981, from the Director of Public Works
advisinq that the repairs to ci., de Agua consisting of a
drain system and overlay have teen completed to the satis-
faction of the City Engineer.
of Work:
It was moved by Councilman Hausdorfer, seconded by O:n:ncil-
man Friess that the following Resolution be adopted:
RESOLUTION NO. 81-5-19-4, C''.?LETION OF
MAJOR STREET REPAIRS - 'ITA L7 AGUA -
A RESOLUTION OF THE CL'_: OGCIL OF THE
CITY OF SAN JUAN CAPI1'-:_'.:.0, CALIFORNIA,
DECLARING WORK TO ECAS TO PLANS
AND SPECIFICATIONS FOR MAJOR STREET REPAIRS
VIA DE AGUA
The motion carried by the `^Llcwina vote:
AYES: Councilmen Friess, Suchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
The Resolution accepts the project as complete and directs
the City Clerk to forward the Notice of Completion to the
County Recorder within 10 days.
Payment status is as follows:
Total project cost: $38,039.70
Less 10% retention: 3,803.97
Total due to date: 34,235.73
Previous payments: 9,630.55
Amount due 4,605. 8
The 108 retention is payable 35 days after recordation of
the Notice of Completion; staff is authorized to make the
payments as indicated.
5/pi /3 1
AGENDA ITEM May 19, 1981
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Resolution, Notice of Completion and Final Report -Major
Street Repair -Via de Agua (Ortega Rock)
SITUATION
The repairs to Via de Aqua consisting of a drain system and overlay,
have been approved by the City Engineer and are ready for acceptance
by the City Council and recordation with the County Recorder.
FINANCIAL CONSIDERATIONS
The current payment status is as follows:
Total project cost $38,039.70
Less 10% retention 3,803.97
Total due to date 34,235.73
Previous payments 9,630.55
Amount due $24,605.18
There is $62,000 budgeted in the 1980-81 budget for Major Street Repairs.
City Council awarded this project on March 3, 1981 for $33,362.95.
ALTERNATE ACTIONS
1. Accept the project as complete.
2. Do not accept the project as complete.
3. Request further information from staff.
RECOMMENDATION
By resolution, determine that the work has been completed and declare
the work to be accepted. Direct that within ten days from the date of
acceptance a Notice of Completion be filed with the County Recorder.
The total amount of work performed under this contract is $38,039.70.
Direct staff to release the 10% retention thirty-five days after
recordation of the Notice of Completion.
Respectfully submitted,
WD.
W..D. Mur
p
WDM:MG/dll
FOR CITY COUNCIL AGENDA
r••
RESOLUT N NO. 81-5-19-4 •
COMPLETION OF MAJOR STREET REPAIRS - VIA DE
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 MAJOR STREET REPAIRS -
VIA DE AGUA
WHEREAS, on the 3rd day of March, 1981, the City of San
Juan Capistrano entered into a contract with Ortega Rock Company,
for major street repairs - Via de Aqua; 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 38,039.70.
SECTION 3. That the work is hereby accepted and
approved.
SECTION 4. It is further ordered that a "Notice of
Completion" be recorded, on behalf of the City, in the office of
the County Recorder of the County of Orange within ten (10) days
of the date of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th ..day of
May 1 1981 , by the following vote, to wit:
AYES: Councilmen Friess, Buchheim, Bland,
Hausdorfer and Mayor Schwartze
NOES: None
ABSENT: None
i
i
X
,t�ew
PHILLIP R. SCHWARTZE, MAYOR
ATTEST:
-1-
0
0
4. AWARD OF CONTRACT - VIA DE AGUA MAJOR STREET REPAIRS
(38) Written Communications:
"(83) Report dated March 3, 1981, from the Director of Public
Works, forwarding the results of the bid opening held
February 24, 1981, for an asphalt concrete overlay and sub-
surface drainage system on Via de Agua, due to heavy traffic
and high ground water conditions.
Award of Contract:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to award the contract for
major street repairs on Via de Agua to Ortega Rock Company
of San Juan Capistrano in the amount of $33,362.95, and to
reject all other bids. The Mayor and City Clerk were author-
ized to execute the contract on behalf of the City.
Mayor Hausdorfer requested that residents of the area be
notified prior to commencement of the type of work to be
undertaken.
3/3/'�Z
0 0
AGENDA ITEM March 3, 1981
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Award of Contract, Via De Agua - Major Street Repairs
SITUATION
Due to exceptionally heavy traffic and the presence of a high
ground water table, the road surface of Via de Agua, between
Camino Las Ramblas and Paseo de Brillo, is failing. To correct
this situation staff has designed an asphalt concrete overlay
and a subsurface drainage system for the street similar to others
in the City. Plans and specifications were approved by the
Council on January 6, 1981, and bids were opened February 24, 1981.
The following bids were received:
Ortega Rock Company $33,362.95
D. W. Contracting 43,709.00
Griffith Company 52,155.64
Clarke Contracting Corp. 56,378.00
Henry J. Kelly Co. 57,178.00
Reed Construction 57,621.20
Sully Miller Contracting Co. 60,375.15
T. J. Crosby Company 62,622.32
FINANCIAL CONSIDERATIONS
The engineer's estimate for the project was $32,620.00. There is
$60,000 set aside in the 1980-81 budget for major street repairs.
ALTERNATE ACTIONS
1. Accept the low responsible bid of $33,362.95 from Ortega Rock
Company.
2. Reject all bids.
3. Refer to staff for additional information.
RECOMMENDATION
By motion, award the contract for major street repairs to the low
responsible bidder, Ortega Rock Company in the amount of $33,362.95
and authorize the Mayor and City Clerk to execute the document on
behalf of the City.
Respectfully submitted,
W.D�ur h
�' P`3,C.t4 AGF�uDA o .....
P G U n C
WDM:MG/rem
DEVELOPERS INSURANCE COMPANY
P.O. Box 884
Los Alamitos, California
PERFORMANCE BOND
Bond No. 101g81
Prem. $300.00
EXECUTED IN DUPLICATE
KNOW AI.L MEN BY THESE PRESENTS: That we, OCEANA LAND, INC. DBA ORTEGA ROCK CO.,
32432 Alipaz, Suite L, San Juan Capistrano, CA 92693
(hereinafter called "Principal") as Principal, and DEVELOPERS INSURANCE COMPANY, a corygytion organized and
existing under the laws of the State of California, and authorized to transact business in the State of Ca 1 l TOrnl a
(hereinafter called "Surety"), as Surety, are held firmly bound unto CITY OF SAN JUAN CAPISTRANO
(hereinafter called "Obligee"), as Obligee, in the penal sum of THIRTY THREE THOUSAND THREE HUNDRED SIXTY TWO
ANDNO/100 --------------------------------------------------------------------------------
Dollars 1 33,362.00----1, good and lawful money of the United States of America, for the payment of which, well and truly to
be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents.
Signed, Sealed and Dated this 11th day of March 1 19 81,
Whereas, the above bounden Principal has entered into a certain written contract with the above-named Obligee, dated the
3rd day of March ,19 81 for major street repairs on Via de Agua
which contract is hereby referred to and made a part hereof as fully- and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden Principal shall well and
truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be
by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make
+ good and reimburse to the above-named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default
on the part of said Principal, then this obligation shall be void; otherwise to be and remain in full force and effect.
H
Foam D1 C3A
OCEANA LAND, INC. DBA ORTEW ROCK. CO.
Principal
By:
DEVELOPERS INSURANCE OMPANY
Surety
By � ti
Attorney -in -Fact
Larry . Anderson
State of CALIF.
�°°°ty °t ORANGE
On MAR 111981 , before me, a Notary Public in and for mid County and State, residing
therein, duly commwwned and swam, personally appeared
LARRY R. ANDERSON
known to me to be Attorney-in-FAct of DEVELOPERS INSURANCE COMPANY
the corporation described in and that executed the within and foregoing Instrument, and known to me to be the person who executed the
said instrument In behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same,
IN WITNESS WHEREOF, I have hereunto set my tared and affhned my official Beal, the day and year stated in this certificate above.
-------------------
OFFICIAL SEAL n
M Aw C. iOML!FOR / l »C GrirC�r �lU
NOTARY PURIiC fAI!iORNIA
My CommisNon Expires Ipfj - ✓d
ORANGE COUNTY Notary Public
3602116-66 My Commissars Esp, Feb, l0, 1964
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ANVJWOD UNVEMNI S2I3d0'IRAHO
S)IHOM OI'IHfld — QNOH IN3Ygl d
state of CAIIF.
County of ORANGE m.
On MMI"• 111981
therein, duly commissioned and sworn, personally appeared
before me, a Notary Public in and for aid County and State, residing
LARRY R. ANDERSON
known to me to be Attorney-inFact of DEVELOPERS INSURANCE COMPANY
the corporation described in and that executed the within and foregoing Instrument and known to me to be the person who executed the
said instrument in behalf of the mid corporation, and he duly acknowledged to me that such corporation executed the same.
IN W171NESS WHEREOF, 1 have hereunto set my land and affixed my official seal, the day and year stated in this certificate above.
OFFICIAL SEAL,
MERRIE C. TOMLINSON
MY Commission E%piteaNOTARY PUBLIC - I—. -CALIFORNIA
PA OU«+ANCExCp Feb.NTY Notary Public
3602126.66
gm—
l Cemtttispon Exp. Feb.10.1900
41
GENERAL
POWER OF DEVELOPERS INSURANCE COMPANY
ATTORNEY LOS ALAMITOS, CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS: That DEVELOPERS INSURANCE COMPANY, a corporation, duly organized and existing under the
laws of the State of California, and having its Home Office in the City of Los Alamitos, California, has made, constituted and appointed and, does by these
presents make, constitute and appoint
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, placeand stead, to execute, seal, acknowledgeand deliverany
and all bonds, undertakings, recognizances or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation
and duly attested by its Secretary, hereby ratifying and confirming all that the said Atiorney(s)-in-Fact may do in the premises.
This Power of attorney is granted pursuant to Article IV, Section I I and 12 of By-laws of DEV ELOPERS INSURANCE COMPANY adopted on the 30th
day of March, 1979. and now in full force and effect.
Article IV, Appamment and Authority of Resident Assistant Secretaries, and Attorney -in -Fact and agents to accept Legal Process and Make Appearances.
Section I I . The Chairman of the Board, the President, any Vice President, any Secretary or any Treasurer may appoint attorneys -in -fact or agents with power a nd authority,
as defined or limited in their respective power of attorney, for and on behalf of the corporation to execute and deliver, and affix the seal ofthe corporation thereto, bonds,
undertakings, recognizances, consents of surety or other written obligations in the nature thereofand any ofsmd officers may remove such attorney-orfact or agent and revoke
the power and authority given to him.
Section 12. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be va lid and binding upon the corporation when signed by
the Chairman of the Board. the President. any Vice President or any-1-reasurcr and duly attested and sealed, if a seal a required, by any Secreta ry or when signed by the Chairman
of the Board, the President,a nd Vice President or any Treasurer and countersigned and sealed, da seal is required, Eva d my a uth.oled attorney-in-fact or agent and any suc h
bond, undertaking, recognizance, construct surety or written obluctio n m the nature t hereof shall be sand and binding upon the corporation when duly executed and sealed, if a
seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their powers of attorney.
I his power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of DEVELOPERS
INSURANCE COMPANY at a meeting duly called and held on the 14th day of January, 1980, and that said Resolution has not been amended or repealed'.
"RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or certificate bearing such facsimile signature or
facsimile seal shall be valid and binding upon the Corporation."
IN WITNESS WHEREOF, DEVELOPERS INSURANCE COMPANY has caused these presents to be signed by its Secretary, and its corporate seal to be
hereunto affixed this 14th day of January, 1980.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
DEVELOPERS INSURANCE COMPANY
By
Paul E. Griffin, Jr., Secretary
On this 14th day of January, 1980, before me personally came Paul E. Griffin, JT., to in known, who being by me duly sworn, did depose and say; that he is
Secretary of DEVELOPERS INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of
said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation
and that he signed his name thereto by like order.
OFFICTAL SEAL.
a� MARY ROSEN 11
6-'-,�;Y^ NOTARY PUBLIC - CALIFORNIA li
4,, a LOS ANGELES COUNTY
My comm, expires SEP 6, 1981
19436 Ventura Boulevard, Tarzana, CA 91356
CERTIFICAIF
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
�147Mary Rosen, Notary Public
1 the undersigned Vice -President of DEVELOPERS INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY CERTIFY that the
foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore that Article IV, Sections I I and 12 ofthe By-
laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force.
Signed and sealed at Los Angeles, California, this 11 tbby of March 1 1981.
p
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._� %DE A -60A
BIDDER
AMOUNT
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-7, J -le
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Gl,l� %�(, J///l-�llll/G fJ �l�llllld
I 32600 PASEO AGE LAN TO
SAN JUAN CAPISTRANO, CALIFORNIA 9Z675
PHONE 093.1171 ✓�
January 16, 1981
ADDENDUM NO. 1
TO
PLANS, SPECIFICATIONS, SPECIAL PROVISIONS
AND CONTRACT DOCUMENTS FOR
MAJOR STREET REPAIRS - VIA DE AGUA
Please add the following to the Special Provisions:
Page 24, Bid Item 1 - Drain
The work for this bid item also includes the construction of
cleanouts per plan and Special Provisions for the construction
of sanitary sewers, Sail Juan Capistrano, California.
CITY ENGINEER'S OFFICE
City of San Juan Capistrano
Aldxllorolm
Mark Gibson
Assistant Civil Engineer
MG/pjs
B I D P R O P O S -A L
For the:
To the Honorable City Council
City of San Juan Capistrano
Gentlemen:
r
From: L1,CjL4jv,.
V• or
V. Ouar
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:
s 33_
369,
—figures
Said amount to include and cover all taxes, the furnishing
of all materials, the performing of all the labor requisite or
proper and the providing of all necessary machinery, tools, ap-
paratus, and other means of construction; also, the performance
and completion of all the work in the manner set forth, described
and shown in the Specifications or the drawings for the work.
If the contract is awarded, the undersigned agrees to enter
into a contract with the City and to commence work within fifteen
(15) calendar days from the date of execution thereof-, and to
diligently prosecute the work to completion before the expiration
of 60 days.
-4-
All bids are to be computed on the basis of the given
Estimated Quantities of Work, as indicated in this proposal,
times the unit prices as submitted by the bidders. In case of
discrepancy between words and figures, the words shall prevail.
In case of discrepancy between unit prices and the extension
thereof, the unit price shall prevail and bids will be computed
as indicated above and compared on the basis of corrected totals.
The estimated quantities of work indicated in this proposal
are approximate only, being given solely as a basis for comparison
of bids. It is understood that the City does not expressly nor
by implication agree that the actual amount of work will corres-
pond therewith, but reserves the right to increase or decrease
the amount of any item or portion of the work or to omit portions
of the work as may be deemed expedient by the Engineer.
It is also understood by Bidder that the City of San Juan
Capistrano has the right to reject this proposal or to award a
contract to the undersigned at the prices stipulated. If the
proposal is rejected, then 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 Rte, is an _ _ (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 (102) of the total bid.
The following is the name and place of business of the surety
company which will furnish the required bonds as surety if the
work is awarded to the undersigned:
-5-
Licensed in accordance with an act providing for the registration
of contractors -- License No. n� -,# -# 39S !2 S
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:
T
Business Address
Phone Number
Further, the undersigned bidder certifies that he has
thoroughly checked the figures set forth in this proposal, that
they are correct to the best of his knowledge and that they
constitute his proposal for the work called out herein.
--2�) ��- Cl- Z-.2 � /,I?-/Slgnacurd/o£ Bidder Date
Phone Number
I.
SCHEDULE OF WORK ITEMS
At APPROX. WORK ITEM WITII UNITS
QUANTITY (PRICE WRITTEN IN WORDS)
UNIT PRICES TOTAL
(IN FIGURES) AMOUNT
2269 LF Furnish and install drain for
the unit, pr �of
B So _s
dollars pr lineal foot. , S
267 Tons Construct 2" asphalt concrete
overlay for the unit price of
1 7, 5`D
dollars per ton. 37. SD ®o
4 EA Construct junction structure
Type VI'for theo4nit price of
'7aD n_
dollars each.
LS Construct curb and spandral
for the lump sum price of
dollars.
3 EA Raise manhole covers to grade
for the unit price of
dollars each.
TOTAL
_qJ,
C-
-6a-
NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
County of /�2.���, �,� ) ss.
-JA-0_/J , being first duly
sworn deposes and lVays that he is ��� of
the
party making the foregoing bid; that such gid is not made in the
interest of or on behalf of any undisclosed person, partnership,
company, association, organization, or corporation; that such bid
is genuine and not collusive or sham; that said bidder has not
directly or indirectly induced or solicited any other bidder to
put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or any-
one else to put in a sham bid, or that any one shall refrain from
bidding; that said bidder has not in any manner, directly or
indirectly, sought by agreement, communication 'or conference with
any one to fix the bid price of said bidder or of any other bid-
der, or to fix the bid price of or cost element of such bid price,
or of that of any other bidder, or to secure any advantage
against the public body awarding the contract of any one inter-
ested in the proposed contract; that all statements contained in
such bid are true; and further, that said bidder has not directly
or indirectly, submitted his bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative
thereto, or paid and will not pay any fee in connection there-
with, to any corporation, partnership, company, association,
organization, bid depository, or to any member or agent thereof,
or to any other individual except to any person or persons as
have a partnership or other financial interest with said bidder
in this general business.
-7-
ON
before me, the undersigned, a Notary Public in
and for said State, personally appeared 'jam"/'�p 2--, pc/' -5
to be the person whose name / -5w
subscribed to the within Instrument, and acknowledged to me
that he executed the same.
OFFICIAL 11111
PATRICK J. VANCE
WI ESS my h d and official seal.. NOTARY Pu9uC-CALIFORNIA
1111/ my co llla it Oto Ot411p county
My Cnmmlatlon Esp. Jan. 1.1984
Notary/ublic in and for said State.
Mc
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.
PHONE NO.
AUTHORIZED SIG TUBE
-9-
}
V
BID BOND
Bond No. 101713-3
Premum included in B.B.S.0
KNOW ALL MEN BY THESE PRESENTS, that we OCEANA LAND INCORPORATED
DBA: ORTEGA ROCK CO. , as Principal, and ?RH Ki OMP Ny existing
under the laws of the State of California and whose principal
office is located in the City of Los Alamitos as surety are jointly
and severally bound unto theCITY OFN APC�7UA�1 Cpp15TRAN0 of Orange
County, California, In the Sum Of TOTAL AMOUNT BIDINf----
-- 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, 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 February 24
19 gl . for construction of Mal or street repairs via De A ua for t
CITY OF SAI JUAN CAPISTRANO, Orange County, Cali ornia.
NOh, THEREFORE, if the Principal shall not withdraw said bid
within thirty- (30) day_ ;:r i�ie opening of same, and shall within fif-
teen (15) days after the agreement has been presented to him for execu-
tion 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 withdrawl of said bid within the per-
iods 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 ex-
cess 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 19th day of February ,
' 19 81, 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.
OCEANA LAND INCORPORATED
Two Witnesses (if individual) DBA: ORTEGA ROCK CO.
PRINCIPAL
By
ATTEST (if corporation //�
Title I `2L1
Title
Corpo'rat -Seal
ATTE
Title 9 �
Corporate Seal
DEVELOPERS. INSURANCE COMPANY
By 1 I,_
Larry Anderson,
Title Atto ep-in-Fact
State of CALIF.
�'ty� ORANGE
On FEB 9. f�
therem, duly commission end sw ]personally appeared
Larry R. Anderson
before me, a Notary Public in and for mid County and State, rmdug
known to me to be Attorney-m-Frct of DEVELOPERS INSURANCE COMPANY
the corporation described in and that executed the within and folegoun instrument, and known to me to be the person who executed the
said instrument in behalf of the mid corporation, and he duly acknowledged to me that such corporation executed the mine.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official mal, the day and year stated in this certificate above.
OFFICIAL SEAL
MERRIEC.IC CALIFORNIANSON
NO
IARV PUBJC CALIFORNIA
My Commission Expires
E IN
ORANGE COUNTY
360212666'et „_�;, p1v Cralmissmn Exp. Feb. 10, 1984 Notary Public
- GENERAL
POWER OF DEVELOPERS INSURANCE COMPANY
ATTORNEY LOS ALAMITOS, CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS: That DEVELOPERS INSURANCE COMPANY, a corporation, duly organized and existing under the
laws of the State of California, and having its Home Office in the City of Los Alamitos, California has made, co [iruled an app nted and/does by these
presents make, constitute and appoint Russell P. Tomlinson, Albert H. Brunet, Rarcus green
Stephen A. Spagnolo and Larry R. Anderson jointly or severally
its true and lawful Attorney(s)-in-Fact, with full powerand authority hereby conferred in its name, placeand stead, to execute, seal, acknowledgeanddeliverany
and all bonds, undertakings, recognizances or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the sa me extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation
and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article IV, Section I I and 12 of By-laws of DEVELOPERS INSURANCE COMPANY adopted on the 30th
day of March, 1979, and now in full force and effect.
Article IV, Appointment and Authority of Resident Assistant Secretaries, and Attorney -in -Fact and agents to accept Legal Process and Make Appearances.
Section I I . l'he Chairman of the Board, the President, any Vice President, any Secretary or any I reasurer may appoint attorneys -in -fact or agents with power and authority,
as defined or limited in their respective power of anorney, for and on behalf of the corporation to execute and deliver, and affix the seal of the corporation thereto, bonds,
undertakings, recognizances, consents of surely or other written obligations in the nature thereof and any of said officers may remove such attorney-in-fact or agent and revoke
the power and authority given to him.
Section 12. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be validand binding upon the corporation when signed by
the Chairman of the Board, the President, any Vice President or any T reasoner and duly attested and sealed, if a seal is required, by any Secretary or when signed by the Chairman
of the Board, the President, and Vice President crony Treasurer and countersigned and sealed, if a seal is required, by a duly a uthorized attorney-in-fact or agent and any such
bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and hine i ng upon the corporation when duly executed and sealed, if a
seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their powers of attorney.
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of DEVELOPERS
INSURANCE COMPANY at a meetingduly called and held on the 14th day of January, 1980, and that said Resolution has not been amended or repealed.
"RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or certificate bearing such facsimile signature or
facsimile seal shall be valid and binding upon the Corporation."
IN WITNESS WHEREOF, DEVELOPERS INSURANCE COMPANY has caused these presents to be signed by its Secretary, and its corporate seal to be
hereunto affixed this 14th day of January, 1980.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
DEVELOPERS INSURANCE COMPANY
By
Paul E. Griffin, Jr., Secretary
PROOF OF PUBLICATION
(2015.6 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
City of San Clemente
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above -entitled matter. I am the principal
clerk of the printer of the San Clemente Sun -Post
a newspaper of general circulation printed and
Published ..........DA..............ILY
....................... in the City of San Clemente
County of Orange, and which newspaper has been
adjudged a newspaper of general circulation by
the Superior Court of the County of Orange, State
of California under the date of March 11, 1560,
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:..........
January 23 and 29
---1-----------............................__..............._..
all in the year 19_81
I certify (or declare) under penalty of perjury
that the foregoing is true and correct.
Dated at San Clemente, California, this
29 day of ...... Janua.rx.......... _........ . 19......$1
.
' Signature
SAk, CLEMENTE PUBLISHING CORP.
1542 North El Camino Real - P.O. Box 367
San Clemente, Calif. 92672 - Phone 714392-5121
This space I the Conuty Clerk's Yllins Stamp
RECEIVED
Fee 2 2 15 P4'81
CIT'f OF
+SAN JUAN
Proof of Publication of
NOTICE INVITING BIDS
NOTICE OF TRANSMITT*- LEGAL PUBLICATIONS
TO: DAILY SUN -POST
Helen Nielsen, Legal
FOR PUBLICATION ON:
DOCUMENT(S) TO BE PUBLISHED:
0
FRIDAY, JANUARY 23, 1981 and
FRIDAY, JANUARY 30, 1981
NOTICE INVITING BIDS -
MAJOR STREET REPAIRS -
VIA DE AGUA
PROOF OF PUBLICATION: Please send to:
Office of the City Clerk
City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AUTHORIZED BY:
DATE: January 6, 1981
r
Date of
Bid
Opening
2/24/81
Date(s)
notice
published
1/23/81 and 1/30/81
Date affidavit received
Date notice posted in
designated posting places (3) 1/23/81
Date notice(s) posted on property n/a
Date of mailing notices
to property.owners n/a
NOTICE INVITING BIDS
MAJOR STREET REPAIRS - VIA DE AGUA
Notice is hereby given that the City of San Juan
Capistrano will receive sealed proposals or bids for the
Via deAgua Major Street Repairs
until 2:00 P.M. on the 24th day of February 1981
A pre-bid conference is scheduled at 10:00 A.M. on
the 11th day of February , 1981 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 $5.00 charge for
postage and handling on all plans and specifications mailed.
Dated: January 6, 1981
ITY CLERX
CITY OF SAN 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 24th day of Feb. , 1981,
receive sealed proposals or bids for the Major Street Repairs -
Via de Aqua , 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
11th day of Feb., 1981, at the City offices. The con-
tractor shall have the opportunity for clarification or interpre-
tation of any point or points of question within the plans and
contract documents or specifications. It is the contractor's
responsibility to be in attendance at this conference to receive
any information disclosed during the proceedings, for the City
shall not disseminate any records of the conference. Exclusive
of written addendums and this pre-bid conference, the City shall
not be responsible for any instructions, explanations, or inter-
pretation of the plans, specifications, and contract documents
presented to the bidders in any manner.
- 1 -
• �.
The successful. bidder, simultaneously with the execution
of the contract, will be required to furnish a Faithful Perfor-
mance Bond equal in the amount of one -hundred percent (1008) of
the contract price.
The City Council reserves the right to reject any and all
bids received and to compare the relative merits of the respective
bids and to choose that which in the opinion of said City will
best serve the interests or needs of said City.
A time limit of sixty (60) days has been
set for the completion of the work, from the date of execution
of the contract.
BIDDERS ARE HEREBY NOTIFIED THAT, Pursuant to the Labor
Code of the State of California, copies of the prevailing rate
of per diem wages, as determined by the Director of the State
Department of Industrial Relations, are on file in the office of
the City Clerk and shall be made available to any interested _arty
on request.
Copies of Plans and Specifications one on file in the office
of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto,
San Juan Capistrano, California. Copies of the plans and speci-
fications for use in preparing bids may be obtained at the office
of the City Clerk, San Juan Capistrano, at the address shown
above. One set of plans and specifications is available for each
general contractor proposing to submit a bid for said work. A
charge in the amount of $10, 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.
Each bidder shall state the California Contractor's License .
number of such bidder so bidcling, as no bid will be acceptdd from
a Contractor who has not been licensed in accordance with the
provisions of the laws of the State of California relating to the
licensing of Contractors.
-2-
This tlotice is hereby given and published by order of the
City Council of the City of San Juan Capistrano, and is dated
this 5th _ day of January, 1981
CITY CLEJiM
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
-3-
0 0
2. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
CALL FOR BIDS - MAJOR STREET REPAIRS - VIA DE AGUA
(38) Written Communications:
x/(83) Report dated January 6, 1981, from the Director of Public
Works advising that due to ground water and unexpected heavy
traffic, Via de Agua, between Camino Las Ramblas and Calle
Bonanza is in need of major street repairs including an
overlay and drainage system. The Engineer's estimate for the
project is $32,620.00; the sum of $60,000.00 is allocated in
- the 1980-81 Budget for this purpose.
Approval of Plans/Call for Bids
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim andunanimouslycarried to approve the plans and
specifications for major street repairs, Via de Agua, and to
authorize staff to advertise for bids.
& P�
AGENDA ITEM January 6, 1981
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Approval of Plans and Specifications and Authorization
to Call for Bids - Major Street Repairs - Via de Agua
SITUATION
Due to ground water and unexpected heavy traffic, Via de Agua,
between Camino Las Ramblas and Calle Bonanza is breaking up.
Staff has designed an overlay and drainage system to correct
the problem.
FINANCIAL CONSIDERATIONS
The Engineer's estimate for the project is $32,620.00. There is
$60,000.00 set aside in the 1980-81 Budget for Major Street
Repairs.
ALTERNATE ACTIONS
1. Approve the Plans and Specifications and authorize staff to
advertise for bids for major street repairs, Via de Agua.
2. Do not approve the Plans and Specifications.
3. Request further information from staff.
RECOMMENDATION
By motion, approve the Plans and Specifications and authorize staff
to advertise for bids for major street repairs, Via de Agua.
Respectfully submitted,
W4W. D. Murp
WDM:MG/P3s
FOR CITY COUNCIL AGENDA 1„%
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-
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
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.
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1.
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 sixty
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0
(60 ) 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.
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NOTICE INVITING BIDS
Public notice is hereby given that the City of San Juan
Capistrano will up to 2:00 p.m. on the 24th day of Feb. , 1981,
receive sealed proposals or bids for the Major Street Repairs -
Via de Aqua , 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
11th day of Feb. , 1981, 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 addendum8 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.
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0
The successful bidder, simultaneously with the execution
of the contract, will be required to furnish a Faithful Perfor-
mance Bond equal in the amount of one -hundred percent (100%) of
the contract price.
The City Council reserves the right to reject any and all
bids received and to compare the relative merits of the respective
bids and to choose that which in the opinion of said City will
best serve the interests or needs of said City.
A time limit of sixty (60) days has been
set for the completion of the work, from the date of execution
of the contract.
BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor
Code of the State of California, copies of the prevailing rate
of per diem wages, as determined by the Director of the State
Department of Industrial Relations, are on file in the office of
the City Clerk and shall be made available to any interested party
on request.
Copies of Plans and Specifications one on file in the office
of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto,
San Juan Capistrano, California. Copies of the plans and speci-
fications for use in preparing bids may be obtained at the office
of the City Clerk, San Juan Capistrano, at the address shown
above. One set of plans and specifications is available for each
general contractor proposing to submit a bid for said work. A
charge in the amount of $10, 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.
Each bidder shall state the California Contractor's License
number of such bidder so bidding, as no bid will be acceptdd from
a Contractor who has not been licensed in accordance with the
provisions of the laws of the State of California relating to the
licensing of Contractors.
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This Notice is hereby given and published by order of the
City Council of the City of San Juan Capistrano, and is dated
this 5th day of January, 1981
CITY CLFtRlk
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
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TABLE OF CONTENTS
Title
Page
CONTRACT DOCUMENTS
NOTICE INVITING BIDS . . . . . . . . . . .
. . . 1-3
BID PROPOSAL . . . . . . . . . . . . . . .
. . . 4-6
SCHEDULE OF WORK ITEMS . . . . . . . . . .
. . . 6a
NON -COLLUSION AFFIDAVIT . . . . . . . . .
. . . 7-8
DESIGNATION OF SUB -CONTRACTORS . . . . . .
. . . 9
INSTRUCTION TO BIDDERS . . . . . . . . . .
. . . 10-15
CONTRACT . . . . . . . . . . . . . . . . .
. . . 16-18
BID BOND (SAMPLE) . . . . . . . . . . . .
. . . 19
FAITHFUL PERFORMANCE BOND (SAMPLE) . . . .
. . . 20
LABOR AND MATERIAL BOND (SAMPLE) . . . . .
. . . 21-22
SPECIAL PROVISIONS
WORK TO BE DONE . . . . . . . . . . . . . . . . 23
STANDARD SPECIFICATIONS . . . . . . . . . . . . 23-24
TERMS DEFINED . . . . . . . . . . . . . . . . . 24
SPECIAL PROVISIONS OF ITEMS OF WORK, MATERIALS
AND METHODS OF CONSTRUCTION . . . . . . . . . . 24-25
MISCELLANEOUS . . . . . . . . . . . . . . . . . 26
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY k
STATE OF CALIFORNIA`
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR MAJOR STREET REPAIRS
VIA DE AGUA
CITY COUNCIL
GARY L. HAUSDORFER, MAYOR
ANTHONY BLAND PHILLIP R. SCHWARTZE
LARRY BUCHHEIM
KENNETH E. FRIESS
W. D. MURPHY
DIRECTOR OF PUBLIC WORKS
February 1981
SPECIAL PROVISIONS
1. Work to be Done
The work to be done consists of construction of a drainage
system, placement of an asphalt concrete overlay, raising
existing manholes to the new grade, removal and reconstruction
of some curb and gutter and spandral and all other appurtenant
work as shown on the plans or included in the specifications.
Standard Specifications
The contractor shall perform his work in accordance with the
Standard Specifications for Public Works Construction, 1979
Edition, hereinafter referred to as tnee Standard Specifications.
The contractor shall maintain a copy of this book on the job
site at all times. The provisions of 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 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 amounts 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
The contractor shall likewise obtain public liability and
property damage insurance to cover vehicles used or main-
tained by him, whether on or off the premises, with
liability limits of not less than $500,000, for any one
person, and $500,000, for any one accident, and property
damage of $500,000. The insurance amounts set forth herein
are the minimum amounts required by the City. Other
agencies with which the contractor may be involved in the
accomplishment of the work may require greater amounts.
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The City will not recognize any claim for additional com-
pensation because of the requirement for greater amounts
of insurance, as an element to be considered by the con-
tractor 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
wherever appropriate.
BOARD shall mean the City Council of the
City of San Juan Capistrano.
ENGINEER shall mean City Engineer or other person(s)
designated by same.
Special Provisions of Items of Work, Materials and Methods of
Construction
A. Bid Items
BID ITEM 1 - Drain
The work for this bid item shall include removal of asphalt
concrete, excavation, placement of filter fabric and slotted
corregated metal pipe and backfilling and all other appurtenant
work as shown on the plans or included in the specifications.
Filter fabric shall be Phillips "Supac" or equivalent as
approved by the engineer. Pipe shall be 6 inch diameter, 16
gauge corregated steel pipe per Section 207-11 of the Standard
Specifications or Schedule 40 Polyvinyl Chloride per 207-16
of the Standard Specifications. ASSHO Specification M36 shall
be used to determine number of perforations. Backfill shall
be 3/8" crushed rock per Section 200-1.2 of the Standard
Specifications, to 8 inches beneath finish surface, and a 6
inch layer of crushed aggregate base per Section 200-2.2 of
the Standard Specifications. The methods of construction and
basis of payment for this bid item shall conform to Section
306-1 of the Standard Specifications.
BID ITEM 2 - Asphalt Concrete Overlay
The work for this bid item shall include placement of 2 inches
of asphalt concrete over the drain, and placement of a 2 inch
asphalt concrete overlay and all other appurtenant work as
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shown on the plans or included in the Orange County
Environmental Management Agency Special Provisions for
asphalt concrete (Resolution 79-1725). Grading shall be
�" III -C-3 with an asphalt content of 5.90. A tack
coat per OCEMA Special Provisions will be required. A
seal coat is not required.
BID ITEM 3 - Junction Structure Type VI
The work for this bid item includes joining the 6 inch CMP
to the mainline storm drain with a Type VI Junction
Structure per Orange County Environmental Management Agency
Standard Plan 315 and all other appurtenant work as shown
in the plans and included in the Specifications. Cement
Mortar shall be Class C per Section 201-5 of the Standard
Specifications.
BID ITEM 4 - Curb and Spandral
The work for this bid item includes removal of the existing
curb, sawcutting and removal of asphalt concrete, forming
and pouring of PCC curb, gutter and spandral, feathering of
asphalt concrete and all other appurtenant work as shown on
the plans or included in the Specifications. Removal of
asphalt concrete and existing curb and gutter shall be per
Section 300-1 of the Standard Specifications. Portland
Concrete Cement shall conform to Section 201-1 and be
Class 520-C-2500. Agphalt concrete shall be per bid item 2
with a 2 foot feather. Construction for this bid item
shall be per Sections 300-1 (Removal of Asphalt Concrete)
and 303-5 of the Standard Specifications on Standard Plan
201 of the Orange County EMA (Curb, Gutter and Spandral).
BID ITEM 5 - Manhole Covers
The work for this bid item includes raising of sewer rings
and manhole covers to final grade and all other appurtenant
work as shown on the plans or included in the Specifications
in the area of the asphalt concrete overlay. Construction
shall conform to Sections 301-1.6 and 302-5.7 of the Standard
Specifications.
B. Payment
Full compensation for all labor, material, tools and equipment
for the above items of work and all other appurtenant work
as shown on the"plans or included in the Specifications shall
be included in the lump sum or unit price bid and no
additional compensation will be made.
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5. Miscellaneous
A. 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.
B. Protection of Existing Utilities
The engineer has endeavored to show all existing utilities.
The contractor must, however, take all due precautionary mea-
sures to protect all of the existing utilities.
C. Protection of Private Property
The contractor must remain within the construction zone to the
best of his ability. The contractor must protect all exist-
ing private property.
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