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1981-0505_TIGHT SPOT, INC._ContractRECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 22421 41 BK 14061 Pu 1935 EXEMPT RECORDING FEES EXEMPT DUE TO C2 GOVERNMENT CODE SECTION 6103 NOTICE OF COMPLETION Mary AnrY anover, City Clerk City of San Juan Capistrano, CA NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Tight Spot, Inc., P. O. Box 2205, Mission Viejo, California, 92690, who was the company thereon for doing the following work, to wit: CHANNEL REPAIR AT SAN JUAN CREEK TO SAN JUAN CREEK ROAD - LO1S09 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 5th day of May , 19 81, by Resolution No. 81-5-5-5 That upon said contract the Surety Insurance Company of California was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 5th day of May , 19 81 . arM y Ann � over, City Clerk 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 5th day of May 19 81. COROED IN OFFICIAL RECORDS AL) OF ORANGE COUNTY, CALIFORNIA Mary Ann over, City Clerk of -1 so PM MAV 18 '8 � San Juan apistrano CONTRACT , This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and Tight Spot Inc 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 channel repair at San'Juan Creek to San Juan Creek, Road (LO1S09) in strict confor- mity with the Plans, Specifications and all other contract docu- ments, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. -16- FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be im- practicable and extremely difficult to fix the actual amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) a day, for. .each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR. AND N'.ATERIAL BOND. Contractor agrees to furnish bonds guaranteeing the performance of this con- tract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of Cali- fornia, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete per- formance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after com- pletion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidential to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the pre- vailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a -17- 0 0 part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified pre- vailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR agrees to carry Public Liability, Property Damage, and Workmen's Compensation Insurance in amounts as required by the Specifications. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAI! 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 }n the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calen- dar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. INWITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. DATED: APPROVED AS TO FORM: p CITY ATTORNEY v DATED. —:�7> - ( 1 -- �—t -18- 0 0 6. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - CHANNEL REPAIR AT SAN JUAN CREEK (TIGHT SPOT, INC.) (38) Written Communications: (80) Report dated May 5, 1981, from the Director of Public Works stating the completion of installation of rip -rap in the La Novia Channel (LOlS09) between San Juan Creek and San Juan Creek Road. Acce tance of Work: TUC o lowing Resolution was adopted: RESOLUTION NO. 81-5-5-5, COMPLETION OF CHANNEL REPAIR AT SAN JUAN CREEK TO SAN JUAN CREEK ROAD L01SO9 - 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 CHANNEL REPAIR AT SAN JUAN CREEK TO SAN JUAN CREEK ROAD - LO1SO9 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: $4,474.74 Less 108 retention: 447.47 Total due: 4,027.27 Previous payments: -0- Amount Due this Payment $4,027.27 The 108 retention is payable 35 days after recordation of the Notice of Completion; staff is authorized to make the payments as indicated. SlS /F I 0 0 AGENDA ITEM May 5, 1981 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Final Report - Channel Repair at San Juan Creek to San Juan Creek Road L01SO9 SITUATION The installation of rip -rap in the La Novia Channel (LO1SO9) between San Juan Creek and San Juan Creek Road has been completed to the satisfaction of the City Engineer and is 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 $ 4,474.74 Less 10% retention 447.47 Total due to date 4,027.27 Previous payments -0- Amount due $ 4,027.27 This work has been funded by the Federal Emergency Management Agency (FEMA.) The City Council awarded this project on March 3, 1981 in the amount of $4,474.74. 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 the contract is $4,474.74. Direct staff to release the 10% retention thirty five days after the recordation of the Notice of Completion. Respectfully submitted, W. D. Murp y WDM : MGA rem,. , T _ i Encls. FQF2 CIT i�,)l,P�����,'��a�PJDA .......... RESOLUTION NO. 81-5-5-5 • COMPLETION OF CHANNEL REPAIR AT SAN JUAN CREEK TO SAN JUAN CREEK ROAD - LO1S09 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 CHANNEL REPAIR AT SAN JUAN CREEK TO SAN JUAN CREEK ROAD - LO1S09 WHEREAS, on the 3rd day of March, 1981, the City of San Juan Capistrano entered into a contract with Tight Spot, Inc., for channel repair at San Juan Creek to San Juan Creek Road - LO1S09; 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 $4,474.74. 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 5th day of May 1981 , by the following vote, to wit: AYES: Councilmen Friess, Bland, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: Councilman Buchheim PHILLIP R. SCHWARTZE, MAYO ATTEST: Gly l , /729�GC-t/ ITY CLER -1- STATE OF CALIFORNIA ) ,COUNTY OF ORANGE 0 ) ss. • CITY OF SAN JUAN u,.PISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 81-5-5-5 , adopted by tl:e City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 5th day of May 1 1981 . (SEAL) MARY ANN,,HANOVER; CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 79-2-21-7 and on the day of , she caused to be posted: RESOLUTION NO. 81-5-5-5 being: COMPLETION OF CHANNEL REPAIR AT SAN JUAN CREEK TO SAN JUAN CREEK ROAD - LO1S09 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 CHANNEL REPAIR AT SAN JUAN CREEK TO SAN JUAN CREEK ROAD - LOIS09 in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The San Juan Hot Springs Dance Hall; The Orange County Public Library. RMARY O� City Clerk San Juan Capistrano, California -2- 2. AWARD OF CONTRACT - CHANNEL REPAIR AT SAN JUAN CREEK TO SAN JUAN CREEK ROAD (38) Written Communications: .x(80) Report dated March 3, 1981, from the Director of Public Works, forwarding the results of the bid opening held February 23, 1981, for the San Juan Creek/La Novia storm drain channel repairs. Award of Contract: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to award the contract for channel repair at San Juan Creek to San Juan Creek Road to Tight Spot, Inc., of Laguna Hills, in the amount of $4,474.74, and to reject all other bids. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 3/3/g 1 AGENDA ITEM March 3, 1981 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract - Channel Repair at San Juan Creek to San Juan Creek Road SITUATION At Council's direction bids for repairing the San Juan Creek Road and La Novia Road storm drain channel were received and opened on Monday, February 23, 1981 in the Council Chambers. The results of the bids were as follows: Clarke Construction $8,860.00 Hillside Repair, Inc. 5,683.86 Holmes and Trott 6,420.00 Oceans. Land, Inc. 6,620.00 Tight Spot, Inc. 4,474.74 All bids have been determined to be acceptable. FINANCIAL CONSIDERATIONS This project was assessed last year by FEMA personnel and determined to be related to the heavy storms and therefore eligible for financial assistance. The City is in receipt of those funds at this time. $5,000.00 has been allocated for this work through the grant. ALTERNATE ACTIONS 1. Accept the bids as complete as submitted and award the contract for the San Juan Creek/La Novia storm drain channel (L01S09) repairs to Tight Spot, Inc. for $4,474.74. 2. Do not accept the bids. 3. Refer back to staff for additional information. FOR QTY AGENDA 0 • Agenda Item Channel Repair at San Juan Creek March 3, 1981 Page 2 RECOMMENDATION By motion, accept the bids as complete as submitted and award the contract for the San Juan Creek/La Novia storm drain channel (LO1S09) repairs to Tight Spot, Inc. for $4,474.74. Authorize the Mayor and City Clerk to execute the document. Respectfully submitted, W. W. D. Murph urph WDM:CSF/pjs w Surel'! Jnmrance L'oApany 06 CaUtornia PUBLIC WORKS PERFORMANCE BOND BOND NO. 520072 KNOW ALL MEN BY THESE PRESENTS: That we, TIGHT SPOT, INC. 22981 TRITON WAY SUITE "D" LAGUNA HILLS, CALIFORNIA 92630 as Principal, and Surety Insurance Company of California, a corporation organized and existing under the laws of the State of California, authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the SUM Of FOUR THOUSAND FOUR HUNDRED SEVENTY-FOUR AND 74/100 ----------------- DOLLARS ($ 4,474.74 ----), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed with our seals, and dated this 12th day of MARCH 1981 . THE CONDITION of the foregoing obligation is such that, whereas the above -bounden Principal has entered into a contract dated MARCH 3, , 1981 with said Obligee to do and perform the following work, to wit: CHANNEL REPAIR AT SAN JUAN CREEK TO SAN JUAN CREEK ROAD (LO1S09) NOW, THEREFORE, if the above -bounden Principal shall well and truly perform or cause to be performed, each and all of the requirements and obligations of said contract to be performed by said Principal, as in said contract set forth, then this bond shall be null and void; otherwise it shall remain in full force and effect. SURETY INfSU ANCE COD7PA Y 'CALIFORNIA BY .r.._�. Arney-in-fac 1 PATRICIA H. JOHNSTON i 5304-01(Rev 2/80) STATE OF CALIFORNIA COUNTY OF LOS ANGELES Onthis................ 12th.................................day of....... ........ ........_MARcx.................................................., 19..._81........... before me PATRICIA H. JOHNSTON personally came............................................................................................................................................................................ ................. to be known, who being by me duly sworn, did depose and say: that he is Attorney -in -Fact of Surety Insurance Company of California, the Corporation described in and which executed the foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accor- dance with the By -Laws of the said Corporation, and that he signed his name thereto by like authority. ( ar ublic) 5100-01 Surety jnlurance Company I Gatilornia The Dollars and Sense Surety" HOME OFFICE IN LA HABRA, CALIFORNIA Box 2430 Ia Habra, California 90631 CERTIFIED COPY OF POWER OF ATTORNEY No ... 2.3. 9.4 .................-- , now all men 1,y tLse presents. That Surety Insurance Company of California, a California Corporation, hay. ing its principal Office in the City of La Habra, County of Orange, State of California, pursuant to the follovine By-La.vs which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to -wit: "Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys -In -Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other v:rit- ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." Has made, constituted and appointed and by these presents does make, constitute and appoint Patricia H. Johnston of Hacienda Heights, California ... ..........I......................................................... ..... .......... Its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed, all of the following classes of documents, to wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees, official surety and fidelity bonds. THE AUTHORITY OF THIS POWER OF ATTORNEY IS LIMITED TO ONE HUN- DRED FIFTY THOUSANFI AND NO1300 — ($150,000.00) — DOLLARS FOR ANY SINGLE BOND. - THIS POWER OF ATTORNEY IS VALID ONLY FOR A BOND OP, UNDERTAK- ING EXECUTED PRIOR TO DECEMBER 31, 1981. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon. said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in La Habra, California in their own proper persons. INSl'S W OF, Surety Insurance Company of California has caused these presents to be signed by its duly out J`;�.g„ + 0–r. �t corporate seal to be hereunto affixed this .... ]..1-t11...._..... _day of ..... December___.__.._., 19...8.0-- cr'+ SURETY INSURANCE C031PAN-Y OF CALIFORNIA INCORPORATED JAN. 31, 1969 m By ............. N John F. Merrill Preeidmt sT �LIFO } SS: COUN GE On thisil'....day of............. DeC.eMbP-r............ A.D. 19...8.0...., before the subscriber, a Notary Public of the State of California, in and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY INSURANCE COMPANY OF CALIFORNIA, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru- ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. and that Article IV, Section 7(b) of the By -Laws of said Company, referred to in the preceding instrument, is now in force. IN TESTI.IIONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the day and year first above written. (�- J ���t�� QD OFFICIAL SRAL ...............................................LINDA R DAMSNOCar PLLb1iC PJOTpAy R',}gJ_t_ - CAlffORNIA Linda R. Davis y ORANGE COUNTY My comm. expires SEP 2S. 1984 n� CERTIFICATION I, the enders:- certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the Power of Atio.-.^.ey remains in full force and effect, and has not been revolved; and furthermore that Article IV, Section 7(b) By-Lay.s of said company as set forth in said Poner of Attorney. are now in full force and effect. IN TESTINION-Y WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company 81 this12th day of....... MARCH ................................ 19............ (SEAL) Secretary s6o-c5 w (Rev. 12-80) J , Contract Bond -California Labor and Material -Public Oks Surety JnJuraruce Company of cacilomi« Box 2430 2250 WEST WHITTIER BOULEVARD BOND NO. 520072 LA HABRA. CALIFORNIA 80031 KNOW ALL AMEN BY THESE PRESENTS: That we, 22981 TRITON WAY SUITE "D", LAGUNA HILLS, CALIFORNIA 92630 as Principal and the Surety Insurance Company of California organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound to the State of California for the use and benefit of the State Treasurer as ex officio treasur- er and custodian of the Unemployment Fund and any and all materialmen, person, companies or corpor- ations furnishing materials provisons, provider or other supplies used in, upon, for or about the perfor- mance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or con- tributing to said work to be done, and all persons performing work or labor upon the same and all per- sons supplying both work and materials as aforesaid, in the sum of FOUR THOUSAND FOUR HUNDRED SEVENTY—FOUR AND 74/100 --------------------------------- Dollars ($ 4,474.74 ) lawful money of the United States of America, for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and several- ly, firmly by these presents. SIGNED, sealed with our seals and dated this 12th day of MARCH 1981 . The conditions of the foregoing obligation is such that, whereas the abovebounden Principal has en- tered into a contract, dated MARCH 3, 19_ 81 , with CITY OF SAN JUAN CAPISTRANO to do and perform the following work, to wit. CHANNEL REPAIR AT SAN JUAN CREEK TO SAN JUAN CREEK ROAD (LO1S09) NOW THEREFORE, if the above -bounden Principal, or ----- subcontractor, fails 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 under said contract, or for any work or labor done there- on of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and, also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court and to be taxed as costs and to be included in the judgment therein rendered; PROVIDED that this bond is filed by the principal to comply with the provisions of section 3247 to 3252 inclusive of the Govern- ment Code of the State of California and liability hereunder is subject to the provisions of said section and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof. TIGHT SPOT, INC, incip l By: SURETY INSU, WWCE COMPANY of CALIFORNIA j Surety t / 4RPEal1 By: PATRICIA H. JOHNST toxnty-in-Fact STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this_ ..........._12th.... ttARcx 19......_8.1......., before me ............_.day of.............. - ..._........._................-......._......_. personallycame............. ............................................._......................................................................... to be known, who being by me duly sworn, did depose and say: that he is Attorney -in -Fact of Surety Insurance Company of California, the Corporation described in and which executed the foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accor- dance with the By -Laws of the said Corporation, and that he signed his name thereto by like authority. e� (N r ublic) 5100-01 S"ret Jnsurance L'otnpan r California Dollars ono Sense Surely" HOME OFFICE IN LA HABRA, CALIFORNIA Box 2430 La Habra, California 90631 CERTIFIED COPY OF POWER OF ATTORNEY No...2.19.4.............. ---- 1ltnow a%l men ly d ese presents: That Surety Insurance Company of California, a California Corporation, hav- Ing its principal Office in the City of La Habra, County of Orange, State of California, pursuant to the following By -La xs which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to -wit: "Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys -In -Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writ. ings obligatory in the nature thereof, and he may at any time In his judgment remove any such appointees and revoke the authority given to them." Has made, constituted and appointed and by these presents does make, constitute and appoint Patricia H. JohnstonHacienda He hts California .................................................................................of ................ _............. _............ .-.g....--�.s....- Its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed, all of the following classes of documents, to wit: _ Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees, official surety and fidelity bonds. THE AUTHORITY OF THIS POWER OF ATTORNEY IS LIMITED TO ONE HUN- DRED FIFTY THOUSANp AND NO/100 — ($150,000.00) — DOLLARS FOR ANY SINGLE BOND. THIS POWER OF ATTORNEY IS VALID ONLY FOR A BOND OR UNDERTAK- ING EXECUTED PRIOR TO DECEMBER. 31, 1981. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in La Habra, California in their own proper persons. IN WI, ^D. $,S9 Wn OF, Surety Insurance Company of California has caused these presents to be signed by its duly out J'l�" " . corporate seal to be hereunto affixed this ..... 11th... -.... .-day of --- -December ... _...... 19._.80_, /' SURETY INSURANCE COMPANY OF CALIFORNIA INCORPORATED IANerrill . 31. 1969 0',• By _....... 7ohnF f"Ss ��..._... President ST C.GE 1 � COUN C FO SS: On this.11- clay of............ .DeC-elltber............ A.D. 19...0.0...., before the subscriber, a Notary Public of the State of California, in and for the County of Orange. duly commissioned and qualified, came John F. Merrill, President of SURETY INSURANCE C031PANY OF CALIFORNIA, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru- ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. and that Article IV, Section 7(b) of the By -Laws of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the day and year first above written. OFFICIAL SEAl- LINDA R DAVIS NOTARY PUBLIC ................�-rAL7r0 .'IA Linda R. Davis Notary Public aE I' \,) ORANGE COUNTY it My comm. expires SEP 25, 1994 CERTIFICATION I, the unders:^zd, certify that I am the Secretary of SURETY INSURANCE COMPANY OP CALIFORNIA and that the Power o-At,ornev remains in full force and effect, and has not been revoked; and furthermore that Article IV, Section 7(b) By-La,,s of said company as set forth in said Poker of Attorney, are now in full force and effect. IS TESTIMOSY ICHERF.OF, I have hereunto subscribed my name and affixed the corporate seal of the said -Company 12th MARCH 81 this............ day af.._....... ...--'.... _..... _....... ...... ..., 19_. -- (SEAL) Secretary 560-05-c2 MP V. 12-80) CN ANN EL R9EAiR 61 S3CR.LEW, Rbc BIDDER -AMOUNT Glace✓— ��� () 1, cwir ^� / v f lv 3, �i �Z O — T ytit s�o �; �-7 �, 0 B I'D PROPOSAL Channel Repair at San Juan Creek For the: to San Juan Creek Road (LO1S09) From: TIGHT SPOT I,,- [nRA) Contractor To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans and Specifications and General Conditions therefor, read the Instructions to Bidders, and is familiar with all pro- posal requirements, and hereby proposes and agrees, if the pro- posal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: Forty -Four Hujigg l f, Rayant�-Fnnr f� $ 4.474.74 FTords Seventy -Four Cents 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 drawing 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 dili�Cl orosecute the work to -completion before the expiration e of 0 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 $4S0.00 (insert ^$ cash", cashier's check, certified check or bidder's bond, as the case may be) in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: -5- e 0 0 Agency Bonding 685 S. Manchester' Anaheim, CA Licensed in accordance with an act providing for the registration of contractors -- License No. A-338048 Signatu of Sid r: TIGHT SPOT, INC. (DBA) (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: February 23, 1981 S.L. Hand, President J.A. Hand, Secretary S.L. Hand, Treasurer 22981 Triton Way. Shite"D", Tao„na Hills Business Address (714) 837-9693 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 constitu roposal the work called out herein. February 23, 1981 Signature of Bidder Date (714) 837-9693 Phone Number -6- SCHEDULE OF WORK ITEMS Item Approx. Work Item with Units Unit Price Quantity (Price written in words) Figures 1. LS Clear and grub for the lump $ 477.44_ sum price of Four Hundred A Seventy -Seven dollars & 44/100 2. LS Excavate and grade for the $_1000,00 _ lump sum price of One Thousand & No/100 dollars 3. 206 T Furnish and install rip -rap $ 14.55 for the unit price of Fourteen & S5/100 per ton dollars TOTAL 6—A Total Amount $ 477.44 $190o.00 $ 2497.30 $ 4474.74 Ll 0 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) County of Orange ) ss. S.L. Hand being first duly sworn deposes and says that he is President of _ TIGHT SPOT, INC. (DBA) the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or any- one else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bid- der, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one inter- ested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection there- with, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. -7- a n l.J • ON before me, the under igned, a Notary Public in and for said State, personally appeared $ Witnessed These Paners with me an will to be the person For whose name ( J subscribed to the within Instrument, and acknowledged to me that Then he can executed the same. OFFICIAL SE AL JOSEPHINE E WOOD WITNESS my hand and official seal. o NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires OCT 23, 1984 �otary Public in and for said State. 9 DESIGNATION OF SUB -CONTRACTORS Submit with Proposal. 0 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 1. 2. 3. 4. 5. 6. 7. 8. SUB -CONTRACTOR ADDRESS PHONE NO. NONE TIGHT SPOT INC DB BIDDER'S N E AUTHORIZED SIGNATURE -9- PROOF OF PUBLAON (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 .......................DAILY ............................... ............I ....................... 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, I°60, 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 svipplement thereof on the following dates, to -wit:........ February 10 and17 ................-.............................._.............. 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 17th y of February ... _............ 19......81 81 1�7 Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 7141192-5121 This space Asthe County Clerk's Mar Stamp Proof of Publication of NOTICE INVITING BIDS NOTICE OF TRANSMITT40- LEGAL PUBLICATIONS TOi DAILY SUN -POST Helen Nielsen, Legal FOR PUBLICATION ON: DOCUMENT(S) TO BE PUBLISHED: W TUESDAY, FEBRUARY 10, 1981 AND TUESDAY, FEBRUARY 17, 1981 NOTICE INVITING BIDS - CHANNEL REPAIR AT -SAN JUAN CREEK TO SAN JUAN.CREEK ROAD LO1.S09 PROOF OF PUBLICATION: Please send to: Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: DATE: February 4, 1981 Date of Bid Opening 2/23/81 Date(s) notice published 2/10/81 & 2/17/81 Date affidavit received Date notice posted in designated posting places (3) 2/10/81 Date notice(s) posted on property n/a Date of mailing notices to property owners n/a O. 0 0 NOTICE INVITING BIDS CHANNEL REPAIR AT SAN JUAN CREEK TO SAN JUAN CREEK ROAD L01S09 Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the channel repair at San Juan Creek to San Juan Creek Road LOlE until 2:00 P.M. on the 23rd day of February , 1981 A pre-bid conference is scheduled at 10:00 A.M. on the 18th 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: February 4, 1981 CITY CLVfikiC CITY OF`SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA 0 NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will up to 2:00 p.m. on the 23rd day of February , 1981, receive sealed proposals or bids for the Channel Repair at San Juan Creek to San Juan Creek Road L01S09 , 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 18th day of February, 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 - 0 9 E 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 Thirty (30) set for the completion of the work, of the contract. -days has been from the date of execution 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 accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. -2- ■ 0 This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 4th day of February 1981. MARY AYXHANOVER, CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- 0 0 AGENDA ITEM February 3, 1981 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Plans and Specifications and Call For Bids - Major Storm Drain Maintenance - San Juan Creek Road and La Novia Avenue (LO1SO9) SITUATION The heavy flooding of last year caused many containment facilities to erode severely. The Flood Control channel routing runoff to San Juan Creek from adjacent developments at San Juan Creek Road and La Novia Avenue was affected by this increase in water and needs to be repaired. To prevent additional erosion to this channel and to insure the stability of the sidewalls, the channel should be cleaned, re -graded, and the rip -rap replaced. Although this is not an extreme emergency project, the work is necessary and should be performed as a protective measure. FINANCIAL CONSIDERATIONS This project has received funding approval from the Federal Emergency Management Agency (FEMA) in the amount of $4,028.00. Seventy-five percent of these monies have been received by the City from FEMA to be used in accomplishing this project. The total amount will be available pending audit. Should channel repairs require in excess of this amount, City funds will have to be appropriated. ALTERNATE ACTIONS 1. Approve the plans and specifications and authorize call for bids for the major storm drain maintenance at San Juan Creek Road and La Novia Avenue. 2. Do not approve the plans and specifications. 3. Refer the matter back to staff for additional information. RECOMMENDATION By motion, approve the plans and specifications and authorize call for bids for the major storm drain maintenance at San Juan Creek Road and La Novia Avenue. IRRee'spectfully submitted, LW. Aph ury 111 WDM-.CSF/rem FOR CITY COUNCIL AGENDA o. v 32400 PASEO AOELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 PHONE A93-1171 May 26, 1981 Tight Spot, Inc. 22981 Triton Way, Unit D Laguna Hills, CA 92653 Re: Notice of Completion - Channel Repair at San Juan Creek Gentlemen: Enclosed is a copy of Resolution No. 81-5-5-5, which was adopted by the City Council at their meeting of May 5, 1981. The Resolution accepts the work completed for the construction of channel repair at San Juan Creek to San Juan Creek Road in the amount of $4,474.74 The Council directed that the balance due in the amount of $4,027.27 be payable immediately. The 10% retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on May 18th; therefore, the final payment in the amount of $447.47 may be released on June 22, 1981. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH:ol Enclosure cc: Director of Public Works Administrative Services • (SAMPLE) BID FJD �-�11 � KNOW ALL MEN BY THESE PRESENTS, that we, , as Principal, and existing under the laws of the State of , and whose principal office Is located in the City of ,.as surety are jointly and severally bound unto the CITY OF SAN JUAN CAPISTILANO of Orange County, California, in the sum of DOLLARS (� ), lawful money of the United States of America to be paid to —116 --said CI'iY OP' SAN JUAN CAPISTIiANO, for which payment well and truly to be made, we bind ourselves, our heirs, successors, executors, adminis- trators and assigns, jointly and severally, by these presents. THE CONDITION OF TIiIS OBLIGATION .is such that whereas the Principal has submitted the accompanying bid dated , 19_, for the construction of for the CITY OF SAN JUAN CAPISTR.ANO, Orange County, California. NOIP, TIIEI_EFO"E. if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall within fifteen (15) clays 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 tte Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materi- almen, or in the event of the withdrawl of said bid within the neric•ds 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 tke 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 atove obligation shall be void and,of no effect, otherwise to remain in full force and virtue. IN WITNE"'S WHEREOF the above -bounden parties have executed this Instrument under tLeir several seals this day of , 19 , the name and corporate seal of each corporate party being aifi.xed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (if individual) PRINCIPAL ATTEST (if corporation) Title Corporate Seal ATTEST Title Corporate Seal .19- Title SURETY By Title s �� oj/; firil ,�«iz �prGfrajad i 32400PASEO ADELANTO 9 SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 491.1171 March 30, 1981 Tight Spot, Inc. 22981 Triton Way Unit D Laguna Hills, California 92653 Re: Channel Repair at San Juan Creek Gentlemen: The executed contract, required bonds and insurance for channel repair at San Juan Creek, awarded to your Company by the City Council at their meeting of March 3, 1981, have been received in this office. Enclosed please find your Cashier's Check in the amount of $450.00 from Manufacturers Bank, submitted as the bid bond for the above-mentioned project. Thank you for your cooperation. Very truly yours, MARY ANNNOVER, CMC City Clerk MAH/cdc Enclosure cc: Director of Public Works a CASHIER'S CHECK so N° 32736 16222' BMANUFACTURERS BANK 1201 Dove St., Newport Beach, Callfomla 92660 neo February 23,1981 i Y MRNUFAC' U2:_P.5 lotheorderof * * * * CITY OF SAN JUAN CAPISTRANO • • Authorized eiRaature 11°0003273611' 1:1 2 2 2 260 761: 2011,820 28811• x450.00*** r- Krt o O ~ ro � En rt Mm ro o 0 k o a nm cu ° n r - k ' n,o SD " r to to* rs rr R ` y� a a t i r , l.j' CITY OF SAN JUAN CAPISTRA ORANGE COUNTY STATE OF CALIFORNIA L. S" PLAN, SPECIFICATIONS AND CONTRACT DOCUMENTS - CHANNEL REPAIR AT SAN JUAN CREEK TO SAN JUAN CREEK ROAD L01S09 February, 1981 CITY COUNCIL GARY L. HAUSDORFER, MAYOR ANTHONY BLAND PHILLIP R. SCHWARTZE LARRY BUCHHEIM KENNETH E. FRIESS W. D. MURPHY DIRECTOR OF PUBLIC WORKS ob� N�n� Ny5 \\>- � D m D Z z^ z j' Z L /� Z � Z -C a m D �o 1n r0 ^'7 � z � 7 � o ob� N�n� Ny5 \\>- TABLE OF CONTENTS CONTRACT DOCUMENTS NOTICE INVITING BIDS ............................ 1 BID PROPOSAL .................................... 4 SCHEDULE OF ITEMS ............................... 6a NON -COLLUSION AFFIDAVIT ......................... 7 DESIGNATION OF SUB -CONTRACTORS .................. 9 INSTRUCTION TO BIDDERS ......................... 10 CONTRACT ....................................... 16 BID BOND ..... (SAMPLE) .......................... 19 FAITHFUL PERFORMANCE BOND ...(SAMPLE).......... 20 LABOR AND MATERIAL BOND... (SAMPLE) ............. 21 SPECIAL PROVISIONS WORK TO BE DONE ................................ 23 STANDARD SPECIFICATIONS ........................ 23 TERMS DEFINED .................................. 24 SPECIAL PROVISIONS OF ITEMS OF WORK AND METHOD OF PAYMENT ......................... 24 INSURANCE AND OVERHEAD COSTS ................... 24 0 E NOT I C E INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will up to 2:00 p.m. on the 23rd day of February , 1981, receive sealed proposals or bids for the Channel Repair at San Juan Creek to San Juan Creek Road Lo1So9 , 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 18th day of February, 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 - e 9 11 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 Thirty (30) set for the completion of the work, of the contract. .days has been from the date of execution 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 accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. -2- This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 4th day of February 1981. MARY AYT HANOVER, CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- 0 .INSTRUCTION TO BIDDERS 0 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 thb 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- 0 0 omissions, or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Be- fore submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. ° Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or cor- poration who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and . the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures, the words shall 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 appi-oved bond shall be rejected. -12- 0 0 G. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids". Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawl of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for re- ceipt of bids. opening of Bid Proposals The City will, in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids". Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The con- tract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids". The City, however, reserves the rightt to reject any or all bids and to waive any nonconformity in the bids received. -13- 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 (1008) 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 thirty -14- ( 30 ) 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. -15- 1. 2. 0 0 SPECIAL PROVISIONS Work to be Done The work to be done consists of improvement of a 95 foot section of storm channel, excavating, grading & placing of rip rap & 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 the Standard Specifications. Timtractor shall maintain a copy of this book on the job site at all times. The provisions of the Standard Specifi- cations 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 maintained by him, whether on or off the premises, with liability limits of not less than $500,000, for any one person, and $500,000, for 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 con- tractor may be involved in the accomplishment of the work may require greater amounts. The City will not recognize any claim for additional compensa- tion because of the requirement for greater amounts of insurance, as an element to be considered by the contractor in determining his bid. -23- 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. 4. Special Provisions of Items of work, Materials and Methods of A. Bid Items BID ITEM 1 - Clear and Grub The work for this bid item includes clearing and grubbing of the channel bottom and north slope. The method of construction shall conform to Section 300-1 of the Standard Specifications. Existing rip -rap in the channel bottom will be removed and placed on the south slope. Payment will be on a lump sum basis. BID ITEM 2 - Excavate and Grade Work for this bid item includes excavating at least one foot beyond finished grade on the channel bottom and north slope. Method of construction shall conform to Section 200-2 of the Standard Specifications. Payment will be on a lump sum basi BID ITEM 3 - Furnish and Install Rip -Rap Work for this bid item includes furnishing and installing rip -rap on the channel bottom and north slope. Material shall conform to Section 200-1.6 of the Standard Specifications and shall be angular. 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. 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. -24- 0 0 B. Protection of Existing Utilities The engineer has endeavored to show all existing utilities. The contractor must, however, take all due precautionary measures to protect all of the existing utilities. C. 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. -25- �/f a� frir ,'�ra�ra �pr�lz<rrcQ I 32400 PASEO AOELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 PHONE 493-1171 / March 30, 1981 Hillside Repair, Inc. 1165 East Ash Avenue Fullerton, California 92631 Re: Channel Repair at San Juan Creek Gentlemen: At their meeting of March 3, 1981, the City Council awarded the contract for channel repair at San Juan Creek to Tight Spot, Inc. Enclosed please find your Cashier's Check in the amount of $568.39 from Security Pacific National Bank, submitted as the bid bond for the above-mentioned project. Thank you for submitting your bid to the City. Very truly yours, MARY AN HANOVER, CMC City Clerk MAH/cdc Enclosure cc: Director of Public Works N° 17087938 SECURITY PAC NATIONAL BANK DATE mwisaiizzo 101 N. HARBOR ,,VD., FULURTION, CA 92532 February 23, 1981 PAY TO THE ORDER OF-------`------_- �- s********CITY OFSAN JUAN CAPISTRANO***********$568.39 ' AUTHORIZED SIGNANRE 11.1708793811' 1:1 2 200004 31:0 9 2-11 5 60 2 4 911' rI 3 1 - i Y I N � In rq N U ro H 4J m .� U)>, N x .�4 I u F a H w at u >y o u -u ro to Cu p t-3 o4J OU C ro04 a� a roW, v j H U) W O SI O41 Q m >Y >. >, a 4J�4 rd v •11 > Ifo ax u uaZ i I NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES ORANGE 654 NTY INSURANCE AGENCY � �` NY A THE OHIO CASUALTY INSURANCE COMPANY P.O. BOX SANTA ANA, CA. 92702 (Z W'02 PACIFIC EMPLOYERS INSURANCE COMPANY NAME AND ADDRESS OF INSURED �� � H"�:pMM ■/�� TIGHT' SPOT, INC. S A N D �tETTERNY V 22981 TRITON WAY, #D CAP;'i `y'I ANY D LAG" HILLS, CALIFORNIA 92653 COMPANY E LETTER This is to certify thatpo1icbE of Insurance fisted below hew been issued to the Insured named above and are in force at this thne. Notwithstanding any requirement tens or condition of any contract or other document with respect to which this certificate may be Issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and oondhbns of such Polities. COMPANY POLICY Limits o Liabili in Thousan s EACH OCCURRENCE AGGREGATE LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE GENERAL LIABILITY BODILY INJURY s 300, s 300, A ® COMPREHENSIVE FORM GL 178 27 29 7/18/83 ❑PREMISES—OPERATIONS PROPERTY DAMAGE f 100, $ 100, EXPLOSION AND COLLAPSE HAZARD ❑ HAZARD UNDERGROUND PRODUCTS/COMPLETED OPERATIONS HAZARD ❑ CONTRACTUAL INSURANCE BODILY INJURY AND PROPERTYDAMAGE E BROAD FORM PROPERTY COMBINED E DAMAGE ❑INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY : AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) E A ® COMPREHENSIVE FORM ACO_ 946 50 24 6/30/81 BODILY INJ 1,000, DOWNED (EACH ACCIDENT)$ PROPERTY DAMAGE ❑ HIRED $ 100 BODILYAND NONAWNEO PROPERTYERTY DAMAGE $ COMBINED EXCESS LIABILITY © UMBRELLA FORM E LLC 52 02 91 l 3/20184 BODILY INJURY AND PROPERTY DAMAGE s 1,000, $ A ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION STATUTORY B and PWC Cl 46 24 55 7 7118181 5 EMPLOYERS' LIABILITY 100. IZXH. CIDENn OTHER DESCRIPTION OF OPERATIONSA.00ATIONS/VEHICLES \ PROJECT #LO1S90 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing com- pany will mail _1.0_ days written notice to the below named certificate holder 0000()WOM NAME AND ADDRESS OF CERTIFICATE HOLDERMARCH 20, Al DATE ISS CITY OF UN JUAN CMISTMM 32400 PASEO ADELANTO Y SAN JUAN CAPISTRANO,. CALIFORNIA 92675 AUTHORIZED REPRESENTATIVE ACORD 25 (1-79) 0 March 18, 1981 Dear Cathy: "� °O �� RECEIVED GENEPOST OFFICE BOX ORS2205 MAR 23 44 PR I POST OFFICE BOX 220.5 MISSION VIEJO. CA 92690 (714)831-9693 (- ! ,S} OF SAN jUAN CAPi.STIP A " I'm sending the contract and I phoned our Insurance company regarding the Certificate of Insurance for Channel Repair @ San Juan Creek. Mr. Johnson said that he will be sending it to you in a couple of days. Thank -you, ��+iaukAzi \_ .JUc2 hsc �l� 0�:��J/G �lll1'/1 ( CJI//�rI17ZlL 72400 PASEOAOELANTO' `} SAN JJANN�GI APISTRANO, CALIFyORjNIIA 92873 `�'•�NON 6`49�]Iit' Jr �! March 6, 1981 Tight Spot, Inc. 22981 Triton Way Unit D Laguna Hills, CA 92653 Re: Channel Repair at San Juan Creek Gentlemen: . ' At their meeting of March 3, 1981, the City Council awarded the contract for the construction of channel repair at San Juan Creek to San Juan Creek Road (LO1S90) to your company at $4,474.74. Enclosed are two copies of the contract. Please sign and date both contracts and return the "City Copy" to this office along with all required bonds and insurance. The contract documents are to be executed by your company within 15 days of this notice. I am enclosing Page 23 of the bid document which cite the City's requirements for bond and insurance amounts. These requirements must be met as stated before the contract is effective. If I can be of any help to you, please do not hesitate to call. Thank you for your cooperation. Very truly yours, (MRS) MARY N HANOVER, CMC City Clerk MAH:ol cc: Director of Public Works _FE SRAKTa3 PLAN*HB SPECIFICATIONS FOO Pry; d (oa,_NI1J. RE_F&JR.__�FT SSC R6EK Tentative Contract Award Date: ROC -r— -P.C�°f 5a6 - 493---ISIo� SSG 3 57r Bass Z /t31_ Clw_ zip -�3Z- 6�f70 / Lk N,T Tc�N-t" SPor LNC.... a2q�1_Trz��►.1-�^/ -'� --9-b9-,3 LAc->, 141«s 91(.53 i