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1987-0505_MARTIN CONTRACTING COMPANY, INC, DOUG_Contract. XEMPT C1 87=318419 RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano City Clerk's Department / 32400 Paseo Adelanto Mary Ann H ver, City 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., for the performance of the following work: CONSTRUCTION OF SLURRY SEAL OF VARIOUS CITY STREETS That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 2nd day of June, 1987, by Resolution No. 87-6-2-1. That upon said contract, the Wausau Underwriters Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF SAN JUAN CAPISTRANO ) 2nd day of June ,1987. Mary Ann H946v6r, City Clerk City of San6luan Capistrano I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 2nd �cwnULD !N OFFICIAL RLCGF,DS OF ORANGE COUNTY CAL!FORNIA -215 PM JUN 5 '87 day of June 1987. Mary Ann Hayy'dver, City Clerk City of San Tuan Capistrano rZ•J`iilil IUM Copy" This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and Doug Martin Contracting Company Inc. hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 1995 Edition, including all Supplements, Contract Bonds, Resolu- tions adopted by the City Council pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of SLURRY SEAL OF VARIOUS CITY STREETS in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting -14- Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay City such sum as the Court may judge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by City in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or -15- any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. R CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this construction agreement. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB- CONTRACTOR, for each calendar day during which such workman is required or -16- permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN CAPISTRANO DATED: May 5, 1987 BY: M OR H BL D ATTEST: Ma y Ann H ver, Cit*Cl AS TO FORM: BY: DOUG MARTIN CONTRACTING COMPANY, INC. CONTRACTOR -17- Dixie Martin, Secretary R 0 0 It was oved by Councilman Schwartze,econded by Councilman Hausdorfer, at the staff rec mendations be accepted folthe following items listed on Consent Calendar. motion carried by the follo ing vote: 1. AYES:\ Councilmen Schwart�e, Friess, Buchheim Hausdorfer, and May r Bland NOES: ABSENT: None The List of Demands dated Ma 21, 87, Warrant Nos. 3,175-3,307, in the total amount of $160,233.87, was approv s submitted. 2. CITY TREASURER'S REPORT The City Treasurer's Rep t of Cash amount of $171,775.14 as approved 3. REPORT OF PAR AND RECREAT The Report ted June 2, 1987, fro Commissio ,regarding actions taken receive nd filed. 4. RE90RT OF PLANNING COMMISS 5. The Report dated May 27, 1987, regarding actions taken at the m f iled. ND BALANCES as of April 30, 1987, in the total the Secretary of a Parks and Recreation [ the meeting of Ma l8, 1987, was ordered ACTIONS (440.40) e Secretary of the Planning mission, of May 26, 1987, was ordered rec ' ed and As set forth in the report dated June 2, 1987, from the Director of Public Works, the Slurry Seal of Various City Streets was completed. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 87-6-2-1. COMPLETION OF SLURRY SEAL I. VIVIrn1V i / - n RCJVLU 1 LVIN VF 1 RC 1.11 I 1. UINl L1 VF ! RG CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE SLURRY SEAL OF VARIOUS CITY STREETS (DOUG MARTIN CONTRACTING COMPANY, INC.) -2- 6/2/87 0 0 The Resolution accepted the work as complete in the amount of $58,107.41, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to make payment as indicated and to release the 10% retention, in the amount of $5,810.74, thirty-five days after recording the Notice of Completion. N COMPLETION OF CITY YARD PAVING/9C 'Q' HALL PARKING A set forth in the report dated Junel, 1 Cit Yard Paving/City Hall Parking Trea g Resolution was adopted: RESOL ION NO. 87-6-2-2COMPLI PAVING . J. NOBLE COMPANY - CITY COU IL OF THE C[TY OF SP CALIFORNIA, ECLARING WORK TO PLANS ANDSNIFICATIONS FOR T THE CITY YARAVING (R. J. NOBLE The Resolution accepted t e work as coi directed the City Clerk t forward a Recorder. Staff was authori d to make 10% retention, in the amount f $3,207 Notice of Completion. 7. CLAIM FOR INDEMNITY (LYNNE E EN As set forth in the report dat/by Indemnity filed on May 14, 1Ellen Gjertsen, in conjunctiodenied and forwarded to the C8. RESOLUTIONS APPROVING EXCEPTION TO PARKING FACILITY DES PRICE CLUB) (410.60/440,M As set forth in t/rort dated June 2, Planning and Deve, the following R May 19, 1987, werd: RESOLUTION NO. 87-6-2- m the Director of Public W was completed. TION OF CITY Y JUAN CAPISTfiKANO, E COMPLETE AS TO ' CONSTRU ION OF int amount of $32,070.80, and Completion to the County as indicated and to release the ty-five days after recording the TSEN) (170.7 from the City Attorney, the Claim for Donald S. DiBella on behalf of Lynne t 20, 1986, automobile accident, was ester, Carl Warren and Company. , TO MUNIC Director of Community ning Council's actions of \1 -RL L 1..LVO/ - n RL.JVLVIIVIV VC 1RG 1-11 i I.VVIV Vl 1Jr TH CITY OF SAN JUAN CAP TRANO, CALIFOR A, PROVING EXCEPTION TO MUNI IPAL CODE SECTION - 602, "PARKING FACILITY DES GN STANDARDS," T REDUCE PARKING STALL WIDTH rROM 9-1/2 FEET TO 9 FEET (PRICE CLUB) -3- 6/2/87 AGENDA ITEM TO: FROM: SUBJECT: Silt I ATRIN 0 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works f June 2, 1987 Resolution, Notice of Completion and Final Report - Slurry Seal of Various City Streets (SB 300)(Martin) The following City streets have been slurried to the satisfaction of the City Engineer and are ready for acceptance by the City Council and a recordation of a Notice of Completion with the County Recorder: Calle Aspero, Via de Linda, Avenida Evita, Paseo De Elena, Paseo De Tania, Paseo De Hermosa, Paseo De Alessandro, Calle Ricardo, Paseo De Juanita, Via Alicia, Via Carlos, Paseo De Manuel, Via De Aguila, Paseo Sanchez, Via De Olivia, Via De Gavilan, Paseo Manana, Via De Toledo, Aguacate Road, Via Estelita, Calle Winona, Paseo Rosa, Via Belardes, Calle Reynalda, Calle Delphina, Calle Lucana, Paseo Belardes, Calle Rio Vista, Calle Chueca, Calle Resplendor, Calle Lorenzo, Calle Santa Rosalia, Calle Bonita, Via Los Pajaros, Paseo Ampola, Paseo Acacia, Paseo Sereno, Paseo Olivos, Paseo Nogal, Paseo Naranja and Avenida Larga. NOTIFICATION Doug Martin Contracting Co., Inc. COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The contract was awarded to Doug Martin Contracting Company, Inc. for $56,394.65 and was completed for $58,107.41 due to a minor increase in the quantity of work performed. ALTERNATE ACTIONS 1. Accept the improvements. 2. Do not accept the improvements. 3. Refer to Staff for additional information. �S AGENDAITEM June 2, 1987 Page 2 RECOMMENDATION By motion, determine that the work for the Slurry Seal of Various City Streets has been completed and declare the work to be accepted; direct the City Clerk to forward a Notice of Completion to the County Recorder for recording and authorize Staff to release the 10 percent retention in the amount of $5,810.74 thirty five (35) days after the recordation of the Notice of Completion. Respectfully submitted, W. D. Murphy WDM/BP:nb • • RESOLUTION NO. 87-6-2-1 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 CONSTRUCTION OF SLURRY SEAL OF VARIOUS CITY STREETS (DOUG MARTIN CONTRACTING COMPANY) WHEREAS, on the 5th day of May, 1987, the City of San Juan Capistrano entered into a contract with Doug Martin Contracting Company, Inc., for the Slurry Seal of Various City Streets; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, that 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 has been completed. SECTION 2. That the total cost of said work is in the amount of $58,107.41. SECTION 3. That the work is hereby accepted and approved. SECTION 4. The City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. of PASSED, APPROVED, AND ADOPTED this 2nd June .1987. ATTEST: CITYCLERK' ANTHONY L. AND, MAYOR -1- day STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss 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. 87-6-2-1 adopted by the City Council of the Citdy of San Juan Capistrano, California, at a regular meeting thereof held on the 2n day of ,lune , 1987, by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, liausdorfer, and Mayor Bland NOES: None ABSENT: None (SEAL) MARY ANN,PANOVER, CITY CLERK -2- lease sign, date, and ret"L!L`n errear Thank you. Jaft �,,iwk"�'.�� 1961 1776 ' NOTICE TO PROCEED TO: Doug Martin Contracting Co., Inc. P.O. Box 3690 La Habra, CA 90632 Project: Slurry Seal of Various City Streets Amount of Contract: $56,394.65 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. SUCH HEIM KENNETH E. FRI ESS GARY L. HAUSDORFER P HILL IP R. SCHWARTZE CITY MANAGER STEPHEN 8 JULIAN You are hereby notified to commence work on the referenced contract on or before May 7, 1987, and shall fully complete all of the work of said contract within 40 consecutive calendar days thereafter. Your completion date is therefore June 16, 1987. 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 6th day of May, 1987. MARY A HANOVER, CMC rnt� City Clerk ACCEPTANCE OF NOTICE Receipt of theforegoing Notice to Proceed is hereby acknowledged by 0. LL t , l YI l2 this rL day of , 1987. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 x 0 MOVE MAY 13 4 o9 GM 17 CITY CLERK DEPARTMENT CIT; C�F !,!ill J6ktN C e PA+G May 7, 1987 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSOORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Doug Martin Contracting Company, Inc. P. O. Box 3690 La Habra, California 90632 Re: Award of Contract - Slurry Seal of Various City Streets Gentlemen: The City Council of the City of San Juan Capistrano at their regular meeting held May 5, 1987, awarded the contract for the Slurry Seal of Various City Streets to your company at $56,394.65. Enclosed is a fully executed copy of the Agreement for your records. You are required to return an acknowledged copy of this Notice of Award. Thank you for your cooperation. If I can be of any help to you, please do not hesitate to call. Very truly yours, Mary Ann Hanover, CMC City Clerk MAH/mac Enclosure cc: Director of Public Works Director of Administrative Services Receipt of the foregoing Notice of Award is hereby acknowledged: This /a day of , 1987. '12400 PASEO ADEL.ANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 111 i71- 1 5. REPORT OF TRAFFIC AND TRANSPORT-KfION COMMISSION ACTIONS (590.20) The Report datedMay 5, 1987, m the Secretary of the Traffic and Transportation Commission, regarding act' s taken at the meetings of April 8, and 22, 1987, was ordered received=CAMINO 6. STATUS REP CAPISTRANO BRIDGE (840.20) The rrt dated May 5, 1987, from the Director of Public Works, setting forth the s s of construction of the Camino Capistrano Bridge, was ordered received and 7. 8. -SLURRY SEAL As set forth in the report dated May 5, 1987, from the Director of Public Works, the contract for the slurry seal of various City streets in the Aguacate area, the Casitas and Casas Capistrano, and San Juan Hills developments, was awarded to the Doug Martin Construction Company, Inc., of La Habra, at $56,394.65. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. SPECIFICA The ans and Specifications for modification of the traffic signal at Del Obispo Street d Blue Fin Drive to provide separate left turn phasing, were approved, as set forth \jn the report dated May 5, 1987, from the Director of Public Works. Constructioh cost was estimated at $80,000; the County had verbally agreed to reimburse the, City for $25,000 of the cost. Funds were budgeted in Account 12-6900-4710-11,2. Staff was authorized to call for bids. Council recessed at 7:30� .m., to convene the San Juan Capistrano Community Redevelopment Agency, and r onvened at 7:33 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. AWARD OF CONTRACT FOR EMER ENCY AMBULANCE SERVICES (600.30) This item was continued from the meeting1\of April 21, 1987. Written Communications: Report dated May 5, 1987, from the Senior Aoministrative Assistant, requesting additional time to review new information pertain to the issue. V -5- 5/5/87 0 AGENDA ITEM May 5, 1987 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract - Slurry Seal of Various City Streets (SB 300) - (Martin) SITUATION Bids have been received for the slurry seal of the following City streets: Calle Aspero, Via de Linda, Avenida Evita, Paseo De Elena, Paseo De Tania, Paseo De Hermosa, Paseo De Alessandro, Calle Ricardo, Paseo De Juanita, Via Alicia, Via Carlos, Paseo De Manuel, Via De Aguila, Paseo Sanchez, Via De Olivia, Via De Gavilan, Paseo Manana, Via De Toledo, Aguacate Road, Via Estelita, Calle Winona, Paseo Rosa, Via Belardes, Calle Reynalda, Calle Delphina, Calle Lucana, Paseo Belardes, Calle Rio Vista, Calle Chueca, Calle Resplendor, Calle Lorenzo, Calle Santa Rosalia, Calle Bonita, Via Los Pajaros, Paseo Ampola, Paseo Acacia, Paseo Sereno, Paseo Olivos, Paseo Nogal, Paseo Naranja and Avenida Larga. Bids were received as follows: Doug Martin Contracting Company Inc. $56,394.65 Valley Slurry Seal Company $68,347.27 IPS Services Inc. $69,472.83 Roy Allan Slurry Seal Inc. $69,879.60 California Pavement Maintenance Company Inc. $81,349.50 Staff is recommending award of contract to the low responsible bidder Doug Martin Contracting Company Inc. NOTIFICATION All residents will be notified seventy-two hours before slurry seal operations begin by 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. Street shall also be posted 36 hours in advance of work with temporary "No Parking - Tow Away" signs at 100 foot intervals. These signs shall also state the day of the week, hours of parking, and Contractor's name. COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not applicable. 1 E7 Agenda Item . • May 5, 1987 Page 2 FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is $71,000, and the low bid is $56,394.65. Fifty-five thousand dollars of the project cost is available in Account No. 12-6900-4710- 117 for the slurry seal of streets in the Aguacate area, where $59,000 was originally budgeted. The remaining $2,000 balance of the project bid is available in Account No. 12-6900- 4710-119 where $60,000 was originally budgeted for a variety of street maintenance projects. Approximately $18,000 has been spent to date on the slurry seal of Mission Hills Drive, Lariat Circle, Canyon Crest Road, Outpost Road, Silver Spur Road and Branding Iron Road. This project is the last in the series of projects which has utilized the $196,500 provided from SB 300 State funding for city street maintenance. ALTERNATE ACTIONS 1. Award the contract to the low responsible bidder. 2. Do not award the contract. 3. Request further information from staff. RECOMMENDATION By motion, award the contract for the Slurry Seal of Various City Streets to the low responsible bidder, Doug Martin Contracting Company Inc., in the amount of $56,394.65 and reject all other bids. Authorize the Mayor and City Clerk to execute the documents on behalf of the City. Respectfully submitted, W. D. Mur ph attachments 0 LOCATION MAP - AREA I SCALE : I "- 600' ��• °o UUENDUM #1 3►N � D �+ I VIA m VICENTE LOCATION MAP L• •NJ —.� r c 31321 �O wM�• ON I Cr v ,. „°°z i y b 00 0 YI• f LONA ry V 7 1 � R W 767ez 3 • � h Q ^ 3 D v ? 1 m a SNN ✓Usti ST < /n M/SS/p^, 'O ORTEGF z*z3� 2V I !.A MORA 7111 CA RDUCO s1 N ��3s zee�p z ? u aEM�� a -VIA i O ry 3 � 0 O L ��3T N n E9p► `o E° m sr P•e ma •ReoYo OQ pR v 3 lz f-; 11) �� gVN �p�.vEpO ao L � r LOCATION MAP - AREA I SCALE: 1"6001 PERFORMANCE BOND Pond No. 4164595 Premium: $299.00 Executed In -Duplicate KNOW ALL MEN BY THESE PRESENTS: That Doug Martin Contracting Company Inc., P.O.Box 3690 La Habra CA 90632 , as Principal, hereinafter called CONTRACTOR, and SAFECO INSURANCE CCtTANY OF AMERICA , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Fifty six Thousand Three Hundred Ninety Four and 65/100($56,394.65bollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. . WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) to furnish all tools, labor,materials,equipment, transportati(ni, and supplies necessary to perform and complete in good and workmanlike manner the construction of SLURRY SEAL OF VARIOUS CITY STREETS which contract is by reference made a part hereof NOW, TMEREPORE, the condition of this obligation is such that, it Principal. shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FARTHER 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- F be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no -change, extension 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 17th day of April 19 87 , at Pasadena , California. PRINCIPAL Doug Martin Contracting Company Inc. APPROVED AS TO FORM. (NOTARIZATION AND SEAL) -23- BY: kJ. , At rney In -Fact ZXr. AND S ) STATE OF CALIFORNIA ss. COUNTY OF Orange On this ;2 7 IN day of Anri 7 , in the year 1947--, before me, the undersigned, a Notary Public in and for said State, personally appeared _ Dixie Martin Cerrotary OFFICIAL SEAL =� , personally known to me r- I MARILYN J. KITT (or proved to me on the basis of satisfactory evidence) to be the person who executed the ,m NOIARY VUBI.IC- CALIFORNIA fwi thin instrument on behalf of the Corporation therein named, and acknowledged to me that 4 / LOS ANGELES COUNTY p 9 the Corporation executed it. My COmml%slon ExpTres Feb. 10, 1988 WITNESS my hand and official seal. ACKNOWLEDGMENT_CarYaKlbn—Wokoxe ram 222CA•z—Rn. 5-82 Notary Public in and for said State. ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA County of Ins eles ss on this 17th day of April in the year 1987 , before me DiTnitra Stauffer Notary Public personally appeared Mr'tha J Q1aSe personally known to me (or proved to me on the basis of satisfactory idence) to be tjl person whos name is subscribed to this instrument as the Attorney -in -Fact and acknowledged to me that h she) sub ribed t ame Safeco Insurance Company of Ameri a theret Surety'a hi h own name as Attorney -in -Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixe my i ' I SeM the afore ' ounty, the day and year in this certifi = `' `•="-'••� �••�"�-- --_—_- OFFICIAL SEAL '-+: DIMITRA STAUFFER Notary Public ,; Notary PUDIic-0elifomia ty LOS ANGELES COUNTY My Comm. EKO• Aq. 30, 1960 S-1157 R212/85 �.- POWER OF ATTORNEY SAFECO KNOW ALL BY THESE PRESENTS: 0 SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 4762 That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ----------------MARTHA J. CHASE, Los Angeles, California ------------------ iM 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 18th day of February '1980 . 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." 1, Bon A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued Pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 17th day of April _19 87 . 5-13W R5 3/86 PRINTED IN U.S.A. I • BOND NO. 4164595 . Premium Included "The Premium charged for this Bond is included in that shown + LABOR AND MATERIAL BOND on the Performance Bond." ?MOW ALL MEN BY T$ESE PRESENTS : That Executed In -Duplicate WEEREA3, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Doug Martin Contracting an Inc. License No. 470131 hereinafter lesignated as mprincip171 a contract TrC SLU2RY SEAL OF VARIOUS CITY STREETS j and WEEREAS, said Principal is required to furnish a bond in connection with. the said contract providing that if said Principal, or any of his or its sub -contractors, shall fail to pay for any `aaterials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work cont --acted to be done, or for -any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THERF.E'ORE, we Doug Martin Contracting Corpany Inc. Principal, and sml= , as surety are held firmly bound unto the Cityt ��sitr€a a municipal corporation, is the penal sum a -At t our 5 �------------ DOLLATS ($ 56,394.56 - ) . lawful. money of the United State of America, for payment R which sum well and truly to be made we bind ourselves, our heirs, executors, administrate=s and successors, jointly and. severally, firmly by these presents. THE COND=ON OF T3ZS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or -assigns, or sub -contractors, shall fail torpayfor any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done therecn.of any kind, or for amounts due -under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTEMER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, altera- tion or - ^dification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond. and *it does hereby waive notice of any such change, extension of time, alteration or modification of the contract dcc'J=ents or of work to be performed thereunder. -24- As a part of the obligation secured hereby, and in addition to the face anount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.— IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 17th day of April 3.987 The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. 11, APPROVED AS TO FORM. Attorney Doug Martin Contracting Company Inc. PRINCIPAL -25- ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA County of Los Angeles ss on this 17th day of April personally appeared personally known to me (or proved to me on the basis of satisfactor mstr�1r1tt�1�nt as the Attorney -in -Fact and acknowledged to me that I SaTeco Insurance Company of Ame ca I IN WITNESS WHEREOF, I have hereunto set my hand and affix d my year in this car DIMITRA STUFFER NotaryPudic-GIMaMt • LOS ANGELE8 COUNTY My Waw bw A}r. fq mo 5-115] R2 12/85 STATE OF CALIFORNIA SS. COUNTY OF ORANGE in the year 1987 before me ence) to be the person wKo name is subscribed to this subscribed t e name o to as Surety a d his own name as Attorney -in -Fact. ial Sea ffic &he aforesaid County, the day and Public On this 2 ,'k% day of April , in the year 1987 , before me, the undersigned, a Notary Public in and for said State, personally appeared ,o OFFICIAL SEAL DIXIE MARTIN, SECRETARY i MARILYN J. KITT personally known to me ' "n1ANY vusuc - °A. Foo"rA (or proved to me on the basis of satisfactory evidence) to be the person who executed the m LOS ANGELES COUNTY within instrument on behalf of the Corporation therein named, and acknowledged to me that My Commis[on Expires Feb. 10, 1988 the Corporation executed it. WITNESS my hand and official seal. ACKNOWLEDGMENT—Corporallon—Wokoils Fwm 222CA-X—Rw, 5-62 Notary Public in and for said State. 9) SAFECO • POWER •AFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No, 4762 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ----------------MARTHA J. CHASE, 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 18th day of February 1980 . CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 17th day of April 19 87 S- 1300 R6 3/86 PRINTED IN U.S.A. • B I D O P E N N G R E P O R T Bids opened APRIL 6, 1937 at 2:00 am/pm Project Title SLURRY SEAL OF VARIOUS CITY STREETS Project Engineer BRIAN PERRY Pre -Bid Estimate $71,000 The bid totals are subject to correction after the bids have been completely reviewed. Bid Bid Bidder: Amount Bond �\ L/1-0 �/ 1. California Pavement Maintenance Co. Inc. (.0 1 ��r 3 ✓ 2, Doug Martin Contracting Company, Inc. /� / t /1 l� tO}, J —L 3, IPS Services Inc. ✓ q, Valley Slurry Seal Company 5. Roy Allan Slurry Seal, Inc. ` 4 �0 �C ✓ 6. 7. 8. 9. 10. cc: City Clerk's Staff (3) Signed Public Works City Manager (3) (1) Dated The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. • 9 Jwon [slnemnvo 1961 1776 March 11, 1987 ADDENDUM NO. 1 SLURRY SEAL OF VARIOUS CITY STREETS MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. SUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN The following changes to the plans and specifications are promulgated through this addendum. 1. Page 6 Delete Page 6 with Item 2 - 1,265,970 S.F. • Replace with Page 61Z with Item 2 - 1,330,825 S.F., which is attached. 2. Page SP -1 Work to be Done - The work to be done is extended to include Avenida Larga and a location map is attached. Bids shall be made on Page 6R. A signed copy of this addendum shall accompany the bid. Contractor W. D. Murphy Director of Public Works 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 0 • iBID PROPOSAL For the: SLURRY SEAL OF VARIOUS CITY, STREETS From: DOUG MARTIN CONTRACTING COMPANY. TNC. Contractor To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1985 Edition, including all supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: words F'gures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifica- tions or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of forty (40) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. -3- 1� 0 The estimated quantities of work indicated in the proposal 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 within such further time as may be granted by the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is BIDDER'S BOND (Insert "$ 107 bid amouriSash", 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. 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. 9950 Wondmnn AvP Panorama citjz, en Licensed in accordance with an act providing for the registration of contractors -- License No. 470131 Signature of Bidder: DOUG MARTIN CONTRACTING COMPANY, INC. n A b d r. /%.t .Ci L Dixie Martin, Secretary -4- Cl 9 • (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: April 6, 1987 481 E. Whittier Blvd, La Habra, Ca. 90631 Business Address Dated: Apxil 6 IgR7 213 691-9840 Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: April 6, 1987 Dated: April 6, 1987 r CORPORTATION: DOUG MARTIN CONTRACTING COMPANY, INC. • Doug Martin, President Dixie Martin, Secretary/ Treasurer -5- SignaXure of Bidder Doug Iartin, President 213 691-9840 Telephone Number • • • 0 0 Total Bid Price (Fater here and on Page 3) SS0 $ � O 3 9i-// &sem Figures &�4m-- ADDENDUM NO. 1 SCHEDULE OF WORK ITEMS SLURRY SEAL OF VARIOUS CITY STREETS Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amount 1 L.S. Mobilization for the for the lump sum price of 7>&,(F 4 dollars. o_ $��O [ (AA 012c 7� 2 1,330,825 S.F. Slurry seal for the unit price of p4j J!-10C�7c6 f oac� TW6 $ ,oyzO $ 5? �9`1Gs- Zcrzo dollars per square foot. Total Bid Price (Fater here and on Page 3) SS0 $ � O 3 9i-// &sem Figures &�4m-- • • 9 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA County of Dixie Martin ORANGE SS. being first duly sworn deposes and says that he is Secretary of DOUG MARTIN CONTRACTING COMPANY, 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 bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. DATED: Na BSI �� yYCtvLI�, SIGNATURE On this the 0-11 day of f 19(P7 before me, the undersigned, ,aa� Notary Public in and for said State, personally appeared�j��- -7 personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that �c� executed it. WITNESS my hand and official seal. -7- 1988 OFFICIAL SEAL MARILYN A J. KITT a-! .A- NOLIHY GU6LIC-CGLig1RNr< LOS ANGELES COONIY -7- 1988 E DESIGNATION OF SUB -CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the 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 bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub -Contractor Address Phone No. 1. 2. • 3. 4 5 6. 7 8. DOUG MARTIN CONTRACTING COMPANY, INC. BIDDER'S NAME G a AbtTHORFD SIGNATURE 0 Ll 0 'The Frew lCharged for this BOND #49945264994526 Bond is includudnu m ;tat shown on the Annual Bid Bond," BID BOND DOUG MARTIN CONTRACTING KNOW ALL MEN BY THESE PRESENTS, that we, COMPANY, INC. 90632 P_ n_ Box 3690. La Habra, CA ,as PRINCIPAL, and SAFECO INSURANCE COMPANY OF AMERICA as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPIS7RpNoo-- ��bb��i ee, herein fter called EN PER CENT (10%) OF THE TOTAL e4AW�F THE BI) City, in the sum of p ----- , for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, Jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated April 6, , 19 87_, for the construction Of SLURRY SEAL OF VARIOUS CITY STREETS for the City of San Juan Capistrano, Orange County, California. • NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (15) days after the agreement has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such • obligation, all to be taxed as costs and included in any judgment rendered. -18- 0 • IN WITNESS WHEREOF, the above -bounden parties have executed this April instrument under their several seals this 6th day of _I 19 _a7, the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) ATTEST (If Corporation) Corporate Seal ATTEST Title E DOUG MARTIN CONTRACTING COMPANY, INC. PRINCIPAL u cl RAFFCO TNRIIRANCR COMPANY OF AMERICA SURETY BY: E. S. Albrecht/ Title: Attorney -in -F t -19- ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA County of Los Angeles ss on this 6th day of April , in the year 1987 , 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 evide ) to be th ose name is subscribed to this instrument as the Attorney -in -Fact and acknowledged to me that he (she) bscribed the name of Safeco Insurance Company of Am ica ther o as S.erety and his (her) wn na for -in-Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affix d my f cia y o e in t afo said C u ty h day and year in this certificate first above written. - - , pI Notary Public -J Ci�.JX IY 5-115) R213/R5 - 2'M3 OWER GMEO INSURANCE COMPANY OF AMERICA F ATTORNEY ME OFFICE: 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 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 '1983 . CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officerin charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force -and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 6th day of April 19 87 513M R5 3/86 - PRINTED IN U.S 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 CountyJudicial District; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supple- ment thereof on the following dates, to wit: Larcit 12,19,1987 I declare under penalty of perjury that the foregoing is ture and correct. Executed at Mission Viejo, Orange County California,this... Ii.... dayofrlar 19 7....... ........... .................. Signature Capistrano Valley News 23811 Via Fabricante P.O. Box 3629 Mission Viejo, Calif, 92690 0 This space is for the County Clerk's Filing Stamp RECEIVED MAR Z3 2 32 0M'87 CITY CLERK DEPARTMENT CITY OF SAN JOAN CAPISTkANiO Proof of Publication of 01'ICE TNVITING FIDS ...............................4....... ............ ea • b.Mie dayo "dt. 1967.fWiy atV�iefaCBUeebuntlF2E9 A pre-bid conference is scheduled at 10MA.N. an the3Othdayof}fack 2W, at the Cfiy offices to assist contractor. Copies of Pians and Specifications an on rile in the Office of the Ctp Clwk of San Juan Capistrano, 32609 Paten Adelardo, Sm Juan CopiskattI CaMorria, and maybe obtained atthe non-reNndable charge of$l0L* P Ys a things ofg5.00 for each set of Plana and Specifications mailed. VAW: latch 5,1987 _ VARY ANN Crrr CrrY OF 9AN JUAN C �eua ♦+abww+ °RefiFs IriwlaL"ilil�lt ' _ - - NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Jody Kolar, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: PROOF OF PUBLICATION: AUTHORIZED BY: GC DATE: March 5, 1987 Date of Bid Opening Date (s) notice published Date affidavit received Date notice posted in designated posting places (3) 0 THURSDAY, MARCH 12, 1987 THURSDAY, MARCH 19, 1987 NOTICE INVITING BIDS - SLURRY SEAL OF VARIOUS CITY STREETS Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 - 04/06/87 - 03/12/87 - 03/19/87 - 3/a3)8,� - 03/12/87 ✓ 0 0 NOTICE INVITING BIDS SLURRY SEAL OF VARIOUS CITY STREETS Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Slurry Seal of Various City Streets until 2:00 P.M. on the 6th day of April, 1987. A pre-bid conference is scheduled at 10:00 A.M. on the 30th day of March, 1987, at the City offices to assist contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at the non-refundable charge of $10.00, plus a charge of $5.00 for each set of Plans and Specifications mailed. Dated: March 5, 1987 CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA • SLURRY SEAL OF VARIOUS CITY STREETS NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 6th day_ of April 1987, receive sealed proposals or bids for the Slurry Seal of Various City Streets in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1985 Edition, including all supplements therefor, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifi- cations. Each proposal or bid must be accompanied by a certified check, cash, cashier's check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the total bid amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a.m, on the 30th day of March 1987, at the City offices. The contractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not dis- seminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one -hundred percent (100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the surety list provided herein. -1- The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of forty (40) calendar days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of plans and specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $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. This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this _ �j day of CITY CL C CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- 0 • Staff was autho ' d to release the 10% retention 35 days after recording the Notice of Completion. 6. APPROVAL OF PLANS AND SPECIFICATIONS - SLURRY SEAL OF VARIOUS STREETS SB 300 (600.30/820.20) As set forth in the report dated March 3, 1987, from the Director of Public Works, the plans and specifications for the slurry seal of various City streets in the Aguacate area and in the Casitas, Casas Capistrano and Las Brisas developments, were approved. Staff was authorized to solicit bids for the project. The Engineer's estimate for the project was $71,000; funds in the amount of $55,000 remained in Account No. 12-6900-4710-117. The balance of the project will be funded from Account No. 12-6900-4710-119. This was the last in the series of street maintenance projects which utilized the $196,500 provided from Senate Bill 300 funds. . APPROVAL OF PLANS AND SPECIFICATIONS - s set forth in the report dated March 3, 1987, from the Director of Public Works, t e plans and specifications for construction of the Del Obispo Street/Camino del Av' n Traffic Safety Project were approved. Staff was authorized to solicit bids for the oject. Award of the bid was tentatively scheduled for the Council meeting of May 1 th, with construction to begin in June, 1987. The construction costs were estimate at $495,000, which included design and construction engineering costs, contingen costs, and the construction contract. The County will reimburse the City 50%, o $105,000 of all eligible costs (excluding all landscaping/irrigation; curb, gutter and si ewalk on Camino Del Avion; screen walls, and retaining walls to protect existing trees) through its Arterial Highway Financing Program. The City will finance $390, 0; the funds are available and budgeted in the project account. 8. DENIAL OF CLAIM FOR P As set forth in the report for property damage sustai fell into the back yard of submitted. PUBLIC HEARINGS TY d March 3, 1987, from the City Attorney, the Claim when a street tree located along the Ortega Highway come located at 27671 Paseo Barona, was denied as TED AT 27351 AND 27371 This Hearing was continued from the meeting )Rf February 17, 1987. Written Communications: Report dated February 17, 1987, from the Development, and resubmitted March 3, 1987. -4- of Community Planning and 3/3/87 0 0 AGENDAITEM TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works March 3, 1987 SUBJECT: Plans, Specifications and Authorization to Call for Bids - Slurry Seal of Various City Streets (SB 300) SITUATION Staff is requesting approval of plans and specifications and authorization to receive bids for the slurry seal of the following City streets: Calle Aspero, Via de Linda, Avenida Evita, Paseo De Elena, Paseo De Tania, Paseo De Hermosa, Paseo De Alessandro, Calle Ricardo, Paseo De Juanita, Via Alicia, Via Carlos, Paseo De Manuel, Via De Aguila, Paseo Sanchez, Via De Olivia, Via De Gavilan, Paseo Manana, Via De Toledo, Aguacate Road, Via Estelita, Calle Winona, Paseo Rosa, Via Belardes, Calle Reynalda, Calle Delphina, Calle Lucana, Paseo Belardes, Calle Rio Vista, Calle Chueca, Calle Resplendor, Calle Lorenzo, Calle Santa Rosalia, Calle Bonita, Via Los Pajaros, Paseo Ampola, Paseo Acacia, Paseo Sereno, Paseo Olivos, Paseo Nogal, and Paseo Naranja. NOTIFICATION All residents will be notified seventy-two hours before slurry seal operations begin by 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. Street shall also be posted 36 hours in advance of work with temporary "No Parking - Tow Away" signs at 100 foot intervals. These signs shall also state the day of the week, hours of parking, and Contractor's name. COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is $71,000. Fifty-nine thousand dollars was budgeted in Account No. 12-6900-4710-117 for the slurry seal of streets in the Aguacate area. These streets comprise the majority of the project and approximately $55,000 is still available for this work. Sixty thousand dollars was budgeted in Account No. 12-6900-4710-119 for a variety of street maintenance projects. Approximately $18,000 has been spent to date on the slurry seal of Mission Hills Drive, Lariat Circle, Canyon Crest Road, Outpost Road, Silver Spur p 1 FOR CITY COUNCIL AGENDA •s.L,i F Agenda Item • March 3, 1987 Page 2 Road and Branding Iron Road. Staff is recommend that the balance of the $71,000 project estimate ($16,000) be used from this account. This project is the last in the series of projects which has utilized the $196,500 provided from SB 300 State funding for city street maintenance. ALTERNATE ACTIONS 1. Approve the plans and specifications and authorize staff to receive bids. 2. Do not approve the plans and specifications. 3. Request further information from staff. RECOMMENDATION By motion, approve the plans and specifications for the slurry seal of various city streets and authorize the staff to receive bids. Respectfully submitted, W. D MurphyP WDM/BP:kjs attachments 0 0 IA LOCATION MAP - AREA I SCALE: I "- 606 ,l 091SP0 w�v� RO L o 1 F lNPi A •c e 36t3'_ �S O 4 i\ Pte\ 9 � 1N � SPRING ST SAN JUPN l HW 1 ! wIGSgN ORT 6P N�1� Y.n- I i1 Alli! I LOCATION MAP - AREA II SCALE: 1"-600' l� MARK B. WELSH 26362 Calle Lucana San Juan Capistrano, CA 92675 July 20, 1987 City Council City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Gentlemen: This past spring the streets in the neighborhood in which I reside were resurfaced with a slurry compound. I wish to make you aware that the results of this slurry are less than satisfactory. The base material of this slurry, after having been on the street now for several months, is soft and the aggregate sluffs off continually as cars make turns or lose traction. I would strongly urge you to have the contractor who did this job return and fix his inferior workmanship or if that is not possible, the City of San Juan should not contract with this firm in the future. Sincerely yours, / Mark B Welsh cc: Street Maintenance Dept. City of San Juan Capistrano �Sco�S ✓L JUL 2 41987 0 June 12, 1987 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. SUCHHEIM KENNETH E. FRIES$ GARY L. HAUSOORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN 8 JULIAN Doug Martin Contractor P. O. Box 3690 La Habra, California 90632 Re: Com letion of Slurry Seal of Various City Streets (Doug Martin Contracting Company, Inc. Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held June 2, 1987, adopted Resolution No. 87-6-2-1 accepting the work completed for the construction of slurry seal of various City streets in the amount of $58,107.41. A copy of Resolution No. 87-6-2-1 is enclosed for your information. The Council directed that the retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on June 5, 1987; therefore, the final payment, in the amount of $5,810.74 may be released on July 10, 1987. Thank you for your cooperation. Very truly yours, MaryAnn Ha er, 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 11 MEMORANDUM Javan 0 1 U'!' inl o Avo F nto manuem 1961 1776 TO: Interested Persons FROM: Mary Ann Hanover, City Clerk DATE: May 7, 1987 SUBJECT: Award of Contract - Slurry Seal of Various City Streets MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN The City Council of the City of San Juan Capistrano at its regular meeting held May 5, 1987, took action to award the contract for the Slurry Seal of Various City Streets to the low responsible bidder, Doug Martin Contracting Company. All other bids were rejected. Thank you for your interest in this project. If you have any questions, please do not hesitate to call. MARY ANN HANOVER, CMC MAH/mac cc: Director of Public Works Valley Slurry Seal IPS Services Roy Allan Slurry Seal California Pavement Maintenance Company 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 E May 7, 1987 Doug Martin Contracting Company, Inc. P. O. Box 3690 La Habra, California 90632 Re: Award of Contract - Slurry Seal of Various City Streets Gentlemen: MEMBERB OF rHE CITY COUNCIL ANTHONY L.BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN The City Council of the City of San Juan Capistrano at their regular meeting held May 5, 1987, awarded the contract for the Slurry Seal of Various City Streets to your company at $56,394.65. Enclosed is a fully executed copy of the Agreement for your records. You are required to return an acknowledged copy of this Notice of Award. Thank you for your cooperation. If I can be of any help to you, please do not hesitate to call. Very truly yours, Mary Ann Haner, CIVIC City Clerk MAH/mac Enclosure cc: Director of Public Works Director of Administrative Services Receipt of the foregoing Notice of Award is hereby acknowledged: By This day of 1987, 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 • PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: • Bond No. 4164595 Premium: $299.00 Executed In -Duplicate That Doug.martin Contracting company Inc., P.O.Box 3690 La Habra CA 90632 , as Principal, hereinafter called CONTRACTOR, and SAFE INSUFMCE CWANY OF AMERICA , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amcunt of Fifty Six Thousand Three Hundred Ninety Four and 65/100 ($56,394.65bollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor Inas by written agreement dated entered into a (describe agreement)., to furnish all tools, labor,raterials,equiptmnt, transportatioli, and supplies necessary to perform and complete in good and workmanlike manner the construction of SLURRY SEAL OF VARIOUS CITY STREETS which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, It Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable -expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to _22_ I i • PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: • Bond No. 4164595 Premium: $299.00 Executed In -Duplicate That Doug.martin Contracting company Inc., P.O.Box 3690 La Habra CA 90632 , as Principal, hereinafter called CONTRACTOR, and SAFE INSUFMCE CWANY OF AMERICA , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amcunt of Fifty Six Thousand Three Hundred Ninety Four and 65/100 ($56,394.65bollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor Inas by written agreement dated entered into a (describe agreement)., to furnish all tools, labor,raterials,equiptmnt, transportatioli, and supplies necessary to perform and complete in good and workmanlike manner the construction of SLURRY SEAL OF VARIOUS CITY STREETS which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, It Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable -expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to _22_ be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no'change, extension of time, alteration, or modifi- cation of the contract documents or o£ 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 17th day Of April 19 87 at Pasadena , California. PRINCIPAL : Doug Martin Contracting Company Inc. APPROVED AS TO FORM. ' =(NOTARIZATION AND SEAL) ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA ss County of Los Arigeles on this 17th day of personally appeared personally known to me (or proved to me on the basis of satisfactory instrgart}eentas the Attorney -in -Fact and acknowledged to me that h Insurance Company of Ame ' a 1 IN WITNESS WHEREOF, 1 have hereunto set my hand and affix year in this certificate OFFICIAL SEAL �� DIMITNA STAUFFER - ., �, Notary Public-Calhornla LOS ANGELES COUNTY i.;y Comm. Exp. Anf. ne. 1390 s-115] 8212/85 STATE OF CALIFORNIA COUNTY OF ORANGE ACKNOWLEDGMENT—Cormrallon—WoliMs form 222CA-X—W 5-82 Iss. in the year 1987 , before me to be, the p son whose ame wsubscribed to this .ribed f�ta n me of Surat and is Is npp me as Attorney -in -Fact. , at city o ' e in g rif Sresaid County, the day and Public On this -21'W day of April , in the year 1987 , before me, the undersigned, a Notary Public in and for said State, personally appeared DIXIE MARTIN personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notary Public for said State. OFFICIAL SEAL MARILYN J. KITT 11 NOIARY PUBLIC. CALIFORNIA !Dion LOS ANGELES COUNTY Expires Feb. 10, 1988 ACKNOWLEDGMENT—Cormrallon—WoliMs form 222CA-X—W 5-82 Iss. in the year 1987 , before me to be, the p son whose ame wsubscribed to this .ribed f�ta n me of Surat and is Is npp me as Attorney -in -Fact. , at city o ' e in g rif Sresaid County, the day and Public On this -21'W day of April , in the year 1987 , before me, the undersigned, a Notary Public in and for said State, personally appeared DIXIE MARTIN personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notary Public for said State. 0 POWER OF ATTORNEY SAFECO No. KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 4762 That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ----------------MARTHA J. CHASE, 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 18th day of February ,1980 . 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." 1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 17th day of April 19 87 8 1300 R6 3/86 PRINTED IN U SA, • • BOND NO. 4164595 Premium Included "The Premium charged for this Bond is included in that shown f LABOR AND MATZRI31L BOND on the Performance Bond." .. MOW ALL MEN BY THESE PRESENTS: That Executed In -Duplicate WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Doug Martin ` Contracti an Inc. , License No. 470131 , hereinafter 't esignat as -pZj=CjpjM7r a contract 70C SLURRr SEAL OF VARIOUS CITY STREETS t and WHEREAS, said Prineipal. is required to furnish a bond in connection with. the said contract providing that if said Principal, or any of his ar its sub -contractors, shall fail to pay tar any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for.any work or labor done thereon of any kind, the surety or this iscnd will pay the same. NOW, TSEREFORE, we Doug Martin PriaCipal, and SAFECO INSURANCE CCMPANY OF held firmly bound unto the Cityt earporation, in the penal sumo n: t ($ 56,394.56 - ) , lawful money of the payment at w ch sum: we= and truly our heirs, executors, administrator [ severally, firmly by these presents. Inc. ursty are a municipal United State ofAmerica, for to be made we bind ourselves, s and successors, jointly and THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors er-assigns, or sub -contractors, shall fail tor pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for_any work or labor done thereon.of any kind, or for amounts due. under the Unemployment Insurance Act with respect to such worts or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. rMTEER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, altera- tion ar -edification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bcnd.and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract doraments or of work to be performed thereunder. —24— 11 II II f� II U As a part of the obligation secured addition to the face amount specified theref included costs and reasonable expenses and ! reasonable attorney's fees, incurred by Cit, I enforcing such obligation, all to be taxed in any judgment rendered.' IN WITNESS WHEREOF three (3) idea this instrument, each of which shall for a3 an original thereof, have been duly execute and surety herein named on the 17th day o: The name and corporate seal of each corpor affixed and these presents duly signed by representatives pursuant to authority of i A APPROVED AS TO FORM. Attorney Doul P Hy�1 -25- 1 hereby, and in -�-1 1 'he a d N • POWER •AFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: PLAZA SEATTLE, WASHINGTON 98185 SAFECO No. 4762 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ----------------MARTHA S. CHASE, Los Angeles, California ------------------ its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 18th day of February 1980 CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 17th day of April 19 87 51300 R5 3/86 PRINTED IN USA i R ADDENDUM NO. 1 • SCHEDULE OF WORK ITEMS SLURRY SEAL OF VARIOUS CITY STREETS Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amount 1 L.S. Mobilization for the for the lump sum price of dollars. $ 2 1,330,825 S.F. Slurry seal for the unit price of dollars per square foot. $ $ • Total Bid Price (Enter here and on Page 3) Words Figures Iffm AA JAJN �--�e_ C u I CAL TN 0 LA ZANJA _ 'NOPfI.s 7q pry V p m N 4 1 M T m � 31322 J N pN j1392 0 P l V N r O f N " J R ^ S) w 26)62 V e � w m y = m n 3� ani N sp"?/,V JUAN ✓S4ry } ST A41 '710 a e 3S �� m �026e)2 ni v /6 12f�_ o \ 4 4DDENDUM #1 LOCATION MAP O 1 � Q\ ' V I y ag O p I � � EGA 2 I P aGP`' 4pA( (a 3 3p22 / 2 VIA LA I3VIA y AR A = LA sENoA GpNpO p pp. 0 9 • CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE • STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS SLURRY SEAL OF VARIOUS CITY STREETS CITY COUNCIL KENNETH E. FRIESS, MAYOR PHILLIP R. SCHWARTZE ANTHONY L. BLAND LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER CITY MANAGER S. B. JULIAN DIRECTOR OF PUBLIC WORKS W. D. MURPHY • FEBRUARY 1987 0 9 • TABLE OF CONTENTS SLURRY SEAL OF VARIOUS CITY STREETS TITLE PAGE CONTRACT DOCUMENTS Notice Inviting Bids...........................................................I BidProposal.................................................................3 Schedule of Work Items........................................................6 Non -Collusion Affidavit........................................................7 Designation of Sub-Contractors.................................................9 Instructions to Bidders........................................................lo Contract....................................................................16 BidBond .................................................................18 Performance Bond............................................................20 Labor & Material Bond........................................................22 Listing of Surety Companies...................................................24 SPECIAL PROVISIONS Section I Standard Specifications.......................................SP-1 Section 2 Terms Defined ...... .....................................SP -2 Section 3 Flow & Acceptance of Water..................................SP-2 Section . 4 Water .SP -2 Section 5 Insurance and Overhead Costs.................................SP-2 Section 6 Protection of Existing Utilities (Underground Service Alert) .. .......................................SP -2 Section 7 Protection of Private Property.................................SP-3 Section 8 Construction Zone. ...... .. ...........................SP -3 Section 9 Pre -Construction Coordination Meeting .........................SP -3 DETAIL SPECIFICATIONS AND METHOD OF PAYMENT Bid Item 1 Mobilization ................................................ DS -1 BidItem 2 Slurry Seal ................................................. DS -1 • 0 9 • SLURRY SEAL OF VARIOUS CITY STREETS NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 6th day of April 1987, receive sealed proposals or bids for the Slurry Seal of Various City Streets in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1985 Edition, including all supplements therefor, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifi- cations. Each proposal or bid must be accompanied by a certified check, cash, cashier's check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the total bid amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited • to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. • A pre-bid conference is scheduled at 10:00 a.m. on the 30th day of March 1987. at the City offices. The contractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not dis- seminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one -hundred percent (100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the surety list provided herein. -1- • The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of forty (40) calendar days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of plans and specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $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. This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this P� . _ �� =— day of CITY CLE C CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- 0 0 • BID PROPOSAL For the: SLURRY SEAL OF VARIOUS CITY STREETS From: Contractor To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1985 Edition, including all supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump • sum given on the following pages of this proposal, amounting to a total of: Words Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifica- tions or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of forty (40) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. -3- 0 9 • The estimated quantities of work indicated in the proposal 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 within such further time as may be granted by the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. • Accompanying this proposal is (Insert "$ cash", cashier's check, certified check or bidder's bond, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Licensed in accordance with an act providing for the registration of contractors -- License No. • -4- Signature of Bidder: . (If an individual, so state. if a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: Dated: Business Address Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: Dated: • U -5- Signature of Bidder Telephone Number 0 SCHEDULE OF WORK ITEMS • SLURRY SEAL OF VARIOUS CITY STREETS Approximate Item Quantity 1 L.S. 2 1,265,970 S.F. Work Items With Unit Price Unit Price (Written in Words) (In Figures) Mobilization for the for the lump sum price of dollars. Slurry seal for the unit price of dollars per square foot. $ Total Bid Price (Enter here and on Page 3) • C� Total Amount Figures • • r 1 L_J 0 0 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ss. County of ) that he is being first duly sworn deposes and says of 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 bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. DATED: On this the day of in and for said State, SIGNATURE 19 personally before me, the undersigned, a Notary Public appeared personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. WITNESS my hand and official seal. Notary Public in and for said State -7- • 0 0 DESIGNATION OF SUB -CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the 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 bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only. 1. 2 • 3. 4 5. 6. 7 8. Item of Work Sub -Contractor Address Phone No. BIDDER'S NAME AUTHORIZED SIGNATURE 0 9 • 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, Special Provisions, and the Standard Specifications for Public Works Construction, 1985 Edition including all supplements, very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The plans for the work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. • Interpretation of Drawings and Documents • If any bidder should find discrepancies in, or omissions from the drawings, specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly and fully set forth, or if the Engineer discovers errors, omissions, or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. M 9 9 •Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words • and the figures, the words shall govern. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the provisions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not less than ten (10) percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. • 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- -10- 0 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. G. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids". Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawal of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. • Opening of Bid Proposals The City will, in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids". Bidders or their authorized representatives are invited to be present. • Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids". The City, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. -11- 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 Performance Bond. If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract. Said bonds shall be secured from 10 a surety company listed as acceptable on the list included in these specifications. Bonds must be submitted on the forms contained in these specifications. is Time of Performance The work shall be commenced within fifteen (15) calendar days from the date of issuance of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of forty (40) calendar days from the date specified in the Notice to Proceed has been set for completion of the work. The bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages. Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. -12- 0 E • 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". • 0 Building Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. -13- 0 0 • CONTRACT • This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 1985 Edition, including all Supplements, Contract Bonds, Resolu- tions adopted by the City Council pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of SLURRY SEAL OF VARIOUS CITY STREETS in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting • -14- 0 0 • Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (l) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment • of all Labor and Material entering into or incidental to the ti ork covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay City such sum as the Court may judge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by City in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, • and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or -LS- • any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. • SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this construction agreement. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB- CONTRACTOR, for each calendar day during which such workman is required or -16- • 0 • permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN CAPISTRANO DATED: BY: MAYOR ATTEST: Mary Ann Hanover, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney • BY: CONTRACTOR -17- 0 • 0 0 • BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as PRINCIPAL, and as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $ , for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 19_, for the construction of for the City of San Juan Capistrano, Orange County, California. r • NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (15) days after the agreement has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such • obligation, all to be taxed as costs and included in any judgment rendered. -18- 0 0 • IN WITNESS WHEREOF, the above -bounden parties have executed this instrument under their several seals this day of 1 19,, the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) PRINCIPAL BY: Title: ATTEST (If Corporation) Corporate Seal SURETY ATTEST BY: ' • Title: Title 11 -19- • • 0 0 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, • including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -20- 0 0 • 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. • • Executed this day of California. APPROVED AS TO FORM PRINCIPAL (NOTARIZATION AND SEAL) SURETY (NOTARIZATION AND SEAL) -21- 19 , at 0 0 • Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to , License No. , hereinafter designated as "Principal", a contract for : and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub -contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we , Principal, and , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the • penal sum of DOLLARS ($ ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount • specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -22- 0 0 • IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the day of 19 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. • 40 By By -23- PRINCIPAL SURETY 0 0 • Prepared By: Office of City Attorney San Juan Capistrano 7/29/85 LISTING OF SURETY COMPANIES QUALIFYING UNDER SURETY BOND COMPANY RATING CRITERIA The following surety bond companies are qualified to submit surety bonds to the City, of San Juan Capistrano. The criteria utilized in rating surety bond companies are: A.M. Best Company Rating of "A"; U.S. Treasury Underwriting Limitation of $1,000,000.00 or more. Use of any other surety company may only be allowed with approval of the City Attorney. AID Insurance Company Aetna Casualty and Surety Company of Illinois Aetna Reinsurance Company Affiliated FM Insurance Company • Alaska Pacific Assurance Company Allendale Mutual Insurance Company Allstate Insurance Company American Automobile Insurance Company American Casualty Company of Reading, Pennsylvania American Centennial Insurance Company American Credit Indemnity Company American Economy Insurance Company American Indemnity Company The American Insurance Company American Manufacturer's Mutual Insurance Company American Motorists Insurance Company American Mutual Liability Insurance Company American Re -Insurance Company American States Insurance Company Argonaut Insurance Company Arkwright-Boston Manufacturers Mutual Insurance Company Associated Indemnity Corporation je Atlantic Mutual Insurance Company -24- 0 E • Listing of Surety Companies, Continued Page Two Auto -Owners Insurance Company Balboa Insurance Company Bankers Multiple Line Insurance Company Boston Old Colony Insurance Company The Camden Fire Insurance Association 0 Centennial Insurance Company Central Mutual Insurance Company The Central National Insurance Company of Omaha The Charter Oak Fire Insurance Company Cigna Insurance Company Commercial Insurance Company of Newark, New Jersey The Connecticut Indemnity Company Continental Casualty Company The Continental Insurance Company • Continental Reinsurance Corporation Dependable Insurance Company, Inc. Employers Mutual Casualty Company Employers Reinsurance Corporation Fairmont Insurance Company Farmers Alliance Mutual Insurance Company Federal Insurance Company Federated Mutual Insurance Company The Fidelity and Casualty Company of New York Fidelity and Deposit Company of Maryland Fireman's Fund Insurance Company Firemen's Insurance Company of Newark, New Jersey First National Insurance Company of America Foremost Insurance Company Fremont Indemnity Company General Accident Insurance Company of America General Insurance Company of America • General Reinsurance Corporation -25- 0 • Listing of Surety Companies, Continued Page Three The Glens Falls Insurance Company Global Surety & Insurance Co. Globe Indemnity Company Grain Dealers Mutual Insurance Company Great American Insurance Company Greater New York Mutual Insurance Company Gulf Insurance Company The Hanover Insurance Company Harco National Insurance Company Harleysville Mutual Insurance Company Hartford Accident and Indemnity Company Hartford Casualty Insurance Company Hartford Fire Insurance Company The Hawaiian Insurance & Guaranty Company • Highlands Insurance Company Highlands Underwriters Insurance Company The Home Indemnity Company The Home Insurance Company Houston General Insurance Company INA Reinsurance Company ITT Lyndon Property Insurance Company Imperial Casualty and Indemnity Company Indemnity Insurance Company of America Industrial Indemnity Company Insurance Company of North America Insurance Company of the West Integrity Insurance Company International Insurance Company Iowa National Mutual Insurance Company John Deere Insurance Company Liberty Mutual Insurance Company Lumbermen Mutual Casualty Company -26- E V 9 • Listing of Surety Companies, Continued Page Four Maryland Casualty Company Mead Reinsurance Corporation The Mercantile and General Reinsurance Company of America Michigan Millers Mutual Insurance Company Michigan Mutual Insurance Company Mid -Century Insurance Company The Millers Mutual Fire Insurance Company of Texas Munich American Reinsurance Company National Fire Insurance Company of Hartford National Indemnity Company The National Reinsurance Corporation National Surety Corporation Nationwide Mutual Insurance Company M New Hampshire Insurance Company New York Underwriters Insurance Company Newark Insurance Company North American Reinsurance Corporation The North River Insurance Company North Star Reinsurance Corporation Northbrook Property and Casualty Insurance Company Northwestern Pacific Indemnity Company The Ohio Casualty insurance Company Ohio Farmers Insurance Company Old Republic Insurance Company Pacific Employers Insurance Company Pacific Indemnity Company Peerless Insurance Company Pennsylvania Manufacturers' Association Insurance Company Phoenix Assurance Company of New York The Phoenix Insurance Company Progressive Casualty Insurance Company Protective Insurance Company -27- t • • Listing of Surety Companies, Continued Page Five 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 C St. Paul Fire and Marine Insurance Company St. Paul Mercury Insurance Company Seaboard Surety Company Security Insurance Company • Select Insurance Company Skandia America Reinsurance Corporation South Carolina Insurance Company The Standard Fire Insurance Company State Farm Fire and Casualty Company Transamerica Insurance Company Transamerica Premier Insurance Company Transcontinental Insurance Company Transportation Insurance Company The Travelers Indemnity Company The Travelers Indemnity Company of America The Travelers Indemnity Company Trinity Universal Insurance Company Twin City Fire Insurance Company Unigard Security Insurance Company United Fire & Casualty Company United Pacific Insurance Company United States Fidelity and Guaranty Company • United States Fire Insurance Company -28- t E • Listing of Surety Companies, Continued Page Six U F Universal Underwriters Insurance Company Utica Mutual Insurance Company Valley Forge Insurance Company Vigilant Insurance Company West American Insurance Company Weschester Fire Insurance Company The Western Casualty and Surety Company The Western Fire Insurance Company Western Surety Company Westfield Insurance Policy -29- t LI 9 • CITY OF SAN JUAN CAPISTRANO SLURRY SEAL OF VARIOUS CITY STREETS SPECIAL PROVISIONS WORK TO BE DON The work to be done under this contract in general consists of the application of approximately 1,265,970 square feet of slurry seal Type lI to various City streets shown on the plans. The work shall include all specified and necessary traffic control to accomplish the work. SECTION 1 - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1985 Edition, hereinafter referred to as the Standard Specifications. The Contractor shall maintain a copy of this book on the job -site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Contract Termination "If at any time, in the opinion of the Public Works Director, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, • or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, appliances, and plant, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City Council may annul and cancel the contract and re -let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited with the amount of monies so forfeited toward any excess of cost over and above the contract price, arising from Is SP -1 0 • the suspension of the operation of the contract and the completion of the work by the City as provided above, and the Contractor will be credited with any surplus remaining after all just claims for such completion have been paid.' Change 2: Section 8 - Facilities for Agency Personnel Delete this Section. SECTION 2 - TERMS DEFINED Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City departments or persons shall be intended: AGENCY shall mean City of San Juan Capistrano, whenever appropriate. BOARD shall mean the City Council of the City of San Juan Capistrano. ENGINEER shall mean City Engineer or other person(s) designated by same. SECTION 3 - FLOW AND ACCEPTANCE OF WATER Surface or other waters may be encountered at various times during construction. The Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of the Contractor to protect his work from danger due to any waters encountered. Should any damage to the work due to surface or other water occur prior • to acceptance of the work by the City, the Contractor shall repair such damage at his expense. SECTION 4 - WATER Water will be available from the Capistrano Valley Water District. Arrangements for temporary construction water services permit and water service may be made by contacting the Capistrano Valley Water District at 714/493-1515 one week prior to need for service. All water facility construction shall conform to the "Standard Specifications," Capistrano Valley Water District, and "The Uniform Plumbing Code," 1982 Edition. SECTION 5 - INSURANCE AND OVERHEAD COSTS The Contractor shall receive no direct compensation for insurance and overhead (move -in costs, for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. ITI The Engineer has endeavored to show all existing utilities. The Contractor must, however, take all due precautionary measures to protect all of the existing utilities. The Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any construction work. 0 SP -2 0 0 • The Contractor's attention is directed to the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the USA by calling 1-800-422-4133. Other utility phone numbers are noted on Sheet 1 of the plans. Full compensation for conforming to the requirements of this section shall be considered as included in the contract bid prices paid for the various items of work, and no additional compensation will be allowed therefor. SECTION 7 - PROTECTION OF PRIVATE PROPERTY The Contractor must remain within the construction zone to the best of his ability. The Contractor must protect all existing private property. SECTION 8 - CONSTRUCTION ZONE Contractor shall protect property and facilities adjacent to the construction zone, and ail property and facilities within the construction zone which are shown on the plans to be protected. After completion of project, the construction zone shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of facilities are damaged, they shall be replaced with new materials equal to the original. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way or parking area during performance of the contract work, and • Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. The Contractor shall be responsible for investigating conditions of available public and private roads and of clearances, restrictions and other limitations affecting transportation and ingress and egress to the site of the work. SECTION 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 construction methods and clarify inspection procedures. The Contractor will be required to submit a complete schedule showing the number of working days required to complete each phase of the project. This schedule shall be approved by the City Engineer prior to the start of construction. 0 SP -3 0 • CITY OF SAN JUAN CAPISTRANO SLURRY SEAL OF VARIOUS CITY STREETS DETAIL SPECIFICATIONS AND METHOD OF PAYMENT BID ITEM 1 - MOBILIZATION The Contractor shall allow the amount shown in the schedule of work under Item No. 1 for mobilization of equipment, bonds, insurance permits, interest and other miscellaneous job costs. PAYMFNT The lump sum price shall include all labor, tools, and equipment necessary for mobilization. Compensation will be based on the lump sum price named in the schedule of work items under Item No. 1. BID ITEM 2 - SLURRY SEAL 1.01 Scope - Slurry seal shall consist of mixing asphaltic emulsion, aggregate, and water and spreading the mixture on a surfacing or pavement where shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer. 2.02 Materials - The materials for slurry seal immediately prior to mixing shall conform to the following requirements: 2.02 (a) Asphaltic Emulsion - Asphaltic emulsion shall be a cationic quick -setting type conforming to the requirements for CSSIh grade under ASTM designation D2397, "Cationic Emulsified Asphalt" except that the cement mixing test requirement shall not apply. 2.02 (b) Water - Water shall be of such quality that the asphalt will not separate from the emulsion before the slurry seal is in place in the work. 2.02 (c) Aggregate - Aggregate shall consist of sound, durable crushed stone or crushed gravel and approved mineral filler. The material shall be free from vegetable matter and other deleterious substances. Aggregates shall be 100% crushed with no rounded particles. The percentage composition by weight of the aggregate shall conform to the following grading: PERCENTAGE PASSING SIEVE SIZES TYPE If 3/8" 100 No. 4 90-100 No. 8 65-90 No. 16 40-70 No. 30 25-50 No. 200 5-15 Theoretical Asphalt Content, % Dry Aggregate 7.5-13.5 Approximate Application Rate • (Pound Per Square Yard) 10-15 DS -1 E 11 r1 U 0 0 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 conditions and final use. The slurry seal mixture shall be proportioned by the operation of a single start/stop switch or lever which automatically sequences the introduction of aggregate, emulsified asphalt, admixtures, if used, and water to the pugmill. Calibrated sight flow meters shall be provided to measure both the addition of water and liquid admixtures to the pugmill. If necessary for workability, a retarding agent, that will not adversely affect the seat, may be used. Water, and retarder, if used, shall be added to ensure proper workability and (a) permit uncontrolled traffic on the slurry seal no more than three (3) hours after placement without the occurrence of bleeding, raveling, separation or other distress; and (b) prevent development of bleeding, raveling, separation or other distress within seven (7) days after placing the slurry seal. If more than one kind of aggregate is used, the correct amount of each kind of aggregate to produce the required grading shall be proportioned separately in a manner that will result in a uniform and homogeneous blend. Uniformity of distribution of asphalt will be determined by extraction tests in accordance with California Test 310. The average bitumen ratio (pounds of asphalt per 100 pounds of dry aggregates) shall not vary more than five (5) percent above or below the amount designated by the Engineer. This requirement shall apply to samples taken from any location or operation designated by the Engineer. 2.04 Mixing - The slurry seal shall be mixed in self-propelled mixing machine equipped with a continuous flow pugmill capable of accurately delivering and automatically proportioning the aggregate, emulsified asphalt, water and admixtures to a double shafted, multi -blade pugmill mixer capable of minimum speeds of 200 revolutions per minute. A minimum of two mixing machines shall be maintained on each project of a 12 cubic yard or larger capacity. The slurry seal retention time in the pugmill shall be less than three seconds. The mixing machine shall have sufficient storage capacity of aggregate, emulsified asphalt, and water to maintain an adequate supply to the proportioning controls. The mixing machine shall be equipped with hydraulic controls for proportioning the material by volume to the mix. Each material control device shall be calibrated, properly marked, preset and lockable at the direction of the Engineer. The mixing machine shall be equipped with a water pressure system and nozzle type spray bars to provide a water spray immediately ahead of the spreader box. DS -2 0 The mixing machine shall be equipped with an approved fines feeder that provides a • uniform, positive, accurately metered, pre -determined amount of a mineral filler, if used, at the same time and location that the aggregate is fed. 2.05 Spreading Equipment - The slurry mixture shall be uniformly spread by means of a controlled spreader box conforming to the following requirements: The spreader shall be capable of spreading a traffic lane width and shall have strips of flexible rubber belting or similar material on each side of the spreader box and in contact with the pavement to prevent loss of slurry from the box and the box shall have baffles, or other suitable means, to insure uniform application on super -elevated sections and shoulder slopes. The rear flexible strike -off blade shall make close contact with the pavement and shall be capable of being adjusted to the various crown shapes so as to apply a uniform seal coat. Slurry mixture, to be spread in areas inaccessible to the controlled spreader box, may be spread by other approved methods. 2.06 Placing - The slurry seal shall not be placed if either the pavement or th air temperature is below 13 degrees C (55F) and falling, but may be applied when both the air and pavement temperature is 7 degrees C (45F) or above and rising. The mixture shall not be applied if high relative humidity prolongs the curing beyond a reasonable time. Before placing the slurry seal, the pavement surface shall be cleaned by sweeping, • flushing or other means necessary to remove all loose particles of paving, all dirt and all other extraneous materials. Prior to 72 hours before beginning slurry seal operations, the Contractor shall notify all residents, businesses and agencies by an approved written notice detailing street sand limits of work to be done and th 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. The Contractor shall pay special attention to all residences on cul-de-sacs whether public or private and shall notify these residences of the hours of closure of access to the streets to be slurried. 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 appropriate adhesive and oiled or plastic paper. No adhesive material shall be permitted to cover, seal or fill the joint between the frame and cover of the structure. Covers are to be uncovered and cleaned of slurry material by the end of the same work day. Hand tools shall be available in order to remove spillage. Ridges or bumps in the finished surface will not be permitted. The mixture shall be uniform and homogeneous after spreading on the surface and shall not show separation of th emulsion and aggregate after setting. 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. DS -3 P • After curing, the pavement and adjacent areas such as gutters shall be cleaned by sweeping or other means necessary to remove all loose materials. Streets shall be cleaned by sweeping or other means necessary to remove all loose materials again seven (7) days later. • 0 PAYMENT The unit price per square foot for slurry seal shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in the furnishing and placing the slurry seal complete in place, including cleaning the surface and protecting the slurry seal until it has set, and cleaning the surface after curing, all as shown on the plans, as specified in these specifications and as directed by the Engineer, and no additional compensation shall be made. DS -4 Corroon and Black Insurance Servaces 70 South make Avenue Suite ;00 P. G. Box 90,190 Pasadena , CA 91109 Tei: (818) 796-3888 INSURED DOUG MARTIN CONTRACTING CO.,INC. PGST OFFICE BOX 3690 LA HABRA CA 90632 ,*IT Is x : • t, COMPANY TYPE OF INSURANCE ssnuw+s+ s,ew,.nsrwa ,cnw anaaarnw.e, a.w,rrns LETTER ROL#t NAM C/O EMPLOYERS INSURANCE OF WAUSAU COMP B EMPLOYERS U LETTffRR LerrEARNY C _ �a D LIAWLITY COMPANY LEnIER E ?OF TYPE OF INSURANCE POLICY Muslim IOTEY(w ROL#t NAM Lu1Sn.1/ T LM" N T7IORIBNUw3B AGGREGATE _ GENERAL LIAWLITY _ A T COMPREHENSIVE FORM 2028-00-05412,6 04/01/87 04/01/88 "NAY $ $ X PREMISESIOPERATIONS PROPERTY X UNDERGRDUND EXPLOSION & COLLAPSE HAZARD DAMAGE $ $ X PRODUCTSCUKETEII OF6RA1RM x CONTRACTUAL Is&PD$1,000, COMBNED $1,000, X INDEPENDENT (XNRTMACTORS x BROAD RN" "am DAMAGE x PERSONAL INJURY PERSONAL MkfURY $1,000, AUTOMOBILE LIABILITY OMY B X ANY AUTO 2028-02-054126 04/01/87 04/01/88 mm mmm $ ALL OWNED AUTOS (PRN��. - apply X pPASS.) ALL OWNED AUTOS ( RP IV. P 5) Nm MR AMrM $ X HIVED AUTOS x NON•OWNED AUTOS PROPERTY DAMAGE $ (IMAGE LIABILITY .. a[ & PD Cow"=,- $:'t, s. EXCESS LL#ANLm UMBRELLA FORM STPD $ $ OTHER THAN UMBRELLA FORM STATUTORY A B WORKERS' COMPENSATION 2019-00-0 04f01/8T 04/01/88 00, (EAlB1 ACCDENTI AND EMPLOYERS' LIABILITY _ e-PEILCY Lmlln CRIPTION OF OPERATIONSILOCATIONSNEHIOLESSPECKL M .;JAN CAPISTRANO. CONTRACT PRICE 856,394.56 CITY OF SAN ,ROAN CAPISTRIANO 32400 PASEG ADELANTO SJ CAPISTRIANG , CA 92675 $WOULD ANY OF 1 PIRATr DATE MAIL a+r DAVI SPECIAL CONDITIONS AS RESPECTS 6WRAL AND AUTOMOBILE LIABILITY: It is agreed CITY OF SAN JUAN CAPISTRANO AND ITS ELECTED AND APPOINTED OFFICIALS is included as an Additional Insured, but solely as respects work performed and vehicles used by or on behalf of the Naaed Insured in connection with the above described project, - SPECIAL CONDITIONS AS RESPECTS GENERAL AN AUTOMOBILE LIABILITY-. It is agreed CITY Of SAN JUAN CAPISTRANO AMC ITS ELECTED AND APPOINTED OFFICIALS is included as an Additional Insured, but solely as respects worB performed and vehicles Lsed by or on behalf of the Named Insured in connection with the above described project. Cicof si:g; ti 12 lq.�g k4tol, A DA (NrtAIEDNY) I .0711Z PRODUCER THIS CERTIFICATE 4 NEW AS A MATTER OF INFORMATION ONLY AND CONFERS DK) RIGHTSN NOLMIL THMOER71qCATE DOES NOT AMEND, AFFORDED BY THE POLICIES IMAJOIN, .Lirroon aad 6'�cy. 111�UrarICE SVVICeS 70 South Lake Avenue COMPAN" AFFORDING COVERAGE suite 1100 P. 0. Box 90190 COMPANY4AUSAU UNDERWRITERS INSURANCE COMPAN A asadena CA 91109 LETTER C/O EMPLOYERS INSURANCE OF WAUSAU ret: (818) 796-3888 COMPANY EMPLOYERS INSURA14CE OF MUSAU LETTER INSURED DU 13 MARTIN CUNIi4CTING CO—INC. COMPANY C POST OFFICE BOX 3690 LETTER LLA 8ABRA, CA 90632 COMPANY D LETTER COMP Y LETTERAN THIS 15 TO CERTIFY THAT 4W NOTWITHST ELM 34 9 "I" T WO Tam W =&rlo IMINOWTHIS CWMRWW WAY 0, S W40 SHMESTOTIMMM 6A BE ISSUED =?M%AfN. NSW me ISM= is $%a" To ALA. THE Temms, ExcLumosm, AND=w TIONS OF SUCH POLICIES. COPICY TYPE OF INSURANCE POLICY NUMBER DATE (AAATAM1y OLE(ION DATE OAPWTM"MH LLAMLrry LIMITS IN THOUSANDSXATHOUSANDSLTRI � QCC,6j5ptEKE AGGREGATE 0004LY GENERAL LIABILITY T COMPREMENWE FORM 2628-00-054126 041Oi/87 04/01189 wuuRy $ $ X PREMISES/OPERATIONS PROPERTY — X UNDERGROUND EXPLOSION 8, COLLAPSE HAZARD DAMAGE $ $ PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL 8CO1 aMPOBINED $ 4,000, $1,000, INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INIURI PERSONAL INJURY $1,000. AUTOMOBILE LIABILITY BOXY X, ANY AUTO 2028-02-084126 04/01/87 04/0/88 IMAY (B NB $ 7- ALL OWNED AUT06 (PRIV. PASS.) BONLY X ALL OWNED AUTOS (OPTRI1,M) PER PERM $ T HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY 81 & PD coMeINED $1,404, EXCESS LIASILfTY UMBRELLA FORM COMBINED $ $ I OTHER THAN UMBRELLA FORM STATUTORY CA 9 WORKERS' COMPENSATION 2018-00-1"4126 04/01/07 04/01/88 $140, (EACH ACCIOENR) AND 4'OLICY LIMIT) EMPLOYERS' LIAINLITY -EACHEMPLUYEE) OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPWtAL ITEMS AS RESPECTS., SLURRY SEAL OF VARIOUS CITY ST An JUAN CAPISTRANO. CONTRACT PRICE $56,394.56 CITY OF SAN JUAN CAPISTRIP04b I T"I F SM04M A04Y OF THE ARM OOBCMMD PWM SE CANCMAJID -Xi I 32400 PASEO 4DELANTO KRATMN IDA"TETINNNEOP, THE ISSUING COMPANY WILL, OA 10" OAYSIMNIMWIM M M�,NqCATEtIQLCMWJM t0 THE S, :;APISTRIANO , CA 92675 LEPT, , AUTHORIZED BE TATIVE AUTHORIZED SPECIAL CONDITIONS AS RESPECTS GENERAL AN AUTOMOBILE LIABILITY-. It is agreed CITY Of SAN JUAN CAPISTRANO AMC ITS ELECTED AND APPOINTED OFFICIALS is included as an Additional Insured, but solely as respects worB performed and vehicles Lsed by or on behalf of the Named Insured in connection with the above described project.