1988-0607_MARTIN CONTRAING CO., INC, DOUG_ContractRECORDED AT THE REQUEST OF
AND RETURN TO:
j1 AI
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano
City Clerk's Department7EXCIMPT
32400 Paseo Adelanto i4 Vary Ann ver, City Clerk
San Juan Capistrano, CA 9267 City of San uan Capistrano, CA
NOTICE OF COMPLETION
NOTICE I5 HEREBY GIVEN that a contract was heretofore awarded by the City Council
of the City of San Juan Capistrano, California, to Doug Martin Contracting Co., Inc., for
the performance of the following work:
CONSTRUCTION OF MEREDITH CANYON AND ALTO CAPISTRANO
SLURY SEAL PHASE I
That said work was completed by said company according to plans and specifications and
to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said
work was accepted by the City Council of the City of San Juan Capistrano, at a regular
meeting thereof held on the 2nd day of August 1988 , by Resolution
No. 88-8-2-2
That upon said contract, Safeco Insurance Company of America was surety for the bonds
given by the said company as required by law.
Dated at San Juan Capistrano, California, this 2nd day of August , 1988
Mary Annhover, City Clerk
City of Sa Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City
Council of the City of San Juan Capistrano, California, do hereby certify under penalty
of perjury that the foregoing Notice of Completion is true and correct, and that said
Notice of Completion was duly and regularly ordered to be recorded in the Office of the
Orange County Recorder by said City Council.
Dated at San Juan Capistrano this 2nd day of August , 1988
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
-]200 PM( AUG 9,88
COUNTY
RECORDER
Mary Ann ver, City Clerk
City of Sa uan Capistrano
nCi opyn
CONTRACT
This contract is made and entered into by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as City and Doug Martin Contracting Co., Inc.
hereinafter referred to as CONTRACTOR.
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to
include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond,
the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is
prepared for execution by the City and the Contractor, Plans, Specifications and Special
Provisions, the Standard Specifications for Public Works Construction, 1983 Edition,
including all Supplements, Contract Bonds, Resolutions adopted by the City Council
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 MEREDITH CANYON AND ALTO
CAPISTRANO - SLURRY SEAL PHASE I 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. City agrees to pay, and CONTRACTOR agrees to accept, the lump
sum adjusted for variations of quantities, at the prices designated in bid proposal at the
time and in the manner set forth in the Specifications.
FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR
agrees to begin and complete the work within the time specified in the Notice Inviting
•
Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual
amount of damages, and loss sustained by City, should CONTRACTOR fail to complete
the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated
damages, not in the nature of a penalty, one hundred dollars ($100) 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 City. The Performance Bond shall be for an
amount of one hundred percent (100%) of the amount of this contract and shall be
conditioned on full and complete performance of the contract, guaranteeing the work
against faulty workmanship and materials for a period of one (1) year after completion
and acceptance. The Labor and Material Bond shall be for an amount of one hundred
percent (100%) of the amount of this contract and shall be conditioned upon full payment
of all Labor and Material entering into or incidental to the work covered by this
contract. CONTRACTOR agrees to furnish the bonds on the forms found within the
Specifications.
CONTRACTOR agrees to pay City such sum as the Court may judge as reasonable for
the legal services of any attorney representing the City in any action brought to enforce
or interpret the obligations of this agreement, and such sums shall be made a part of any
judgment in such action against CONTRACTOR if such action is determined in favor of
said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall
provide that the surety shall pay attorney's fees incurred by City in enforcing this
agreement.
SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor
Code of the State of California, copies of the prevailing rate of per diem wages, as
determined by the Director of the State Department of Industrial Relations, are on file
in the offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California,
and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or
any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified
prevailing rates of wages to all workmen employed in the execution of the contract.
SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this
contract liability and property damage insurance naming the City and its elected and
appointed officials as a named insured, which such policies shall be of an amount not less
than One Million Dollars combined single limit. Insurance certificates shall be for a
minimum period of one year.
The insurance policies shall bear an endorsement or shall have an attached rider
providing that in the event of expiration or proposed cancellation of such policies for any
reason whatsoever, the City shall be notified by registered mail, return receipt
requested, giving a sufficient time before the date thereof to comply with the applicable
law or statute but in no event less than 30 days before expiration or cancellation is
effective. CONTRACTOR shall provide to City the policy certificate establishing that
the required level of insurance has been satisfied.
CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and
employees from and against any and all claims, demands, loss or liability of any kind or
nature which Lessor, 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 construction agreement.
EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC
CONTRACTS. City is subject to the provisions of the Government Code and the Labor
Code of the State of California. It is stipulated and agreed that all provisions of law
applicable to public contracts are a part of this contract to the same extent as though
set forth herein and shall be complied with by CONTRACTOR. These include, but are
not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and
CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($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
City, pursuant to Council action, and by CONTRACTOR on the date set before the name
of each.
CITY OF SAN JUAN CAPISTRANO
DATED: June 7, 1988 BY:
LMA R GARY L. HAUSDORF
BY. Doug Martin Contracting Company, Inc.
CONTRACTOR
DouKNatin, President
Dixie Martin, Secretary
ATTEST:
/�
Mary Ann an r, City Clerk'(7 v O
O AS TO FORM:
Jo P P. Shaw, City Attorney
Q
—� 7.
Ll
As set forth in the report dated .August 2, 1988, from the Director of Public Works,
the rehabilitation of Camino Capistrano from Oso Road to Acjachema Street was
completed.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 88-8-2-1. COMPLETION OF C
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
THE CAMINO CAPISTRANO REHABILITATION, OSO ROAD TO
ACJACHEMA STREET (BLAIR PAVING, INC.)
The Resolution accepted the work as complete in the amount of $129,855.32, and
directed the City Clerk to forward a Notice of Completion to the County
Recorder. Staff was authorized to release the 10% retention, in the amount of
$12,985.53, 35 days after recording the Notice of Completion.
N AND ALTO CAPISTRANO
As set forth in the report dated August 2, 1988, from the Director of Public Works,
the construction of the Meredith Canyon and .Alto Capistrano Slurry Seal Phase I was
completed.
Acceptance of Work:
The following Resolution was adopted:
MEREDITH
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
MEREDITH CANYON AND ALTO CAPISTRANO SLURRY SEAL
PHASE I (DOUG MARTIN CONTRACTING CO., INC.)
The Resolution accepted the work as complete in the amount of $19,110.12, and
directed the City Clerk to forward a Notice of Completion to the County
Recorder. Staff was authorized to release the 10% retention, in the amount of
$1,911.01, 35 days after recording the Notice of Completion.
-3-
8/2/88
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION
0 0
August 2, 1988
Stephen B. Julian, City Manager
W. D. Murphy, Director of Public Works
Meredith Canyon and Alto Capistrano, Slurry Seal Phase I - Resolution,
Notice of Completion and Final Report (Doug Martin Contracting)
The construction of Meredith Canyon and Alto Capistrano, Slurry Seal Phase I, has been
completed to the satisfaction of the City Engineer and is ready for acceptance by the
City Council and recordation of a Notice of Completion with the County Recorder.
NOTIFICATION
Doug Martin Contracting
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
Not applicable.
FINANCIAL CONSIDERATIONS
The contract was awarded to Doug Martin Contracting Co., Inc. for $19,110.12, and was
completed for this amount.
ALTERNATE ACTIONS
1. Accept the improvements.
2. Do not accept the improvements.
3. Refer to Staff for additional information.
RECOMMENDATION
By resolution, determine that the work for Meredith Canyon and Alto Capistrano Slurry
Seal Phase I has been completed and declare the work to be accepted; direct the City
Clerk to forward a Notice of Completion to the County Recorder for recording; and
authorize Staff to release the 10 percent retention in the amount of $1,911.01 thirty-five
(35) days after the recordation of the Notice of Completion.
Respectfully submitted,
W. D. Murphy
WDM/BP:nb
�'
0 •
RESOLUTION NO. 88-8-2-2
ALTO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTR.ANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF MEREDITH CANYON AND ALTO
CAPISTRANO SLURRY SEAL PHASE I (DOUG MARTIN
CONTRACTING CO., INC.)
WHEREAS, on the 7th day of June, 1988, the City of San Juan Capistrano
entered into a contract with Doug Martin Contracting Co., Inc., for the Meredith Canyon
and Alto Capistrano Slurry Seal Phase I; and,
WHEREAS, the Director of Public works has evaluated the final quantities and
cost figures and recommends approval.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San
Juan Capistrano, as follows:
SECTION 1. That the work required to be performed by said contractor
has been completed.
SECTION 2. That the total cost of said work is in the amount of
$19,110.12.
SECTION 3. That the work is hereby accepted and approved.
SECTION 4. The City Clerk is directed to forthwith forward a "Notice of
Completion" to the County Recorder of the County of Orange for recording.
PASSED, APPROVED, AND ADOPTED this
of August , 1988.
Z7RY HAUSDQRFFR, MAY QA
ATTEST:
2nd
day
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 88-8-2_2 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 2nd day
of August , 1988, by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, and
Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
(SEAL) 2 /1
M RY ANN H OVER, ITY CLERK
-2-
CONSTRUCTION NOTES:
l& SLURRY SEAL STREETS
U
CITY OF SAN JUAN CAPISTRANO
SLURRY SEAL PHASE I SH
MEREDITH CANYON & ALTO CAPISTRANO 121
•
POEIVED
JUN 15 151 P4 SQA
June 10, 1988
Doug Martin Contracting
P. O. Box 3690
La Habra, California 90631
',mlowroaerzo
�enuem '� 1961
1776
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PH ILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Re: Meredith Canyon and Alto Capistrano Slurry Seal Phase I (Doug Martin Contractin
Gentlemen:
The City Council of the City of San Juan Capistrano at its regular meeting held June 7,
1988, awarded the contract for the Meredith Canyon and Alto Capistrano Slurry Seal
Phase I to your company at $19,110.12.
Enclosed is a fully -executed copy of the .Agreement for your records. We have received
all bonds and insurance. Please return an acknowledged copy of this Notice of Award.
Thank you for your cooperation. If we can be of further assistance, please call.
Very truly yours,
Mary AnnH over, CMC
City Clerk
MAH/mac
Enclosure
cc: Director of Public Works
Receipt of the foregoing Notice of Award is hereby acknowledged:
&
This /y day of ozzlX19 1988.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
0 0
5. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated JUNE 7, 1988, from the Secretary of the Los Rios Review
Committee, regarding actions taken at the meeting of May 26, 1988, was ordered
received and filed.
6. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated June 7, 1988, from the Secretary of the Parks and Recreation
Commission, regarding actions taken at the meeting of May 16, 1988, was ordered
received and filed.
7. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated June 7, 1988, from the Secretary of the Planning Commission,
regarding actions taken at the meeting of May 24, 1988, was ordered received and
filed.
8. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
The Report dated June 7, 1988, from the Secretary of the Traffic and Transportation
Commission, regarding actions taken at the meetings of May 11 and May 25, 1988,
was ordered received and filed.
9. RESOLUTION UPHOLDING APPEA
As set forth in the report dated June 7, 1988, from the City Attorney, the following
Resolution was adopted:
RESOLUTION NO. 88-6-7-1, UPHOLDING APPEAL OF
PLANNING COMMISSION APPROVAL - CONDITIONAL USE
PERMIT 88-1 AVATTAR - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, UPHOLDING APPEAL AND REVERSING
PLANNING COMMISSION APPROVAL OF CONDITIONAL USE
PERMIT 88-1 (AVATTAR)
10. MEREDITH CANYON AND ALTO CAPISTRANO SLURRY SEAL PHASE I -
AIN APF) ng (YIAITP A(T rl(II IC UAOTT Nf (-n KITH %(`TTNIC (`n AA0AKIv C
As set forth in the report dated June 7, 1988, from the Director of Public Works, the
contract for slurry seal of the following streets was awarded to Doug Martin
Contracting Company, Inc., of La Habra, in the amount of $19,110.12:
Paseo de Alegria, Calle Acordarse, Calle de Bonanza, Paseo Briho,
Paseo de Decoro, Via Cascada, Calle Canto, Via Corta, Calle Borrego,
Calle Conejo, Via Banderas and Via de Agua from Camino Las Ramblas
to Calle Conejo.
-4-
6/7/88
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION
9 0
June 7, 1988
Stephen B. Julian, City Manager
W. D. Murphy, Director of Public Works
Meredith Canyon and Alto Capistrano Slurry Seal Phase I
Award of Contract (Doug Martin)
Bids were opened on May 2, 1988 for Meredith Canyon and Alto Capistrano Slurry Seal
Phase I. The bids are valid until June 16, 1988, a period of 45 days from the opening
date.
The following streets will be slurried:
Paseo de Alegria, Calle Acordarse, Calle de Bonanza, Paseo Brillo, Paseo de Decoro, Via
Cascada, Calle Canto, Via Corta, Calle Borrego, Calle Conejo, Via Banderas and Via de
Agua from Camino Las Ramblas to Calle Conejo.
Bids were received as follows:
Doug Martin Contracting Company Inc.
Slurry Seal of California Inc.
$19,110.12
$19,503.05
Staff is recommending award of contract to the low responsible bidder, Doug Martin
Contracting Company, Inc.
NOTIFICATION
All residents will be notified two weeks prior to construction, and again three days
before construction operations begin, by written notice, detailing streets and limits of
work to be done and the hours of work which shall be between 8:00 a.m, and 4:00 p.m.
Streets shall also be posted 36 hours in advance of work, with temporary "No Parking -
Tow Away" signs at 100 foot intervals. These signs shall also state the day of the week,
hours of parking, and contractor's name.
Doug Martin
Slurry Seal of California
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
Not applicable.
A
EItf
Agenda Item • •
June 7, 1988
Page 2
FINANCIAL CONSIDERATIONS
The Engineer's estimate for this project is $20,000. Sixty thousand dollars ($60,000) has
been budgeted in Account No. 12-6900-6710-119 this year and $38,203 was used earlier
this year for the A.C. overlay of Ganado Road, Galano Way and Oro Place. Sufficient
funds are available for the construction project. Phase 11 is scheduled for the next fiscal
year.
ALTERNATE ACTIONS
1. Award the contract for Meredith Canyon and Alto Capistrano Slurry Seal Phase I
to the low responsible bidder, Doug Martin Contracting Company, Inc.
2. Do not award the contract.
3. Request further information from staff.
RECOMMENDATION
By motion, award the contract for Meredith Canyon and Alto Capistrano Slurry Seal
Phase I to the low responsible bidder, Doug Martin Contracting Company, Inc., in the
amount of $19,110.12 and reject all other bids. Authorize the Mayor and City Clerk to
execute the documents on behalf of the City.
Respectfully submitted,
a
W. D. Murphyt
WDM/BP:kjs
CONSTRUCTION NOTES:
1 SLURRY SEAL STREETS
1 CITY OF SAN JUAN CAPISTRANO 1
LMEREDITH CANYONS&LALTO CAP 1 STRANO 1s21
Moecuted in duplicate
Premium $119.00
PERFORMANCE BOND Bond No.5535856
KNOW ALL MEN BY THESE PRESENTS: f
That Doug Martin Contracting Ccupany, Inc.
as Principal, hereinafter called CONTRACTOR, and Safeco Insurance Ca:panv of Amex•ica
as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San
3uan Capistrano, as Obligee, hereinafter called CITY, in the amount ofNineteen Thousand
One 11udred Ten and 12/100 ($19,110.12) Dollars for payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors, and
assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor has by written agreement dated
, entered into a (describe agreement): Construction of Meredith
Canyon and Alto Capistrano - Slurry Seal Phase I
C
which contract is by reference made a part hereof;
NOW, THEREFORE, the condition of this obligation is such that, if Principal
shall promptly and faithfully perform said agreement, then this obligation shall be null
and void; otherwise it shall remain in full force and effect. Surety waives whatever legal
right it may have to require that a demand be made first against the principal in the
event of default.
BE IT FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition to the face
amount specified, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
-20-
0
J
C2. Said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or modification of the contract documents or of the work
to be performed thereunder, shall in any way affect its obligations or this bond, and it
does hereby waive notice of any such change, extension of time, alterations, or
modifications of the contract documents or of work to be performed thereunder.
C
Executed this 11 day of May 19 88 , at
Pasadena . California.
APPROVED AS TO FORM
PRINCIPAL
Doug Martin Contracting Cbnpany, Inc.
(NOTARIZATION AND SEAL)
SURETY
Safeco XInsurance Company, Inc.
(NOTARIZATION AN S AL)
E. S. Albrecht, Jr., ttorney in Fact
-21-
STATE OF CALIFORNIA
COUNTY OF ORANGE
M**NM�N�N
Owly
OFFICIAL SEAL
Marilyn J. Kitt
NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
Commission Expires Feb. 10, 1992
ACxNOMIEOGNENT—OmpmNWl—WMmlls Porn 222CA.x—RW. 5-82
(01982 WOLCOTTS. INC. IMy WK 8.21
)ss.
On this 13 day of May , in the year 19 88,
before me, the undersigned, a Notary Public in and for said State, personally appeared
Dixie Martin, Secretary , personally known tome
(or proved to me on the basis of satisfactory evidence)to be the person who executed the
within instrument on behalf of the Corporation therein named, and acknowledged to me that
the Corporation executed it.
WITNESS my hand and official sea .
Notary Public in and for said State.
ACKNOWLEDGMENT BY SURETY
STATE OF CALIFORNIA
County of Ips Angeles ss
on this
personally appeared
of
in the year 1988 , before me
is
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this
instrument asthp Attorney -in -Fact and acknowledged to me that he (she) subscribed the name of
st
YeCO Insurance Company of America thereto as Surety and his (her) own name as Attorney -in -Fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Se at my office irr}}''tttf aforesaid County, the day and
year in this certificaP1R�pi1l�uMMF,l1LdlAuimm�mmnniPn Q
ot'1�lctnf, sent. O � 0_G d\F 7
LESLEE RIBERA Notary Public
NOTARF PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
Mycommission Expires Sept. 13.1991
S-115] R2 12:85 wwnnwwwquwwiuwwwWWwwwYYwwwYYwu
• POWER IOHOMESAFECOINSURANCECOMPANY OF AMERICA
OF ATTORNEY HOME OFFICE. SAFECOWASHINGTON
PLAZA
SEATTLE, WASHINGTON 98185
SAFECO
No. 6843
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
--------------E. S. ALBRECHT, JR., Los Angeles, California ---------------
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 21st day of September '19 81 .
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any
instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing
extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued
pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation
this 11 day of 7
1,1
Y 19 68
5-1300 R6 3/86 PRINTED IN U S A
C
• Med Preedna rhrrtred for this
ie ;- ., :kat shown
an the Performance Bond"
Executed in duplicate
Bond No. 5535856
Premium Included
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange
County, California, has awarded to Douct Martin Contracting Coimanv, Inc. , License
No. , hereinafter designated as "Principal", a contract for Meredith Cannon and
Alto Capristrano - Slurry Seal Phase I ;and
WHEREAS, said Principal is required to furnish a bond in connection with the
said contract providing that if said Principal, or any of his or its sub -contractors, shall
fail to pay for any materials, provisions, provender or other supplies or teams used in,
upon, for or about the performance of the work contracted to be done, or for any work or
labor done thereon of any kind, the surety or this bond will pay the same.
NOW, THEREFORE, we
Principal, and Safeco Insuran(
held firmly bound unto the Cit)
penal sum of Nineteen Thousat
($19,110.12), lawful money of the United States of Annei
well and truly to be made we bind ourselves, our heirs,
successors, jointly and severally, firmly by these presents.
as surety, are
a municipal corporation, in the
12/100 DOLLARS
•ica, for payment of which sum
executors, administrators and
THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its
heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to
pay for any materials, provisions, provender, or teams, or other supplies or equipment
used in, upon, for or about the performance of the work contracted to be done, or for any
work or labor done thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor as required by the provisions of Title 1,
Division 5, Chapter 3 of the Government Code of California as amended, that the surety
will pay for the same in an amount not exceeding the sum specified in this bond and also
in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the
court. This bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under said act, so as to give a right of action to them
or their assigns in any suit brought upon this bond.
FURTHER, the said surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or modification of the contract documents or of
the work to be performed thereunder shall in any way affect its obligation on this bond
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the contract documents or of work to be performed thereunder.
As a part of the obligation secured hereby, and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
-22-
IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each
C of which shall for all purposes be deemed an original thereof, have been duly executed by
the Principal and surety herein named on the 11 day of ra`
19 88 . The name and corporate seal of each corporate party being hereto affixed and
these presents duly signed by its undersigned representatives pursuant to authority of its
governing body.
C
APPROVED AS TO FORM
Doug Martin Contracting Company, Inc.
PRINCIPAL
Safeco Insurance Conpany of America
SURETY %
By C . /z
E. S. Albrecht, Jr., Atto ey in Fact
-23-
STATE OF CALIFORNIA IOS
County of
on this
personally appeared
ACKNOWLEDGMENT BY SURETY
ss
of May , in the year 1988 , before me
Notary Public
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this
instrument as th Attorney -in -Fact and acknowledged to me that he (she) subscribed the name of
Safeco Insurance Company of America thereto as Surety and his (her) own name as Attorney -in -Fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal at my office`.j� a aforesaid County, the day and
year in this certificate first above
11RIFMI U
pFPICIAL SEAL Or DO 1
LESLEE RIBERA Notary Public
NOTARY VUnub OAIIFVRNIA
•
PRINCIPAL LOS SEfe CO 1N
O"
ICE
EE S COUNTY
s-1157 8212/85 My Commie onE pi sSept. 13,1991
u,lwnlimiilwluui.ii.i.,,,.,«,.wmilulwwwl
STATE OF CALIFORNIA
COUNTY OF
ORANGE
*my
OFFICIAL SEAL
Marilyn J. Kitt
NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
Commission Expires Feb. 10, 1992
H ♦�I�M♦***0
ACKNOWLEDGMENT—CorWMW—Wok t s Fpm 222CA-x—Rev. 5.92
01982 WOLcons. INC. oft cI N 421
}ss.
On this 13 day o1 May , In the year 19—L8,
before me, the undersigned, a Notary Public in and for said State, personally appeared
Dixie Martin, Secretary personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed the
within Instrument on behalf of the Corporation therein named, and acknowledged to me that
the Corporation executed It.
WITNESS my hand and official seal.
Notary Public in and for said State.
POWER OAFECO FILE: SAFECO
COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: WASHINGTON
PLAZA
SEATTLE, WASHINGTON 98185
SAFECO
M
KNOW ALL BY THESE PRESENTS:
6843
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
--------------E. S. ALBRECHT, JR., Los Angeles, Calif
its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
21st day of September , 1983
CERTIFICATE
983
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any
instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing
extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued
pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 11
day of
19 G2
S-1300 R5 3/86 PRINTED IN U S A
5.
6.
7.
B.
9.
10.
cc: City Clerk's Staff (3) Signed
Public Works (3)
City Manager (1) Dated
The above bid amounts have not been checked.
The bid totals are subject to correction after
the bids have been completely reviewed.
141dAA
0
0
B I D
O P E N I N G R E P
O R T
Bids opened
May 2, 1988
at 2:00
alopm
Project Title
Meredith Canyon $ Alto Capistrano
- Slurry Seal Phase
I
Project Engineer
Brian Perry
Pre -Bid Estimate $20,000.00
Bid
Bid
Bidder:
Amount
Bond
1. Doug Martin
Contracting Co., Inc.
Z!
2. Slurry Seal
of California, Inc.
of
3.
4.
5.
6.
7.
B.
9.
10.
cc: City Clerk's Staff (3) Signed
Public Works (3)
City Manager (1) Dated
The above bid amounts have not been checked.
The bid totals are subject to correction after
the bids have been completely reviewed.
141dAA
•
•
Jaen •
776
II11961
1776
ADDENDUM NO. 1
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARYL. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Aprii 7, 1988
MEREDITH CANYON AND ALTO CAPISTRANO
SLURRY SEAL PHASE I
The following changes to the plans and specifications are promulgated through this
addendum.
1. Page 12
Delete Page 12
Add Page 12R which is enclosed.
2. Page 16
Delete Page 16
Add Page 16R which is enclosed.
A signed copy of this addendum shall accompany the bid.
';_k; I i `y» Q2f-,:, �-�-�9 / ��-•-.^ / � /cry-��
Contractor }, W.D. Murphy
Director of Public Works
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
BID PROPOSAL
For the: MEREDITH CANYON AND ALTO CAPISTRANO - SLURRY SEAL PHASE I
From: DOUG MARTIN CONTRACTING COMPANY, INC.
Contractor
To the Honorable City Council
City of San Juan Capistrano
Gentlemen:
The undersigned, as bidder, declares that he has carefully examined the location of the
proposed work as described, examined the Plans, Specifications, Special Provisions, and
the Standard Specifications for Public Works Construction, 1983 Edition, including all
supplements therefor, read the Instructions to Bidders, and is familiar with all proposal
requirements, and hereby proposes 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:
• NINETEEN THOUSAND ONE HUNDRED TEN DOLLARS AND 121100
Words 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 Specifica-
tions or the drawings for the work.
If the contract is awarded, the undersigned agrees to enter into a contract with the City
and to commence work within fifteen (15) calendar days from the date of execution
thereof, and to diligently prosecute the work to completion before the expiration of
thirty (30) 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.
• The estimated quantities of work indicated in the proposal are approximate only being
-3-
given solely as a basis for comparison of bids. It is understood that the City does not
expressly, nor by implication, agree that the actual amount of work will 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 City of San Juan Capistrano has the right to
reject this proposal or to award a contract to the undersigned at the prices stipulated. If
the proposal is rejected, then any check or cashier's check shall be returned to the
undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is
accepted and the undersigned fails to enter into a contract within fifteen (15) days after
the agreement is delivered to him for signature, or within such further time as may be
granted by the City Council, then said check shall be cashed or said bond declared forfeit
and an amount equal to the difference between the lowest bid and the next lowest bidder
who will execute a contract shall be paid into the treasury of the City of San Juan
Capistrano as liquidated damages for the failure of the undersigned to comply with the
terms of this proposal.
Accompanying this proposal is BIDDER'S BOND (Insert
"$109 of Bid cash", cashier's check, certified check or bidder's bond on the forms from
Pages 18 and 19 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:
SAFECO INSURANCE COMPANY OF AMERICA, 8250 Woodman AVe.. Panorama City, Ca.
Licensed in accordance with an act providing for the registration of contractors --
License No. 470131
W
-4-
Signature of Bidder:
CONTRACTING P4 INC.�5
Woug Moug Martin, President
• (if an individual, so state. If a firm or co -partnership, state the firm name and give the
names of all individual co-partners composing the firm: President, Secretary, Treasurer,
•
•
and Manager thereof.)
Dated: May 2, 1988
Dated:
P.O. Box 3690, La Habra, Ca. 90632
Business Address
213 691-9840
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:
Dated:
May: 2, 1988
Doug Martin, president
Dixie Martin, secretary, Treasurer
kV -14 ( "1i) "fi ge Y4
Signature of Bidder
Dixie Martin, Secretary
__ A13 &91-9)0d
Telephone Number
-5-
0
•
0 0
Total Bid Price (Enter here and on Page 3)
10
%/ O, 12, --
Figures
SCHEDULE OF WORK ITEMS
MEREDITH CANYON AND ALTO CAPISTRANO - SLURRY SEAL PHASE I
Approximate
Work Items With Unit Price
Unit Price
Item Quantity
(Written in Words)
(In Figures)
Total Amount
1 L.S.
Mobilization for the lump sum
price of two thousand dollars.
$2,000.00
2 357,205 S.F.
Slurry seall1 for the unit priceof
�6/Ai��l�+•W AVW S&Ve-�J
dollars per square foot.
Total Bid Price (Enter here and on Page 3)
10
%/ O, 12, --
Figures
0
•
•
E
NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA
County of
ORANGE
SS.
DIXIE MARTIN , being first duly sworn deposes
and says that he is _ Secretary_ of Doug Martin Contracting Co., 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 kith any bidder or anyone else to put in a sham bid, or
that any one shall refrain from bidding; that said bidder has not in any manner, directly
or indirectly, sought by agreement, communication or conference with any one to fix the
bid price of said bidder or of any other 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 any one 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 general business.
DATED:
On this the 2 day of April , 19_aL__ before me, the undersigned, a
Notary 'Public in and for said State, personnally appeared
Dixie Martin, Secretary
personally known to
me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s)
subscribed to the within instrument, and acknowledged that
executed it.
PL
WITNESS my hand and official seal.
"#** K*.�♦H♦
OFFICIAL SEAL
arilyn J. Kitt
Y PUBLIC -CALIFORNIA
NCIPAL OFFICE IN
RANGE COUNTY
sion Expires Feb, 10, 1992
.K� K��N ��1r♦-+
-7-
L_J
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
on ly.
• 1.
2.
3.
4
5.
6.
7.
8.
U
Item of Work Sub -Contractor Address Phone No.
DOUG MARTIN CONTRACTING COMPANY, INC.
BIDDER'S NA.b1E
AUTHORIZED SIGNATURE
Dixie Martin, Secretary
10
BOND NO. 4994526
• The'r�mium Charged for this
BID BOND 6s J ''I,r is ieatshown
on tls k,o::i', aid Bond.
KNOW ALL MEN BY THESE PRESENTS, that we, DOUG MARTIN CONTRACTING COMPANY,
INC., La Habra, CA , as PRINCIPAL, and SAFECO INSURANCE COMPANY OF
AMERICA as SURETY, hereinafter called Surety, are held and
firmly bound unto the 34ANF�e4FRANO, Obligee, hereinafter called
TE
City, in the sum of $1MOUNT of THE BlAfor payment whereof Principal and Surety bind
themselves, their heirs, executors, administrators, successors, and assigns, jointly and
severally, fairly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has
submitted the accompanying bid dated May 2 , 19 88 , for the construction
of MERIDITH CANYON AND ALTO CAPISTRANO SLURRY SEAL PHASE I for the
City of San Juan Capistrano, 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 him for execution, enter into a written contract with the City 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 materialmen, or in
41
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 City, pay the City the difference
between the amount specified in said bid and the amount for which the City may procure
the required work and/or supplies if the latter amount be in excess of the former, then
the 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 therefor, there shall be included costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
-18-
STATE OF CALIF9RS I ANCELES
County of LLOO
ACKNOWLEDGMENT BY SURETY
ss
on this 2nd day of MAY , in the year 1988 , before me
TINA DURAND Notary Public
personally appeared E. S. ALBRECHT, JR.
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this
instrument as th A�Wy-in-Fact and acknowledged to me that he (she) subscribed the name of
Insurance Company of America thereto as Sur a his (her) own name as Attorney -in -Fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my 'tial Seal, at y of ice in the aforesai County, the day and
year in this certifi(✓
UF'FIC141. - FAL
TINA DURAND
Notary Public
;� y�"�.•�,. NOTARYPUBLIC. CALIFORNIA
LC ANGELES COUNTY
My Commission Expires Sept. 2, 1988ti
S-1157 R212/85
• IN WITNESS WHEREOF, the above -bounden parties have executed this
instrument under their several seals this 2nd day of MAY_j 19_88., the name and
corporate seal of each corporate party being affixed hereto and these presents duly
signed by its undersigned representative pursuant to authority of its governing body.
Two Witnesses (If Individual)
ATTEST (If Corporation)
Corporate Seal
• ATTEST
L
11
T
Title Dixie Martin, Secretar
DOUG MARTIN CONTRACTING COMPANY, INC.
PRINCIPAL
BY: cT'�174�
Title: Doug Martin, President
SAFFCO TNSIJRAN_CF. COMPANY_ OF AMERICA
SURETY,
BY: , 6
_'_E. S. AI,BRECHT, JR. ORNEY-IN-FACT
-19-
• POWER SAFECO INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: WASHINSAFECOGTON
PLAZA
SEATTLE, WASHINGTON 98185
SAFECO
No. 6843
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
--------------E. S. ALBRECHT, JR., Los Angeles, California ---------------
its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
21st day of September ,1983_.
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appoint Individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any
instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Soh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing
extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued
pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 2nd
19 8E
5 1300 R5 3/86 PRINTED IN U S A
authorized to call for bids. The Engineer's estimate for the projects was $73,000.
Funds were budgeted in Account No. 12-6900-4705-116.
9. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS - MEREDITH
CANYON AND ALTO CAPISTRANO SLURRY SEAL, PHASE I 600.30 <--
As set forth in the report dated February 16, 1988, from the Director of Public
Works, plans and specifications for slurry seal of the southern half of Via de .Agua,
Calle Canto, Via Cascada, Paseo de Decoro, Calle de Bonanza, Calle Acordarse,
Paseo Brillo, Paseo de Alegria, Calle Conejo, Via Corta, Via Banderas, and Calle
Borrego, were approved and staff authorized to call for bids. The Engineer's
estimate for the project was $20,000. Funds were budgeted in Account No. 12-6900-
6710-119.
10. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS - REHABILITATION OF
CAMINO CAPISTRANO/OSO ROAD TO ACJACHEMA STREET 600.30
As set forth in the report dated February 16, 1988, from the Director of Public
Works, plans and specifications for the resurfacing of Camino Capistrano from Oso
Road to Acjachema Street, were approved and staff authorized to call for bids. The
Engineer's estimate for the project was $375,000. Funds were budgeted in Account
No. 12-6900-4703-105.
I1. DENIAL OF CLAIM (JOAN WELCH) (170.70)
The Claim received by the City on January 25, 1988, from Joan Welch, for personal
injuries sustained while riding her bike in the bike lane on Del Obispo at the
intersection of Dana Mesa, was denied, as set forth in the report dated February 16,
1988, from the City Attorney. Defense of the claim will be tendered to Hauschild
Construction, Inc., contractor for the traffic signal modification at the intersection.
12. DENIAL OF CLAIM (PACIFIC BELL) (170.70)
The Claims dated December 16, 1987, from J. W. Jones, Regional Claims Manager,
in the amount of $1,005.85 for damages to 200 pair buried cable at Camino del Avion
and Del Obispo Street on October 8, 1987, and $2,700.00, for damages to 300 pair
buried cable at Camino del Avion and Del Obispo Street on October 6, 1987, were
denied, as set forth in the report dated February 16, 1988, from the City Attorney.
The damage occurred during trenching work for the signal modification contracted
to Hauschild Construction, Inc.
This item was removed from the Consent Calendar at the request of Councilman
Friess for clarification of the extent of the improvements and to highlight that two
more soccer fields would be installed for the next season.
It was moved by Councilman Friess, seconded by Councilman Schwartze and
unanimously carried to award the contract for construction of two soccer fields at
Cook Park to the low responsible bidder, Carlson Landscaping, of Fountain Valley, in
the amount of $79,225.31. All other bids were rejected. The Mayor and City Clerk
-5-
2/16/88
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION
•
Stephen B. Julian, City Manager
W. D. Murphy, Director of Public Works
•
February 16, 1988
&00. 30
Plans and Specifications and Authorization to Receive Bids - Meredith
Canyon and Alto Capistrano Slurry Seal Phase I
Staff is requesting approval of plans and specifications and authorization to receive bids
for the slurry seal of the following streets: the southern half of Via De Agua, Calle
Canto, Via Cascada, Paseo De Decoro, Calle De Bonanza, Calle Acordarse, Paseo Brillo,
Paseo De Alegria, Calle Conejo, Via Corta, Via Banderas, and Calle Borrego.
NOTIFICATION
All residents will be notified two weeks prior to construction, and again three days
before construction operations begin, by written notice, detailing streets and limits of
work to be done and the hours of work which shall be between 8:00 a.m, and 4:00 p.m.
Streets shall also be posted 36 hours in advance of work, with temporary "No Parking -
Tow Away" signs at 100 foot intervals. These signs shall also state the day of the week,
hours of parking and contractor's name.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
Not applicable.
FINANCIAL CONSIDERATIONS
The Engineer's estimate for this project is $20,000. Sixty thousand dollars ($60,000) has
been budgeted in Account No. 12-6900-6710-119 this year and $38,203 was used earlier
this year for the A.C. overlay of Ganado Road, Galano Way and Oro Place. Sufficient
funds are available for the construction of the project. Phase II is scheduled for the next
fiscal year.
ALTERNATE ACTIONS
1. Approve the plans and specifications for Meredith Canyon and Alto Capistrano
Slurry Seal Phase I.
2. Do not approve the plans and specifications.
3. Request additional information from Staff.
ioR Cir i�O(.. NCIL AGEND 6'... ,
�9
• AGENDA ITEM • •
February 16, 1988
Page Two
RECOMMENDATION
By motion, approve the plans and specifications for Meredith Canyon and Alto Capistrano
Slurry Seal Phase I and authorize Staff to receive bids.
Respectfully submitted,
W"v'�nX-'-�
W. D. Murphy
WDMJBP:nb
CONSTRUCTION NOTES:
Io- SLURRY SEAL STREETS
I CITY OF SAN JUAN CAPISTRANO I
SLURRY SEAL PHASE I ISHT1
MEREDITH CANYON 81 ALTO CAP I STRANO 2
AFFIDAVIT OF PUBLICATION
RECEIVED
MAR 25 1 26 ?ul TR
STATE OF CALIFORNIA
County of Orange
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of twenty one years,
and not a party to or interested in the above -entitled
matter. I am the principal clerk of the Capistrano Val-
ley News, a newspaper of general circulation in the City
of San Juan Capistrano, County of Orange, and which
newspaper has been adjudicated to be a newspaper of
general circulation by the Superior Court of the County
of Orange, State of California, June 5, 1984, Case No.
A-122949 in and for the City of San Juan Capistrano,
County of Orange and the South Orange CountyJudicial
District; that the notice, of which the annexed is a true
printed copy, has been published in each regular and
entire issue of said newspaper and not in any supple-
ment thereof on the following dates, to wit:
March 17, 24, 1988
I declare under penalty of perjury that the foregoing is
ture and correct.
Executed at Mission Viejo, Orange County
California,this ...24.... dayof Mar 1988.....
. .........tu.......................
Signature ....
Signature
Capistrano Valley News
23811 Via Fabricante
P.O. Box 3629
Mission Viejo, Calif, 92690
This space is for the County Clerk's Filing Stamp
Proof of Publication of
NOTICE.OF J1M.TING, BID$. MF;REDITH.,..
CANYON AND ALTO CAPISTRKNO SLURRY
SEAL PHASE
X77 -7
_. 1
0
NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS
TO: CAPISTRANO VALLEY NEWS
Jody Kolar, Legal
FOR PUBLICATION ON:
DOCUMENT TO BE PUBLISHED:
PROOF OF PUBLICATION:
AUTHORIZED BY:
c
DATE: March 9, 1988
Date of Bid Opening
Date (s) notice published
Date affidavit received
Date notice posted in
designated posting places (3)
THURSDAY, MARCH 17, 1988
THURSDAY, MARCH 24, 1988
NOTICE INVITING BIDS - MEREDITH
CANYON AND ALTO CAPISTRANO
SLURRY SEAL PHASE I
Please send to:
City Clerk's Department
City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(714) 493-1171
- 5/02/88
- 4/17/88
- 4/24/88
- 31A5/81'
- 4/17/88
0
NOTICE INVITING BIDS
0
MEREDITH CANYON AND ALTO CAPISTRANO SLURRY SEAL PHASE 1
Notice is hereby given that the City of San Juan Capistrano will receive sealed
proposals or bids for the Meredith Canyon and Alto Capistrano Slurry Seal Phase I
project until 2:00 P.M. on the 2nd day of May, 1988.
A pre-bid conference is scheduled at 10:00 A.M. on the 25th day of
tdask�, 1988, at the City offices to assist contractors.
Copies of Plans and Specifications are on file in the Office of the City Clerk
of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may
be obtained at the non-refundable charge of $10.00, plus a charge of $5.00 for each set of
Plans and Specifications mailed.
Dated: March 9, 1988
CIT CLERI
CITY OF S JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
--r,1 L
i
0
MEREDITH CANYON AND ALTO CAPISTRANO
SLURRY SEAL PHASE I
NOTICE INVITING BIDS
Public notice is hereby given that the City of San Juan Capistrano will,
up to 2:00 p.m., on the 2nd day of May, 1988, receive sealed proposals or bids for the
MEREDITH CANYON AND ALTO CAPISTRANO - SLURRY SEAL PHASE I in
accordance with the approved Plans, Specifications, Special Provisions, and the Standard
Specification for Public Works Construction, 1985 Edition, including all supplements
therefor, on file in the office of the City Clerk of the City of San Juan Capistrano,
California. Bids will be received until the time hereinbefore stated at the San Juan
Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California.
No bid will be received unless it is made on a proposal provided within these specifi-
cations. Each proposal or bid must be accompanied by a certified check, cash, cashier's
check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less
than ten percent of the total bid amount.
The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited
to said City in the event such successful bidder fails to enter into the required contract
within 15 days after the written notice that said contract has been awarded to him for
the work.
A pre-bid conference is scheduled at 10:00 a.m. on the 25th day of April, 1988, at the
City offices. The contractor shall have the opportunity for clarification or interpre-
tation of any point or points of question within the plans and contract documents or
specifications. It is the contractor's responsibility to be in attendance at this conference
to receive any information disclosed during the proceedings, for the City shall not dis-
seminate any records of the conference. Exclusive of written addendums and this pre-bid
conference, the City shall not be responsible for any instructions, explanations, orinter-
pretation of the plans, specifications, and contract documents presented to the bidders in
any manner.
The successful bidder, simultaneously with the execution of the contract, will be required
to furnish a Faithful Performance Bond equal in the amount of one -hundred percent
(100%) of the contract price. The surety bond company must be selected from among the
surety companies set forth in the surety list provided herein.
-1-
The City Council reserves the right to reject any and all bids received and to compare
the relative merits of the respective bids and to choose that which in the opinion of said
City will best serve the interests or needs of said City.
A time limit of thirty (30) calendar days has been set for the completion of the work,
from the date of execution of the contract.
BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of
California, copies of the prevailing rate of per diem wages, as determined by the
Director of the State Department of Industrial Relations, are on file in the office of the
City Clerk and shall be made available to any interested party on request.
Copies of plans and specifications are on file in the office of the City Clerk of San Juan
Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans
and specifications for use in preparing bids may be obtained at the Office of the City
Clerk, San Juan Capistrano, at the address shown above. One set of plans and
specifications is available for each general contractor proposing to submit a bid for said
work. A charge in the amount of $10, nonrefundable, is required for obtaining each set
of plans and specifications. There will be a $S charge for postage and handling on all
plans and specifications mailed.
Each bidder shall state the California Contractor's License number of such bidder so
bidding, as no bid will be accepted from a Contractor who has not been licensed in
accordance with the provisions of the laws of the State of California relating to the
licensing of Contractors.
This Notice is hereby given and published by order of the City Council of the City of San
Juan Capistrano, and is dated: March 9. 1988.
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
-2-
•
August 11, 1988
Doug Martin Contracting
P. O. Box 3690
La Habra, California 90632
F, (1e
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Re: Completion of Meredith Canyon and Alto Capistrano Slurry Seal Phase 1
Gentlemen:
The City Council of the City of San Juan Capistrano at its regular meeting held
August 2, 1988, adopted Resolution No. 88-8-2-2 accepting the work completed for the
construction of Meredith Canyon and Alto Capistrano Slurry Seal Phase I in the amount
of $19,110.12.
A copy of Resolution No. 88-8-2-2 is enclosed for your information.
The Council directed that the 10% retention will be payable upon 35 days from recording
of the Notice of Completion. The Notice was recorded on August 9, 1988; therefore, the
final payment, in the amount of $1,911.01, may be released on September 13, 1988.
Thank you for your cooperation.
Very truly yours,
rn *a�
Mary Ann Hanover, CMC
City Clerk
MAH/mac
Enclosure
cc: Director of Public '&orks
Director of Administrative Services
Accounts Payable
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171
0 0
MEMORANDUM
TO: Note to File
FROM: Dawn Marie Schanderl, Records Coordinator
DATE: July 15, 1988
SUBJECT: Doug, Martin Contracting, - Slurry Seal Phase I
Meredith Canyon and Alto Capistrano
Spoke to Brian Perry, Associate Civil Engineer, about getting a Notice to Proceed for
this job. He said the job was over and had forgotten to do the notice before his vacation.
•
June 10, 1988
Slurry Seal of California
266 North Mobil, #106
Camarillo, California 93010
Re:
Gentlemen:
ffi
• r 1 i �-
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
The City Council of the City of San Juan Capistrano at its regular meeting held June 7,
1988, awarded the contract for the Meredith Canyon and Alto Capistrano Slurry Seal
Phase I to the low responsible bidder, Doug Martin Contracting Company, Inc. All other
bids were rejected.
Thank you for your interest in this project. If we can be of further assistance, please
call.
Very truly yours,
Mary Ann I1�nover, CMC
City Clerk
MAH/mac
cc: Director of Public Works
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
• `G� P.O. BOX 3690
O LA HABRA, CA 90632
(213) 691-9840
O�' (714) 441-0513
Complete
Road slurry CONTRACTING
Services.
CO.. INC.
May 13, 1988
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA. 92675
RE: MEREDITH CANYON AND ,,TO CAPISTRANO SLURRY SEAL -
Dear Brian Perry;
., MAI
f o of
G' CPP\SSAPNO
We return Contracts along with Performance Bonds and Labor and
Materia Bonds in duplicate executed on behalf of the Surety.
The Certificate of Insurance was sent under separate cover and
you should have received it by the time of this letter.
If you have any questions, please do not hesitate to call.
Sincerely,
Doug rtin
President
DM/ dm
Enclosures:
Joao �
r MEMBERS OF THE CITY COUNCIL
. v ANTHONY L. BLAND
,. LAWRENCE FEIM
(moi`' ri9a,gn[p KENNETH E. FRIE SSDORF
n'el�nn!p iB6I GARY L. HAUS DORFER
1776 PHILLIP R. SCHWARTZE
V • CITY MANAGER
A STEPHEN B JULIAN
Aprii 7, 1988
ADDENDUM NO. 1
MEREDITH CANYON AND ALTO CAPISTRANO
SLURRY SEAL PHASE I
The following changes to the plans and specifications are promulgated through this
addendum.
1. Page 12
Delete Page 12
Add Page 12R which is enclosed.
2. Page 16
•Delete Page 16 '
Add Page 16R which is enclosed.
A signed copy of this addendum shall accompany the bid.
Contractor W.D. Murphy
Director of Public Works
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171
The bidder shall execute two copies of the written contract with the Redevelopment
• Agency and furnish the stipulated bonds, insurance and bid breakdown within fifteen (15)
days after the bid opening date. The contract shall be made in the form adopted by the
Redevelopment Agency. The release of the successful bidder's surety deposit, as
previously stipulated (page 5), shall be made upon the Redevelopment Agency's
acceptance of the Labor and Materials Bond and the Faithful Performance Bond.
If the bidder to whom the award is made fails to enter the contract as herein provided,
the award may be annulled and an award may be made to the next lowest responsible
bidder; and such bidder shall fulfili every stipulation embraced herein, as if he were the
party to whom the first award was made. A corporation to which an award is made shall
furnish evidence of its corporate existence and evidence that the officer signing the con-
tract and bonds for the corporation is duly authorized to do so.
Bonds
The successful bidder, simultaneously with the execution of the Agreement, will be
required to furnish a Labor and Material Bond in a sum not less than one hundred percent
(100%) of the total amount payable by the terms of the contract and a Faithful
• Performance Bond in a sum not less than one hundred percent (100%) of the amount of
the contract. Said bonds shall be secured from a surety company listed as acceptable on
the list included in these specifications. Bonds must be submitted on the forms contained
E
in these specifications.
Time of Performance
The work shall be commenced within fifteen (15) calendar days from the date of issuance
of the Notice to Proceed and shall be diligently prosecuted until completion. A time
limit of thirty ( 30 ) calendar days from the date specified in the Notice to
Proceed has been set for completion of the work. The bidder's attention is directed to
the specifications as to provisions for extension of time of completion and/or assessment
of liquidated damages.
Assignment of Contract
No assignment by the Contractor of any contract to be entered into hereunder or any
part thereof, or of funds to be received thereunder by the Contractor, will be recognized
by the awarding authority unless such assignment has had prior approval of the awarding
12R-
0 0
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 foreqoing 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 Redevelopment 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.
The insurance policies shall bear an endorsement or shall have an attached rider
providing that in the event of expiration or proposed cancellation of such policies for any
reason whatsoever, the Redevelopment 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 Redevelopment Agency the
• policy certificate establishing that the required level of insurance has been satisfied.
CONTRACTOR shall indemnify and save harmless the Redevelopment Agency, its
officers, agents, and employees from and against any and all claims, demands, loss or
liability of any kind or nature which Lessor, 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 construction agreement.
EIGHTH. _COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC
CONTRACTS. Redevelopment 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 Redevelopment Agency, forfeit
• twenty-five dollars ($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
16R-
0 6
• CITY OF SAN JUAN CAPISTRANO
COUNTY OF ORANGE
•
STATE OF CALIFORNIA
SPECIFICATIONS
AND CONTRACT DOCUMENTS
MEREDITH CANYON AND ALTO CAPISTRANO
SLURRY SEAL PHASE I
CITY COUNCIL
ANTHONY L. BLAND, MAYOR
PHILLIP R. SCHWARTZE KENNETH E. FRIESS
LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER
CITY MANAGER
S. B. JULIAN
DIRECTOR OF PUBLIC WORKS
W. D. MURPHY
• OCTOBER 1987
•
0
TABLE OF CONTENTS
a
MEREDITH CANYON AND ALTO CAPISTRANO
SLURRY SEAL PHASE I
TITLE
CONTRACT DOCUMENTS
PAGE
Notice Inviting Bids...........................................................1
BidProposal..................................................................3
Schedule of Work Items ................................................... ...6
Non -Collusion Affidavit........................................................7
Designation of Sub-Contractors.................................................8
Instructions to Bidders.........................................................9
Contract....................................................................14
BidBond...................................................................18
Performance Bond............................................................20
Labor do Material Bond........................................................22
Listing of Surety Companies...................................................24
SPECIAL PROVISIONS
Section
1
Standard Specifications .......................................
SP- 1
Section
2
Terms Defined..............................................SP-2
• Section
3
Flow & Acceptance of Water..................................SP-2
Section
4
Water .SP
-2
Section
5
Insurance and Overhead Costs..................................SP-2
Section
6
Protection of Existing Utilities (Underground
Service Alert................................................SP-2
Section
7
Protection of Private Property.................................SP-2
Section
8
Construction Zone............................................SP-3
Section
9
Pre -Construction Coordination Meeting .........................SP
-3
Section
10
Notification.................................................SP-3
DETAIL SPECIFICATIONS AND METHOD OF PAYMENT
Bid Item 1 Mobilization ................................................ DS -1
BidItem 2 Slurry Seal ................................................. DS -1
•
0 a
• MEREDITH CANYON AND ALTO CAPISTRANO
SLURRY SEAL PHASE I
NOTICE INVITING BIDS
Public notice is hereby given that the City of San Juan Capistrano will,
up to 2:00 p.m., on the 2nd day of May, 1988, receive sealed proposals or bids for the
MEREDITH CANYON AND ALTO CAPISTRANO - SLURRY SEAL PHASE I in
accordance with the approved Plans, Specifications, Special Provisions, and the Standard
Specification for Public Works Construction, 1985 Edition, including all supplements
therefor, on file in the office of the City Clerk of the City of San Juan Capistrano,
California. Bids will be received until the time hereinbefore stated at the San Juan
Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California.
No bid will be received unless it is made on a proposal provided within these specifi-
cations. Each proposal or bid must be accompanied by a certified check, cash, cashier's
check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less
than ten percent of the total bid amount.
The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited
• to said City in the event such successful bidder fails to enter into the required contract
within 15 days after the written notice that said contract has been awarded to him for
the work.
•
A pre-bid conference is scheduled at 10:00 a.m. on the 25th day of April, 1988, at the
City offices. The contractor shall have the opportunity for clarification or interpre-
tation of any point or points of question within the plans and contract documents or
specifications. It is the contractor's responsibility to be in attendance at this conference
to receive any information disclosed during the proceedings, for the City shall not dis-
seminate any records of the conference. Exclusive of written addendums and this pre-bid
conference, the City shall not be responsible for any instructions, explanations, or inter-
pretation of the plans, specifications, and contract documents presented to the bidders in
any manner.
The successful bidder, simultaneously with the execution of the contract, will be required
to furnish a Faithful Performance Bond equal in the amount of one -hundred percent
(100%) of the contract price. The surety bond company must be selected from among the
surety companies set forth in the surety list provided herein.
-1-
0 0
• The City Council reserves the right to reject any and all bids received and to compare
the relative merits of the respective bids and to choose that which in the opinion of said
City will best serve the interests or needs of said City.
A time limit of thirty (30) calendar days has been set for the completion of the work,
from the date of execution of the contract.
BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of
California, copies of the prevailing rate of per diem wages, as determined by the
Director of the State Department of Industrial Relations, are on file in the office of the
City Clerk and shall be made available to any interested party on request.
Copies of plans and specifications are on file in the office of the City Clerk of San Juan
Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans
and specifications for use in preparing bids may be obtained at the Office of the City
Clerk, San Juan Capistrano, at the address shown above. One set 'of plans and
specifications is available for each general contractor proposing to submit a bid for said
work. A charge in the amount of $10, nonrefundable, is required for obtaining each set
of plans and specifications. There will be a $S charge for postage and handling on all
plans and specifications mailed.
• Each bidder shall state the California Contractor's License number of such bidder so
bidding, as no bid will be accepted from a Contractor who has not been licensed in
accordance with the provisions of the laws of the State of California relating to the
licensing of Contractors.
This Notice is hereby given and published by order of the City Council of the City of San
Juan Capistrano, and is dated:
•
ORANGE COUNTY, CALIFORNIA
-2-
i
0
BID PROPOSAL
For the: MEREDITH CANYON AND ALTO CAPISTRANO - SLURRY SEAL PHASE I
From:
Contractor
To the Honorable City Council
City of San Juan Capistrano
Gentlemen:
The undersigned, as bidder, declares that he has carefully examined the location of the
proposed work as described, examined the Plans, Specifications, Special Provisions, and
the Standard Specifications for Public Works Construction, 1985 Edition, including all
supplements therefor, read the Instructions to Bidders, and is familiar with all proposal
requirements, and hereby proposes 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:
Words 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 Specifica-
tions or the drawings for the work.
If the contract is awarded, the undersigned agrees to enter into a contract with the City
and to commence work within fifteen (15) calendar days from the date of execution
thereof, and to diligently prosecute the work to completion before the expiration of
thirty (30) 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.
• The estimated quantities of work indicated in the proposal are approximate only being
-3-
• given solely as a basis for comparison of bids. It is understood that the City does not
expressly, nor by implication, agree that the actual amount of work will 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 City of San Juan Capistrano has the right to
reject this proposal or to award a contract to the undersigned at the prices stipulated. If
the proposal is rejected, then any check or cashier's check shall be returned to the
undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is
accepted and the undersigned fails to enter into a contract within fifteen (15) days after
the agreement is delivered to him for signature, or within such further time as may be
granted by the City Council, then said check shall be cashed or said bond declared forfeit
and an amount equal to the difference between the lowest bid and the next lowest bidder
who will execute a contract shall be paid into the treasury of the City of San Juan
Capistrano as liquidated damages for the failure of the undersigned to comply with the
terms of this proposal.
Accompanying this proposal is (Insert
• "$ cash", cashier's check, certified check or bidder's bond on the forms from
Pages 18 and 19 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:
Licensed, in accordance with an act providing for the registration of contractors --
License No.
Signature of Bidder:
r 1
L_J
-4-
• (If an individual, so state. If a firm or co -partnership, state the firm name and give the
names of all individual co-partners composing the firm: President, Secretary, Treasurer,
and Manager thereof.)
Dated:
Dated:
Business Address
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:
Dated:
•
-5-
Signature of Bidder
Telephone Number
0 0
• SCHEDULE OF WORK ITEMS
MEREDITH CANYON AND ALTO CAPISTRANO - SLURRY SEAL PHASE I
Approximate
Work Items With Unit Price
Unit Price
Item Quantity
(Written in Words)
(In Figures)
Total Amount
1 L.S.
Mobilization for the lump sum
price of two thousand dollars.
$2,000.00
2 357,205 S.F.
Slurry seal for the unit price of
dollars per square foot.
Total Bid Price (Enter here and on Page 3)
•
•
Figures
0
•
•
i
NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA
County of
and says that he is
of
ss.
being first duly sworn deposes
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 %ith any bidder or anyone else to put in a sham bid, or
that any one shall refrain from bidding; that said bidder has not in any manner, directly
or indirectly, sought by agreement, communication or conference with any one to fix the
bid price of said bidder or of any other 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 any one 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 general business.
DATED:
On this the day of
SIGNATURE
_, 19_ before me, the undersigned, a
Notary Public in and for said State, personnally appeared
personally known to
me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s)
subscribed to the within instrument, and acknowledged that
executed it.
WITNESS my hand and official seal.
• Notary Public in and for said State
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•
0
Submit with Proposal.
0
DESIGNATION OF SUB -CONTRACTORS
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 Address Phone No.
1.
• 2
3.
4
5
6
7
8.
BIDDER'S NAME
AUTHORIZED SIGNATURE
•
•
INSTRUCTION TO BIDDERS
Securing Documents
Plans, Specifications and other contract documents will be available for examination
without charge and copies mai be secured in accordance with the "Notice Inviting Bids".
Examination of Plans, Specifications and Site of Work
The bidder is required to examine the site of work, the Proposal, the Plans and the
Specifications, Special Provisions, and the Standard Specifications for Public Works
Construction, 1985 Edition including all supplements, very carefully. He shall satisfy
himself as to the character, quality and quantities of the work to be performed, the
materials to be furnished and the requirements of the Contract Documents. The plans
for the work show conditions as they are believed to exist, but it is not to be inferred
that all the conditions as shown thereon are actually existent, nor shall the City or any of
its officers or agents be liable for any loss sustained by the Contractor as a result of any
variance between conditions shown on the plans and actual conditions revealed during
examination or progress of the work. The submission of a proposal shall be prima facie
evidence that the bidder has made such an examination.
• Interpretation of Drawings and Documents
If any bidder should find discrepancies in, or omissions from the drawings, specifications
L
or other proposed contract documents, or if he should be in doubt as to the true meaning
of any part thereof, he shall at once make a written request to the Engineer for
correction, clarification or interpretation of the point or points in question. The person
submitting such a request shall be responsible for Its prompt delivery.
In the event that the Engineer receives such a request and it should be found that certain
essential information is not clearly and fully set forth, or if the Engineer discovers
errors, omissions, or points requiring clarification in the drawings or documents, a
written addendum will be mailed to each person to whom a set of contract documents has
been delivered. The Cit} will not be responsible for any instructions, explanations or
interpretations of the documents presented to bidders in any manner other than written
addendum.
M
Addenda or Bulletins
• The effect of all addenda to the contract documents shall be considered in the bid and
said addenda shall be made a part of the contract documents and shall be returned with
them. Before submitting his bid, each bidder shall inform himself as to whether or not
any such addenda have been issued, and failure to cover in his bid any such addenda
issued may render his bid invalid and result in its rejection.
Disqualification of Bidders
No person, firm or corporation shall be allowed to make, file or be interested in more
than one bid for the same work unless alternate bids are called for. A person, firm or
corporation who has submitted a sub -proposal to a bidder, or who has quoted prices on
materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf.
Proposals
Bids to receive consideration shall be in accordance with the following instructions:
A. Bids shall be made only upon the forms provided within these specifications; all bid
items shall be properly filled out; bid prices shall be stated both in words and in
figures; and the signatures of all persons signing shall be in longhand. U here there is
• a conflict in the words and the figures, the words shall govern.
B. .All prices and notations must be in ink or typewritten. No erasures will be
permitted. Mistakes may be crossed out and corrections typed or written in ink
adjacent thereto and must be initialed in ink by the person or persons signing the bid.
C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals
will not be considered except as required hereinabove. No oral, telegraphic or
telephonic proposals or modifications will be considered.
D. The City may require any bidder to furnish a statement of his experience, financial
responsibility, technical ability, equipment and references properly and fully filled
ou t.
E. Each bidder shall list his proposed sub -contractors on the form accompanying the
proposal in accordance with the provisions of the specifications.
F. Each bidder must accompany his bid with either a cashier's check upon some
responsible bank, or a properly certified check upon such bank, or an approved
corporate surety bond payable to the City for such a sum of not less than ten (10)
percent of the aggregate sum of the bid, which check or bond and the monies
represented thereby shall be held by the City as a guarantee that the bidder, if
awarded the contract, will in good faith enter into such contract and furnish the
• required bonds.
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0
The bidder agrees that, in case of his refusal or failure to execute said contract and
• give bonds within the time required by these documents, such check or bond, and the
money represented thereby, shall remain the property of the City and, if the bidder
shall fail to execute said contract, said surety will pay to the City the damages
which the City may suffer b) reason of such failure, not exceeding the sum of ten
(10) percent of the amount of the bid. A bid received and not accompanied by such
cashier's check, certified check or approved bond shall be rejected.
G. Bids shall be delivered to the City at the location stipulated, on or before the day
and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting
Bids". Bids shall be enclosed in a sealed envelope bearing the title of the work, the
name of the bidder, bid opening date and time of bid opening.
Licensing of Contractor
All persons, firms, partnerships or corporations shall be licensed in accordance with the
Business and Professions Code of the State of California and the applicable ordinances of
the City and County before doing any work of any kind.
W'ithdrawl of Bids
Any bidder may withdraw his bid in person or by written request at any time prior to the
• scheduled closing time for receipt of bids.
Opening of Bid Proposals
The City will, in open session, publicly open, examine and declare the bids at the time set
forth in the "Notice Inviting Bids". Bidders or their authorized representatives are
invited to be present.
Award of Contract or Rejection of Bids
No bidder may withdraw his bid for a period of forty-five (45) days after the date set for
the opening of bids. The contract for the work will either be awarded or the bids
rejected within the forty-five (45) days from the date set for the opening of bids.
The contract for the work will be awarded to the lowest responsible bidder complying
with these instructions and with the "Notice Inviting Bids". The City, however, reserves
the right to reject any or all bids and to waive mere informalities, minor technical errors
or irregularities, obvious clerical errors or erasures.
The bidder to whom the award is made shall execute a written contract with the City and
• furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days atter
the notice of award of contract. The contract shall be made in the form adopted by the
City. The release of the successful bidder's surety deposit, as previously stipulated (page
5), shall be made upon ine City's acceptance of the Labor and Materiais Bond and the
Faithful Performance Bond.
If the bidder to whom the award is made fails to enter the contract as herein provided,
the award may be annulled and an award may be made to the next lowest responsible
bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the
party to whom the first award was made. A corporation to which an award is made shall
furnish evidence of its corporate existence and evidence that the officer signing the con-
tract and bonds for the corporation is duly authorized to do so.
Bonds
The successful bidder, simultaneously with the execution of the Agreement, will be
required to furnish a Labor and !Material Bond in a sum not less than one hundred percent
(100%) of the total amount payable by the terms of the contract and a Faithful
• Performance Bond in a sum not less than one hundred percent (100%) of the amount of
the contract. Said bonds shall be secured from a surety company listed as acceptable on
the list included in these specifications. Bonds must be submitted on the forms contained
in these specifications.
Time of Performance
The work shall be commenced within fifteen (15) calendar days from the date of issuance
of the Notice to Proceed and shall be diligently prosecuted until completion. A time
limit of ( )'calendar days from the date specified in the Notice to
Proceed has been set for completion of the work. The bidder's attention is directed to
the specifications as to provisions for extension of time of completion and/or assessment
of liquidated damages.
Assignment of Contract
No assignment by the Contractor of any contract to be entered into hereunder or any
part thereof, or of funds to be received thereunder by the Contractor, will be recognized
by the awarding authority unless such assignment has had prior approval of the awarding
authority and the surety has been given notice of such assignment in writing and has
• consented thereto- in writing.
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•
•
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Workmen and Wages
Attention is specifically directed to all provisions of the Labor Code of the State of
California with regard to workmen and wages. Wages shall not be less than prevailing
wage rates determined by the City pursuant to said Code and as listed in the "Notice
Inviting Bids",
Building Permits
It shall be the Contractor's responsibility to obtain all necessary permits, bonds and
insurance, as required, for the completion of the project. No extra compensation shall be
made therefore.
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0 0
• CONTRACT
This contract is made and entered into by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as City and
hereinafter referred to as CONTRACTOR.
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to
include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond,
the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is
prepared for execution by the City and the Contractor, Plans, Specifications and Special
Provisions, the Standard Specifications for Public Works Construction, 1985 Edition,
including all Supplements, Contract Bonds, Resolutions adopted by the City Council
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 MEREDITH CANYON AND ALTO
CAPISTRANO - SLURRY SEAL PHASE I 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. City agrees to pay, and CONTRACTOR agrees to accept, the lump
sum adjusted for variations of quantities, at the prices designated in bid proposal at the
time and in the manner set forth in the Specifications.
FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR
• agrees to begin and complete the work within the time specified in the Notice Inviting
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• Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual
amount of damages, and loss sustained by City, should CONTRACTOR fail to complete
the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated
damages, not in the nature of a penalty, one hundred dollars ($100) 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 City. The Performance Bond shall be for an
amount of one hundred percent (100%) of the amount of this contract and shall be
conditioned on full and complete performance of the contract, guaranteeing the work
against faulty workmanship and materials for a period of one (1) year after completion
and acceptance. The Labor and Material Bond shall be for an amount of one hundred
percent (100%) of the amount of this contract and shall be conditioned upon full payment
• of all Labor and Material entering into or incidental to the work covered by this
contract. CONTRACTOR agrees to furnish the bonds on the forms found within the
Specifications.
CONTRACTOR agrees to pay City such sum as the Court mai judge as reasonable for
the legal services of any attorney representing the City in any action brought to enforce
or interpret the obligations of this agreement, and such sums shall be made a part of any
judgment in such action against CONTRACTOR if such action is determined in favor of
said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall
provide that the surety shall pay attorney's fees incurred by City in enforcing this
agreement.
SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor
Code of the State of California, copies of the prevailing rate of per diem wages, as
determined by the Director of the State Department of Industrial Relations, are on file
in the offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California,
• and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or
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• any SUB -CONTRACTOR under him, shall pay not less than the foreqoing specified
prevailing rates of wages to all workmen employed in the execution of the contract.
•
SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this
contract liability and property damage insurance naming the City and its elected and
appointed officials as a named insured, which such policies shall be of an amount not less
than One Million Dollars combined single limit.
The insurance policies shall bear an endorsement or shall have an attached rider
providing that in the event of expiration or proposed cancellation of such policies for any
reason whatsoever, the City shall be notified by registered mail, return receipt
requested, giving a sufficient time before the date thereof to comply with the applicable
law or statute but in no event less than 30 days before expiration or cancellation is
effective. CONTRACTOR shall provide to City the policy certificate establishing that
the required level of insurance has been satisfied.
CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and
employees from and against any and all claims, demands, loss or liability of any kind or
nature which Lessor, 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 construction agreement.
EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC
CONTRACTS. City is subject to the provisions of the Government Code and the Labor
Code of the State of California. It is stipulated and agreed that all provisions of law,
applicable to public contracts are a part of this contract to the same extent as though
set forth herein and shall be complied with by CONTRACTOR. These include, but are
not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and
CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($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
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0
0
• permitted to work more than eight (3) hours in ViOiatidn Of the pro%tswns .f .Article
Three, Chapter One, Part Seven, Division 2, of the Cahforr,ia Labor Code, except as
permitted by law.
IN WITNESS u'HEREOF, this contract is executed by the duly authorized agent(s) of
City, pursuant to Council action, and by CONTRACTOR on the date set before the name
of each.
CITY OF SAN JUAN CAPISTRANO
DATED: BY:
MAYOR
ATTEST:
Mary Ann Hanover, City Clerk
APPROVED AS TO FORM:
John R. Shaw, City Attorney
0
BY:
CONTRACTOR
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• BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we,
as PRINCIPAL, and
as SURETY, hereinafter called Surety, are held and
firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called
City, in the sum of $_ , for payment whereof Principal and Surety bind
themselves, their heirs, executors, administrators, successors, and assigns, jointly and
severally, fairly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has
submitted the accompanying bid dated , for the construction
of
City of San Juan Capistrano, Orange County, California.
for the
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 him for execution, enter into a written contract with the City 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 materialmen, 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 City, pay the City the difference
between the amount specified in said bid and the amount for which the City may procure
the required work and/or supplies if the latter amount be in excess of the former, then
the 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 therefor, there shall be included costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
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0 0
• IN WITNESS WHEREOF, the above -bounden parties have executed this
instrument under their several seals this day of __, 19___, the name and
corporate seal of each corporate party being affixed hereto and these presents duly
signed by its undersigned representative pursuant to authority of its governing body.
Two Witnesses (If Individual)
ATTEST (If Corporation)
Corporate Seal
ATTEST
•
Title
BY:
Title:
BY:
Title:
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PRINCIPAL
SURETY
• PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
•
That
as Principal, hereinafter called CONTRACTOR, and
as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San
Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of
Dollars for payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors, and
assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor has by written agreement dated
, entered into a (describe agreement):
which contract is by reference made a part hereof;
NOW, THEREFORE, the condition of this obligation is such that, if Principal
shall promptly and faithfully perform said agreement, then this obligation shall be null
and void; otherwise it shall remain in full force and effect. Surety waives whatever legal
right it may have to require that a demand be made first against the principal in the
event of default.
BE IT FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition to the face
amount specified, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
• obligation, all to be taxed as costs and included in any judgment rendered.
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0 0
2. Said Surety, for value received, hereby stipulates and agrees that no change,
• extension of time, alteration, or modification of the contract documents or of the work
to be performed thereunder, shall in any way affect its obligations or this bond, and it
does hereby waive notice of any such change, extension of time, alterations, or
modifications of the contract documents or of work to be performed thereunder.
•
Executed this day of 19 , at
, California.
APPROVED AS TO FORM
PRINCIPAL
(NOTARIZATION AND SEAL)
SURETY
(NOTARIZATION AND SEAL)
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• Premium Included
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange
County, California, has awarded to . License
No. , hereinafter designated as "Principal", a contract for
: and
WHEREAS, said Principal is required to furnish a bond in connection with the
said contract providing that if said Principal, or any of his or its sub -contractors, shall
fail to pay for any materials, provisions, provender or other supplies or teams used in,
upon, for or about the performance of the work contracted to be done, or for any work or
labor done thereon of any kind, the surety or this bond will pay the same.
NOW, THEREFORE, we ,
Principal, and as surety, are
held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the
penal sum of DOLLARS
• ($ ), lawful money of the United States of America, for payment of which sum
well and truly to be made we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its
heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to
pay for any materials, provisions, provender, or teams, or other supplies or equipment
used in, upon, for or about the performance of the work contracted to be done, or for any
work or labor done thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor as required by the provisions of Title 1,
Division 5, Chapter 3 of the Government Code of California as amended, that the surety
will pay for the same in an amount not exceeding the sum specified in this bond and also
in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the
court. This bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under said act, so as to give a right of action to them
or their assigns in any suit brought upon this bond.
FURTHER, the said surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or modification of the contract documents or of
the work to be performed thereunder shall in any way affect its obligation on this bond
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the contract documents or of work to be performed thereunder.
As a part of the obligation secured hereby, and in addition to the face amount
• specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
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0
IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each
• of which shall for all purposes be deemed an original thereof, have been duly executed by
the Principal and surety herein named on the day of
19 . The name and corporate seal of each corporate party being hereto affixed and
these presents duly signed by its undersigned representatives pursuant to authority of its
governing body.
U
•
By
a
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PRINCIPAL
SURETY
. Prepared By: Office of City Attorney
San Juan Capistrano
7/29/85
LISTING OF SURETY COMPANIES
(QUALIFYING UNDER SURETY BOND COMPANY RATING CRITERIA
The following surety bond companies are qualified to submit surety bonds to the City of
San Juan Capistrano. The criteria utilized in rating surety bond companies are:
A.M. Best Company Rating of "A";
U.S. Treasury Underwriting Limitation of $1,000,000.00 or more.
Use of any other surety company may only be allowed with approval of the City
Attorney.
AID Insurance Company
Aetna Casualty and Surety Company of Illinois
Aetna Reinsurance Company
Affiliated FM Insurance Company
Alaska Pacific Assurance Company
• Allendale Mutual Insurance Company
Allstate Insurance Company
American Automobile Insurance Company
American Casualty Company of Reading, Pennsylvania
American Centennial Insurance Company
American Credit Indemnity Company
American Economy Insurance Company
American Indemnity Company
The American Insurance Company
American Manufacturer's Mutual Insurance Company
American Motorists Insurance Company
American Mutual Liability Insurance Company
American Re -Insurance Company
American States Insurance Company
Argonaut Insurance Company
Arkwright-Boston Manufacturers Mutual Insurance Company
Associated Indemnity Corporation
Atlantic Mutual Insurance Company
U
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0
• Listing of Surety Companies, Continued
Page Two
Auto -Owners Insurance Company
Balboa Insurance Company
Bankers Multiple Line Insurance Company
Boston Old Colony Insurance Company
The Camden Fire Insurance Association
Centennial Insurance Company
Central Mutual Insurance Company
0
The Central National Insurance Company of Omaha
The Charter Oak Fire Insurance Company
Cigna Insurance Company
Commercial Insurance Company of Newark, New Jersey
The Connecticut Indemnity Company
Continental Casualty Company
The Continental Insurance Company
• Continental Reinsurance Corporation
Dependable Insurance Company, Inc.
Employers Mutual Casualty Company
Employers Reinsurance Corporation
Fairmont Insurance Company
Farmers Alliance Mutual Insurance Company
Federal Insurance Company
Federated Mutual Insurance Company
The Fidelity and Casualty Company of New York
Fidelity and Deposit Company of Maryland
Fireman's Fund Insurance Company
Firemen's Insurance Company of Newark, New Jersey
First National Insurance Company of America
Foremost Insurance Company
Fremont Indemnity Company
General Accident Insurance Company of America
General Insurance Company of America
• General Reinsurance Corporation
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•
• Listing of Surety Companies, Continued
Page Three
The Glens Falls Insurance Company
Global Surety & Insurance Co.
Globe Indemnity Company
Grain Dealers Mutual Insurance Company
Great American Insurance Company
Greater New York Mutual Insurance Company
Gulf Insurance Company
The Hanover Insurance Company
Harco National Insurance Company
Harleysville Mutual Insurance Company
Hartford Accident and Indemnity Company
Hartford Casualty Insurance Company
Hartford Fire Insurance Company
The Hawaiian Insurance & Guaranty Company
• Highlands Insurance Company
Highlands Underwriters Insurance Company
The Home Indemnity Company
The Home Insurance Company
Houston General Insurance Company
INA Reinsurance Company
ITT Lyndon Property Insurance Company
Imperial Casualty and Indemnity Company
Indemnity Insurance Company of America
Industrial Indemnity Company
Insurance Company of North America
Insurance Company of the west
Integrity Insurance Company
International Insurance Company
Iowa National Mutual Insurance Company
John Deere Insurance Company
Liberty Mutual Insurance Company
Lumbermens Mutual Casualty Company
•
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a
0
• Listing of Surety Companies, Continued
Page Four
0
Maryland Casualty Company
Mead Reinsurance Corporation
The Mercantile and General Reinsurance Company of America
Michigan Millers Mutual Insurance Company
Michigan Mutual Insurance Company
Mid -Century Insurance Company
The Millers Mutual Fire Insurance Company of Texas
Munich American Reinsurance Company
National Fire Insurance Company of Hartford
National Indemnity Company
The National Reinsurance Corporation
National Surety Corporation
Nationwide Mutual Insurance Company
New Hampshire Insurance Company
• New York Underwriters Insurance Company
Newark Insurance Company
North American Reinsurance Corporation
The North River Insurance Company
North Star Reinsurance Corporation
Northbrook Property and Casualty Insurance Company
Northwestern Pacific Indemnity Company
The Ohio Casualty Insurance Company
Ohio Farmers Insurance Company
Old Republic Insurance Company
Pacific Employers Insurance Company
Pacific Indemnity Company
Peerless Insurance Company
Pennsylvania Manufacturers' Association Insurance Company
Phoenix Assurance Company of New York
The Phoenix Insurance Company
Progressive Casualty Insurance Company
Protective Insurance Company
•
-27-
0
• Listing of Surety Companies, Continued
Page Five
Prudential Reinsurance Company
0
Ranger Insurance Company
The Reinsurance Corporation of New York
Reliance Insurance Company
Republic Insurance Company
Republic Western Insurance Company
Royal Indemnity Company
Royal Insurance Company of America
SAFECO Insurance Company of America
St. Paul Fire and Marine Insurance Company
St. Paul Mercury Insurance Company
Seaboard Surety Company
Security Insurance Company
Select Insurance Company
• Skandia America Reinsurance Corporation
South Carolina Insurance Company
The Standard Fire Insurance Company
State Farm Fire and Casualty Company
Transamerica Insurance Company
Transamerica Premier Insurance Company
Transcontinental Insurance Company
Transportation insurance Company
The Travelers Indemnity Company
The Travelers Indemnity Company of America
The Travelers Indemnity Company
Trinity Universal Insurance Company
Twin City Fire Insurance Company
Unigard Security Insurance Company
United Fire & Casualty Company
United Pacific Insurance Company
United States Fidelity and Guaranty Company
• United States Fire Insurance Company
-28-
0
• Listing of Surety Companies, Continued
Page Six
Universal Underwriters Insurance Company
Utica Mutual Insurance Company
Valley Forge Insurance Company
Vigilant Insurance Company
West American Insurance Company
Weschester Fire Insurance Company
The Western Casualty and Surety Company
The Western Fire Insurance Company
Western Surety Company
Westfield Insurance Policy
•
•
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is
0
0
• CITY OF SAN JUAN CAPISTRANO
MEREDITH CANYON AND ALTO CAPISTRANO
SLURRY SEAL PHASE I
SPECIAL PROVISIONS
WORK TO BE DONE
The work to be done under this contract in general consists of the application of
approximately 357,205 square feet of slurry seal Type I1 to the following City streets: the
southern half of Via De Agua, Calle Canto, Via Cascada, Paseo De Decoro, Calle De
Bonanza, Calle Acordarse, Paseo Brillo, Paseo De Alegria, Calle Conejo, Via Corta, Via
Banderas, and Calle Borrego. The work shall include all specified and necessary traffic
control to accomplish the work.
SECTION 1 - STANDARD SPECIFICATIONS
The contractor shall perform his work in accordance with the Standard Specifications for
Public Works Construction, 1985 Edition, hereinafter referred to as the Standard
Specifications. The Contractor shall maintain a copy of this book on the job -site at all
times. Unless otherwise specified, errata and supplements to the Standard Specifications
shall be part of these specifications. The provisions of the Standard Specifications shall
be modified as indicated below:
Change 1: Contract Termination
• "If at any time, in the opinion of the Public Works Director, Contractor fails to
supply suitable equipment, an adequate working force, or material of proper quality,
or shall fail in any respect to prosecute any work with the diligence and force
specified and intended in and by the terms of the Contract, notice thereof in writing
shall be served upon him, and should he neglect or refuse to provide means for
satisfactory compliance with the contract, as directed by the Public Works Director,
within the time specified in such notice, the City in any such case shall have the
power to terminate all or any portion of the contract.
Upon receiving notice of such termination, Contractor shall discontinue said work or
such parts of it as the City may designate. Upon such termination, the Contractor's
control shall terminate and thereupon the City Council, or its duly authorized
representative, may take possession of all or any part of the Contractor's materials,
tools, equipment, appliances, and plant, and buy such additional materials and
supplies at the Contractor's expense as may be necessary for the proper conduct of
the work and for completion thereof; or may employ other parties to carry the
contract to completion, employ the necessary workmen, substitute other machinery
or materials and purchase the materials contracted for, in such manner as the City
may deem proper; or the City Council may annul and cancel the contract and re -let
the work or any part thereof. Any excess of cost arising therefrom over and above
the contract price will be charged against the Contractor and his sureties, who will
be liable therefor.
In the event of such termination, all money due the Contractor retained under the
terms of this contract shall be forfeited to the City; but such forfeiture will not
• release the Contractor or the sureties from liability or failure to fulfill the
contract. Contractor and sureties will be credited with the amount of monies so
SP -1
9
• forfeited toward any excess of cost over and above the contract price, arising from
the suspension of the operation of the contract and the completion of the work by
the City as provided above, and the Contractor will be credited with any surplus
remaining after all just claims for such completion have been paid."
Change 2: Section 8 - Facilities for Agency Personnel
Delete this Section.
SECTION 2 - TERMS DEFINED
Whenever in the said Standard Specifications the following terms are used, it is hereby
provided that the following City departments or persons shall be intended:
AGENCY shall mean City of San Juan Capistrano, whenever appropriate.
BOARD shall mean the City Council of the City of San Juan Capistrano.
ENGINEER shall mean City Engineer or other person(s) designated by same.
SECTION 3 - FLOW AND ACCEPTANCE OF WATER
Surface or other waters may be encountered at various times during construction. The
Contractor, by submitting a bid, acknowledges that he has investigated the risks arising
from surface or other waters and has prepared his bid accordingly. It shall be the sole
responsibility of the Contractor to protect his work from danger due to any waters
• encountered. Should any damage to the work due to surface or other water occur prior
to acceptance of the work by the City, the Contractor shall repair such damage at his
expense.
SECTION 4 - WATER
•
Water will be available from the Capistrano Valley Water District. Arrangements for
temporary construction water services permit and water service may be made by
contacting the Capistrano Valley Water District at 714/493-1515 one week prior to need
for service. All water facility construction shall conform to the "Standard
Specifications," Capistrano Valley Water District, and "The Uniform Plumbing Code,"
1982 Edition.
SECTION 5 - INSURANCE AND OVERHEAD COSTS
The Contractor shall receive no direct compensation for insurance and overhead (move -in
costs, for example) costs. Accordingly, these costs should be prorated to the appropriate
bid items.
MNG UTILITIES (UNDERGROUND SERVICE
The Engineer has endeavored to show all existing utilities. The Contractor must,
however, take all due precautionary measures to protect all of the existing utilities. The
Contractor shall have all utilities located by contacting the responsible agency at least
48 hours prior to commencing any construction work.
SP -2
0 0
• The Contractor's attention is directed to the utility notification service provided by
UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the
Contractor with the locations of their substructures in the construction area when the
Contractor gives at least 48 hours notice to the USA by calling 1-800-422-4133. Other
utility phone numbers are noted on Sheet 1 of the plans.
Full compensation for conforming to the requirements of this section shall be considered
as included in the contract bid prices paid for the various items of work, and no
additional compensation will be allowed therefor.
SECTION 7 - PROTECTION OF PRIVATE PROPERTY
The Contractor must remain within the construction zone to the best of his ability. The
Contractor must protect all existing private property.
SECTION 8 - CONSTRUCTION ZONE
Contractor shall protect property and facilities adjacent to the construction zone, and all
property and facilities within the construction zone which are shown on the plans to be
protected. After completion of project, the construction zone shall be clean and in a
presentable condition. All public or privately owned improvements and facilities shall be
restored to their original condition and location. In the event improvements of facilities
are damaged, they shall be replaced with new materials equal to the original.
Nothing herein shall be construed to entitle the Contractor to the exclusive use of any
public street, way or parking area during performance of the contract work, and
• Contractor shall conduct his operations so as not to interfere with the authorized work of
utility companies or other agencies in such streets, ways or parking areas.
The Contractor shall be responsible for investigating conditions of available public and
private roads and of clearances, restrictions and other limitations affecting
transportation and ingress and egress to the site of the work.
SECTION 4 - PRE -CONSTRUCTION COORDINATION MEETING
Prior to the commencement of construction, arrangements will be made for a meeting
between the Contractor, the Engineer, and involved utility representatives. The purpose
of this meeting is to coordinate the activities of the Contractor within the limits of this
contract, review scheduling, discuss construction methods and clarify inspection
procedures. The Contractor will be required to submit a complete schedule showing the
number of working days required to complete each phase of the project. This schedule
shall be approved by the City Engineer prior to the start of construction.
SECTION 10 - NOTIFICATION
The Contractor shall receive no direct compensation for notifying the public of the
construction work. Accordingly, these costs should be prorated to the appropriate bid
items.
Prior to two weeks before beginning any work, the Contractor shall notify all residents,
businesses and agencies by an approved written notice detailing streets and limits of
work to be done, parking and access restrictions, and the day, date and the hours of work,
• which shall be between 8:00 a.m. and 4:00 p.m.
SP -3
9 0
• Prior to 72 hours before beginning any work, the Contractor shall again notify all
residents, businesses and agencies by an approved written notice, detailing streets and
limits of work to be done, parking and access restrictions and the day, date and hours of
work, which shall be between 8:00 a.m. and 4:00 p.m. The Contractor shall also post all
streets 36 hours in advance of work with temporary "No Parking - Tow Away" signs at
100 foot intervals. These signs shall also state the day of the week, hours of no parking,
and Contractor's name.
SP -4
• CITY OF SAN JUAN CAPISTRANO
MEREDITH CANYON AND ALTO CAPISTRANO
SLURRY SEAL PHASE.1
DETAIL SPECIFICATIONS AND METHOD OF PAYMENT
BID ITEM 1 - MOBILIZATION
The Contractor shall allow the amount shown in the schedule of work under Item No. 1
for mobilization of equipment, bonds, insurance permits, interest and other miscellaneous
job costs.
PAYMENT
The lump sum price shall include all labor, tools, and equipment necessary for
mobilization. Compensation will be based on the lump sum price named in the schedule
of work items under Item No. 1.
BID ITEM 2 - SLURRY SEAL
1.01 Scope - Slurry seal shall consist of mixing asphaltic emulsion, aggregate, and water
and spreading the mixture on a surfacing or pavement where shown on the plans, as
specified in these specifications and the special provisions, and as directed by the
Engineer.
• 2.02 Materials - The materials for slurry seal immediately prior to mixing shall conform
to the following requirements:
2.02 (a) Asphaltic Emulsion - Asphaltic emulsion shall be cationic quick -setting type
conforming to the requirements for CSSIh grade under ASTM designation D2397,
"Cationic Emulsified Asphalt" except that the cement mixing test requirement shall
not apply.
2.02 (b) Water - Water shall be of such quality that the asphalt will not separate
from the emulsion before the slurry seal is in place in the work.
2.02 (c) Aggregate - Aggregate shall consist of sound, durable crushed stone or
crushed gravel and approved mineral filler. The material shall be free from
vegetable matter and other deleterious substances. Aggregates shall be 100%
crushed and no rounded particles. The percentage composition by weight of the
aggregate shall conform to the following grading:
PERCENTAGE PASSING
SIEVE SIZES TYPE 11
•
3/8"
100
NO. 4
90-100
NO. 8
65-90
NO. 16
40-70
NO. 30
25-50
NO. 200
5-15
DS- I
9 0
• Theoretical Asphalt content,
% Dry Aggregate 7.5-13.5
Approximately Application Rate
(Pound Per Square Yard) 10-15
The aggregate shall also conform tot he following quality requirements:
TESTS
CALIF. TEST
ASTM TEST
REQUIREMENTS
Sand Equivalent
217
D-2419
45 Min.
2.03 Proportioning - Asphaltic emulsion shall be added at a rate of from 11 to 25%. A
job mix design shall be submitted by the Contractor for approval by the Engineer that
conforms to the specification limits, and that is suitable for the traffic, climate
conditions, curing conditions and final use.
The slurry seal mixture shall be proportioned by the operation of a single start/stop
switch or lever which automatically sequences the introduction of aggregate, emulsified
asphalt, admixtures, if used, and water to the pugmill.
Calibrated sight flow meters shall be provided to measure both the addition of water and
liquid admixtures to the pugmill. If necessary for workability, a retarding agent, that
will not adversely affect the seal, may be used.
Water, and retarder, if used, shall be added to ensure proper workability and (a) permit
uncontrolled traffic on the slurry seal no more than three (3) hours after placement
• without the occurrence of bleeding, raveling, separation or other distress; and (b) prevent
development of bleeding, raveling, separation or other distress within seven (7) days after
placing the slurry seal.
•
If more than one kind of aggregate is used, the correct amount of each kind of aggregate
to produce the required grading shall be proportioned separately in a manner that will
result in a uniform and homogeneous blend.
Uniformity of distribution of asphalt will be determined by extraction tests in
accordance with California Test 310. The average bitumen ratio (pounds of asphalt per
100 pounds of dry aggregates) shall not vary more than five (5) percent above or below
the amount designated by the Engineer. This requirement shall apply to samples taken
from any location or operation designated by the Engineer.
2.04 Mixing - The slurry seal shall he mixed in self-propelled mixing machine equipped
with a continuous flow pugmill capable of accurately delivering and automatically
proportioning the aggregate, emulsified asphalt, water and admixtures to a double
shafted, multi -blade pugmill mixer capable of minimum speeds of 200 revolutions per
minute.
A minimum of two mixing machines shall be maintained on each project of a 12 cubic
yard or larger capacity. The slurry seal retention time in the pugmill shall be less than
three seconds. The mixing machine shall have sufficient storage capacity of aggregate,
emulsified asphalt, and water to maintain an adequate supply to the proportioning
controls.
DS -2
0
0
The mixing machine shall be equipped with hydraulic controls for proportioning the
• material by volume to the mix. Each material control device shall be calibrated,
properly marked, preset and lockable at the direction of the Engineer. The mixing
machine shall be equipped with a water pressure system and nozzle type spray bars to
provide a water spray immediately ahead of the spreader box.
The mixing machine shall be equipped with an approved fines feeder that provides a
uniform, positive, accurately metered, pre -determined amount of a mineral filler, if
used, at the same time and location that the aggregate is fed.
2.05 Spreading Equipment - The slurry mixture shall be uniformly spread by means of a
controlled spreader box conforming to the following requirements:
The spreader shall be capable of spreading a traffic lane width and shall have strips
of flexible rubber belting or similar material on each side of the spreader box and in
contact with the pavement to prevent loss of slurry from the box and the box shall
have baffles, or other suitable means, to insure uniform application on super -
elevated sections and shoulder slopes.
The rear flexible strike -off blade shall make close contact with the pavement and
shall be capable of being adjusted to the various crown shapes so as to apply a
uniform seal coat.
Slurry mixture, to be spread in areas inaccessible to the controlled spreader box,
may be spread by other approved methods.
• 2.06 Placing - The slurry seal shall not be placed if either the pavement or th air
temperature is below 13 degrees C (55F) and falling, but may be applied when both the
air and pavement temperature is 7 degrees C (45F) or above and rising. The mixture
shall not be applied if high relative humidity prolongs the curing beyond a reasonable
time.
Ll
Before placing the slurry seal, the pavement surface shall be cleaned by sweeping,
flushing or other means necessary to remove all loose particles of paving, all dirt and all
other extraneous materials.
In view of the driving requirements as well as road accessibility, no slurry seal shall be
applied after 1:30 p.m.
Notification of affected residents will be done two weeks prior to construction and again
72 -hours prior to construction, as delineated in Section 10 of the Special Provisions.
Immediately before commencing the slurry seal operations, all surface metal utility
covers (including survey monuments) shall be protected by thoroughly covering the
surface with an appropriate adhesive and oiled or plastic paper. No adhesive material
shall be permitted to cover, seal or fill the joint between the frame and cover of the
structure. Covers are to be uncovered and cleaned of slurry material by the end of the
same work day. Hand tools shall be available in order to remove spillage. Ridges or
bumps in the finished surface will not be permitted. The mixture shall be uniform and
homogeneous after spreading on the surface and shall not show separation of th emulsion
and aggregate after setting.
DS -3
Adequate means shall be provided to protect the slurry seal from damage from traffic
• until such time that the mixture has cured sufficiently so that the slurry seal will not
adhere to and be picked up by the tires of the vehicles.
i
•
After curing, the pavement and adjacent areas such as gutters shall be cleaned by
sweeping or other means necessary to remove all loose materials. Streets shall be
cleaned by sweeping or other means necessary to remove all loose materials again seven
(7) days later.
PAYMENT
The unit price per square foot for slurry seal shall include full compensation for
furnishing all labor, materials, tools, equipment and incidentals and for doing all the work
involved in the furnishing and placing the slurry seal complete in place, including
cleaning the surface and protecting the slurry seal until it has set, and cleaning the
surface after curing, all as shown on the plans, as specified in these specifications and as
directed by the Engineer, and no additional compensation shall be made.
DS -4
0
VICINITY MAP
CITY OF SAN JUAN CAPISTRANO
SLURRY SEAL PHASE I I
SHT
MEREDITH CANYON a ALTO CAPISTRANO
CONSTRUCTION NOTES:
I SLURRY SEAL STREETS
CITY OF SAN JUAN CAPISTRANO
SLURRY SEAL PHASE I S"
MEREDITH CANYON & ALTO CAP 1 STRANO 2
Executed in duplicate
Premium $119.00
• PERFORMANCE BOND Bond No.5535856
KNOW ALL MEN BY THESE PRESENTS:
That DOW Martin Contracting Company, Inc. ,
as Principal, hereinafter called CONTRACTOR, and Safeco Insurance Company of America
as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San
Juan Capistrano, as Obligee, hereinafter called CITY, in the amount ofNineteen Thousand
One Hundred Ten and 12/100 ($19,110.12) Dollars for payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors, and
assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor has by written agreement dated
entered into a (describe agreement): Construction of Meredith
Canyon and Alto Capistrano - Slurry Seal Phase I
•
which contract is by reference made a part hereof;
NOW, THEREFORE, the condition of this obligation is such that, if Principal
shall promptly and faithfully perform said agreement, then this obligation shall be null
and void; otherwise it shall remain in full force and effect. Surety waives whatever legal
right it may have to require that a demand be made first against the principal in the
event of default.
BE 1T FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition to the face
amount specified, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
• obligation, all to be taxed as costs and included in any judgment rendered.
MAIM
•
• 2. Said Surety, for value received, here
extension of time, alteration, or modification o
to be performed thereunder, shall in any way a:
does hereby waive notice of any such chant
modifications of the contract documents or of we
•
•
Executed this 11 day of
Pasadena__________, California.
APPROVED AS TO FORM
PRIN,
Doug P
Wj
(NOT,
SURE'
Safecc
(NOTA
E. S. ;
-21-
42j
3
F
. POWER • HOMESAFECOINSURANCECOMPANY OF AMERICA
OF ATTORNEY HOME OFFICE. WASHINSAFECOGTON
PLAZA
SEATTLE, WASHINGTON 98185
SAFECO
Im
KNOW ALL BY THESE PRESENTS:
6843
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
--------------E. S. ALBRECHT, JR., Los Angeles, California
its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 21st day of September '1981 .
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any
instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing
extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued
pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 11 day of P''ay , 1960
S 13 R5 3/86 PRINTED IN U S A
EML lai"
Executed in duplicate
• Bond No. 5535856
Premium Included
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange
County, California, has awarded to Douce Martin Contractinq Company, Inc. , License
No. , hereinafter designated as "M _1", a contract for Meredith Canvon and
Alto Capristrano - Slurry Seal Prase I ;and
WHEREAS, said Principal is required to furnish a bond in connection with the
said contract providing that if said Principal, or any of his or its sub -contractors, shall
fail to pay for any materials, provisions, provender or other supplies or teams used in,
upon, for or about the performance of the work contracted to be done, or for any work or
labor done thereon of any kind, the surety or this bond will pay the same.
NOW, THEREFORE, we Doug Martin Contracting Ccnpany, Inc. ,
Principal, and Safeco InsuranceCoany of America , as surety, are
held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the
• penal sum of Nineteen Thousand One Hundred 'lin and 12/100 DOLLARS
($19,110.12), lawful money of the United States of America, for payment of which sum
well and truly to be made we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its
heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to
pay for any materials, provisions, provender, or teams, or other supplies or equipment
used in, upon, for or about the performance of the work contracted to be done, or for any
work or labor done thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor as required by the provisions of Title 1,
Division S, Chapter 3 of the Government Code of California as amended, that the surety
will pay for the same in an amount not exceeding the sum specified in this bond and also
in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the
court. This bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under said act, so as to give a right of action to them
or their assigns in any suit brought upon this bond.
FURTHER, the said surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or modification of the contract documents or of
the work to be performed thereunder shall in any way affect its obligation on this bond
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the contract documents or of work to be performed thereunder.
As a part of the obligation secured hereby, and in addition to the face amount
• specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
-22-
IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each
in of which shall for all purposes be deemed an original thereof, have been duly executed by
the Principal and surety herein named on the 11 day of M
19 88 . The name and corporate seal of each corporate party being hereto affixed and
these presents duly signed by its undersigned representatives pursuant to authority of its
governing body.
Doug Martin Contracting Conpany, Inc.
PRINCIPAL
APPROVED AS TO FORM
Safeco Insurance Cbnpany of Anerica
SURETY
ByC" a
E. S. Albrecht, Jr., AttD ney in Fact
-23-
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
lfff fff�.f f Nf ♦♦ e e�� f f H f N
OFFICIAL SEAL
Marilyn J. Kitt
"TA"PUBLICCALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Expires Fey. 10, 1992
ACKNOWLEDGMENT—Corporation—Wolm"s Form 222CA.x—Rev. 5.82
®1882 woLoons. INC. ("-was 8 2)
On this 13 day of May , in the year 19_L8.
before me, the undersigned, a Notary Public in and for said Slate, personally appeared
Dixie Martin, Secretary , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed the
within instrument on behalf of the Corporation therein named, and acknowledged to me that
the Corporation executed it.
WITNESS my hand and official seal.
Notary Pubic in and Zr said State.
ACKNOWLEDGMENT BY SURETY
STATE OF CALIFORNIA
County of Iris Angeles ss
on this 11 day of May, in the year 1988 , before me
1,eslee Ribera Notary Public
personally appeared E S Albrecht Jr
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this
instrument a�thg Attorney -in -Fact and acknowledged to me that he (she) subscribed the name of
Sare00 Insurance Company of America thereto as Surety and his (her) own name as Attorney -in -Fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Sea at my office ie aforesaid County, the day and
year in this certificate first above written./ryyt�/�)
NsswNRnaowlclNRwmnlNmlWnumm�nlmminlmnunxllmmm�lxn � Y 11 6�1-NI),
OFFICIAL SEAL Notary Public
LESLEE RIBERA
NOTARY PUBLIC. CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNT
YS 85 Y
My Commission Expires Sept. 13,1991
NIMIIIWIIMNMYINXIWIWYYI1411111WiII11Wul•�•:ii••ii���•i�InI1WIYIIIIIWINIIINY
• POWER WAFECO INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
SAFECO
No.
KNOW ALL BY THESE PRESENTS:
6843
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
S. ALBRECHT, JR., Los Angeles, California ---------------
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 21st day of September '1981 .
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any
instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing
extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued
pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 11 day of Ilay '19 88
S 1300 R5 3/86 PRINTED IN U S A