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1986-0218_MARTIN CONTRACTING COMPANY, INC., DOUG_ContractEXC6�fl 86-159141' RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano (?& YL! City Clerk's Department f/ 32400 Paseo Adelanto Mary Bgn Pnover, Cit Clerk San Juan Capistrano, CA 92675 City of San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Doug Martin Contracting Company, Inc., P.O. Box 3690, La Habra, California, 90632, for the performance of the following work: COMPLETION OF THE SLURRY SEAL OF CALLE ARROYO 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 15th day of Al2ril ]ggfv by Resolution No. 86-4-15-4 That upon said contract the 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 16th day of April , 1986. Mary AlYn H over, CityCle�4 the City of San 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 OF ORANGE COUNTY -222 PM APR 22'86 COUNTY "�1 RC URDER 16th day of April . 1986 . Mary Aiffi Wover, CityCleteCJ the City of San Juan Capistrano • 0ity Cony" CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN• CAPISTRANO, hereinafter referred to as City and Doucr Martin Contractina Co.. Inc. hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCIIMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, thw Proposal, the Bid Bond, the Non -Collusion Affi- davit, 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 certifi- cates, and any supplemental written agreements amendinc or extend- ing 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 con- struction of Slurry Seal for.Oalle Arroyo 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 lumpsum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. -16- 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 im- practicable 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) a 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 con- tract 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 (1008) of the amount of this contract and shall be conditioned on (till and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of'one (1) year after completion and ac- ceptance. 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 incidential to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifica- tions. 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 judgement in such action against CONTRACTOR issuch action is determined in favor of.said City. The required Performance and Labor and Materials Bonds and Bid Bond shall provide that the surety shall pay attorney's fees incurred by City in enforcing this agreement. -17- 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 names 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 that 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 con- struction agreement. -18- 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 stipu- lation 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 tb 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 agents) of City, pursuant to Council action, and by CONTRACTOR on the date set -before the name of each.. CITY' OF SAN JUAN DATED: February 18, 1986 ATTEST: BY Contractor DOUGDOUG MA RTIN CONTRACTING CO., INC. Mary Afth Slanover, C3.ty'Clerlt 7 APPR0 A TO FORM: oug ar n,�resie�'�� I -19- 9 0 912.42 The Slurry Seal of Calle Arroyo was completed, as set forth in the report dated April 15, 1986, from the Director of Public Works. ACce tance of Work: The following Resolution was adopted: 5-4, COMPLETION OF THE SLURRY .LN%-. ) - A i[r ovA uUTIUN Ud Tnm l.1TI I.UUM." Ur- TnZ 1.1TI VD SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE SLURRY SEAL OF CALLE ARROYO (DOUG MARTIN CONTRACTING COMPANY, INC.) The Resolution accepted the work as complete in the amount of $9,626.32, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Payment status was as follows: Total project cost $9,626.32 Less 108 retention 962.63 Amount Due $8,663.69 Staff was authorized to make payment as indicated and to release the 108 retention upon expiration of 35 days from filing of the Notice of Completion. x//51& AGENDA ITEM TO: FROM: SUBJECT: • Opril 15, 1986 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works Resolution, Notice of Completion and Final Report - Slurry Seal, Calle Arroyo (Doug Martin Contracting Company, Inc.) SITUATION The Slurry Seal of Calle Arroyo in the City 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 Orange County Recorder. NOTIFICATION Doug Martin Contracting Co., Inc. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable. FINANCIAL CONSIDERATIONS The original contract price was for $9,626.32 and the project has been completed at this cost. Funds are budgeted in the current account #01-4440-287-450 for this project. The current payment status is as follows: Total Project Cost $ 9,626.32 Less 10% Retention 962.63 Total Due to Date 8,663.69 Previous Payment -0- Amount Due $ 8,663.69 ALTERNATE ACTIONS 1. Accept the improvements. 2. Do not accept the improvements. 3. Refer to Staff for additional information. RECOMMENDATION By motion, determine that the work 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. The total amount of work performed under this contract is $9,626.32. Authorize Staff to release the 10% retention thirty-five (35) days after the recordation of the Notice of Completion. Respectfully submitted, W. D . �rph W. D. Mu� WDM/BP:nb a m m m m r A U U is y W ro ro E 7 W m oa ?+ W c ro ro Y D � G O V W E +1 .i Y Y til N U C O d r m F W U O O :01W " N ~ f rl H > 0 (.'., O W O w ro y � m Y p W C 3 O p 'O � N 4 _ ro .a ro fl F W 14 W W W C O mom „mj n vmi b W r' r n C £ W O 0.4 M p y Uy = z 0 0 0 to u rd N \) EE iMJ wV d O � m U F r U T T T a Ta a a dWv w Z muw p _'y N W W d m W= a M 9 RESOLUTION NO. 86-4-15-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE SLURRY SEAL OF CALLE ARROYO (DOUG MARTIN CONTRACTING COMPANY, INC.) WHEREAS, on the 18th day of February, 1986, the City of San Juan Capistrano entered into a contract with Doug Martin Contracting Company, Inc., for the slurry seal of Calle Arroyo; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does resolve as follows: SECTION 1. That the work required to be performed by said contractor a been completed. SECTION 2. That the total cost of said work is in the amount of 9,6 2. — SECTION 3. That the work is hereby accepted and approved. SECTION 4. The City Clerk is directed to forthwith forward a Nom t�ce of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED AND ADOPTED this 15th day of April , 1986 Kenneth E. Freis , Mayor -1- 'STATE OF CALIFORNIA ) COUNTY OF ORANGE- ) as. CITY OF SAN JUAN CAPISTRANO ) I, 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. 86-4-15-4 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 15th day of April , 1986 , by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None (SEAL) MARY ANN HOVER, CITY Y CLERK -2- March 20, 1986 NOTICE TO PROCEED MEMSERS OF THE CITY COUNCIL ANTHONY I..@LAND LAWRENCE F. EUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN S. JULIAN To: Doug Martin Contracting Company, Inc. a P. O. Box 3690 La Habra, California 90632rn c o m g m p { Project: Slurry Seal, Calle Arroyo r ;� c Amount of Contract: $9,626.32 You are hereby notified to commence work on the referenced contract on or before March 24, 1986, and shall fully complete all of the work of said contract within 45 consecutive calendar days thereafter. Your completion date is therefore May 8, 1986. The contract provides for an assessment of the sum of $100.00 as liquidated damages for each consecutive calendar day after the above established contract completion date that the work remains incomplete. Dated this 20th day of March, 1986. 'SCG% MARY ANN NOVER, CMC City Clerk ACCEPTANCE OF NOTICE Receipt of the foregoing Notice to Proceed is hereby acknowledged by hA_ Biu 22�Y this day of -Wta-Le,4 . , 1986. By: �Q_u2 lk�, 1CJes l��oi-� Doug Martin Contracting Company, Inc. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 9 (714) 493-1171 ,P)e -rSe- siy n a"\ol • February 21,1986 MUMMERS OF THE CITY COUNCIL ANTHONY L. ELAND LAWRENCE F. SUCHHEIM VENN ETH E. FRIESS GARY L. HAUSOORFER PHILLIP R. SCHWARTSE CITY MANAGER STEPHEN S. JULIAN Doug Martin Contracting Company, Inc. P. O. Box 3690 la Habra, California 90632 Re: Award of Contract - Slurry Seal, Calle Arroyo Gentlemen: The City Council of the City of San Juan Capistrano at their regular meeting of February 18, 1986, awarded the contract for the slurry seal on Calle Arroyo to your company at $9,626,32. Enclosed is a fully executed copy of the contract for your records. All required bonds and insurance need to be sent to this office within 15 days. If you fail to furnish said bonds and certificates of insurance within 15 days from the date of this Notice, the City will be entitled to consider all your rights arising out of the City's acceptance of your bid to be abandoned and as a forfeiture of your Bid Bond. The City will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award. I an enclosing pages 14, 17, and 18 of the bid documents which cite the City's reWiraments for bond and insurance amounts. The City is also to be named as an additional insured pursuant to the Standard Specifications for Public Works Colstruction. These nequirmlents must be met as stated fore contract is effective. if I can be of any help to jnr,, please do no -t hesitate to Ball_. Thank you for your cooperation. rn m C N Very truly yours, m -i - r J{rnmp .0 i,1 MARY ANN HANOM, Cly City Clerk o = MAH/mac Enclosures cc: Director of Public Works Director of Administrative Services Receipt of the foregoing Notice of Award is hereby acknowledged: this day of 1986. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 i 0 OF CONTRACT - SLURRY Written Communications: Report dated Fe ruary 18, 1986, from the Director of Public Works, forwarding results of bids received for the Slurry Seal of Calle Arroyo from La Novia to Avenida Siega. Funds were budgeted in Account 01-4440-287-450. Award of Contract: It was moved by Councilman Hausdorfer, seconded by Councilman Bland, and unanimously carried to award the contract for the Slurry Seal of Calle Arroyo to the low responsible bidder, Doug Martin Contracting Company, Inc., of La Habra, in the amount of $9,626.32, and to reject all other bids. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. �//1IIOC�b AGENDA ITEM TO: FROM: SUBJECT: CTTTTATTnM 0 February 18, 1986 Stephen B. Julian, City Manager William D. Murphy, Director of Public Works Award of Contract - Slurry Seal, Calle Arroyo Bids have been received for the Slurry Seal of Calle Arroyo from La Novia Avenue to Avenida Siega. This work is part of the City's street maintenance program. Residents will be notified in advance of the work which is scheduled for March. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable. FINANCIAL CONSIDERATIONS The City has funds budgeted in Account #01-4440-287-450 for this project. The Engineer's estimate for this work is $14,100. Bids were received as follows: Doug Martin Contracting Co., Inc. $ 9,626.32 California Pavement Maintenance Co., Inc. $ 9,782.20 Roy Allan Slurry Seal, Inc. $11,588.06 Slurry Seal of California, Inc. $15,086.54 Sunset Oil, Inc. $15,104.92 Staff is recommending award of contract to the low responsible bidder, Doug Martin Contracting Co., Inc. ALTERNATE ACTIONS 1. Award the contract. 2. Do not award the contract. 3. Request further information from Staff. RECOMMENDATION By motion, award the contract for the Slurry Seal of Calle Arroyo to the low responsible bidder, Doug Martin Contracting Co., Inc. in the amount of $9,626.32 and reject all other bids. Authorize the Mayor and City Clerk to execute the documents on behalf of the City. Respectfully submitted, �o roR W. D. Murphy WDM/BP:nb I i 11 LABOR AND MATERIAL BOND =0W ALL MEN BY THM PRESENTS 0 Premium Included Bond No. 4,996750 EXECUT"D IN TRIPLICATE That `ZZREAB, the City of San Juan Capistrano, a municipal =rporation of Orsnge County, California, has awarded to Dou( r�PTiN CONTRACTING CQrg'ANY INC. , Licence NO. 470131 r hereinafter algnat as , a Contract for ConstrUCtion of glnrry SPaI fnr I Calle Arroyo j' and. IIF. N8E8 M o said. Principal. is required to furnish a bond in. xanection with the said contract providing that if said Principal, or any of his or its sub -contractors, shall fail to pay for any Taaterials, provisions, provender or other supplies. Or teams used din, upon, for or, about the psrtormanc: of the work contracted to be done, or for.any most or labor done thereaa of any kind, the sursty or this bond will. pay the same.. NOWT TMEMM'', Principal. and sAINSET Chald firmly bo unto ty o . corporation,- in the penal ram of RX. ($.9626.32 - ) r lawf L money of payment o w cii sum well and truji our hairs, executors, r , severally, fi ,rel y by these presents . �M. e State O Ca, for to be made we bind ourselves, s end successors, jointly and TIM CONDITION OF TSS OBLIGATION is such that, if said Principal, his or its hairs, executors, administrators, successors or-assignsr or sub -contractors, shall fail to pay fOX- any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted tobe done, or for nay work or labor done therson.of any kind, or for amounts dus.under the IIaemplcymaat Insula ea Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Coda of California as amended, that the. surety will pay for the same is an amount not exceeding the sum specified in this bond and also in case suit is brongitt 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 fila claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. rM%'EZR, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, altera- tion or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this boad.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. • -24- As a part ofto obligation secured helby, 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 is successfully rm enforcing such obligation, all to be. taxed as costs and included in any judgment rendered."' IC L IN WITNESS WMREOP three (3) ideatical counterparts of this instr„*•owt, each of Which- shall for all purposes be deemed an original thereof, bays boom duly executed by the Principal and surety herein named OII the 26th day" OfFebru 1986 The name and corporate seal of eoccorporate party a ag hereto affixed and these: presents duly signed by its undersigned representatives pursuant to authority of its governing body.. IXUG NPMDI OaIrRAMPING INC. -SAFM:O INSURANCE a-MPANY OF N'1RRICP_ smwz C -25- STATE OF CALIFORNIA COUNTY OF Orange }ss. On this i8 day of March , in the year 19 86, before me, the undersigned, a Notary Public in and for said State, personally appeared Dixie Martin and WITNESS my hand and official seal. ACRNOWLEDGMEN T --Corp —Pres. 8 Sec—Wolcotls Form 222CA—Rev 5-62 ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA County of Sora AngelaS �ss on this 26th day of Martha J. Chase personally appeared E. S. Alb: personally known to me (or proved to me on the basis of satin instrument as the Attorney -in -Fact and acknowledged to me SAFECO Insurance Company of America IN WITNESS WHEREOF, I have hereunto set my hand and affix year in this certificate first above written. �� OFFICIAL SEAL P-�I. ��l luu r..f PIIOLIGCALIFORNIF '+� LU$ FNGELcS COUNTY My Commission Expires May 1, 1989 5-1167 a1 10 my I— � vidence) to be the he (she) subscribed no as Surely-Jhh in the year 1986 before me )tary Public son whose name is subscribed to this personally known to me OFFICIAL SEAL Norma Jean Nagorski (or proved to me on the basis of satisfactory evidence) to be the persons who executed the Notary Public -California ORO; within instrument as President and Secretary, respectively, of the Corporation therein named, Principal Office In and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolu-Orange County y Comm. Exp. Sept. 28, 1987 tion of its board of directors. WITNESS my hand and official seal. ACRNOWLEDGMEN T --Corp —Pres. 8 Sec—Wolcotls Form 222CA—Rev 5-62 ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA County of Sora AngelaS �ss on this 26th day of Martha J. Chase personally appeared E. S. Alb: personally known to me (or proved to me on the basis of satin instrument as the Attorney -in -Fact and acknowledged to me SAFECO Insurance Company of America IN WITNESS WHEREOF, I have hereunto set my hand and affix year in this certificate first above written. �� OFFICIAL SEAL P-�I. ��l luu r..f PIIOLIGCALIFORNIF '+� LU$ FNGELcS COUNTY My Commission Expires May 1, 1989 5-1167 a1 10 my I— � vidence) to be the he (she) subscribed no as Surely-Jhh in the year 1986 before me )tary Public son whose name is subscribed to this 400WER OF WFECO INSURANCE COMPANY OF AMERICA ((CEJ 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 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 119__83 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, W.D. Hammersla, 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 26th day of February 19 86 . 5-1300 R4 8/81 PRM tED IN U S A • a* No. 4996750 PERFORMANCE BOND Pres ,=: X51.00 f EXECUTED IN TRIPLICATE KNOW ALL MEN BY THESE PRESENTS: That DCUG MPTIN COM'Ri=ING CUIPANY, INC. Ap as Principal, hereinafter called CONTRACTOR, and smBcr INguPmlcm nr��ornry nF r,na+ornn , as Surety, hereinafter- called SURETY, are hel& and firaly'bound unto the City of San Juan Capistrano, as obligee, hereinafter called CITY, in the amount of NINE THCUSAND SIX HUNDRED 7MUEY SIX AND 32,/100 ($9626.32)- - - - Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, nAm4n--trators, successors, and assigns, jointly and severally, fairly by theta presents. WHEREAS, Contractor has by written agreement dated February 18, 1986 , entered into a (describe agreement),. Construction of"Slurry Seal for Calle Arroyo ' which contract is by reference-mada a part hereof - NOW, TEZREFORE, the condition of this obligation is such that, it Principal shall promptly and faithfully perform said agreement, thea this obligationshall 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 -22- IL IF IF I 0 be taxad as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no•changs, axtension of time, alteration, or modifi- cation 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 26`x: day of February 19 86 , at Pasadena , California. .DOUG NPAMM CCNTRAC= C v ANY, INC. By: APPROVED AS TO FORM. Z.(NOTARIZATION AND SEAL) - -23- SQRZTY SAFECD INSURANCE M4PANNY OF A4=CA i/-l.Le9-S-�� i (NOTARIZATION AN, STATE OF CALIFORNIA COUNTY OF Orange OFFICIAL SEAE28,198]7 Norma Jean Na @my Notary Public-CairPrincipal officeOrange CountComm. Exp. Sept ACKNOWLEDGMENT—Corp.—Pres 8 Sac—Wolcolts Form 222CA—Rev 5-82 I ss. On this 18 day of March , in the year 19 86, before me, the undersigned, a Notary Public in and for said State, personally appeared Dixie Martin and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary, respectively, of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolu- tion of its board of directors. WITNESS my hand and official seal. ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA County of Los Angeles ss on this 26th day of February in the year 1986 before me r ha J. Chase Notary Public personally appeared F S lh ^h 7r personally known to me (or proved to me on the basis of satisfactory eviden to be the per on whose name is subscribed to this instrument as the Attorney -in -Fact and acknowledged to me that he el subscribed t name of SAFECO Insurance Company of America ther o as Surety and,� a as At n �ds;�d IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed m Official Seal, at office Iforesai un , th year in this certificate first above written. � OFPI(,IAL SEAL c�r a �. cHasE fiou : N P , Id -CALIFORNIA -�''a;z� M1hy Cmnn!sslun Expires May 1, 1989 &1157 FIX QOWER OF WFECO INSURANCE COMPANY OF AMERICA 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 --------------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 21st day of September t9 83 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, W.D. Hammersla, 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 26th day of February 19 86 5-1300 R4 8/81 PRINTED IN U 8 A 0 B I D O P LOR I N G R E P O R T Bids opened February 10, 1986 at 2:00 am/pm Project Title Slurry Seal for Calle Arroyo Project Engineer Brian Perry Pre -Bid Estimate $14,100.00 Bid Bid Bidder: Amount Bond 1, California Pavement Maintenance Co., Inc./ �T 2. Roy Allan Slurry Seal, Inc. /� ��� ✓ 3� 3. Doug Martin Contracting Co., Inc. 4. Slurry Seal of California, Inc. A51 Q 61 5. 5. Sunset Oil, Inc. —7 6. 7. 8. 9. 10. cc: City Clerk's Staff (3) Signed Public Works (3) City Manager (1) DatedZl- The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. ' B I D P R O P O S A L ' For the: Slurry Seal for Calle Arroyo ' From: DOUG MARTIN CONTRACTING CO, 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, General Conditions and Special Pro- ' visions., and the Standard.Specifications for Public Works Con- struction, 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: /7 l -7 7�P2/4 � 4� ' Wo'rds -rFigures 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, ap- paratus, and other means of.construction; also, the performance and completion of all the work in-the,manner set forth, described ' and shown in the Specifications or the drawings for the work. If the contract is awarded, the undersigned agrees to enter ' into a contract with the 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 forty-five (45) days. ' -4- 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 this pro- posal are approximate only being 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 withinsuch further time as may be granted by ' the City Council, then said checkshall 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 BONC (insert $ 10% of bid cash", cashier's check, certified check or bidder's bond, as the case may be), in an amount equal to ' at least ten percent (10%) of the total bid. -5- 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 Licensed in accordance with an act providing for the regis- tration of contractors -- License No. 4.70131 Signature of Bidder: DOUG MARTIN CONTRACTING COMPANY, INC. Doug artin, President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co- partnera composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: February 10, 1986 153 E. Whittier Blvd., La Habra, Ca. 90632 Business Address (213) 691-9840 Telephone Number tFurther, 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: February 10, 1986 ff . Doug aS�-Inl re eB dder ' (213) 691-9840 ' Telephone Number 1 1 -6- 0 0 SCHEDULE OF WORK ITEMS SLURRY SEAL FOR CALLE ARROYO Item Approx. Work Item'With Units Unit Price Total No. Quantity (Price Written in Words) (In Figures) Amount 1. L.S. Mobilization for the lump sum price of Z C%-, dollars 2. 213,232 SF Slurry Seal for the unit price of per square foot TOTAL BID PRICE (enter here and on Page 4) 4 `4 0 .2 dollars -6a- ' 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 COMPANY, INC. the ' party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, ' company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to ' put in a false or sham bid, -and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or any- one 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 bid- der, 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 inter- ested 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 there- with, 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. -7- I1 I1 I1 II II II I1 II II II II 11 11 11 11 11 11 11 On this the _ 6 day of February , 19 86 before me, the undersigned, a Notary Public in and for said State, personally appeared Dixie Martin , personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) snP subscribed to the within instrument, and acknowledged that she executed it. WITNESS my hand and official seal. OFFICIAL SEAL Norma Jean Nagorski @my Notary Public-Caldomia Principal Office In Orange County Comm. Exp. Sept. 28, 1987 W -M 1 � � 1 DESIGNATION OF SUB -CONTRACTORS 1 Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of 1 the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the fol- lowing listed sub -contractors in making up his bid, and that the sub -contractors listed will be used for the work for which they 1 bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is 1 understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not 1 listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will 1 be written in the name of the general contractor only. 1 1 1 1 1 SUB -CONTRACTOR ADDRESS PHONE NO. DOUG MARTIN CONTRACTING CO.. INC. BIDDER'S NAME AUTHO ZED SIGNATURE Doug Martin, President ITEM OF WORK 1 1. 2. 1 3. 1 _ 4. 5. 1 6. 7. 1 8. 1 1 1 1 1 SUB -CONTRACTOR ADDRESS PHONE NO. DOUG MARTIN CONTRACTING CO.. INC. BIDDER'S NAME AUTHO ZED SIGNATURE Doug Martin, President II Il r L� LJ 0 BID BOND 0 BOND NO. 4994526 'Rhe Premium Charged for this Bond c included in that shown nn the Annual Bid Bond." KNOW ALL MEN BY MMSE PRESENTS, that we, DOUG MARTIN CONTRACTING COMPANY, INC., La Habra, CA as PRINCIPAL, and SAFECO INSURANCE COMPANY OF AMER.rCA , existing under the laws of the State of California, and whose principal office is located in the City of the CITY OF SAN JIIAN CAPISTRANO, Orange County, California, in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID IN DOLLARS lawful money of the united'States of America to be paid to the said CITY OF SAN JUAN CAPISTRANO, for which payment well and truly to be made, we bind ourselves, our heirs, successors, executors, administrators and assigns, jointly and severally, by these presents. THE CONDITION OF i'HIS OBLIGATION is -such that whereas 'the Principal has submitted the accompanying, bid dated February 10, 19 86 , for the construction OfL. SLURRY SEAL FOR CALLE ARROYO for the City of San Juan Capistrano, Orange County, California. NOW, TEMREFORE, 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 -20- I I included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City is successfully enforcing such tobligation, all to be taxed as costs and included in any judgment rendered. 1 L 1 IN WITNESS WHEREOF, the above -bounden parties have executed this instrument under their several seals this iorh day of February 19 86 , 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 1 1 1 1 - ATTEST Title_ APPROV AS TO FORM. Lam• V\{QA Attorney -21- DOUG MARTIN CONTRACTING COMPANY, INC. PRINCIPAL By• Title � SAFECO INSURANCE COMPANY OF AMERICA SURETY -,L. a. Alorecnr, jr. � Title Attorney -in -Fac i ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA County of Los Angeles �as on this loth day of February ,in the year 1986 , 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 e instrument as the Attorney -in -Fact and acknowledged to me that he SAFECO Insurance Company of America thereto IN WITNESS WHEREOF, I have hereunto set my hand an ffixed my� year in this certificate first above written. OFFICIAL SEAL TINA DURAND # NOTARY PUBLIC•CALIFORNIA e LOS AN LES COUNTY My Commission Expires Sept, T, 1888, Si 157R110/B�''�"r''r�� be the person whose name is subscribed to this Of irety and his (herTXw ey-in-Fact. 'Seal, at my %ffice in t�t aforesaid County,'Itw day and QOWER OF WFECO INSURANCE COMPANY OF AMERICA 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 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 19 83 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 -taws, and Iii) 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, W.D. Hammersla, 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 10th day of February 19 5-1300 R6 8/81 PRINTED w U 5 A 0 AFFIDAVIT OF PUBLICATION 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 County Judicial District; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of %aid newspaper and not in any supple- ment thereof oil the following dates, to wit: January 16t 23+ 1986 I declare under penalty of perjury that the foregoing is lure and correct. Executed at Mission Viejo, Orange County California, this ... 2.4... dayof Jan 19..86x.... Signature Capistrano Valley News 23811 Via Fabricante P.O. Box 3629 Mission Viejo, Calif., 92690 n u This space is for the County Clerk's Filing Stamp Proof of Publication of NOTICE INVITNG BIDS -r>W'MI�IIR � 160em is hereby given that i1�a11 Ctr UnJuan Capistrano vvilldy' nMa sealed proposal, ar bid, *y 6616srey seal for Elley= W l p.m. on the lOtb days of eanterence is •al January & ON MARY ANN R N Cl 7 Y CITY E . IAIUNTY, cAilpfailMA C NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Jody Kolar, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: C� THURSDAY, JANUARY 16, 1986 and THURSDAY, JANUARY 23, 1986 NOTICE INVITING BIDS - SLURRY SEAL FOR CALLE ARROYO PROOF OF PUBLICATION: Please send to: AUTHORIZED BY: DATE: January a, iyao City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 Date of Bid Opening Date(s) notice published Date affidavit received Date notice posted in designated posting places (3) - 2/10/86 - 1/16/86 6 1/23/86 - 1/16/86 NOTICE INVITING BIDS SLURRY SEAL FOR CALLE ARROYO Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the slurry seal for Calle Arroyo until 2:00 P.M. on the 10th day of February, 1986. A pre-bid conference is scheduled at 10:00 A.M. on the 3rd day of February, 1986, 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 a non-refundable charge of $10.00, plus a charge of $5.00 for each set of Plans and Specifications mailed. Dated: January 8, 1986 ITY CLE CITY OF AN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA .. • • N O T I C E I N V I T I N G B I D S Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 10th day of February: 1986, receive sealed proposals or bids for the Slurry Seal for Calle Arroyo in accordance with the approved plans, specifications, general conditions and special provisions,: and the Standard Specifica- tion for Public Works Construction, 1985 Edition, including all supplements 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 specifications. 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 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 3rd day of February, 1986. at the City offices. The contractor shall have the opportunity for clarification or interpretation 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 disseminate 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 interpretation of the plans, specifications, and contract documents presented to the bidders in any manner. 9 The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Perfor- mance 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. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respec- tive 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 offorty-five (45) 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 speci- fications 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 $5 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. -2- 0 0 This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 61,1- day of CITY CLE CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- 1, CONTRACTS, AGREEMENTS Written Communications: Report dated -January 7, 1986, from the Director of Public Works, requesting approval of plans and specifications for the slurry seal of Calle Arroyo from La Novia Avenue to Avenida Siega as part of the City's street maintenance program. The Engineer's estimate for the work was $14,100; funds were budgeted in Account No. 01-4440-286-450. Approval of Specifications/Call for Bids: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried to approve the plans and specifications for the Slurry Seal for Calle Arroyo Project and to authorize a call for bids. i AGENDA ITEM January 7, 1986 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Plans and Specifications and Call for Bids - Slurry Seal, Calle Arroyo CTTTTLTTnM Plans and specifications have been prepared for the Slurry Seal of Calle Arroyo from La Novia Avenue to Avenida Siega as part of the City's street maintenance program. Residents will be notified in advance of the work which is anti- cipated to take between one and two weeks and is scheduled to take place in Spring 1986. An area map is attached and plans and specifications are available for inspection in the office of the City Engineer. Staff is requesting approval of the plans and specifications and authorization to receive bids. COMMISSION/BOARD REVIEW, RECOMMENDATION No applicable. FINANCIAL CONSIDERATIONS The City has funds budgeted in Account #01-4440-287-450 for this project. The Engineer's estimate for the work is $14,100. ALTERNATE ACTIONS 1. Approve the project. 2. Do not approve the project. 3. Request further information from Staff. RECOMMENDATION By motion, approve the plans and specifications of the Slurry Seal for Calle Arroyo Project and authorize the receipt of bids. Respectfully submitted, W.D.' rp W. D. Murphy WDM/BP:nb STET IMPROVEMENAOR SLURRY SEAL OF CALLE ARROYO PLANS AND SPECIFICATIONS ARE AVAILABLE FOR INSPECTION IN THE OFFICE OF THE CITY ENGINEER 0 May 14 1986 gift • 1 D�,�. nalmlro uan � 1961 1776 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE P. SUCHHEIM KENNETH E. PRIEBE GARY L. HAUSOORPER PHILLIP R. SCNWARTZE CITY MANAGER STEPHEN B. JULIAN Doug Martin Contracting Company, Inc. P. O. Box 3690 La Habra, California 90632 Re: Completion of Slurry Seal, Calle Arroyo (Doug Martin Contracting Company, Inc.) Dear Sir: The City Council of the City of San Juan Capistrano at its regular meeting held April 15, 1986, adopted Resolution No. 86-4-15-4 accepting the work completed for the slurry seal of Calle Arroyo, in the amount of $9,626.32. A copy of Resolution No. 86-4-15-4 is enclosed for your information. The Council directed that the balance due,- in the amount of $8,663.69, be payable immediately. The retention will be payable upon 35 days -from recording of the Notice of Completion. The Notice was recorded on April 22, 1986; therefore, the final payment, in the amount of $962.63, may be released on May 27, 1986. Thank you for your cooperation. Very truly yours, MARY AN HANOVER, CMC City Clerk MAH/mac Enclosure cc: Director of Public Works Director of Administrative Services Accounts Payable 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 GO TR TYPE OF INSURANCE POLICY NUMBER POLICY ERECRVE DATE (MMND/YY) POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS In=INCE BODILY H AGGREGATE DATE (MMNDIvh GENERAL LIABILITY A COMPREHENSIVE FORM 2026-0-054126 12/18/85 12/18/86 INJURY $ $ PREMISES/OPERATIONS PROPERTY X UNDERGROUND DAMAGE $ $ E%EXPLOSION& COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS X CONTRACTUAL g1+000+ $1+000+ cIOMBINEO INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE, X PERSONAL INJURY PERSONAL INJURY $1+000} AUTOMOBILE LIABILITY WRY - A X ANY AUTO 20*02'05RS 12/18/85 12/18/86 NARY IRA MIDI) $ X ALL OWNED AUTOS (PRIV. PASS.) WKY X ALL OWNED AUTOS (OTHERPRIV.PASSN) $ X HIREO AUTOS X NON-OWNED AUTOS PROPERn DAMAGE ,$ GARAGE UABRITY BI 8 PD COMBINED $1,000, EXCESS LIABILITY UMBRELLA FORM COMBINED $ $ _�. OTHER THAN UMBRELLA FORM ' WORKERS' COMPENSATION STATUTORY -92 + (EACH ACCIDENT) ~A AND - 0.6/15/85 06/19/m$ , (OISEASE4'OUCY LIMIT) EMPLOYERS' LIABILITY - t DISEASE-EACHEMPLOYEE) OTHER r_ Operations: Slurry Sea/ - lie AI'reyn Contract Price 49,626.32 DESCRIPTION OF OPERATIONS/LOCATIONIS/VEHIC16i; ECIAL ITEMS r i s agreed City of San duan Capistriano is included as an Additional Insured, but solely as respects work performed and vehicles Used by or on behalf of the Hued Insured in connection with the above described project. City of San Juan Capistriano SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLIR 32400 Paseo Adelanto PIRATIJ DATE THIOUI THE ISSUM COMPANY WILL MAR T San Juan Capistrano, CA 92675 ISSUE DATE MIDDrM (M V PebPUdP 26 1986 PRODUCER THIS CERTIFICATE 16 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THF CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL R THE COVERAGE AFFORDED SY THE POLICIES BELOW. Corroon t Black Insurance Services COMPANIES AFFORDING COVERAGE P. 0. Box 40190 Pasadena, CA 91109-0190 COMPANY A LETTER Employers Insurance of Nausau COMPANY B INSURED LETTER COMPANY C Doug Martin Contracting Company, Inc. LETTER 1262 Oakcrest Street COMPANY D Brea, California 92621 LETTER COMPANY EE LETTER ..., THS T 6ERT'Mv T HkYE'BEmN �TpO.TT..}H.�E NAItED .. AOLICY PIOMDDBI ITED. NXfiN�T71N0BYGR "- ANY(3►rl'RgC7OTFER" YPJ•TN --TO�trTNBAaER13°IWITEABAT YHE RiLNCE d BE - D BY THE POLICIES 0 DESCRNK€D MERElI' SUmJECT TO ALl TINT TERMS, EXCLUSKMiB, AND CONDF ION.9 8UC:ITI�POLICIE&04 CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMOWM POLICY EXPIRATION DATE (MMIDOW LIABILITY LIMITS IN THOUSANDS OCCUR ENCE AGGREGATE GENERAL LIABILITY BODILY A COMPREHENSIVE FORM 2026-00-054126 12/19/85 12/19/86 BUURY $ $ PREMISES/OPERATIONS PROPERTY X DIPL ION COLLAPSE HAZARD ERGROUND DAMAGE $ $ X PRODUCTS/COMPLETED OPERATIONS X CONTRACTUAL $1,000, $19000, COMBINED X INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGE X PERSONALINJURY PERSONAL INJURY AUTOMOBILE LIABILITY MYNION p A X ANY AUTO 2036.02-054136 12/18/85 12/19/86 M Powit $ X ALL OWNED AUTOS (PRIV. PASS.) 80gLY X ALL OWNED AUTOS ( JRP6N)ffR i(,WIExp $ 'I X HIRED AUTOS X NON.OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY BI a PD - COMBINED $1,000, EXCESS LIABILITY UMBRELLA FORM BI a PD COMBINED $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY AND + (EACH Ac A 2p1t+ 00-0511 0 nWo 06/19/96 POLIC , (DISEASEEACHY LINBT) EMPLOYERS' LIABB.TIY , (DISEASE --EACH EMPLOYEE) OTHER Operations: Slurry ,seal - Calle Arroyo - Contract Price 01,4626.32 OF OPERATBDNSILOCATIOiVSNEHtt:I,ESma'EOUM: ITEMSKIM1 agreed City of 9an'luan Capistrian0 is intimi as an Additional Insured, tint solely as respects work performed and vehicles IDESCRIPTION Ised by or on behalf of the famed Insured in connection with the above described project. City Of San loan Capistriarw MY OFE CANCELLED PIRRAAT HE 32400 Paseo Adelanto CA DDATTLD HEERREd , TDE ISSUNJCOMPANY WILL END�4 3UV San Juan Capistrano, CA 92675 MAIL T T x AU . MEMORANDUM TO: FROM: DATE: SUBJECT: 0 dww, }/Y� IIfR10111(1 ' alumxo 1961 1776 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 Interested Persons Mary Ann Hanover, City Clerk February 21, 1986 Award of Contract - Slurry Seal, Calle Arroyo At their meeting of February 21, 1986, the City Council took action to award the contract for the slurry seal on Calle Arroyo to the low responsible bidder, Doug Martin Contracting Company, Inc. All other bids were rejected. Thank you for your interest in questions, please let us know. MARY ANN HANOVER MAH/mac this project. If you have any cc: Director of Public Works California Pavement Maintenance Ray Allan Slurry Seal, Inc. Slurry Seal of California, Inc. Sunset Oil, Inc. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 w O �I W b ro a d '-I F 41 U 0 0 a M "E N Q v w L4 P4 E !i ra a� N N ro pa 9 d .p N a N Ak N .p c N En v N a+ 0 ca fn w 0 qk ra 0) A A ro v „ a .q N 0 o a V)\ h o x v N Gr ro U qq 0i. 0 S^ "o r v t z wrn o u, wv ^ � 0, y QI 017, 'YG1 0.Ai ul ro N _Kzzz 0 E CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS SLURRY SEAL FOR CALLE ARROYO CITY COUNCIL PHILLIP R. SCHWARTZE, MAYOR KENNETH E. FRIESS ANTHONY L. BLAND LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER CITY MANAGER S. B. JULIAN DIRECTOR OF PUBLIC WORKS W. D. MURPHY NOVEMBER 1985 0 0 TABLE OF CONTENTS TITLE CONTRACT DOCUMENTS Notice Inviting Bids -------------------- Bid Proposal --------------------------- Schedule of Work Items ----------------- Non-Collusion Affadavit ---------------- Designation of Sub -Contractors --------- Instruction to Bidders ----------------- Contract ------------------------------- Bid Bond -------------------------------- Performance Bond ------------------------ Labor and Material Bond ---------------- Listing of Surety Companies ------------- PAGE ------------- 1 ------------- 4 ------------- 6a ------------- 7 ------------- 9 ------------- 10 ------------- 16 ------------- 20 ------------- 22 ------------- 24 ------------- 26 SPECIAL PROVISIONS Work To Be Done ------------------------------ Standard Specifications ---------------------- Terms Defined -------------------------------- Flow and Acceptance of Water ----------------- Water---------------------------------------- Insurance and Overhead Costs ----------------- Protection of Existing Utilities ------------- Protection of Private Property --------------- Construction Zone ---------------------------- Pre-Construction Coordination Meeting -------- ITEMS OF WORK AND METHOD OF PAYMENT Mobilization --------------------- Slurry Seal ---------------------- -i- -------------- 35 -------------- 35 II N O T I C E I N V I T I N G B I D S Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 10th day of FehrfjY , 1986, -receive sealed proposals or bids for the Slurry Seal for Calle Arroyo in accordance with the approved plans, specifications, general conditions and special provisions; and the Standard Specifica- tion for Public Works Construction, 1.985 Edition, including all supplements 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 specifications. 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 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 3rd day of February, 1986] at the City offices. The contractor shall have the opportunity for clarification or interpretation 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 disseminate 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 interpretation of the plans, specifications, and contract documents presented to the bidders in any manner. -1- I ' The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Perfor- mance Bond equal in the amount of one -hundred percent (1008) of the contrast price. The surety bond company must be selected ' from among the surety companies set forth in the surety list provided herein. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respec- tive 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 forty-five (45) 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 determinedby 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 t of the City Clerk of San Juan Capistrano,. 32400 Paseo Adelanto, San Juan Capistrano, California_ Copies of the plans and speci- fications 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 eachset of.plans and specifications. There will be a $5 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.. ' -2- This notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this day of HE II II 1 I CITY CLE CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- INSTRUCTION TO BIDDERS Securing Documents Plans, specifications and other contract documents will be available for examination without charge and copies may 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, general conditions and specific 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 Con- tractor 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 discrepapcies in, or omissions from the drawings, specifications 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, -10- II II I I II 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 City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. 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. Be- fore 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 cor- poration 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. Where there is a conflict in the words and the figures, the words shall govern. -11- 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, equip- ment and references properly and fully filled out. E. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the pro- visions 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. 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 re- presented 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 by 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. -12- 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. Licensina 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. Withdrawl of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for re- ceipt 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 Resection 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 con- tract 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 any nonconformity in the bids received. -13- 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 after 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 the City's ' acceptance of the Labor and Materials Bond and the Faithful Per- formance 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 corpora- tion to which an award is made shall furnish evidence of its cor- porate existence and evidence that the officer signing the con- tract and bonds for the corporation is duly authorized to do so. t 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 (1008) 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 ' (1008) of the amount of the contract. Said bonds shall be secured from a surety company satisfactory to the City. Surety ' companies, to be acceptable to the City, must be authorized to do business in the State of California and be on the accredited ' list of the United States Treasury. Time of Performance ' The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently prosecuted until completion. A time limit of forty-five -14- ' ( 45 ) calendar days from the date of execution of the contract 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. ' 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. 1 1 1 -15- • Prepared by ffice of City Attorney an 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 PM Insurance Company Alaska Pacific Assurance Company Allendale Mutual Insurance Company Allstate Insurance Company American Automobila Insurance Company American Casualty Company of Reading, Pennsylvania American Centennial Insurance Company American Credit Indemnity Compa*, 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 Auto -Owners Insurance Company Balboa Insurance Company Bankers Multiple Line Insurance Company -26- • Listing of Surety Companies Cont'd. Page Two Boston Old Colony Insurance Company The Camden Fire Insurance Association Centennial Insurance Company Central Mutual Insurance Company The Central National Insurance Company of Omaba The.Chartet 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. InsurapeAL-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 The Glens Falls Insurance Company Global Surety s Insurance Co. Globe Indemnity Company Grain Dealers Mutual Insurance Company Great American Insurance Company -27- 1 • 9 ' Listing of Surety Company Cont'd Page three ' 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 a 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 Indemn3.ty Xompany 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 ' 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 -28- • 0 Listing of Surety Companies Cont'd Page Four 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 Prudential Reinsurance Company ' 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 -29- i Listing of Surety Companies Cont'd Page Five 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 Comganq.L = - Trinity Universal Insurance Comg;ny Twin City Fire Insurance Company Unigard Security Insurance Company United Fire a Casualty Company United Pacific Insurance Company United States Fidelity and Guaranty Company United States Fire•Insurance Company 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 -30- 0 J 0 0 WORK TO BE DONE The work to be done under this contract in general consists of the application of approximately 213,232 square feet of ' slurry seal to Calle Arroyo in the City of San Juan Capistrano. ' The work shall include all specified and necessary traffic control to accomplish the works. 1 1 I II II II II -31- 1 ' SPECIAL PROVISIONS 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 these books 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 Direcgor, 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 Con- tractor 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 1 -32- will be credited with the amount of monies so 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. ' "Section Change 2: 8 - Facilities for Agency Personnel" Delete this Section. 2. TERMS DEFINED ' whenever in the said Standard Specifications the follow- ing terms are used., it is hereby provided that the ' following City Department 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. 0 ' ENGINEER shall mean City Engineer or other person(s) designated.by same. ' 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. ' 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 con- ' struction shall conform to the "Standard Specifications," Capistrano Valley Water District, and "The Uniform Plumbing Code," 1982 Edition. 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 pro -rated to the appro- priate bid items. -33- I ' 6. PROTECTION OF EXISTING UTILITIES (UNDERGROUND SERVICE ALERT) ' 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 must=contact Underground.Service Alert, prior to commencing work by calling (800) 422-4133. ' T. PROTECTION OF PRIVATE PROPERTY The Contractor must roma-in within the construction zone to the -best of his ability. The Contractor must protect all ' existing private: property.. 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 con- struction 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 here -in shall be construecl 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. 9. 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 constrution 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. ' -34- 0 0 SPECIAL PROVISIONS OF ITEMS OF WORK 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 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 thiese specifica- tions 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 a cationic quick -setting type conforming to the requirements ' for CSSlh grade under ASTM designation D2397, "Cationic Emulsi- fied 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. ' -35- 1 ' 2.02(c) Aggregate - Aggregate shall consist of sound, durable crushed stone or crushed gravel and approved mineral filler. t The material shall be free from vegetable matter and other deleterious substances. Aggregates shall be 1008 crushed with no rounded particles. The percentage composition by weight of the aggregate shall conform to the following ' grading: PERCENTAGE PASSING ' SIEVE SIZES TYPE II 3/8" 100 ' NO. 4 90-100 NO. 8 65-90 NO. 16 40-70 ' NO. 30 25-50 NO. 200 Theoretical asphalt con- 5-15 tent, % dry aggregate 7.5-13.5 ' Approx. application rate (pound per square yard) 10-15 The aggregate shall also conform to the 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 con- ditions 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 flowmeters shall be provided to measure both the ' -36- 0 0 addition of water and liquid admixtures to the pugmill. If nece- ssary 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 pro- portioned separately in a manner that will result in a uniform and homogeneous blend. Uniformity of distribution of asphalt will be determine by extrac- tion 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 be mixed in a 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. 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 -37- I ' 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 the 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 mix- ture shall not be applied if high relative himidity prolongs the ' curing beyond a reasonable time. Before placing the slurry seal, the pavement surface shall be ' cleaned by sweeping, flushing or other means necessai; to remove all loose particles of paving, all dirt and all other extraneous materials. ' -38- 0 0 Prior to 72 hours before beginning slurry seal operations, the contractor shall notify all residents, businesses and agencies by an approved written notice detailing streets and limits of work to be done and the hours of work which shall be between 8 a.m. and 4 p.m. with no slurry to be applied after 1:30 p.m. This must include, but need not be limited to the following. The contractor shall notify all residences on Paseo Duran and Paseo Esteban, which are both cul-de-sacs, of the hours of closure of access to and from Calle Arroyo. The contractor shall post all streets intersecting with Calle Arroyo of the hours of closure of access to and from Calle Arroyo. 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. 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 appro- priate 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 the emulsion and aggregate after setting. 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. PAYMENT - The unit price per square foot for slurry seal shall include full compensation for furnishing all labor, materials -39- ' 0 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, all as shown on the plans, as specified in these specifications and as directed by the Engineer, ' and no additional compensation shall be made. L 1 1 II II II II