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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 -7- • 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. -lo- 0 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. -12- • • 0 0 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. -13- 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 -14- • 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 -15- • 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 -16- 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 -17- 0 0 • 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. -18- 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: -19- 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. -20- 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) -21- • 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. -22- 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 -23- 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 -24- 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 -25- • • 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 • -26- 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 • • -29- 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