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07-0206_ADCON, INC_ContractCONTRACT This contract is made and entered into by and between the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "AGENCY" and ADCON hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the AGENCY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 2006 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the AGENCY pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of the San Juan Capistrano Downtown Directional Way -Finding Signage Program in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. AGENCY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Sp Page 1 of 4 Bids. It is agreed that it would be impractable and extremely difficult to fix the actual amount of damages, and loss sustained by AGENCY, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay AGENCY, as liquidated damages, not in the nature of a penalty, Two Hundred Fifty Dollars ($250) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the AGENCY. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay AGENCY such sum as the Court may judge as reasonable for the legal services of any attorney representing the AGENCY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said AGENCY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by AGENCY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, Page 2 of 4 Cb and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the AGENCY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non -owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/ not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the AGENCY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to AGENCY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the AGENCY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. Page 3 of 4 EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. AGENCY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to AGENCY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of AGENCY, pursuant to Board action, and by CONTRACTOR on the date set before the name of each. Community Redevelopment Agency DATED: L—k1&o THOMAS W. HRIBAR, VICE CHAIRMAN ATTEST: Advertising Concepts, dba ADCON, INC. 1"M&r -Eckman, Principal R. Monahan, Agency Secretary TO FORM: John Shoo Agency Attorney Page 4 of 4 !S-AIA Document A312'm -1984 Performance Bond CONTRACTOR (Name and Address): Adcon Inc. 3725 Canal Drive Fort Collins, CO 80524 OWNER (Name and Address): San Juan Capistrano Community Redevelopment 32400 Paseo Adelanto San Juan Capistrano, CA 92675 CONSTRUCTION CONTRACT Date: February 6, 2007 Amount: $170,655.19 Description (Name and Location): SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America Hartford, CT 06183 San Juan Capistrano Downtown Signage Program BOND No.: 104846896 Date (Not earlier than Construction Contract Date): February21, 2007 Amount $170,655.19 Modifications to this Bond: Fx--] None See Last Page CONTRACTOR AS PRINCIPAL: Adcon SURETY: Travelers Casualty and Inc. Surety Company of America Company:rporate a 1) Company: (Corporate S Signature. inda Gr o Signature: Name and Name and Darlene ICrings Title: President Title: Attomey-in-Fact (Any additional signatures appear on the last page) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Flood and Peterson Insurance, Inc. 4821 Wheaton Drive Fort Collins, CO 80525 970-266-8710 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as wait as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contract, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312--1984. Copyright ® 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:10:58 on 02/20/2007 under Order No.1000267312_2 which expires on 11/l/2007, and is not for resale. User Notes: (2696010454) § 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Section 3.1. § 3I there is no Owner Default, the Surety's obligation under this Bond shall arise after: § 3.1 The Owner has notified the Contractor and the Surety at its address described in Section 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and § 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Section 3.1; and § 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. § 4 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or § 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or § 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or § 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. § 51f the Surety does not proceed as provided in Section 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Section 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: AIA Document A312Ta —1984. Copyright ® 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:10:58 on 02/20/2007 under Order No.1000267312_2 which expires on 11/1/2007, and is not for resale. User Notes: (2696010454) § 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; § 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 4; and § 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. § 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. § 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 12 DEFINITIONS § 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. § 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. AIA Document A3127a —1984. Copyright © 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:10:58 on 02/20/2007 under Order No.1000267312_2 which expires on 11/1/2007, and is not for resale. User Notes: (2696010454) § 13 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY: Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA Document A312^ —1984. Copyright © 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:10:58 on 02/20/2007 under Order No. 1000267312_2 which expires on 11/1 /2007, and is not for resale. User Notes: (2696010454) Payment Bond CONTRACTOR (Name and Address): Adcon Inc. 3725 Canal Drive Fort Collins, CO 80524 OWNER (Name and Address): San Juan Capistrano Community Redevelopment 32400 Paseo Adelanto San Juan Capistrano, CA 92675 CONSTRUCTION CONTRACT Date: February 6, 2007 Amount: $170,655.19 Description (Name and Location): San Juan Capistrano Downtown Signage Program BOND No.: 104846896 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America Hartford, CT 06183 Date (Not earlier than Construction Contract Date): February 21, 2007 Amount: $170,655.19 Modifications to this Bond: FX � None See Last Page CONTRACTOR AS PRINCIPAL: Adcon Inc. SURETY: Travelers Casualty and Surety Company of America Company: (Cgtpor a Seal) Company: (Corporate Seal) Signature: / Signature: Name and Title: Llnda Gregory d Title: Name and Darlene -in-Fa President Attorneyio-Fact (Any additional signatures appear on the last page) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Flood and Peterson Insurance, Inc. 4821 Wheaton Drive Fort Collins, CO 80525 970-266-8710 AIA Document A312--1984. Copyright© 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:10:58 on 02/20/2007 under Order No.1000267312_2 which expires on 11/1/2007, and is not for resale. User Notes: (2696010454) § 1 The Contractor and the Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. § 2 With respect to the Owner, this obligation shall be null and void if the Contractor. § 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and § 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Section 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. § 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. § 4 The Surety shall have no obligation to Claimants under this Bond until: § 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. § 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. § 5 If a notice required by Section 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. § 6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the Surety's expense take the following actions: § 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. § 6.2 Pay or arrange for payment of any undisputed amounts. § 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. AIA Document A312ar —1984. Copyright © 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:10:58 on 02/20/2007 under Order No.1000267312_2 which expires on 11/1/2007, and is not for resale. User Notes: (2696010454) § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) an which the Claimant gave the notice required by Section 4.1 or Section 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 15 DEFINITIONS § 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. § 16 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA Document A312--1984. Copyright © 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:10:58 on 02/20/2007 under Order No.1000267312_2 which expires on 11/1/2007, and is not for resale. User Notes: (2696010454) TRAVELERS Attorney -In Fact No. 217963 POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 001287734 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the Stale of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Connie K. Boston, Donald B. Martin, Chris S. Richmond, Darlene Krings, William C. Bensler, Kelly T. Urwiller, Russell J. Michels, Diane F. Clementson, Valerie R. Partridge, Penny R. Burkard, Anthony P. Stimac, Royal R. Lovell, and Jennifer Winter of the City of Greeley ,State of Colorado ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 6th day of November 2006 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company SL Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company _ 'PTt� �i P1r 983iPi0 at1ta9o57 �P0G;Os.PemRs.NEv.=.AI.aM..n,L,frLjFy1'o� } s3!M.8C7Fs~"LQ'R;1: $A� 11 4, 4 ✓Wayq �in% set" in •. �4.P . LgO t Albm, p 7 By: Gcorg Thompwu. nior /ice Resident On this the 61h day of November 2006 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a,rtr In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. P r0b/L1pS` 58440-8-06 Printed in U.S.A. Marie C. Terreaulr. Notary Public THE RED BORDER THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect. reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman. any Executive Vice President. any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman. any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Pact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Sure,g, ggmpan� qfsAmericaiv Nd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power gttorney�ecated b}sa�dtompanies, which is in full force and effect and has not been revoked. ' IN TESTIMONY WHEREOF, I have hereunto set my hand agd`d the sem of saAd (;kJlppames this 21St day of February , 20 07 ` Kori M. Johann Assistant Secretary GI.SU.I�` e9p2 Og1na NC0A1oaa; uper 1927 �SxO nSEAE0-7 d N les'�s ' q To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www. stpaultravelersbond.com. Please refer to the Attorney -In -Fact number. the above-named individuals and the details of the bond to which the power is attached. 9 CITY OF SAN JUAN CAPISTRANO CONTRACT CHANGE ORDER In accordance with the contract provisions, the following changes in the contract and/ or contract work are hereby authorized and as compensation, the following additions to or deductions from the contract price are hereby approved. Change Order: No. 1, Page 1 of 1 Beginning Contract Date: Feb. 22, 2007 Date: March 5, 2007 Contract Amount: $170,655.19 Project Number 26-65300-4720-R04 This Change Order: $4,960.00 Location: Downtown Directional Signage Adjusted Contract : $175,615.19 ITEM DESCRIPTION OF CHANGES DECREASE IN INCREASE IN No. TO ORIGINAL SCOPE OF WORK CONTRACT CONTRACT PRICE PRICE 1. The addition of 16 trail marker signs as depicted in $4,960.00 change order cut sheet page no. T-01 and message schedule pages 1 -3 attached hereto and incorporated by reference. Change in Contract Price Due to this Change Order $4,960.00 Net Chane in Contract Price $175,615.19 The additional work contained within this Change Order can be performed incidental to the prime work and within the time allotted for the original Contract and any extensions to the Contract Time made by this and all previously issued Change Orders, if any. It is therefore mutually agreed that the number of calendar days extension of time, if any, provided for in this change order is required for the change of work provided herein, and that no direct or indirect, incidental or consequential costs, expenses, losses or damages have been or will be incurred by Contractor, except as expressly granted and approved by this Change Order, and further that the payment under this change order is the final and complete compensation for the subject work. ACCEPTANCE DATE Accepted by Fred P' •, ADCON ��'"""— • Recommended by -; Douglas umhart, Econ. Dev. Mgr. Approved by —T . -j(—(0 Dave Adams, Executive Director n U 0 MEMORANDUM February 22, 2007 TO: Meg Monahan, City Clerk n FROM: Douglas D. Dumhart, Economic Development Manager IJ SUBJECT: Notice to Proceed for Downtown Directional Signage Program The following information is provided for the Notice to Proceed on the above referenced project: Name of contractor: ADCON Address of contractor: 3725 Canal Drive, Fort Collins, CO 80524 Start date: February 22, 2007 Complete in 90 calendar days. Completion date is: May 22, 2007 Amount of contract: $170,655.19 Liquidated damages are $0. CITY OF SAN JUAN CAPISTRANO CONTRACT CHANGE ORDER In accordance with the contract provisions, the following changes in the contract and/or contract work are hereby authorized and as compensation, the following additions to or deductions from the contract price are hereby approved. Change Order: No. 2, Page 1 of 1 Beginning Contract Date: Feb. 22, 2007 Date: May 2, 2007 Contract Amount: $170,655.19 Project Number 26-65300-4720-1104 Change Order No. 1: $4,960.00 Location: Downtown Directional Signage This Change Order: $2,285.50 Adjusted Contract: $175,615.19 ITEM DESCRIPTION OF CHANGES DECREASE IN INCREASE IN No. TO ORIGINAL SCOPE OF WORK CONTRACT CONTRACT PRICE PRICE 1. The addition of eleven new poles per breakdown $ 4,093.30 contained in Exhibit A attached hereto and incorporated b reference. 2. The deletion of four poles per breakdown contained $ (1,807.80) in Exhibit A attached hereto and incorporated by reference. Change in Contract Price Due to this Change Order $ 2,285.50 Net Chane in Contract Price $177,900.69 The additional work contained within this Change Order can be performed incidental to the prime work and within the time allotted for the original Contract and any extensions to the Contract Time made by this and all previously issued Change Orders, if any. It is therefore mutually agreed that the number of calendar days extension of time, if any, provided for in this change order is required for the change of work provided herein, and that no direct or indirect, incidental or consequential costs, expenses, losses or damages have been or will be incurred by Contractor, except as expressly granted and approved by this Change Order, and further that the payment under this change order is the final and complete compensation for the subject work. ACCEPTANCE DATE Accepted by 5-3-07 Fred Pier, ADCON ��� '5--7p—a7 Recommended by Douglas IT Dumhart, Econ. Dev. Mgr. Approved by 1ib...� ZF C, �n�M••� %�% Dave Adams, Executive Director EXHIBIT "A" Change Order No. 2 Additional Poles: V-02-01 - oversize pole $ 99.50 3 . oz V-02-17 $ 487.00 V-02-18 $ 487.00 4 at P-01-02 $ 487.00 P-01-06 $ 487.00 P-01-07 $ 487.00 P-01-08 $ 458.80 M-02-06 $ 275.00 M-02-10 $ 275.00 M-02-11 $ 275.00 M-02-12 $ 275.00 Sub Total $ 4,093.30 Deleted Poles: V-01-07 $ (459.00) V-01-08 $ (459.00) V-02-21 $ (458.80) V-03-05 $ (431.00) Sub Total Total $ (1,807.80) $ 2,285.50 r BID PROPOSAL For the: San Juan Capistrano Downtown Directional Signage Program From: ADCON Inc. Contractor, License No. & Classification To the Community Redevelopment Agency Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 2006 Edition, including all supplements therefore, read the Instructions 4o Bidders, and is familiar with all proposal requirements, and hereby proposed and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: One hundred seventy thousand six hundred fifty-five $170,655.19 Words dollars and nineteen cents* Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the Community Redevelopment Agency and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of ninety (90) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals, given solely as a basis for comparison of bids. It is understood that the Agency does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the Community Redevelopment Agency has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bid who will execute a contract shall be paid into the treasury of the Community Redevelopment Agency as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is Bid Bond Letter s POA (Insert 1 0 cash," cashier's check, certified check or bidder's bond on the forms from aages BB -1 and BB -2 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Travelers - Certificate No: 001287705 Licensed in accordance with an act providing for the registration of contractors -- License No. and Classification [a Signature o.. - (if an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Advertising Concepts, Inc. dba ADCON Inc. Linda Gregory President Mery Eckman Sec/Treas Dated: 1-15-07 3725 Canal Drive, Fort Collins, CO 80524 Business Address Dated: 970-484-3637 Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: 1-15-07 Signature of Bidder Dated: 970-484-3637 Telephone Number " 5 5JC UlY M bk'S UFFXE Fax:949-488-3874 Jar 9 2007 1021 REVISED SCHEDULE QF WORK ITEMS SAN JUAN CAPISTRANO DOWNTOWN DIRECTIONAL SIGNAGE PROGRAM P. 02 Item Approximate Work Items with Unit Unit Price Total Amount Quantity Price (In Figures) ('Written in Words 1. Lump sum. Project layout for the lump sum price of $1 200_o0 dollars. 2. Lump sum Off-street storage of equipment and materials $ for the lump sum price of dollars. 3. Lump sum Abatement of existing signs for the lump sum $9,091.67 price of dollars. 4. Lump sum" Fabrication and installation of signage and $ I sL,,,�es.18 applicable poles for the lump sum price of I dollars. 5. Lump Sum Traffic Control Pian, Encroachment Permit, $9,798.34 and Warning Devices for the lump sum price of i dollars. " Bidders must complete the detailed bid schedule for signage and posts on page 7. Total Bid Price (Enter here and on Page 1) One hundred seventy thousand six hundred fifty-five $ Un H55.19 Words dollars and nineteen cents Figures SCHEDULE OF WORK ITEMS Detailed Bid Schedule for Posts and Simaae Sign Types Quantity Unit Cost New Pole Exist. Pole Total Cost /-01 2 X V-01 2 X V-02 (A) 5 X V-02 (A) 1 X V-02 (B) 8 X V-02 (B) 10 X V-03 (S/F) 1 X V-03 (S/F) 3 X V-03(D/F) 1 X V-03(D/F) 2 X V-04 1 X V-04 4 X V-05 2 X P-01 (A) 3 X P-01 (A) 3 X P-01 (B) 3 X P-01 (B) 5 X M-01 2 X M-02 11 X T-01 7 X Total Signs 76 7 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF ]CAQKIVEMM Colorado ) County of Larimer SS. Mery Eckman being first duly sworn deposes and says that he Is Secretary/ Treasurer of ADCON Inc. the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid; or that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this ge%eral business. DATED. 1-15-07 SIGNATURE On this the 15th day of January 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Mery Eckman , personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is executed it. subscribed to the within instrument, and acknowledge that by his signature he WIT SS my -hand ond official seal. otary lWblic in and for said &tate of Colorado DESIGNATION OF SUB -CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the following listed sub -contractors in making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. if no sub -contractors are listed, all bonds and insurance will be, written in the name of the general contractor only. Item of Work Sub -contractor License Address Phone No. & Classification Signs and Services On Site 10980 Boatman Ave. 1. Installation #624675 C A45 Stanton, CA 90680 714-761-8200 2. C 3. 4. 5. 6. 7. 8. Mery Eckman BIDDER'S NAME'�%, AUTHORIZED SIGNATURE 0 1310 BOND KNOW ALL MEN BY THESE PRESENTS, that we, _Adcon, Inc` as PRINCIPAL. and Travelers casualty and Surety _Companyof America �. as SURETY, hereinafter called Surety, are held and tirmly bound unto the San Juan Capistrano Community Redevelopment Agency, Obligee, hereinafter called Agency, in the sum of $ 107 of the bid amountfor payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, fairly by these presents. TNF CONDITION OF THIS OBLIGATION is such that, whereas the Principal has :submitted the accompanying bid dated January 17��_Y, 2007_, for the construction of _San Juan Capistrano Downtown Directional Signage Program the San Juan Capistrano Community Redevelopment Agency, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (15) days after the agreement has been presented to hire for execution, enter into a written contract with the Agency in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and material men, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall, within sixty (60) days after request by the Agency, pay the Agency the difference between the amount specified in said bid and the amount for which the Agency may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and +•aes. including reasonable attorney's fees, incurred by agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF, the above -bounden parties have executed this instrument order their several seals this ??th day of __January _ 2007, the name and corporate seal of each corporate party being affixed hereto and these presents duty signed ?v +s rnc!ersigne,� representative pr..rrsuant to authority of its governing body. Two Witnesses (If Individual) it qJ Corporate Seal ATTEST % tle'_ Witness APPROVED AS TO FORM: JOHN R. SHAW, Agency Attorney AB -2 Adcon, Inc. 01- m io on Title. Travelers Casualty and Surety Company of SURETY America Title:_ Attorney -in -Fac t 0 TRAVELERS Attorney -In Fact No. 017903 POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United Stales Fidelity and Guaranty Company Certificate No. 001287705 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Connie K. Boston, Donald B. Martin, Chris S. Richmond, Darlene Krings, William C. Bensler, Kelly T. Urwiller, Russell J. Michels, Diane F. Clementson, Valerie R. Partridge, Penny R. Burkard, Anthony P. Stimac, Royal R. Lovell, and Jennifer Winter of the City of Greeley , State of Colorado , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seat and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 0th IN WITNESS WHEREOF, the Compgniees have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of November ZZl00 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company SL Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company SlwEr% W6 \M IxSG /P��MSY9y4 �r4lV •NO ,YCdAlJ1 y�1r'.v/ °C 6 n �p+ atardtl _ �faxroN�rep ,pnvanar' gq19��83�pp O 4 I9%% $ '182] ' uAF ,.+ -- r!�� �N xunroao, >y'urcrt'a°�bp I8$I m. „'r�o '(SEAL/ iSBs{.L;e toxx. M� AbI i °yam N �thVl Nrawcc ts.AMi 'ia.•r. 'r+' i nr' wr/AINB' State of Connecticut City of Hartford ss. By: t/ Georg Thompsoa, nior ice Presidem On this the 6th day of NOV@rlll)Br 2006 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TtT rie In Witness Whereof, I hereunto set my hand and official seal. '�W My Commission expires the 30th day of June, 2011. p��lp ; MaC. Tuault. Notary Public �s 58440-8-06 Printed in U.S.A. OF THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Companv, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. which resolution, are now in full force and effect, reading a, follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her: and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Pact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Cgmpany,, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surei�,CpAtpan� O?kmerica. apd United States Fidelity and Guaranty Company do hereby v certify that the above and foregoing is a true and correct copy of the Powera�vAttomeyye9tec9rted by,sa4ompanies, which is in full force and effect and has not been revoked. °' ' IN TESTIMONY WHEREOF, I have hereunto set my hand app in, e� thev@e'a6+ otvs9d�tlittpznies this 17th day of January -2007 w _ 4 ai. Kori M. JohmsoVAssistant Secretary ossuht` tb y1981s++Tr0 d 1 �QPo$R1I1(fl h5n.nu�cwnw c6.. o;,sW1piSr"yB,.P�.�.rO.id.sR."hU. L\J,j'YP •'�Paa P�l hp se+ ®Rij r(,� 927 1 0 'i+4 � Q`V 78Y8A8b '1917 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpauluavelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. SJC CITY MNGR'S OFFICE Fax:949-488-3874 Jar 9 2007 10:20 P.01 Addendum No.1 San Juan Capistrano Downtown Directional Signage � CITY OF SAN JUAN V� CAFISTRAKO'D �Lv Iw CY�u.n. .. ... .. .. YY.p AAAA_. .. .�... ... AAAA . ............ .. AAAA. .. ... ... _.. . .. .. ......... ... ... AAAA I OF SAN MAN CA TRANO Program January 9, 2007 Via FAX and U.S. Mail The following clarifications and revisions to the plans and specifications are promulgated through this addendum: BID ITEM 5 - TRAFFIC CONTROL The contractor shall provide and maintain traffic control devices while working within the public right-of-way, Those provisions of Section 7-10 of the Standard Specifications for Public Works Construction (Green Book) dealing with Public Convenience and Safety, the following requirements are included as contract specifications: All warning and regulatory signs, lights and devices used for the protection of the public on the project shall conform to those described in the current issue of the State of California Manuel of Warning Signs, Lights and Devices for use in performing Work Upon Highways as required by Section 21400 of the California Vehicle Code. Guidelines for the use and placement of these traffic control devices shall conform to the applicable layouts described in the State Manual and in the latest edition of the Work Area Traffic Control Handbook (WATCH) published by Building News, Inc. The contractor shall prepare traffic control plans. All traffic control patterns and plans shall be subject to approval of the City Engineer. The work shall also include providing and installing advance notification signs three days (72 hours) prior to the start of work shown in the plans and specifications that fall within the right-of-way. PAYMENT The lump sum payment for traffic control shall include all work specified and shall include all labor, materials, tools and equipment and no additional compensation shall be made therefore. A signed copy of this addendum along with the revised Schedule of Work items (page 6) shall accompany the bid. Contractor Douglas D. Dumhart Economic Development Manager 32400 Paseo Adelante • San Juan Capistrano • California 92675 (949) 493.1171 as m..a>n,.ry� Wa, SCHEDULE OF WORK ITEMS Detailed Bid Schedule for Posts and Sianaae Sign Types Quantity Unit Costs New Pole Exist. Pole Total Cost V-01 2 $2,502.66 X $5,005.32 V-01 2 $1,104.91 X $2,209.82 V-02 (A) 5 $2,520.87 X $12,604.35 V -02(A) 1 $1,104.91 X $1,104.91 V-02 (B) 8 $2,954.48 X $23,635.84 V-02 (B) 10 $1,424.57 X $14,245.70 V-03(S/F) 1 $2,364.95 X $2,364.95 V-03 (S/F) 3 $890.62 X $2,671.86 V-03 (DIF) 1 $3,024.99 X $3,024.99 V-03 (D/F) 2 $1,550.66 X $3,101.32 V-04 1 $2,136.97 X $2,136.97 V-04 4 $903.80 X $3,615.20 V-05 2 $8,829.08 X $17,658.16 P-01 (A) 3 $2,592.97 X $7,778.91 P-01 (A) 3 $1,091.25 X $3,273.75 P-01 (B) 3 $2,762.00 X $8,286.00 P-01 (B) 5 $1,231.95 X $6,159.75 M-01 2 $7,400.83 X $14,801.66 M-02 11 $1,217.47 X $13,392.17 T-01 7 $495.16 X $3,466.12 76 $150,537.75 AGENDA REPORT TO: Dave Adams, Executive Director �^ FROM: Douglas D. Dumhart, Economic Development Manager CR 2/6/2007 D1 SUBJECT: Consideration of Award of Contract for the Fabrication and Installation of the Downtown Way -Finding Signage Program (ADCON, Inc.)(CIP No. R04) City Council Priority No. 7a. RECOMMENDATION: By motion, 1. Approve the Contract with ADCON in the Amount of $170,655.19 for Fabrication and Installation of the Downtown Way -Finding Signage Program; and, 2. Redirect $40,000 from account no. 26-65300-4740-R08 to account no. 26-65300- 4720-R04 to cover the contract amount. SUMMARY: On July 18, 2006, the City Council adopted Resolution No. 06-07-18-02 approving the Downtown Way -finding Signage Program and directing staff to prepare the necessary plans and specification. On December 5, 2006, the City Council approved the Plans and Specifications for the project and a list of pre -qualified signage contractors. The Plans and Specification packages were sent to all five pre -qualified signage contractors on December 16, 2006, registered mail return receipt. A pre-bid meeting was held on January 3, 2007, to address any questions regarding the plans and specifications prior to receiving sealed bids. Sealed bids were due by 2:00 P.M. on January 17, 2007. The lowest responsible bidder was determined to be ADCON. At this time, staff is requesting the Board approve and award the contract (provided as Attachment 1 to this report) to ADCON in the amount of $170,655.19 for the fabrication and installation of the downtown signage program. BACKGROUND: San Juan Capistrano is a small historic town located directly off Interstate 5. San Juan Capistrano attracts tourists and commuters from all over Southern California and beyond. Due to the amount of traffic coming into San Juan Capistrano, the city has recognized the need for a uniform way -finding sign program. The primary objective is to enhance and complement the City's visual character while providing direction to the traveling public. The way -finding sign program will be Agenda Report Page 2 February 6, 2007 beneficial in improving the flow of vehicular and pedestrian traffic, and reducing congestion by providing direction to the destinations and points of interest. The scope of the project includes signage design concepts that will improve the signage system by making the signs more readable, attractive, and visible. The aesthetically appealing signage from a design standpoint is intended to be both pedestrian and motorist friendly. Abatement Component Part of the signage program's overall effort is to bring clarity to motorist and pedestrian orientation which includes the abatement of existing, duplicate, conflicting, and illegible signage. A total of 24 signs have been identified by Hunt Design and city staff for removal as part of the downtown directional way -finding project and are is included in the bid results. Pre -qualified Signage Contractors The downtown directional signage is a specialized procurement project which requires a supplier whom has the capacity for customization and proven experience for successful implementation. Hunt Designs submitted to the city a list of five qualified fabricators they worked with in the past and believed were qualified to handle this project that were accepted by the City Council during approval of plans and specifications. They included the following: 1. Ampersand. 3400 San Fernando Rd., Los Angeles, CA 90065 2. TFN Architectural Signage Inc. 3411 Lake Center Dr., Santa Ana, CA 92604 3. Architectural Sign Group. 9812 Independence Ave., Chatsworth, CA 91311 4. Architectural Design & Signs, Inc. 2950 Palisades Drive, Corona, CA 92880 5. Adcon. 25217 Via Tanara, Valencia, CA 91355 Bid Results Bidder: Bid Bond: Bid Amount: Adcon Yes $170,655.19 ADS Architectural Designs Yes $178,573.00 TFN Architectural Signage No $148,990.42 Ampersand Signs* Yes $229,216.94 *Bid package discovered in department mailbox after 2:00 pm bid opening. TFN Architectural signs elected to bid the project without bid and performance bonds. Their cover letter states, "We are currently unable to provide our bonding resources at this time for this project as we are currently at a sales volume that exceeds our current bonding aggregate." Thus, TFN Architectural Signage's bid is disqualified and the next lowest responsible bidder is ADCON in the amount of $170,655.19. ADCON's bid is approximately 43% more that the cost estimate provided by Hunt Design. Hunt's cost estimate for the project was a determination of fair market value for Agenda Report Page 3 February 6, 2007 the construction and represented their estimator's best judgment. The accuracy of cost estimates is dependant on various external factors. Unknown elements such as cost of labor, materials, equipment, the contractor's method of determining prices, the competitive bidding or market conditions at the time of bid may produce unusual fluctuations not always represented in the cost estimate. FINANCIAL CONSIDERATIONS: Funding for the design of a Downtown Directional Sign Program was identified in the Redevelopment Agency's Five Year (2005-2009) Implementation Plan. The city's directional sign project was estimated to cost $119,000 by Hunt Designs based on their past project experience. $130,000 in funding was budgeted in account no. 26-65300- 4720-R04 for FY 06/07. An additional $40,000 in funding for this project can be redirected from account no. 26-65300-4720-R08 entitled "LRR Property Acquisition - EIR to account no. 26-65300-4720-R04 to cover the higher than estimated costs. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: N/A NOTIFICATION: All bidders* Hunt Design" Provided with copy of staff report. RECOMMENDATION: By motion, Approve the Contract with ADCON in the Amount of $170,655.19 for Fabrication and Installation of the Downtown Way -Finding Signage Program; and, 2. Redirect $40,000 from account no. 26-65300-4740-R08 to account no. 26-65300- 4720-R04 to cover the contract amount. Res ctfullyyssubmitted, Douglas D. Dumhart Economic Development Manager Attachment 1: Contract CONTRACT This contract is made and entered into by and between the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "AGENCY" and ADCON hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the AGENCY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 2006 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the AGENCY pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of the San Juan Capistrano Downtown Directional Way -Finding Signage Program in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. AGENCY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Page 1 of 4 ATTACHMENT 1 Bids. It is agreed that it would be impractable and extremely difficult to fix the actual amount of damages, and loss sustained by AGENCY, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay AGENCY, as liquidated damages, not in the nature of a penalty, Two Hundred Fifty Dollars ($250) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the AGENCY. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay AGENCY such sum as the Court may judge as reasonable for the legal services of any attorney representing the AGENCY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said AGENCY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by AGENCY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, Page 2 of 4 and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the AGENCY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non -owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/ not limited to contractual period; $1,000,000 injury to more than one personlany one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the AGENCY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to AGENCY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the AGENCY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. Page 3 of 4 EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. AGENCY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to AGENCY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of AGENCY, pursuant to Board action, and by CONTRACTOR on the date set before the name of each. Community Redevelopment Agency . '\193 MARK NEILSEN, CHAIRMAN Advertising Concepts, dba ADCON, INC. Mery Eckman, Principal ATTEST: Margaret R. Monahan, Agency Secretary APPROVED AS TO FORM: John Shaw, Agency Attorney Page 4 of 4 San Juan Capistrano Community Redevelopment NOTIFICATION OF MEETING OF POTENTIAL INTEREST Agency SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY The Board of Directors of San Juan Capistrano Community Redevelopment Agency will meet at 7:00 p.m. on Tuesday, February 6, 2007, in the City Council Chamber in City Hall, to consider: "Consideration of Award of Contract for the Fabrication and Installation of the Downtown Way -Finding Signage Program (ADCON, Inc)(CIP No. R04) City Council Priority No. 7a." — Item No. D1. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, February 5, 2007 to allow time for the Board to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Chairman when the item is considered. You have received this notice at the request of the City staff member Douglas D. Dumhart, Economic Development Manager. You may contact that staff member at (949) 949-443-6316 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancaoistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council -agendas a(�.sanivancaoistrano.org. Meg Monahan, MMC City Clerk cc: ADCON*; Ampersand Signs*; TFN Architectural Singage, Inc*; Architectural Sign Group*; Hunt Design*; Douglas D. Dumhart, Economic Development Manager * Received staff report 32400 Paseo Adelanto San Juan Capistrano California 92675 949-493-1171 3 j mr n0 Immminrnl San Juan Capistrano Community Redevelopment Agency February 8, 2007 NOTIFICATION OF ACTION BY THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY On February 6, 2007 the San Juan Capistrano Community Redevelopment Agency met regarding: "Consideration of Award of Contract for the Fabrication and Installation of the Downtown Way -Finding Signage Program (ADCON, Inc)(CIP No. R04) City Council Priority No. 7a." Item No. (D1). The following action was taken at the meeting: Contract with ADCON for fabrication and installation of the downtown way -finding signage program, in the amount of $170,655.19, approved; and $40,000 redirected from account no. 26-65300-4740- R08 to account no. 26-65300-4720-R04 to cover the contract amount. If you have any questions regarding this action, please contact Douglas D. Dumhart, Economic Development Manager at 949-443-6316 for more detailed information. Meg Mdiphan, MMC Agency S cretary ADCON*; Ampersand Signs*; TFN Architectural Singage, Inc*; Architectural Sign Group*; Hunt Design*; Douglas D. Dumhart, Economic Development Manager 32400 Paseo Adelanto San Juan Capistrano California 92675 949-493-1171 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org TRANSMITTAL TO Mery Eckman ADCON, Inc. 3725 Canal Drive Fort Collins, CO 80524 DATE: February 8, 2007 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 MEMBERS OF THE CITY COUNCIL RE: Fabrication and Installation of the Downtown Way -Finding Signage Program SAM ALLEVATO THOMAS W. HRIBAR MARX NIELSEN JOE SOTO DR. LONDRES USO Thank you for providing 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 this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6309. If you have questions concerning the agreement, please contact Douglas D. Dumhart, Economic Development Manager (949) 443-6316. An original, executed agreement is enclosed for your records. Cc: Douglas D. Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future 0 Primed on 100% recycled paper CRA 12/5/2006 AGENDA REPORT TO: Dave Adams, Executive Director (&t'` FROM: Douglas D. Dumhart, Economic Development Manager SUBJECT: Consideration of Approval of Plans and Specifications and Authorization to Receive Bids - Downtown Way -Finding Signage Program (CIP No. R04 ) City Council Priority No. 7a. RECOMMENDATION: By motion, 1. Approve the Plans and Specifications for the Downtown Way -Finding Signage Program prepared by Hunt Design; and, 2. Authorize staff to receive bids from the list of pre -qualified signage contractors. SUMMARY: On July 18, 2006, the City Council adopted Resolution No. 06-07-18-02 approving the Downtown Way -finding Signage Program and directing staff to prepare the necessary plans and specification. Hunt Designs has now completed the Plans and Specifications in accordance with the criteria established by the approving resolution for the Agency Board of Directors' consideration. At this time, staff is requesting the Board review and approval of the Plans and Specifications; approve a list of pre -qualified contractors, and grant authorization to receive bids. BACKGROUND: San Juan Capistrano is a small historic town located directly off Interstate 5. San Juan Capistrano attracts tourists and commuters from all over Southern California and beyond. Due to the amount of traffic coming into San Juan Capistrano, the city has recognized the need for a uniform way -finding sign program. The primary objective is to enhance and complement the City's visual character while providing direction to the traveling public. The way -finding sign program will be beneficial in improving the flow of vehicular and pedestrian traffic, and reducing congestion by providing direction to the destinations and points of interest identified in the table on the following page: Agenda Report Page 2 ► The Interstate 5 Highway. ► The Capistrano Train Station. ► Mission San Juan Capistrano. ► Downtown amenities. December 5, 2006 ► The Los Rios Historic District. ► The Community Center/Sports Park. ► The San Juan Library. ► Public Parking Lots and Restrooms. The scope of the project includes signage design concepts that will improve the signage system by making the signs more readable, attractive, and visible. The aesthetically appealing signage from a design standpoint is intended to be both pedestrian and motorist friendly. Plans and Specifications Plans and specifications have been prepared in accordance with the programs approving resolution. The plans and specifications have been provided to the Board of Directors in the Mayor's office and are on file at the City Clerk's office for public inspection. Abatement Component Part of the program's overall effort to bring clarity to motorist and pedestrian orientation includes the abatement of existing, duplicate, conflicting, and illegible signage. A total of 24 signs have been identified by Hunt Design and city staff for removal as part of the downtown directional way -finding project. Pre -qualified Signage Contractors The downtown directional signage is a specialized procurement project. The project calls for the fabrication and installation of aluminum street signs which have design features and qualities unique to the City of San Juan Capistrano. The specifications called for in San Juan Capistrano's directional sign program require a supplier that has the capacity for customization and proven experience for successful implementation. Hunt Designs has submitted to the city a list of five qualified fabricators they have worked with and believe qualified to handle this project. They include the following: 1. Ampersand. 3400 San Fernando Rd., Los Angeles, CA 90065 2. TFN Architectural Signage Inc. 3411 Lake Center Dr., Santa Ana, CA 92604 3. Architectural Sign Group. 9812 Independence Ave., Chatsworth, CA 91311 4. Architectural Design & Signs, Inc. 2950 Palisades Drive, Corona, CA 92880 5. Adcon. 25217 Via Tanara, Valencia, CA 91355 Staff is requesting the Agency Board of Directors authorize staff to receive bids from the above list of pre -qualified firms. Agenda Report Page 3 California Environmental Quality Act December 5, 2006 The proposed way -finding signage program has been found to be categorically exempt pursuant to Section 15301 "Existing Facilities" Class 1(c), which deals with operation of existing streets and highways that involve no expansion of use, because signage is proposed in ROW or existing parking lots. A Notice of Exemption "NOE" was posted on June 13, 2006. FINANCIAL CONSIDERATIONS: Funding for the design of a Downtown Directional Sign Program was identified in the Redevelopment Agency's Five Year (2005-2009) Implementation Plan. Funding for the signage and installation has been included in the FY 06/07 budget. An estimated cost breakdown of the recommended way -finding project along with a unit count of signs by type is contained in the table below. Sign Exist. Types Quantity Unit Cost Ext. Cost New Pole Pole Ext. Cost V-01 2 $650.00 $1,300.00 $2,400.00 $3,700.00 V-01 2 $650.00 $1,300.00 X $1,300.00 V-02 (A) 5 $550.00 $2,750.00 $6,000.00 $8,750.00 V-02 (A) 1 $550.00 $550.00 X $550.00 V-02 (B) 8 $900.00 $7,200.00 $9,600.00 $16,800.00 V-02 (B) 10 $900.00 $9,000.00 X $9,000.00 V-03 (S/F) 1 $300.00 $300.00 $1,200.00 $1,500.00 V-03 (S/F) 3 $300.00 $900.00 X $900.00 V-03 (D/F) 1 $600.00 $600.00 $1,200.00 $1,800.00 V-03 (D/F) 2 $600.00 $1,200.00 X $1,200.00 V-04 1 $350.00 $350.00 $1,200.00 $1,550.00 V-04 4 $350.00 $1,400.00 X $1,400.00 V-05 2 $4,500.00 $9,000.00 $9,000.00 P-01 (A) 3 $700.00 $2,100.00 $1,200.00 $3,300.00 P-01 (A) 3 $700.00 $2,100.00 X $2,100.00 P-01 (B) 3 $800.00 $2,400.00 $3,600.00 $6,000.00 P-01 (B) 5 $800.00 $4,000.00 X $4,000.00 M-01 2 $3,500.00 $7,000.00 $2,400.00 $9,400.00 M-02 11 $500.00 $5,500.00 X $5,500.00 T-01 7 $400.00 $2,800.00 X $2,800.00 Total Signs 76 Total Ext. Cost $90,550.00 Installation (All New Signs) $8,500.00 * Post is part of sign fabrication. Removal Abatement $4,500.00 Total Fabrication/Installation $103,550.00 Contingency -1 5% $15,532.00 Grand Total $119,082.00 Agenda Report Page 4 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: N/A NOTIFICATION: Hunt Design' Provided with copy of staff report. RECOMMENDATION: By motion, December 5, 2006 Approve the Plans and Specifications for the Downtown Way -Finding Signage Program prepared by Hunt Design; and, 2. Authorize staff to receive bids from the list of pre -qualified signage contractors. Respectfully submitted, Douglas D. Dumhart Economic Development Manager Attachment 1: Plans and Specifications for the Downtown Directional Signage Project. Attachment 1 Plans & Specifications for the Downtown Directional Signage Project The plans and specifications have been provided to the Board of Directors in the Mayor's Office and are on file at the City Clerk's Office for public inspection. enl Emm�nmm San Juan Capistrano Community Redevelopment Agency NOTIFICATION OF MEETING OF POTENTIAL INTEREST SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY The Board of Directors of San Juan Capistrano Community Redevelopment Agency will meet at 7:00 p.m, on Tuesday December 5, 2006, in the City Council Chamber in City Hall, to consider: "Consideration of Approval of Plans and Specifications and Authorization to Receive Bids - Downtown Way -Finding Signage Program (CIP No. R04) City Council Priority No. 7a." — Item No. B6. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, December 4, 2006 to allow time for the Board to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Chairman when the item is considered. You have received this notice at the request of the City staff member Douglas D. Dumhart, Economic Development Manager. You may contact that staff member at (949) 949-443-6316 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanouancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas(a)sanivancaoistrano.org. Meg Monahan, CMC City Clerk cc: Hunt Design`; Douglas D. Dumhart, Economic Development Manager " Received staff report 32400 Paseo Adelanto San Juan Capistrano California 92675 949-493-1171 Bid Opening Report Bids Opened January 17, 2007 at 2:00 p.m. Project Title Downtown Way -Finding Signs Project Manager Douglas Dumhart Pre Bid Estimate $ 119,000 Bidder 1, ADCON 2 ADS ARCHITECTURAL DESIGNS 3. TFN ARCHITECTURAL SIGNAGE 4. • 5. 7 Sign Bid Amount Bid /Bond/Addenda? $ Date cc: City Clerk Staff(3) Project Department (3) • City Manager (1) The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. January 9, 2007 Via FAX and U.S. Mail Addendum No. 1 San Juan Capistrano Downtown Directional Signage Program The following clarifications and revisions to the plans and specifications are promulgated through this addendum: BID ITEM 5 - TRAFFIC CONTROL The contractor shall provide and maintain traffic control devices while working within the public right-of-way. Those provisions of Section 7-10 of the Standard Specifications for Public Works Construction (Green Book) dealing with Public Convenience and Safety, the following requirements are included as contract specifications: All warning and regulatory signs, lights and devices used for the protection of the public on the project shall conform to those described in the current issue of the State of California Manual of Warning Signs, Lights and Devices for use in performing Work Upon Highways as required by Section 21400 of the California Vehicle Code. Guidelines for the use and placement of these traffic control devices shall conform to the applicable layouts described in the State Manual and in the latest edition of the Work Area Traffic Control Handbook (WATCH) published by Building News, Inc. The contractor shall prepare traffic control plans. All traffic control patterns and plans shall be subject to approval of the City Engineer. The work shall also include providing and installing advance notification signs three days (72 hours) prior to the start of work shown in the plans and specifications that fall within the right-of-way. PAYMENT The lump sum payment for traffic control shall include all work specified and shall include all labor, materials, tools and equipment and no additional compensation shall be made therefore. A signed copy of this addendum along with the revised Schedule of Work Items (page 6) shall accompany the bid. Contractor Douglas D. Dumhart Economic Development Manager Meg Monahan From: Meg Monahan Sent: Wednesday, January 24, 2007 1:17 PM To: Douglas Dumhart Cc: Maria Morris Subject: Agreement for downtown signs Page 1 of 1 Hi, Maria noticed that you did not require worker's comp insurance in the contract. Maybe that's OK? Maybe not? Just wanted to bring this to your attention. Meg Monahan, MMC City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6308 (949) 493-1053 - fax 1/24/2007