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13-10001_JET CONSTRUCTION, INC._Construction ContractCONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this _1_ day of (Lf-, 2013, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and Jet Construction, Inc., hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-1 Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. The Project is described as: Recycled Water Conversions -Meter Service Installation as delineated in the Plans and Specifications prepared by Dudek, dated August 15, 2013. Work to include: the construction of meter services for recycled water conversion, and all appurtenant work. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: CITY OF SAN JUAN CAPISTRANO RECYCLED WATER CONVERSION BID PACKAGE No.4 (Meter Services Installation}.,_ CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-2 Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten ( 1 0) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within forty five (45) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather which exceeds the number of calendar days estimated by the City and set forth in Section 5 hereof; damages caused CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-3 by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C- 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-4 Section 9. Changes in Project. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-5 E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change therefrom is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of Five Hundred Dollars and No Cents ($500) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-6 Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of one hundred eight thousand four hundred fifty dollars and zero cents ($108,450) as itemized on the attached Exhibit "A," described as the Bid. Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety five percent (95%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety five percent (95%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain five percent (5%) of the amount of each such progress estimate and material cost until the Final Payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-7 Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. Within ten (1 0) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) 8-8 prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 177 4 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-9 above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages; Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel --one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-10 the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-11 whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Workers' Compensation Public Liability, in the form of either Comprehensive General Liability or Commercial General Liability written on a per-occurrence basis Automobile liability, including non-owned and hired vehicles In accordance with the Workers' Compensation Act of the State of California --Minimum of $1,000,000 $2,000,000, per occurrence, or alternatively, $2,000,000 aggregate, separate for this project. $2,000,000 per occurrence City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-12 Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: ( 1) not less than ten ( 1 0) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (1 0) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-13 C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-14 or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et seq., regarding resolution of construction claims for any claims which arise between the Contractor and the City. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-15 Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: To Contractor: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Keith Van Der Maaten, P.E., Director of Public Works and Utilities Brad Anderson Jet Construction, Inc. 4061 Oceanside Blvd, Suite M2 Oceanside, CA 92056 Section 20. Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. Signature Page to Follow CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-16 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. ATIEST: By: ____________ _ Maria Morris, City Clerk CITY OF SAN JUAN CAPISTRANO By:--:---::::---:--:----------John Taylor, Mayor JET CONSTRUCTION, INC By: ______________ _ Bradley Anderson, CEO CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALlATION) B-17 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. ATT6ST: By:_....:..::--...;..q.r..-+->-~--=-----lo:::?"""--~- APPROVED AS TO FORM: By: ___ .,.--_______ _ Hans Van Ligten, City Attorney CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-17 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 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: Recycled Water Conversion Bid Package No. 4 C.J.P. No. 13601 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 Jaw. 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 Au«;. za , 2..013 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 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: S&PJ: FORMU-300 X08U-300bid.wpd Nov 2001 1. 2613 , Bidder: J;_r {JN5~Q-r/o,._; ) w~ By:~aJ~~s.I1J~ ~ f (S~ture) Title: __ __..t."'-'£o:=.:d::..._ __________ _ BID (PROPOSAL) BID FORMS -PAGE 1 EXHIBIT A This Is Page 1 of Exhibit B consisting or 2 pages, rererred to In and made a part or the AGREEMENT between I he OWNER and the CONTRACTOR. BID SCHEDULE CIP NO. 13601 Recycled Water Convenion Bid Package No.4 (Schedule A) NO. ITEM DESCRIPTION I. Mobilization and Demobilization. 2. City of San Juan Capistrano Public Works Encroachment Permit & Business License. 3. Furnish and install new 1.5-inch or 2-inch service laterals at the locations shown on Sheet C-1 and per Sheet D-1 and City Standard Details W-2 and W-81ocated on Sheet D-2. 4. Furnish and install new meter boxes per City Standard Detail W-21ocated on Sheet D-2. 5. Fumish all labor, materials and equipment to disconnect and abandon 1.5-inch service. Furnish and install three bronze plugs per abandoned service. Disconnected meters shall be relocated to new service for same account. 6. Furnish all labor, materials and equipment to disconnect and abandon 2-inch service. Furnish and install three bronze plugs per abandoned service. Disconnected meters shall be relocated to new service for same account. 7. Furnish all labor, materials and equipment to install the relocated I .5-inch meter. Provide applicable appurtenances to make syslem openltional after installation. fORM U-302 UMT PRICE X09U·3ll2unll ¥opel Nov2001 UNIT OF EST. UNIT MEASURE QTY. PRICE LS l $5400.00 LS l $4100.00 EA 8 $4500.00 EA 8 $575.00 EA 3 $750.00 EA 5 $800.00 EA 3 $750.00 ITEM COST $5400.00 $4100.00 $36000.00 $4600.00 $2250.00 $4000.00 $2250.00 UNIT PRICE BID SCHEDULE BID FORMS -PAGE 1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 8. Furnish all labor, materials and equipment to install the relocated 2-ioch meter. Provide applicable appu11enances to make system operational after installation. EA 5 $1800.00 $9000.00 9. Furnish all labor, materials and equipment to install and certifY a 1.5-inch RPPD. Provide applicable appurtenances to make system operational after installation. EA 3 $1500.00 $4500.00 10. Furnish all labor, materials and equipment to install and certify a 2-inch RPPD. Provide applicable appurtenances to make system operational after installation. EA 3 $1600.00 $4800.00 II. Furnish all labor, materials and equipment downstream of the new RPPDs to the Point of Connection to the irrigation system. EA 6 $750.00 $4500.00 12. Fum ish and install all warning tape and identification on the new service laterals, abandoned service laterals, relocated meters, RPPD's and downstream LS 1 $2000.00 $2000.00 13. Furnish all labor, materials and equipment to repair all landscaping, in kind. LS I $8050.00 $8050.00 14. Furnish all labor, material and equipment to repair aU concrete and asphalt surfaces, including streets, sidewalk, and curbs. LS I $17000.00 $17000.00 TOTAL BID PRICE (Schedule A) :$ One hundred eight thousand four hundred fifty dollars ($108,450.00) FORM U-.302 UNIT PRICE X09U·302unitY.pd Nov200t Dollar amount In written form UNIT PRICE BID SCHEDULE BID FORMS • PAGE 2 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 ofthe 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. Work to be Performed 2 ____________________ _ 3 __________________ __ 4 ____________________ __ 5. ____________________ _ 6 ____________________ __ ? ____________________ _ 8 ____________________ __ FORM U-430 1 OU-430subs. wpd Aug 2001 Contractor's License Number Subcontractor's Name & Address LIST OF SUBCONTRACTORS BID FORMS -PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) County of SA-~ V1 E~ 0 ) ss. ) 1.3jlttPL£1 !J tJ,vo u.s.<f~ being first duly sworn, deposes and says that he 8F-6Re is (;Eo of ci£r &STIUJmo,J ~ . 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 frx 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. FORMU-480 11U-480col.wpd Aug 2001 Bidder By Title Address NON-COLLUSION AFFIDAVIT BID FORMS -PAGE 5 BID BOND KNOW ALL MEN BY THESE PRESENTS, That Jet Construction Inc. as Principal, and _H_u_d~so_n_In_s_ur_a_n_ce_Co_m_p_a_n_y _________ as Surety, are hefd and firmly bound unto The City of San Juan Capistrano, hereinafter called the ''Owner• in lhe sum of ---------- __ T_e_n_P_e_rc_e_nt_(_l_O_%_)_o_f_th_e_T_o_ta_I_A_m_o_u_n_t _Bi_d ________________ dollars (not less lhan 10 p91'cent or lhe total amount of lh& bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, succe~sors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said Owner lo perform the Work required under the Bid Schedule(s) of the Owner's Contract Documents enlitled: Recycled Water Conversion Bid Package No. :l 4 CIP NO. 13601 NOW THEREFORE, if said Principal is awarded a Contract by said Owner, and wilhln lhe time and In the manner required In the "Notice Inviting Bids" and the "Instructions lo Bidders" enters into a wrllten 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 Bond, then this obligation shall be null and void, otherwise It shaH remain In full force and effect. In lhe event sultlt brought upon this Bond by said Owner, and Owner prevails, said Surety shall pay all costs incurred b'y said OWner in such suit Including a reasonable attorney's fee to be fiXed by the court. SIGNED AND SEALED, this ~----=3-'-'rd~-----day of September • 20 13 (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM\1-<110 X IZIH 1 Oboo>d .WJ>d HOv2001 --------------'(SEAl) ___________ (SEAl) ft-J jSEAL) s6JJ.,,J ()hJ~ . -<SEALJ Jet Constru~ohnc. (Pr1ndpal) Hudson Insurance Company By:~~ (Signature) Ryan E. Warnock. Attorney-in-fact (Signature) BID BOND (BID SECURITY FORM) BID FORMS-PAGE 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } County of San Diego On S E P 0 3 2013 before me, Janice R. Martin • Notary Public, ------~~------------~~~~~~~~------~--~~----Date Insert Name of Notary exactly as it appears on the official seal personally appeared ---'-R"'-y.;c.an;,;._:;;E"-. ..:...W'""a"'""r'-'-no.:...cc::..:.k=---------==:r.:i'"Fi:::=::;---------------Narne(sJ of Signer(s) I@..... . JANICE R. MARTIN I ,... • COMM. #1986564 o M ~-NOTARY PUBLIC-CALIFORNIA (I! () -SAN DIEGO COUNT)' ~ 1 ' . My Commission Exprres 1 , 0 J,Pk\29, 20146 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person® whose name(JN) is/fifiJ subscribed to the within instrument and acknowledged to me that he/t/fHII1fiW executed the same in his/fffltltmilf authorized capacity(JJNJ). and that by his/rlfHIIINI#:f signature(llb on the instrument the person(JNJ, or the entity upon behalf of which the personqt? 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. OPTIONAL----------- Though the information below is not required by Ia~ it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document. Description of Attached Document Title or Type of Document:-------------------------------- DocumentDate: ---------------------Number of Pages: ____________ _ Signer(s) Other Than Named Above: --------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: --------------- 0 Individual 0 Corporate Officer-Title(s): __________ _ 0 Partner 0 Limited 0 General !tf Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: _______ _ Signer is Representing: RI:;'-'T THLtr,JBPRiiJT J::: S'Gi\ER Top of thumb here Signer's Name: ------------- 0 Individual 0 Corporate Officer -Title(s): ________ _ 0 Partner 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:--------- Signer is Representing: RI:Jr--!T THI r.mPRif!T J~ S Gf\ER Top of thumb here BID BOND POWER OF ATTORNEY KNOW ALL MEN DY THESE PRESEI"TS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware. with of'liccs nt 100 William Street. New York. New York. 10038. has made. constituted and appointed. and hy these presents, does mnke, constitute and appoint Lawrence F. \1cMahon, James Baldassare, Jr., Sarah \1yers, Ryan F.. Warnock of the State of California its true and lawful Anomcy(s)-in-Fact, nt New York City in the State of New York. each of them alone to have full power to act without the other or others, to make, execute nnd deliver on its behalf. as Surety, bid bonds for uny and all purposes. Such bid bonds, when duly executed by said Anomcy{s)-in-Fact. shall be binding upon said Company as fully and to the same e.xtent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof: HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto on this 11&._ day of February , 20 !1..._ _ at ~ew York. New York. :::·-~:·;-\:t.~ mn• uu1<atak1S, Corporate Secretary lll!OSON JNSlJRAi\CE COMPANY By~~ ('h rislopher T. Suarez. Exl'Cutivc Vice Pre ident STATE OF NEW YORK COUNTY OF NEW YORK SS On the .£!!L_ day of February , 20 _13 __ betore me personally came Chris depose and say that he is an l'xccutive Vice l'res1dent of lltiDSOt'i ISSliRA'\\E COMPA:-i instrument, that he knows the seal of said Company, that the seal allixcd to Mud niStrument 1s the the Board of D1rcctors of said COmDtJIJI/w,d that he signed his name thereto by like order ~\\\It' 1/111. (Notarial Scali ~,, ... ~ -.1.~ M MU,qp"'~~~ ~ t~-:.~····· .. '7)" ~ § •"o"\~YPq&~• ~ ~ .··~~OI'NE'IfM;>"·. ~ ~ .. ~ ~·-=-~*: Oj -~ : i = : 01 MIJ60075s3 : * = 'i ... : i """ • a. .. ,.....,n~ • "" ~ • ·~Ur:•!:~cM. .• ~ ~ ~ ·~·~~~··iY~~ STATE OF NEW YORK ~ "•••••• .n.N ~"' . ~~ E1l'i!IF£S , .. ,,, .. COU:-.ITY OF NEW YORK ~llllll~illl''·'~. The unders•gned Dina Da•kal~kis hereby certifies· Qualified in Nassau <.'OLmtv Comm1ss1on Expires Decc~ber I 0. 2013 CERTIFICATION Til AT the original resolution, of wh1ch the tbllowing ts a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27''. 2007. and has not since been revoked, amended or modified· "RESOLVED, that the President. the Executive Vice !'residents, the Semor V1cc Presidcnl~ and the Vice Presidents shall have the authority and d1screuon, to appoint such agent or agents, or attorney or attorneys-in-fact, for the purpose of carrying on this Company's surety bus mess, and to empower such agent or agents. or auorney or attorneys-m-fact, to execute and dehver. under this Company's seal or otherwise, bonds obligatiOns, end recognizances. whether made by th1s Company as surety thereon or otherwise, indemnity contr~cts, contracts and ccnilicatcs. and any and all other contracts and undenakmg made m the course of th1s Company's surety bL1siness, and renewals. extensions. agreements, waivers, consents or stipulations regarding undenakmg.s so made: and FURTHEI~ RESOVLEO. that the s1gnature of any such Oniccr of the Company and the Company's seal may be ullixed by taes1mile to any power of attorney or ccnificauon g1vcn tbr the execution of any bond, undertaking. rccogni7Jmcc. contract of mdemnny or other \\Titlcn obhgat1on in the nature thereof or related thereto. such signature and seal when so used whether heretofore or hereafter. bemg hereby adopted by the Company as the original sognaturc of such olliccr and the original seal of the Company, to be valid and bmdmg upon the Company with the same force and effect as though manually umxcd .. THAT 1he a hove and forcgomg IS u Ji.JII. true and correct copy of Power or Atlorney issued by s1ud Company, and of the whole of the origmal and that the sa1d l'o\\er of Attorney 1s st1ll 111 full force und cfli:ct und has not been revoked. and funhcrmore that the Resolution of the Board of Directors, set fonh in the said Power of AttomL'Y 1s now 111 fOrce 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. 2. 3. 4. 5. 6. 7. CONTRACTOR'S Telephone Number: ( ?&0) 5YJ· 234,0 Facsimile Number: (7b(J ) 54-7~ 234 5 E-mail address b~Q_ Je:rlt..JC.... · ~ M CONTRACTOR'S License: Primary Classification ____,A'--'-------------- State License Number(s) (Qq 5o 5 t) Supplemental License Cla_s ..... si'-fica__;;_ti-on....::s:..__...:;: _,'-J:>==========·==· ===================-- Surety Compary and Agent who will rovide the required onds on this Contract: Name of SuretY N <!.£ fl.ov Addre~s /00 /A)JLLJ!t-M or; tJ.t) N. y: I /0038 SuretyCompanyAgent K){ArJ E. jAh4j21\JoCt- Telephone Numbers: Agent(~ 1'1 ) aqq .. B/13 7 Surety ( &>lq) B<f't .. 6> CJ ":3 7 Type of Firm (Individual, Partnership or Corporation): ~/?..j?tJIL/h!O,J Corporation organized under the laws of the State of: --~-/tL __ J_H_IlN __ J_A-____ _ List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: ~~LEY s. At.~o~o,.J CEO 3tKJ21 /Y1JL.Jt).)() 62o.JJGN1Ee\,JlA \ rA --------------------------~59\ FORM U-420 x13U-420info.wpd Nov2001 BIDDER'S GENERAL INFORMATION BID FORMS -PAGE 7 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. Owner J:JE?r: oFTJ-Js NAvy Address ~Me PE:tJOL£[OrJ Contact .Ji'm ~E~ Class of work IN$Tf'rJI IJ.JA\~~ fif;tv~ JEj1TrJ6:7 2. 3. J}/2 &:./\ /J ()0 I Phone ~~ '"7 1'/o -0 :..NO Contract amount / 7 7, L/fo /. - Project(_) Date completed 7·10 · 2..6.;3 Owner T::EPJ:ot:iJk NA'r'y Address ~p ~UJLm ,J Contact .:J:iM '&we,../ 1 . Class of work VNDW~I)()UNfi) ftf>1~ Phone &5~ .q1fe -0 500 Contract amount 2/3 'foo . -. . ~ Project(_) -Date completed :2..·l..}-'20 13 OwnerYEfrD~ A)Av'j Contact S&rr gt.,tfe:j~L Phone c85EJ 49/o-0 5CJO Project(_) ___ -___ _ Address /&11r ~,4 ~~ 311$£ Class of work INSJltll N£W ~vclE'fZ-wPr 5r. Contract amount /0 t./-, 70 4. 0.! Date completed t..J· Zb · 2Dt3 10. List the name and title of the person who will supervise full·time the proposed work for your firm: __ f_;ift(2-L£S "Jmf f: '' A.f ~U~ 11. I~ tUtt-iime supervisor an employee p 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 . FORM U-420 x13U-420info .wpd Nov 2001 .. * * * * BIDDER'S GENERAL INFORMATION BID FORMS -PAGE 8 PERFORMANCE BOND Bond No. ASB372 Premium: $2,627.00 Premium is for Contract Term and subject to adjustment based on the Final Contract Price. KNOW ALL MEN BY THESE PRESENTS, That Jet Construction Inc. as Contractor, And Hudson Insurance Company as Surely, are held firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County of Orange, California, hereinafter called the "Owner," in the sum of: One Hundred Eight Thousand Four Hundred Fifty and 00/100 ($108,450.00) dollars, 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 Contractor has been awarded and is about to enter Into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: Recycled Water Conversion Bid Package No. 4 CIP NO. 13601 NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on Its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain In full force and effect. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, \his __ 3::..:.r=d __ day of ___ O=ctober '20_:_1.::.._3- FORMU.elO x16U.e10bond.wpd Nav2001 Surety Hudson Insurance Company By&~ Ryan E. Warnock Title Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PERFORMANCE BOND AGREEMENT AND BONDS -PAGE 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } County of San Diego On OCT 0 3 2013 before me, Jennifer L. Clampert --' ....... '-'-----"'~o'"at-"e'-"-'-""-----Insert Name of Notary exactly as it appears on the official seal , Notary Public, personally appeared ~R.:..oy~a::.:_n:....:E=.:._. W::..:...::a:.:.:rn:.:..o::...:c:.:.k.:__ _______ =="""===----------------Name(s) of Signer(s) I. JENNIFER L. CL.AMPERT I : ...... COMM. #1915197 n 0 , NOTARY PUBLIC-CALIFORNIA ! en A SAN DIEGO COUNlY ~ J , . M_y Commission Exp1res 1 DECEMBER 4, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(JI,h whose name(/$/) isltlfiJ subscribed to the within instrument and acknowledged to me that he/fl'tlfl/f.YffJ'I/ executed the same in his/flfJf/mt#f authorized capacity()I#Jb, and that by his/NIJfft~Nt~N/ signature(#h on the instrument the person(/$/), or the entity upon behalf of which the person(/$/) 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 official seal. ·f- 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 the form to another document. Description of Attached Document Title or Type of Document: ---------------------------------- DocumentDate: ___________________ _ Number of Pages: ________ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ 0 Individual 0 Corporate Officer-. Title(s): ________ _ 0 Partner 0 Limited 0 General ~ Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: -------- Signer is Representing: RIGHT THU~J1BPRINT OF SIGNER Top of thumb here Signer's Name: 0 Individual 0 Corporate Officer -Title(s): ________ _ 0 Partner 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ALNT-10-0945 HtJDS(JN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That IIUDSO"J INSURANCE COMPANY, a corporation of the State of Delaware, with offices at I 00 William Street, New York, New York. I 0038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Lawrence F. :\tcMahon, .James Baldassare, Jr., Sarah Myers, Ryan E. \Varnoek of the State of California its true and lawful Attomcy(s)-in-Fact. at New York, New York. each of them alone to have full power to act without the other or others. to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions. agreements, waivers. consents or stipulations relating to such bonds or undertakings provided. however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars (S 1 0,000,000.00). Such bonds and undertakings when duly executed by said Attorney(s)-in-Fact, shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. Witness Whereof. HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto duly this ..lQ!h__ day of_} unc , 20 !] __ at New York. New York. HUDSO!\" INSURANCE C0\1PANY ~~--~~. By~ .. '.'·~~··· Corporate Secretary STATE OF NEW YORK COUNTY OF NEW YORK. SS Christopher T. Suarez Executive Vice President On the 20th day of June , 20 !1__ before me personally came Christopher T. Suarez to me known, who being by me duly sworn did depose and say that he is an Executive Vice President of HUDSON INSURANCE C0\1PA!\"Y, the >rporation described herein and which executed the above instrument, that he knows the seal of said Corporation, that the seal affixed to said instrument is such c rporateli·eal, that it was.so affixed by order of the Board of Directors of said Corporation, and that he signed h1s name thereto by I ike order. . If/ \\\\lillliiUIIIII , ~(){_ ~~''~\\II t-AUAPH/'''~ . . . . . . . . . . . . ...... ~... , : . . . . . . . * ~"' •••••••• ~ • ·NN \1 '1l'"P ~ ¥ .··~'{ PUet.;;•. ~ .... · · ·• ·" ~ .··o~(jNEWt/~ ••• ~ ~ . ~~ ~ .... :: : iS rr,:-• ... ~ ork (Notarial Seal) Qualified in Nassau ounty : : (/) : = : * : o1l,IU6061503 : : Commission Expires December I 0, 2013 ~ ~. ~ .:$:2§ ~ ~··. ~0UAL1f\'(S)-~ •• ·"'c'V,$' ~ • u~ ~~ STi\ TE OF NEW YO~ ••••••••••• • \!:~~· COUNTY OF NEW Yoirki,11111Q.JIS§>~\\\\\~':' #111111\h The undersigned Dina Daskalakis hereby certifies· CERTIFICATION That the original resolution. of which the following is a true and correct copy, was duly adopted by unanimous \vritten consent of the Board of Directors of !Judson Insurance Company dated July 27'h, 2007, and has not since been revoked, amended or modified: "RESOLVED, that the President, the Executive Vice Pres1dents, the Semor Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys-in-tact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents, or atlorney or attorneys-in-fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surety business, and renewals, extensions, agreements, wa1vers. consents or stipulations regarding undertakings so made~ and FURTHER RESOVLED. that the signature of any such OtT!cer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond. undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the anginal seal of the Company, to be valid and bmdmg upon the Company with the same Ioree and effect as though manually aff1xcd." TIIA T the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still m full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors. set forth in the smd Power of Attorney is now in force QCT O 3 2013 ,. ness the hand of the undersigned and the seal of said Corporation this . 20 ~. iElL ··\ -i~i • ................. l -~· By .. Bond No. ASB372 Premium is included in the Performance Bond. PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That Jet Construction Inc., as Contractor, and Hudson Insurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing in the County of Orange, State of California, hereinafter called the "Owner," in the sum of: One Hundred Eight Thousand Four Hundred Fifty and 00/100 ($1 08,450.00) dollars, 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 Contractor has been awarded and is about to enter into the annexed agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: Recycled Water Conversion Bid Package No.4 CIP NO. 13601 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fall to pay for any materials, provisions, provender, equipment, or other supplies used In, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions ofTitle XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used In, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said surety wilt pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit Is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations In the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shalt not in any way release said Contractor or said Surety thereunder, nor shall any extensions of lime granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement Is hereby waived by said Surety. SIGNED AND SEALED, this FORMU-{;20 x 17U-620bond."'!ld Nov 2001 .~3~rd~ __ dayof ____ ~O~c~to~b~e~r ______ 2013 Surety Hudson Insurance Company By --;::;:-"'='::3:::--;=--;~--;--~---........-z...---Ryan E. Warnock Title Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PAYMENT BOND AGREEMENTANDBONDS-PAGE5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } County of San Diego On OCT 0 3 2013 before me, Jennifer L. Clampert ---U~--V'-;!D#cat'""'e~.J-----Insert Name of Notary exactly as it appears on the official seal , Notary Public, personally appeared ...:..R.:...~.y:..::a::.:n:....:E=-·:._W:..:..::a::.:rn:..:.:o::..:c:.:.k:...._ _______ ,..,----,-.,-,..,.,.---,--,---------------- Name(s) of Signer(s) 1...... JENNIFER l. CLAMPERT I ... COMM. #1915197 ~ a NOTARY PUBLIC-CALIFORNIA ~ 0 SAN DIEGO COUNTY n I · My Commission Expares J DECEMBER 4, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(j/JJ whose name(/$/) is/lif/iJ subscribed to the within instrument and acknowledged to me that hellh/tilfflfi'IJ executed the same in his/Nfif/tmNf authorized capacityW#Jb. and that by his/N/iJf/#ltWII signatureWh on the instrument the person(/$/), or the entity upon behalf of which the person{/$/) 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 official seal. Signature ~'-:"'"""'"':7:'-~'7-:~-:--:-:--:--=-:----.,..---- 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 the form to another document. Description of Attached Document Title or Type of Document:-------------------------------- DocumentDate: ___________________ _ Number of Pages: ________ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ 0 Individual 0 Corporate Officer -Title(s): ________ _ 0 Partner 0 Limited 0 General ~ Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: _______ _ Signer is Representing: RIGHT THUI'JlBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ 0 Individual 0 Corporate Officer -Title(s): ________ _ 0 Partner 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: -------- Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ALNT -1 0-0946 HtJDS(1N POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That IICDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, J'l;ew York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Lawrence F. ~fcMahon, .James Baldassare, Jr., Sarah Myers, Ryan E. \Varnock of the State of California its true and lawful Attorney(s)-in-Fact at New York, New York. each of them alone to have full power to act without the other or others. to make, execute and deliver on its behalf: as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions. agreements. waivers. consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten ;\fillion Dollars (S 1 0,000,000.00). Such bonds and undertakings when duly executed by said Attorney(s)-in-Fact. shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. Witness Whereof. HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto duly this __1Qili__ day of}unc , 20 !]_at New York. New York. HCDSO'i INSCRANCE C0:\1PANY By~~~~ Corporate Secretary Christopher T. Suarez Executive VIce President STATE OF NEW YORK COUNTY OF NEW YORK SS. On the 20th day of June , 20 !1._ before me personally came Christopher T. Suarez to me kno\.1-n, who being by me duly sworn did depose and say that he IS an Executive V1ce Prcs1dent of HUDSOI'i 1:\'Sl'RA!'I'CE COMPAJ:t. 'Y, the Jrporat1on described herem and which executed the above mstrument, that he knows the seal of sa1d Corporation, that the seal affixed to sa.d mstrumcnt IS such c poratel]eal, that 11 was so affixed by order of the Board of Directors of sa1d CorporatiOn, an9 that he signed h1s name thereto by like order ~ ''''"'11111111111 , ' ~~,'\~ \-11 MURPHy"'''~ ' . (Notanal Seal) # ~-·:.;~'PuB'"•.. %, A:'lil'i .\1. :\H.HP ~ .··~"\~NEW~c •.. ~ Notary Public,, ate nfNew \'ork ~ : ~<(; ~ "• ~ No OIMU606~3 / : : ti ~ * : Quallficd in Nassau--c--ountY ~ * : 01~1553 : E Commission Expires December I 0, 2013 ~ ~. ~ .:~~ CERTIFICATION ~ ~··. ~QuAL\'f\~-~ •• ·"'~~ ~ • u~·~ ~ ... ---. STATE OF NEW YO~ "••·••••···· '\"!;~~· COUNTY OF NEW Yofr~IIIII'K»/~\~\\\\\\~':' 111111111 The undersigned Dina Daskalakis hereby certifies: That the original resolution. of which the following is a true and correct copy, was duly adopted by unanimous written cons~nt of the Board of Directors of !Judson Insurance Company dated July 27'h. 2007, and has not since b~en revoked, amended or modified: "RESOLVED, that the President. the Executive Vice Prcs1dcnts, the Senior V1ce Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys-in-fact, for the purpose of carrying on this Company's surety business, and to empow~r such agent or agents. or attorney or attorneys-in-fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surety business, and renewals. extensions, agreements, waivers. consents or stipulations regardmg undertakings so made: and FURTHER RESOVLED. that the signature of any such OfTiccr of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification g•ven for the execution of any bond. undertaking, recognizance, contract of indemnity or other wntten obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and bmdmg upon the Company with the same force and effect as though manually affixed." THAT the above and foregoing 1s a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney IS still m full force and effect and has not been revoked, and furthermore that the ResolutiOn of the Board of Directors, set forth in the saJd Power of Attorney is now in force ,. ness the hand of the undersigned and the seal of said Corporation this ---nOCT 0 3 2013 '20 (C ~. SEAL ·.\I " tJ.. \ .. ~./'lj By. a',~$Jtt ~ccretaiJ TO: FROM: DATE: SUBJECT: ~. ~ 0 10/1/2013 010 City of San Juan Capistrano Supplementa nda Report Karen P. Brust, City M!:IJII,~nt# Keith Van Der Maaten, P. ., Public Wori5S and Utilities Directorf'J17..1 "'""' Prepared by: Stephen Liao, Engineer f,tf!L S,. L. V"fTt.a/j' / I October 1, 2013 '- Consideration of Construction Contracts for Bid Package 3 and Bid Package 4 of the Citywide Recycled Water Project (CIP 13601) (STL Landscape, Inc. and Jet Construction, Inc.) RECOMMENDATION By motion, contingent 1 . Approve the tra Juan Creek Rc Citywide Recyclt :es Control Board (State) approval: )Sition 50 funds budgeted for the San Pipeline Project (CIP 13603) to the :t (CIP 13601 ); and, 2. Approve a Construction Contract with STL Landscape, Inc. for Bid Package 3 of the Citywide Recycled Water Conversion Project (CIP 13601) in the amount of $188,000; and, 3. Approve a Construction Contract with Jet Construction, Inc. for Bid Package 4 Meter Service Installation Component of the Citywide Recycled Water Project in the amount of $108,450. EXECUTIVE SUMMARY: At the time of the posting of the October 1, 2013, City Council Agenda, the Utilities Commission had not taken action on a recommendation to the City Council. At its October 1, 2013, meeting the Utilities Commission took action to recommend that the City Council approve the transfer of $100,000 of Proposition 50 funds budgeted for the San Juan Creek Road 12" Recycled Water Pipeline Project (CIP 13603) to the Citywide Recycled Water Conversion Project (CIP 13601 ), approve a Construction Contract with STL Landscape, Inc. for Bid Package 3 of the Citywide Recycled Water Conversion Project (CIP 13601) in the amount of $188,000, and approve a Construction Contract with Jet Construction, Inc. for Bid Package 4 Meter Service Installation Component of the Citywide Recycled Water Project in the amount of $108,450. r " TO: Karen P. Brust, City ~n Capistrano ort FROM: Keith VanDer Maaten, P.E., Public Works and Utilities Direc Prepared by: Stephen Liao, Engineer DATE: October 1, 2013 10/1/2013 010 SUBJECT: Consideration of Construction Contracts for Bid Package 3 and Bid Package 4 of the Citywide Recycled Water Project (CIP 13601) (STL Landscape, Inc. and Jet Construction, Inc.) RECOMMENDATION: By motion, contingent on the State Water Resources Control Board (State) approval: 1. Approve the transfer of $100,000 of Proposition 50 funds budgeted for the San Juan Creek Road 12" Recycled Water Pipeline Project (CIP 13603) to the Citywide Recycled Water Conversion Project (CIP 13601 ); and, 2. Approve a Construction Contract with STL Landscape, Inc. for Bid Package 3 of the Citywide Recycled Water Conversion Project (CIP 13601) in the amount of $188,000; and, 3. Approve a Construction Contract with Jet Construction, Inc. for Bid Package 4 Meter Service Installation Component of the Citywide Recycled Water Project in the amount of $108,450. EXECUTIVE SUMMARY: Capital Improvement Project (CIP) 13601 includes converting landscaped areas throughout the City which are currently supplied by the potable water system to non- domestic/recycled water. This project is funded entirely through Proposition 50 Grant funds. Bid Package 3 includes the conversion of Homeowner's Associations (HOAs), Ambuehl Elementary School, two churches (Church in San Juan Capistrano and South Coast Christian Assembly), City parks, Caltrans landscapes, and local business landscapes (Attachment 1 ). Bid Package 4 includes the installation of meter services for the recycled water services constructed in Bid Packages 1 through 3. City Council Agenda Report October 1, 2013 Page 2 of 4 On September 5, 2013, the City received bids for Package 3 of the Citywide Recycled Water Conversion Project (CIP 13601 ). The bid results are as follows: CONTRACTOR BID AMOUNT STL Landscape, Inc. $188,000 Jet Construction, Inc. $239,450 On September 5, 2013, the City received one bid for construction of Package 4, in the amount of $108,450 from Jet Construction, Inc. The Construction Contracts for Packages 3 and 4 puts this project over its current budget; however, the bid for the recycled water pipeline project (CIP 13603) came in much lower than projected, allowing $200,000 to be put towards other Proposition 50 projects through the States' approval of a deviation request. The City is currently in the process of working on a deviation request with the State to transfer $100,000 to this project to cover current and projected costs. Staff recommends the approval of a Construction Contract (Attachment 2) with STL Landscape, Inc., in the amount of $188,000 and approval of a Construction Contract (Attachment 3) with Jet Construction, Inc., in the amount of $108,450, contingent on the State approval of the City's deviation request. DISCUSSION/ANALYSIS: The plans and specifications were completed by Dudek and the construction of the project has been broken down into four ( 4) separate bid packages as follows: • Bid Package 1: Conversion of the Marbella Golf Course. • Bid Package 2: Conversion of selected HOA's and City parks. • Bid Package 3: Conversion of additional HOAs, schools, churches, City parks, Caltrans landscape areas, and local business landscapes. • Bid Package 4: Installation of meter service connections for all the locations listed in Bid Packages 1 through 3. The City's Non-Domestic/Recycled Water Master Plan from 2006 identified potential customers to be converted to non-domestic/recycled water. As per the California State Law (California Water Code), whenever non-domestic/recycled water is made available for a landscape account, the landscape customer is required to convert to the use of non-domestic/recycled water. Through the implementation of the Proposition 50 grant funded projects, the City is now able to provide non-domestic/recycled water and convert selected landscape accounts to use recycled water. City staff has been meeting with the HOAs, City park staff in Public Works, and Community Services to share information with them on the project, the process, answer questions, address concerns, and to coordinate work. City staff is also scheduling time to meet with representatives of the schools and churches, Caltrans staff, and representatives of local businesses. City Council Agenda Report October 1, 2013 Page 3 of 4 The City's sources of non-domestic water are the Mission Street Well, the Hollywood Well, and the Rosenbaum Well. The sources of recycled water are an existing connection with the Moulton Niguel Water District (MNWD) and a new connection with the Santa Margarita Water District (SMWD) that will be completed before December 31, 2013. FISCAL IMPACT: The Construction Contract with STL Landscape, Inc. for the recycled water conversions in Package 3 is $188,000. The Construction Contract with Jet Construction, Inc. for the meter service installation is $108,450. CIP 13601 has an approved budget of $1,293,696. In addition staff has proposed a transfer of $100,000 to this project, thereby increasing the total project budget to $1,393,696. The following table details the total project budget, expenditures, and encumbrances of CIP 13601: Total Approved Budget Proposed Transfer In CIP 13603 Costs Incurred through June 30, 2013 Costs Paid through September 11, 2013 Contracted Staff Time (Project Partners) Encumbrance for Package 1-Marbella Golf Course Encumbrance for Design and Engineering Support Encumbrance for Package 2-Homeowners Associations Package 3 Package 4 Available Balance $ 1 ,293,696.00 $ 1 00,000.00 $ (169,802.00) $ (3,055.00) $ (4,895.00) $ (538,000.00) $ (272,942.00) $ (84,000.00) $ (188,000.00) $ (108,450.00) $ 24,552.00 With the proposed transfer of funds, CIP 13601 has adequate funds to approve the proposed agreement with STL Landscape and agreement for Bid Package 4, with Jet Construction. Further, staff has analyzed the remaining budget and found that the balance is adequate to complete CIP 13601. ENVIRONMENTAL IMPACT: A Categorical Exemption was approved and posted for all component projects of CIP 13601. Therefore no additional environmental review is necessary at this time. PRIOR CITY COUNCIL REVIEW: • On April 23, 2013, the City Council approved a Personal Services Agreement with Dudek for preparation of plans and specifications for the Recycled Water Conversion Projects (CIP 13601 ). City Council Agenda Report October 1 , 2013 Page 4 of 4 • On June 4, 2013, the City Council approved the plans for Bid Package 1 of the Recycled Water Conversion Project (CIP 13601) and directed staff to advertise for bids. • On June 18, 2013, the City Council approved the plans for Bid Package 2 of the Recycled Water Conversion Project (CIP 13601) and directed staff to advertise for bids. • On July 16, 2013, the City Council approved a Construction Contract with STL Landscape, Inc., for construction of Bid Package 1 of the Recycled Water Conversion Projects (CIP 13601 ). • On August 20, 2013, the City Council approved a Construction Contract with STL Landscape, Inc., for construction of Bid Package 2 of the Recycled Water Conversion Projects (CIP 13601 ). COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: • On June 4, 2013, the Utilities Commission recommended that the City Council approve the plans for Bid Package 1 of the Recycled Water Conversion Project (CIP 13601) and to direct staff to advertise for bids. • On June 18, 2013, the Utilities Commission recommended that the City Council approve the plans for Bid Package 2 of the Recycled Water Conversion Project (CIP 13601) and to direct staff to advertise for bids. • On July 16, 2013, the Utilities Commission recommended that the City Council approve a Construction Contract with STL Landscape, Inc., for construction of Bid Package 1 of the Recycled Water Conversion Projects (CIP 13601 ). • On August 20, 2013, the Utilities Commission recommended that the City Council approve a Construction Contract with STL Landscape, Inc., for construction of Bid Package 2 of the Recycled Water Conversion Projects (CIP 13601 ). • On September 17, 2013, the Utilities Commission recommended that the City Council approve a Construction Contract with STL Landscape, Inc., for construction of Bid Package 3 of the Recycled Water Conversion Projects (CIP 13601 ). • The Utilities Commission at its October 1, 2013, regular meeting will review the proposed agreement with Jet Construction, Inc., for the construction of Bid Package 4 and staff will prepare a supplemental agenda report updating the City Council of its action. NOTIFICATION: Jet Construction, Inc. STL Landscape, Inc. ATTACHMENT(S): Attachment 1 -Map of areas to be converted as part of Bid Package 3 Attachment 2 -Construction Contract with STL Landscape Attachment 3-Construction Contract with Jet Construction, Inc. ' 1 g ~ ' ~ g. 8 (! ) a ... . . ,-! " * " ~ !- .,· .,, \ '\: , ® JU N I P E R \ ~ \ !? , ~ I ·"" ' " < ! " v.{. i ~ ~ : - ..,- ; . - " " ' " ~-. ~·\- " " ,'- , t ' ' :v > "•• . ; o , ; . :: t f " A~,i(sD ! y , ~~. ~ .. -- . MIT C H E L L LA M > "S E E SH E E T Ml - 1 sf.~t < M f t 0 t£ ' ... . L ~g .. i . .. . . . . »>s . st t I! ! SH E ! T S CAL 1- 3 l'S ~I ,.: - / ' ,.. """ .. .· . ~~ . > · I I !'~ - - · '! . ., , ~i;: ~ & # t "'': . · : · 'l , , : / ~; ', .• ~ .~ 1 ~ ~~f"1 ~~~~ ~tt * ,...~ . ?· · · ~ .. . . . . / ~·.:·;:0 ~ : ; . - ~ ... · ·~ * )1 o . _ .. ... . .' '. ' .• '> , • ' " • ... "''~..:" l./ .... • •'_ 1 ' ! 1 ' '• ., .. jlf 1 . KE Y MA P SC A l E : t" ' • S O i t . , .... . ~ 11 -. " ' ' t . . ,_ , _ _ -- - -- - .. - ... -- . ~; .· ;r·· SAN .UAN CREEk SO: SHUTS SJC j'!J . - .¥fill'! "' } .. ·-~~~~~""-.. ,.· I :' ~ .... \ : · ........ · .•~'~'··; ·;._ ... .. , ~~,.,.. '< l c . ';~ .. ·: .: . .. ~(·=·~~··· ~ ; j. . ·:;~ ~,_: r, ·.·/. '• ~rr~ I ·""·qr,.~· ..-· ·; "'-~. -~·.,~ ··t·· ··ft-,.r"•"' ~ ·: :t:.-- 'il • .;' ; - - ;::: f ..... ,_ . , . . C I T Y OF SAN JUAN CAPISTRANO PU B U C WORKS & UTIUTIES DEPARTMENT RECYCLED WATER CONVERSION BID PACKAGE 3 KEY MAP ~· ~I~ ~ ~r ..... ,.. DUDEK 1 6M l1rolnl S&t-1-.... CA 9'lOJ4 160MlSI41,_7W4JlOI"' In - CD , KK, NH I JR. EC I I SHEET li<ia!:ru;;as_~:...:9T"f<\IANDEFIMM-m. ~P.~~u G-3 CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this 18th day of September, 2013, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and STL Landscape, Inc., hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agree~ent between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.3 AGREEMENT B-1 Attachment 2 Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. The Project is described as: Recycled Water Conversions Package 3 as delineated in the Plans and Specifications prepared by Dudek, dated August 7, 2013. Work to include: the construction of irrigation system modification for recycled water conversion, and all appurtenant work. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: CITY OF SAN JUAN CAPISTRANO RECYCLED WATER CONVERSION BID PACKAGE No. 3. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.3 AGREEMENT B-2 Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (1 0) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within ninety (90) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather which exceeds the number of calendar days estimated by the City and set forth in Section 5 hereof; damages caused CITY OF SAN JUAN CAPISTRANO PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 3 AGREEMENT B-3 by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C- 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.3 AGREEMENT 8-4 Section 9. Changes in Project. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (8). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.3 AGREEMENT B-5 E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (8), submit a written statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change therefrom is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. Section 1 0. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of Five Hundred Dollars and No Cents ($500) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.3 AGREEMENT B-6 Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of one hundred eighty eight thousand dollars and zero cents ($188,000) as itemized on the attached Exhibit "A," described as the Bid. Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (1 0%) of the amount of each such progress estimate and material cost until the Final Payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the CITY OF SAN JUAN CAPISTRANO PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 3 AGREEMENT B-7 Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. Within ten ( 1 0) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said CITY OF SAN JUAN CAPISTRANO PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.3 AGREEMENT B-8 prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) CITY OF SAN JUAN CAPISTRANO PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.3 AGREEMENT B-9 above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in th.e execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages; Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel --one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and CITY OF SAN JUAN CAPISTRANO PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 3 AGREEMENT 8-10 the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from CITY OF SAN JUAN CAPISTRANO PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.3 AGREEMENT B-11 whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Workers' Compensation Public Liability, in the form of either Comprehensive General Liability or Commercial General Liability written on a per-occurrence basis Automobile liability, including non-owned and hired vehicles In accordance with the Workers' Compensation Act of the State of California --Minimum of $1,000,000 $2,000,000, per occurrence, or alternatively, $2,000,000 aggregate, separate for this project. $2,000,000 per occurrence City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.3 AGREEMENT B-12 Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (1 0) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (1 0) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.3 AGREEMENT B-13 C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections CITY OF SAN JUAN CAPISTRANO PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.3 AGREEMENT B-14 or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et seq., regarding resolution of construction claims for any claims which arise between the Contractor and the City. CITY OF SAN JUAN CAPISTRANO PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.3 AGREEMENT 8-15 Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: To Contractor: CITY OF SAN JUAN CAPISTRANO City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Keith Van Der Maaten, P.E., Director of Public Works and Utilities Dan Patterson STL Landscape, Inc. 8122 Compton Ave Los Angeles, CA 90001 Signature Page to Follow PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.3 AGREEMENT 8-16 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. !:...TIEST: By: ________ _ Maria Morris, City Clerk E:xhibit: . ,...., . ' h ·· LllU CITY OF SAN JUAN CAPISTRANO CITY OF SAN JUAN CAPISTRANO By:. _________ _ John Taylor, Mayor CONTRACTOFY. L __ ,/ By: ____ _.~-~ PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 3 AGREEMENT B-18 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. ATTEST: By: ____________ _ Maria Morris, City Clerk CITY OF SAN JUAN CAPISTRANO CITY OF SAN JUAN CAPISTRANO By: ____________ _ John Taylor, Mayor CONTRACTOR By: ___________ _ PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 3 AGREEMENT B-17 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 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: Recycled Water Conversion Bid Package No. 3 C.I.P. No. 13601 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 ____ f ______ _ Date ___.~,~L+-'~ ~=...~...~..:..,_.£_( )_ 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 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: _L\ +--1 ~-t-~_1> __ _ FORM U-300 XD8U-300bi<Lwpd Nov 2001 Bidder: ')TL L BID (PROPOSAL) BID FORMS -PAGE 1 EXHIBIT A This is Page 1 of Exhibit B consisting of 3 pages, referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR. BID SCHEDULE CIP NO. 13601 Recycled Water Conversion Bid Package No.3 (Schedule A) NO. ITEM DESCRIPTION 1. Mobilization and Demobilization. 2. City of San Juan Capistrano Public Works Encroachment Pennit & Business License. 3. Coordination and conducting final cross connection test with City, Engineer and OCHCA. 4. Coordinate and conduct site inspection to identifY and eliminate any irrigation overspray onto benches, sidewalks, storm drains and eliminate misting of sprinklers spray on all customer sites. Furnish all labor, materials and equipment to eliminate overspray and misting. 5. Furnish all labor, materials and equipment in order to install and certify a l-inch RPPD. Provide applicable appurtenances in order to make system operational after installation. 6. Furnish all labor, materials and equipment in order to install and certifY a 2-inch RPPD. Provide applicable appurtenances in order to make system operational after installation. FORM IJ-302 UNIT PRICE X091J-302unit wpd Nov2001 UNIT OF EST. UNIT MEASURE QTY. PRICE LS 1 '],(:) 6 oc I ·1Do LS I I o, oo0 LS I _,oo EA 30 ·s/;cP EA 4 ~~ ooO EA 4 ITEM COST 7-01 ()0 0 ~oo to1 ooo ~ ooo I l'-t obO J l-~t obo UNIT PRICE BID SCHEDULE BID FORMS-PAGE 1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 15. Furnish all labor, materials and equipment for installing recycled water tags into meter boxes, main {t, line gate valves, lateral line gate t_..r..f1 ooo valves, and quick couplers. EA 1,500 16. Furnish all labor, materials and equipment for installation of valve box nameplates on top of all recycled water "green" main "S s, z_SO line gate valve boxes, lateral line .-?,.~ gate valve boxes, and quick couplers boxes. EA 1,410 17. Furnish all labor, materials and equipment for installing potable water tags into meter boxes and (to f G;oo RFPD's. I EA 100 18. Furnish all labor, materials and equipment for installing .!!.!!.!!:: potable water tags into meter ~~ I 1'2.o boxes, main line gate valves, lateral line gate valves, RPPD's I and quick couplers. EA 70 19. Furnish all labor, materials and equipment for stamping (i.e. hot 1 cfoc branding) all non-potable water ·L_O main line gate valve boxes, lateral ( line gate valve boxes, and quick couplers boxes. EA 70 TOTAL BID PRICE (Schedule A) :$ __ ...!.(_.J.§..c..-=f5"-fr''--.:0::...=.t:J_O __________ _ 0 !0{ J.± ll'c-J-:J ~ :> '-1 6 H"/j' FORM U·302 UNIT PRICE X09lJ.302unit.wpd Nov 2001 Dollar amount in written fonn UNIT PRICE BID SCHEDULE BID FORMS -PAGE 3 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) County of L.o5 fxt-JG. fi.M.-.S ) ss. ) , being first duly swam, deposes and says that he or she is "5>6:..L-(l.,s':.-~ of -$11.-Lj>ctJI{)XM~;II_x_• , 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 coli usive 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 m ber or agent thereof, to effectuate a collusive or sham Bid. FORM U-480 11U-480coL wpd Aug 2001 Bidder By Title Organization __ 7"'-~-=-' -=---='--:;_;_~...;._..:::1()__.5'-(/-· ..:...kf_"f."'"'__...'+t __,_1-'-N~'-~ Address ~ J "2.-2.. LD"' P fl>.,j k-1 <-- NON-COLLUSION AFFIDAVIT BID FORMS -PAGE 5 Bond No. 384 BID BONO KNOW AU MEN BY THESE PRESENTS, That __ .=,S.:;;;TL.;;;.....:;;;I.a=n=d.=.s.=.ca:;;.p~o.e=.~ _I;;:;.n;_c;_;,_. ------------------as Principal. and ___ ____:Th=e;;._G;;.;r;;.;a;;,y~I=n=su;;..:;;.;;r;;.;;an~c:....e---'Com:....;..;;...,.P...;;a;;.;;u""y ____ as Surety, are held and firmly bound unto The City of San Juan Capistrano, hereinafter called the "Owner" in the sum of TEN PERCENT .~F TilE -=AM=O:.;:UNT=:........:O:.:F:._..::T:.:HE=..=.B:=ID=-*-**-*-*-*-*-----------------------dollars (not le!!!llhan 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: RQcycled Water Conversion Bid Package No. 3 CIP NO. 13601 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 on the Form of Agreement bound 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 AND SEALED, this _____ 4.:...:t::.::h=-------dey of September , 20-=1=3 __ (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) FORM lt""10 >12U.,. tObona.wpe Ncw:'ntl1 By: The Gray Insurance Colllpany BID BOND (B!D SECURliY FORM) BID FORMS -PAGE 6 State of California } County of Orange on 9-Lf-Zo(J Dale before me, Mary Martignoni -Notary Public Hen! lnHrt Name ana 1liii D1111e OIICilr personally appeared ___ .;:;R.:;Jiyc.=a==n:.......:S-=-.-'Man==tl:::.e~--~;;;;-;~;;:;;;r------------Namelsl of Sliinerts) 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 the 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. Signatu ---------------------OPTIONAL------------------------- Though the information below is not required by Jaw. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reanachment 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: Ryan S. Mantle 0 Individual 0 Corporate Officer-Title(s): 0 Partner-C' Limited C General J!i Attorney in Fact 0 Trustee ::J Guardian or Conservator ::J Other: ________ _ Signer Is Representing: ___ _ The Gray Insurance Company Top of thumb here Signer's Name: _____________ _ 0 Individual 0 Corporate Officer-Title(s): --------- 0 Partner-~ Limited 0 General 0 Attorney in Fact fJ Trustee D Guard1an or Conservator ['Other: _________ _ Signer Is Representing: ____ _ (;t~'@.·(!;(Ol"QtU.-"GC~""'OC'Qt.·•<fX:I.'C(I'CC'¢~"«'<;'(1-'§X,'"'QCXX.'-.OC,"C((.·¢(;:(!0C~'C(..-G<;;.'Uii!?J.'Q<I..-Q:..~~~~~ 02007 Natoonal Notal)' As.'IOCiahon • 9350 0e Solo Ave .• P.O. Box 2402 • Chatswortr. C~ 91313·2402 • www.NationalNotary.org Hem J5907 Reomer. call Toll.f'11K! 1-BO<HI76-6827 r: --~ :i ., I THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY 178977 GENERAL POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint Les M. Mantle and RyanS. Mantle of Fullerton, California jointly or severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, 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 of suretyship executed under this authority shall exceed the amount of$10,000,000. 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 The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26th day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the 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 is hereby authorized to attest to the execution of such Power of Attorney, and to attach 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 signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 12th day of September, 20 II. By: ~ ~ Attest: ~~IH-0 Mark S. Manguno Secretary, Michael T. Gray President, The Gray Insurance Company and Vice President, The Gray Casualty & Surety Company The Gray Insurance Company, The Gray Casualty & Surety Company State of Louisiana ss: Parish of Jefferson On this 12th day of September, 20 II, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President oflbe Gray Casualty & Surety Company, and MarkS. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals ofthe companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies . .......... _. o(j_ t~~!"~.!.!;~!o. ~ / .. ;7 .<>'fM..t-~\'P \ -~ :J :> I I 'il\i : ~•! ~ }•~ Lisa S. Millar, Notary Public, Parish of Orleans \.,~ ~ .... ~4 State of Louisiana \:.t~'i"0-... 'ii, .. ~.. My Commission is for 1 ife ... ,..__,.,:.R1"'~ ~ I, MarkS. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certifY that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 4th day of Sept~ber ~ 2013 i'. ~P#~~ Mark S. Manguno, Secretary The Gray Insurance Company The Gray Casualty & Surety Company =-· ~ l ' :: .. .7, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 -cmeu~OY'rlRan n:fEw 5 e e:zws= H)£7CB¥S?'i!"F"'ftR'muf$1M,i State of California County of 0(cy~ On 9-5-_20 _ } Date before me, -:I:sepb. c.fJ?eader-s !vdn.r:J Fv.£1~c Here Insert Name and fitle of th Officer personally appeared 00\ r. Yg ±:te r .ro ;" ..-...,--,"""-""......_,., e.-A.··,.,_!"rrl JOSEPH C. MEADERS ~ r. :-:-:A,, .. , Commission # 1958528 ~ l-·:-rz::1>:-...,-, • Notary Public -California ~ z ·-~.~...... 0 )> · .;_~. ': 1 range County ;: ._._,_. My Comm. Expires Oct28. 2015 Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose nam~re subscribed to~ithin instrument and acknowledged me that he he/they executed the same in er/their orized capacity(i~ and that by her/t~eir signatur~*f. on the instrument the person(Sl or the ent1ty upon behalf of which the person~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. -----------------------------OPTIONAL_.--------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ____________ _ [; Corporate Officer -Title(s): _______ _ D Corporate Officer-Title(s): ______ _ 0 Partner -D Limited 0 General 0 Partner -0 Limited 0 General Ll Individual D Attorney in Fact 0 Individual 0 Attorney in Fact D Trustee D Guardian or Conservator 0 Trustee 0 Guardian or Conservator []Other: _____________ _ 0 Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ © 2013 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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: r 2. CONTRACTOR'S Telephone Number: (32.-J ) :)fi f.-g 2.oo Facsimile Number. C}Zj) 5tJf _g I£">: ~ E-mail address k• aPJctl· dctn C? :sf!IC41Adsce4aer 11 C..-Ca-•"'1 or I 3. CONTRACTOR'S License: Primary Classification __ .....:~:!:--/ __ .....:4~-------- State License Number(s) _____ q~)<~6::::._.::2-:::.t?=-.:_{ --,------------ Supplemental License Classifications --~C.-......lo'Z=:..'...!..7_1-/....:C..=.:...' .....:0;..__ ______ _ 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety __ ...e::L=-:::Z:.=-S::.....!.~=:;__rJ _______________ _ Address ---~1~'-~-=---'-~=--o-___.~r-.:...!:....:...!....::.....=!.!5.::.c;~-L=----+~~L=-:~:-0-=----'$"':~'1I:~,. !5=.--...::c;;:..:./-=C)=--- ;vL-(...:[/2. JZ>~,) , a q2 e s r Surety Company Agent /2-'r ~ }1..-,. /t-JV ILf__ Telephone Numbers: Agent ( '7J \f) f./At/-Z-7 2..2 Surety (71y..-) <t-'Y I -G 7l L 5. Type of Firm (Individual, Partnership or Corporation): L-6/t~;L.A--,( .:l~ 6. Corporation organized under the laws of the State of: c.A-Lf ?QI<.A.)/ A- 7. List the names and addresses of the principal members of the firm or names and titles of the principal . officers of the corporation or firm: /JGt;Sft!$&;u c..1 A-No G.bt;ll..A-BtLL ~nvJ 4-V<.. t.J:;.f /b.JCG<-c~ (A -1 oa ~ 1 V 'f' Ua c; i o LD?'Ii-6--flru.... c.o ,A-1. f7U .v At's: . U:> 5 & c;.t;·ta; CA '1 ° O?:;J s~~ /JA-cJ p~n....s:;;J @ t2Z. Ct>v--.../'rruv ~ t..vs AwG;lq 04 <7ou~( FORM U-420 x13U-420info.wpd Nov2001 7 BIDDER'S GENERAL INFORMATION BID FORMS -PAGE 7 CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this 1st day of October, 2013, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and Jet Construction, Inc., hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO. 4 (METER SERVICES INSTALLATION) B-1 ATI'ACHMENT 3 Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. The Project is described as: Recycled Water Conversions -Meter Service Installation as delineated in the Plans and Specifications prepared by Dudek, dated August 15, 2013. Work to include: the construction of meter services for recycled water conversion, and all appurtenant work. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: CITY OF SAN JUAN CAPISTRANO RECYCLED WATER CONVERSION BID PACKAGE No.4 (Meter Services Installation):. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-2 Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within forty five (45) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather which exceeds the number of calendar days estimated by the City and set forth in Section 5 hereof; damages caused CITY OF SAN JUAN. CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-3 by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C- 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-4 Section 9. Changes in Project. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City-furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-5 E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change therefrom is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of Five Hundred Dollars and No Cents ($500) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-6 Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of one hundred eight thousand four hundred fifty dollars and zero cents ($108,450) as itemized on the attached Exhibit "A," described as the Bid. Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of the amount of each such progress estimate and material cost until the Final Payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-7 Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-8 prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-9 above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages; Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel --one in the amount of one hundred percent (1 00%) of the Contract price bid, to guarantee the faithful performance of the work, and CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-10 the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provis.ions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-11 whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better: Workers' Compensation Public Liability, in the form of either Comprehensive General Liability or Commercial General Liability written on a per-occurrence basis Automobile liability, including non-owned and hired vehicles In accordance with the Workers' Compensation Act of the State of California --Minimum of $1,000,000 $2,000,000, per occurrence, or alternatively, $2,000,000 aggregate, separate for this project. $2,000,000 per occurrence City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-12 Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (1 0) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (1 0) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-13 C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) 8-14 or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et seq., regarding resolution of construction claims for any claims which arise between the Contractor and the City. CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-15 Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: To Contractor: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Keith Van Der Maaten, P.E., Director of Public Works and Utilities Brad Anderson Jet Construction, Inc. 4061 Oceanside Blvd, Suite M2 Oceanside, CA 92056 Signature Page to Follow CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-16 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. ATTEST: By: ____________ _ Maria Morris, City Clerk CITY OF SAN JUAN CAPISTRANO By: _____________ _ John Taylor, Mayor JET CONSTRUCTION, INC By: ___________ _ Bradley Anderson, CEO CITY OF SAN JUAN CAPISTRANO AGREEMENT PROJECT NAME: RECYCLED WATER CONVERSION BID PACKAGE NO.4 (METER SERVICES INSTALLATION) B-17 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 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: Recycled Water Conversion Bid Package No. 4 C.I.P. No. 13601 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 Au«;. za, 2..013 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 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: sfpr; FORM U-300 X08U-300bid. wpd Nov 2001 1. 2()13 , Bidder. J';_, (J/tJS~C.//CJ,..J J IJ~ sy[PJ ~/S 'cs(}..dD4-= Title: ___ _.J.C:::::..E.""',_a~------------------ BID (PROPOSAL) BID FORMS -PAGE 1 EXHIBIT A This is Page 1 of Exhibit B consisting or 2 pages, referred to in and made a part of the AGREEMENT between the OWNER and the CONTRACTOR. BID SCHEDULE CIP NO. 13601 Recycled Water Convenion Bid Package No. 4 (Schedule A) NO. ITEM DESCRIPTION I. Mobilization and Demobilization. 2. City of san Juan Capistrano Public Works Encroachment Penni! & Business License. 3. Furnish and iJJStall new 1.5-inch or 2-inch service laterals at the locations shown on Sheet C-I and per Sheet D-1 and City Standard Details W-2 and W-81ocated on SbeetD-2. 4. Furnish and install new meter boxes per City Standard Detail W-21ocated on Sheet D-2. 5. Furnish all labor, materials and equipment to disconnect and abandon l.S-inch service. Furnish and install three bronze plugs per abandoned service. Disconnected meters shall be relocated to new service for same account. 6. Furnish all labor, materials and equipment to disconnect and abandon 2-inch service. Furnish and install three bronze plugs per abandoned service. Disconnected meters shall be relocated to new service for same account. 7. Furnish all labor, materials and equipment to install the relocated 1.5-inch meter. Provide applicable appurtenances to make system opemtional after installation. FORM U-302 UNIT PRICE X09U·302unllv.pd Nov2001 UNIT OF EST. UNIT MEASURE QTY. PRICE LS I $5400.00 LS I $4100.00 EA 8 $4500.00 EA 8 $575.00 EA 3 $750.00 EA 5 $800.00 EA 3 $750.00 ITEM COST $5400.00 $4100.00 $36000.00 $4600.00 $2250.00 $4000.00 $2250.00 UNIT PRICE BID SCHEDULE BID FORMS -PAGE 1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 8. Furnish all labor, materials and equipment to install the relocated 2-inch meter. Provide applicable appm1enances to make system operational after installation. EA 5 $1800.00 $9000.00 9. Furnish all labor, materials and equipment to install and certifY a 1.5-inch RPPD. Provide applicable appurtenances to make system operational after installation. EA 3 $1500.00 $4500.00 10. Furnish ali labor, materials and equipment to install and certifY a 2-inch RPPD. Provide applicable appurtenances to make system operational after installation. EA 3 $1600.00 $4800.00 Jl. Furnish all labor, materials and equipment downstream of the new RPPDs to the Point of Connection to the irrigation system. EA 6 $750.00 $4500.00 12. Fumish and install all warning tape and identification on the new service laterals, abandoned service laterals, relocated meters, RPPD's and downstream LS 1 $2000.00 $2000.00 13. Furnish all labor, materials and equipment to repair all landscaping, in kind. LS I $8050.00 $8050.00 14. Furnish all labor, material and equipment to repair aU concrete and asphalt surfaces, including streets, sidewalk, and curbs. LS 1 $17000.00 $17000.00 TOTAL BID PRICE (Schedule A) :$ One hundred eight thousand four hundred fifty dollars ($108,450.00) FORM U-302 UNIT PRICE X09U-302unitl\pd Nov2001 Dollar amount In written form UNIT PRICE BID SCHEDULE BID FORMS-PAGE 2 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, at 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 ofthe 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. Work to be Performed 2 ____________________ _ 3. __________________ ___ 4 ____________________ _ 5 ____________________ __ 6. ____________________ _ ? ____________________ __ 8. ____________________ _ FORM U-430 10U-430subs.wpd Aug 2001 Contractor's License Number Subcontractor's Name & Address LIST OF SUBCONTRACTORS BID FORMS -PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) County of .SA.kJ V1 E~ 0 ) ss. ) 1,3jzftPLej 6 .£J,vo US<I,.) being first duly sworn, deposes and says that he 8f-6he is fEe of c:k-r (jAJsrtWbJo,./ k_ . 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; thatthe 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. FORMU-480 11U-480col.wpd Aug 2001 Bidder By Title Organization ;fir ~!UJ772-u CT74N / A/C J-ftJ(r;l Ot!E/tN5;»£ PJ-rD ?T£ M2-Address 1PtEIIN~;D~ ~A tju5(p NON-COLLUSION AFFIDAVIT BID FORMS -PAGE 5 BID BOND KNOW All MEN BY THESI: PRESENTS, That Jet Construction Inc. as Principal, and _H_u_d~so_n_In_s_ur_a_n_ce_eo_m_p_a_n_v _________ as Surety, are held and firmly bound unto The City of San Juan Caplslrano, hereinafter called the ~Owner" in the sum of ---------- ___ T_e_n_P_e_~_e_nt_(~l_0°_~~)_o_f_th_e_T_o_~_I_A_m_o_u_n_t_Bi_d ________________________ dal~ (no! leas !han 10 peroehl or lhelotal amount of lht1 bid) for the payment of which sum. well and truly lo be made, we bind ourselves, our heirs, execulots, admlnistrarors, succe~sors, and assigns, jointly and severaNy, 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 enlilled: Reo'ycled Water Conversion Bid Package No. ~ 4 CJP NO. 13601 NOW THEREFORE, if said Principal is awarded a Contract by said Owner, and within the time and In lhe manner required In the ''Notice Inviting Bids" and the "Instructions to Bidders• enters into a wrtlten Agreement on the Form of Agreement bound with said Contract Documents, furnishes lhe required Cerllflcates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise It shaN remain In full force and effect. In the event sullls brought upon this Pond by said Owner, and Owner prevails, said Surety shaU pay all costs incurred b'y said OWner In such suit InclUding a reasonable aUorney's fee to be fbced by the court. SIGNED AND SEALED, lhls ~---~3,_.rd=----------day of September • 20...:1:::3 __ (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) I'ORMIJ-.41Q xt2U-<110bond.wpd Nov2.001 ___________ (SEAl) ___________ (SEAl) fj-J _jSEAL) Bifj;J4J {)hj~ ~ll Jet Constructio~ Inc. (Principal) Hudson Insurance Company (Signature) Ryan E. Warnock. Attorney-in-Fact (Signature) BID BOND (BID SECURITY FORM) BID FORMS -PAGE 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego } On S E P 0 3 2013 before me, Janice R. Martin . Notary Public, --------~Da_re_________ -----,n-~--N~a-~o~fN~o-m-~-~~~-V~y-u-it-ap-~-a-~-oo~~~offi-,c-ia-ls-~~,---- personally appeared Ryan E. Warnock ~...... JAN7CE R. MARTIN ~ ,.... • COMM. #1986564 n ~ ~II) NOTARY PUBLIC-CALIFORNIA (')en () • SAN DIEGO COUNTY _. J " . My Commission Ex pores 1 4 0 0 J.UhYl9, 201•6 Place Nota~ Seat Above Narne(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,lj6 whose name(Nb is/lffll subscribed to the within instrument and acknow1.~~.9.ed to me that helflfltllrtff/V executed the same in his/Yfllfltmm authorized capacityf.JJNJJ, and that by his/f1flffmNNI signature(Nb on the instrument the person(Nb, or the entity upon behalf of which the personq$? 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. OPTIONAL Though the information below is not required by Ia~ it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document. Description of Attached Document Title or Type of Document:--------------------------------------------------------- DocumentDate: ------------------------------------Number of Pages:---------------- Signer(s) Other Than Named Above: ------------------------------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: --------------------- 0 Individual 0 Corporate Officer--Title(s): ______________ _ 0 Partner D Limited 0 General ~ Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______ _ Signer is Representing: RI::J'1T THU1.1BDRii'JT J~ S Gt,JER Top of thumb here Signer's Name: ---------------------- 0 Individual 0 Corporate Officer--Title(s): ---------------- 0 Partner 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ________ _ Signer is Representing: RI:-JHT THU\1BPRirH I o= S r,i.ER Top of thumb here BID BOND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESEI"TS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with ofliccs at 100 William Street. New York. New York. 10038. has made. constituted and appointed. and by these presents, does make, constitute and appoint Lawrence F. \1cl\fahon, James Bal!lusare, .Jr., Sarah \tyers, Ryan F.. \Vamock of the Stale of California its true and lawful Attomcy(s)-in-Fact. at New York City in the State of New York. each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, ns Surety, bid bonds for any and all purposes. Such bid bonds, when duly executed by said Attomcy(s)-in-Faet, shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whcreor: HUDSON INSURANCE COMPANY has caused these presents to he of its Executive Vice President thereunto • d, on this 1J.g_ day of Februan· , 20 !1_ _ at New York. New York. Ill!DSON INSlJRA:-ICE COMPANY By~~ Christopher T. Suanz, Exl-.:utivc Vice J>re ident STATE OF NEW YORK COUNTY OF NF.W YORK SS On the~ day of Februao· , 20 _13 __ bclore me personally cam~ Chris depose and say that he is an Executive Vice l'res1dent of lfl!DS0:-1 ISSliRA:\CE COM PAS instrument, that he knows the seal of said Company, that the seal anlxed to •a1d mstrumcnt 1s the the Board of Directors of said ComD811ll.aod that he signed his name thereto by like order ~\11'" '""''" lo.~'~ w.l\ t.H.fU/IA 11~ ~ ..,.; ••••••••• 11; ~ §-•""1.~YP(J.~•· ~ ;::;: 0°-+,V AC:ll>;~o; 00 ~ ~ • ~t,vr~;.y);; • ~ ~ : ~ ~ ·. ~ :::•OJ -~-::. =*: • = E : 01MU&oo75ss ! * : (Notarial Seal) ~ .. .. ~ "i ... : i ~ ·. s~LIJ'la>~~ ·~ .. !':>~ ~ ... .. ~ ~ STATE OF NF.W YORK ~~ "•••••" •{/;\,~"' COU:'IITY OF NEW YORK 111'111~\\\\.'~ The unders1gned Dina Da•kMiakis hereby ccrtilles· Qualified in Nassau COLmty Commission Expires December I 0, 2013 CERTIFICATION Til AT the original resolution, of which the lollowing IS a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27 ... 2007, and has not since been revoked, amended or modified· "RESOLVED, that the President, the Executive Vice !'residents, the Senior V1ce Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents. or attorney or attorneys-in-fact, for the purpose of carrying on this Company's surety bus mess, and to empower such agent or agents. or auorney or attorneys-tn-fact. to execute and dehver. under this Company's seal or otherwise, bonds obligations, and recognizances. whether made by thts Company as surety thereon or otherwise, indemnity contnlcts, contracts lllld certilicatcs, and any and all other contracts and undertakmg made in thc course of th1s Company's surety business, and renewals. extensions, agreements. waivers. consents or stipulations regarding undertakmgs so made: and FURTH~:!~ RESUVLED. that the sognature of any such Oniecr of the Company and the Company's seal may be allix~d by facsimile to any power of attorney or ccnificauon given for the execution of any bond, undertaking. rccognl7.ancc. contract of mdemnuy or other \IT I !len obhgat1on in the nature thereof or related thereto. such sognaturc and seal when so used whether heretofore or hereafter. bemg hereby adopted by the Company as the original stgnnture of such ollicer and lhc original seal of the Company, to be valid and btndtng upon the Company with the same force and effect as though manually otroxcd .. Til AT the above and lorcgomg is a fltll. true and correct copy of Power or Attorney issucd by swd Company, and of the whole of the origmal and that the satd l'o\ler of Attorney 1s st1ll 111 full force und cfi'cet and has not been revoked. and furthermore that the Resolution of the Ronrd of Directors, set fonh in the said Power of Attom.:y 1s nO\\' 111 forl!c 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. 2. 3. 4. 5. 6. 7. BIDDER/CONTRACTOR'S Name and Street Address: Jir CoAJS-r JZI/CTJCJIJ I~ OC£tWS1DE 1 CA 92o5~ CONTRACTOR'S Telephone Number: ( ?~0) 547· 234.0 Number: (7bO ) 54-7-234 5 E-mail address b"'-.Q.... Jsrl"-lC.... · e_.a M Facsimile CONTRACTOR'S License: Primary Classification ----"A:..._-___________ _ State License Number(s) ~(Q:;...'l_5=-0---==5~fl=-=--------------- Supplemental License Classifications ---=1:>=-----·-· ---------- Surety Company Agent R:){ArJ E. Wtt3124\JO C.f_ Telephone Numbers: Agent ({o)Gf ) aqq .. ~<137 Surety({olq) Btf't-3/~ 3 7 Type of Firm (Individual, Partnership or Corporation): I:.AI2J?t712-fh!OrJ Corporation organized under the laws of the State of: --~-ftL __ J...;..Fo_ILN __ J_/'_ .. ____ _ List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: ~~LEy s . A 1<./0~o,.J Ce-o 8"fLJ27 M J Lfu.xJ 62o. ;-""TGIYle.~"·)(..A I r p.. -------------J-'3259 \ FORM U-420 x13U-420info. wpd Nov2001 BIDDER'S GENERAL INFORMATION BID FORMS -PAGE 7 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. Owner DEPT: oFTJ-1~ NAv 'I Address f'fi..M e PE:.NOLE.j?)rJ Contact JJ'm ~E,.j Class of work /NSTftJI tJ.JA\~A.. fifiN9 JEjJTf'J~ 2. 3. Phone ~ '-1 ~It; -0 5oO Contract amount I tf 7, Ljt, /. ~ ' Project(_) Date completed 7· /() • Z6.J3 OwnerDEPr.D~-n/eNAr'y Address ~p i?av6)LmrJ Contact .J:i& ~W6~i 7 . Class of work VNDW~I)()UN(i) fto:>t~ Phone &5~ .qr"-0500 Contract amount 2../3 9oo.-. ~ Project(_) -Date completed :2.· Lt ~ :20 1'3 Owner J?Efro~ 1\)Avy Contact St!.IJTT g£f1etj~L Phone c85EJ 49/o-0 5CJO Project(_)-------- Axldress /&JJr foJLJA ~~ 31\<£ Class of work INS!ltJI New' &-v&EY2-LJPr Sr. Contract amount /Q 1; 70 '-/. 0.! Date completed t..f· Zt, · 2CJt3 10. List the name and title of the person who will supervise full-time the proposed work for your firm: __ f-tlf¥2-L£5 "..S TEJ/ G ''A..! {;US 11. I~ tUII-time supervisor an empleyyee p 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. FORMU-420 x13U-420inlo.wpd Nov 2001 ***** BIDDER'S GENERAL INFORMATION BID FORMS -PAGE 8 Bids Opened Project Title Bid Opening Report _S_e_,p'-t_em_b_e_r 5--'''-2_0_1_3 ___________ at 2:00 p.m. Recycled Water Conversion No. 4 CIP 13601 Project Engineer Eric Bauman -'-~-'-~~-'------------Pre Bid Estimate _,$;;b;9=5;,6.0=0=0=.0=0=------ 1. 2. 3. 4. 5. 6. 7. 8. Sign Bidder Bid Amount Bid Bond/Addenda? Jet Construction, Inc Cl~ cc: City Clerk Staff (3) Project Department (3) $ D2· \On/-iS:'. $ $ $ $ $ $ $ Date ~ I I I q~s~\~ .. \ The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. ''1 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on June 7, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: August 8, 15,2013 "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 Signature Capistrano Valley News 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on June 7, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: August 8, 15, 2013 "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 Signature Capistrano Valley News 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO: FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED PROOF OF PUBLICATION: DATE: July 31,2013 0041125000 AUGUST 8, 2013 AUGUST 15, 2013 NOTICE INVITING BIDS-RECYCLED WATER CONVERSIONS PROJECT-PACKAGE 4 (METER SERVICE INSTALLATION) C.I.P. No. 13601 Please fax to: City Clerk's Office, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 fax (949) 493-1 053 telephone (949) 493-1171 Date of Bid Opening -09/05/2013 Date(s) notice published Date affidavit received Date notice posted in designated posting places -08/08/2013 08/15/2013 -08/08/2013 \fv\ VJ\ NOTICE INVITING BIDS RECYCLED WATER CONVERSIONS PROJECT-PACKAGE 4 (METER SERVICE INSTALLATION) C.I.P. No. 13601 Notice is hereby given that sealed bids for RECYCLED WATER CONVERSIONS PROJECT-PACKAGE 4 (METER SERVICE INSTALLATION) (C.I.P. No. 13601) will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2:00p.m. on Thursday, September 5, 2013 at which time they will be opened and read aloud. A set of paper Contract Documents will be available by 4:00 pm on August 8, 2013 and may be inspected without charge at the Utilities Department, City of San Juan Capistrano, 32450 Paseo Adelanto, San Juan Capistrano, CA 92675. Electronic sets of said Contract Documents will be avail le to be viewed online after 4:00 pm on August 8, 2013. Copies of Plans and Speci icati ns may be purchased from Coastal Blue, Corp., 33091 Calle Perfecto, San Capistrano, CA. 92675, (949)240-9911, www.coastalblue.com. For more inf ion, please contact Eric Bauman, Utilities Engineer at (949) 487-4312. Dated: July 31, 2013 20 "d ltW::H 20'd NOnCE IIIVI11N8 BIDS RECYCLED WATER COIIVEIISIONS PRO.IECT· PA«*A&£4 (ME'T'ER SERVICE UISTAI.LAnGN) C.I.P. No. 13&0t w~fE;~e co~~~~l(lJNsn pw~E~~ p~~CiE R:?~~~~g SERVICE INSTALlATION) (C.I.P. No. 13601) will be rece1ved at toe office of the City Clerk of the City of San Juan Capi- strano, Cal~crnia, until 2:00 p.m. on Thursclaw, Sep· tember 5, 2013 at whoch time they will be opened and read aloud A set of paper Contract Documents will be available by 4:00 pm on August 8, 2013 and may be inspected wrthout charge at the Util~ies Oepa<trnent, Cltv of San .;uan Capo- strano. 32450 Paseo Adelanto, San Juan Capistrano, CA 9267~. :Oiect:oniC se;s of said Contract Documents will be available to be voewed online after 4:00 pm on August 8. 2013. Copies of Plars and SpecificatiOns may be pur-cnasec from Coastal Blue. Corp., 33091 Calle Perfecto, San Juao Capistrano, CA. 92675, (949)240-9911, www.coastalblue.com For more information, please con- tact Lnc Bauman, ·Jtilrt1es Engineer at (949) 487-4312. Dated JJI'{ 31. 2013 _}${MAlliA MORRI5 __ IMRIA MORRIS, CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORN L6. PubliSh: Capistrano Val lev N-s Aug 8, 15, 2013 9692011 MAN~'-/- A'D -t1 Gtb 4 '2_0 I I <3~~ S ~lIs ~ )De; _f..oD SC::TT D02-T0-9nl::J CITY OF SAN JUAN CAPISTRANO DOCUMENT TRANSMITTAL FORM This form is for the transmittal of documents for signature. (e.g. Agreements, Contracts, Deeds, Easements) ~J.--1?:~/.o Date: {J./" _~ _~ Agenda Item No. (if Applicable):_--"'<!:::!_'----'/~ l __ City Council, SJCHA or SACRA Meeting Date (if applicable): __::_/c_O_r--"-o----'~'----"'--------'/'----____J-7 ___________ _ Brie 1 f description of d , ument and/or services p~ovided: T/lm/&/zd'() c?l aek-""5 .;:v- i-_, A-('e c c~ Co u 1< J7l 0 YJ - Please sign each original of the attached document, where indicated and circulate in the below route order as applicable (Please note the procurement limitations below). When the document is fully executed, the City Clerk will provide a signed copy to the submitting department and to the Financial Services Department (when applicable), and will mail a signed original to the contractor/consultant. Step 1 0 Purchasing-For Procurement Contracts/Agreements (if applicable) CJ $3,000 or less-(Department Head's Authority-No Purchase Order Required-STOP-further routing not necessary) CJ $3,001 -$10,000-(Department Head's Authority) D $10,001 -$45,000--(City Manager's Authority) D $45,001 or over-(City Council Approval Required*) *Date of Council Approval or Resolution No. CJ Public Contracts $45,000 or less-(City Manager's Authority Required) __ _, __ S-Public Contracts over $45,000-(City Council's Authority Required*) *Date of Council Approval: /0' I, ( ) Resolution_ No. Step 2 0 Department Head Step 4 D Finance or 0 Approved D Not Approved D Not Applicable J-',1 ., I! /, Director's Initials/Date _ !-11_ _ _j(!-1-/_J/)_ D Funding Available D No Funding A vail able 0 Budget Amendment Required Step 3 fS?'City Attorney Approved ,1/" Jt].k-{/V'{;)'f-0./0.f)) Not Approved SRe_, F:rjTIJJA/f/ CJ Not Applicable C}'1-Cr/J1 !rd.f City Attorney's Initials/Date _____ _ Notes: __________ _ Finance Initials/Date _____ _ Step 5 D City Manager I::: nol--~rrcv( 0Approved 0Denied City Manager's Initial's/Date: ____ _ Step 6 bZf Insurance Requirements (if applicable) *Mark the requirements included in the attached document. Commercial/General Liabilityn If ~ CSZ1 Auto Liability ~ UProfessi~l/Errors and Omissions fv f'-...;- 0 Public Works Contracts-Labor/Material & Performance Bonds-fv Step 7 0 City Clerk (For Final Routing) Approval Process Completed -Copy of Contract Transmittal Form with documents forwarded to FS Department or back to the originating department as appropriate. D Denied-Returned to submitting de artment. vY\~\ r' . . c\ • City Clerk's Initial's at--......~~-"""----\-'-"---L"----'-- Page I of2 1. Contractor/Consultant Name: Je.--t Cu~!/!Vc.~ill1 ,]11 c ' 2. --, Business License*: 0 Yes IS{No License Number: --~Date ofExpiration __ ..,.-- *lf work is performed ~n the City, a Business License is required. 14/ojJtc_ ';;;T,/;if'!ty .;:;flc:; c)1,z v/ Contract Amount: $ /01S, LfST) • i 3. 4. Budget Account Number: 2) ~ g L((o[r] ~ (7/0/-/J !J)/ -; ){, 0/ -C)Ou 5. 6. 7. 8. 9. 10. 11. 12. Is this a standard City contract? ~Yes 0 No If no, explain: Are two original contracts submitted?,§' Yes 0 No If no, explain: I //1 '--/e_;1 f'1 );'IE Contract Date: t$ol'u;( !0.2 o/) Expiration Date: 4p{t?f: )/u, J-0/f 0 JUT!\Jf4_. Insurance Certificate (if applicable) attached: f2f Yes 0 No If no, explain: Purchase (if applicable) Requisition attached:~ Yes 0 No If no, explain: Bid Recap (if applicable) attached: f?e--Cljf'1 dl}: ~ ' W-9 Form (if applicable) attached: DYes [~]Yes 'E:fNo Ifno, explain: 0 No If no, explain: 13. New Vendor Application Form (if applicable) attached)2'"Yes 0 No If no, explain: 14. Does this document need to be recorded? 0 Yes 1:f~( No If Yes, please provide only one original copy. The Financial Services Department will issue a Purchase Order (PO) to the submitting department, once all of the information on this Contract Transmittal Form has been received by finance through the City Clerk's Office. Page 2 of2 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: Jet Construction, Inc. 4061 Oceanside Blvd, Suite M2 Oceanside, CA 92056 Attn: Brad Anderson DATE: October 3, 2013 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Construction Contract-Recycled Water Conversion Package No. 4. SAM ALLEVA TO ROY L. BYRNES, M.D. LARRY KRAMER DEREK REEVE JOHN TAYLOR Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of the agreement. If you have questions related to insurance requirements, please call Christy Jakl, Deputy City Clerk at (949) 443-6310. If you have questions concerning the agreement, please contact Eric Bauman, Utilities Engineer at (949) 487-4312. Enclosed is an original construction contract for your records. Cc: Eric Bauman, Utilities Engineer San Juan Capistrano: Preserving the Past to Enhance the Future ... '-J Pnnted on 100% recycled paper Ci t y of Sa n Ju a n Ca p i s t r a n o I NA M E S AN D AD D R E S S E S OF VENDORS CONTACTED I PU R C H A S E RE Q U I S I T I O N II v.;;; J ~ ; - N ; , _ J A Je t Co n s t r u c t i o n , In c . 40 6 1 Oc e a n s i d e Bl v d , Su i t e M2 Oc e a n s i d e , CA 92 0 5 5 94 6 9 9 67 1 0 1 13 6 0 1 00 0 50 Fu n d De p t . / D i v Ac c t Pr o j e c t Co s t Ce n t e r Fu n d s Av a i l a b l e Pu r c h a s e Or d e r # De l i v e r y 11 3 2 4 0 0 Pa s e o Ad e l a n t o Ad d r e s s Sa n Ju a n Ca p i s t r a n o CA 92 6 7 5 lA Qt y / U n i t I De s c r i o t i o n IU n i t Pr i c e I Re c y c l e d Wa t e r Co n v e r s i o n s Pk g #0 6 , 1 Me t e r s I I $1 0 8 . 4 5 0 . 0 0 !C o n t a c t : I Er i c Ba u m a n ex t . 43 1 2 Su b t o t a l Sa l e s Ta x Sh i p p i n g To t a l Da t e : IZ i f : p . ~ ~ ;o . ; , rj_ _ _ -- - - - - ~ {/ i / ( J I B c B To t a i i U n i t Pr i c e $1 0 8 , 4 5 0 . 0 0 _j_ 10 8 , 4 5 0 . 0 0 $ 0. 0 0 _1 0. 0 0 $ 10 8 . 4 5 0 . 0 0 ! o l t b\~ / / c To t a i i U n i t Price $ 0. 0 0 $ 0. 0 0 $ 0. 0 0 $ 0. 0 0 rp p r o v e d by : Total _i $ _1 $ Date: BUSINESS LICENSE APPLICATION City of San Juan Capistrano RETURN THIS FORM WITH FEE TO: 32400 Paseo Adelanto • San Juan Capistrano, CA 92675 Tel (949) 493-1171 • Fax (949) 493-1053 WWI'/.sanjuancapistrano.org City of San Juan Capistrano Business Ucense Division 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (PLEASE PRIND Business Name Jet Construction, Inc. Phone ( ~) _5_4_7-_23_4_0 __ _ Location 4061 Oceanside Blvd. M2 Oceanside CA 92056 Address Suite' City Stale Zip Mailing Address _s_a_m_e_a_s_a,.,bo"'v-:e-::-------------------:=:-:::--------__..,.~-----,,-.----~=---Address Su~e # City Sial<> Zip Business Ownerffitle Bradley s. Anderson Soc. Sec. No. 558 · 0 7.. ~ '30 ? Z HomeAddress J/XJ'L( /11}Lf)Nb 'jLO. --reMt=..WLA... ~A:_ 9'2.541 (~\ _ _,.69:-;::5·,.-21_o9 __ _ Ad<Jress J Slale Zip H~rne Phone Business is a Osoie Proprietorship D Partnership II' I Corporation (List all officers and titles) E-mail jm@jelinc:com ~€J E?+/Nt. ul"\ BradleyS.AndersonlCEO 3oo'2-7 j\.1/UtNO fZ..f-l., /emEC<.JLA (A 1259l (~\695-2109 ---~N~am=e~/~n~u.-------~~~-2~~~~A~d<J~r~es-=s--~~~~~~~~~~~~--~--~----HomoPhone ----~=---------------------~~------------------------------------<---}_~------Name 1 TiUe Address Home Phone Type of business (Give full description) /UEC HAN! e_(\ L C4t-J~TfNC il ()N Operating date at this location ~ '-:::!_ / 2013 No. of employees 3 If business is located In San Juan, approximate sq. footage of space __ NI_A ___ sq. 11. State Sales Tax No. b.,\(;;)~ E: Federal Employer I. D. No. 33 ~ 0 (, 2.1 3 3 8 State Contractors License No. 695058 State Employer I. D. No. _._/-=8::.....!1'---"Z-:::;,3=-..:;(o~Z.=-----------------------(CONTRACTOR'S LICENSE# REQUIRED FOR VERIFICATION PURSUANT TO AB2823) PLEASE CHECK THE APPROPRIATE BOXES ~=t: brzr:, tjYes [ZJNo Name of previous owner and business--~---------------------------------- Do you plan to solicit? (Requires proof of lax exempt status, list of names, times and locations) Will you be vending from a vehicle? (Requires City Vendor Pem1it} DYes [{]No Will business be conducted In your home? (Requires Home Occupation Permit if In City of San Juan Capistrano) PLEASE INDICATE FEES PAID (Refer to attached fee schedule) Base Fee ______________ , _______________ , __ ................................ .. 171Check If you're Interested in being contacted lYJby the City for business promotions Application Processing Fee .. ~~~9.~!.~f .. C::i.ty_ ..... . No. of Professional Employees ........................................ _o __ X $25.00 No. of Non -Professional Employees .... -................ -... _1 __ X 5.00 No. of Vending Machines ............. .. ..................................... _o __ x No. of Housing 1 Commercial Units .............................. _0 __ x Home Occupation Permit......................... . ..................................... .. 1.00 1.00 No Fee Other (Flat rate) .. ~~-~a.~.~ity __ ~.~~<!.~S.F.._e_(!,(~.~r.S.~~~!.!.c?. .. ~~ .. ~~.~.~l ...................... . Sub Total ........................ -................. . Late Fees (If applicable) .................. . TOTAL AMOUNT DUE. ~ $25.00 $11.30 $0.00 $0.00 $0.00 $0.00 $1.00 $72.30 $0.00 $72.30 Your Business License will be Issued under lhe provisions of Municipal Code Section 3-1.101.Sec. 4, Ordinance 171 requires the City License Collector to add the following penalties for failure to pay a Business License fee when due; fifty (50) percent of the Business License fee on the thirtieth (30th) day of the month following the due date, an addlllonal penally of ten (10) percent shall be added on the 1st day of each month thereafter thai such fee remains unpaid, provided the total amount of such penalty shall not exceed an amount equal to the amount of the Business License fee due. I hereby certify under penalty o perjury that I h e read and understand i abo e statement. Signature:r----q.-..--...L>o.t"-"'-+--b"'-'-'-I.L.----''------------Date: q · q · 2o l '3 ----~OFFICEUSEONLY----~~~----~--------~------------------------~-------------- Recelved by ----------------Date ________ _ o Zoning Approved ________ Denied--------- Receipt# _____ Amount ______ o Cash Reason ___________________________________________ _ SIC Code o Check No. ---- ORIGINAL/ADMINISTRATIVE SERVICE NEW VENDOR APPLICATION FORM Please type or print in black ink. All vendor information must be complete and this application must be signed. A completed and signed W9 form must accompany this application. Business Information Company Name: Email Address: W-1 E:Th.Jt.. t<1 t\1 Website: - & fJ tt>l-f #- Federal Tax ID ~~ .. DiJtl ?38 State Tax ID: /872'.3~~ Number: Social Security ~ ...... ~ Type of Business NEtHftNI~AL- IV ....... tiJIJT1li\C!.T"OiL-Number: Standard Terms /Net30(v{' 12% 10 Net 30 ( Current California Contractors License(s): Type: 14-- Type: __________ ~~~----------------- Type: ____________________________ _ Company Ownership Number: 0 95058 Number: &95()!38 Number:---------- Sole Proprietorship __ Partnership __ Corporation~ Other __ _