Loading...
11-0621_PAULUS ENGINEERING, INC_Contract CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and PAULUS ENGINEERING, 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 Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the CI'T'Y and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction 2006 Edition, including all Supplements, Contract Bonds,Resolutions adopted by the CITY pertaining to the work,insurance 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 necessary to perform and complete in good and workmanlike manner the construction of SAN JUAN CREEK ROAD EXTENSION CIP 11202 in strict conformity with the Plans, Specifications and all other contract documents prepared by HEDFN AND ASSOCIATES released March 4, 2011, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal in the sum of two hundred fifty-eight thousand seven hundred forty-five dollars ($25$,745), at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impractical 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, Five Hundred Dollars($500)per calendar 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 contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California,on Forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%)of the amount of this contract and shall be conditioned on full and complete performance of the contract,guaranteeing the work against faulty workmanship and materials for a period of one(1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent(100°/x)of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California,copies of the prevailingrato of per diem waw,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 part hereof. CONTRACTOR agrees that he,or any SUB-CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than Two Million Dollars($2,000,000) combined single limit. Insurance certificates shall be for a minimum period of one(1)year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one personlany one occurrence/not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail,return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than thirty(30)days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, Tetra Tech, its officers, agents,and employees from and against any and all claims,demands, loss or liability of any kind or nature which CONTRACTOR,its officers,agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of,or arising out of,or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to,the stipulation that eight (8)hours labor constitute a legal day's work and CONTRACTOR shall,as a penalty to CITY,forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than.eight(8)hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. If CONTRACTOR is not already enrolled in the U.S.Department of Homeland Security's E-Verify program,Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work herei,mder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis- dhs.com/employerregistration. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San .Tuan Capistrano m 1 DATED: BY: am Ilevato, Mayor BY: CONTRACT , LICENSE NO. AND CLASSIFICATION OU LU . ATTIS41. Mara- Tris, City Clerk t APPROVED . S TO FORM: Omir an .oval, rty Attorney Its This is EXHIBIT A, consisting of one page, referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR BID TO: CITY OF SAAB JUAN CAPI sTRANO The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with the City in the form included in the Contract Documents(as defined in Article 4 of the Agreement)to perform the Work as specified or indicated in said Contract Documents entitled, C.I.I . 11202 Bidder accepts all of the terms and conditions of the Contract Documents, including without.limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond,Performance Bond,and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number Date Number Date Number Date._ Number bate _mm_ Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the focality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost,' progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 186€3, et seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be Insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions,before commencing the performance of the Work of this Contract, To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named. in the aforementioned Bidding Schedule(s). Dated: V-3 Bidder: o s By: 1 Z (Signature) Title: i SAN JUAN CREEK ROAD BID PROPOSAL- 1 UTILITIES EXTENSION PROJECT BID FORMS—PAGE. 1 FORM U-300 X08(1-300bW,yvpd Nov 2001 Name of Bidder- Am &6/ V f _� ?&C This is EXHIMT B, consisting of one page, referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR D SCHEDULE SAN JUAN CREEK ROAD UTILITIES EXTENSION..C.I.P. NO11202 In San Juan Capistrano, California &6-m--Description unit Total . No. Quantity Price -_ Cost 1. Mobilization, Demobilization, Bonds, Ins. Job LS 2. Connection to Existing Potable Water Job LS 3. Connection to Existing Recycled Water Job LS 4. 12-inch and 16-inch Potable Water Pipeline 1,090 ` e LF u. 5. 8-inch Recycled Water Pipeline 1,020 vIr` __ LF 6. Eire Hydrant Assemblies Job LS 7. 1-inch Air/Vacuum Valve Assemblies 2 d a EA 7, ZVI' 8. 2-inch Calow-off Valve Assemblies 2 SEA 9. Pavement Repair, Testing, Disinfection, Clean-up LS ? 71 TOTAL CASE BID" PRICE: $ 154 / (Price in words) (Price in words) "Alter natw tional" Bid 6te� 10. Connection to Existing Manhole Job LS 11, 12-inch Sanitary Sewer Pipeline 1,040 , - LF 12. Manholbs 3 EA TOTAL"ALTERNATE/OPTIONAL" BID ITEMS PRICE: (Price in words) SAN JUAN CREEK ROAD Bib SCHE©ULE. UTILITIES EXTENSION PROJECT BID FORMS-PAGE 2 FORM U•301 LUMP SUM - x68U_3DF Wmp.wisd No2641 INFORMATION REQUIRED OF BIDDER LIST" OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Sid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Subcontractor's License Work to be Performed Number Subcontractor's Name & Address c � --� — -- — 7 SAN JUAN CREEK ROAD LIST OF SUBCONTRACTORS UTILITIES EXTENSION PROJECT BID FORMS -PAGE 4 FORM U-430 7 0U-43osubs.wAd Aug 2001 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of 6 a&O G .; ) I, JASON ( AQ%...j being first duly sworn, deposes and says that he or Zbe is �e-�.(6eo r of 4 LOS 6006®O egJAJ6 /A�G , the party making the foregoing Bid, that the Bid is not rude in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or share Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham.Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or- indirectly, rindirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her 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 to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or share Bid. Bidder LALd e - 'terms BY Title 11q k"' Organization ® k. Address e6 SAN JUAN CREEK ROAD NON-COLLUSION AFFIDAVIT- 1 UTILITIES EXTENSION! PROJECT BID FORDS-PAGE 5 FORM U-480 11 U-480ro1.wpd Rug 2007 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of'C7ran�c fh be Fiore fie,_ Cynthia J. Valencia Notary Public personally appeared Jason Paulus who proved to me on the: basis of satisfaetory evidence to be the person(s) whose na.rne(s) is/are subscribed to the within instrument and acknowledged to me Ella[ helshe/they executed the same: in his/her/their authorized capacity(ies), and thatt by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted. executed the instrument. I certify under J1ENAt,'rY ()F II RJUIZY under the laws of the State of California that the foregoing paragraph is true and correct. I` WI'i' nay hand nd official seal. CYNTHIA J. VALChtC1A _ ; C:rSrrs"Sslon 1773427 Notary Public - Callfornla tiignalrr i.csl', 11r} I'€rbl". (Vot€ry tical} Orange County C�rrm•FX of 16,2f)11 ADDITIONAL OPTIONAL INFORMATION I I' 1'. i � E DESCRIPTION(}1<•I•HE ATTACHED I�f3E;t1ME<NT i CAPACITY CLAIMED I3'1''I'E-EEs SIG1\E18 i ! 3 Ncp€CIltlsir n_Af1rn„ _ -"Title or dcscriplion c rallstcild clocoment Individual Corporate Officer x /Title President Number of€}ages Doc€mentt3rrte Partner - Attorney-In- act ! Trustee Other E Addifit wit 6iforttruEirn€ BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. 1--a lure to complete all Item,,3 will caust: the Bid to be rion-responsive afld may cause its rejection, I. E3JDDER/C DN'T'RACT0R'S Naive and Street Address: _ 1 _.. . .._......_....... _._. ._ .Ww w,_.,__.. ....._ _ ..... 2. CONTRACTOR'STelephone Number: Facsimile Number: { �� ) � � I—It E-mail address 3. CONTIRAC;-1-DR'S l_.icense: Primary Glassificat:ion State: License N€rMbOr(s)� ..._..__ � _ w. Supplemental License Classifications 4. Surety Company and A ent who will provide the required Bonds on this Contract: Name of 5rarc,t Address Surety Corrrpany Agent.._. �,ja-r o 'Telephone Numbers: Agent Cff ) Surety 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of, --- "I= List the names and addresses of the principal members of the firm or names and titles of the print€ l officers of the corporation or firm: Ww SAN JUAN C;RFEK ROAD BIDDER'S GFNERAI.. INFORMATION UYILITIES FXTCNSION PROJECT DID FORMS - PAGF 7 FORM V-A 20 _ K1 3U-42010110.11pd Nov 2001 IDDER'S GENFRAL INFORMATION {C,on inued) .8. mutter of years oxperit me, as 2 contractor in this specific type of construchorr work: 9. 1_.jst at Ir ast three related projects of comparable stye and cc�rr�pl€:xity oompleteci to date: 1, Owner Address Contact Class of work _..._............ Phone (._..__._.._.. ) Co 11ount Project( } � � �' Date completed 2, Owner Atldre:ss Contact Class of work Phone (._....__�) Co€tract amount Project ( —......._.._) [date completed 3. Owner Address Contact Class of wor4C Phone ( ._...._ .d_) Contract amount SAN JUAN CREEK ROAD BIDDER'S GENERAL INFORMATION UTILITIES EXTENSION PROJECT tall) FORMS - PAGE 8 Fn7TtYi 0.420 - xI3V A20in10 vrgd No-2001 Project(— _.�) Cate completed '10, I..ist the narne and title of the person who will supervise; full-time the proposed work fOr yauM firm; _..,..... 11 is full-time supervisor an ernpfoyee contract services ..__..._.... 12.A financial statement or other information and references sufficiently comprehensive: to permit ars appraisal of your current financial condition ruay be required by the E:ncginee:r. SAN ,JUAN CREEK ROAD BIDDER'S GENERAL INFORMATION UTILITIES EXTENSION PROJECT BID FORMS PAGE 9 f:onm 0.420 x13U420�nfq.vgid IJUJ 200, - City of Anaheim Citywide Sanitary Seaver improvements Anaheim Install Sewer Line� S / 367,918.00 Apr-09 Psomas 200 S.Anaheim Blvd. 1 a"Up to 20'Deep 3187 Red Hill Ave Anaheim,CA 82805 Costa Mesa,CA 92526 (714)765.5€159 v (714)765-4.409 F Coachella Valley Water Dist. Monroe Sheet Trunk Sewer Coachella Install Over a Mile S 776,328.00 Feb-09 MSA Corlsultllng lnc 85-955 Ave.52 of 12"Sevier Line 34200 Bob Hope Dr Coachella,CA 92n6 Rancho Mirage,CA 92270 Jorge Meza (750)391-9637 City of Fullerton Sewer Repl Proj.2007-08 Fullerton install 18"Sewer up S 1.100,218.00 Dec-08 DMjM Harris 303 W.Commonwealth,Ave. To 24`Deep 999 Town 2 County Rd Fullerton,CA 92832 Orange,CA 92858 Eric Vii€agracia (714)738-6853 v (714)738-3115 f Irvine Ranch Water District— Bayview Sewage Ziff Station Newport Beach Bypass and Replace S 429.000.00 May-09 URS 15600 Sand Canyon Ave. Main Lift Station 2020 F 1st St Irvine,CA 92618 Pimps&Vaults Santa Ana,CA 92705 Anita Arant (714)453-5300 Ventura County Waterwoft 21"Arroyo Simi Trunk Sewer Ventura lnstail 21"PVC S 360.000.00 Jul-08 Pennfield&Smith 5767 Spring Road Sewer line w/Bore 1322 Del'Ncrte Rd Moorpark,Ca.93020 under Railroad Tracks Camarillo,CA 93010. Cefe Munoz (805)378-3020 (805)529-7542 BOND# I-13 PREMI€3M. NII, BID BOND KNOW ALL MEN By THrzSE PRESENTS, That - PAULUS ENGINEERING, INC. as Principal, and _. NORTH AMERICAN SPECIALTY INSURANCE COMpANX as Surety, are held and firmly bound unto The City of San Juan Capistrano, hereinafter called the "Owner"in the sum of TEN PERCENT CSP AMOUNT BID (10%) dollars (not less than 10 percent of the total amount of the bid) for the payment of which sump well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said principal has submitted a Bid to said Owner to perform the Work required tinder the Bid Schedule(s)of the Owner's Contract Documents entitled; SAI, JUAN CREEK UTILITIES EXTENSION CIP NO, 11202 NOW THEREFORE, If said principal is awarded a Contract by said Owner, and within the time and in the manner required in the "notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement an the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, thea this obligation shall be mall acrd void, otherwise It shall remain in full force and effect. In the event suit is brought upon this Bond by said Owner, and Owner prevails, said Surety shall pay all costs incurred by said Owner in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 25TH day of MARCH 2011 e PAULUS ENGINE .NG, INC. ._ ....._.(SEAL) (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) BY: (SEAL) (SEAL) (SEAL) SAN JUAN CREED ROAD BID BOND (BID SECURITY FORM) UTIUTI S,EXTENSION PROJECT BID FORMS-PAGE 6 FORM U-440 x72tf.a14handvrpd Nov 7.001 (Principal) hibR'PH AME. 1:CAN "U,ALIY ' URATNCECOMPANY (Surety) BY r (Signature) RICBARD A. COON, ATTORNEY-IN-FACT SAIL J CRK ION P�a��cr BID BOND(SID SECURITY FORM) UTILITIES ��� x�°�i�se�ni PROJECTrORMV-990 BID FORMS -PAGE 6 xtxU-9iflhand.uvpd hlav z9nt CALIFORNIA ALL-PURPOSE A € NO LEDGME " STATE OF CALIFORNIA County ot.Orange .._.___ _._._�-------....-____-__._-__ Ory 3/25/11 before rne, Lexie Sherwood Nota f utgic -- Oak- HUI)Insert N3rs1e and 3511c n!lite ptticer personally appeared f chard A. Coon t+tan}e{s)ciS Siyner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capadty(ies), IE SH and that try his/her/their signature(s)on the instrument the L.l Co SHS WOC317 or the entity a 6n behalf of which the person(s) Comm.#1856389 person(s), Y p' p f ) :.- NOT- RYPUBLIC 0CAL>ORNIA acted, executed the instrument. ORANGE COUNTY Cnlnm.Exp;JULY 27,2013 I certify tinder PENALTY OF PERJURY under the laws of ty .rte the State of California that the fore oin and correct, g g paragraph is true Witness my hand and official soLz6a�W­­­­ Signature 'lace Nary Seal Above rc Pynauc OPTIONAL Though the information below is not required by law, if rimy prove valuable to persons relying on the document and could prevent irauduletrf removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: _m _._ Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:_- _— Signer's Name: [-I Individual El individual — ❑ Corporate Officer 4--Tiitle(s):___ ' ❑ Corporate Officer----Title(s)- �______. (_) Partner i t_imited C.1 General E3 Partner—El Limited{A General "IhUmb () Attorney in Fact ❑ Attorney in Fact El Trustee CI Trustee � ❑ Guardian or Conservator (" Guardian or Conservator Top of thumb here O€her: C.� Othc r: Signer Is Reprosenting: Signer is Representing: k MZ National Nalary AssodaVun•93500o Soto Ave.,PC),BOX 1,402•ChllswocV),CA 91313-21402•wen.Nal1ona1N(Jary.0rrg Vern 45+907 Reorder:Call Toll-!rce t-800.97G-6927 CALIFORNIA ALL-PURPOSE CE RTIFICATE OF ACKNOWLEDGEMENT State of California County Oil 04/01/11 before nye, � nthia J. Valencia Notar Public personally appeared Jason Paulus who proved to nye on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed'to the within instrument and acknowledged to nye that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument. the person(s), or entity upon behalf of which the person(s)acted, executed the instrument. I certify under P MALTY OF PERJURY under the laws of the State of California.that the foregoing paragraph is true and correct. LW11" E' S. nay hand anal ofticial seal rvt��ni�� u�i.�r IA q C'nmmisslon 4 17'73427 P. c €rotary pu611c Cali4otttic� -- T o E3tan4� County�sMt 15,2111 sialutin€eol otaiyl'ubli - �� (Nolary'Scal) i s i, jp I ADDITIONA[.OPTIONAL INFORMATION I# f. _,..,._._...__._...a.,.,-:_.•-.-_,...,.�..��,.._....,......_.__ ...__.. —__ .____...,. ,.,.m. .........w ......._...._ ._...._..,.,.__. --�I 1 i € DESCRIPTION OF THE AT,rACHED DOCUMENT ; CAPACITY I Y C I.,/�CMIsID BYTHE hII.SIGNER E 13sd-l1 id I. rstiQ o€kscri piion of aisachcd docut}ten€ Individual _ I' Corporate;Officer � x /Title. President imbcr of pages ___.. I7nctntrcnt l]tt€c . ..... ....--- �.._. Attorney-In-Fact Atlir1(y� .111-I'rCt -- _._.. i 1'rustec Other Additional h6ormation [EE E I 3 is I I. _.._.. ... ,_ ..... ................ f } f } NAS SURETY Y CROUP NORTH AMERICAN SPI CIALTY INSURANCE COMPANY WASHINCITON INTr-, IATIONAL.INSURANCE COMPANY GENI;Id,4L POWER€ F A'IT"C3ItNEY j i KNOW ALI,M.EN lit'THESE PRESENTS,111AT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State ofNew Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington Intennitionxt i Insurance Company,a corporation organized told existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: ^DAVID L COL33FRTSON,Cif ARLES L.FLAKE,RICIIARD A.COON, and LEXlIi SHERWOOD JOINTLY OR SHV LRALLY Its true and lawful Attorneys)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,an.contracts of suretyship as are or may be required or ponnitted by law,regulation,contract or otherwise,provided that no bond or undertaking;or contract or suretyship executed under this authority shall exceed the arrnount of: TWENTY-FIVE MILLION($25,000,000,00)DOLLARS This Power of At(omey is granted and is sighed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North Ametycan Specialty lnsurance Company and Washington International Insurance Company attrimfings duly callers and held on the 20'of March,2000: { "RESOLVED,that an two of the Presidents,an Managing Director,any Senior Viec President,an Vice President,an Assistant Vice President � Y Y � g Y+ Y Y , i the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorrncy mined in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of thein hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the scat of the Company, and it is CURTIIER RESOLVE0,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any i certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile scall shall he binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attaelled:` 3 `�151155NIIglilllfl/ 7 t# ,� p�P8ryT3G 4 Stevru P.Andenon,Presidenl&firer Sxecuttre DlFicer OrIVAihingm In]ernntionnl Jnaurnnee Co+ngnny ate SEAL 'I, - [ w i J0T3 art &Srtdtr Vice Praldud nrlloal,American Spr<Ay lnsurance Caarpary �Vi4 :g 'fJnrtnuuaulaBy rrKr •... ,.��a ntvFd h5,I,ap nark 5enlor Vice r`residett a/rJ�Vasldnplon rnlernntional tnsurwrca l'on=r>nny "'h'� &Vim I'm14W orMah Ame ie—Specially Im,rwtee Conti+any i IN W117NESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to he hereurnto affixed,and these presents to be signed by their authorized officers this 116th day of August 2()10 , North American Specialty Insurance Comimny Washington International Insurance Company State of Illinois Ciuunty of Cook ss: oil this 16t1s day of August 20 l0`before rise,a Notary Public personalty appeared--Steven r.Anderson ,President and CI5O of Washington International Insurance Company ants Senior Vice President of North American Speoialty Insurm ice Company and David M.Layman; Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,fvho being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act.and deed of their resuective comuanics= "UtC1Ct�SC$t3AL" 1 GHJ)(t t (Zuh Q . t7OAii+rAD:.SKthNS _ hnla€yPtibUr,S[areotlltiaols Donna.D.Skier}s,Notary Public My(bmmWoa Rcpires'tR"6=0ll' 1, ,lames A.Carpenter the duly elected A}si taut ' c t i of North American Specialty Insurance Company and Washington Interrnational Insurance(onnpany,do Increby certify that the above and foregoing;is a tore and context copy of a Power of Attorney given by said North American Specialty Insurance Company mid Washington htternational Insurance Company,which is still in full force and effect. IN WITNESS WREREOF,I have set my hand and affixed lie seals of the Companies this 25 th day of_..._...___March .,20 3`1. Janus A,Carpenie:,Vim Pwidmi&ASaiswt Secroary a mhingtoit intemaliemal hrsurmr Campany f� Hardt American Syeatatiy rm,a ca Company 1@5 vl Inlipil 11 F t CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County Of :In;e Is On 03/25/11 before me, Cynthia J. Valencia Notary Public personally appeared. Jason Paulus who proved to nye on the basis of satisfactory evidence to be the; person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shc/they executed the sane in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of is which the person(s)acted, executed the instrument. >�I I certify under PENALTY TY OF PERJURY under the lavas of the State of California that the foregoing paragraph �`. is true and correct. W IN::' ' my hand and official seal CyN7MA d: VA�l CIA s €�rrrmisslon 1773427 NO@O y PubilC t ctirfor€tle€ orange County sii;naturr,ai' c ark Ptdrlic ` • (Notary Seal) l r' ADDITIONAL OPTIONAL INFORMATION E � i E ( I r DESCRIPTION OF THE ATTAC'IT lI DOCUMENT CAPACITY CLAIMED BY THE SIGNER _ Bid r35l»d._,_ ...... _ _ 'I€trc or descrtp€ion of ttt ichcd document ' Individual ------- Corporate Officer x /Title President , IE Number at pa i)oeument Dat Partner _ _-_. ..._. .. ± !lttornc.y-irl-l`act I; I Trustee Other _. I Additional h6ornmation ------ !� [5 f i I I E ii ADDENDUM NO. TO THE SPECIFICATIONS ANIS BID FORMS FOR'ITHE CONSTRUCTION OF THIS SAN .JUAN CREEK ROAD UTILITIES EXTENSION CII' 11202 March 25,2011 To: All Plan Holders Froin: The City of San Juan Capistrano and J. C. Heden and Associates, Inc. Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Plans and specifications to furnish,deliver, and install the San Juan Creek Road Utilities Extension project as fully and completely as if the same were {ally set forth therein, This Addendum No. I shall form a part of the Contract Documents and take:precedence of the original.Contract Documents. Bidders shall acknowledge receipt of this Addendum No. I by signing page A 1-2 and emailing a copy of page Al-2 to the City of San Juan Capistrano, Mr, Joe Mankawich, j �Etl mwiclset€. ,cj€: and Nfr. left'Ileden, #i rrjcjjc cis €.cern€ both by o0F6 ;P Wednesday Marcb 30,20i' . In addition, this Vagc;Al-2 shall be included in the Contractor's bidding document package. DATED: March 25, 2011 v.Joe Mankcawich Associate Engineer City of San Juan Capistrano Addendum No. I (March 25,2011) City of Sail Jum Capistrano San Juan C€-eels Road Utilities Extension THIS PAGE TO BE AT"TAC HED TCS BIDDING DOC'UNICNTS. 1. have received Pages A I-I through A 1-4. Date Received by Bidder- y: Bidder's Company X ,, e Bidder's Si a$u Typed or Printed Name AddenduntI Sin Jwm('rock RmtO € liblics Fxwnsion-Mard)25 2011 VA61-Al-2 AddendUni No. I (March 25,201 l) City of San Juan Capistrano Sana Juan Creek !toad utilities Extension The following changes, additions, deletions, or modifications shall be made to the Contract Documents and shall tape precedence over the original Contract Documents; all other provisions in the Contract Documents remain the same. .. BIDDING ANIS CONTRACTUAL DOCUMENTS Bidder's shall utilize the: City's Bid proposal Dorms. No other t-orn3s, shall be accepted. 2. BIDDING AND CONTRACTUAL DOCUMENTS Bidders shall .understand that. the basis of award is the total amount bid for Base Bid Items 1-9. 3. CLARIFICATION QUESTION ASKED AT PRE-BID MEE'T'ING Question: Was there a geotechnical report prepared for this pro.ject? Answer: No there was not. . 4. CLARII'IC.ATION QUESTION ASKED,AT PRE-BITS MEETING Question: The plans and specifications call out different types of manhole linings. Which will the City he requiring on this project? Answer-. The City will require the sewer manholes to be polyurethane lined per Sewer Note 26 on Drawing G-2 since PVC linings only pertain to manholes with sewer mains 18-inch and larger. Part 2.09 of Technical Specification 03451 Precast Concrete Manhole specification requires the APC polyurethane liming. 5. CLARIFICATION QUESTION ASKED AT PRE,-BID MEE'T'ING Question.: Will night work be required'? Answer: Night work will need to be arranged with the City iu advance and may only be required for the shut-offs/connections impacting the development located SE of the existing sewer manhole near Station 10+00. Base bids upon normal working hours of 7:30 AM to 5:30 PM. C CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Will pert-nits be required, will the contractor have to pay for them and about how nzuch will they cost? City encroachment permit fee will NOT be waived. The cost is $200, The contractor is also required maintain a current City Business License,$60. Addendtnnt.San.tnan Cfcek Road a.)tilities tixtension-March 25 2011 PAGE AI-3 Addendum No. I (March 25,201 1) City of San pian Capistrino `mi Jua]r Creek Road Utilities Extensim 1. CLARIFICATION GIVEN AT PRE,-BID MEETING Clarification: The Kinder Morgan (KM) high pressure 16-inch Aviation Fuel Pipeline is a major element of this project. It was potholed by city crews in the presence of a KM representative. Any and all excavation shall require advance notice; to and communication with KM and their physical presence during; excavation. A detail has been provided in the plans together with information on the plan/profile sheet. The KM contact information is included on Drawing C-I as Note; 1. No permit for the KM pipeline crossing will be required. 8. CLARIEICA'T"ION QUESTION ASKED AT PRE-BID MEETING Question: Will the City include the sanitary sewer improvement as well with the award of the project? Answer: That decision will be surly up to the Ranch and the City. 9. C:L.ARIJ IC"ATI®N QUESTION ASKED AT PRE-BID MEETING Question: What type of backfill for the pipeline trenches will be r'equired'? Answer: There is a City Standard Detail W-Il that gives this information. There may be pater•details that supplement this detail as well. Silo CLARIFICATION QUESTION ASKED AT PRE-IIID MEETING Question: Where can a bidder obtain plans and specifications? Answer, The City as set up a special weir site arta) there is ar charge to obtain a set of plaits and specifi.eati®ars. Cost is $ 31.25 per set. 11. CLARIFICATION GIVEN AT PRE-DID MEETING Clarification:. The amount to be used in the Ag reemcnt/contract for liquated darnage;s shall be two hundred, fifty dollars(`1;250). Addendum l San Juml Creek Road IIli]itics I:Xtensiml,March 2S 2011 PA61 A 1-4 EXECUTED IN THREE COUNTERPARTS BOND# 2130235 PREMIUM: $4,881 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That PAULUS ENGINEERING INC. as Principal, hereinafter called CONTRACTOR, and NORTH AMERICAN SPECIALTY INSTIRANCE as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San.COMPANY Juan Capistrano, as Obligee, hereinafter called CITY, in the amountof :TW mmRED F=Eimr THOUSAND SEVEN HUNDRED FORTY-FIVE & NO/I.00Dollars for payment whereof Contractor and($258.745.00) Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): * which contract is by reference made a part hereof; SAN JUAN CREEK ROAD EXTENSION CIP 11202 NOW THEREFORE, the condition of this obligation 'is such that, if Principal. shall promptly and faithfully perform said agreement, then this obligation shall be null and Void; otherwise it shall.remain in full force and effect. Surety waives whatever legal right it may have to require that a demar d be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: I. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxied as costs and included in any judgment rendered. 2. Said Surety, for value received,. hereby stipulates and agrees that no change, extension of time, alteration-, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereander. Executed this 19TH day of JULY 2011 at ANAHEIM California. ANAHEIM PRINCIPAL JAULULU ENGINEERING, INC. BY: APPROVED AS TO FORM (NOTA OTAIWTION AND SEAL) 0 MAR SAN DOVAL, CITY ATTORNEY SURETY NORTH AMERICAN SPECIALTY INSURANCE COMPANY BY: RICHARD A. COON / ATTORNEY-IN-FACT (NOTARIZATION:AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 7-19-11 before me, Lexie 'Lherwood—Notau Public Dale Here Insert Name and Title of the Officer personally appeared Richard A. Coon Name.{s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they _ ? 9Fm� S ;IiIOQD executed the same in his/her/their authorized capacity(ies), ' t and that by his/her/their signature(s) on the instrument the co,i,iro.oio5 2a9 person(s), or the entity upn behaf f which the person(s) t 1 Pct"9"l:�t'?"ti:dl 5„%r)AA.ir"C3SNIA r OKM;iGECOUN acted, executed the instrument. 0. n. CtatExp-aUl_Y27, 013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and fficial seap. Signature_ Place Notary Seal Above Signature o o ry Public O# l!O YAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:_ _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name. _ ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s).- El Partner---❑Limited❑General ❑ Partner—❑Limited❑General ❑ Attorney in Fact ❑ Attorney in Fact ` '� -•- ❑ Trustee • C1 Trustee • ❑ Guardian or Conservator "top of thumb here ElGuardian or Conservator Top of thumb here El Other: L1Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Assouation-050 Da Soto Ave..,P.0.Box 2402-Chatsworth,CA 91313-2402--w%w.Nat€onalNolary.orgmm Iters 45907 Reorder:Call Toll-Free 1-80G-876-6827 ........... ------------ ............ ........................ ............. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY T14ESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duty organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, and LEXIE SHERWOOD TOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of- TWENTY-FIVE MILLION($25,000QqQ.00)WLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty insurance Company and Washington International Insurance Company at meetings duty called and held on the 20 of March,2000: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is KIRTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or Certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." By ac-2— P..y Steven P,Aodenca,PreOdcnt Chief Fxeetavt Officer of Washiaglob Internalfonal Insurance Company SIAL F11 1973 &Senior Vice President of North American specialty insurance Company David M.Lpyrn.%,Senior Vice PresiderofWashh-Woo Wernatia.4 fns.rauct Company Vito President of North American Specially 1pauranee Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 16th day of August ,201 p. North American Specialty Insurance Company Washington International Insurance Company State,of Illinois County of Cook oil this 16t1a day of August 20_1 0 before me,a Notary Public personally appeared P Steven .Anderson President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David lv[.Layman, Senior Vice President of Washington International Iusura.ncc Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective conwanies. 10M CIAL SEALP ADS L6�,nw �,) tfcriaJyFubXS=ftjf Donna D.SIdens,Notary Public My commiffilonF-Vhts mmil 1, James A.Camente , the duly elected to of North American Specialty insurance Company and Washington E— �t ' � International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey given by said North Ainerican Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect, IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 19u,f JU1Y 20 11. 9--q—114 James A.Carpenter,V=President&Assistant Secretary of Washington IntemafioRal Insurance Company Nonh Americau Specialty Insurmce Campmy CALIFORNIA ALL-PURPOSE E CERTIFICATE OF ACKNOWLEDGEMENT i State of California I County of Orange On 07/19/11 before me,_ Cynthia J. Valencia Notary Public personally appeared Jason Paulus € who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized i capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of E which the person(s) acted, executed the instrument. I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WIT SS my hand and official seal. e-or­ CYNTHIA J, VALENCIA • Commission 4 1773427 Signature of otary Puha V (Notary Sea]) i 3 i E E f E E E € ADDITIONAL OPTIONAL INFORMATION E E DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Perfonnance Bond Title or description of attached document Individual Corporate Officer x /Title President Number of pages Document Date Partner € Attorney-In-Fact ' W Trustee € Other Additional information E I EXECUTED IN THREE COUNTERPARTS ND# 2130235 Premium Included in Performance Bond LABOR AND MATERIAL. BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Grange County, California, has awarded to PAULUS ENGINEERING, INC. , License No. 724114 hereinafter designated as "Principal", a contract for SAN JUAN CREEK ROAD ; and EXTENSION CIP 11202 WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or ether supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any wort or Labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREF=ORE`, weENGINEERING, INC. , Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the: penal sum of DOLLARS ($ 258,745.00), lawful money of the United States of America, for payment of:which sum well and truly to be made we bind ourselves", cur heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors; administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sunt specified in this bond. and also in case suit is brought upon the bond, a.reasonable attorney's fee to be fixed by the court Th.s bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration.or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this brand and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder, TWO HUNDRED FIFTY-EIGHT THOUSAND SEVEN HUNDRED FORTY-FIVE & NO/100 DOLLARS As a part of the obligation secured thereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered IN WITNESS WHEREOF three ('3) identical counterparts of this irt-s"trumert, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 19TH day of JULY 2011. The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL. AULU NGINEERING, INC. By NORTH AMERICAN SPECIALTY INSURANCE COMPANY SURETY B l � �- v RICHARD A. COON / ATTORNEY-IN-FACT APPROVED AS TO FORM OMAR S RNDOVAL, CITY ATTORNEY CALIFORNIA ALL-PURPOSE .ACKNOWLEDGMENT STATE OF CALIFORNIA County of OraDge } On 7-19-11 before roe, Lexie Sherwood Nota Public Date Hare Insert Name and'ritie of the t3fricer personally appeared Richard A. Coon Names)a4 Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), I_EyIE SHERWOOD and that by his/her/their signature(s) on the instrument the r (; iIPJI. 1563s9 person(s), or the entity upon behalf of which the person(s) �v NnTra t`r PUBLIC fA c `'rolAO 0acted, executed the instrument. ORAN('E GOUNTY ^' Comm Exp.JiJLY 27,2013 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and o "sial seal. Signature Place Notary Seal Above Signature of N tar ubiic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: _ ❑ Individual ❑ Individual ❑ Corporate Officer--Title(s): ❑ Corporate Officer—Title(s): ❑ partner------❑Limited❑General ❑ Partner—❑Limited❑General ❑ Attorney in Fact I =14111 ❑ Attorney in Fact ❑ Trustee ® ❑ Trustee ° ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: [ Other: Signer Is Representing: Signer Is Representing-, `�'�%e��'75�^l�C:'��`G� /v' `t=�c`"�`�;;�^�'%��-4`�_`la��'_�.�£.`"t`�"�S�`��`-Li�G�`-�' �`��G�`-E,`�v`�'��:E�^Z'�=`�"��'�`� �`• @2007 National Notary Association•9350 De Soto Ave.,P.Q.Sox 2402•Chatsworth,CA 91313.2402•m .Naliona€Notary.orq ]tem it5907 Reorder:cat€Toll-Free 1-8a0-876-6827 ................................................... .................................. ....................... ........................ NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSLJRANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of Maw Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, and LEXIS SHERWOOD JOINTLY OR S13WRALLY Its true and lawful Attorney(s)-in-Fart,to make,execute,sea]and deliver,for mid on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond an behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY-FIVE MILLION($25,000,000,00)-DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on Elie 20 of March,2000: . "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company-, and it is FuRTHr-R RFSOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seat shall he binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." 4 _4 Rum P.Awlemon,President Chief Emcutive Officer of WwhingtOD Intern fimal Imur S 4 anto Company SEAL 1873 Sudor Vice President of North American Speclalty Insurance Company �A` -fl........... BY .......... David RI,r.aymna,Senior Vice Prrsiden of Washington Internu5©nat I„suxaatt Company iN1 &Vico?rtwldeatofNorth American Specialty hP40Mace Company IN WFFNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this l6th day of August 2010 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook On this 16thday of August 20_10,before me,a Notary Public personally appeared---attyan�P,Anderson President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective corruaanic3, OrFICIALSEAU ONNAD,SaMS Nowy Publi,;Sftt,-of Mob Donna D.Sklens,Notary Public My Commi&don Fxpires M%)2011 1, James A.Cgp uter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in hall force and effect. IN WITNESS WHEREOF,I have get my hand and affixed the seals of the Companies this 19�4 of July 20 1-1 James A.Carpenter,VicePtOAitiffll&Assistant S=MwY Of WM11418wn fnS"=mC*`oPny& Ncyth A�6=Speciafty insurance COMMY i CALIFORNIA,. ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT I I State of California County of Orange [ On 07/19/11 before me, —Cynthia J. Valencia Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized I capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of I which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITH SS my hand and official seal. :;? CYNTHIA J. VALENCIA Corr mIsslon # 1773427 Notary pudic - Colifornfa t. Orange County - I*Comrn.EXFAres Oct 15,X111 Signature of N a ry Public (Notary Seal) j I 3 I 3 3 € j ADDITIONAL OPTIONAL INFORMATION E i DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Labor and Material Individual I Title or description of attached document Corporate Officer x /Title_President Number of pages _ Document bate Partner Attorney-In-Fact Trustee Other Additional Information [ E EXECUTED IN THREE COUNTERPARTS BOND# 2130235 PREMIUM: $4,881 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That PAULUS ENGINEERING, INC. as Principal, hereinafter called. CONTRACTOR, and -NORTH AMERICAN SPECIALTY INSiJRANCE as Surety, hereinafter called SURETY, are held andfirmly bound unto the City of San COMPANY Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of M IRMPM FIM-Eicff THOUSAND SEVEN HUNDRED FORTY-FIVE & NO/100Dollars.for payment whereof Contractor and($258.745.00) Surety bind themselves., their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement)- which contract is by reference made a part hereof; SAN JUAN CREEK ROAD EXTENSION CIP 1120', NOW THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it mpy have to require that.a demand be made1irst against the principal la the event of default, BE IT FURTHER RESOLVED, that: I As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation; all to be taxed as costs and included in any judgment rendered, 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modificatians of the contract documents or of work to be performed thereunder. Executed this 19TH day of JULY 2011 at AN IM California, AN ULUS PRINCIPALtENGINEERING, INC. PAULUS BY: APPROVED AS TO FORM (NOTAVIZATION AND SEAL) OMAR SANDOVAL, CITY ATTORNEY SURETY NORTH AMERICAN SPECIALTY INSURANCE COMPANY BY: �A RICHARD A. COON / ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 7-19-11 before me, Lexie Sherwood Notary Public Dale Here Insert Name and Title of the officer personally appeared Richard A. Coon Narne(s)of Signer(sj who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they LEXIE SHITRWOOD executed the same in his/her/their authorized capacity(ies), CCtf . tt� t3Bs and that by his/her/their signature(s) on the instrument the KOTAr�rleas. lc CALIFORNIA , person(s), or the entity upon behalf of which the person(s) Comm. . acted, executed the instrument. A Exp.JULY 27,2043 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and o icial seal. Signature Place Notary Seal Above - 5ignalure of of r Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner--❑Limited❑General ❑ Partner—❑Limited❑General ❑ Attorney in Fact - 2111111d ❑ Attorney in Fact Trustee • ❑ Trustee • .�" C Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•935o be sato Ave.,RO,Box 2402•Chatsworth,CA 91313-2402•www,Nationa)Notaty.org kom 4$907 Reorder:Call Toll-Free 1-800-876-6827 .......... ................ NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNIO W ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duty organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint; DAVID L,CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, aridLEXIE,SHERWOOD TOINTLY Olt SEVERALLY Its true and lawful Attorneys)-in-Fact,to make,execute,sea]and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companics,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of, TWENTY-FIVE MILLION($25,000,000,00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of .Directors of both North Aincrican Specialty insurance Company and Washington International Insurance Company at meetings duly called and held on the 2e of March,2WO; "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vire President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing sucli:facsimile signatures or facsimile,seal shall he binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached," #g r By SEAL Steven P.Anderson,President Chief Executive officer ufWmhingtqn laternadmal Jasura"Co Company SEAL�` Sealor Vice President ar Xw1h American Specialty lmorn.te CqmpAny 1A BY VI David K Loy.—n'se6a'Vic. jm.ren"Company A Vio PWidmtorNorth American Specialty flosuranee Compmy IN WITNESS WHEREOF,Noildi American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be Signed by their authorized officers this Kith day of August 2010, North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook On this 16th day of AUgUSt 20_lO before me,a Notary Public personally appeared . Stpm P.Anderson President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resuective corrmanic8. Donna D.Sklens,Notary Public, 1, Jam A=C=enter , the duly elected of North American Specialty Insurance Company and Washington International Insurance Company,do hereby Certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International insurance Company,which is still in full force and effect. INWEINESS WHEREOF,I have set my hand and affixed the seats of the Companies this 19U of JUly_._,___p2G 11 James A CAqwtor,Vire President&Assistant s2crowy ofwwhinRtw jiaemationOt Incmance Company Nerth Am dcm Specialty lnswancoCompmy 3 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT i State of California County of Orange On 07/19/11 before me, Cynthia J. Valencia Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to [ the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 3 WITNESS my hand and official seal. = CYNTHIA J. vAtNcia a "tom =i Commission # 1773427 :'�,. �€otary PuP�I#e - Cc !i(ornla z r,® �, a.a C2range Coven#y MVC'-'M'fl.FxPrc-s Oct 15,2017 Signature o otary Public (Notary Sea[} i I ADDITIONAL OPTIONAL INFORMATION i i i DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER � i Performance Bond Individual Title or description of attaebed documenf Corporate Officer X /Title President Numberofpages_ Document DatePartner Attorney-In-Fact Trustee Other Additional Information E E ii i - E EXECUTED IN THREE COUNTERPARTS BJQND#.213 2�5 remnum Included in Performance Bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, }las awarded to PAULUS ENGINEERING, INC, , License No. 724114 hereinafter designated as "Principal", a contract for SAN JUAN CREEK ROAD , and EXTENSION CIP 11202 WHEREAS, said Principal is required to furnish abond in connection with the said contract providing that if said Principal, or any of his or its.sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance ofthe work contracted to be done, or for any work or labor done thereon of any kind,.the surety or this bond will pay the same. NOW, THEREFORE, we PAULUS ENGINFERTNG. INC. Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of DOLLARS ($__258,745.00), law.,ful money of the United States of America, for payment of which Siam well and truly to be made we bind ourselves, our heirs; executors, administrators and successors, jointly and severally, firmly by these presents,, THE CO'N'DITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors; administrators, successors or assigns, or sub-contractors, shall fall to pay for any materials, provisions, provender, or teams,, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done; or for .any work or labor dune thereon of any kind, or for amounts due under the Unemployment. Insurance Act with respect to such work or.labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount'not exceeding the sum specified in this bond and also in case suit is brought upon the.bond, a reasonable attorney's fee to be fined by the court. This bond shall inure to the benefit of any and all persons, companies and corporation's entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this band. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. TWO HUNDRED FIFTY-EIGHT THOUSAND SEVEN HUNDRED FORT"-FIVE & NO/100 DOLLARS As a part of the obligation secured thereby, and in addition to the:face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three:(3) identical this counterparts of instrument, each .0 Is of which shall for all purposes be deemed an originalthereof, have been duly executed by the Principal and surety herein named on the 19TH...-.day of JULY —I 2011 , The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL PAL ENGINEERING, INC. By NORTH AMERICAN SPECIALTY INSURANCE COMPANY SURETY By RICHARD A. COON ATTORNEY-IN-FACT APPROVED AS TO FORM GMAR SANDOVAL, CITY ATTORNEY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Ora��e On 7-19-11 before me, Lexie Sherwood, Nota Public Date Here Insert game and Tithe of the gfficer personally appeared Richard A. Coors Narne(s)of Sig er(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they LEXIE SHERWOOD executed the same in his/her/their authorized capacity(ies), 2y5�eornin. tfCOMM.#18,96389 and that by his/her/their signature(s) on the instrument the 0.dO)TARY�'I.EUC 0 CALIFt738MA UI�,�r��Fm COUNTYperson{s}, or the entity upon behalf of which the person(s) Exp.JULY 27,2013 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and fficial se 1. Signature Place Notary Seal Above Signature ary Puhlic _ OPTIONAL Though the information below is not required by lase, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name.- Signer's Name: _ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer----Title(s): ❑ Partner—❑ Limited❑General ❑ partner------❑Limited❑General ❑ Attorney in Fact i ❑ Attorney in Fact 1 - ❑ Trustee ° ❑ TrusteeEl ° Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association-9350 6e Sato Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.NationafNotary.org Item#5907 Reorder:Call Toll-Free 4-800-876-5827 0 NAS SURETY GROUP E' NORTH AMERICAN SPECIALTY INSURANCF COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY s GENERAL POWER OF A'T'TORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duty organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint, DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A,COON, and LEXIS SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorneys)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writlatgs obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION($25,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty insurance Company and Washington International Insurance Company at meetings duly called and held on the 24h of March,2000: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant'Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney:aid to attach therein the seal of the Company; and it is FARTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such:facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." N,4i �vMuu�mur�rui�, BY �t� Tom••. �•• SEMI! .n= Siavea Y.Andevsan,President&Cwf£>;ecoFWc Officer ofwashinfitoa fnternatioaal 7asvrance Company ".. .5'•»:AL 9. jyi7i, Ip73 4,;n c &Srodor V'�ce Presideat of North American Specialty lmuraom Cempany 3 :F�si T� S.NG ����rirflt ntitsriN4��\ By :' •..�...� . David K Layman,Senlor Vice Presider of Washington[nfernakaaal Insumnec Conspnry .tolaat &Vice Prefideart orl\orth Amrican Specially Ensurfatce Carlwy IN W11WESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seats to be hereunto affixed,and these presents to be signed by their authorized officers this 16th day of August ,2010 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this t 5 day of August ,20 t 0,before me,a Notary Public personally appeared Steven P.Andefson ,Presd and CE0 of Washington Intemational Insurance Company and Senior Vice President ofNorth American Specialty Insurance Company and David M.Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to Erie,who being by me duly swom,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective companies. ` �a€t to i—vollt1w Z/ ori:sret�.,�s Yn3aryttil;Iigstiteofltlinoss Donna D.Sklens,Notary Public �2yCommissionPx�ires t€1t�fi73,t)11 I, James A.Catxienti�r , the duly elected_ Assistantcreta y of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Compwiy and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 1-9 ta�of JU1Y 20 11 James A,Caepente,Vico President&ASSlstant Secretary of W&AinStan Intemai oval fosvranee Company North American SpmMy Irvtogno Company s CALIFORNIA.ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT E State of California County of Orange I On 07/19/11 before me, Cynthia J. Valencia Notary Public f personally appeared Jason Paulus [ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to Ire that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. f I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CYNTHIA J. VALENCIA ' Commission # 1773427 sH Notary Public - Californ#a Orange County Signature of Lary Public (Notary Seal) MYCOMM.ExOesOct 15,2011 E([ f E f f f ADDITIONAL OPTIONAL INFORMATION _ I I � E DESCRIPTION OF THE ATTACHED DOCUMENT [ CAPACITY CLAIMED BY THE SIGNER Labor and Material Bond_ Title or description of attached document Individual Corporate Officer x /Title—President i Number of pages Document Date Partner Attorney-In-Fact Trustee Other Additional lnfonnation ! f E i f I f f i�. CALIFORNIA PRELIMINARY 20 - DAY NOTICE (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIFORNIA CIVIL CODE THIS IS NOT A LIEN THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUB CONTRACTOR YOU ARE HEREBY NOTIFIED THAT ... DIAMOND ENVIRONMENTAL SERVICES 807 E. MISSION ROAD SAN MARCOS, CA 92069 Has furnished or will furnish labor,services,equipment or materials of the CONSTRUCTION LENDER OR following general description: TEMPORARY TOILET SERVICES BONDING COMPANY for the building,structure or other work of improvement located at: CAIVMINO CHICO & SAN JUAN CREEK-SAN JUAN CAPISTRANO CA OWNER FUNDED NO PERFORMANCE BOND ISSUED The name of the. person or firm who contracted for the purchase of such labor,services,equipment or material: PAULUS ENGINEERING OWNER OR PUBLIC AGENCY CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADEL.ANTO NOTICE TO PROPERTY OWNER SAN JUAN CAPISTRANO CA 92675 7011 0470 0003 0023 7762 If bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure 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 wish to protect yourself against this consequence by(1)requiring your contractor to furnish a signed CONTRACTOR release by the person or firm giving you this notice before making PAULUS ENGINEERING INC payment to your contractor,(2)any other method or device that is appropriate under the circumstances.Other than residential homeowners 2871 E CORONADO ST of dwellings containing fewer than 5 units,private project owners must ANAHEIM CA 92806 notify the original contractor and any lien claimant who has provided the owner with preliminary 20-day notice in accordance with Section 3097 of the Civil Code that a notice of completion or a notice of cessation has been recorded within 10 days of its recordation Notice shall be by registered mail,certified mail,or first class mail,as evidenced by a certificate of mailing. Failure to notify will extend The deadlines to record a lien. SUB-CONTRACTOR DIAMOND ENVIRONMENTAL SERVICES The person or firm giving this notice is required, pursuant to a collective bargaining agreement,to pay supplemental fringe benefits into an express trust fund(described in Civil Code§3111,),said fund is identified as follows: (strike if inapplicable) (name) (address) (address) Mailed this date: AUG 2 2011 807 E Mission Rd San Marcos Ca 92026 (760)744-7191 (signature)PAM COLEMAN (title) DATA PROCESSOR An estimate of the total price of the labor, $120.17 MAY CHANGE PER BILLING PERIOD. /X_ e Christ Jakl From: Christy Jakl Sent: Thursday, August 11, 2011 4:45 PM To. Joe Mankawich Subject: Preliminary Notice for Paulus Engineer Attachments-, Preliminary Notice - Paulus.pdf Hi Joe, Please see the attached Preliminary notice for Paulus Engineering. Thanks!! C twist� J akl peputy City Clerk City of San .Tuan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax 1 File:12138 [CA] [PUBLIC] [OWNER] Customer: PAULTJS ENGINEERING INC Recording Requested by and Return to: P.O. #: H & E Equipment. Svcs/1051 Project: STREET WORK 972 B 5 1 Rec ZD: " OF5])737-3435-441F-A9FA-5396735661.42 1.4241 E Alondra Blvd Job #: 1051 -1009811 LA MIRADA, CA 90638 Cert No. : PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) (California Civil Code Sections 3098, 3111 & 3252 et Seq.) >> TO THE OWNER OR REPUTED OWNER 1. The following is a general description of CITY OF SAN JUAN CAPISTARNO the labor,servi.ce,equipment or. materials DEPARTMENT OF PUBLIC WORKS furnished of to be furnished by the undersigned: 32400 PASEO ADELANTO Equipmant Rental SAN JUAN CAPISTRANO, CA 92675 2. Estimated Price: $13,500.00 USA 3. The name of the person who furnished >> TO ORIGINAL OR REPUTED CONTRACTOR that 'labor, service, equipment or PAULUS ENGINEERING INC materials is: 2871 EAST CORONADO ST H & E Equipment Svcs/1051 ANAHEIM, CA 92806 14241 E Alondra Blvd USA LA MIRADA, CA 90638 >> TO LENDER, SURETY, BONDING CO. OR 4. The nacre of the person who contracted for >> REPUTED LENDER, SURETY, BONDING CO. purchase of that labor, sex'vice, equipment CULBERTSON INSURANCE SERVICES or material is: 5500 E. SANTA ANA CANYON RD STE 201 PAULUS ENGINEERING INC ANAHEIM, CA 92807 2871 EAST CORONADO ST _ USA ANAHEIM, CA 92806 USA C�„;(7 Acct/Bond# 2130235 5. The description of the jobsite is t"", cn 4 STREET WORK 972 B 5 STONEHILL & CAMINO CAPISTRANO SAN JUAN CAPISTRANO, CA 92629 USA x LTA C; REQUEST FOR COPY OF PAYMENT BOND AND NAME OF SURETY COMPANY TO CONTRACTING BODY: CITY OF SAN JUAN CAPISTARNO DEPARTMENT OF PUBLIC WORKS or State Comptroller The undersigned claimant hereby declares that he has supplied or will supply labor or materials as described above, that payment has not yet been made therefor; and that he hereby requests that the contracting body furnish a certified copy of the Payment Bond, if any, to the claimant, at the address listed above, and the current address of the contracting public entity. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE IN'T'EGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. THE U14DERSIGNED HAS ENTERED INTO A CONTRACT TO PERFORM LABOR OR FURNISH MATERIALS FOR THE ABOVE-DESCRIBED PUBLIC PROTECT, AND WILL LOOK TO YOU AND YOUR SURETIES FOR PAYMENT IF THE PERSON ORDERING SUCH MATERIALS AND LABOR FAILS TO PAY FOR THXM. I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at LA MIRADA, California on 08/10/2011 for H E QUIPMEN. c 'CS/1.051. W Prepared LUPE GALLEGOS, REPRESEN`1'AfIVE FOR, CREDIT MANAGEMENT ASSOCIATION Phone: (702) 259--262.2 Fax: (702) 259--9908 PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that i served a copy of the above docurrent, and any related documents, by certified or registered mail, postage prepaid, or other certified delivery, addressed to the above named parties, at the addresses listed above, on 08/10/2011.. I declare under penalty of perjury that the foregoing is true and correct. Executed at LA MIRADA, California on O6/10/20311.. Prepared by: LUPE GALLEGOS, REtRE�x TAT F E"GR, CREDIT MANAGEMENT ASSOCIATION Chris! Jak[ From: Christy Jakl Sent: Monday, August 15, 2011 5:01 PM To: Joe Mankawich Subject: Preliminary Notice for Paulus Engineering Attachments: 11-0815 Paulus Engineering - Preliminary Notice.pdf Hi Joe, Please see the attached preliminary notice for Paulus Engineering. Thanks!! Christi Jakt Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1.053 fax i CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code. THIS IS NOT A LIEN. This is NOT a reflection on.the integrity of any contractor or subcontractor. 7196 9002 4000 1450 5939 WELLS SUPPLY COMPANY 1313 E HUNTER AVE SANTA ANA,CA. 92705-4133 I3ildrs No: 3438419 CITY OF SAN JUAN CAPISTRANO " JOINT CHECK RCQUES E� K PUBLIC WORKS DEPT/ATTN: JOE MANKWICH RETURN RECEIPT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 Bi drs No. 3438419 7196 9002 4000 1450 5939 You are hereby notified that WELLS SUPPLY COMPANY has furnished or will furnish labor, services, equipment or materials of the following general description: PJPELJNE MATERIALS located at: SAN JUAN CREEK ROAD EXTENSION, CAMINO CHINO&SAN JUAN CREE,K ROAD, SAN JUAN CAPISTRANO, CA 92675, ORANGE COUNTY The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: PA UL US ENGINEERING INC #F955, T955 An estimate of total price of the labor, services, equipment or materials furnished or to be furnished is $100,000 Owner: CITY OF SAN JUAN CAPISTRANO,32400 PASEO A[?ELANTO,SAN JUAN CAPISTRANO CA 92675,PUBLIC WORKS DEPT/ATTN:JOE MANKWICH Orig Contr: PAULUS ENGINEERING INC,2871 E CORONADO ST,ANAHEIM CA 92806 Surety:NORTH AMERICAN'SPECIALTY INS CO,5500 E SAN`T'A ATEA CANYON RD 1201,ANAHEIM CA 92807,Sondg 2130235,C/O CULBERTSON NST`RANCE SERVICES Customer-PAULUS ENGNEERING INC,#955,#955,2871 E CORONADO S`1',ANAHEIM CA 92806 \yA�J,, 0 0 , �` � r 61_z . NOTICE TO PROPERTY OWNER BICARLPRESENTATIVE 08/16/2011 If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished,a mechanics'lien leading to the loss, through court foreclosure 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 wish to protect yourself against this consequence by (1) 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 that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Erode that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail,certified mail,or first-class trail,evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. VR Chris!y Jakl From: Christy Jakl Sent: Thursday, August 18, 2011 329 PM To: Joe Mankawich Subject: Preliminary [Notice- Paulus Engineering Attachments: 11-0818 Preliminary Notice Paulus.pdf Hi ,Joe, For your records, attached is a preliminary notice received for Paulus Engineer. Thanks[i Christi JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San .Juan Capistrano, CA 92675 (949) 443-6310 (949) 493-1053 fax 1 R®� CERTIFICATE OF LIABILITY INSURANCE OPID JR DATE{MMIDOfYYYY) 06/21/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATfVEL O G fI 4Y=ND,ND,EXTEND OR ALTER THE COVERAGE AFFORDED BY TIME POLICIES BELOW. THIS CERTIFICATE OF INSURA I UTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND HE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED,t e o IC les must be endorsed. RIVED,subteet o the terms and conditions of the policy, in licie�na+fagl�l'.e ndorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endors nt*s` " PRODUCER The Wooditch Company Insuraf oy p+ 1 g fg NPHONP _FW AME: Services, Inc. R N JUAN GF':PI a� r4l�lJ -MEN 1 Park Plaza, Suite 4A ADDRESS: Irvine CA 9261.4GRODU ERsO#: PAT7LTJ-1 Phone:949-553-9800 Fax:949-553-0670 INSURER(S)AFFORDINGCOVERAGE NAIC# INSURED INSURERA: Old Republic General Ins. Corp 24139 Paulus Engineering, Inc. INSURER B: 2871 E. Coronado Street --- - --_-- Anaheim, CA 92806 INSURER C; INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE I INSR VYVD POLICY NUMBER (MMIDDlYYYY) (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE 1 $ 1,000,000 A 'X COMMERCIAL GENERAL LlABILtTY A1CG94841102 as/OI/ll qs/ol/Iz PREM SES(F'aaoccurcDence) $ 100,000 CLAIMS-MADE FXOCCUR MED EXP(Anyone person) $.9,000 X PERSONAL&AOV INJURY 1$1,000,000 GENERAL AGGREGATE 1$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS-COMPIOP AGG $2,0 D 0,00 0 POLICYX PRO Ll LOG _ € $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (I_a accident) $ 1,000,000 A X ANY AUTO AlCA94841102 Os/dl/il OS/©1/12 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE I$ HIRED AUTOS [ (Per accident) NON-OWNED AUTOS [ $ UMBRELLA LIAR OCCUR € EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEDUCTIBLE i$ E RETENTION $ _ [ $ WORKERS COMPENSATION AICW 4 —4—1-1 oslol/ll . E05/01/12 X - - AND EMPLOYERS'LiABILfrY [ TORY LIM€TS ER YIN ANY PROPRIETORIPARTNERIEXECUTIVEM€ ] E.L,EACH ACCIDENT S1,000,000 OFFICERlMEMBEREXCLUDED !A j (Mandatory In NH) E.L.DISEASE-EA.EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERAT€ONS be€cw EL.DISEASE-POLICY LIMIT $ 1,000,000 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additionaf Remarks Schedule,If more space Is required) *Exce t 10 Days Notice of Cancellation for Mon-Payment of Premium. RE: All operations performed by the Named Insured during the current policy period. City of San Juan Capistrano is named as Additional Insured as respects General Liability per attached endorsement. glai(com) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CIT"Y°SAJ THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of San Juan Capistrano 32400 Paseo Adelanto San Juan Ca istrano CA 92676 D CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD �������* 1t+lStIR�DSMA[14� Pat7[.).t,�S ��'kCJ`11C1t@e7G`1Tlt�r IAC 51��l1 s7R l3A' �����,� � *Should this policy be cancelled before the expiration date, The Wooditch Company will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement.* POLICY NUMBER: AlCG94841102 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS r-NOORS6M6NT CIiANGI*S THr.POLICV.PLIZA96 RQAO IT CARIEFULLV. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completes[ Or Organization(s): Operations Blanket-as required by contract As specified in your signed and written NY PERSON OR ORGANIZATION FOR WHOM agreement in advance of the'occurrence"for ITHE NAME© INSURED IS REQUIRE© UNDE13 w1fich Illi;addilivrlal irlsurud SueAs cuvurage WRITTEN CONTRACT TO FURNISH THIS ENDORSEMENT information required to completo this Schedule,it not shown above.wiil be shown in the Ceciarations. Section If - Who Is An Insured is amended to include as an additional insured the pprSnn(�) nr nr0,gni7ntinn(c) c4hnwn in th€?grhods Iln, hi It nnly with rP.-,pPrt to liahility fnr "bodily injury" or "property damage" caused, in whole Dr in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products completed operations hazard". CG 20 37 07 01 Copyright,1115L1r:ntC0 501-Nices Offik:rs. 1t;u..200f Page i of 1 POLICY NUMBER: AICG94841102 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or rJr arriaation s : Locations Of Covered q orations Where Required By Written Contract As specified in your ssgned and written agreement Any person or organization for whom the named in advance of the"occurrence"for which the insured is required underwritten contract to furnish additional insured seeks coverage this endorsement Information required to complete this Schedule If not shown above,will be shown In the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the Insurance afforded to these include as an additional insured the person(s) or additional insureds,the following additional exclu- orUaniaation(s) showy{ In the Schedule, but only sions apply: with respect to liability for"bodily injury„ "property This insurance does not apply to"bodily injury"or damage" or "personal and advertising injury" "property damage"occurring after: caused,in whole or in part, by: 'I. Your acts or omissions;or 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, mainten- . behalf; ance or repairs)to be performed by or on be- in the performance of your ongoing operations for half of the additional insured(s) at the location the additional insured(s) at the location(s) desig- of the covered operations has been completed; nated above. or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 0 ISO Properties, Inc.,2004 Page 1 of 1 0 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, j ) ss. County of Orange j PROOF OF PUBLICATION I am a citizen of the United States and a resident of the County aforesaid; I airy over the age of eighteen years, and not a party to or interested in the above entitled matter.I am the principal clerk NOTICE INVIT[he BINS of the Capistrano Valley News, a newspaper SAN JUAN OREEIS Rod®UTIPATIMS MMNSION gClp 112412) Notice€s heraby;gwen that sealed b€ds fiar Improvement Plans fnr the San Juan Crack that has been adjudged to be a newspaper of Road Eft€trties Exksns€an project(C3P 1124.2)w€II bs rscaNed at the office oQhb City.Clerk zxF the Cary of San Juan Capistrano Californla unt€12oo0 p an'Wednesday,April 6 2011 at wh€ah time'they w€ll be opened and read aloud general circulation by the Superior Court of the4. Prospect€ve bidders are raqulred to attsnd a pre b€tl walk through of the pproposed F ]. work site and exisfing facilities whteh will be. commence at the City Councii;Chambera at 11 11,ounty of Orange, State ofCalifornia, Can Jane 7, acne an Mares 23,2011 Failure to participate in the pre b€d walk through will disq€ai#y a bidder as non-responsive ' 1.984, Case No. A-122949 in and for the City of (Asst of'paper Contract Dncunients"will b0.avaalable'by 1 0D pm do March&„24I]and may be inspected without charge at;flie Poblic Warks 02artroent,Cityof Sari Juan Capistrano, 32A00 Posen Atlelanto San Juan Capistrano CA 32875 Electronic sets of.said Contract San Juan Capistrano, County of Orange, State of t7ocuments can viewed ant€ne`atter 1:00 m on Margh a zoo,, pees of Plans and s ,- 4ccatinnsmay be purchased from Coastal"Blue Cnrpp.,3309]Cafle Perfeoto Sara 3uan Cap- €strana,CA 92675,!'($49)240=99?1 wwwcoas[aiblue:com For mora iMorrr:ahon please California; that file notice, of wliiClr the annexed contact Joe Mankawis]a Associate Engineer at(989).487 4313 is a true printed copy,has been published in each batetl-fJlarah 7 zo regular and entire issue Of said newspaper and SJMana Morns 0Clerk Jty MARIA MORRIS,CITY CLER]C CITY OF SAN JUAN CAPI57RAN0 not in any supplement thereof on the following ORANGE�,auN cr CALIFof3AiiAt Capistrano Valfey,k],ews.: arch 17 31 21]"#1 9348434 dates,to wit: March 17,31,2011 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana,Orange County, California,on Date: March 31,2011 1 e . ignature Ca istrano Valley News 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209 3/10/2011 15:31 OCRFAXI [ / NOTICE INVITING BIDS SAN JUAN CREEK ROAD UTILITIES EXTENSION(CIP 11202) f3u>Fee is herebu given€Fa€saved for:mpanc Pans far the San Jusn 0eek P oad UVti es Extension project iCIP 11202;will tae reCeIVGC at e r ll of the Qty clerk of J10 C.Nul'uan.JLran Gapis4anc,California,t€nti[2:00 it on WednesdarV.April 6, 2011 at wi'€ictr€€r'r€8 11ev Will he opened and reao aicoa_ _ Prospective Uidders w required to at+eni a u>e-[ Viroi iii of the pl000sed work site and exiAnQ iacillte�which wfl Le commence at'he City Council Charnbere mil am on March 23,2011, Faila:e tj pa';icipa-e in the pre-:sic€walk th€oupli will ci5quaiilf� - a oirlde;as Tion-Espormvp A Set of paper Contract©oet€-nems YA!UR aV31WIC by 1 tip IDM en March 6,2011 arc 1 may Leo vil,PeC!sa wiithcut charge at the F ultl,C'NOn'5 i7HDc t":;enl.Cih cf San J_€an Capistrano, J'2l 00 Pasco Adolanco,San Ajan C'aplGtaro.Cly 9267) E16e7on�c Sett"of3a'>u CJntfaCt LtocLune€"ts Can viewbd online after 7.00 Fm on March Ei,2L11 COCIeS of Rans ana Deoi- ficatians they 110 purchased From Coas€al 5lne,Corp_,3390r Oahe Pe,,Fecr:>,San duan Cap- isLanb,CA.92675,1949}24U-'W, www cras`ralbEca.wrr€. For nacre inforn:awn,p€ aso conitct.loe Mankaw€ch,As_crrpne Engprear at 194°]487-4373. D,ql Cd:V aEch7.2011 `s/lslcar'a Marls,Cibf Cler:___ MARIt MORRIS,CITY C_ERK RYOF SAN JbZil CAPISTRANO O APiGcCC P=T Y.CALiFr3PPJ14 Capmrano Valcy Naws Mai tc l 17,2071 3346434 3/10/2011 15:34 OCRFRX1 L 1/2 ORANGE COUNTY R , I MSTER N Fax Message To: Fax: 19494931.053 Subject: Attn: Maria Morris AD# 9346434 Cost $135.00 Date: 03./10/201103:33:38 PM Pages: 2 , including cover page From: Jennifer Chavez E-mail: jchavez(a)ocregistet.com. Phone: Fax: 714-347-2578 Company: Orange County; register Address: 625 N. Grand Ave. Santa Ana, CA. 92701 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO: 0041125000 FOR PUBLICATION ON: MARCH 17, 2011 MARCH 31, 2011 DOCUMENT TO BE PUBLISHED NOTICE INVITING BIDS — SAN JUAN CREEK ROAD UTILITIES EXTENSION CIP 11202 PROOF OF PUBLICATION: Please fax to: City Clerk's Office, City Hail 32400 Paseo Adelanto San Juan Capistrano, CA 92675 fax (949) 493-1053 telephone (949) 493-1171 AUTHORIZED BY: Maria Morris, City Clerl DATE: March 7, 2011 Date of Bid Opening - 04/061201 Date(s) notice published - 03/17/2011 03/31/2011 Date affidavit received - Date notice posted in - 03/17/2011 designated posting places NOTICE INVITING BIDS SAN JUAN CREEK ROAD UTILITIES EXTENSION CIP 11202 Notice is hereby given that sealed bids for Improvement Plans for the San Juan Creek Road Utilities Extension project (CIP 11202) will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2:00 p.m. on Wednesday, Aril 6 20'11 at which time they will be opened and read aloud. Prospective bidders are required to attend a pre-bid walk through of the proposed work site and existing facilities which will be commence at the City Council Chambers at 11 am on March 23 2011. Failure to participate in the pre-bid walk through will disqualify a bidder as nonresponsive. A set of paper Contract Documents will be available by 1:00 pm on March 8, 2011 and may be inspected without charge at the Public Works Department, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Electronic sets of said Contract Documents can viewed online after 1:00 pm on March 8, 2011. Copies of Plans and Specifications may be purchased from Coastal Blue, Corp., 33091 Calle Perfecto, San Juan Capistrano, CA. 92675, (949) 240-9911, www.coastalblue.com. For more information, please contact Joe Mankawich, Associate Engineer at (949) 487-4313. Dated: March 7, 2011 MARIA,MORF�-CS, CITY;t,�I-ERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, GAJ-,,IF°ORNIA CITY OF SAN JUAN CAPISTRANO NOTICE INVITING BIDS C.I.P. No. 11202 N-1. NOTICE IS HEREBY GIVEN that sealed bids for the San Juan Creek Road Utilities Extension will be received at the City Council Chambers of the City of San Juan Capistrano, California, until 2 pm on April 6, 2011 at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Base Bid Items of Work comprises the construction of approximately 1,090 linear feet of 12-inch and 16-inch (only 10 feet of 16- inch) of PVC potable water pipe and approximately 1,020 linear feet of 8-inch PVC recycled water pipe in a rough graded portion of San Juan Creek Road east of Camino Chico for the City of San Juan Capistrano, California. Optional/Alternative Items of Work that the City may, at their sole discretion, elect to add to the project include approximately 1,040 linear feet of 12-inch polyvinyl chloride (PVC) sanitary sewer pipe and three (3) manholes. The project includes all associated pipeline tie-ins, valves, fire hydrants, air/vacuum and blow-ff appurtenances, special crossings, potholing bedding, excavation, backfill, compaction, asphalt pavement section and repair, testing and disinfection, and any work and all work, labor, equipment or material needed to complete the work to the owner's satisfaction. Refer to Summary of Work Section 01010 and the Bid Schedule for a delineation of the Base Bid Items of Work and the Optional/Alternative Items of Work. N-3 LOCATION OF THE WORK: The Work to be constructed east from the corner of San Juan Creek Road and Camino Chico in the City of San Juan Capistrano, CA. It can generally be located near Thomas Brothers page 952, Grid 6. N-4 COMPLETION OF THE WORK: Time is of the essence. All work must be completed within sixty 60 calendar days after the date specified in the Notice to Proceed. Liquidated damages will be assessed as set forth in the Agreement for failure to meet the specified completion date. N-5 AWARD OF CONTRACT: (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder and reject all other bids, as it may best serve the interest of the City. (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance in an amount of 100 percent of the contract price. N-6 BID SECURITY: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the total bid price, payable to the City of San Juan Capistrano. N-7 BIDS TO REMAIN OPEN: The Bidder shall guarantee the total Bid price for a period of 60 calendar days after the date of Bid opening. N-8 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid California Class A Contractor license at the time of submitting bids. N-9 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. N-10 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code, N-11 PRE-BID VISIT TO WORK SITE: Prospective bidders are required to attend a pre-bid walk through of the proposed work site and existing facilities which will be commence at the City Council Chambers at 11 am on March 23, 2011. Failure to participate in the pre-bid walk though will disqualify a bidder as non-responsive. N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) A set of paper Contract Documents will be available by 1:00 pm on March 8, 2011 and may be inspected without charge at the Public Works Department, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. (b) Electronic sets of said Contract Documents can viewed online after 1:00 pm on March 8, 2011. Copies of Plans and Specifications may be purchased from Coastal Blue, Corp., 33091 Calle Perfecto, San Juan Capistrano, CA. 92675, (949)240-9911, www.coastalblue.com. N-13 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of San Juan Capistrano, and shall be delivered or mailed to the City Clerk at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For..." followed by the Project title, date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. N-14 EXISTING GEOTECHNICAL REPORT;- No Report Available for this Project. BY ORDER OF THE CITY OF SAN JUAN CAPISTRANO F f' Date i By LV Maria Morris City Clerk Bid Opening Report Bids Opened April 6, 2011at 2:00 p.m. Project Title San Juan Creels Road Utilities Extension Project Engineer Joe Mankawich, Assoc. Eng Pre Bid Estimate $662,555 Alternate Bid $446,000 Bidder Bid Amount Bid Bond/Addenda? ' . J. De Sigio Construction _ 6c) — 1 $ g 2. Kana Pipeline, Inc "J) C)� ... • C I + / C 3. Minako America Corp. dba Minco Const. A c f.3 $ , 4. Mike Prlich & Sons, Inc ���_� _ 1 C C • 1 . Pro-Craft Construction � i�J 0 `� (4 1 " 6. Atlas-Allied, Inc 7. GCI Construction, Inc C1 1 g 9 8 , Paulus Engineering Inc 9. Garcia Juarez Construction Inch Sign i 'L ' . w Datep cc: City Clerk Staff(3) Project Department (3) The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. BIB This is EXHIBIT A, consisting of one page, referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement)to perform the Work as specified or indicated in said Contract Documents entitled: C.I.P. 11202 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond,and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1884, et seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3744 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementionedBidding Schedule(s). Dated: ry Bidder: �447S G*j te�JCia.s By: _\ ' (Signature) Title: IL J SAN JUAN CREEK ROAD BID PROPOSAL - 1 UTILITIES EXTENSION PROJECT BID FORMS—PAGE 1 FORM U-300 X08U-300bid.wpd Nov 2€301 Name of Bidder: A14L.0_C �� �°` -1 This is EXHIBIT B, consisting of one page, referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR BID SCHEDULE SAN JUAN CREEK ROAD UTILITIES EXTENSION-C.I.P. NO. 11202 In San Juan Capistrano, California Item Description Unit Total No. Quantity Price Cost 1. Mobilization, Demobilization, Bonds, Ins. Job LS 17,0049-k-3 2. Connection to Existing Potable Water Job LS 3. Connection to Existing Recycled Water Job LS sm 4. 12-inch and 16-inch Potable Water Pipeline 1,090 56-` LF 1;17 5. 8-inch Recycled Water Pipeline 1,020 LF fig si=p 6. Fire Hydrant Assemblies Job LS 7. 1-inch AirlVacuum Valve Assemblies 2 �16 EA 7 8. 2-inch Blow-off Valve Assemblies '2 o 3vS EA 9. Pavement Repair, Testing, Disinfection, Clean-up LS 7,004/ TOTAL"BASE BID" PRICE- $ ADZ e.:. ..ter - (/..-O f �� r.-�' (Price in words) (Price in words) "Alternate/Optional" Bid Items: 10. Connection to Existing Manhole Job LS 11. 12-inch Sanitary Sewer Pipeline 1,040 >Gam_ L �� � �= 12. Manholes 3 3;1&V EA NOTAL "ALTERNATE/OPTIONAL" BID ITEMS PRICE: $ (Price in words) SAN JUAN CREEK ROAD BID SCHEDULE UTILITIES EXTENSION PROJECT BID FORMS—PAGE 2 FORM U-301 LUMP SUM x09U-301 lump.wpd ... Nov 2001 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of ane-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Subcontractor's License Work to be Performed Number Subcontractor's Name & Address 2Tii✓ 3 4 5 6 7 8 SAN JUAN CREEK ROAD LIST OF SUBCONTRACTORS UTILITIES EXTENSION PROJECT BID FORMS-PAGE 4 FORM U-430 - 10U-430subs.wpd Aug 2001 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California } } ss. County of 6W#64J 6 } I, jAsoe-) PA 4.4 u.j S being first duly sworn, deposes and says that he or 4s * is of 4 W L,OS 6o&.0eirll«J6 fe+06 the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the 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 anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her 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 to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. r Bidder 4vuA Q(jeel?,A�)6 hyC By if Title P4 Cr /1P a-""Y Organization 106W.A. Address b J SAN JUAN CREEK ROAD NON-COLLUSION AFFIDAVIT- 1 UTILITIES EXTENSION PROJECT BID FORMS - PAGE 5 FORM U-480 I i U-480col.wpd Aug 2001 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California IN MI. County of Orange N On 04/04/11 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iFes), and that by bis/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph �11 is true and correct, FF 'WIT my hand nd official seat. C YNTHIAJ. VA�LENCA Commission # 177-3427 Notary Public - Cofifornta 0 Sip Publ' (Notary Seal) range county 00115,2011 ADDITIONAL OPTIONAL INFORMATION FL DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Non-Collusion Aff Individual Title or description of attached document Corporate Officer x /Title President Number of pages Document Date Partner Attorney-In-Fact Trustee Other Additional Information -—------------------------- ------------- --- BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to.be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: 2. CONTRACTOR'S Telephone Number: Facsimile Number: ( I E-mail address - g 3. CONTRACTOR'S License: Primary Classification�._. State License Number(s)___12_q `7 — Supplemental License Classifications 4. Surety Company and A pent who will provide the required Bonds on this Contract: Name of Surety i c C- _�J Address C Surety Company Agent r5(; Telephone Numbers: Agent ('71q Surety ( ) 5. Type of Firm Individual, Partnership or Corporation): 60WA-1-10ki 6. Corporation organized under the laws of the State of: 7. List the names and addresses of the principal members of the firm or names and titles of the princi I officers of the corporation or-firm: 'o 04awl _ to SAN JUAN CREEK ROAD BIDDER'S GENERAL INFORMATION UTILITIES EXTENSION PROJECT BIC} FORMS - PAGE 7 Po€m v-420 x13U-420,,fo-Pd Nov 2001 BIDDER'S GENERAL INFORMATION (Continued) 8. Plumber of years experience as a contractor in this specific type of construction work- 9, List at least three related projects of comparable size and complexity completed to date: 1. Owner Address Contact Class of work Phone Co aunt Project C ) Date completed 2. Owner Address Contact Class of work Phone ( ) Contract amount Project ( ) Date completed I Owner Address Contact Class of work Phone ( } Contract amount,. SAN JUAN CREEK ROAD BIDDER'S GENERAL INFORMATION UTILITIES EXTENSION PROJECT BIO FORMS - PAGE 8 FORM U-420 x13U-4 nil'o wPd Nov 2001 Project ( } Date completed 10. List the name and title of the person who will supervise full-time the proposed work for your p firm: _ __._,____ 11. Is full-time supervisor an employeecontract services 7 12.A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. SAN .DUAN CREEK ROAD BIDDER'S GENERAL INFORMATION UTILITIES EXTENSION PROJECT BID FORMS - PAGE 9 _ FORM U•420 . Kt 3U-420;nlo_wpA No,2W City of Anaheim Citywide Sanitary Sewer Improvements Anaheim install Sewer Line i $ . 367,918.00 Apr-03 Psomas 200 S.Anaheim Blvd. 18"Up to 20'Deep 3187 Red bill Ave Anaheim,CA 92805 Costa Mesa,CA 92626 (714)765-5059 v (714)765-4409 f Coachella Valley Water Dist. Monroe Street Trunk Sewer Coachella Install Over a Mile $ 776,328.00 Feb-09 MSR Consulting Inc 85-955 Ave.52 of 12"Sewer Line 34200 Bob Hope Dr Coachella,CA 92236 Rancho Mirage,CA 92270 Jorge Meza 760}391-9637 City of Fullerton Sewer Repl Proj.2007-08 Fullerton Install 18"Sewer up $ 1,100,218.00 Dec-08 DMJM Harris 303 W.Commonwealth Ave. To 24`Deep 999 Town&Country Rd Fullerton,CA 92832 Orange,CA 92868 Eric Viliagracia (714)738-6853 v (714)738-3115 f Irvine Ranch Water District Bayview Sewage Lift Station Newport Beach Bypass and Replace $ 429,000.00 May-09 URS 15600 Sand Canyon Ave. Main Lift Station 2020 1st St Irvine,CA 92618 Pumps&Vaults Santa Ana,CA 92705 Anita Arant (714)453-5300 Ventura County Waterworks 21"Arroyo Simi Trunk Sewer Ventura Instal€21"PVC $ 360,000.00 Jul-08 PeWeld&Smith 6767 Spring Road Sewer Line w/Bore 1322 Del Norte Rd Moorpark,Ca.93020 Under Railroad Tracks Camarillo,CA 93010 Cefe Munoz (805)378-3020 (805)529-7542 BOND# 7-B PREMIUM: IFIL BID BOND KNOW ALL MIEN BY THESE PRESENTS, That PAULUS ENGINEERING, INC. as Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY as Surety, are held and firmly bound unto The City of San Juan Capistrano, hereinafter called the "Owner" in the sum of TEN PERCENT OF AMOUNT BTI? (10%) dollars (not less than 10 percent of the total amount of the bid) fol t a payment of which sum, well and truly to be made, we Find ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Enid to said Owner to perform the Work required under the Bid Schedule(s) of the Owner's Contract Documents entitled. SAN JUAN CREEK UTILITIES EXTENSION CIP NO. 11202 NOW THEREFORE, if said Principal is awarded a Contract by said Owner, and within the time and in the manner required in the "Notice inviting Bids" and the "Instructions to Kidders" enters into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required performance Bond and Payment Band, thea this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said Owner, and Owner prevails, said Surety shall pay all costs incurred by said Owner in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 25TH day of MARCH 2011 PAULUS ENGINE NG, INC. {SEAL) (SEAL.AND NOTARIAL ACKNOWLEDGMENT OF SURETY) BY: ; s (SEAL) ae F (SEAL) (SEAL) SAN JUAN CREEK ROAD BID BOND (BID SECURITY FORM) UTILITIES,EXTENSION PROJECT BID FORMS-MAGE: 6 FORM U,41a X12U.414bon4wpa Nov 2001 (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY (Surety) 2 �wBY: (Signature) RICHARD A. COON, ATTORNEY-IN-FACT SAN JUAN CREEK ROAD BIL) BOND (BI© SECURITY FnRM) UTILITIES EXTENSION PROJECT FORM U-410 BILI FORMS -PAGE 6 x12b 4Rpbond_%pd tbv 2ool CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 3/25/11 before me, Lexie Sherwood. Nola Public Rate _ Here Insert Narne and Tifie of ttie C?fficer personally appeared Richard A. Coors_ Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), LEXIE SHERWOOD and that by his/her/their signature(s)on the instrument the COMM.#1856389 person(s), ar the entity upon behalf G€L1 ICI i r t to erSoil(S) acted executed the instrument. NOTARY PUBLIC*CALIFORNIA t? ORANGE COUNTY ' Comm. Exp.JULY 27,2€13 l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official se1. Signature Place Notary Seat Above SS gnatur �P,� OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document bate:__ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name-----.---- Signer's Name: ❑ Individual ElIndividual __ Corporate Officer----Title(s): ❑ Corporate Officer----Title(s):__ ❑ Partner------❑Limited❑General ❑ Partner-----❑Limited❑General Attorney in Fact ❑ Attorney in Fact ❑ Trustee wuiu ❑ Trustee ' ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other, ❑ Other: Signer is Representing: Signer Is Representing. 02007 National Notary Associat!on-9350 De Solo Ave.,PO.Box 2402-Chatsworth,CA 91313-2402•www.NationalNatary.or9 Item 95907 Reorder:Cali Toil-Free 1-800-876-6x2.7 C 1i t i NAS SURETY GROUP 1 NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY � i i KNOW ALL MEN BY'I`HESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State ofNew Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of } Schaumburg,Illinois,each does hereby make,constitute and appoint; R DAVID L.CULBERTSON,CHARLFS L.FLAKE,RIC14ARD A.COON, arid LEXIESH RWOOD JOINTLY OR SEVERALLY t Its true and lawful Attorney(s)-in-Fact,to snake,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings r obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by y law,regulation,contract or otherwise,provided that no bond or undeftalring or contract or suretyship executed under this authority shall exceed the amount of f' TWENTTY-FIVE MILLION($25,000,0(10.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty insurance Company and Washington International Insurance Company at meetings duly called and held 's on the 20 of March,2000: `"RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is l FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall he binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached!' A��Gltslr7YF�Kr�d�iy SlON,1( E 33h r'�PP�''••..G�yy I3y -�,4FpFiPC1iFF r i SiJSl. = Stavea P.Aadersan,President&Cpief Executive Orficer o!Waapin�yloa 7uternsliona7 insurance Compgny . �EAL g, s•7f, X873 �y;o�ti &Senior Vice President of North American 5peeisity tmurance Company Daniel M.r.ay—,Senfar Viva Presiders of whingtan lnicmaNassai Insuraacc Compnay .�'� - &Vico PMia ieni of Nu th American Smciaay lmwoa Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 15th day of August North American Specialty Insurance Company Washington International Insurance Company State.of Illinois County of Cook ss: On this"16th day ofAug_ _ _ ust_ 20_LO.before me,allotary Public personally appeared Steven P.Anderson ,President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman; Senior Vice President of Washington International Insurance Company and Vice President of North Arneriean Specialty Insurance Company, personally known to tae,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. r} .0m.CT3yr�ut 6�/ �i Nrvn ri.sKLENs Nntuyl brw,Shteaillfinoic Donna D.Sklens,Notary Public My r�mtnisvnnl�sirrs tOf05T1Ut1 1, James A.Carpenter the duly elected_._Assistant Se_cretary of North American Specialty Insurance Company and Washington r International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 25th day of march ,26 11. James A.Catpenter,Vice President&Assistant Secraary of Wsshinyton 1nwaaticnaf fneuranr-e Company fi North American SWiahy Insurance Company CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENTfl = i State of C alifornia County of Orange k On— 03/25/11 before me,-- Cynthia J. Valencia Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Itr is true and correct. WITH ' ' my band and official seal. cvNtrliA J. vAteNciA commission * 1773427 Q Notary PubliC et�iift]rnia orange county = _, tresLJct 15,20 Signature o£ ary Public (Notary Seal) HE ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Bid gond Individual Title or description of attached document i ! Corporate Officer x /Title President Dumber of pages Document Date � � Partner Attorney-In-Fact i i Trustee i = Other � - __. Additional Information I � - s ADDENDUM NO. 1 TO THE SPECIFICATIONS AND BID FORMS FOR THE CONSTRUCTION OF THE SAN JUAN CREEK ROAD UTILITIES EXTENSION CIP 11202 March 25, 2011 To: All Plan Holders From: The City of San Juan Capistrano and J. C. Heden and Associates, Inc. Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Plans and specifications to furnish, deliver, and install the San Juan Creek Road Utilities Extension project as fully and completely as if the same were fully set forth therein. This Addendum No. I shall form a part of the Contract Documents and take precedence of the original Contract Documents. Bidders shall acknowledge receipt of this Addendum.No. I by signing page Al-2 and emailing a copy of page AI-2 to the City of San Juan Capistrano, Mr. Joe Mankawich, imankawichLa-)sanjuancapistrano.org and Mr. Jeff Heden,j-efsEjcheden.cozn,both by 4:00 PM Wednesday March 30, 2011. In addition, this Page AI-2 shall be included in the Contractor's bidding document package. DATED: March 25, 2011 By: Joe Mankawich Associate Engineer City of San Juan Capistrano PAGE AM Addendum No. 1 (March 25,2011) City of San.Tuan Capistrano San Juan Creek Road Utilities Extension THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages AI-I through Al-4. Date Received by Bidder: By: 4 u/0,, ll) 67r` a "`��314' Bidder's C©mpan�/Name Bidder's Sig ature L7P� � � EB Typed or Printed Name Addendutnl San luau Creek Road Utilities Extension-March 25 2011 PACE A]-2 Addendum No. I (March 25,2011) City of San.Juan Capistrano San Juan Creek Road Utilities Extension The following changes, additions, deletions, or modifications shall be made to the Contract Documents and shall take precedence over the original Contract Documents; all other provisions in the Contract Documents remain the same. 1. BIDDING AND CONTRACTUAL DOCUMENTS Bidder's shall utilize the City's Bid Proposal Forms. No other forms shall be accepted. 2. BIDDING AND CONTRACTUAL DOCUMENTS Bidders shall understand that the basis of award is the total amount bid for Base Bid Items 1-9, 3. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Was there a geotechnical report prepared for this project? Answer: No there was not. 4. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: The plans and specifications call out different types of manhole linings. Which will the City be requiring on this project? Answer: The City will require the sewer manholes to be polyurethane lined per Sewer Note 26 on Drawing G-2 since PVC linings only pertain to manholes with sewer mains 18-inch and larger. Part 2.09 of Technical Specification 03451 Precast Concrete Manhole specification requires the APC polyurethane lining. 5. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Will night work be required? Answer: Night work will need to be arranged with the City in advance and may only be required for the shut-offs/connections impacting the development located SE of the existing sewer manhole near Station 10+00. Base bids upon normal working hours of 7:30 AM to 5:30 PM. 6. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question.: Will permits be required,will the contractor have to pay for them and about how much will they cost? City encroachment permit fee will NOT be waived. The cost is $200. The contractor is also required maintain a current City Business License, $60. Addendum] San Juan Crede Road Utilities Extension.Mach 25 2011 PAGE Al-3 Addendum No. 1 (March 25,2011) City of San Juan Capistrano San Juan Creek Road Utilities Extension 7. CLARIFICATION GIVEN AT PRE-BID MEETING Clarification: The Kinder Morgan (KM) High Pressure 16-inch Aviation Fuel Pipeline is a major element of this project. It was potholed by city crews in the presence of a KM representative. Any and all excavation shall require advance notice to and communication with KM and their physical presence during excavation_ A detail has been provided in the plans together with information on the plan/profile sheet. The KM contact information is included on Drawing C-1 as Note 1. No permit for the KM pipeline crossing will be required. 8. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Will the City include the sanitary sewer improvement as well with the award of the project? Answer: That decision will be solely up to the Ranch and the City. 9. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: What type of backfill for the pipeline trenches will be required? Answer: There is a City Standard Detail W-8 that gives this information. There may be other details that supplement this detail as well. 10. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Where can a bidder obtain plans and specifications? Answer: The City as set up a special web site and there is a charge to obtain a set of plans and specifications. www.coa-,talblue.coni Cost is $ 31.25 per set. 11. CLARIFICATION GIVEN AT PRE-BID MEETING Clarification: The amount to be used in the Agreement/contract for liquated damages shall be two hundred, fifty dollars($250). Addenduual San Juan Creek Road utilities Extension-March 25 2011 PAGL Al-4 CALIFORNIA ALUPU"OSE CERTIFICATE OF ACKNOWLEDGEMENT State of California 5 County of Orange On 04/01/11 before me, personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of M E which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Wl' E S my hand and official seal. CYNTHIA J. VALENCIA 7 7 HE commission 1773427 catifoTnio Notary Public Grange county 3lge�sc>ct15,21011 Comm. WEE R Signature 44<10tary Publi (Notary Seal) iF Hk t ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Bid Bond Title or description of attached document Individual Corporate Officer x /Title President Number of pages Document Date Partner Attorney-In-Fact fl! Trustee Other Additional Information T .................... ............-------------- DID This is EXHIBIT A, consisting of one page, referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees,if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement)to perform the Work as specified or indicated in said Contract Documents entitled: C.I.P. 11202 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond,and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number_ Date .S'^�� Number bate Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, thelocality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary- In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), list of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementionedB/Bidding Schedule(s). Dated: 7 '" Bidder: teJa By: (Signature) i Title: SAN JUAN CREEK ROAD BID PROPOSAL- 1 UTILITIES EXTENSION PROJECT BID FORMS—PAGE 1 FORM U-300 X08u-300bid.wpd Nov 2001 Name of Bidder: "Lj C �"� 1�� This is EXHIBIT B, consisting of one page, -' referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR BID SCHEDULE SAN JUAN CREEK ROAD UTILITIES EXTENSION-C.I.P. NO. 11202 In San Juan Capistrano, California Item Description Unit Total No. Quantic . Price Cost 1, Mobilization, Demobilization, Bonds, Ins. Job LS 147a 2. Connection to Existing Potable Water Job LS ZW 3. Connection to Existing Recycled Water Job LS 4. 12-inch and 16-inch Potable Water Pipeline 1,090 6 i---= LF N R- - - 5. 8-inch Recycled Water Pipeline 1,020 qU� LFy s ' 6. Fire Hydrant Assemblies Job LS . � 7. 1-inch AirNacuum Valve Assemblies 2 t Goo-!?L1EA 7 & 2-inch Blow-off Valve Assemblies 2 j S EA 00 9, Pavement Repair, Testing, Disinfection, Clean--up LS TOTAL "BASE �BID" PRICE: $ 5 J// (Price in words) (Price in words) "Alternate/Optional" Bid Items: 10. Connection to Existing Manhole Job LS 11. 12-inch Sanitary Sewer Pipeline 1,440 IF 12. Manholes 3 3;J00-0 EA TOTAL."ALTERNATEIOPTIONAL,"//BID ITEMS PRICE: $ $ (Price in words) SAN JUAN CREEK ROAD BID SCHEDULE UTILITIES EXTENSION PROJECT BID FORMS- PAGE 2 FORM U-30T LUMP SUM x090-3011ump.wpd Nov 2001 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As rewired under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Subcontractor's License Work to be Performed Number Subcontractor's Name & Address 3 4 5 6 7 8 SAN JUAN CREEK ROA© LIST OF SUBCONTRACTORS UTILITIES EXTENSION PROJECT BID FORMS- PAGE 4 FORM U-430 7 0U-430sv6s.wpd Aug 2001 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of 0W@44JG* ) 1, JASO " PA164%-0 S being first duly sworn, deposes and says that he or 440 is ?ll 10e I- of 44WS606,-,0L-dW1iJ6 AV( , the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the 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 anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, .that the Bidder has not, directly or indirectly, submitted his or her. 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 to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. el Bidder 414wS &640 "621A 6 A) By �--� Title f /1V ed Organization f A, Address C 6 i 6 SAN JUAN CREEK ROAD NON-COLLUSION AFFIDAVIT- 1 UTILITIES EXTENSION PROJECT BID FORMS -PAGE 5 FORM U-490 11U-48071.wpd Aug 2001 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT t ti ]! 1 I State of California 3 r: County of Orange On_ 04/04/11 before me, Cynthia J. Valencia Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to EI: the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. { 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L W1 my hand nd official seal. CYNTHIA J. VALENCIA Cornmisalon 1773427 "� Notary Public -Calif€�r-17 z Signatu of tary Pu bl' (Notary Seal) Orange CDURty ' Conyrl. es Oct Is.2011 - i[ F eS iJ ii V1 Ij J 11.. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER i _ Non-Collusion Aff _ Title or description of attached documentIndividual ! Corporate Officer x /Title President Number of pages Document hate Partner_ RE Attorney-In-Fact "' 3 1: Trustee Other E; ij Additional Information el � lIl f is �i T lii i El T 3Fi i3 3 Ji .s !lc. F 1:: e BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information, f=ailure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: LAW G c 2. CONTRACTOR'S Telephone Number: ) 7c7-7 Facsimile Number_ E-mail address 3. CONTRACTOR'S License: Primary Classification State License Number(s) --- -- l I' Supplemental License Classifications 4. Surety Company and Apent who will provide the required Bonds on this Contract: Name of Surety. IC -� Address C C ' Surety Company Agent 1 67AJ Telephone Numbers: Agent ('7' ) 0536 Surety ( -f & Type of Firm (Individual, Partnership or Corporation): 660AAI-iok��) 6. Corporation organized under the laws of the State of: 7. List the names and addresses of the principal members of the firm or names and titles of the grind I officers of the corporation or-firm: m SAN JUAN CREEK ROAD BIDDER'S GENERAL INFORMATION UTILITIES EXTENSION PROJECT BILA FORMS - PAGE 7 FORM U-420 w!3U-420;rt9r.revp6 FVav 200t BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 9. List at least three related projects of comparable size and complexity completed to date: 1. Omer Address Contact Class of work Phone ( ) Co t aw.unt q� Project ( } ©ate completed 2. Owner Address Contact Class of work Phone ( } Contract amount Project ( _) Date completed 3. Owner Address Contact Class of work Phone �_) Contract amount° SAN JUAN CREEK ROAD BIDDER'S GENERAL INFORMATION UTILITIES EXTENSION PROJECT Bib FORMS - PAGE 8 FORM U-420 X#3U-420M0 wpd Nov 2001 Project { } Date completed 10. List the name and title of the person who will supervise full-time the proposed work for your . firm: � � m 11. Is full-time supervisor an employeecontract Services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. R F R R R SAN JUAN CREEK ROAD BIDDER'S GENERAL INFORMATION UTILITIES EXTENSION PROJECT BID FORMS - PAGE 9 FOAM U•420 xB 3U-420inla-wDd Nov 2001 • r • r r !- r • s a 8. City of Anahielm Citywide Sanitary Sewer Improvements Anaheim Install Sewer Line $ 367,918.00 Apr-09 Psomas 200 S.Anaheim Blvd. 18"Up to 20'Deep 3187 Red Hill Ave Anaheim,CA 92805 Costa Mesa,CA 92626 (714)765-5059 v 714 765-4409 f Coachella Valley Water Dist Monroe Street Trunk Sewer Coachella Install over a Mlle 776,328.00 Feb-09 MSA Consulting Inc 85-955 Ave.52 of 12"Sewer Line 34200 Bob Hope Dr Coachella,CA 92236 Rancho Mirage,CA 92270 Jorge Meza ZOO)391-9637 city of Fullerton Fewer Repi Proj.OUTS Fullerton Install 18"Sewer up 9 1,100,218.00 Dec-08 5MJM Harris 303 W.Commonwealth Ave. To 24'Deep 999 Town&Country Rd Fullerton,CA 92832 orange,CA 92868 Eric Viliagracia (714)738-6853 v {714. 738-3115 f Irvine Ranch Dater District Bayview Sewage LiStation Newport Bead Bypass and Replace $ 429,000.00 May-09 URS 15600 Sand Canyon Ave. Main Lift Station 2020 E 1st St Irvine,CA 92618 Pumps&Vaults Santa Ana,CA 92705 Anita Arent (714)453-5300 Ventura County Waterworks 21"Arroyo Simi Trunk Sewer Ventura Install 21"PVC 860,0 0.00 Jul 8 Penn eld 9 Smith 6767 Spring Road Sewer Line w/Bore 1322 Del forte Rd Moorpark,Ca.93020 Under Railroad Tracks Camarillo,CA 93010 Cefe Munoz (805)378-3020 (805)529-7542 BOND# 7-B PREMIUM: NIL BCD BOND KNOW ALL MEN BY TmrzSE PRESENTS, That PAULUS ENGINEERING, INC. as Principal, and NORTH AMERICAN SPECIALTY INSUMANCE COMPANY as Surety, are held and firmly bound unto The City of San Juan Capistrano, hereinafter called the "Owner" in the sum of TEN PERCENT OF AMOUNT BTS (10%) dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said Owner to perform the Work required under the Bid Schedule(s) of the Owner's Contract Documents entitled. SAN JUAN CREEK UTILITIES EXTENSION CIP NO, 11202 NOW THEREFORE, if said Principal is awarded a Contract by said Owner, and within the time and in the manner required in the "Notice Inviting Rids" and the "instructions to Bidders" enters into a written Agreement an the Form of Agreement bound with said Contract documents, fumishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said Owner,.and Owner prevails, said Surety shall pay all costs incurred by said Owner In such suit, including a reasonable attomey's fee to be fixed by the court. SIGNED AND SEALED, this 25TH day of MARCH 2011 PAULUS ENGINE_" NG, INC. (SEAL.) (SEAT:AND NOTARIAL ACKNOWLEDGMENT OF SURETY) BY: r (SEAL.) I (SEAL.) (SEAL) SAN JUAN CREEK ROAD BID BOND (BID SECURITY FORM) UTILITIES,EXTENSION PROJECT 811) FORMS-PAGE 6 FORM U-41a xizua�v�"a.�a Nov 2001 (�'�it�eipal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY (Surety) BY: (Signature) RICHARD A. COON, ATTORNEY-IN-FACT SAN JUAN GREEK RDA® s® BOND(BID SECURITY FORM) UTILITIES EXTENSION PROJECT rORM U410 BIC) FORMS -PAGE 6 XVU 410bcmd.wpd Nov 2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 3/25/11 before me, Lexie Sherwood Notary Public 6ate Here InserF Marne and 7ftle of tate Otiicer personally appeared Richard A- Coon Name(sj of sgner(5) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), % FIE Sl1ERVIf00® and that by his/her/their signature(s) on the instrument the person(s), or the enti 'upon behalf of w13ici the person's) COMM.#1856389 f p NOTARY PUBLIC*CALIFORNIA acted, executed the instrument. T= ORANGE COUNTY 47 ''S. Comm.Exp.JULY 27,2013 ! certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seI. Signature Place Notary seal Above S,gnalur �Typ. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document ©ate: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name:. ❑ Individual ❑ Individual ❑ Corporate Officer-----Title(s): ❑ Corporate Officer—Title(s): ❑ Partner---❑Limited❑General ❑ Partner-------❑Limited❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee =' ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•5354 De Soto Ave.,P.O.Box 2402-Chalsworth,CA 91313-2402•www NaliomilNotary.org Item#59x7 Reorder:Call Toil-Free€-804-676-6627 t s NAS SURETY GROUT' k NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEDT BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State ofNcw Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint; DAVID L.CUL.BERTSON,CHARLES L.FLAKE,RICHARD A COON, and LEXIE SHERWOOD l 70IAt't"L,Y OR SEVERALLY 6 Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY-FIVE MILLION($25,000,000.00)DOLLARS _ This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 2e of March,2400: f "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to.any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall he binding upon the Company when so affixed and in the future with regard w any bond,undertaking or contract of surety to which it is attached." \`����+�`tl�!�!�rrfi4G - atnanwueeky� D cil "Y,• ll• t1 Steven i'.Andarsun,Prasi4ent4 Cbief Executive Officer orWuhington rntuttailonal lasurance Company EAL 'icy L �w i 197$ cpm &Srnior Via President a1 NdAh American Spcdxity Usuranee Company David M.Layman,Scniar Vice Pmicien of Waxhinigton Inlemotional lnsurana Company &Vice Ptrsident of Nurlh Amerkan Spceiaity Troucassce Company . IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 16th day of August -w w„ 20 10 North American Specialty Insurance Company Washington International Insurance Company State.of Illinois County bfCook ss: On this lbw day of August 20_1 0,before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of Wasbington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman,,.,; Senior Vice President of Washington International Insurance Company and Vice president of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. L)FTiCIAE.SEdAL AIS.SKMS cttaryPatttrStstteoEJttlnois Donna D.Sldens,Notary Public hlyCorntelisrinn Expires t(4'6�RAY1' 1, James A.Carpenter , the duly elected A i t Secreta ofNorth American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said Nom American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 25 th day of March ,24 11. San a A.Carpenter,Vice President&Assisiml Secretary of WaAbiwa Intamalfrtui]suuranee Cet'npaiy h� No€h Atmrim Specialty rnsoramv Company IN CALIFORNIA ALL-PURPOSE "i CERTIFICATE OF ACKNOWLEDGEMENT sit 11State of California €f r i, �€ jig County of Orange - t� On 03/25/11 before me,. ' Cynthia J. Valencia Notary Public personally appeared Jason Paulus who proved to lane on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to i!, the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or entity upon behalf ofis !; which the person(s) acted, executed the instrument. Lf L F I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph :is T It T is true and correct. WI TN illy kand and ©ff3cial Sial, CYNTHIAJ. VALENCIA commission # 1773427 < Notary Pubiie - calitorni® ()range county Cp i irY1, cet 1 b.2011 Signatur of ary Public (Notary Seal) :r E j! ADDITIONAL OPTIONAL INFORMATION 1 € €I DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER ,j > Bid Bond s > Individual Title or description of attached document i„ If F I Corporate Officer x /Title President Gr j Number of pages, Document Date _ Partner !I � Attorney-In-Fact j:. is 3, Trustee Other 1 I C �I i Additional Information a ,f f s f iH i �� 'ei TO THE SPECIFICATIONS AND BID FORMS FOR THE CONSTRUCTION OF THE SAN JUAN CREEK ROAD UTILITIES EXTENSION CII' 11202 March 25, 2011 To: All Plan Holders From: The City of San.Tuan Capistrano and J. C. Heden and Associates, Inc. Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the flans and specifications to furnish, deliver, and install the San Juan Creek Road Utilities Extension project as fully and completely as if the same were fully set forth therein. This Addendum No. 1 shall form a part of the Contract Documents and take precedence of the original Contract Documents. Bidders shall acknowledge receipt of this Addendum No. 1 by signing page Al-2 and emailing a copy of page Al-2 to the City of San Juan Capistrano, Mr. Joe Mankawich, jma kawich(r�,',sanivancapistrano.org and Mr. Jeff Heden, ieff�Jcheden.corr ,both by 4:00 PM Wednesday March 30, 2011. In addition, this Page Al-2 shall be included in the Contractor's bidding document package. DATED: March 25, 2011 By: Joe Mankawieh Associate Engineer City of San Juan Capistrano PAGE At-1 Addendum No. I (March 25, 201 1) City of San Tuan Capistrano San Juan Creek Road Utilities Extension THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages A 1-I through A l-4. Date Received by Bidder: By: ci L0 1,) Bidder's Compan� ame Bidder's SigxrSfure Typed or Printed Name Addenduml San Juan Creak Road Utilities Extension-March 25 2011 PAGE Al-2 Addendum No. 1 (March 25,2011) City of San Juan Capistrano San Juan Creek Road Utilities Extension The following changes, additions, deletions, or modifications shall be made to the Contract Documents and shall take precedence over the original Contract Documents; all other provisions in the Contract Documents remain the same. 1. BIDDING AND CONTRACTUAL DOCUMENTS Bidder's shall utilize the City's Bid Proposal Forms. No other forms shall be accepted. 2. BIDDING AND CONTRACTUAL DOCUMENTS Bidders shall understand that the basis of award is the total amount bid for Base Bid Items 1-9. 3. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Was there a geotechnical report prepared for this project? Answer: No there was not. 4. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: The plans and specifications call out different types of manhole linings, Which will the City be requiring on this project? Answer: The City will require the sewer manholes to be polyurethane lined per Sewer Note 26 on Drawing G-2 since PVC linings only pertain to manholes with sewer mains 184nch and larger. Part 2.09 of Technical Specification 03451 Precast Concrete Manhole specification requires the APC polyurethane lining. 5. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Will night work be required? Answer: Night work will need to be arranged with the City in advance and may only be required for the shut-offs/connections impacting the development located SE of the existing sewer manhole near Station 10+00. Base bids upon normal working hours of 7:30 AM to 5:30 PM. 6. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Will permits be required, will the contractor have to pay for them and about how much will they cost? City encroachment permit fee will NOT be waived. The cost is $240. The contractor is also required maintain a current City Business License, $60. Addendum San Juan Creek Road Utilities Extension-March 25 2011 PAGE Al-3 Addendum No. 1 (March 25,2011) City of San Juan Capistrano San Juan Creek Road Utilities Extension 7. CLARIFICATION GIVEN AT PRE-BID MEETING Clarification: The Kinder Morgan (KM) High Pressure 16-inch Aviation Fuel Pipeline is a major element of this project, It was potholed by city crews in the presence of a KM representative. Any and all excavation shall require advance notice to and communication with KM and their physical presence during excavation. A detail has been provided in the plans together with information on the plan/profile sheet. The KM contact information is included on Drawing C-1 as Note 1. No permit for the KM pipeline crossing will be required. 8. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Will the City include the sanitary sewer improvement as well with the award of the project? Answer: That decision will be solely up to the Ranch and the City. 9. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: What type of backfill for the pipeline trenches will be required? Answer: There is a City Standard Detail W-Y that gives this information. There may be other details that supplement this detail as well. 10. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Where can a bidder obtain plans and specifications? Answer: The City as set up a special web site and there is a charge to obtain a set of plans and specifications. www.coastalblue.com Cost is $ 31.25 per set. 11. CLARIFICATION GIVEN AT PRE-BID MEETING Clarification: The amount to be used in the Agreement/contract for liquated damages shall be two hundred, fifty dollars ($250). Addenduml San Juan Creek Roan Utilities Extension-Marcb 25 2011 PAGE Al-4 k CALIFORNIA ALS..-PURPOSE E CERTIFICATE OF ACKNOWLEDGEMENT I3 Ek �3 State of California - a' 'I County of Orange On 04/01/11 before me, Cynthia J. Valencia Notary Public "` personally appeared Jason Paulus j who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized I' ca acity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of =' which the person(s) acted. executed the instrument. y=. s I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 1; is true and correct. Eli flf ,J. W1 E S my band and official seal. CYNTHIA J. VALENCIA r Corrtsrission # 1773427 Notary Public California z } p� n orange County _ ' lresOct i 5,2[ll l Signature o otary,Publi (Notary Seal) 3 t IF - a 7 — i ADDITIONAL OPTIONAL INFORMATION lu Ell n; ui I k DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER E j _ Bid Fond Individual 3' Title or description of attached document Corporate Officer x /Title President 1!1 Number of pages Document Date Partner Attorney-In-FactNE E Trustee .Other u ii Additional Information `t i r: Ia s F1 r' P: i €r i �I 1 R' 1'I f= f CONTRACT This contract is made and entered into by and between the CITY Orli SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and PAULUS ENGINEERING, INC. hereinafter referred to as "CONTRACTOR." E 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 Affidavit,the Designation of Sub-Contractors,the Contract which is prepared for execution by the CITY and the CONTRACTOR. flans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 2006 Edition, including ail Supplements, Contract Bonds,Resolutions adopted by the CITY pertaining to the work,insurance 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 necessary to perform and complete in good and workmanlike manner the construction of SAN JUAN CREEK ROAD EXTENSION(CIP 11202)in strict conformity with the k Plans, Specifications and all other contract documents prepared by HEDEN AND ASSOCIATES released March 4, 2011, which documents are on file at the Office of the City Clerk, City Hall, `` 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay,and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the <1 manner set forth in the Specifications. ;�lL 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 impractical 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, Five Hundred Dollars($500)per calendar day for each day delayed;provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. E_.' t FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of s all labor and material used under this contract,as required by the laws of the State of California,on k forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100/0)of the amount of this contract and shall be conditioned on full and complete performance of the contract,guaranteeing the work against faulty workmanship and materials for a period of one(1) year after completion and 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 incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action s against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay '4 :E attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California,copies of the prevailingrato offer diem wages,as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Cleric, 32400 Pasco Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he,or any SUB-CONTRACTOR under him,shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability i and property damage insurance naming the CITY and its elected and appointed officials as a named insured,which such policies shall be of an amount not less than Two Million Dollars($2,000,000) combined single limit. Insurance certificates shall be for a minimum period of one(1)year. F 3? 4: f,J 0 *E i CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired,and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence{not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail,return receipt requested,giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than thirty(30)days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate €'' establishing that the required level of insurance has been satisfied. E s is CONTRACTOR shall indemnify, defend and save harmless the CITY, Tetra Tech, its officers, agents,and employees from and against any and all claims,demands,loss or liability of any kind or nature which CONTRACTOR,its officers,agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of,or arising out of,or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be , complied with by CONTRACTOR. These include,but are not limited to,the stipulation that eight >x! (8)hours labor constitute a legal day's work and CONTRACTOR shall,as a penalty to CITY,forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight(8)hours in violation of the provisions of Article Three, Chapter One, fart Seven, Division 2, of the California Labor Code, except as permitted by law. y F% If CONTRACTOR isnot already enrolled in the U.S.Department of Homeland.Security's E-Verify E' program,Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perforin work under this Agreement. Information peilaining to the E-Verify program can be found at http://www.uSels,gov, or access the registration page at https://www.vis- dhs.com/eployerregistration. Consultant shall certify its registration with F-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action,and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano DATED: BY: Sam Allevato, Mayor 3 s3 BY: i CONTRACTOR, LICENSE NO. AND CLASSIFICATION 'j ATTEST: Maria Morris,City Clerk f 1 APPROVED AS TO FORM: :r Omar Sandoval, City Attorney r ti t DID This is EXHIBIT A, consisting of one page, referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR j BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with the City in the form included in the Contract Documents(as defined in Article 4 of the Agreement)to perform the Work as specified or indicated in said Contract Documents entitled: C.I.P. 11202 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. I. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond,Performance Bond,and all Permits required by the Contract Documents. j Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): E� Number Date r Number Date ; a Number Date Number Date ; Bidder has familiarized itself with the nature and extent of the Contract Documents,the Mork, the site, the locality " where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. E In conformance with the current.statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: 3 I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions,before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's .General information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the World required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in thei aforementioned Bidding Schedule(s). Dated: 7 S Bidder: gk-4j-13S w' f By- Signature) Title: " SAN JUAN CREEK ROAD BID PROPOSAL— 1 UTILITIES EXTENSION PROJECT BID FORMS—PAGE 1 < FORM U-300 X08U-300bW WPd f Nov 2001 F Name of Bidder: 14440 61 a C, This.is EXHIBIT B, consisting of one page, referred to in and made a part of the F f AGREEMENT between the OWNER and the CONTRACTOR SID SCHEDULE SAN JUAN CREEK ROAD UTILITIES EXTENSION-C.I.P. NO. 11202 is 3f In San Juan Capistrano, California Item Description Unit Total No. Quantity Price Cost j� I. Mobilization, Demobilization, Bonds, Ins. Job LS O 2. Connection to Existing Potable Water Job LS ice, E 3. Connection to Existing Recycled Water Job LS s ' p .. gip . 4. 12-inch and 16-inch Potable Water Pipeline 1,090 ���=` LF .m., 5. 8-inch Recycled Water Pipeline 1,020 f, = - LF 6. Fire Hydrant Assemblies Job LS 7. 1-inch Air/Vacuum Valve Assemblies 2 1G ? EA _ 75 — E 8. 2-inch Blow-off Valve Assemblies 2 3.3%SEA k 3 9. Pavement Repair, Testing, Disinfection, Clean-up LS j TOTAL"RASE.BID" PRICE: $�/ ,5,e.3 (Price in words) (Price in words) c "AlternatelOptional"_Bid Items: 10. Connection to Existing Manhole Job LS `l 11. 12-inch Sanitary Sewer Pipeline 1,040 LF < 12. Manholes 3 Z1 EA Z�c 60 TOTAL"ALTERNATI=IOPTIOMAL" BID ITEMS PRICE: ' (Price in words) SAN JUAN CREEK ROAD BID SCHEDULE �.s UTILITIES EXTENSION PROJECT BID FORMS—PAGE 2 FORM U-301 LUMP SJUM - x09U,3071oMP.wRA Nov 2005 ?�s �z =',f} INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "andlor" will not be permitted. Failure to comply with this requirement will render the Bid as.non-responsive and may cause its rejection. Subcontractor's License Work to be Performed Number Subcontractor's Name & Address. j fHt ZGa Zc� AA.n r-• e..-.acs e...i_ i+,�- - ISI'✓ �-k s. 3 4 1n 5 ilk }�f �i z' 57: SAN JUAN CREEK ROAD LIST OF SUBCONTRACTORS _ UTILITIES EXTENSION PROJECT BID FORMS-PAGE 4 yf FORM U-430 - +au•430suus.wud Aug 2001 yt �r 5 1 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) i SS. County of Cy2A+j * ) I, being first duly sworn, deposes and says that he or is T2ez /- a o j of 414 LOS 606-,Wetr4rAJ6 !,C the party ' making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the 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 anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or g indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price i of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid 3 are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her 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 to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or share Bid. ?4VWS Bidderk1jQfJEeket1_)GA '� By Title ^E' Organization�� ,�. Address . l b A-YAOi5194. 5 7- SAN SAN JUAN CREEK ROAD NON-COLLUSION AFFIDAVIT- 1 UTILITIES EXTENSION PROJECT BID FORMS-PAGE 5 FORM V-480 - - S•,> 71V-480c01.wpd 3 Aug 2001 •,>:x.., ,r ,,.«'- n`.La ._ —.-.a.., - ..a.,.you, lE CALIFORNIA ALL-PURPOSE `tf I E CERTIFICATE OF ACKNOWLEDGEMENT LE Z ,5 State of California ' County of Orange On_ _04/04/11 before me, C nt•hia J. Valencia Notary Public .i personally appeared. Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of 1 which the person(s)acted,executed the instrument. N M. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph oin r 3 is true and correct. E ['y Li j! WIT my hand d official seal. iF 1 f CYNTIVA 3. VALENCIA COMrr ISMOn# 1773427 NoiofV Publfc-Coll ornla Sinnaio�o' nary Pohl- (Notary Seal) C OMM ng® County E15 15,201. 01 e� I{ �3 .q ,o E e ADDITIONAL OPTIONAL INFORMATION Ft lE , ri DESCRIPTION OF THE ATTACHED[DOCUMENT CAPACITY CLAIMED BY THE SIGNER ml Tttfe or des iption f attacb d ca�nntet Individual � ii Corporate Officer X President fli /Title ' a _ Number of pages Partner _- .-_- Attorney-In-Fact J 4 Trustee f„ Other u i' Additionat information , }, :E F f� BIDDER'S GENERAL INFORMATION The Bidder shall furnish the fallowing information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: 2, CONTRACTOR'S Telephone Number: ( ) Facsimile Number. ( / }__.......,..._.._r,�� �. 3 t E-mail address Coo 3i 3 3. CONTRACTORS� License: Primary Classification =i State License Number(s) ............. Supplemental License Classifications i 4. Surety Company and Agent who will provide the required Bonds on this Contract: F Name of Surety t m Address Surety Company Ardent_ r U _ Telephone Numbers: Agent( j Surety a 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of: 7. List the names and addresses of the principal members of the firm or names and titles of 3 the princi I officers of the corporation or-firm: ..� SAN JUAN CREEK ROAD BIDDER'S GENERAL_ INFORMATION UTILITIES EXTENSION PROJECT' BID FORMS - PAGE 7 FORNI U-420 '=s x i 7U-4TOinEa.wpd No-200t f �L �2 s 3 y:1 '3 I BIDDER'S €EN RAL INFORMATION (Continued) 8. Dumber of years experience as a contractor in this specific type of construction work- 9. List at least three related projects of comparable size and complexity completed to date: 1. Owner Address I` Contact Class of work Phone.___. Co ount_��T��... �._ j Project e Date completed �. .._ (_ ) - E 1 � 2. Owner Address Contact Class of work Phone (--. _ ) Contract amount Project( } Date completed 3. Owner Address Contact Class of _�.... work a Phone ( } Contract amount . art SAN JUAN CREEK ROAD BIDDER'S GENERAL INFORMATION UTILITIES EXTENSION PROJECT Bld FORMS - WAGE 8 FOAM U-420 .M-420mio Wd Nov 2001 '''-F d l' t Project(_ -. _) Date completed �._......__. .. i j,. 1 10. List the name and title of the person who will supervise full-time the proposed work for your =" firm:_ - ......_.. 11. Is full-time supervisor an employee. contract services ? 12.A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. R R } ti 3 .jf £t 1 SAN JUAN CREEK ROAD BIDDER'S GENERAL INFORMATION UTILITIES EXTENSION PROJECT BID FORMS - PAGE 9 _ FORM UA20 K 13U.420irsia.}upd Nov 2001 !.I City of Anaheim Cilywide Sanitary Sewer improvements Anaheim Install Sevier Une• $ • 367,918.00 Apr-09 Psomas 200 S.Anaheim Blvd. 18"Up to 20'Deep 3187 Red Hill Ave Anaheim,CA 92805 Costa Mesa,CA 92626 (714)765-5059 v (714)785.4409 f Coachella Valley Water Dist. Monroe Street Trunk Server Coachella Inslali Over a Mile $ 776,328.00 Feb-09 MSA Consulting Ino 85-955 Ave.52 of 12"Sewer line 34200 Bob Hope Or Coachella,CA 92236 Rancho Mirage,CA 92270 Jorge Maza (760)391-9637 C€ty of Fullerton Sewer Repl Pro;,2007-06 Fullerton Install 18"Sewer up $ 1,100,218.00 De"8 DMJM Harris 303 W.Commonwealth Ave. To 24'Deep 999 Town&Country Rd Fullerton.CA 82832 Orange,CA 92868 Eric Villagracia (714)738-6$53 v (714)73"115 f Irvine Ranch Water District Bayview Sewage Uft Station Newport Beach Bypass and Replace $ x28,000.00 May-09 URS 15600 Sand Canyon Ave. Main Lift Station 2020 E 1st St Irvine,CA 02618 Pumps&Vaults Santa Ana,CA 92705 Anita Arent (714)453-3300 Verdura County Waterworks 21"Arroyo Simi Trunk Sewer Ventura Install 21"PVC $ 360,000X0 Jui-08 Pennf€eid&Smith 8767 Spring Road Sewer line w/Bore 1322 Del Norte Rd Moorpark,Ca.93020 Under Railroad Tracks Camarillo,CA 93010 Cefa Munoz (M)378-3020 @05)529-7542 BOND# 7--B PREMIUM: NTL BID BOND KNOW ALL MEN BY THRSE PRESENTS, That PAULUS ENGINEERING, INC. i as Principal,and �. NORTH AMERICAN SPECIALTY INSURANCE COMPANY as Surety, are held and firmly bound unto The City of San Juan Capistrano, hereinafter called the"Owner"in the sum of � TEN PERCENT OF AMOUNT BID (107.) dollars (not less than 10 Percent of the total amount of the bid) s W tie payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said Owner to perform the Work required under the Bid Schedule(s)of the Owner's Contract Documents entitled: SAN. JUAN CREEK UTILITIES EXTENSION" iA CIP NO. 11202 NOW THEREFORE, if said Principal is awarded a Contract by said Owner, and within the time and in the manner required in the 'Notice Inviting Bids" and the "Instructions to Bidders" eaters into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Band, thea this obligation shall be null and void, otherwise if shall remain in full force and effect. In the event suit is brought upon this mond by said Owner, and Owner prevails, said Surety shall Pay all costs incurred by said Owner in such snit, including a reasonable attorney's fee to be fixed by the court,. SIGNED ANIS SEALED, this 25TH day of MARCH 201'1 , ' PAULUS ENGINE 9 NG, INC. (SEAL.) .} (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) BY: - (SEAL) v d-sf — i (SEAL) (SEAL) SAN JUAN CREEK ROAD ; UTILITIES.EXTENSION PROJECT BID BOND(BID SECURITY FORM) FORM U410 131D FORMS,MAGE 6 x12U.69Mantiwd Nov 2001 w c (Principal) \} NORTH AMERICANSPECIALTY SeRAN£ COMPANY (surety) \ _ \ (U mm) 2 \ RICRAC A. COON, -I FC \ \ . \ \ \ \ \ . . . . . . - \ j § . \ \ \ SAN JUAN CREEK ROAD D BOND(Bit)SECURITY FORM UTILITIES EXTENSION PROJECT m9 kAq DFORMS-PAGES xq �� ��, \ 'v sl CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On_._.___ 2 S/I 1 before me, Lexie Sherwood. fotary Public (late Hem Insert Name 3rttt 7'tile of 1hB O!lices�� _� personally appeared Richard A. Coon ...__...____...__ �Name(s)of Signer(g) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that b his/her/their signature(s)on the instrument the x LEXIS SHERWOOD y Rerson(s), or the entity upon behalf of which the person(s) z \' Comm #3558389 E NOTARY PURLEC•CAttFgF2NiA r G) acted, executed the instrument, �, ORANGE COUNTY •=�;4; Comm.Exp.JULY 27,2013 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true r and correct. Witness my hand and official se 1. Signature 5 Place Na€ary Seat Above SignaEur o ry p t i i4 ,.3 OPTIONAL F�� Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document if Title or Type of Document: Document Date: __._. Number of Signer(s)Other Than Named Above: _ Gapacity(ies)Claimed by Signer(s) Signer's Name: _ Signer's Name: ❑ Individual ❑ Individual W E E ❑ Corporate Officer —Title(s):�„ ❑ Corporate Officer Title(s): _ ❑ Partner—❑Limited❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ' ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here �E[ ❑ Other: _ ❑ Other: Signer Is Representing: Signer Is Representing: ;4 �WWv_N".-�^4�N�r4l��n '�7� W' iT�"!h!`-'l��W+�M����!V.`.,✓.V�'\^��J-�M����? �.?V �^:+w-Tr�W` SCJ 24f17 Nalicxx�t Notary AssociaEiDn 9350 De.Sola Ave„P,t?.E1ox 2462•Chalswprlh,CA 9t 37 S 24(12•cvww_NatianplNalary.org ltem#59¢7 Reorder;Call Tnll-Trpo 1-600^876-5827 ,i i' t; NAS SURETY GROUP NORTH AMERICAN SPEC]ALTY INSURANCE COMPANY I WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the Slate of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International [ Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of f' Schaumburg,Illinois,each does hereby make,constitute and appoint: } _.—DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COON, and LEXIS SHERWOOD __ — 'JOINTLY OR SEVERALLY I Its true and lawful Attorney(s)-in-Fact,to make,excoute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings i obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or Suretyship executed under this authority shall exceed the amount of TWENTY FIVE MILLION($25,000,000.00)DOLLARS _.._. This Power of Attorney is granted and is signed by fmini ile tinder and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duty called and held ', on the 20 of March,2000: "RESOLVEi7,thaE any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Sectctwy or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying tate attomcy namcd r in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of their € =y hereby is authorized to attest to the execution of any such Posvcrof Attorney and to attach therein the seal of the Company, and it is 3 FURTHER RFSOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." arrltrrtp E-a 3. biBY �so SEAL t Steven P.Andrus",FreudantA Cir¢r8a¢CUAW offictr orwatm"sinurna tml rnfulanee Cs pang _ � �t�t� map;y�� 8t SPntor VrCG rrCSr$tdk nrxarm Arn¢rkart Speeirtry rnruraees Cbr¢1�nlb' �l, ��j, j �riillrt3iS By �••,•} E-� mold M.Laym n,Senlar Vies P¢atldtn ei WrEshia�tea Inmeagttsnnl nnsarnnee Company - &Ze Y¢etldmi or North Ancerkan Sprsiaay rn,erxnto Company 1 IN WITNESS WHEREOF,North American Specialty Insurance Company acid Washington Interngtional Insurance Company have caused their official seals to be hereunto affixed,and these presents to he signed by their authorized officers this 16ttr day of August 2010. i North American Specialty Insurance Company Washington International Insurance Company State of Illinois Coanty bf Cook ss: gi On this 16t1h day of August 200 before me,a Notary t'ublic personally appeared SEevert P.Anderson ,President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and !i acknowledged said instrument to be the voluntary act and deed of their respective companies. f "0FFICrALS13AL I�iS+TA D:.STSI:t-sN 5 Notary `state afttlivats a r_Vh%.tetll=11 Donna D.Sklens,Notary Public IySyPnmantcdtrS 1, fames A.Q=gnW , the duly elacted i t of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed(lie seals of the Companies this 2 s ch day of March ramex A.Caapenmr,Vlse Pr&Wat ffi Asa4Wt 9wrolary ar Wad inOoa Intamaiiand lafuranse COnpany S_ Noith Ar wk"SpWft rnsweneo Company [: %ti i i CALIFORNIA ALL-PURPOSE { CERTIFICATE OF ACKNOWLEDGEMENT I� a !� State of California e3 I i County of Oran e ! On 43/25/11 before me, Cynthia J. Valencia Notary Public i personally appeared Jason Paulus 1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to tf the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized d ca acit les and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of r, E which.the persons)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph i; 3 I{ is true and correct 6r i WITN my hand and official seal. CYNTHIA J.VALENCIA k li3 commission# 1773427 ! platy Public -031if0fMot j orange county COMM.f krG Qct 15,2fl11 Signature of ark Public {;Votary Sea]) Ilii r` 5fi r l'. Ei �g` {3 ADDITIONAL OPTIONAL INFORMATION k 7 'i DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER x'+[ _,Tft[c ordescriPiion€id o€atiachcc]daeumeEtt Individual l Corporate Officer x /Title President E, T' €mthcr of pages Document Dalic Partner -- - Attorney-In-Fact Trustee Other _....._ Additional lnfarmutian � € . i '(It ADDENDUM NO. 1 TO THE SPECIFICATIONS AND BID FORMS FOR THE CONSTRUCTION OF THE SAN JUAN CREEK ROAD UTILITIES EXTENSION CII' 11202 March 25, 2011 To: All Plan Holders From: The City of San Juan Capistrano and 21. J. C. Heden and Associates, Inc. Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Plans and specifications to furnish,deliver,and install e the San Juan Creek Road Utilities Extension project as fully and completely as if the same were fully set forth therein. f This Addendum No. I shall form a part of the Contract Documents and take precedence of the original Contract Documents. Bidders shall acknowledge receipt of this Addendum No. I by signing page A 1-2 and emailing a copy of page Al-2 to the City of San Juan Capistrano,Mr. Joe Mankawich, a k ,ipistrano.-rg and Mr. Jeff Heden,J.q f fLgJ Ji c c:j,gpjjj ,both by 4:00 PM Wednesday Marc30,2011. In addition,this Page Al-2 shall be included in the Contractor's bidding document package. -a DATED: March 25,2011 By: Joe Mankawich = Associate Engineer =< City of San Juan Capistrano -? is i :3 <Y I VAGI M-1 \ ) Arum No. ! (March 25,2011) . City of San kA Capistrano \ San Juan CreekRoad Utilities Extension \ \ . THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. \ ! have received B&G! through&!k. \ DaoReceived Bidder: By: lad Bidder's«0m n` ■me ` \ � . Bidder's Sigkue \ . Typed or Printedm,me \ \ �) . \ k f Sanhaiic 4 RoaAi A, _-mom a an . UES a \ . \ . \ { t S;f 3i Addendum No. I (March 25,2011) City of San Juan Capistrano San Juan Creek Road Utilities Extension The following changes, additions, deletions, or modifications shall be made to the Contract Documents and shall take precedence over the original Contract Documents; all other provisions in the Contract Documents remain the same. I. BIDDING AND CONTRACTUAL DOCUMENTS Bidder's shall utilize the City's Bid Proposal Forms. No other forms shall be accepted. i 2. BIDDING AND CONTRAC'T'UAL DOCUMENTS Bidders shall understand that the basis of award is the total amount bid for Base Bid ' Items 1-9. 3. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Was there a geotechnical report prepared for this project? Answer. No there was not. 4. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: The plans and specifications call out different types of manhole linings. Which will the City be requiring on this project? i Answer: The City will require the sewer manholes to be polyurethane lined per Suver Note Zb on Drawing G-2 since PVC linings only pertain to manholes with f sewer maims 18-inch and larger. Part 2.09 of Technical Specification 03451 Precast Concrete Manhole specification requires the APC polyurethane lining. 5. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Will night work be required? r s Answer: Night work will need to be arranged with the City in advance and may E only be required for the shut-offs/connections impacting the development located SE of the existing sewer manhole near Station I0+00. z Base bids upon normal working hours of 7:30 AM to 5:30 PM. of 6. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING l Question: Will permits be required,will the contractor have to pay for them and about Dot how much will they cost? City encroachment permit fee will NOT be waived. The cost is $200. The contractor is also required maintain a current City Business License,$60. Ad(len(lit3ii)_SniiJuaiiCrmkRnad Utilities Fxtensian-Mareh3S20t1 PAOrAt-3 f"E 3' E :7 Addendum No. 1 (March 25,2011) E, City of San Juan Capistrano Sart Juan Creek Road Utilities Extension 7. CLARIFICATION GIVEN AT PRE-BID MEE'T'ING Clarification: The Kinder Morgan (KM) High Pressure 16-inch Aviation Fuel Pipeline is a. major element of this project. It was potholed by city crews in the presence of a KM representative. Any and all excavation shall require advance notice to and communication with KM and their physical presence during excavation. A detail has been provided in the plans together with information on the plan/profile "1 sheet. The KM contact infonnation is included on Drawing C-l as Note 1. No permit for the KM pipeline crossing will be required. g. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Will the City include the sanitary sewer improvement as well with the i>. award of the project? Answer: That decision will be solely up to the Ranch and the City. i- 9. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: What type of backfill for the pipeline trenches will be required? Answer: There is a City Standard Detail W-S that gives this information. There inay be other details that supplement this detail as well. A 10. CLARIFICATION QUESTION ASKED AT.PRE-BID MEE'T'ING Question: Where can a bidder obtain plans and specifications? 3 Answer: The City asset up a special web site and there is a charge to obtain a set of plans and specifications. %V%YY cc3 sta_lblue c oin Cost is$ 31.25 per set. 11. CLARIFICATION GIVEN AT PRE-BID MEETING Clarification: The amount to be used in the Agreement/contract for liquated damages shall be two hundred, fifty dollars($250). i F V; Addvodunil S€€n Juan Crock Rodd Utilities FmAn€sip€t-March 25 2011 PAGE A 1-4 CALIFORNIA, ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT €i. 3 l State of California E County of Orange {A [3 I` fl el3 On 04/01/11 before me, Cynthia J. Valenqia._Notary Public personally appeared Jason Paulus r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc subscribed to =t the within instrument and acknowledged to me that he/she/they executed the sante in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of E E which the person(s)acted, executed the instrument. �E iN �f E� 4 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing;paragraph i is true and correct. WI ' E S my hand and official sea[. E' GYI7NtA J. YAl>PlGIA !3 Ggmmiss[on 7734 27 Notary POI)llc Gca1[tornla x �, 1 x._ _ .. Urcange countyOct i 1 - �y{�43 Signature a - otary€�ubli (Notary Sea[) €y{Y 17 iq iz i l ! i € ,'€ ADDITIONAL OPTIONAL INFORMATION 1i N. DESCRIPTION OF THE ATTACHED DOCUMENT tiF CAPACITY CLAIMED BY THE SIGNER I ;, 'fLil EE Individual �{ Title or description of attached document [ Corporate Officer X /Title President F Number of pages i)aes€nsc€tt l)atc _ ..„_. . Partner [ Attorney-In-Fact =` Trustee F Other t Additional Information E F� . .4r.--mx 6/21/2011 AGENDA REPORT D5 TO: Dave Adams, Interim City Manager FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Award of Construction Contract for San Juan Creek Road Utilities Extension Project (CIP 11202) (Paulus Engineering, Inc.) RECOMMENDATION: By motion, 1) Award the construction contract for the San Juan Creek Road Utilities Extension Project (CIP 11202) to Paulus Engineering, Inc. (PEI) in the amount of $183,745; and, reject all other bids; and, 2) Authorize the City Manager to approve changes in the contract up to 10% of the contract cost. SITUATION: Summary and Recommendation: At their meeting of March 1, 2011, City Council approved the plans and specifications for the San Juan Creek Road Utilities Extension Project (CIP 11202). The scope of work on the project is to extend the water, non-domestic water and sewer lines from the dead-end of San Juan Creek Road to the new Eastern Open Space(formerly Blenhiem Farms). This project award covers the water lines only and the sewer component is not included. The City Clerk released the Notice Inviting Bids on March 4, 2011 and on April 6, 2010, nine bids for the project were opened publicly. The Bid Opening Report and Bid Comparison are included as Attachments 1 and 2 to this report. The low bidder, Paulus Engineering, Inc. (PEI), has been performing large utility projects for the past twenty years. Their public cliental has included many cities and water districts. They have recently completed projects for the Cities of Anaheim and Fullerton, and the Irv.ine Ranch and Coachella Valley Water Districts. PEI has shown a proficiency to complete large projects on time and within budget. References have given positive feedback about their recent work. Staff recommends award of the construction contract for the San Juan Creek Road Utilities Extension Project (CIP 11202) to Paulus Engineering Inc., in the amount of $183,745. Please be aware that a mathematical error was found in their bid proposal, AGENDA REPORT June 21, 2010 Page 2 their bid items totaling $183,745 rather than the $182,745 shown, therefore the difference from the bid opening report and the recommended award. Note that the City is currently negotiating with Rancho Mission Viejo/Santa Margarita Water District (RMV/SMWD) as to the costs for the sewer improvements from Planning Area No. 1 (PA 1), a development. located at the corner of Antonio Parkway and Ortega Highway. The sewer construction cost of $75,000 is not included in this project and it will be negotiated into the agreement for the PA 1 sewer. City Council, at their May 3, 2011, meeting requested additional information be provided regarding the agreement with RMV/SMWD for the sewer portion of this project. Staff will provide sewer related information at a later date. Pending Council approval, work is anticipated to commence in three to four weeks. The contract is to be complete within two months of start of work. COMMISSIONIBOARD REVIEW AND RECOMMENDATIONS: The Utilities Commission received an update on this project at their April 26, 2011, meeting. They made no recommendation, nor commented, on this project. FINANCIAL CONSIDERATIONS. The FY 2010/2011 City budget for the Eastern Open Space (CIP11202) is $575,000. This budget covered the design cost and staff time for the Lemon Grove access road and other utilities operations expenses at the site in addition to the San Juan Creek Road Utility Extension Project. The current balance of $380,037 will. cover the construction costs for this project. NOTIFICATION, J. DeSigio Construction GCI Construction Kana Pipeline Pro-Craft Construction Mike Prlich and Sons Garcia Juarez Atlas United Paulus Engineering Minco Construction AGENDA REPORT June 21, 2010 Page 3 RECOMMENDATION: By motion, 1) Award the construction contract for the San Juan Creek Road Utilities Extension Project (CIP 11202) to Paulus Engineering, Inc. (PEI) in the amount of $183,745; and, reject all other bids; and, 2) Authorize the City Manager to approve changes in the contract up to 10% of the contract cost. Respectfully Submitted, Pr pare�b Nasser Abbaszadeh, P.E. Joankawich Public Works Directorrssociate Engineer Attachments: 1. Bid Opening Report 2. Bid Comparison 3. Construction Contract Bid Opening Report Bids Opened April 6, 2011 _ at 2:00 p.m, Project Title San Juan Creek Road Utilities Extension Project Engineer Joe Mankawich, Assoc. Eng Pre Bid Estimate $662,555 Alternate Bid $446,004 Bidder Bid Amount Bid Bond/Addenda? 1. J. De Sigio Construction $ Qo?", ! s CN-1 �_.............. $ 2. Kana Pipeline,Inc 3. Minako America Corp- dba Minco Const. ` r � (2114. Mike Prlich & Sans, Inc. ` G '• _ i ( 5., Pro-Grafi Construction Inc "i 1 � 00 f. Atlas-Allied, Inc 7. GCI Construction, Inc Paulus Engineering Inc `." j> CQ0U 9. areia Juarez Construction inc G , f Sin 4 , Date cc: City Clerk Staff(3) Project:Department(3) The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. ATTACHMENT 1 San Juan Creek Road Utiti, Item Description Paulus Engineering Pro-Craft Construction J Design Constructio Garcia Juarez Const Quantity Unit Price Total Cost Unit Price Total Cast Unit Price Total Cost Unit Price Total Cost 1 Mobilization,Demobil, Bonds,Insurance Job LS $17,000 LS $2,000 LS $49,300 LS $5,00( 2 Connections to Existing Potable Water Jab LS $6,200 LS $10,000 LS $11,000 LS $3,00( 3 Connections to Existing Recycled Water Job LS $3,500 LS $3,500 LS $3,800 LS $3,00( 4 12-inch and 16-inch Potable Water Pipeline 1,090 LF $56 $61,040 $80 $87,200 $53 $57,770 $85 $92,65( 5 8-inch Recycled Water Pipeline 1,020 LF $44 $44,880 $70 $71,400 $31 $31,620 $81 $82,62( 6 Fire Hydrant Assemblies Job LS $9,725 LS $6,500 LS $8,300 LS $3,00( E 7 1-inch AirfVacuum Valve Assemblies 2 $3,600 $7,200 $3,500 $7,000 $2,700 $5,400 $2,000 $4,000 8 2-inch Blow-off Valve Assemblies 2 $3,300 $6,600 $2,800 $5,600 $2,700 $5,400 $2,000 $4,00( 9 Pavement Repair,Testing,Disinfect,Cleanup Job LS $27,000 LS $2;500 LS $24,0001 LS $2;00( E Subtotal 1 $183,145 $195,700 $196,590 $199,27( E 10 Connection to Existing Manhole ,lob LS $8,000 LS $7,5001 LS $14,200 LS $12,00( 11 12-inch Sanitary Sewer Pipeline 1,040 LF $50 $52,000 $79 $82,160 $146 $151,840[ $200 $208,00( 12 Manholes 3 $5,200 $15,600 $5,500 $16,500 $14,000 $42,000 $3,500 $10,50( Subtotal $75,600 $106,160 $208,040 $230,50( Total(1+2) $258,745 $301,860 $404,630 $429,77( J.C.Heden and Associates,Inc. Apri CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and PAULUS ENGINEERING, 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 Affidavit, the Designation of Sub-Contractors,the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction 2006 Edition, including all Supplements, Contract Bonds,Resolutions adopted by the CITY pertaining to the work,insurance 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 necessary to perform and complete in good and workmanlike manner the construction of_SAN JUAN CREEK ROAD EXTENSION(CIP 11 202 in strict conformity with the Plans, Specifications and all other contract documents prepared by HEDEN AND ASSOCIATES released March 4, 2011, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal in the sum of one hundred eighty-three thousand seven hundred forty-five dollars ($183,745), at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impractical 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, Dive'Hundred Dollars($500)per calendar day for each day delayed;provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. ATTACHMENT 3 FIFTH. PERFORMANCE BOND AND LABOR AND MA'T'ERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract,as required by the laws of the State of California,on forms approved by the 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 fill and complete performance of the contract,guaranteeing the work against faulty workmanship and materials for a period of one(1) year after completion 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 incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California,copies of the prevailing rad to of per diem waggess,as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Cleric, 32400 Paseo Adelanto, San Juan Capistrano, California; and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he,or any SUB-CONTRACTOR under him,shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRAC'T'OR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than Two Million Dollars(: 2,000,000) combined single limit. Insurance certificates shall be for a minimum period of one(I)year. CONTRACTOR shall maintain in frill force and erect comprehensive automobile liability coverage, including owned, hired,and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 'The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any.reason whatsoever, the CITY shall be notified by registered mail,return receipt requested,giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than thirty(30)days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, `Petra 'Tech, its officers, agents,and employees from and against any and all claims,demands,loss or liability of any kind or nature which CONTRACTOR,its officers,agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of,or arising out of,or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVETO PUBLIC CONTRACT'S. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to,the stipulation.that eight (8)hours labor constitute a legal day's work and CONTRACTOR shall,as a penalty to CITY,forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight(8)fours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. dhs.com/employerregistration. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. IN WITNESS WTIEREOF, this contract.is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano DATED: BY: Sam Allevato, Mayor BY: CONTRACT.' , LICENSE NO. AND CLASSIFICATION ATTEST: Maria Morris, City Clerk AROVED AS TO DORM: Omar an ova , i Attorney DID This is EXHIBIT A, consisting of one page, referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents(as defined in Article 4 of the Agreement)to perform the Work as specified or indicated in said Contract Documents entitled: C.I.P. 11202 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates,Payment Bond,Performance Bond,and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number Date 0/ Number Date Number Date Number Date Bidder has familiarized itself with.the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insuredagainst liability for worker's compensation, i or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. v To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit; Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contraot Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: Bidder: `1S �®eJ�"' i�.r it By: (Signature) Title: SAN JUAN CREEK ROAD BID PROPOSAL- 1 a; UTILITIES EXTENSION PROJECT BID FORMS--PAGE 1 FORM U-300 X08U.300Wd.wpd Nov 2001 z,. z" r> Name of Bidder: �� / �� ���J This is EXHIBIT B, consisting of one page, referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR BID SCHEDULE SAN JUAN CREEK ROAD UTILITIES EXTENSION-C.I.P. NO. 11202 In San Juan Capistrano, California Item Description Unit Total No. Quantity.... Price Cost 1. Mobilization, Demobilization, Bonds, Ins. Job LS 2. Connection to Existing Potable Water Job LS 3. Connection to Existing Recycled Water Job LS 4. 12-inch and 16-inch Potable Water Pipeline 1,090 -5-6- _ LF 5. 8-inch Recycled Wafter Pipeline 1,020 f�Ea` LF 6. Fire Hydrant Assemblies Job LS f 7. 1-inch Air/Vacuum Valve Assemblies 2 31 G( EA 7, d 00 8. 2-inch Blow-off Valve Assemblies 2 EA a 9. Pavement Repair, Testing, Disinfection, Clean-up LS 71 TOTAL"BASE BID" PRICE: $ W (Price in words) (Price in words) i ,Alternate/Optional" Bid Items: 10. Connection to Existing Manhole Job LS Q 11. 12-inch Sanitary Sewer Pipeline 1,040 5% - . LF 12. Manholes 3 5;100 EA TOTAL"ALTERNATEIOPTIONAL" BID ITEMS PRICE: $ ' (Price in word6) SAN JUAN CREEK ROAD BID SCHEDULE UTILITIES EXTENSION PROJECT BID FORMS--PAGE 2 FORM U•301 LUMP SUM xOSU�301 Iump.wpd Nov 2007 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perforin Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Subcontractor's License Work to be Performed Number Subcontractor's Name & Address 4 ra 6 7 8 SAN JUAN CREEK ROAD LIST OF SUBCONTRACTORS UTILITIES EXTENSION PROJECT BID FORMS-PAGE 4 FORM U•430 IOU-430subs.wpd Aug 2001 HON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH RID State of California ) ss. County of 1, S being first duly sworn, deposes and says that he or 440 is r of 4414W /,4)6 the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the 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 anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, . or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her 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 to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. r Bidder By /g Title Organization e�� �,t�» Address LO SAN JUAN CREEK ROAD NON-COLLUSION AFFIDAVIT- 'I UTILITIES EXTENSION PROJECT BID FORMS-PAGE 5 FORM U•480 TTU•480col.wpd Aug 2001 s` CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange On 04/04/11 before me, Cynthia J. Valencia Notary Public personally appeared Jason Paulus x who proved. to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of 4 which the person(s) acted,executed the instrument. 6 1 certify under PINNAL.'fY OF PERJURY under the laws of the State of California that the foregoing paragraph E is true and correct. W41T ,, ' my hand nd official seal, CYNTHIA J. 'VALENCIA s -- _ COMmission # 1773427 ____ w Noterty Public -Ca€itornira tary Pt€b€' (Notary Seal) COMM. 0ione County es O 1 S,2011 ?E� li li ADDITIONAL OPTIONAL INFORMATION 3 DESCRIPTION OI<THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER l Non-Cn€€usiatt Aft' 'rifle or dcscription of attached document Individual Corporate Officer x /Title President NumE�c;rofl�ages DocumentE]ate Partner —_ Attor2tey-hl-Fact Trustee Other i� Additional Information Y BIDDER'S GENERAL INFORMATION The Bidder shall furnish the fallowing information. Failure to complete all items will cause the Bid to be non-responsive and may cause its rejection, 1. 86DERfCONTRACTOR'S Name and Street Address: 2. CONT'RACTOR'S Telephone Number, Facsimile Number: E-mail address + 1 CONTRACTOR'S License: Primary Classification State License Number(s) Supplemental License Classifications 4. Surety Company andent who will provide the required Bonds on this Contract: Name of Surety__._ 8 e- Address.__1AJ Surety Company Agent a d' 0,%/ -77 Telephone Numbers: Agent 6 Surely( )_ �. 77 5. Type of Firm (Individual Partnership or Corporation): 6. Corporation organized under the laws of the State of: _ 7. List the names and addresses of the principal members of the firm or names and titles of the princi I officers of the corporation or firm: S Q(A SAN JUAN CREEK ROAD BIDDER'S GENERAL INFORMATION UTILITIES EXTENSION PROJECT CSI❑ FORMS - PAGE 7 FORM U-420 x 3 JifA MMO.wpd NOV 2001 F 32400 PA4f50 AVELANTO SAR AM CSP . SATSAMALLAVRA FRC-ESEO w w�4aIdu..aartipf tniife org 177 s WM 210EN Uspw NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, June 21, 2011, in the City Council Chamber in City Hall, to consider: "Consideration of Award of Construction Contract for San Juan Creek Road Utilities Extension Project (CIP 11202) (Paulus Engineering, Inc.)" — Item No. D5. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, June 20, 2011, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanmua,ncapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cit,, c�a sanjuancapistrano.org. Maria Morris, CIVIC City Clerk cc: J. DeSigio Construction; Kana Pipeline; Mike Prlich and Sons; Atlas United; Minco Construction; GCI Construction; Pro-Craft Construction; Garcia Juarez, Paulus Engineering 6/21/2011 Christy JAI From: R©SERT SCHRANK D5 Sent: Thursday, June 16, 2011 8:16 AM To: City Clerk Scanstation Subject: SEWER LINE This is to the city council to not exten the sewer line on san juan seek rd. to the benift of the ranch.Who is going to pay for the enlargment of our sewer dant when they come on stream? Where is the money coming from to pay for the the restrooms to the sport park? c y 1 6/2112€ 11 Chris JAI D5 From: KimRussMc( Sent; Thursday, June 16, 2011 9:13 AM To. City Clerk Scanstation Subject, Kim McCarthy--Item D-51 June 20, 2011 Item D-5 on the City Council Agenda for Tuesday June 20. Mayor Allevato and Councilmembers, Per item D-5 on the City Council Agenda for Tuesday June 20th: As a tax paying constituent I am writing to tell you AGAIN that it would be irresponsible for you to spend our tax dollars making improvements to the RMV Open Space! The City is in debt and the basic infrastructure and public safety of residents is being ignored in lieu of ridiculous expenditures such as D-5 that do not benefit its residents yet use the residents as a revenue source to benefit wealthy land owners out of our town, Take care of your constituents and focus on our sewers, code enforcement, public safety---all things that benefit us which is what our taxes were meant for. DO NOT APPROVE item D-5, Kim McCarthy Citizen and tax-payer of SJC >; M i 6121/2011 Chris Jakl D5 From: Jo Cachia Sent: Thursday, June 16, 2011 12:31 PM To: City Clerk Scanstation Subject: Stop spending We are objecting to the cost of any new sewers before the existing infrastructure is fixed and we have paid off the deficit in the Utility Enterprise. No new water increase, no new sewers and pay off the debts and deficits. stop the spending. Jo Cachia cam. C- M -� Cn 6/21/2011 Christy Jakl D5 From: Cathryn wade Sent: Thursday, June 16, 2011 10:03 AM To. City Clerk Scanstation Subject: RMV Riding Park to: San Juan City Council c/o City Clerk It has come to my attention that our San Juan. City Council is considering spending MORE $$ on the RMV Riding Park to connect sewer lines. It seems that IF we have the $$,we should spend $$ to repair other sewer lines affecting residents in San Juan that are in desperate need of repair. ...and our water rates are potentially going to be raised again?! Do you all think this is Monopoly money we are spending?! Please begin to change the pattern of spending in SJC NOW by starting with a decision NOT to fund a sewer line for RMV Riding Park. thank you! Blessings, ('a�hr~s'rc it�a��e (Cathryn cell) home) "Be joytul always; pray continually; give thanks in all circumstances, for this is God's will for you in Christ Jesus." lThessalonians 5:16- 18 _ . FYI ... ': 6/2112011 Maria Morris From: Kim Lefner Sent: Thursday, June 16, 2011 11:54 PM D5 To: City Clerk Scanstation Cc: Brittany Levine; Jenna Chandler Subject: Item D-5 - utilities extension onto RMV Riding Park and to the Ranch Attachments: cc- utilities extension memo.pdf Hi Maria- Please forward the following email to the City Council members. Thank you, Kim Lefner Dear Mayor Allevato & Council members Freese, Kramer, Reeve and Taylor: In regards to item D-5 on the upcoming City Council meeting agenda, I urge you to vote no on extending the utilities onto the Rancho Mission Viejo (RMV) Riding Park property at this time. There are several problems with this recommendation. First, as you know, our city sewer system is aging and in need of repair however, there appears to be no budget for repairs or maintenance. Given the announcement that our utilities budget is more than $8 million in the red, repairs are not likely to take place any time soon. Second, the proposed extension of utilities onto the RMV Riding Park property will connect to the Rancho Mission Viejo Co's "planned community" Le; the new city being built on our Eastern border, across from the RMV Riding Park. During the May 3 City Council meeting, several concerned citizens asked why we are helping the Manch to destroy our quality of life. They pointed out how development of a new city with 14,600 homes and 5 million square feet of retail/commercial will severely impact small town San Juan and will draw business revenue away from us while sticking us with the traffic their new city will create. They expressed concern with the recommendation to place undue strain on our aging infrastructure by connecting it to the Ranch's new city. Our water bilis are already outrageously high and due to increase every year for the next 5 years. SJC citizens also pointed out that the Ranch has not signed an agreement to pay for any portion of this waterlsewer extension to connect to their planned development. Your constituents told you that they believe you as our council should be looking out for their interests, not the Ranch's. They stated that you as our representatives should take care of our OWN infrastructure before spending any money to extend services to property on the outer limits of our city, much less to the Ranch's planned community. In answer to the questions from the community, you wisely directed staff on May 3 to at the very least, obtain a signed agreement from the Ranch stating what they will pay towards the extension of utilities. However, according to the staff report they have not done so. The agenda item for Tuesday states that staff is still "negotiating"with the Ranch and no agreement has been signed. So nothing has changed, except that we now know that our utilities department is even deeper in debt than we previously recognized. As a result, I ask that you not spend any money to extend utilities onto this property until our own infrastructure is properly fixed, maintained and our utilities budget is back in the black. And I ask that you not extend any utilities to the Ranch's planned development. i By the way; the$183,000 initial cost mentioned in the staff report is just the beginning. Staff still has not come up with a total cost for this proposed utilities extension. To move forward without knowing the total cost is irresponsible at best. To extend non-essential utilities when our infrastructure is in need of repair and we are in debt is beyond irresponsible. This type of thinking perhaps explains why we are in such tremendous debt. I urge you to look out for your constituents and vote no on extending utilities at this time. Thank you, Kim Lefner 5JC resident Z 6/21/2011 Maria Morris From: Clint Worthington - D5 Sent: Friday, June 17, 2011 1:42 PM To: Maria Morris Subject: City Council Item D-5 Dear City Council Members, I urge you to vote no on Item D-5 for extending the utilites onto the RMV Riding Park. The City is unable to keep up with problems with the current customers using the water and sewer. With a 8.2 million dollar deficit, we cannot afford to spend one penny for new water hookups when we cannot take care of the water and sewer lines that we have. Please remember that the RMV Riding Park also benefits from the use of the 300 gpm taxpayer owned well on the property. Thank you. Clint Worthington 1 6/21/2011 Maria Morris e From: kirbside _. ®5 Sent: Saturday, June 18; 20112:39 PM To: City Clerk Scanstation Subject; Agenda Item D5- Utilities Extension I oppose any money's desigated to add utilities to the La Pata/Antonio RMV Riding Park. Living in San Juan Cap for 28 years off the Ortega Hwy has been such a great part of my life-like looking at the trees on Ortega's country style road. Progress has tinned the road into a dangerous Hwy with the expansion of La Pata/Antonio widening and the "rubber band" two lane road at the Hunt Club. I shudder to think the accidents that are going to happen at the narrowing. I'm not opposed to progress..but if the Rancho Mission Viejo Co has the Raids to build, jet them take care the utilities at the Riding Park. Respectively rn c 7117 .70 r CD 6/21/2011 Maria Morris From: Lee Garig , D5 Sent: Saturday, June 18, 2011 11:31 AM To: City Clerk Scanstation Subject: Agenda Dear San Juan Capistrano City Council, Thank you for emailing your notice about this city meeting. We would like to attend however we will be out of town this next week. We believe that it is disgusting and despicable how this private company thinks it can coerce this city and everybody in it to take care of their responsibilities while we do without upgrading something that to us should be considered a basic need for running San Juan Capistrano. I say NO! It is their facility which will not even be used my most people in San Juan Capistrano anyway. How many people in San Juan Capistrano own horses? Darned few! Most people can't afford them. So what makes them think we can afford to supply them with a sewage system for a facility that will only benefit the rich and privileged few? If a private company can come up with the money to build another equestrian facility, they need to be responsible for their own projects and supply their own sewage system. This facility will not be there to benefit the city of San Juan Capistrano. If anything it will only benefit a few private citizens who are enjoying what is an expensive past time. It is not that we don't like horses or that we don't like people who care and ride for them. But with San Juan Capistrano in need of municipal upgrades and without the funds to secure them, expecting us the taxpayers to cover their expenses is unfair, unjust and unjustifiable. Thank you for your time. Sincerely, Lee Garig-Meyer Resident, San Juan Capistrano 'T =Ha. 6/2112011 Maria Morris From, William Detmer- _ D5 Sent: Saturday, June 18, 2011 10:10 PM To: City Clerk Scanstation Cc: William Detmer Subject: Agenda ]tern D5 - Utilities Extension We are absolutely'apposed to this extension to property outside our city limits, for a private company. I would like to know who proposed this extension? Why would you even consider such a proposal in the first place? We will be at the meeting to monitor the council's attempt to use city funds for a company outside the city limits. William betmer Phyllis Detmer San ,Juan Capistrano. r I . cn c s Maria Morris 6/21/2011 am From: Donald Walz DO Sent: Monday, June 20, 2011 1:57 PM To. City Cleric Scanstation Subject: Sewer repair We oppose any extension of any utilitieas into the mV park. Pis spend this money on repairing city sewers which are in bad shape. Joan and Don Walz SJC 6/21/2011 Maria Morris ro From: Do . Sent: Tuesday, June 21, 2011 9:01 AM To: Maria Morris; Sam Allevato; Laura Freese; Derek Reeve; Larry Kramer; John Taylor Subject: object to RMV sewer expense Agenda item D-5 Please add my name to the list of those that object to throwing away our taxpayer dollars on the Riding Park's extension of utilities on our dime. This is a ridiculous waste of money in order to support big development. Support your residents, not the Ranch! Lennie DeCaro od . 5/3/2011 AGENDA REPORT" ® 14 TO: Dave Adams, Interim City Manager FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Award of Construction Contract for San Juan Creek Road Utilities Extension Project (CIP 11202) (Paulus Engineering, Inc.) RECOMMENDATION: By motion, 1) Award the construction contract for the San Juan Creek Road Utilities Extension Project (CIP 11202) to Paulus Engineering, Inc. (PEI) in the amount of $258,745; and, reject all other bids; and, 2) Authorize the City Manager to approve changes in the contract up to 10% of the contract cost. SITUATION: Summary and Recommendation: At their meeting of March 1, 2011, City Council approved the plans and specifications for the San Juan Creek Road Utilities Extension Project (CIP 11202). The scope of work on the project is to extend the water, non-domestic water and sewer lines from the dead-end of San Juan Creek Road to the new Eastern Open Space (formerly Blenhiem Farms). The City Clerk released the Notice Inviting Bids on March 4, 2011 and on April 6, 2010, nine bids for the project were opened publicly. The Bid Opening Report: and Bid Comparison are included as Attachments 1 and 2 to this report. The low bidder, Paulus Engineering, Inc. (PEI), has been performing large utility projects for the past twenty years. Their public cliental has included many cities and water districts. They have recently completed projects for the Cities of Anaheim and Fullerton, and the Irvine Ranch and Coachella Valley Water Districts. PEI has shown a proficiency to complete large projects on time and within budget. References have given positive feedback about their recent work. Staff recommends award of the construction contract for the San Juan Creek Road Utilities Extension Project (CIP 19202) to Paulus Engineering Inc., in the amount of $258,745. Please be aware that a mathematical error was found in their bid proposal, AGENDA REPORT May 3, 2010 Page 2 their bid items totaling $258,745 rather than the $257,745 shoWn., therefore the difference from the bid opening report and the recommended award. Note that the City is currently negotiating with 'Rancho Mission Viejo/Santa Margarita Water District as to the coasts for`the sewer improvements from Planning Area No. 1 (PA 1`), a development located at the corner of Antonio Parkway. and O.rtega Highway. The sewer included in the Utility Extension would provide'a portion required for the PA 1 sewer improvement. All or a part of the cost may be determined to be the Ranch's responsibility. For this reason the sewer portion of the work on the Sart Juan Creek Road Utilities Extension Project was bid ,as an alternate.. In. order that. construction impacts be minimized on the residents abutting the project staff requests that',the sewer be 'included at this time. The $75,000 cost for the sewer work will be negotiated into the agreement for the PA 1 sewer. Pending Council approval, work is anticipated to.commence in three to fourweeks. The contractor is to be complete within two months. of start of work, although it.is :likely:that the project will remove more:quickl}r: COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Utilities Commission received an update on this project at their April 26, 2011, meeting. They made no recommendation, nor comment on this project. FINANCIAL CONSIDERATIONS: The FY 2010 City budget for the Eastern Open Space (CIP11202) is $575,000. This budget covered the design cost and staff time for the Lemon Grove access road and other utilities operations expenses at the site in addition to the San Juan Creek Road Utility Extension Project. The current balance of $380,037 will cover the construction costs for this project. NOTIFICATION: J. DeSigio Construction GCI Construction Kana Pipeline Pro-Craft Construction Mike Prlich and Sons Garcia Juarez Atlas United Paulus Engineering Minco Construction AGENDA REPORT May 3, 2010 Page 3 RECOMMENDATION: By motion, 1) Award the construction contract for the San Juan Creek Road Utilities Extension Project (CIP 11202) to Paulus Engineering, Inc. (PEI) in the amount of $258,745, and, reject all other bids; and, 2) Authorize the City Manager to approve changes in the contract up to 10% of the contract cost. Respectfully Submitted,-- P�re-pa.r d by, Nasser Abbaszadeh Joe Mankawich Public Works DirectorAssociate Engineer Attachments: 1. Bid Opening Report 2. Bid Comparison 3. Construction Contract Bid Opening Report Bids Opened April 6, 2011 at 2:00 p.m. Project Title San Juan Creek Road Utilities Extension Project Engineer Joe Mankawich, Assoc. Eng Pre Bid Estimate $662,555 Alternate Bid $446,000 Bidder Bid Amount Bid BondlAddenda? 0 J. De Sigio Construction e 19QEI 2. Kana Pipeline, Inc_...... $ Minako Arnehca.Corp. dba Minco Const. 3. ... ........ J4. cin $ 4. Mike Prlich & Sons, Inc. LAD oe - Pro-Craft Construction Inc N0, $ 6. Atlas-Allied, Inc .................... $ 7. GCI Construction, Inc Paulus Engineering Inc f'?S-, W c) 3. Garcia Juarez Coristruction Inc Sign Date cc: City Clerk Staff(3) Project Department(3) The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. ATTACHMENT1 San Juan Creek Road Utilil Item Description Paulus Engineering Pro-Craft Construction J Design Constructio Garcia Juarez Const Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization,Demobil, Bonds,insurance Job LS $17,000 LS $2,000 LS $49,300 LS $5,00( 2 Connections to Existing Potable Water Job LS $6,200 LS $10,000 LS $11,000 LS $3,00( 3 Connections to Existing Recycled Water Job LS $3,500 LS $3,500 LS $3,800 LS $3,00€ 4 12-inch and 16-inch Potable Water Pipetine 1,090 LF $56 $61,040 $80 $87,200 $53 $57,770 $85 $92,65( 5 8-inch Recycled Water Pipeline 1,020 LF $44 $44,880 $70 $71,400 $31 $31,620i! $81 $82,62( 6 Fire Hydrant Assemblies Job LS $9,725 LS $6,500 LS $8,300LS $3,00( 7 1-inch Air/Vacuum Valve Assemblies 2 $3,600 $7,200 $3,500 $7,000 $2,700 $5,400 $2,000 $4,00( 8 2-inch Blow-off Valve Assemblies 2 $3,300 $6,600 $2,800 $5,600 $2,700 $5,400 $2,000 $4,00( 9 Pavement Repair,Testing,Disinfect,Cleanup Job LS $27,000 LS $2,500 LS $24,000 LS $2;00( Subtotal 1183145 _- $'195,700 $196 590 $199,27 10 Connection to Existing Manhole Job LS $8,000 LS $7,500 LS $14,200 LS $12,00( 11 12-inch Sanitary Sewer Pipeline 1,040 LF $50 $52,0001 $79 $82,160 $146 $151.840 $200 $208,00( i ! 12 Manholes 3 $5,200 $15,6001 $5,500 $16,5001 $14,000 $42,000 $3,500 $10,50( Subtotal $75,6001 $106,160 $208,040 $230,50( i Total(1+2) $258,745; $301,860 $404,630 $429,77( J.C.Heden and Associates,Inc. Apr CONTRACT, This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTR.ANO, hereinafter referred to as "CITY" and PAULUS ENGINEERING, 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 Affidavit,the Designation of Sub-Contractors,the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction.,..2006 Edition, including all Supplements, Contract Bonds,Resolutions adopted by the CITY pertaining to the work,insurance 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 necessary to perform and complete in good and workmanlike manner the construction of SAN JUAN CREEK ROAD EXTENSION(CIP 11202)in strict conformity with the Plans, Specifications and all other contract documents prepared by HEDEN AND ASSOCIATES released March 4, 2011, which documents are on file at the Office of the City Clerk, City Hall, 32400 Pasco Adelanto, San-Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal in the sum of two hundred fifty-eight thousand seven hundred forty-five dollars ($258,745), at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impractical 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, Five Hundred Dollars($500)per calendar day for each day delayed;provided that extensions of time with waiver of liquidated damages, may be granted as provided in.the Specifications. '� AaTT CHMENT 3 FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%)of the amount of this contract and shall be conditioned on full and complete performance of the contract,guaranteeing the work against faulty workmanship and materials for a period of one(1) year after completion 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 incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California,copies of the prevailing rate of per diem wages,as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB-CONTRACTOR under him,shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured,which such policies shall be of an amount not less than Two Million Dollars ($2,000,000) combined single limit. Insurance certificates shall be for a minimum period of one(1)year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual 2 period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever,the CITY shall be notified by registered mail,return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than thirty(30)days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, Tetra Tech, its officers, agents,and employees from and against any and all claims,demands,loss or liability of any kind or nature which CONTRACTOR,its officers,agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of,or arising out of,or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include,but are not limited to,the stipulation that eight (8)hours labor constitute a legal day's work and CONTRAC'T'OR shall,as a penalty to CITY,forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight(8)hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. If CONTRACTOR is not already enrolled in the U.S.Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis- 3 dlhs.corn/employerregistratii,__. Consultant shall certify its registration ,,,ih E-Verify and provide its _registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until fill compliance is demonstrated. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano DATED: BY: Sam Allevato, Mayor BY: CONTRACTOR, LICENSE NO. AND CLASSIFICATION ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney 4 BID This is EXHIBIT A, consisting of one page, referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR BILI TO- CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with the City in the form included in the Contract Documents(as defined in Article 4 of the Agreement)to perform the Work as specified or indicated in said Contract Documents entitled: C.I.P. 11202 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond,Performance Bond,and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number Date ....... --- Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1864, et seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be a insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work v required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to r' accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: 7 "'. Bidder: ,)s CA3 wa ldhj �. By: (Signature) Title: SAN JUAN CREEK ROAD BID PROPOSAL- 'I UTILITIES EXTENSION PROJECT BID FORMS—PAGE 1 FORM U•300 X08U-300b1d.wpd Nov 2001 Name of Bidder:?AIIAWV� 161" p J This is EXHIBIT B, consisting of one page, referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR DID SCHEDULE SAN JUAN CREEK ROAD UTILITIES EXTENSION-C.I.P. NO. 11202 In San Juan Capistrano, California Item Description Unit Total No. Quantity Price Cost 1. Mobilization, Demobilization, Bonds, Ins. Job LS 147®&P 2. Connection to Existing Potable Water Job LS ® " 3. Connection to Existing Recycled Water Job LS 6.� 4. 12-inch and 16-inch Potable Water Pipeline 1,090 fir, u G LF � F 5. 8-inch Recycled Water Pipeline 1,020 'ars` LF 6. Fire Hydrant Assemblies Job LS 7. 1-inch Air/Vacuum Valve Assemblies 2 d(g -SEA 8. 2-inch Blow-off Valve Assemblies 2 EA 6, oo 9. Pavement Repair, Testing, Disinfection, Clean-up LS 7, d_Lx" TOTAL,"RASE BID" PRICE: $_j5�1� (Price in words) (Price in words) "AlternatelOnflonal" Bid Items: 10. Connection to Existing Manhole Job LS 11. 12-inch Sanitary Sewer Pipeline 1,040 =' LF 12. Manholes 3 5,100 0 EA TOTAL"ALTERNATEIOPTIONAL" BID ITEMS PRICE: $ ' (c �i (Price in words) SAN JUAN CREEK ROAD BID SCHEDULE UTILITIES EXTENSION PROJECT BID FORMS—PAGE 2 FOAM U•301 WMP SUM x09U•301 lump,wpd Nov 2001 INFORMATION REQUIRED OF BIDDER .IST OF SUBCONTRACTORS As required under Section 4900, et seq., of the Public Contract Code, the Bidder shall fist below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as nonresponsive and may cause its rejection. Subcontractor's License Work to be Performed Number Subcontractor's Name & Address 3 5 6 7 8 SAN JUAN CREEK ROAD LIST OF SUBCONTRACTORS UTILITIES EXTENSION PROJECT BID FORMS- PAGE 4 FORM U-430 10V•430subs.wpd Aug 2001 a- �f a: S+i NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. Countyof. 6k2AgJG ' ) !, JAnr-) PAQ1.6.0 Sbeing first duly sworn, deposes and says that he or is w eo r of 1egW LOS 6406twe 4l.-J6 AV( the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the 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 anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly., submitted his or her 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 to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. Bidder [ By Title Organization 6M '4- Address &e"Ak2 Q (,A- x SAN JUAN CREEK ROAD NON-COLLUSION AFFIDAVIT- 1 UTILITIES EXTENSION PROJECT BID FORMS -PAGE 5 FORM U-480 tiU4S0aol.wpd Aug 2001 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange -- On_ 04/04/11 before me, C nfhia J. Valencia Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 3 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 3 WITmy hand d official seal. CYNTNIA J. VALENCIA COMMIsslon # i 773427 a ® Notary public •Ca4itdrrtica orange County5ig Hatof [ ry i; (Notary Seal) Com,Ex es OCI i 8.2011 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER 1' _Noir-Collision Alf_ Individual a C�f,e or c[ewription of attached document I' Corporate Officer X /7"itle President Number of pales Doeument Date._ _ Partner Attorney-In-Fact s - Trustee E Other Additional Information x a[ I 'i z_ BIDDER'S GENERAL_INFORMATION The Bidder shall furnish the following information. f=ailure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDERfCONTRACTOR'S Name and Street Address: 2. CONTRACTOR'S Telephone Number: ( Facsimile Number: E-mail address t 3. CONTRACTOR'S License: Primary Classification --- State License Number(s) Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety is&d _ Address_ A Surety Company Agent Ag'& '2'r U 1 T Telephone Numbers: Agent("71 ) 3 6 Surety( } 9 b, Type of Firm (Individual, Partnership or Corporation):. 6. Corporation organized under the laws of the State of: 7. List the names and addresses of the principal members of the firm or names and titles of the princi I officers of the corporation or firm: (AES SAN JUAN CREEK ROAD 81DOWS GENERAL INFORMATION UTILITIES EXTENSION PROJE=CT BID FORMS - PAGE 7 FORM U-420 XQU-420.nfo—od Nam 2601 1 BIDDER'S GENERAL INFORMATION (Continued) a. Number of years experience as a contractor in this specific type of construction work: 9. List at least three related projects of comparable size and complexity completed to data. Is Owner Address Contact Class of work Phone (_ ) C own 6&) Dunt Project(�._}-� Date completed 2. Owner Address. Contact Class of work Phone ( ) Contract amount Project( ) Date completed 3. Owner Address Contact Class of work --- Phone ( ) Contract amount,,.. SAN JUAN CREEK ROAD BIDDER'S GENERAL INFORMATION UTILITIES EXTENSION PROJECT BID FORMS . PAGE 8 FORM U-420 Riau-aaacnro wua 140V 2001 Project(_ ) Date completed 10. List the name and title of the person who will supervise full-time the proposed work for your firm: 11. IS full-time supervisor an employee contract services _ .? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. SAN JUAN CREEK ROAD BIDDER'S GENERAL INFORMATION UTILITIES EXTENSION PROJECT BID FORMS - PAGE 9 FOAM U-420 at3U.1207n1o.wp� Nov 2001 maim City of Anaheim Citywide Sanitary Sewer Improvements Anaheim Install Seger Line• S • 367,918.00 Apr-D9 Psomas 200 S.Anaheim Blvd. 18"Up to 20'Deep 3187 Red Hill Ave Anaheim,CA 92805 Costa Mesa,CA 92626 (714)765.5059 v (714)765.4409 f Coachella Valley Water Cast Monne Street Trunk Sewer Coachella Install Over a Mile S 776,328.00 Feb-09 MSA Consulting Inc 85-95 Ave.52 of 12"Sewer Line 34200 Bob Hope Lar Coachella,CA 92nS Rancho Mirage,CA 92270 Jorge Meza (760)391-96:$7 City of Fullerton Sewer Rep!Pro(.2007-08 Fullerton Install 18"Sir up $ 1,100,218.00 Dec-08 DMJM Harris 303 W.Corrurionwealth Ave. To 24'Deep 999 Town&Country Rd Fullerton,CA 92832 Orange,CA 92868 Erie Villagracia (714)738.6853 v (714)738-3915 f Ervine Ranch Water District Bayview Sewage Lift Station Newport Beach Bypass and Replace $ 429,000.00 May-09 URS 15600 Sand Canyon Ave. Main Lift Station 2020 E 1st St Irvine,CA 92618 Pumps&Vaults Santa Ana,CA 92705 Anita Arant (714)453-5300 Ventura County Waterworks 21'Arroyo Simi Trunk Sewer Ventura Install 21'PVC S 360.000.00 Jul-08 Perrnfield&Srrrith 67077 Spring Road Sewar Line wf Bore 1322 Del Norte Rd Moorpark,Ca.93020 Under Railroad Tracks Camarillo,CA 93013} Cefe Munoz (805)378-3020 (805)529-7542 s... .." .._. . ,,, ,. �: BOND# 7-B PREMIUM; NIL BID BOND KNOW ALL MEN BY TH"ESE PRESENTS, That - PAULUS ENGINEERING, INC. as Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY as surety, are held and firmly bound unto The City of San Juan Capistrano, hereinafter called the "Owner"In the sum of TEN PERCENT OF AMOUNT AID dollars (not less than 10 percent of the total amount of the laid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successor$, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said Owner to perform the Work required under the Bid Schedule(s)of the Owner's Contract documents entitled., SAN JUAN CREEK UTILITIES EXTENSION" CIP NO. 11202 NOW THEREFORE, 9 said Principal is awarded a Contract by said Owner, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement an the Form of Agreement hound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. in the event suit is brought upon this Bond by said Owner, and Owner prevails, said Surety shall pay all costs incurred by said Owner In such suit, including a reasonable attorney's'Fee to be fixed by the court. SIGNED ANIS SEALED, this 25TH day of MARCH 2011 PAULUS ENGINE 9 ING, INC. (SEAL) (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) BY: (SEAL) E (SEAL) (SEAL.) SAN JUAN CREEK ROAD BID BOND(BICE SECURITY FORM) UTILITIES.EXTENSION PROjECT FOFW U410 BIDFORMS-PAGE 6 x12U-410bPhd,wpd Nov 7.081 (f rincipal) NORTH AMERICAri SPECIALTY INSURANCE COMPANY (Surety) BY: (Signature) RICHARD A. COON, ATTORNEY-IN--FACT ) SAN JUAN CREEK ROA® BID BONA BID SECURITY font) UTILITIES EXTENSION PROJECT FaR tva10 BID FORMS -PAGE 6 x4xG-09ghand.wpd Nov tool CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange _ } On_ 3/25/11 be€ore nye, Lexie Sherwood. NoEar�r Public [Date� Ncre Inser!Narne and Titfo of the Otficrr personally appeared Richard A. Coon Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), LEXIE SHERWOOD and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) COMM.#1856389 NOTARY Duet tc®oaclrOt7ralA acted,executed the instrument. ORANGE COUNTY =.s-3 comm.exp.JULY 27,2013 I certify under PENALTY OF PERJURY under the laws of r the State of California that the foregoing paragraph is true and correct. Witness my hand and official se 1. Signature r Place Notary Seal Above $ignalur o ry Pub c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached (Document Title or Type of Document: Document Date: _ Number of Pages:_ Signer(s) Other Than Named Above:_- Capacity(ies)Claimed by Signer(s) Signer's Name:__ Signer's Name: ❑ Individual ❑ Individual ❑ Corporate O€ficer—Title(s):_____- El Corporate Officer Title(s): ❑ Partner---❑Limited❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact - � ❑ Attorney in Fact �tf - ❑ Trustee ° ❑ Trustee " ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other:_ ❑ Other, Signer Is Representing: Signer Is Representing: �P 2007 National Notary Associatfon•9350 rte Solo Am,P.O.Box 2402•Chatsworth,CA 91313-2402•vjvvw,NalioRaMtary.org Item ff5907 Reurder:Call Tall-Free 1.800-876-6827 ............ ......._ _.. ..,........................... .......... � 1 NAS SURETY GROUP { NORTH AMERICAN SPECIALTY INSURANCE:?COMPANY WASHINGTON INTERNATIONAL,INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL,MEN"BY"THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Harnpshlre,and having its principal office in the City of Manchester,New Hampshire,and Washington International � Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and Staving its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: DAVID L.CULBERTSON,CHARLES L.FLAKE,RICHARD A.COONS� t mid LEXIE SHERWOOD — f JOINTLY OIs<SEVERALLY � Its true and lawful Attorneys)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,oil contracts of suretyship as are or may be required or permitted by { law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION($25,000,000.00}DOLLARS This Power of Attorney is granted and is signed by facsimile tinder and by the authority of the following Resolutions adopted by the Boards of; Directors of both North American Specialty Insurance Company and Washington International Insurance Company at.meetings duly called and held oil the 24a'of March,2000. "RESOLVES},that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice I'msident, Elie Secretary or arty Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named E in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each orally of them l hereby is authorized to attest to the execution of arty such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facshi le signatures or facsimile seal shall he { binding upon the Company when so affixed and in the f6ture with regard to any bond,undertaking or contract of surety to which it is attached." cunni i "�'titraJWtys�iy,� �p�tQq i toe rnternal[onak Enyurance Campuny SEAL. SEAL + ffi Steven F.Anderson,Prasrdanr&Chief Executive Officer of WashraS ' Fps rye i tE7$ �. ,pefp &Su�br Via ftesidtat or Herd,Amman Specialty insunuce Coospany H'urmriinnct+n�"o I3y .�..i Ravld M.r.rymoa,Senior Wca prwstden eP Wash€nQtan werumdonal tnsurauct Conway OWN - &Vlca Pmldearof tlortir Anndme Speeiatty rnsurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington Intel rational Insurance Company have caused their official seats to he hereunto affixed,and these presents to be signed by their authorized officers this 16th day of August 2010. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook On this'16th day of August =20 IO,before me,a Notary Public personally appeared,_Steven P.Anderson__,President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Lmmmi Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged(bat they signed the above Power of Attorney as officers of and acknowledged said instrumetit to be the voluntary act and deed of their resnective companies. f "O17f<'[C1 , 1r1P1 t{y�t/Jla d(! r,Q NS3TA DD:SIrLENs u Wntnty£hWC,Slatedit 615 Donna D.Sle[ens,Notary Public y(:mntntssloa lretltlrlffi�1tl, 1, Jame§A Carp0tgr , the duly electcd Assistant.Socretaty of North American Specialty Insurance Company grid Washington International Insurance Company,do hereby ccrtlfy that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and axed the seals of the Companies this2sth day of Marchi_,20 ,20 11. . James A.Carpenter,Vfan Asesldant&Assistant Secretary oT Wash7ngton rnts�na6enil taturanec Cnmpxny t; ' - Na[rfrAmeriranSpeciauyrnsurenceCampany V CALIFORNIA ALL-PURPOSE y CERTIFICATE OF ACKNOWLEDGEMENT ^� µ a State of California a�f County of Orange :! �Y a Oil 03/25/11 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to s1 the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized R, capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of ' which the person(s) acted, executed the instrument. E z I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN my hand and official seal. CYNTHIA J. VALENCIA m Commission # 1773427 N Notary Pubttc California � orange Comm. Oct 15,2011 signatur of ary Public (No(ary seal) I:# f�. ADDITIONAL OPTIONAL INFORMATION s DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THF,SIGNER ledescription 13id[3and _ o -or descripdescriptionof attacltecl dart€ntectt Individual r Corporate Officer x /Title President Number of pages_ Document DatePartner_ Attorney-In-fact_ _.._--- -------_�__ Trustee i Other Additional In rormation i ADDENDUM NO. 1 TO THE SPECIFICATIONS AND BID FORMS FOR THE CONSTRUCTION OF THE SAN JUAN CREEK ROAD UTILITIES EXTENSION CII' 11202 March 25, 2011 To: All Plan Holders From: The City of San Juan Capistrano and J. C. Heden and Associates, Inc. Notice is hereby given to prospective bidders that the following changes,additions, and/or deletions are hereby made a part of the Plans and specifications to furnish,deliver,and install the San Juan Creels Road Utilities Extension project as fully and completely as if the same were fully sett forth therein. This Addendum No. I shall form a part of the Contract Documents and take precedence of the original Contract Documents. Bidders shall acknowledge receipt of this Addendum No. I by signing page Al-2 and emailing a copy of page Al-2 to the City of San Juan Capistrano, Mr. Joe Manka.wich, nanlcaruicl (catsauancapistrttna.org and Mr. Jeff Heden,j_efichtle ..eo�� ,beth by 4:00 PM Wednesday March 30,2011. In addition,this Page Al-2 shall be included in the Contractor's bidding document package. DATED: March 25,2011 By: Joe Mankawich Associate Engineer City of San Juan Capistrano PAGE AM Addendum No. 1 (March 25,2Q 11) City of San Juan Capistrano San Juan Creek Road Utilities Extension THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages A I-I through A l-4. Date Received by Bidder: By: /Of ✓a t'i ' Bidder's Compare' Name Bidder's Sig ature Crfc.� Typed or Printed Name Addendumt San Aran Creek[toad Militias Extension-March 25 2011 PACE Al-2 2' Addendum No. I (March 25,2011) City of San Juan Capistrano San Juan Creek Road Utilities Extension The following changes, additions, deletions, or modifications shall be made to the Contract Documents and shall take precedence over the original Contract Documents; all other provisions in the Contract Documents remain the same. 1. BIDDING AND CONTRACTUAL DOCUMENTS Bidder's shall utilize the City's Bid Proposal Forms, No other forms shall be accepted. 2. BIDDING AND CONTRACTUAL DOCUMENTS Bidders shall understand that the basis of award is the total amount bid for Base Bid Items 1-9. 3. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Was there a geotechnical report prepared for this project? Answer: No there was not. 4. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: The plans and specifications call out different types of manhole linings. Which will the City be requiring on this project? Answer: The City will require the sewer manholes to be polyurethane lined per Sewer Note 26 on Drawing G-2 since PVC linings only pertain to manholes with sewer mains 18-inch and larger. Part 2.09 of Technical Specification 03451 Precast Concrete Manhole specification requires the AFC polyurethane lining. 5. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Will night work be required? Answer: Night work will need to be arranged with the City in advance and may only be required for the shut-offs/connections impacting the development located SE of the existing sewer manhole near Station 10+00. Base bids upon normal working hours of 7:30 AM to 5:30 PM. 6, CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Will permits be required,will the contractor have to pay for them and about how much will they cost? City encroachment hermit fee will NOT be waived. The cost is $200. The contractor is also required maintain a current City Business License, $60. Adduiduml_San Juan Creek Road Utilities Exlension-Marrh252411 PAG€3A1-3 Addendum No. 1 (March 25,2011) City of San Juan Capistrano San Juan Creels Road Utilities Extension 7. CLARIFICATION GIVEN AT PRE-BID MEETING Clarification: The Kinder Morgan (KM) High Pressure 16-inch Aviation Fuel Pipeline is a major element of this project. It was potholed by city crews in the presence of a KM representative. Any and all excavation shall require advance notice to and communication with KM and their physical presence during excavation. A detail has been provided in the plans together with information on the plan/profile sheet. The KM contact information is included on Drawing C-I as Note 1. No permit for the KM pipeline crossing will be required. 8. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Will the City include the sanitary sewer improvement as well with the award of the project? Answer: That decision will be solely up to the Ranch and the City. 9. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: What type of backfill for the pipeline trenches will be required? Answer.: There is a City Standard Detail W-8 that gives this information. There may be other details that supplement this detail as well. 10. CLARIFICATION QUESTION ASKED AT PRE-BID MEETING Question: Where can a bidder obtain plans and specifications? Answer: The City as set up a special web site and there is a charge to obtain a set of plans and specifications. vIk, v.coistalbluc.com Cost is$ 31.25 per set. 11. CLARIFICATION GIVEN AT PRE-BID MEETING Clarification: The amount to be used in the Agreement/contract for liquated damages shall be two hundred, fifty dollars($250). Adders imnI San Junn Caxek Road Utilities I?xwnsion-March 25 2011 PAGE'A l-4 L CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT LEDGEMEN"T State of California County of Orange 3 1' On_ 04/01/11 before me, Cynthia J. Valencia Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose natne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the sane in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)acted,executed the instrument. .I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing; paragraph is true and correct. l w WI ' E S my hand and official seal. CYNTHIA J. VALENCIA Commission 773427 11 Notary Pt€bllc CallEa€ntca LQorange County �.EX 0015,2011 Stgnatnre of otary VON, (Notary Seal) j' f' v ri ADDITIONAL OPTIONAL INFORMATION I !3 i is DESCRII''rION OIF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER ja. Bid Bond Individual E Title or description of at€ached document Corporate Officer x /Title President r Number of l3uges _ I�acumcnt Darc _-_-- Partner F Attorney-In-Fact Trustee Other 1< 3 ' Additional lnIbnnation a ii 3_ � IV 3�?100 f ASS[O'ADE A'Nf F �1` :,s OF THE CM ccRi'c p uy rey p v ;r,yA ei,�.�:�'4,�'F.6 i-".�k 'yT'S.'.A,':e0,Cgni, 2,6 :.... vsx{qyRyvi%`g.btg„4r.-3(>4 y, 1 Y %% 9 fi93, 1. (p.:yRi#V @n:V Yv i.E i'�ce Le 1 1 4 311015 FAX � NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN ,JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, May 3, 2011, in the City Council Chamber in City Hall, to consider: "Consideration of Award of Construction Contract for San Juan Creek Road Utilities Extension Project (CIP 11202) (Paulus Engineering, Inc.)" — Item No. D10. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, May 2, 2011, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Joe Mankawich, Associate Engineer. You. may contact that staff. member at (949) 487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san'uanca istrano.or . If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk[D,sanjuancapistrano.org. Maria Morris, CMC City Clerk cc: J. DeSigio Construction, Kana Pipeline; Mike Prlich and Sons; Atlas United; Minco Construction; GCI Construction; Pro-Craft Construction, Garcia Juarez; Paulus Engineering av rr a: r "' n +- 311/2011 AGENDA REPORT D10 TO: Joe Tait, City Manager FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Approval of Plans and Specifications for the San Juan Creek Road Utility Extension (CIP 11202) (J. C. Heden &Associates, Inc.) RECOMMENDATION: By motion, 1. Approve The Plans and Specifications for the San Juan Creek Road Utility Extension Project (CNP 11202), prepared by J. C. Heden and Associates (J. C. Heden); and, 2. Direct the City Clerk to advertise the project for competetive bids. SITUATION: Summary and Recommendation: On January 20, 2010, the City of San Juan Capistrano purchased the East Open Space. Currently the East Open Space is served irrigation water by onsite wells. There are no domestic water and sewer services to the site. The City wishes to serve the property with these wet utility connections. Staff has investigated options to provide necessary Water, Non-potable Water, and Sanitary Sewer utilities to the newly acquired East Open Space on the south side of San Juan Creek. The most cost effective solution was the simple extension of existing facilities on San Juan Creels Road. Currently the utilities extend to the paved end of San Juan Creek.Road at its intersection with Camino Chico. The proposed project will bring these facilities to just within the property. This involves extending each of the lines approximately 1000 feet. In July and August Public Works staff solicited bids for the design of these facilities. Five proposals were received for the work, and after review of the proposals J.C. Heden was selected to perform the design work. J.C. Heden has completed the Plans, Sepcifications and contract documents (Attachment 1) for the San Juan Creek Road Utility Extension (CIP 11202). Public Works and Utilities Staff have thoroughly reviewed the documents and find that they Agenda Report March 1, 2011 Page 2 meet City specifications and requirements for Public Works construction. Staff therefore recommends City Council approval of the Plans and Specifications to the San Juan Creek Road Utility Extension Project and direction to the City Clerk to publicly advertise the project for bid. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Utilities Commission received updates on this project at their February, 2011 meeting. FINANCIAL CONSIDERATIONS: The 2010-2011 City CIP Budget had budgeted $575,000 for the Eastern Open Space Access and Infrastructure Project (CIP 11202). Staff will return to City Council with a final budget recommendation upon opening bids for the project in early April. NOTIFICATION: J.C. Heden and Associates, Inc. RECOMMENDATION: By motion, 1. Approve the Plans and Specifications for the San Juan Creek Road Utility Extension Project (CIP 11202), prepared by J. C. Heden and Associates (Heden); and, 2. Direct the City Clerk to advertise the project for competetive bids. Respectfully Submitted, Pre a-red- , 0000" Nasser aszadeh, P.E Joe Mankawich Public Works Director Associate Engineer Attachments: 1. Plans and Specifications 2. Project Location ATTACHMENT 1 Due to the size of this attachment, a copy has been provided to the City Council for review. In addition, a copy of the attachment is available for public review at the City Clerk's Office located at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 - MIT.t W 14 O y{pLAMM c sF XA � ��www LN 114 l r CL tr MO � f ■ wr M. n p� X f Z &41 a J 14 C ` r x F QrsFY U `��'>�x"�� r ��' .� �"� • , ,,r. ,� ;ani�� �f., 31 04 P owl d61 If AQ r° f } ,V SAN JUAN CA 92676: W;4 A LILAWO 1 . 93-117# � • (949)493,1053 VAX NOTIFICATION OF MEETING OF POTENTIAL. INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, March 1, 2011, in the City Council Chamber in City Hall, to consider: "Consideration of Approval of Plans and Specifications for the San Juan Creels Road Utility Extension (CIP 11202)(J.C. Heden & Associates, Inc)" -- Item No. D1 O. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending- the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5.00 p.m. on Monday, February 28, 2011, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanjuanca istrano.or . If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cit, clerk __sanjuancapistrano.org. Maria Morris, CMC City Clerk cc: J.C. Heden and Associates, Inc yv'Ve° ;,thePast to Enhance the Fumpe 1 32400 PAS£Q AI3ELANTa J MEMBERS OFTHE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 $AhIALLEVATO (949)493-1171 �€fl�ruflartti LAURA FREESE (949)493-1053 FAx ® £ssal¢�sNtn � I9�f LORRY KRAMER www.sanjuayzcapistrana.o�'Fg 1776 DEREK REEVE JOHN TAYLOR TRANSMITTAL TO: Paulus Engineering, Inc. 2871 E. Coronado Street Anaheim, CA 92806 DATE, July 25, 2011 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Contract — San Juan Creek Road Extension (CIP 11202) Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Keep in mind this documentation must remain current with our office during the term of this agreement. Please be aware, our office needs to receive documentation of compliance related to contract terms under Section 8. Compliance with Other Provisions of Relative to Public Contracts; E- Verify. If you have questions related to this requirement, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Joe Mankawich, Associate Engineer at (949) 487-4313. An original agreement is enclosed for your records. Cc: Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Fufure Christy JAI From: Omar Sandoval Sent: Thursday, July 07, 2011 11:54 AM To: Joe Mankawich Cc: Christy Jakl Subject: RE: SJC Road Extension Because the amount is lower than the council approval, you just need to correct the contract. I would also put a memo to the file indicating that a correction was made. Thanks. Omar. Omar Sandoval City Attorney City of San Juan Capistrano City Hall (949) 443-6312 Office (714) 415-1049 From: Joe Mankawich Sent: Thursday, .lune 30, 2011 11:49 AM To: Omar Sandoval Cc: Christy Jaki Subject: S.IC Road Extension Hi Omar, Christy just pointed out that I made a small math error in my recommendation to City Council for the attached item. Evidently I read the 1 as a 7 so the proper amount of the base bid is $183,145 rather than $183, 745. I have made the correction on the contract for the work...is there anything else I have to do to correct this error? JOE MANKAWICH ASSOCIATE ENGINEER CITY OF SAN JUAN CAPIS"I RANO 32400 PASEO ADELANTO SAN.JUAN CAPISTRANO, CA.92675 (949)487-4313 i Today's Date: �! uting Apply) x fes} torney Com' anager (Clerk CONTRACT TNSMITT-.- CIP No. (if any): Project Manager's Last Name: fAGtV UV I C- A Phone Extension:�� Councilor CRA Meeting Date (if applicable): APPROVING AUTHORITY: (Check dine) ® Mayor LJ CRA Chair LJ City Manager Provide (1) executed original contras If the agreement is to be recorded —only (1) original will be recc es_ Please provide the mailing address oass the mailing address is included within the body of the agreem( Names St VA- OTHER _ INSTRUCTIONS: J44tez ,V- (,00 f-- 6 ... a^- LGA- • [h.0... { F / { � r ( � 1 Form Date:01-2004 —7 Christy Jakl From: Christy Jakl Sent: Tuesday, June 28, 2011 2:09 PM To: Joe Mankawich Cc: Lindsey Mannan Subject: Paulus Engineering Inc Hi Joe, When will you be forwarding your agreements for Paulus Engineering? Thanks! Chvist-� RAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 ( (949) 493-1053 fax 1 Christy JAI IIIII'l1A1111111111111 Al1lAllll11111 Al1A'I�IAIAIIAlII111AA�11111A1 From: lomilt5 @dslextreme.com <lomilt5@dslextreme.com> Sent: Tuesday, June 21, 2011 5:46 PM To: City Clerk Scanstation Subject: Agenda Item D5- Utilities Extension Dear Council Members, Please do notextend sjc's utilities to Rancho Mission Viejo without them paying their share of all costs associated with the program. Guard our City budjet first, and be nice second. Thank You, Milton Long--A long time resident. 1