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1981-0824_THOMPSON , KEN_ContractNOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Ken Thompson, Inc., 8851 Watson, Cypress, California, 90630, for the performance of the following work: CONSTRUCTION OF THE PASEO DE LA PAZ STORM DRAIN 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 20th day of July 19$2 , by Resolution No. 82-7-20-2 That upon said contract the United Pacific Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 21st day of July , 19 82 Mary Annover, 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 21st day of July , 1982 . (SEAL) City Ann nover, Clerk of San Juan Capistrano -245 PM 82-2257620 . LLE A. BRANCH. ComrtRecorder RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: U—IMiT GOVERNMENT CODE SECTION 6103 C8 City of San Juan Capistrano -7 Office of the City Clerk ��L '', 32400 Paseo Adelanto Mary An anove , City Clerk San Juan Capistrano, CA 92675 City o£`San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Ken Thompson, Inc., 8851 Watson, Cypress, California, 90630, for the performance of the following work: CONSTRUCTION OF THE PASEO DE LA PAZ STORM DRAIN 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 20th day of July 19$2 , by Resolution No. 82-7-20-2 That upon said contract the United Pacific Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 21st day of July , 19 82 Mary Annover, 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 21st day of July , 1982 . (SEAL) City Ann nover, Clerk of San Juan Capistrano "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 KEN THOMPSON. 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 Paseo De La Paz Storm Drain - pp] Obispo Strppt to Bear Brand Ranch Line 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. R 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- A 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 (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- part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified pre- vailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR agrees to carry Public Liability, Property Damage, and Workmen's Compensation Insurance in amounts as required by the Specifications. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is sub;ect 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. '..ice i� APPROVED AS TO FOR1,1: y CITY ATTORNEY DATED: ©b4-D6e, 1P) 15 1 Kms, "sem t.( ,o/a-1181 CITY OF SAP J PIST NO BY � L>Ne PHILLIP R. SCHWART , YOR CLERIC RI KEN THOMPSON, INC. C ^ BY -18- 5. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - PASEO DE LA PAZ STORM DRAIN (KEN THOMPSON, INC.) (80) The installation of the storm drain under Paseo De La Paz has been completed to the satisfaction of the City, as set forth in the report dated July 20, 1982, from the Director of Public Works. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 82-7-20-2, COMPLETION OF PASEO DE LA PAZ STORM DRAIN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE PASEO DE LA PAZ STORM DRAIN (THOMPSON) 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: Original Cost: $97,394.00 Additional Costs: +12,940.64 Adjusted Contract Price: 109,489.64 Amount paid to Date: 86,714.10 10% Retention: $ 10,948.96 Amount Due to Date $ 11,826.58 Staff was authorized to make payment as indicated and to release the 10% retention 35 days after recording the Notice of Completion. 0 0 AGENDA ITEM July 20, 1982 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Final Report - Paseo De La Paz Storm Drain (Ken Thompson, Inc.) SITUATION The installation of the storm drain under Paseo De La Paz 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 Original Cost: $ 97,394.00 Additional Costs: 12,940.64 Adjusted Contract Price: 109,489.64 Amount Paid to Date: 86,714.10 10% Retention: 10,948.96 Amount Due to Date: $ 11,826.58 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 work has been completed and declare the work to be accepted on the De La Paz Storm Drain. 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 $109,489.64. Direct staff to release retention monies 35 days after recordation of the Notice of Completion. Respectfully submitted, L'J, N) W. D. Murphy WDM:RAF/ol J, Enclosures c;O;� ,.i �, ,,):"di.l,_ .AGENDA %— RES&ION NO. 82-7-20-1 • COMPLETION OF PASEO DE LA PAZ STORM DRAIN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE PASEO DE LA PAZ STORM DRAIN (THOMPSON) WHEREAS, on the 6th day of October, 1981, the City of San Juan Capistrano entered into a contract with Ken Thompson, Inc. for the construction of the Paseo de la Paz Storm Drain; 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 109,489.64. 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 20th day of July . 1982 , by the following vote, to wit: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim NOES: None ABSENT: Councilmen Schw tze 02 Z NCE F. BUH IM, MAYOR ATTEST: CITY CLE7 -1- 0 5. PASEO DE LA PAZ STORM DRAIN EXTENSION OF TIME (KEN THOMPSON) 0 (80) Contract Change Order No. 2, a 95 -day extension of time to July 30, 1982, for completion of the Paseo De La Paz storm drain by Ken Thompson, Inc., of Cypress, was approved due to utility conflicts, inclement weather, and difficulty with sub -contractor coordination. -)/ V1� AGENDA ITEM July 6, 1982 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of CCO #2; Extension of Time, Paseo De La Paz Storm Drain CTTT7ATTnM Work on the Paseo De La Paz storm drain was postponed due to utility conflicts, inclement weather, and difficulty with sub -contractor coordination. The conflict with the sub -contractor has been recently resolved and finish work has been scheduled for the first week in July. Staff is requesting an extension of 95 days (August 3, 1982)should any further conflicts occur. FINANCIAL CONSIDERATIONS None. ALTERNATE ACTIONS 1. Approve the CCO #2. 2. Do not approve the CCO #2. 3. Request further information from Staff. RECOMMENDATION By motion, approve the CCO #2; Extension of Time for the Paseo De La Paz Storm Drain. Respectfully submitted, W D. Mur W. D. Mur WDM:RAF/nep Attach. FOR CITY COUNCtt AGENDA F 7 Change Order No. _ Date '3-2-82 Project No. Location Paseo De La Paz Storm Drain 2 • CONTRACT CHANGE ORDER Beginning Contract Date 10-20-81 Contract Amount $ 97,394.00 Previous Change Orders $ —0— This Change Order $ —0— Adjusted Contract $ 97,394.00 Item No. Description of Changes Decrease In Contract Price Increase In Contract Price 1 Extension of Time Change In Contract Price Due to This Change Order Net Change In Contract Price $ $ $ $ TIME SCHEDULE: Total Contract Days 100 Amount Prior C.O.(s) q2 Amount This C.O. 95 Adjusted Contract Days 287 New Date of Completion 7-30-82 ACCEPTANCE: DATE: Accepted by: Recommended by: 14Z��� c� YZ-- Approved by: 0 0 8. PASEO de la PAZ STORM DRAIN APPROVAL OF CHANGE ORDER NO. -I (KEN THOMPSON, INC.) (80) Contract Change Order No. 1, a 92 -day extension of time to April 30, 1982, as requested by Ken Thompson, Inc., was approved as set forth in the Report dated March 16, 1982, from the Director of Public Works. The extension was necessitated by utility relocations. 0 0 AGENDA ITEM March 16, 1982 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Contract Change Order #1, Extension of Time, Paseo de la Paz Storm Drain SITUATION Conflict with utility locations arose after commencement of construction. Re -design and physical relocation of several utilities is necessary. The extension of 92 days is requested in order to allow the utilities to coordinate and complete their relocation. FINANCIAL CONSIDERATIONS No additional cost to the City. ALTERNATE ACTIONS 1. Do approve Contract Change Order #1. 2. Do not approve Contract Change Order #1. 3. Request further information from Staff. RECOMMENDATION By motion, approve Contract Change Order #1, Extension of Time, Paseo de la Paz Storm Drain. Respectfully submitted, U.1�. avk ftp W. D. Murphy WDM:RAF/nep Enclos. FOR ' -' ,',.';'i_iL ,k>ENDA P 9 CONTRACT CHANGE ORDER . � � 10-20-81•. Change, Order flo. 1 Begimmng.Contrac to Date vt3-2-82 Contract Amount E_97,394.00 Project 143. Paseo de La Paz Previous Change Orders $ —0 -- storm Drain Location This Change Order E Adjusted Contract $ 97,394.00 Item Decrease In Increase In No. Description of Changes Contract Price Contract Price 1 Extension of Time -a`- -0- Conflict with utility locations.arose after commencement of construction. Re -design and physical relocation of several utilities is necessary. The extension of 92 -days is requested in - order to allow the utilities to coordinate and complete their relocation. Change In Contract Price Due to This Change Order Net Change In Contract Price TIME SCHEPUIE: Total Contract Days 100 Amount Prior C.O.(s) -0- Amount This C.O. 92 Adjusted Contract Days 192 New Date of Completinn 4-30-82 $ -0- $ -0- I $ ACCEPTANCE: DATE: Accepted by: IK T�ompsZe_� 7—. Reconuended by: R. A, Foster 3/4/82 Approved by: W. D. Murphy, Director of Public Works hseo de LA poug-L� STS g M .IT _.�i�l - a A .r d UNITED PACIFIC INSURANCE COMPANY HOME OFFICE, TACOMA, WASHINGTON PERFORMANCE BOND CALIFORNIA - PUBLIC CONTRACT Bond No. U43 88 02 Premium $877.00 EXECUTED IN DUPLICATE KNOW ALL MEN BY THESE PRESENTS: That KEN THOMPSON, INC., Post Office Box 749, Cypress, California 90630 as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author- ized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as -Obligee, in the sum of **NINETY SEVEN THOUSAND THREE HUNDRED NINETY FOUR AND NO/100--- ----------------------------------------------------- Dollars ($ 97,394.00----------) for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a contract, dated October 6 , 19 81 , with the Obligee CITY OF SAN JUAN CAPISTRANO to do and perform the following work to -wit: Paseo De La Paz Storm Drain - Del Obispo Street to Bear Brand Ranch Line Now, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 20th BDU-2801 CAL. - CONTRACT - PUBLIC - PERFORMANCE day of October , 19 81. KEN THOMPSON, INC. ............. . -•--- By' .� ..... (Seal) ........... ..... . UNIT INS C MPANY B---.. _. ......... Francis G. Jarvi r. , Ano in -Fact B-2035 3 ►J F Y Z Z O a � 0 O z Z U 2 w Q U 3 ti O ZQ U H LL W U U aLL LL 00 w w z O Z) x State of California 1 1 ss: County of Orange __ 1 On October 20th Ig 81 , before me, the undersigned, a Notary Public in and for said County, personally appeared Frr7nC15 Ja ryiS Jr known to me to be the person whose name is subscribed to the within instrument as Attorney -in -Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h i S own name as Attorney -in -Fact. �♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦OFFICIAL SEAL i JULIE L. TRIVITT i NOTARY PUBLIC -CALIFORNIA j PRINCIPAL OFFICE IN x - ORANGE COUNTY ♦ f0Y Commission Expires Sept, 30, 1983 My Commission DO n ' BDU-1818 ED. 3/72 (CALIF.) UWlr rLD PNMTi"1C HOME OFFICE, FEDERAL WAY, WASHINGTON POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, TTset the UNITED PACIFIC INSURANCE CO!d?ANY•. ro,por-tion dcty orfs, ni zed undtr the bvn of th> :•:etc of sits sh inpton, don hereby rnak% constitute end appoint F'RAIICIS C. JARVIS, JR. of SANTA ANA, CALIFORNIA ------- as true and I-wful Attorney -in F -sat, to make, execute, seal and deliver for and on its behelf, and e: its act and dyed ANY AND ALL BONDS AND MrDERTII$INGS OF SURETYS?IIP— end to bind the UNITED PACIFIC INSURANCE CONT PANY thereby as fully and to the same extent as if such bonds and undertaringsan9cther wnungs cb:igatory in the nature thereof were signed by an Executive Of fittr of the UNITED PACIFIC INSURANCE COMPANY and sealed and otlested by one other of such of fivers, and hereby ratifies and confirms all that its said Attorneyfs)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which l -came effective September 7.1978. which provisions are now in full form and of fect, reading as follow:: - ARTICLE Vil —EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairrnan of the Board, any Senior Vice Resident, any Vice President of Assistant Vice President or other officer designated by the Board of Directors stall has<e power and authority to fa) appoint Attorneys -in -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature lhertol, and Ib) to remove any !such Attorney -in -Fact at any time and revoke the power and authority glven to him. 2. Attorneys -in -Fact shalt have power and authority, subject to theterms and limitations o) the pow_r o1 attorney issued to them, to execute znddel,ver on behalf of the Company, bonds and undertakings, reeo9nizances,eontraRs of indemnity and other wrilings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertaking., rem3nizances, contracts of indemnity and other writings obligatory in the nature thereof, 3. Attorneys -in -Fa= shalt have power and authority to execute affidavits required to be attached to bonds, recogn)zances, contracts of indem- nity or other conditions? or oh:i=atory undertakin3s and they shall also have power and authority to certify the financial statement of the Company and to copses of Int By -Law;. of the Company or any article or section thereof. This power of att6rney is sign>d znd sealed by facsimile under and by authority of the following Resolution adopted by the Board of Dr'eclors of UNITED PACIFIC INSURANCE COMPANY ata meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolu, on has not been amended or repeated: - - - -Resotvr3, that the s=;natures of such directors and officers and the seal of the Company may Ise affixed to any such power of attorney or any c zMcate relating thereto by facsimile, and any such power of attorney or certificate bearing such fatsimile s signatures or fad-s::e seat shall lea valid and binding upon the Company and any such power so executed and certified by facsimile sig. a-u,m and facsimile seal shall be valid and bindingupon the Company in the future with respect to any bond of undertaking to vv -.;ch it is attached: IN WITNESS WHER EDF,the Ui1T£D PACIFIC INSURANCE COMPANY has caused these presemsto be signed by its Vice President, and its corporate scat to Y- herein of tixed, this 22nd day of October 19 80. STATE OF j'. ashi_,z'�.0_1 COUNTY OF King On this 22nd day of October Q1, UNITED PACIFIC INSI.ANCE 0MPANY Vile President 1930. perstinatly ippeared Charles B.- Schmalz to me known to be the Vice -President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and aties:ed the tore, going ix:rument end zffix ed the seal o -r said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of said Company, and the Resolution, set forth therein, are still in full force. My Commission Expires: ��a���CCC•••YTYTYT//// June 12 .1982 �i Notbry PVAliC in brief for St to of jfaSlTln�tOn X71 - Residing et - - . Tacoria 1 Charles J. Falsk Ou Assistant Senetary of s:se UNITED PACIFIC INSURANCE COMPANY, do hrrrby ver t::y that the -T✓,sae and Im cyoing is w true and correct ropy of a Power ut Attorney eaecutaJ by said UNITED PACIFIC INSURANCE COMPANY, whirls n st,lt m lult farce and effect. I:J WITNESS V/HEREOF,1 has hereunto »I my hand and.ffixed the sa+t of said Compeny this 20th d.y of QCtoGEY 19 81 -- . - i5'. s£wl �. Assiaant Sxr-mrv� 0 UNITED PACIFIC INSURANCE oomi=ANY HOME OFFICE, TACOMA, WASHINGTON LABOR AND MATERIAL BOND CALIFORNIA -PUBLIC CONTRACT Bond No. U43 88 02 Premium for this bond is included in that shown on the Performance Bond EXECUTED IN DUPLICATE KNOW ALL MEN BY THESE PRESENTS, that KEN THOMPSON, INC., Post Office Box 749, Cypress, California 90630 as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author- ized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the sum of **NINETY SEVEN THOUSAND THREE HUNDRED NINETY FOUR AND NO/100 ------ ------------------------------------------------------ Dollars ($97,394.00 --------- ) for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. The Condition of the above obligation is such that, Whereas the Principal on the 6th day of October 19 81 , entered into a contract with the Obligee for Paseo De La Paz Storm Drain - Del Obispo Street to Bear Brand Ranch Line NOW, THEREFORE, if the above -bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Codewith respect to work or labor performed by any such claimant, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons entitled to file claims under Section 3181 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed and sealed this 20th BDU-2804 ED. 3n2 (CALIF.) day of October 19 81. KEN THOMPSON, INC. .......-17i ......I ................. i UNITE INS QMPANY Francis G. Jarvis . , Attorn -in-Fact State of California 1 ss: County of _ Oran qe On October 20th , 19 81 , before me, the undersigned, a Notary Public in and for said County, personally appeared —Francis GJarV15, Jr. known to me to be the person whose name is subscribed to the within instrument as Attorney -in -Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and In l S own name as Attorney -in -Fact.♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦ OFFICIAL SEAL JULIE L. TRIVITT i ♦ NOTARY PUBLIC -CALIFORNIA ♦ PRINCIPAL OFFICE IN ORANGE COUNTY ♦ MY Commission Expires Sept. 30.♦1983 • ( /\ My Commission expires — j j*/ -,, BDU-161BED. 3/72 (CALIF.) B I D P R O P 0 S A L For the: Paseo De La Paz Storm Drain - Del Obispo Street to Bear Brand Ranch Line To the Honorable City Council City of San Juan Capistrano Gentlemen: From: Contractor The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans and Specifications and General Conditions therefor, read the Instructions to Bidders, and is familiar with all pro- posal requirements, and hereby proposes and agrees, if the pro- posal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: u�ue�1 wsud trpe goArett s G 7, 3 9 `i_., 00 Words ninety- oui- ollQyS 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 $ecessary 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 100 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 �iCl e r S !!r !d (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- Licensed in accordance with an act of contractors -- License No. Fres, Signature of Bidder: 4-igr)ef% M-TomPs�n� Tres, Saa rres. / (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.) 15ATED: 'P & 749 G �, C Business Address 071P? C- LO CtG 5 -13 7/ 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. 5 f Signature of Bidder I Date (7/J-) QC1,5--13 71 Phone Number -6- SCHEDULE OF WORK ITEMS ITEM APPROX. NO. QUANTITY WORK ITEMS WITH UNITS (PRICE WRITTEN IN WORDS) UNIT PRICES (IN FIGURES) TOTAL AMOUNT 1-A 71 LF Furnish and install 36" $ 5 +� 0 0 $ 39734.6o reinforced concrete pipe or place pipe for the unit j f ri cef of � 4l 5 dolldil r i foo o s per lineal foot p OR 1. 1610 LF Furnish and install 30" $ 7, no $ 75.67O•06 reinforced concrete pipe or place pipe for the unit price of t-ortj- se -y e h dollails per lineal toot 2. NO BID ITEM 3. 70 LF Furnish and install 18" C $ 15.00 $ 5. 150,06 corrugated metal pipe connectors for the unit p r ce of e h v &I e. dn I l a.r5 dollars er lineal foot 4. 4 Each Furnish and install inlet $ 1700.0Q $ 3, V0.60 Type V for the unit price of Nthe 6Ljjo ((CLrs ret{ r o dollars each 5. 1 LS Furnish and install Modified $ .200.00 Inlet Type V @ Station 0+65 for the limp sum price of n jn((&rc dol ars each 6. 2 Each Furnish and install Junction $ �Qn .00 f1 $ �QQ•QU Structure Type I, with 18" CMP f Side Inlet for the unit price of nine �,undred �lvlLa✓'c dollars each 7. 3 Each Furnish and install Junction $ 25 o. a ` 1 Structure Type VI for the unit" price ofwo kuodred_ ,+ / y dollars each kits 8. 1 LS Furnish and install Junction "A" $ ' 700 , 00 - $ 1 7VL',Lh Structure or the lump sum1 -' price of 5- 1(2i-5 o ars 6-a ITEM APPROX. WORK ITEMS WITH UNITS UNIT PRICES TOTAL NO. QUANTITY (PRICE WRITTEN IN WORDS) (IN FIGURES) AMOUNT 9. 1 LS Furnish and install Junction $ 3�(7 .�$ v [) ii . n Q Structure "B" for the lturp suns price of -(n rt -p. k uYart✓'P t 1l , �o arS dollars 10. 3 Each Furnish and install Junction $ �. $� Structure Type I, no side inlet for the it rice of .r{ Seveo Un�r-P!! �f) 1 •� 1lars dollars each ''11 11. 1 IS Remove portion of, and plug $�� 0 0 $ end of sewer lateral for the lump sum price of (' —ta/n hundred 'ili4y Mars dollars 12. No bid item 13. No bid item 14. 1 IS Remove existing Portland Cement $ L/ 0, (7 ( } concrete Vee -ditch for the lump sum of SIK hundred dpl (arr5 dollars 15. No bid item 16. No bid item 17. 70 IF Furnish and install 3" asphalt $ 17.66 $ 1.0190,60 concrete over 6" aggregate base Vee -ditch lining for the unit price of Seye.vl'f ee o (jol la rs dollars per square foot $q7 4 324,00 TO'I`AL This bid is for -- a. Reinforced Concrete Pipe b. Cast in Place Pipe m NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) County of Orange ss. Kenneth M. Thompson , being first duly sworn deposes and says that he is the President of KEN THOMPSON. INC. 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- 0 ON August 24 , 1981 before me, the undersigned, a Notary Public in and for said State, personally appeared Kenneth M. Thompson to be the person whose name subscribed to the within Instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. • OFFICIAL SEAL • • JULIE L. TRIVITT ♦ NOTARY PUBLIC—CAI IFORNIA j •PRINCIPAL OFFICE IN j ORANGE COUNTY • � My Commission Expires Sept, 30, 1983 0 Julie L. TriviNota y Public in and for said State. State of California, County of Orange -8- 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 I. hrile 2. 3. 4. 5. 6. 7. S. SUB -CONTRACTOR ADDRESS m S on BIDDER'S NAME �/Z� A6THORIZED SIGNATURE -9- PHONE NO. BID W'd) Bond No. U00 30 15 KNOW ALL MEN BY THESE PRESENTS, that we, KEN THOMPSON, INC. , a: Principal, and UNITED PACIFIC' INSURANCE COMPANY existing under the laws of Lho Stz to of Washington , and whose principal office is located in the City of Federal Way ,. as surety are jointly and severally bound. unto the CITY o_Y SAN JUAN CAP1S'i'11ANO of Orange County, California, in the sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT BID IN ---------DOLLARS ($-----------------), lawful money of the United States of America to be paid to the said CJTY OI' SAN JUAN CAPISTRINO, 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. TILE CONDITION OF TRIS ODLIGATIO:: is such that whereas the Principal han submitted the accompanying bid dated August 25 , 19 81 , for the constructic n of Paseo De La Paz Storm Drain, ggj,0e� §RR I<f tL Re Sar the CITY OF SAN JUAN CPPISTRANO, Orange County, California. NOW, TIiELEFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall within fifteen (15) days after the: agreement has been presented to him for execution enter into a written contract with the City in accordance with the bid as accepted, and if tl-e 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 periods specified, or the failure to enter into said contract and give said bond within the time specified, if the principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required wort: and/c-r supplies if the latter amount be in excess of the former, then the alove obligation shall be void and,of no effect, otherN:•ise to remain in full force and virtue. IN IYITNESS VIIIErXOF the above -bounden parties have executed this instrument under tt,eir several seals this 24th day of August , 19S-, the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (if individual) ATTEST, (if corpora on) Title icQ it, ge— Corporate Seal AT1T.ST Title Corporate Seal -19- KEN THOMPSON, INC. Title UNITED PACIFIC_j-USURANCE COMPANY SUltt•:1'Y �— BY "l Title Francis G.is, Jr., Att rney-in-Fact State of CaliforniaI OFFICIAL SEAL 0 JULIE L. TRIVITT i County Of Orange s N0T.4P.Y PUBLIC—CALIFORNIA j I ♦ -. e; PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires Sept. 30, 1983 •���oeeeseoes♦ On AU9USt 24 19 81 ♦s , before me, the undersigned, a Notary �UbIe*seIC m a*n*a* r s1a1d County, personally appeared Francis f, JarvisJr known to me to be the person whose name is subscribed to the within instrument as Attorney -in -Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h j S own name as Attorney -in -Fact. My Commission expires Sa temher ID , 19 Diary Puarr in and for Said County BDU-1818 ED. 3/72 (CALIF.) � UNITED PACIFIC INSUFLANCE COMPANY HONE OFFICE, FEDERAL WAY, WASHINGTON POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, Thai the UNITED PACIFIC INSURANCE COMPANY, is corporation duly organized under the laws of the State of Washington, does hereby make, constitute and appoint FRANCIS G. JARVIS, JR. of SANTA ANA, CALIFORNIA ------- its true and lawful Attorney -in -Feet, to make, execute. Beet and deliver for and on its behalf, and as its act and deed AI4Y AND ALL BONDS AND OF SURETYSHIP ---- and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the Ely -Laws of UNITED PACIFIC INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS I. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vitt President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (al appoint Attorneys -in -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizance,, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him. - y. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver pn behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertaking., recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copes of the By -Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the Sth day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of atrorney or any mnificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or fa—simite seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile met shall be valid and binding upon the Company in the future with respect to any bond of undertaking to which it is attached" IN WITNESS WHEREOF,1he UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporate seal to be hereto affixed, this 22nd day of October 19 80. to me known to be the Vice -President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the fore- going instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of said Company, and the Resolution, set forth therein, are stili in full force. My Commission Expires: O, -T.Om.-�Slef �Washing�ton r.urtJune ZZ 1982 ;( Notary Public in and for Residing at _ Tacoma 1 Charles J. Falsk Ow Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which is still in full forceand effect. - IN WITNESS WHEREOF, 1 have hereunto sat my hand and affixed tire seas of said Company this. 24th 24th dayof August 87. eDuta77 Ed. 4/80 s Assistant Secretary w 3j SEAL Iq UNITED PJACIFII INSU ANC/Ef/Q'rOMPPANY Y P.Ir Vire President STATE OF Wash=n5—,on COUNTY OF Kinig )October On this 22nd day of 1980, personally appeared Charles B. Schmalz to me known to be the Vice -President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the fore- going instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of said Company, and the Resolution, set forth therein, are stili in full force. My Commission Expires: O, -T.Om.-�Slef �Washing�ton r.urtJune ZZ 1982 ;( Notary Public in and for Residing at _ Tacoma 1 Charles J. Falsk Ow Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which is still in full forceand effect. - IN WITNESS WHEREOF, 1 have hereunto sat my hand and affixed tire seas of said Company this. 24th 24th dayof August 87. eDuta77 Ed. 4/80 s Assistant Secretary PROOF OF PUBLICIONI This space 4 the County Clark's B'llim starve (2016.6 C.C.P.) STATE OF CALIFORNIA i=Ct=i'�EG County of Orange ABG i ? AU 'B I City of San Clemente Proof of Publication of NOTICE INVITING BIDS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the San Clemente Sun -Post a newspaper of general circulation printed and published .........................DAILY .................................... in the City of San Clemente County of Orange, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11, 1°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 supplement thereof on the following dates, to -wit: August 12 and 19 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 19t&5r of .. Aupust .. .......... 19.......$1 ....�..... . Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 714492-5121 NOTICE OF TRANSMITTJ* LEGAL PUBLICATIONS TO: DAILY SUN -POST Helen Nielsen, Legal FOR PUBLICATION ON: DOCUMENT(S) TO BE PUBLISHED: • WEDNESDAY, AUGUST 12, 1981 and WEDNESDAY, AUGUST 19, 1981 NOTICE INVITING BIDS - CONSTRUCTION OF PASEO DE LA PAZ STORM DRAIN - DEL OBISPO STREET TO BEAR BRAND RANCH LINE PROOF OF PUBLICATION: Please send to: Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: DATE: August 6, 1981 Date of Bid Opening 8/25/81 Date(s) notice published 8/12/81 & 8/19/81 Date affidavit received Date notice posted in designated posting places (3) 8/12/81 Date notice(s) posted on property n/a Date of mailing notices to property owners n/a 0 0 NOTICE INVITING BIDS _CONSTRUCTION OF PASEO DE LA PAZ STORM DRAIN - DEL OBISPO STREET TO BEAR BRAND RANCH LINE Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the construction of Paseo de La Paz Storm Drain until 2:00 P.M. on the 25th day of August . 1981 A pre-bid conference is scheduled at 10:00 A.M. on the 21st day of August , 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: August 6, 1981 01 d�-- CITY CL CITY OF SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA 9 0 APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS - PASEO DE LA PAZ STORM DRAIN (80) As set forth in the report dated July 21, 1981, from the Director of Public Works, the plans and specifications for constructioi of the Paseo de la Paz Storm Drain were approved and staff was authorized to advertise for bids. An agreement with the Homeowners establishing cooperative funding with a city limit of $72,000 is to be considered at the Council meeting of August 4, 1981. -3- 7/21/81 AGENDA ITEM 0 i July 21, 1981 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Plans and Specifications and Authorization To Call For Bids - Paseo de La Paz Storm Drain SITUATION Staff is requesting approval of plans and specifications and authorization to advertise for the construction of the Paseo de La Paz Storm Drain. This facility shall join the Del Avion Storm Drain Phase III, at Del Obispo Street and run northwesterly in Paseo de La Paz and join facilities to be constructed by the Bear Brand Ranch/Pepper Tree Bend Project. The storm drain shall alleviate a major drainage concern in this area. FINANCIAL CONSIDERATIONS The Engineer's estimate is $175,000 for reinforced concrete pipe and $127,000 for cast in place pipe. The County provided $72,000 to the City for its master planned facilities. Staff is developing an agreement with the homeowners establishing cooperative funding with limit upon the City of $72,000. This agreement shall be presented at the City Council meeting of August 4, 1981 and recommendations for necessary budget modifications shall be made at that time. ALTERNATE ACTIONS 1. Approve the plans and specifications. 2. Do not approve the plans and specifications. 3. Hold the plans and specifications for approval of the funding of this project. 13KK� u u]'i'l�f�l�)�4�iP1 By motion, approve the plans and specifications for the Paseo de La Paz Storm Drain and authorize advertising for bids. Respectfully submitted, �J.� C�� W. D. Murp y �,`� WDM:GML/nep FOR ITY COUNCIL AGENDA -SF NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will up to 2:00 p.m. on the 25th day of August , 1981, receive sealed proposals or bids for the Paseo De La Paz Storm Drain - Del Obispo Street to Bear Brand Ranch Line ; in accordance with the approved plans and specifications on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accompanied by a certified check, cash, cashier's check or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a.m. on the 21st day of August , 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 (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 one hundred 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 Adelar_to, 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 istrano, and is dated City Council of the City of San Juan Cap // r� ?_/ day of �� L this Ll�L6 CITY CL • R CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- e32400 PASIIO'AOECANTOj •y i SAN JUAN CAPISTRANO. CALIFFORN + ,ONONE-491117,IQ 3.N August 2, 1982 Ken Thompson, Inc. P.O. Box 749 Cypress, California 90630-0749 Gentlemen: 0 92675 Re: Completion of Storm Drain - Paseo De La Paz Enclosed is a copy of Resolution No. 82-7-20-1, which was adopted by the City Council at their meeting of July 20. The Resolution accepts the work completed for the installation of the storm drain under Paseo De La Paz in the amount of $109,489.64. The Council directed that the balance due in the amount of $11,826.58 be payable immediately. The 10% retention will be payable upon 35 days from recording of the Notice of Completion, The Notice was recorded on July 26,_ 1982; therefore, the final payment in the amount of $10,948.96 may be released on August 30, 1982. Thank you for your cooperation. Very truly yours MARY AN HANOVER, CMC City Clerk MAH/na Enclosure cc: Director of Public Works Administrative Services Accounts Payable =022 VA'�IF AND DDRE55 OF® Clip 1, ! WORDING COVERAGES eC,q`',,Itp AGENCY BONDING, INC. (>h '2" lid : ULF INSURANCE 685 S. Manchester 6 - Anaheim, CA 92802-1478 y r':" H ,OTCIR VEHICLE CASUALTY CO. NAME AND ,DDRESS DF INSURED KEN THOMPSON, INC. i )Iv IiiM 'iREMONT INDEMNITY P.O. BOX 749 CAP ifi1' 1 i --'— — CYPRESS, CA 90630 (r ';" C IM LN1 '1 L T1 It This is to cwtify thepolicies of insurance listed below have been issued to I z in:,I 1I i 1 i b ra a d, i - Trce at this time. Notwithstanding any requirement, term or condition of any contract or C ter document with respect to which this certificate I i N Je I c n ry .!rt I r ;urance afforded by the policies ascribed herein is subject to all the terms, exclusions a A conditions of such policiesCOM. ANY Y Limits of Liabilit in Thousanc s LETTERY TY 'E OF INSURANCE P'JLICV NUh 3 It , 1 -i DATE EACH AGGREGATE OCCURRENCE DESCRIPTION JE OPERATIONS/LOCATIONSNEHICLES CITY OF SANJUAN CAPISTRANO TO BE NAMED AS ADDITIONAL INSURED BUT SOLELY WITH RESPECT TO OPERATIONS OF THE NAMED INSURED AND TO WORK PERFORMED BY THE NAMED INSURED FOR THE ADDITIONAL INSURED ON PASEO DE LA PAZ STORM DRAIN DEL OBISPO STREET Cancellation: Should any of the above descri ed policies b( c lnceileo hef I,( the expiration date thereof- the issuing com- pany will endeavor to mail dayS (Ari'.t, n gotice t I Hrp e;ow named certificate holdet.XXXX1(a")W voox�sxcCxaclD�oacstmSixxnRaxast�i�xiercxmxxx4ckDne�firxxx�cheekkxxxxx�txx except in cases of cancellation due to non-payment of premiu or non -reporting of payroll, in which NWEA D S NtIlIFINFE LD CITY OF SAN JUAN CAPISTRANO TATE ISSUED. _ //1=_ __. 32400 Paseo Adelanto San Juan, Capistrano, CA 92675 AUTHOR ESF NTATIVE ACORD 25 GENERAL LIABILITY BODILY INJURY E f }ET 1}{JT COMP tEHENSIVE FORM I�1 PREW3ES—OPERATIONS PROPERTY DAMAGE $ $ r}J u E%PL(SION AND COLLAPSE HA; ARD UNDE?GROUND HAZARD PRODUCTS/COMPLETED A OR[RATIONS HAZARD GA 5091542 5/1/33 BODILY INJURY AND 500 500 CONT'+ACTUAL INSURANCE PROPERTY DAMAGE f $ BROX, FORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS ILt7J[T LJ PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) CJ COMFREHENSIVE FORM BODILY INJURY $ ® (EACH ACCIDENT) OWNE a PROPERTY DAMAGE $ 1X(��IT HIRE, BODILY INJURY AND A !^J GA 5091542 5/1/83 NON-(WNED PROPERTY DAMAGE 8500 COMBINED EXCESS LIABILITY BODILY INJURY AND B R� E^� UMBRELLA FORM MU 104029 5/1./'33 $1000 a fess �� OTHE'THgN UMESRELLA PROPERTY DAMAGE under ying COMBINED FORM STATUTORY WORKERS'COMPENSATION and B EMPLOYERS' LIABILITY WP -82-138155 ____....____-- 5/1/33 $2000 I[fC"A( OTHER—..-_— / DESCRIPTION JE OPERATIONS/LOCATIONSNEHICLES CITY OF SANJUAN CAPISTRANO TO BE NAMED AS ADDITIONAL INSURED BUT SOLELY WITH RESPECT TO OPERATIONS OF THE NAMED INSURED AND TO WORK PERFORMED BY THE NAMED INSURED FOR THE ADDITIONAL INSURED ON PASEO DE LA PAZ STORM DRAIN DEL OBISPO STREET Cancellation: Should any of the above descri ed policies b( c lnceileo hef I,( the expiration date thereof- the issuing com- pany will endeavor to mail dayS (Ari'.t, n gotice t I Hrp e;ow named certificate holdet.XXXX1(a")W voox�sxcCxaclD�oacstmSixxnRaxast�i�xiercxmxxx4ckDne�firxxx�cheekkxxxxx�txx except in cases of cancellation due to non-payment of premiu or non -reporting of payroll, in which NWEA D S NtIlIFINFE LD CITY OF SAN JUAN CAPISTRANO TATE ISSUED. _ //1=_ __. 32400 Paseo Adelanto San Juan, Capistrano, CA 92675 AUTHOR ESF NTATIVE ACORD 25 (The Attaching Clause need be complely when this endorsement is issued subsequent to preparatothe pel{oy.) G116 LIAB}13Y ISO G116 ADDITIONAL INSURED (Owners or Contractors) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE This endorsement, effective May 1 , 1982 (12:01 A. M., standard time) issued to KEN THOMPSON, INC. by GULF INSURANCE Name of Person or Organization (Additional Insured) CITY OF SAN JUAN CAPISTRANO Bodily Injury Liability Property Damage Liability Premium Bases Cost Cost forms a part of policy No. GA 5091542 L 9452 (Ed. 1-73) ....... -- -- ------------ .... -- ------- Authople~esentative Schedule Location of Covered Operations ALL OPERATIONS Rates Advance Premium $100 of cost E TBD $IDO of cost $ TBD Total Advance Premium s TBD It is agreed that: 1. The "Persons Insured" provision is amended to include as an insured the person or organization named above (hereinafter called "additional insured"), but only with respect to liability arising out of (1) operations performed for the additional insured by the named insured at the location designated above or (2) acts or omissions of the additional insured in connection with his general supervision of such operations. 2. None of the exclusions of the policy, except exclusions (a), (c), (f), (g), (i), (j) and (m), apply to this insurance. 3. Additional Exclusions This insurance does not apply (a) to bodily injury or property damage occurring after (1) all work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or (2) that portion of the named insured's work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (b) to bodily injury or property damage arising out of any act or omission of the additional insured or any of his employees, other than general supervision of work performed for the additional insured by the named insured; (c) to property damage to (1) property owned or occupied by or rented to the additional insured, (2) property used by the additional insured, (3) property in the care, custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical control, or (4) work performed for the additional insured by the named insured. 4. Additional Definition When used in reference to this insurance, "work" includes materials, parts and equipment furnished in connection therewith. AUTHENTIC 32400PASEO ADELANTO' { SAN JUAN CA PISTRANO, CAL FOR RNI 92673 V 16NE 49 R) 17 � July 9, 1982 Ken Thompson, Inc. P.O. Box 749 Cypress, California 90630 Re: Contract Change Order No. 2, Extension of Time - Paseo De La Paz Storm Drain Gentlemen: At their meeting of July 6, 1982, the City Council took unanimous action in approving Contract Change Order No. 2, a 95 -day extension of time to July 30, 1982, for completion of the Paseo De La Paz storm drain due to utility conflicts, inclement weather, and difficulty with sub -contractor coordination. If you have any questions, please don't hesitate to call. Very truly yours, MARY ANN NOVER, CMC City Clerk MAH/na cc: Director of Public Works ■ CALIFOP IA PRELIMINARY JOTICE Oh96$2 IN ACCORDAN E WITH SECTION 3097 AND 3098, CALIFOR IVIL CODE I'' THIS IS NOTA LIEN, THIS IS NOTA EFLECTION ON THE INTEGRITY OF AN` -)NTRACTOR OR SUBCONTRACTOR CONSTRUCTION "G&VED Reputed Cor cti n L der, if any. rNone Reported L CITY OF JJJA IN CAP; TRA VC, 24-8923 YO, . RE HEREBY NOTIFIED THAT BLUE DIAMOND MATERIALS A DIVISION OF SULLY -MILLER CONTRACTING CO. Ir fVYs101aMv OP RO PPe a6 CO.. IHc. (name of person or firm furnishing labor, services, equip- tru nt or materia{) 3000 EAST SOUTH STREET (address of person or firm furnishing labor, services, LONG BEACH, CALIFORNIA 90805 equipment or material) has furnished or will furnish labor, services, equipment or materials of the following general description: Supply rock,sandeasphalt.ready (general description of the labor, services, equipment or mix and/or aggregate material material furnished or to be furnished) for the building, structure of other work of improvement r. ,t locatedat: Del Obispo & Paseo De La Paz FOLD HERE (address or description of job site San Juan Capistrano,CA sufficient for identification) The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: Bonded Pavers O (name and address of person or firm) P.O. Box 305 W OWNER or PUBLIC AGENCY MIdaay City,CA 92655 or Reputed Owner (on public work) ion private work) An estimate of the total price of the labor, services. Nequipment or materials furnished or to be furnished is: E F Slre� City of San Jua* Capistrano (Dolls amount must be to construction lender - 32400 Paseo Adelanto optional as f0 owner or contractor) Ct01) R San Juan Capistrano,CA 92675 Trust Funds to which Supplemental Fringe Benefits are Payable. LJ (name) (address) CConstruction loan no (If known) (name) (address) OFOLD HERE (name) (address) P(name) (address) (Material men not required to Furnish the above) YIf NOTICE TO PROPERTY OWNER bills are not paid in full for the labor, services, equip. ment, or materials furnished or to be furnished, a me- chanic's lien leading to the loss, through court fore- closure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may ORIGINAL CONTRACTOR or wish to protect yourself against this consequence by (1) Reputed Contractor, if any requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. Ken Thompson Dated: 8851 Watson Cypress,CA 90630 D. :1_"&T jgan Credit Mgr. (title' ph LJ Telephone Number ( 213 ) 6346698 X TIC" -CU).✓_ X -328-R1 Blue Diamond O�CJ�7d 7400 PA5110'.A01 117 SAND NCAPISTRAN0,CA1.iF0RN1 92675 495.117 March 22, 1982 Ken Thompson, Inc. 8851 Watson Cypress, California 90630 Re: Contract Change Order No. 1, Extension of Time, Paseo de la Paz Storm Drain Gentlemen: At their meeting of March 16, 1982, the City Council approved Change Order No. 1 representing an extension of time of 92 days for the construction of Paseo de la Paz Storm Drain. The extension is to April 30, 1982. Very truly yours, nYAZOVER, CMC City Clerk MAH/na cc: Director of Public Works 0 9 NAME AW ADDRESS OF AGENCY Agency Insurance & Bonding, 685 S. Manchester Anaheim, Ca. 92802 NAME AND ADDRESS OF INSURED KEN THOMPSON, INC. P.O. Box 749 Cypress, Ca. 90630 of any contract or ctner document wltn r terms. exclusions and conditions of such Inc 111111 1111t:11 III ! COMPANY LETTER I C YIP I AFFORDING OVERAGES POLICY NUI 2T Ea" �IULF GROUP LIABILITY 5/1/82 SOI YINJURY AND PRC ERTYDAMAGE (GENERAL Y1J COMPREHENSIVE FORM )I 'IN 1?IOTOR VEHICLE CASUALTY CO. ® PREMISES—OPERATIONS T _R PERSONAL INJUR- EXPLOSION AND COLLAPSE ® 1:P ' EMONT INDEMNITY HAZARD ® I T =7 & )ICY INJURY UNDERGROUND HAZARD T ;q" J i REMAN' S FUND PRODUCTS/COMPLETED ,Y OPERATIONS HAZARD ® CONTRACTUAL INSURANCE GA 5052874 ® BROAD FORM PROPERTY T _T i cin; r d tr =d 1b ;ea i orceatthistine. otwithstanding any requirement, to 1/ b ur i r ay )an I surance afforded the policies described herein is at --- - .imus of Liabili in Thousan� R N DATE ;� yy ��A77UTOMOBILE 0 — — O('CEACH E COMPANY LETTER TYPE OF INSURANCE POLICY NUI PRI ERTY DAMAGE LIABILITY 5/1/82 SOI YINJURY AND PRC ERTYDAMAGE (GENERAL Y1J COMPREHENSIVE FORM OMBINED ® PREMISES—OPERATIONS PERSONAL INJUR- EXPLOSION AND COLLAPSE ® S )ILY INJURY IE .H PERSON) HAZARD ® & )ICY INJURY UNDERGROUND HAZARD (EA H ACCIDENT) PRODUCTS/COMPLETED A OPERATIONS HAZARD ® CONTRACTUAL INSURANCE GA 5052874 ® BROAD FORM PROPERTY DAMAGE ® INDEPENDENT CONTRACTORS ® PERSONAL INJURY LIABILITY yy ��A77UTOMOBILE 0 COMPREHENSIVE FORM PL OWN( D j6jc7� HIRED GA 5052874 A yLJ NONOWNED EXCESS LIABILITY B ��II pLJ UMBRELLA FORM MU 1 0 3 2 1 8 103218 ❑ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and C EMPLOYERS' LIABILITY WP 81-138153 OTHER AGGREGATE PRCI ERTY DAMAGE $ BOL i Y INJURY AND 5/1/32 PRC I' ERTY DAMAGE 1000 aOE'.Ss oMBINED f unde lying TATUTORY 5/1/82 1 E2000 D INLAND MARINE MSF 4760802 5/1/82 �fn � �a(y7'/s' 1111 III 11111! NIGH DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES CITY OF SAN JUAN CAPISTRANO TO BY, NAMED AS ADDITIONAL INSURED BUT SOLELY RESPECT TO OPERATIONS OF THE NAMED INSURED AND TO WORK PERFORMED BY THE N INSURED FOR THE ADDITIONAL INSURED ON PASEO DE LA PAZ STORM DRAIN -DEL OBI STREET - $17,394,00 ---------.-- -_--- -- Cancellation: Should any of the above described :3lici a Le :and "fled betore the expiraticn date thereof, the issuing com- pany will $g�€Y=Xt%X mail 20 I IVs v it er not ce hl tlr- below named certificate holdeQDXK%NX�J S�i�#6Xfa�Y SKI�KI�X�fK3I exce t 11 cas s o tante a ioKn ue o non paymen o premium or non re�orling o pl;isalT�n whiph case-1D-_da_ysmi- I be given. lME ARD ADDRESS OF CERTIFICATE HOLDER CITY OF SAN JUAN CAPISTRANO DA E ISSUED:_ 32400 Paseo Adelanto San Juan Capistrano, Calif. 92675 25 10/21/81 pw Y )ILY INJURY $ $ PRI ERTY DAMAGE E $ 5/1/82 SOI YINJURY AND PRC ERTYDAMAGE 500 s500 OMBINED PERSONAL INJUR- f S )ILY INJURY IE .H PERSON) i & )ICY INJURY $ (EA H ACCIDENT) PRC-ERTY DAMAGE E 5'/J-/82 BOL -Y INJURY AND PRCI ERTY DAMAGE $ BOL i Y INJURY AND 5/1/32 PRC I' ERTY DAMAGE 1000 aOE'.Ss oMBINED f unde lying TATUTORY 5/1/82 1 E2000 D INLAND MARINE MSF 4760802 5/1/82 �fn � �a(y7'/s' 1111 III 11111! NIGH DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES CITY OF SAN JUAN CAPISTRANO TO BY, NAMED AS ADDITIONAL INSURED BUT SOLELY RESPECT TO OPERATIONS OF THE NAMED INSURED AND TO WORK PERFORMED BY THE N INSURED FOR THE ADDITIONAL INSURED ON PASEO DE LA PAZ STORM DRAIN -DEL OBI STREET - $17,394,00 ---------.-- -_--- -- Cancellation: Should any of the above described :3lici a Le :and "fled betore the expiraticn date thereof, the issuing com- pany will $g�€Y=Xt%X mail 20 I IVs v it er not ce hl tlr- below named certificate holdeQDXK%NX�J S�i�#6Xfa�Y SKI�KI�X�fK3I exce t 11 cas s o tante a ioKn ue o non paymen o premium or non re�orling o pl;isalT�n whiph case-1D-_da_ysmi- I be given. lME ARD ADDRESS OF CERTIFICATE HOLDER CITY OF SAN JUAN CAPISTRANO DA E ISSUED:_ 32400 Paseo Adelanto San Juan Capistrano, Calif. 92675 25 10/21/81 pw ISSUED IN DUPTICATE (The Attaching Clause need be coo only when this endorsement is issued subsequent to prep4of the policy.) G116 LIABILITY�, ISO G116 i ADDITIONAL INSURED (Owners or Contractors) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE L 9452 (Ed. 1-73) This endorsement, effective 10/ 21/ 81 forms a part of policy No. GA 5052874 (12:01 A. All., standard time) issued to KEN THOMPSON, INC. by GULF GROUP ._ Authorized Represe , tfve Schedule y�f Name of Person or Organization (Additional Insured) Location of Covered Operations City of San Juan Capistrano Paseo De La Paz Storm Drain Del Obispo Street, San Juan Capis— Premium Bases 97, 394 . 06ra%Res Advance Premium Bodily Injury Liability Cost $100 of cost $ TBD Property Damage Liability Cost $100 of cost $ TBD Total Advance Premium $ TBD Itis agreed that: 1. The "Persons Insured" provision is amended to include as an insured the person or organization named above (hereinafter called "additional insured"), but only with respect to liability arising out of (1) operations performed for the additional insured by the named insured at the location designated above or (2) acts or omissions of the additional insured in connection with his general supervision of such operations. 2. None of the exclusions of the policy, except exclusions (a), (c), (f), (g), (i), (j) and (m), apply to this insurance. 3. Additional Exclusions This insurance does not apply: (a) to bodily injury or property damage occurring after (1) all work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or (2) that portion of the named insured's work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (b) to bodily injury or property damage arising out of any act or omission of the additional insured or any of his employees, other than general supervision of work performed for the additional insured by the named insured; (c) to property damage to (1) property owned or occupied by or rented to the additional insured, (2) property used by the additional insured, (3) property in the care, custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical control, or (4) work performed for the additional insured by the named insured. 4. Additional Definition When used in reference to this insurance, "work" includes materials, parts and equipment furnished in connection therewith. AUTXENTC 10/21/81 pw 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 yaPNONE 493.1171' October 12, 1981 Ken Thompson, Inc. 8851 Watson Cypress, California 90630 Re: Award of Contract - Paseo de 1'a Paz Storm Drain Gentlemen: At their meeting of October 6, 1981, the City Council awarded the contract for construction of the Paseo de la Paz/Bear Brand Ranch storm drain to your company in the amount of $97,394. 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 pages 14 and 24 of the bid documents 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, n4,VC MARY ANN ANOVER, CMC City Clerk mh Enclosures cc: Director of Public Works r 19 2 1 - qm °° P.1-1. PLRNOAND SPECIFICATIONS FS ����f �Iw K w a. p;el� p=,d�tP�:- p� `�1�f�-I'\ ((y)} ii. lace r:V.+e �� �C r K Tentative Contract Award Date: Wl /`3l_ NAME ADDRESS ip0i_�E 1 1 NC • I(o a-LPc-(YV% t__ -7 - 33"10--- { - � - - �►35 - oa4Q _ C -D -7 a o Coll 3� ell,iris ,%rr�r I/rJrrrr�� 32400 PASEO AOELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 PHONE 4931171 July 22, 1981 Mr. Walter Wood 25801 Paseo de La Paz San Juan Capistrano, CA 92675 Re: Approval of Plans and Specifications - Authorization to Call for Bids - Avenida de La Paz Storm Drain Dear Mr. Wood: At their meeting of July 21, 1981, the City Council took action to approve the above subject matter. If you have any questions, please do not hesitate to give me a call. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH:ol cc: Ronald Birtcher Director of Public Works 4 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA PLANS, SPECIFICATIONS, SPECIAL PROVISIONS AND CONTRACT DOCUMENTS FOR THE PASEO DE LA PAZ STORM DRAIN DEL OBISPO STREET TO BEAR BRAND RANCH LINE CITY COUNCIL PHILLIP R. SCHWARTZE,MAYOR KENNETH E. FRIESS GARY L. HAUSDORFER LAWRENCE F. BUCHHEIM ANTHONY L. BLAND W. D. MURPHY DIRECTOR - PUBLIC WORKS July, 1981 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 PHONE 4931171 August 18, 1981 Addendum #1 to Plans and Specifications For The Paseo de la Paz Storm Drain TO WHOM IT MAY CONCERN: The following changes should be made to the above specifications: 1. Use the schedule of bid items attached. This gives you the option of bidding RCP or CIPP, but not both. On Page 6-b, note whether RCP or CIPP is bid. 2. On Page 25, the Title for bid items 1 and lA should read: "Furnish and install 36" and 30" reinforced concrete pipe or cast in place pipe". 3. The required 28 day strength for the cast in place concrete is 4,000 psi. MG/nep TABLE OF CONTENTS Title Page CONTRACT DOCUMENTS ' NOTICE INVITING BIDS ................................ 1 BID PROPOSAL ........................................ 4 ' SCHEDULE OF WORK ITEMS .............................. 6 NON -COLLUSION AFFIDAVIT ............................. 7 ' DESIGNATION OF SUB -CONTRACTORS ...................... 9 INSTRUCTION TO BIDDERS...............................10 CONTRACT............................................16 ' BID BOND............................................19 FAITHFUL PERFORMANCE BOND ........................... 20 ' LABOR AND MATERIAL BOND .............................21 ' SPECIAL PROVISIONS INDEX...............................................23 ' WORK TO BE DONE.....................................24 STANDARD SPECIFICATIONS..............................24 ' TERMS DEFINED.......................................25 SPECIAL PROVISIONS OF ITEMS OF WORK.................25 ' INSURANCE AND OVERHEAD COSTS........................29 UTILITIES...........................................29 1 1 1 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 Fork 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 cci'cndum 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 sane 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- 1 -12- in ink typewritten. No B. All prices and notations must be or 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) tpercent 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, bond, such check or 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. 1 -12- 11 ' location G. Bids shall be delivered to the City at the 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 t(45) days after the data 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. 1 -13- L ' 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 (1008) 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 one hundred I 1 -14- ' 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 t Notice Inviting Bids. Attention is also directed to Section 1775.5 regarding the employment of registered apprentices. ' 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- (100) 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 t Notice Inviting Bids. Attention is also directed to Section 1775.5 regarding the employment of registered apprentices. ' 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 1 1 1 1 - SPECIAL PROVISIONS INDEX Section Title Pages) 1-1 FORK TO BE DONE .............................. 24 1-2 STANDARD SPECIFICATIONS ...................... 24-25 1-3 TERMS DEFINED ................................ 25 1-4 SPECIAL PROVISIONS OF ITEMS OF WORK.......... 25-29 1-5 INSURANCE AND OVERHEAD COSTS ................. 29 1-6 UTILITIES .................................... 29 =23.- SPECIAL PROVISIONS Work to be Done The work to be done consists of the construction of storm drain, conduits, street improvements including removal and replacement of asphalt paving, asphalt vee drains, construction of drain inlet and connector pipes, pro- tection, relocation and modification of utilities and private facilities along, within, and beyond the sides and end of Paseo De La Paz, a private street, 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 Stand_a_rd Speci- fications for Public Works Construction, 1979 Edition, herein terf referred to as the Standard Specifications. The contractor shall maintain a copy of this book on the job site at all times. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: "Section 2-4 Contract Bonds" The "Payment Bond" (Material and Labor Bond) shall be in the amount of 100 percent of 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 amommts set forth herein are the minimum amounts required by the City. Other agencies with which the contractor nay be involved in the accomplishment of the work nay re- quire greater amounts. -24- ' The City will not recognize any claim for additional compensation because of the requirement for greater amounts of insurance, as an element to be considered by the contractor in determining his bid. ' Change 3: "Section 8, Facilities for Agency Personnel" ' Delete this section. OCE 4A Standard Plans means orange County Environmental Management Agency Standard Plans, 1980 Edition. 3. Terms Defined 4 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 and Method of Payment A. Bid Items BID ITEMS IA and 1 - Furnish and Install 36" Pipe of Cast in Place Concrete Pipe 30" The work for these bid items shall include sawcutting and removal of asphalt concrete,trench excavation, shaping, bedding, laying pipe, backfilling the project storm drain conduit, and repaving the area of removal to its original lines with 3" AC/6" AB. The work shall also include locating and protecting all existing utility lines and facilities and all private facilities within the work area, and protecting water mains and laterals, sewer mains and laterals and other surface or underground facilities that may be encountered. The work for these bid items shall also include adjustment of existing manholes and water valves to grade, joining existing storm drain facilities in Del..Obi.spo. Street and near ti ,.Bear-BraiW-1 -hine; traffic control, job site protection, clearing, grubbing, excavations, filling, protecting nearby trees and objects, and other work not included in other Bid Items. Workmanship shall conform to Sections 306-1, 300-1.3, 301, 302, and 303-1 of the Standard Specifications. Bedding shall be crushed aggregate base per Section 200-2.2 of the Standard Specifications. Reinforced concrete pipe shall conform to Section 207-2 of the Standard Specifications. Untreated base materials -25- 1 1 1 1 1 shall conform to OCEMA Standard Plan 804. Asphalt concrete shall meet the requirements of Sections I and II, OCEMA Standard Plan 805 and be Type III -C-3 (1/2".) Contractor shall install SS -H1 seal coat after placement of asphalt concrete. Cast in place Pipe, conforming to Section 306-4 of the Standard Specifications, may be substituted for the crushed aggregate bedding and reinforced concrete pipe of this item or these items. Backfill shall be select backfill as approved by the engineer and conform to Section 306-1.3 of the Standard Specifications. Payment Fall compensation for all labor, materials, tools and equipment for the above work and all other appurtenant work as shown on the plans or included in the specifications shall be included in the unit price bid per lineal foot and no additional ccnipensation will be made. BID = 3 Furnish and Install 18" Corrugated Pipe Connectors ' The work of this item shall include sawcutting and removal of asphalt concrete,excavation, shaping, bedding, laying pipe, making connections, backfilling connector pipes between inlet structures and the main storm drain conduit and repaving the area of removal to its original ' lines with 3" AC/6" AB. ' Workmanship shall conform to Sections 300-1.3 and 306-1 of the Standard Specifications. Bedding shall be crushed aggregate base per Section 200-2.2 of the t Standard Specifications. Corrugated metal pipe shall conform to Section 207-11 and be 18 gauge. Backfill shall be select backfill as approved by the engineer and conform to Section 306-1.3. ' Untreated base materials shall conform to OCFM Standard Plan 804. Asphalt concrete shall meet the requirements of Sections I and II of OCENA Standard Plan 805 and be Type III -C-3 (1/2".) Contractor shall install SS -Hl seal coat after placement of the asphalt concrete. Payment ' Full compensation for all labor, materials, tools and equipment for the above work and all other appurtenant work as shown on the plans or included in the specifications shall be included in the unit ' price bid and no additional compensation will be made. ' BID ITEMS 4 and 5 Furnish and Install Inlet Type V The work for these Bid Items shall include excavation, bedding, furnishing portland cement bases and inlet aprons, metal fabrication ' and placement and backfilling per OCEMA Standard Plant 305 and the special detail in the plans. -26- 1 1 Y 1 ' Workmanship shall conform to Section 303-1 of the Standard Specifications. ' Bedding shall be crushed aggregate base per Section 200-2.2 of the Standard Specifications. Reinforced concrete shall conform to Sections 201-1 and 201-2. Backfill shall be select backfill as approved by the engineer and conform to Section 306-1.3. ' Corrugated metal pipe shall conform to Section 207-11. The ' galvanized metal intake assembly shall conform to Section 206.. Payment ' -27- 1 Full sensation for all labor, materials, tools and equipment for the above work and all other appurtenant work as shown on the plans or included in the specifications shall be included in the unit price ' or lump sun bid and no additional compensation will be made. BID ITEMS 6, 7, 8, 9, 10 - Furnish and Install Junction Structure Type I, Junction Structure Type VI, Junction Structure "A" and "B" ' and Modified Junction Structure Type I The work of these bid items shall include sawcutting and removal of asphalt concrete, excavation, bedding, steel fabrication and placement ' fornwork, placing of concrete, backfilling and repaving the area of removal to its original lines with 3" AC/6" AB. ' Workmanship shall conform to Section 303-1 of the Standard Specifications. Bedding shall be crushed aggregate base per Section 200-2.2 of the Standard Specifications. Reinforced concrete and reinforcing steel shall conform to Sections 201-1 and 201-2. Backfill shall be select ' backfill as approved by the Engineer and conform to Section 306-1.3. Portland Cement concrete shall meet the requirements of Section 400, ' Section I of OCEMA Standard Plan 803. Cement shall be Type II. Untreated base material shall conform to OCEMA Standard Plant 804. Asphalt concrete shall meet the requirements of Sections I and II of OCEMA Standard Plan 805 and be Type III -C-3 (1/2".) Contractor ' shall install SS -H1 seal coat after placement of asphalt concrete. Payment ' Full sensation for all labor, materials, tools and equipment for the above work and all other appurtenant work as shown on the plans ' or included in the specifications shall be included in the unit price bid and no additional will be made. sensation ' -27- 1 r ' BID ITv1S 11, 14 - Remove Portion of, and Plug End of Sewer Lateral, Remove Existing Portland Cement Concrete Vee Ditch ' Workmanship shall conform to Sections 306-6 and 300-1 of the Standard Specifications. The work for these bid items shall include utility and facility protections, pipe and pavement removals and facility relocations to the satisfaction of the engineer. The work shall include water flow control as applicable. ' "Protect" shall mean protect in place where possible, but may also mean relocate without cutting, breaking and/or splicing; where protecting in place is not possible and where the item to be protected can be uncovered ' for a sufficient distance each side of the work to allow the item to be 1 -28- Payment ' The lump sum or unit price bid, as applicable, shall include all labor, materials, tools and equipment for the removal and sewer remodel, as ' applicable, and no additional compensation shall be made. BID ITFM 17 - Furnish and Install Asphalt Concrete Vee Ditch Lining ' workmanship shall conform to Section 301 and 302 of the Standard Specifications. The work for these bid items shall include the adjustment of existing manholes and water valve covers up to ' proposed grade. Untreated base materials shall meet the requirements of OCEMA Standard Plan 804. Asphalt concrete shall conform to Sections I and II of OCEMA ' Standard Plan 805 and be Type III -C-3 (1/2".) Contractor shall install SS -H1 seal coat after placement of asphalt concrete. ' S. Insurance and Overhead Costs The contractor will not receive any direct compensation for insurance and overhead (move in, clearing and grubbing, etc.) costs. Accordingly, all t such costs shall be pro -rated to the appropriate bid items. ' 6. Utilities The engineer has endeavored to show all existing utilities. The contractor must, however, take all precautionary measures to protect all utilities. ' All utilities and facilities designated on the plans or found in the field, or indicated to exist by advance field construction evidence, shall be carefully uncovered within the lines of the project work. Time shall be allowed and used to determine whether or not the utility or facility ' will interfere with the project storm drain and its appurtenances. In the event a position conflict exists, the contractor shall arrange to ' relocate the utility item, or adjustments may be made in the proposed elevation, grade and position of the project storm drain or appurtenance by the engineer, at the sole discretion and decision of the engineer. ' "Protect" shall mean protect in place where possible, but may also mean relocate without cutting, breaking and/or splicing; where protecting in place is not possible and where the item to be protected can be uncovered ' for a sufficient distance each side of the work to allow the item to be 1 -28- 1 r re -lined or set -over without distress or danger to the line, structure ' or function. "Protect" may also mean, remove and relocate, where the protection methods described above are not possible or feasible, in which case the contractor shall: a. Arrange with the local owners or users for a time and period ' during which the facility may be out of use. b. Assemble all materials, tools, machines and workmen necessary to remove and replace the facility in the period of time arranged; or, arrange to have the forces of the utility com- pany or owner involved assemble its materials, tools, machines ' and workmen to produce the relocation, then, c. Accomplish the relocation. The contractor shall be responsible ' for the work and material product, and for the location, suit- ability and functioning of the assembly or item in its reloca- ted position. ' The work and costs of locating, uncovering, measuring, planning the pro- tection or relocation method, producing the protection or relocation of all public utilities, private facilities, city sewer main and laterals, ' water district main, laterals, and meters, and all other similar items and facilities shall be the responsibility of the contractor, and shall be paid for at the unit prices bid for Items lA and 1, and no additional ' compensation will be made. J 1 --29-