Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
1987-0915_SULLY MILLER CONTRACTING_Contract
6 RECORDED AT THE REQUEST OF AND RETURN TO: Ex� 8PT 88-J, 6821 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 City of San Juan CAPISTRANO City Clerk's Department 32400 Paseo Adelanto Mary Ann over, City Clerk San Juan CAPISTRANO, CA 92675 City of SaK 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 Sully -Miller Contracting Company, for the performance of the following work: CONSTRUCTION OF A.C. OVERLAY - GANADO ROAD, GALANO WAY & ORO PLACE 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 5th day of January 1988, by Resolution No.88-1-5-1 . That upon said contract, the Seaboard Surety Co. was surety for the bonds given by the said company as required by law. Dated at San Juan CAPISTRANO, California, this 5th day of January 1988. Mary Ann river, Ci y Clerk City of S9K Juan CAPISTRANO STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified Cita 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 5th 'ORDED IN OFFICIAL RECORDS ORANGE COUNTY. CALIFORNIA -1245 pM JAN 13'88 COUNTY Q RECORDER day of January 1988, Mary Ann H ver, City Clerk City of San !ruan CAPISTRANO i 0 "City Copy" CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and s„iiy-M;iio,- C^^*tacr;ng r„ hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 1985 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of A.C. Overlay of Ganado Road, Galano Way and Oro Place in strict conformity with the Plans, Specifications and all other contract docu- ments, 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- 0 0 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 C�iy, 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 LAu RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB- CONTRACTOR, for each calendar day during which such workman is required or -16- 0 0 permitted to work more than eight (8) hours in ciolanon of the pro�.sions .,t .Article Three, Chapter One, Part Seven, Dwtston 2, of the Cahf.x ., L_bor Coae, except as permitted by law. IN WITNESS UHEREOF, this contract :s executed by the du,:, authorized gent(s) of City, pursuant to Counc:i action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN CAPISTRANO DATED: September 15, 1987 BY: MAYOR AN NY L. BLAND ATTEST: Mary Ann Ha ver, City Clerk APPROVED AS TO FORM: aw, t-tty Attorney BY: SULLY—MILLER CONTRACTING COMPANY CONTRACTO ROBERT E. HOLLAND, VICE PRESIDE n r ;KD_ BLAIR, ASSISTANT SECRETARY -17- CONSENT CALENDAR — It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim Hausdorfer, and Mayor Bland NOES: None ABSENT: None APPROVAL OF WARRANTS (300.30) The List of Demands dated December 17, 1987, Warrant Nos. 5,372-5,582, in the total amount of $I,L97,078.44, was approved as submitted. 2. APPROVAL OF PLANS, SPECIFICATIONS, CALL FOR BIDS - As set forth in the report dated January 5, 1988, from the Director of Public Works, Council approved the plans and specifications for the Camino Capistrano Bridge Landscaping Project and authorized staff to call for bids. Construction of the landscaping was estimated at $90,000. Preliminary project landscape plans were reviewed and approved by Council on February 5, 1985. 3. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40) The Report dated January 5, 1988, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of December 14, 1987, was ordered received and filed. 4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated January 5, 1988, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of December 21, 1987, was ordered received and filed. 5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) 6. The Report dated January 5, 1988, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of December 9 and 23, 1987, was ordered received and filed. COMPLETION OF ASPHALT CONCRETE OVERLAY - As set forth in the report dated January 5, 1988, from the Director of Public Works, the construction of the asphalt concrete overlay of Ganado Road, Galano Way and Oro Place was completed. -2- 1/5/88 0 Acceptance of Work: _ The following Resolution was adopted: RESOLUTION NO. 88-1-5-1, COMPLETION OF ASPHALT r'nArr PPTF nl/PAI AV _ _A A1C nn DnAn CAI AAIn li/AV AAIn V L -L!', 1.L \JVLL I-IVI ILLC.[1/ - l ttCJ1JLV I ILAV 1_)r lrlG 1.131 COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE ASPHALT CONCRETE OVERLAY - GANADO ROAD, GALANO WAY AND ORO PLACE (SULLY -MILLER) The Resolution accepted the work as complete in the amount of $38,384.25, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Payment status was as follows: Total Project Cost $38,384.25 Less 10% Retention 3,838.43 Amount Due 34,545.82 Staff was authorized to make payment as indicated and to release the 10% retention 35 days after recording the Notice of Completion. 7. DENIAL OF CLAIM (ELDAMANIE E. KEMP) (170.70) The Claim received by the City on November 10, 1987, from AttorneyCheryl L. Tomac, on behalf of Eldamanie E. Kemp, in an amount in excess of $25,000, for personal injuries, was denied, as set forth in the Report dated January 5, 1988, from the City Attorney. 8. DENIAL OF CLAIM (PAMELA E. MESHEL) (170.70) The Claim received by the City on December 15, 1987, from .Attorney Laurence Kutinsky, on behalf of Pamela E. Meshel, in an amount of $50,000, plus medical bills and other special damages, for personal injuries, was denied, as set forth in the Report dated January 5, 1988, from the City Attorney. PUBLIC HEARINGS PROPOSED AMENDMENT TO CHAPTER 2 OF TITLE 9 OF THE MUNICIPAL CODE - ADMINISTRATION AND PROCEDURES 420.30 Proposal: Consideration of a major revision to Chapter 2 of the Zoning Code for consistence with State law and current City procedures and policies. Applicant: This was a City -initiated public hearing. -3- 1/5/88 AGENDA ITEM TO: FROM: SUBJECT: SITUATION January 5, 1988 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works Resolution, Notice of Completion and Final Report - A.C. Overlay, Ganado Road, Galano Way and Oro Place The construction of the asphalt concrete overlay of Ganado Road, Galano Way and Oro Place has been completed to the satisfaction of the City Engineer and is ready for acceptance by the City Council and recordation of a Notice of Completion with the County Recorder. NOTIFICATION Sully -Miller Contracting Company COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The contract was awarded to Sully -Miller Contracting Company for $38,203.00 and was completed for $38,384.25 due to minor changes in quantities. Funds are available in Account No. 12-6900-4710-119 for this project. ALTERNATE ACTIONS 1. Accept the improvements. 2. Do not accept the improvements. 3. Refer to Staff for additional information. RECOMMENDATION By resolution, determine that the work for the A.C. Overlay of Ganado Road, Galano Way and Oro Place 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 $3,838.43 thirty five (35) days after the recordation of the Notice of Completion. Respectfully submitted, W. D. Murphy WDM/BP:nb +' Cirf COUNCIL AGENDA 0 0 RESOLUTION NO. 88-1-5-1 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 ASPHALT CONCRETE OVERLAY - GANADO ROAD, GALANO WAY AND ORO PLACE (SULLY -MILLER CONSTRUCTION COMPANY) (G0-1�1-G WHEREAS, on the 15th day of September 1987, the City of San Juan Capistrano entered into a contract with Sully -Miller Construction Company for the Asphalt Concrete Overlay - Ganado Road, Galano Way and Oro Place; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano, as follows: SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2. That the total cost of said work is in the amount of $38,384.25. SECTION 3. That the work is hereby accepted and approved. SECTION 4. The City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this Sth day of January , 1988. ANTHONY BLAND, MAYOR ATTEST: 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. 98-1-S-1 adopted by the City Council of the City of San Juan CAPISTRANO, California, at a regular meeting thereof held on the Sth day of January , 1988, by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None (SEAL) MARY AN ANOVER, CITY CLERK d49 Please sin and return to tt tty er< s epartment. Thank you. NOTICE TO PROCEED TO: Sully -Miller Contracting Company P.O. Box 432 Orange, California 92666 0 .y,.��5 OF THE CITY COUNCIL ��tt 4 THONY L. BLAND �vI l{^. !S� a�LtAWRFEF �NN}SCY)�E F. BUCHHEIM y V O L.n1tAU SOORFER PHILLIP R. SC WARTZE RyII'KIS r AGER Afl �I' liPHEN B JULIAN Project: Asphalt Concrete Overlay of Ganado Road, Galano Way and Oro Place Amount of Contract: $38,203.00 You are hereby notified to commence work on the referenced contract on or before October 12, 1987, and to fully complete all of the work of said contract within 30 consecutive calendar days thereafter. Your completion date is November 11, 1987. The contract provides for an assessment of the sum of $100.00 as liquidated damages for each consecutive calendar day after November ll, 1987, that the work remains incomplete. Dated this 9th day of October, 1987. J �`X Cr y LrvYti-- Mary Ann H ver, CMC City Clerk ACCEPTANCE OF NOTICE Recl�f/doing Notice to Proceed is hereby acknowledged by this 14th day of October , 1987. ROBERT E. HOLLAND Vice President 31400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493'1171 i Jwwr �� e I�mlvn�owerm aamelo 1861 1776 September 18, 1987 Sully -Miller Contracting Company P. O. Box 432 Orange, California 92666 0 RB OF THE CITY COUNCIL HONY L. BLAND LAAE�WJJ��RRENQQ��C1,1,—]�E F. BUCHHEIM E, FRIESS OCT 1 ' 431TI E�()"IAUSOORFER q PHI CC LLIP SCHWARTZE AGER L.^11YId�T ,ry -}f PHEN B JULIAN City rr Re: Award of Contract - Asphalt Concrete Overlay of Ganado Road Galano W n" Dlo'_ Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held September 15, 1987, awarded the contract for the asphalt concrete overlay of Ganado Road, Galano Way, and Oro Place to your company at $38,203. Enclosed is a fully executed copy of the Agreement for your records. We have received the required bonds and Certificates of Insurance. Please return an acknowledged copy of this Notice of Award. Thank you for your cooperation. If we can be of further assistance, please call. Very truly yours, �yC� CLLr� r� Mary Ann Hanover, CMC City Clerk MAN/mac Enclosure cc: Director of Public Works Director of Administrative Services of the foregoing Notice of Award is hereby acknowledged: ROBERT E. BOLLM This 30th day of Septarber 1987. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 CONSENT CALENDAR 0 [ was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the sta recommendations be accepted for the following items listed onthe Con ent Cale ar. The motion carried by the following vote: OYES: Councilmen Schwartze, Buchheim Hausdorfer, and Mayor Bland None Councilman Friess 1. APPROVAL OF W RANTS (300.30) The List of Demands ted August 27, 1987, Warrant s. 4,148-4,300, in the total amount of $549,938.02, w approved as submitted. 2. CITY TREASURER'S REPOR OF INVESTMENTS 50.30) The City Treasurer's Report of vestments s of August 31, 1987, in the total amount of $13,714,506.95, was appr ed as s mitted. 3. CITY TREASURER'S REPORT OF 1911 CT BOND DEL[N UENCIES (345.60) The City Treasurer's Report /,'F' t Bo d Delinquencies as of August 31, 1987, in the total amount of $32.00,ved as ubmitted. 4. REPORT OF CULTURAL ARERITAGE htMISSION ACTIONS (9t0.60) The Report dated Septem er 15, 1987, from the Secre ry of the Cultural Arts and Heritage Commission, r garding actions taken at the m CX of August 25, 1987, was ordered received d filed. 5. REPORT OF PLA)MING CO.M.MISSION ACTIONS (440.40) The Report ated September 15, 1987, from the Secretary the Planning Commission regarding actions taken at the meeting of Septembe 8, 1987, was ordered r eived and filed. 6. REPO T OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS 090.20) TFd Report dated September 15, 1987, from the Secretary of the Traffic\�nd ransportation Commission, regarding actions taken at the meetings of August 3,2 and 26, 1987, was ordered received and filed. 7. AWARD OF CONTRACT - ASPHALT CONCRETE OVERLAY, GANADO ROAD, GALANO WAY .AND ORO PLACE SULLY -MILLER 600.30 ._ As set forth in the report dated September 15, 1987, from the Director of Public Works, the contract for the asphalt concrete overlay of Ganado Road, Galano Way and Oro Place was awarded to Sully -Miller Contracting Company of Orange, in the amount of $38,203. -3- 9/15/87 AGENDAITE TO: FROM: SUBJECT: SITUATION September 15, 1987 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works Award of Contract - A.C. Overlay, Ganado Road, Galano Way and Oro Place Bids have been received for the asphalt concrete overlay of Ganado Road, Galano Way and Oro Place as follows: Sully -Miller Contracting Company $ 38,203.00 Vernon Paving Company $ 38,676.10 Southland Paving, Inc. $ 48,587.00 These streets were built as one of the oldest tracts in the City and are in need of a major maintenance effort at this time to prevent the need for costly reconstruction in the near future. NOTIFICATION Sully Miller Contracting Company All residents will be notified two weeks prior to reconstruction, and again three days before construction operations begin, by written notice, detailing streets and limits of work to be done and the hours of work which shall be between 8:00 a.m. and 4:00 p.m. Streets shall also be posted 36 hours in advance of work, with temporary "No Parking - Tow Away" signs at 100 foot intervals. These signs shall also state the day of the week, hours of parking and contractor's name. COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is $49,000. Sixty thousand dollars ($60,000) has been budgeted in Account No. 12-6900-4710-114 this year and sufficient funds are available for the construction of the project at the bid price of thirty eight thousand, two hundred and three dollars ($38,203). Frsaa;Ut; G 1:5 s at':`..f ctrl h AGENDA ITEM • • "September 15, 1987 Page Two ALTERNATE ACTIONS 1. Award the contract for the A.C. Overlay of Ganado Road, Galano Way and Oro Place to the low responsible bidder Sully -Miller Contracting Co. 2. Do not award the contract. 3. Request further information from Staff. RECOMMENDATION By motion, award the contract for the A.C. Overlay of Ganado Road, Galano Way and Oro Place to the low responsible bidder Sully -Miller Contracting Co. in the amount of $38,203 and reject all other bids. Authorize the Mayor and City Clerk to execute the documents on behalf of the City. Respectfully submitted, W. D. Murphy WDM/BP:nb • E • B NO: 14166087 • P UM: $172.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That SULLY -MILLER CONTRACTING COMPANY as Principal, hereinafter called CONTRACTOR, and SEABOARD SURETY COMPANY 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 Thirty-eight Thousand Two Hundred Three and 00/100----- 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 September 15, 1987 , entered into a (describe agreement): A. C. Overlay of Ganado Way, Galano Way and Oro Place 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 4th day of September 1987 at Long Beach California. APPROVED AS TO FORM PRINCIPAL �SU�LY-MILLER CONTRACTING COMPANY Johy\A. Berton, Vice President (NOTARIZATION AND SEAL) :via STATE OF CALIFORNIA UX#Xd(11GN5 COUNTY OF LOS ANGELES aFlclu SEAL 55.: C01MIE J. RU2ICKA NOTARY CU&IC-CALIFaWIA LOS ANGELES C WNTY try CaMlSslal E%P. JUNF 23, 1991 On this 4th day t]Ptember 19--U, before me, the undersigned Notary Public, in and for the State, personally appeared James 0. Pittman------------ a person known to me (lel(19xwkdt7cxceXfNtNe(kaL9l9pf7sAttsfxvtRWt1R9d. to be the person who executed the written instrument as Attorney -in -Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this My Commission Expires June 23, 1991 FORM 116 12/62 STATE OF CALIFORNIA COUNTY OF LOS ANGELES LOMIIAISEA' . RU2ICKArC-CALIFORNIAESCOWATYtry COMMJUNE 23, 1991 ACKN0WLEDGMENT-CWpW3tW-W0Iadl5 Farm 222CA-x-W. 5-82 ©19112 WOLCOTTG, INC. W"clan 3.21 4th day of September A.D. 19 67 Notary Public. On this 4th day of September , in the year 19 87, before me, the undersigned a Not ry Pubji in and for said State, personally appeared John A. Berton, Vice �resi�ent---- —----- ---- ------------------------------------- , personally known to me fKAMMIVIMiSr #*y8 3 sX&yalbtTe'kl VV'V4i 1Q%) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notary Public in and for said State. BOND NO: 14166087 • Premium Included in Faithful Performance Bond 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 SULLY -MILLER CONTRACTING COMPANY License No. 1538-A , hereinafter designated as "Principal", a contract for A. C. Overlay of Ganado Road, Galano Way and Oro Place ;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 SULLY -MILLER CONTRACTING COMPANY , Principal, and SEABOARD SURETY COMPANY ,as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Thirty-eight Thousand Two Hundred Three and 00/100----- DOLLARS • ($ 38,203.00), 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, Chaptee 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, • including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -22- 0 IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each • of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 4th day of September 19 87 . 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. • is APPROVED AS TO FORM SEABOARD�SURETY COMPANY SURETY By ams . Pittman, Attorney -in -Fact -23- STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this 4th day of September , in the year 19 87 , before me, the undersigned, a Notary Public in and for said State, personally appeared John A. Berton, Vice President---------------------- aFFlclu SEAL -------------------------------------- , personally known to me CaRaE J'RUncxA jNC�ipeygtDGl[pt07tu1%hC>d>AKiX70bCsaH9l�tdtyLl[VtdBllOfl>; to be the person who executed the NInMY PLBLIC-CALIFORNIA IdS ANBELES caIAVTY within instrument on behalf of the Corporation therein named, and acknowledged to me that ►a CBM7ISSION EXP. JIR1E z3, 1991 the Corporation executed it. WITNESS my hand and official seal. Notary Public i and for said State. ACKNOWLEDGMENT—Corpontion—Woo=s Form 222CA-X—Rw. 5-92 ®1992 WOLCOTTS, INC. (wiwd sa-2) STATE OF CALIFORNIA OFFICIAL SEAL LIKV CONNIEJRUZILKj ss.: NOTARY PUBLIC- CALI!XJ(MPCOUNTYOF LOS ANGELES 1 LosANBELEscauNC"ISSION EXP. JUNE 23 On this 4th daySeotember 19 87, before me, the undersigned Notary Public, in and for the State, personally appeared James 0. Pittman------------ a person known to me(7pRRgpylgSkJN(L'pXppN,1i9(pia6jWpf>6Rp'G9fRat�>147WVidCpOW), to be the person who executed the written instrument as Attorney -in -Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this My Commission Expires June 23, 1991 FORM 116 12/82 4th day of September A.D. 19 87 Notary Public. of Long Beach, California its true and lawful Attorney -in -Fact, to make, execute and deliver on its behall insurance policies, surety bonds, undertakings and other instruments of similar nature as follows: Unlimited in amount, but restricted to bonds for Sully -Miller Contracting Company and/or Southern Pacific Milling Company, Inc, and/or South Coast Asphalt Products Company, Inc. Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By -Laws which were duty adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are stRI in full force and effect: ARTICLE VII, SECTION 1: "Policies, bonds, recognizances, stipulations, consents of surety, underwriting underlakirtga and instruments relsila9 thereto. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President,a Vice-Presidentora Resident Vice -President and by the Secretary,an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary: or (b) by an Attorney -m -Fact for the Company appointed and authorized by the Chairman of the Board, the _Resident or a Vice -President to make such signatures or Id) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice - Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ..12th._., day of . --June---._._..---___._..-._... 198-6.. V yy HETy g� * `Oy Attest: SEABOARD SURETY COMPANY , " 1927 _ By jFF.j� rt ftelJ es - tz 'lvoTn xy�+(Seal) ._.:-".c__-__``:-'-----.`._.-. .._ ...... ..... ......_... _-_._'....-. Assistant Secretary IV e•Presitlent STATE OF NEW JERSEY as.: COUNTY OF SOMERSET On this - _12th ............ .. day of -.._..__-.---_._..- .... J.u.Be...... ...._..-_......_.......-... --.......... 19.-86..., before me personally appeared ..__...- Michael—B.._..Keegan....... .._.__..._._.._____............. _.._._....... a Vice -President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duty sworn, said that he resides in the State of.N.ew..- J.e.r.sey.. ; that he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice -President of said Company by like authority. PATRICIA L. LEBBING - - A Notary Public of New Jersey (Seal) My Co®mivion Expires May 25, 1987 Notary Public \~' CERTIFICATE —� I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force antl effect on the date of this Certificateand I do further certify that the Vice -President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII, Section 1, of the By -Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. "RESOLVED: 12) That the use of a printed facsimile of the corporate seat of the Company and of the signature of an Assistant Secretary on any certification of the correctness of atopy of an instrument executed by the President or a Vice -President pursuant to Article Vit, Section t, of the By -Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other inatnAmerits-described in said Article VILSecticin 1, with like effect asifsuch seat and such signature had been manually affixed and made, hereby is authorized and approved.' IN WITNESS WHEREOF; i have hereunto set my hand and affixed the corporate seal of the Company to these presents this Warr, $ f -------- day of ----------- Se{I_tember__-- -.- y 1921 r4� c� 1 �Y _.try ---Assistant Secretary - - - Fame sli (Rev_ 7la4) For verification of the authenticity of this Power of Attorney you may call, collect. 212-943-7440 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above named individualls) and details of the bond to which the power is attached. 2. Sully -Miller Contracting Co. 3. Vernon Paving Co. 0 r `'` f a0000' 4. 5. 6. 7. W 9. 10. cc: City Clerk's Staff (3) Signed Public Works (3) t� City Manager (1) Dated The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. 0 0 B I D O P E N I N G R E P O R T Bids opened AUGUST 31 1987 at 2:00 am/pm Project Title A.C. OVERLAY GANADO ROAD, GALANO WAY, AND ORO PLACE Project Engineer BRIAN PERRY Pre -Bid Estimate $49,000.00 Bid Bid Bidder: Amount Bond 1. Southland Paving, Inc. Vow V4c /Vow-we _400 2. Sully -Miller Contracting Co. 3. Vernon Paving Co. 0 r `'` f a0000' 4. 5. 6. 7. W 9. 10. cc: City Clerk's Staff (3) Signed Public Works (3) t� City Manager (1) Dated The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. • • • BID PROPOSAL For the: A.C. OVERLAY OF GANADO ROAD, GALANO WAY AND ORO PLACE From: Sully -Miller Contracting Company 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: 7Wj1rr)1 6iy6tT ?HouSwJb kIn XlJNORED 7/*ejF 8 3.0 Words ASD '//ao Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifica- tions or the drawings for the work. • If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of thirty (30) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. -3- 9 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 "$ cash", cashier's check, certified check or bidder's bond on the forms from Pages 18 and 19 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. • The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: SEABOARD SURETY COMPANY, 19700 FAIRCHILD, SUITE 130, IRVINE, CA 92715 Licensed in accordance with an act providing for the registration of contractors -- License No. #1538 "A" -4- Signature of ...- o _ %,e Robert E. Holland, Vice President • i • (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.) Sully -Miller Contracting Company (CORPORATION) Dated: August 31, 1987 6145 Santiago Canyon Rd., Orange, CA 92669 Business Address Dated: August 31, 1987 (714)639-1400 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: August 31, 1987 Dated: August 31, 1987 • �"d a ;4'� Signature of Bidder Robert E. Holland (714)639-1400 Vice President Telephone Number -5- • 0 0 SCHEDULE OF WORK ITEMS A.C. OVERLAY OF G ANADO ROAD, G ALANO WAY AND ORO PLACE Total Bid Price (Enter here and on Page 3) Physical Property Weight, Ounces Per Square Yard - ASTM Designation: D 1910 Grab Tensile Strenght (1 -Inch Grip), Pounds - ASTM Designation: D 1117 Elongation at Break, Percent - ASTM Designation- D 1117 Fabric Thickness, Mils - ASTM Designation: D 461 IM $ 203. 00 Figures Requirement Proposed 3.0 to 8.0 y,3 90 Min. 1 1 5 M14. 40 Min. 7$ MvJ. 12 to 100 3 7 AVe. Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amount 1 18,960 S.F. Cold Plane A.C. for the unit price of ZERD A'qo 9-2li/o0 dollars per square foot. $ O. Z.,Z. $4izL-_t0 2 61,890 S.F. Furnish and install pavement reinforcing fabric for the unit price of ZEKo wyt>�2//oe dollars per sq. foot. $ 0.12- $ 9t5i 80 2b 3 640 Ton Furnish and install asphalt concrete overlay for the unit price of '7.W,try ONE AND �S/pp dollars per ton $ . ,p 4 25 Ton Furnish and install asphalt concrete patching for the unit price of ayE 11AWA?e T!!" F/VF A.ND °%oo dollars per ton. $133-00 $ 3375. OO 5 10 Ea. Adjust frame and cover to grade for the unit price of 7 NUND 7-!ii¢7y TWF_- dollars per each. —S'/roo— $ .2 33.00 $4,350. 00 6 L.S. Traffic control for the lump sum price of nhnlE Aw DaF,] AND °p/ioo dollars. $ CIO 0.0o Total Bid Price (Enter here and on Page 3) Physical Property Weight, Ounces Per Square Yard - ASTM Designation: D 1910 Grab Tensile Strenght (1 -Inch Grip), Pounds - ASTM Designation: D 1117 Elongation at Break, Percent - ASTM Designation- D 1117 Fabric Thickness, Mils - ASTM Designation: D 461 IM $ 203. 00 Figures Requirement Proposed 3.0 to 8.0 y,3 90 Min. 1 1 5 M14. 40 Min. 7$ MvJ. 12 to 100 3 7 AVe. E P 0 r NON -COLLI SION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBStITTED U ITH BID STATE OF CALIFORNIA ss. County of Orange Robert E. Holland-------------------------------, being first duly sworn deposes and says that he is Vice President----------- of Sully -Miller 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 anyone else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. DATED: August 31, 1987 60"'1 'jc) 1'4L / SIGNATURE On this the 31st day of August , 1987 before me, the undersigned, a Notary Public to and for said State, personnally appeared Robert E. Holland, Vice President---------------------------------- , personally known to me/fx6txgdxDcxme(xxx )w;ba xxmk76mlDdaE(Kmx7,fxstxxfeK=cx to be the personW whose name66A is ------------------ subscribed to the within instrument, and acknowledged that he ---------- executedit. WITNESS m hand and official seal. Alice � Y Alice M. English NOIMr RMI M. GtNOI,M� PpM1CIM1 OI/lE[ M ( W� OIINYr1 CgIN,r �/ /% _ lnn ..l _ O .l l ►q Camtown Oct. tl. 19M or saip)state • 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 following listed sub -contractors in making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only. • Item of Work Sub -Contractor L ► fle _ u e • " Address Phone No. Mw4-r5K6 :% PARk 72 S - l 3 R 7 (2)3) Sully -Miller Contracting Company BIDDER'S NAME 6-O d a /4� AUTHORIZED SIGNATURE Robert E. Holland, Vice President M-2 0 0 BOND NO: 766046 (14369) PREMIUM: INCLUDED IN BBSU • BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, SULLY -MILLER CONTRCTING COMPANY as PRINCIPAL, and SEABOARD SURETY COMPANY as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPIgTRANO, Obligee, hereinafter called Ten Percent of the Total Amount City, in the sum of $of the Bid , 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 August 31 , 198_ for the construction of A.C. Overlay of Ganado Road, Balano Way and Oro Place forthe 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- IN WITNESS WHEREOF, the above -bounden parties have executed this • instrument under their several seals this 31st day of Aua.' 1981__,, 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. LJ LJ Two Witnesses (If Individual) ATTEST (If Corporation) Corporate Seal ATTEST Title Jo Clemente. k APPROVW AS TO FORM: , City Attorney SULLY -MILLER CONTRACTING COMPANY PRINCIPAL Title: hn A. Berton Vice President SEABOARD SURETY ML•15 0. STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 31st day of August , in the year 19 87 , before me, the undersigned, a Notary Public in and for said State, personally appeared John A. Berton--------------------------------------- OFFICIAL SEAL — — — — — — — — — — — — — — — — — — — — — — — — — and John Clemente----------- � cO1tREJ. RUMSEAL — — — — '— — — — — — — — — — — — — — — — — — — — — — — — —' '— ,personally known to me NOTARY PUBLIC- CALIFORNIA �pxappye�tfptplC,lWClpi[�1XdF�(dt>�A1ih�t� ye�lil9�rr� to be the persons who executed the LOS ANGELES COUNTY Assistant NY CpTRSS1ON EXP, JUNE 23. 1991 within Instrument asvice President and Secretary, respectively, of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. ACKNOWLEDGMENT —Corp .—Pres . B Gec.—WelcWls Form 222CA—Rev. 1183 ©1983 WOLCOTTS. INC (price class 8-2) Notary Publill and for sal STATE OF CALIFORNIA djIMb COUNTY OF LOS ANGELES OFFICIAL SEAL SS.7 -` a CCNNiE J. gU21CKA �:t.', NOTARY Pi1BLIC-CALIFORNIA ] LOS ANGELES C(7JN?Y to COFMISSION EXP. JUNE 23, 1991 On this 31st day Ada Inst 1987, before me, the undersigned Notary Public, in and for the State, personally appeared James 0 Pittman------ a person known to me(2fK�1idFN�ttlW�EX>bXE(B(lztatf�tlf7tf�11„�� to be the person who executed the written instrument as Attorney -in -Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this My Commission Expires June 23, 1991 FORM 116 12/82 31St day of August A.D. 1987 HH 2973 AD H( STFUME OF€SEB, B€DMINSiER NEW JERSEY POWER of ATTOMEY OW ALL MENBY T#t) SE PRESEi+M: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has JR constituted and$ppointed and by these presents; does make, constitute and appoint R. K. MacGregor or ones O: Pittman Of Long Beach, California its true and tawfut Attorney -in -Fact, to make, execute and deliver on its b"I insurance policies, surety bonds, undertakings and otherInstruments ofsimllarnatureasfollows: Unlimited in amount, but restricted to bonds for Sully -Miller Contracting Company and/or Southern Pacific Milling Company, Inc. and/or South Coast Asphalt Products Company, Inc. Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given; -are hereby ratified and confirmed - This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE Vll, SECTION 1: "Policies, bonds, reeugnizanbes, stipulations, consent of surety, underwriting undertakings and Instruments relating thereto. Insurance policies, bonds, recogmzances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other writings relating in any way thereto or to amy claim or toss thereunder, shall be signed ki the name and on behalf of the Company - (a) by the Chairman cit the Board, the Presldent, a Vice -President or a Resident Vice -President and by the Secretary, an Assistant secretary, a Resident Secretary or a Resident Assistant Secretary; or jW by an Attorney -in -Fact for the Company appointed and authorized by the Chairman of the Board, the President or a Vice -President to make such signature: or (c) by such other officers or representatives asthe Board may from time to time determine. -- - The a" of the Company snail if appropriate be affixed thereto by any such officer, Atforney-in-Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice - Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this 12th day of .... June. _.__........... .._._...... , 198:6.- �0usvxEtre. * 0 Attest. SEABOARD UR�MPANY, 'W I927 z 4 r _ >r rt (Seal) f Y .__. B Y- — Assistant Secretary V e•Presiden[ STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On this .._12th...--_-_... day of .------- ....... ----..._+7.til?.Q----- ........ -.:..__._..... ._.-.-...... -..... , 19...8 .-., before me personally appeared Michael- .--Keegan......___ -1. – ............... .......... a Vice -President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duty sworn; said that he resides in the State of.N.e.W ...J. er.sey _ ; that he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seat of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice -President of said Company by like authority. PATRICIA L LfBBING r A Notary Public of New Jersey (Seal) My Cormoimim Fspirm May 25, 1987 Notary Public j C E R T I F I C A T E 1, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do herebycertify that the original Power of Attorney of which the foregoing is a full, true and Correctcopy, is in full force and effect on the date of this Certificateand I do furttlercertify that the Vice -President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII, Section 1, of the By -Laws of SEABOARD SURETY COMPANY This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. "RESOLVED: (2). That the use of a_printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification of the correctness of atopy of an instrument executed by the President or a Vice-Presldentpurselanf to Article VII, Section 1, of the By -Laws appointing and authorizing an-attorney-in-faet to sign in the name and on behalf of the Company surety bons. underwriting undertakings or other instruments described in-saidAncate Vit; Section 1, with like effect as if such seal and such aignatura had been manually affixed and made, hereby is authorized and approved'>IN WITNMWHEREm I haveset my hand and affixed the corporate seat of the Company to these presents this ALI_9U t ........ 19B7 Assistant Secretary farm 957 (nee- 7/84l _ For verdication of the authenticity of this Power of Attorney you may call, collect 212-943-7440 and ask for the Power of Attorney clerk Please refer to the Power of Attorney number, the above named individuals) and details of the bond to which the power is attached. 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: July 30, August 6,1987 I declare under penalty of perjury that the foregoing is ture and correct. Executed at Mission Viejo, Orange County California, this....... day of Aug 19$!...... .................. G RSignature 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 Proof of Publication of NOTICE INVITING BIDS ASPHALT CONCRETE"OVERT:AY. O'F......... GANADO ROAD GALANO WAY AND ORO PLACE 0 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEu S Jody Kolar, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: PROOF OF PUBLICATION: u THURSDAY, JULY 30, 1987 THURSDAY, AUGUST 6, 1987 NOTICE INVITING BIDS - .ASPHALT CONCRETE OVERLAY OF GANADO ROAD, GALANO WAY AND ORO PLACE Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 AUTHORIZED BY: �,�d��ti DATE: July 27, 1987 Date of Bid Opening - 08/31/87 Date (s) notice published - 07/30/87 - 08/06/87 Date affidavit received - bla71e�7 Date notice posted in designated posting places (3) - 07/30/87 0 0 NOTICE INVITING BIDS ASPHALT CONCRETE OVERLAY OF GANADO ROAD, GALANO WAY AND ORO PLACE Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Asphalt Concrete Overlay of Ganado Road, Galano Way and Oro Place until 2:00 P.M. on the 31st day of August, 1987. A pre-bid conference is scheduled at 10:00 A.M. on the 24th day of August, 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: July 27, 1987 �GG CITY CLERK —� CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA 0 0 A.C. OVERLAY OF GANADO ROAD, GALANO WAY AND ORO PLACE NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 31st day of August 1987, receive sealed proposals or bids for the A.C. OVERLAY OF GANADO ROAD, GALANO WAY AND ORO PLACE 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 24th day of August 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 dist'" seminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one -hundred percent (100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the surety list provided herein. -1- 0 • The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of thirty (30) calendar days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of plans and specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $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: CITY CLE" < CITY OF AN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- 0 RENEWAL OF AGREEMENT FOR "IBROS Y ARTES This item was removed from the Consent Calendar at t e request of Councilman Friess for clarification of a request from Libros y tes for a loan. The City Manager advised that the l n was for a specific s ies on the works of interior designer Elsie De Wolfe. Sta f had been working wi the organization and the item would be scheduled for the Au ust 4, Council Agen It was then moved by Council an Friess, seco ded by Councilman Buchheim, and unanim�isly carried to approv the one-year agreement with Libros y Artes for cultural arts activities in the C ty's portion f the Library complex, as set forth in the report 'dated July 21, 1987, from the irector of Community Services. The Mayor and Cit�.,Clerk were aut orized t execute the agreement on behalf of the City. PUBLIC HEARINGS 1. AMENDMENTS TO TITLE S OF nft MUNICIPAL CODE - UNIFORR[ BUILDING Written Comm Report dated Development, outside agenci Hearing. it was moved o unanimously car the Uniform Bui Council recessed Redevelopment A July 21, 1987 the Director of Community Planning and dvisin e to t e`�ecessity for further review by staff and item w not rea y fol ,hearing by the Council. been giv as require by law, Mayor Bland opened the Public Public earin : y Co ncilman Hausdorfe seconded by ouncilman Buchheim, and ried to continue the publi hearing for a tion of new editions of ldi Codes to the meetin of August 4, 198 ., 7:16 p.m.,. to convene the San Juan , and reconvened at 7:23 .m. Community Written Communications: Report dated July 21, 1987, from the City Manager, advising that property owners in the portion of the City's proposed Westside Annexation known as Bear Brand Ranch Tracts 9390 and 9880, had expressed concerns regarding the effects of the proposed annexation on the use of their properties and future home-building plans. As a result -6- 7/21/87 The G eral Obligation Bond tax rate 0.00625% f the full value of secured publish the RlefZlution in a local newspa forward a copy o e Resolution to the 9. EXT 10. To coincide with 90 days foil ng ex Bridge, the completion tes for December 31, 1987, et forth in the of Public Works: So Coast Engineering, Survey t ldan Associates, Engineering Moore & Tabor and Twining Labi Testing Services. fiscal year 1987-88 wase fished at >perty. The City Cler as directed to within fifteen da ter adoption, and to nge County itor-Controller. FOR VICES e pletion of the Camino Capistrano followin ontracts were extended to ,rt dated July 1987, from the Director Material RIZATION TO RECEIVE BIDS - ASPHALT The plans and specifications for the asphalt concrete overlay of Ganado Road, Galano Way, and Oro Place were approved, and staff was authorized to receive bids, as set forth in the report dated July 21, 1987, from the Director of Public Works. Funds in the amount of $60,000 were budgeted in Account 12-6900-4710-119; the Engineer's Estimate for the project was $49,000. CALL FOR BIDS - STREET LIGHT The specrf-ications and contract doeum ntsNkor the conversion ofCity eet lights from Mercur apor to High Pressure lodium Vapor were approve and staff was authorized to ca r bids. As set forth in the report dated Ju 1, 1987, from the Director of Public Wo s, the estimated ost for the conver was $130,200. 12. DENIAL OF CLAIMS As set forth in the report dated July 987 rom the City Attorney, the following Claims were denied: Claim in the amount of 1,5 0, r eived June 18 1987, from Attorney Jeffrey Metzg on behal of Mig Pereirea, for injuries and property damage; Claim in th amount of $1,000, 00, received Ju 19, 1987, from Attorney rk E. Edwards on behal of Daniel K. Kanelo , or injuries. -5- 7/21/87 rc^ AGENDA ITEM July 21, 1987 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Plans, Specifications and Authorization to Receive Bids - A.C. Overlay Ganado Road, Galano Way and Oro Place SITUATION Staff is requesting approval of plans and specifications and authorization to receive bids for the asphalt concrete overlay of Ganado Road, Galano Way and Oro Place. The streets were built as one of the oldest tracts in the City and are in need of a major maintenance effort at this time to prevent the need for costly reconstruction in the near future. NOTIFICATION All residents will be notified two weeks prior to reconstruction, and again three days before construction operations begin, by written notice, detailing streets and limits of work to be done and the hours of work which shall be between 8:00 a.m. and 4:00 p.m. Streets shall also be posted 36 hours in advance of work, with temporary "No Parking - Tow Away" signs at 100 foot intervals. These signs shall also state the day of the week, hours of parking and contractor's name. COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is $49,000. Sixty thousand dollars ($60,000) has been budgeted in Account No. 12-6900-4710-119 for street maintenance projects and this is the first of those projects. ALTERNATE ACTIONS 1. Approve the plans and specifications and authorize Staff to receive bids. 2. Do not approve the plans and specifications. 3. Request additional information from Staff. RECOMMENDATION By motion, approve the plans and specifications for the A.C. Overlay of Ganado Road, Galano Way and Oro Place, and authorize Staff to receive bids. 1 Respectfully submitted, W. D. Murphy WDM/BP:nb i tiaA CIT{ "C}UNf iiL &GE.NUA.:ate... , . 09/04/87 ;1 ai Johnson 8 Higgins of PA, Inc, 2600 One PPG Place _ Pittsburgh, PA 15222 (412)391-5350 National Union Fire Ins, Co, o` Pittsburgh, PA Attn: Thomas W. Kozal Koppers Company, Inc, and Its Subsidiary Sully -Miller Contracting Company - 3000 East South Street - Long Beach, CA 90805 (213)531-3550 - -_- - MALT III THIS IS TO CERP,zV -HAT 1 1 _;ES SI h AN,E LIFT SELO+! HAVE "'F?: IS - u.T `J THE iNSUREG i',A,'E') ABCE FOF "'1: "CI I PEIIIC )INDICA' D. NOTWITHSTANDING ANY RFaL Ff.ME4- TI7'�NI :_R CO'h ,ITION OF A[,Y C�J:'t"RAC OTHER I.000NIF N T 'ta'*'H RESPEC T: SN C l I I; CEFr I ICI,TE: 1. BE ISSUED OR MAY PERTAM 'HE IN ) IANf f ACFUF DCII FiY TH=. o J C.;..t Olti( 1.3E' Fu: RE'N .J? f,. - O ALL THE - =RN' EX". 1 !00gS AN'. CC )I - TIONS OF SUCH POLICIES. It H'L S, C: TR TVI'c OF v'cL A'vf p:, .t "JIMBE t —T GENERAL LIABILITd A f X1 COMPRPHEN�I.F trap RMGLA956-63-62 1/1/87 1/1/88 �� •�---- X PRFMISES/OPFPATION'' n - .-_,- - -- -- x UNDERGROUND 'AW EXPLOSION & FOLLAPSE `4PE0 PRODUCTS/COMPLETE) OPERATIONS IX X CONTRACTUAL B nr•I_ "1,000 411,000 rcnvw o �> X INDEPENDENT:ONTRAC1ORs BROAO FORM PROPERTY DAMAGE X PERSONAL INJURY PEF:S)N" 'IJJURV $11.000 AUTOMOBILE LIABILITY A k ANY AUTO X ALL OWNED ALTOS IPRIV PASS I X ALL OWNED AUTOS (OTHER THAN) RIV PASS X 1HIRED AUTOS x NON OWNED AUTOS I GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER RMBA154-97-11 1/1/87 1/l/88 Self -Insured By State of California Cert, No. 1130 - Continuous Coverage 11r lUry Ur UrCMA IIUNWLUUA I IUPIJ(Vt"IIl Lt001't' contract A.C. Overlay of Gana istrano and its elected and ap %I 11 L PROPEn V CAM4GF ©I & PG COMBINr,I 51,000 B.&PC STATJTOFY __T$ ITEMS XXX � jii(�Q7(j6i(ghR2}d(�070)61(g[/N10J(MAX A pg I! ca Road, Galano Way and Oro Place. �e Ci nted officials are hereby named as addi (EACH ACCIDENT' (D SEASE-PGLI:,Y IMI_ (DISEASE -EAUH EMPLUIIE e as respects of San Juan onal insureds City of San Juan Capistrano SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF•�+��q�i�j ,J$�$�}{�1pQS��j COMPANY WILL ENDEAVOR TO 32400 Paseo Adel anto MAIL 30 DAYS WRITTE4 i 1#4HL'CERTIFICATE HOLDER NAMED TO THE San Juan Capistrano CA. 92675 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSENjQBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR R RENTA•TIVE6. r 0 February 1, 1988 Sully Miller Contracting Company 6145 Santiago Canyon Road Orange, California 92669 Re: Gentlemen: 0 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN 8 JULIAN The City Council of the City of San Juan Capistrano at its regular meeting held January 5, 1988, adopted Resolution No. 88-1-5-1 accepting the work completed for the construction of asphalt concrete overlay of Ganado Road, Galano Way, and Ord Place, in the amount of $38,384.25. A copy of Resolution No. 88-1-5-1 is enclosed for your information. The retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on January 13, 1988; therefore, the final payment, in the amount of $3,838.43 may be released on February 17, 1988. Thank you for your cooperation. Very truly yours, Mary Ann anover, CMC City Cler MAH/mac Enclosure cc: Director of Public Works Director of Administrative Services Accounts Payable 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 Johnson & Higgins of PA, Inc. 2600 One PPG Place Pittsburgh, PA 15222 Attn: T. W. Kozal (412) 391-5350 INSURED Koppers Company, Inc. & its Subsidiary SULLY -MILLER CONTRACTING COMPANY 3000 East South Street Long Beach, CA 90805 (213) 531-3550 12-31-87 THIS CERTIFICATE IS ISSUED AS A MATTER OF NF:NMATION ONLY AND COIWERS NO RIGHTS UPON ` HE CERTFICAT: HOLDER. THIS CERTWA7E DOES NOT A IAEID, EXTEND OR ALTE%1 THE COVERAGIi AFFORDED BY THE POLICIES BELOW. COINIPANIES AFFORDING COVERAGE v A ETTER LE RPR L of Pittsburgh, h PA 9 , 0-MPANY 0 LE: TTER COMPANY C - LE ITER OCMPANY p LETTER GENERAL p:MIPANY IS - LE -ITER THIS IS TO CERTIFY THAT POLICIES OFINSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THEPOLICY PEIUODI DICATED. NOTWITHSTANDING ANY REOUNEMENT, TERM OR CONDITION OF ANY-4MTRACT OR OTHER DOCUMENT WITH RESPECT TO WINCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. co TYPE OF INSURANCE POLICY NUMBER POLICY 11 � �Y WNGWY) LIABILITY tJMRS IN THOUSANDS EACH OCCURRENCE A(3OREGA TE GENERAL LIABILITY _ A x COMPREHENSIVE FORM RMGLA956-63-62 01/01/88 01/01/89 $ $ PREMISES/OPERATIONS EXPLOSIONUND 7DA=MGE $ $ X & COLLAPSE HAZARD X PRODUCTSICOMPLEFED OPERATIONS x COMRACNAL $1,000, $1,000, X INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGE X PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY REN,Y I A x ANY AUTO RMBA154-97-11 01/01/88 01/01/89 AWRY (PEA°OIXIA $ ALL OWNED AUTOS (PRIV. PASS.) IMILY ALL OWNED AUTOS ( PRIVRPTASS. MR"MOCENR $ x PROPERTY x HIRED AUTOS X NON -OWNED AUTOS DAMADE $ i GARAGE LIABILITY COMBINED $ 1,000, EXCESS LIABILITY UMBRELLA FORM CO0$$OTHER THAN UMBRELLA FORMxSTi6' COMPENSATION SELF INSURED BY STA OF CALIFO IAAND # iJ.iWORKERS' 'DICYEMPLOYERS' CERT. NO. 1130-CONTI UOUS COVER E OLICY LIMO) LIABILITY ACH EMPLOYEE) OTHER UEbUHIP noN Ur UFtH norvvLUCATIONSNEHICLES/SPECIAL ITEMS Applicable as respects for transporting various equipment through the City. Cit of SJCapistrano SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 32400 Paseo Adel auto MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE San Juan Ca istrano CA 92675 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY P , OF ANY KIND UPON THE COMPANY- ITS ADF _ YMPNEEPRESFNTATIVES_ _ Ah As " - ...".;...._. ..,_.....,..,.. ..._. ..-- -- -` - -- -----,�.--- --=-,------ L - -- ---•-. _.-._ems iM p N e 0y'�0$ Piz O 6 �ggO`ggE5���i • * f 0 3iyH9 N o� W a s cd �b z Intl. qq x9 N � � < •st�s•vsg � Vi f.i ., 5° a 0 ` Wca Z 04 LL m O 79 —i O e e W O y C d sgg'eCJ Nag a H v Z ++ b o. c E.ye� J LO p o w x W i/1 u O w w o 8 on .$W c v2?si u LLZ a H$ 2 N b O e �d.an QEe EY, O A 7.,r". °iAIL 0 W V F. s+ `o u c� O H LL LL ��c8d n y b a Z v.a O a y C". ed o .J'. o U 99 `O ^€ 3IN u W O ,. .� Me c API G La QIyyi Cd gCg E n a Y" P-� Q > '" o ams -5 E4 `; ; O a m � o 3s'� a. ❑ V Gz,Oo..e�3nT. a FL". ed n='S 21041 O �■. W ti H � sn��ead i `^ O O cd 'I' w° `s;FC x V Fb$ o vs' $ $s3a,?�m D U � � O •�CC'r3g��°�c7 " - ...".;...._. ..,_.....,..,.. ..._. ..-- -- -` - -- -----,�.--- --=-,------ L - -- ---•-. _.-._ems The City Council of the City of San Juan Capistrano at its regular meeting held September 15, 1987, took action to award the contract for the construction of the asphalt concrete overlay of Ganado Road, Galano Way, and Oro Place to the low responsible bidder, Sully -Miller Contracting Company. All other bids were rejected. Thank you for your interest in this project. If we can be of further assistance, please call. MARY NN HANOVER, CMC MAH/mac cc: Director of Public Works Vernon Paving Company Southland Paving, Inc. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 .Javan \° N� MEMBERS OF THE CICOUNCIL QQ ANTHONY L. BLAND ■ LAWRENCE F. RUCHHEIM � "; ntaevoeel(0 KENNETH E. FRIESS �eeuteeo IB6I GARY L. HAUS DORFER 1776 PHILLIP R. SCHWARTZE �A • CITY MANAGER STEPHEN B JULIAN MEMORANDUM TO: Interested Persons FROM: Mary Ann Hanover, City Clerk DATE: September 18, 1987 SUBJECT: Award of Contract - Asphalt Concrete Overlay of Ganado Road, Galano The City Council of the City of San Juan Capistrano at its regular meeting held September 15, 1987, took action to award the contract for the construction of the asphalt concrete overlay of Ganado Road, Galano Way, and Oro Place to the low responsible bidder, Sully -Miller Contracting Company. All other bids were rejected. Thank you for your interest in this project. If we can be of further assistance, please call. MARY NN HANOVER, CMC MAH/mac cc: Director of Public Works Vernon Paving Company Southland Paving, Inc. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 a • • • CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS A.C. OVERLAY OF GANADO ROAD, GALANO WAY AND ORO PLACE U CITY COUNCIL ANTHONY L. BLAND, MAYOR PHILLIP R. SCHWARTZE KENNETH E. FRIESS LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER CITY MANAGER S. B. JULIAN DIRECTOR OF PUBLIC WORKS W. D. MURPHY APRIL 1987 0 • TABLE OF CONTENTS A.C. OVERLAY OFGANADO ROAD, GALANO WAY AND ORO PLACE TITLE PAG E CONTRACT DOCUMENTS Notice Inviting Bids...........................................................1 BidProposal..................................................................3 Schedule of Work Items........................................................6 Non -Collusion Affidavit........................................................7 Designation of Sub-Contractors.................................................8 Instructions to Bidders ................................................. ....9 Contract....................................................................14 BidBond....................................................................18 Performance Bond............................................................20 Labor do Material Bond........................................................22 Listing of Surety Companies...................................................24 SPECIAL PROVISIONS Work To Be Done...........................................................SP-1 Section 1 Standard Specifications ....................................... SP -1 Section 2 Terms Defined..........................................SP-2 • Section 3 Flow and Acceptance of Water.................................SP-2 DS -1 Section 4 Water ........ ..... .SP -2 Section 5 Insurance and Overhead Costs..................................SP-2 DS -3 Section 6 Protection of Existing Utilities (Underground DS -3 Bid Item 5 Service Alert)...............................................SP-2 Section 7 Protection of Private Property.................................SP-3 DS -4 Section 8 Construction Zone............................................SP-3 DS -4 Section 9 Pre -Construction Coordination Meeting .........................SP -3 Section 10 Notification.................................................SP-3 DETAIL SPECIFICATIONS AND METHOD OF PAYMENT Bid Item 1 Cold Plane A.C. Pavement ................................... DS -1 Bid Item 2 Pavement Reinforcing Fabric ................................. DS -1 Bid Item 3 Asphalt Concrete Overlay .................................... DS -3 Bid Item 4 Asphalt Concrete Patching ................................... DS -3 Bid Item 5 Adjustment of Manhole Frames and Cover Sets to Grade ............................................... DS -4 Bid Item 6 Traffic Control ............................................. DS -4 PROJECT PLANS Vicinity Map.............................................................1/2 Project Plan.............................................................2/2 • 0 0 • A.C. OVERLAY OF GANADO ROAD, GALANO WAY AND ORO PLACE NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 31st day of August 1987, receive sealed proposals or bids for the A.C. OVERLAY OF GANADO ROAD, GALANO WAY AND ORO PLACE 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 24th day of August 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- 0 9 • The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of thirty (30) calendar days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of plans and specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $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: CITY CL � <- CITY OF AN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA Ira 0 0 • BID PROPOSAL For the: A.C. OVERLAY OF GANADO ROAD, GALANO WAY AND ORO PLACE 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 r1 U Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifica- tions or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of thirty (30) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. -3- • 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 on the forms from Pages 18 and 19 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Licensed in accordance with an act providing for the registration of contractors -- License No. -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: Business Address Dated: 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: Signature of Bidder Dated: Telephone Number -5- • 3.0 to &0 SCHEDULE OF WORK ITEMS A.C. OVERLAY OF G ANADO ROAD, G ALANO WAY AND ORO PLACE Grab Tensile Strenght (1 -Inch Grip), 90 Min. Approximate Work Items With Unit Price Unit Price 40 Min. Designation: D 1117 Item Quantity (Written in Words) (In Figures) Total Amount 1 18,960 S.F. Cold Plane A.C. for the unit price of dollars per square foot. $ $ 2 619890 S.F. Furnish and install pavement reinforcing fabric for the unit price of dollars per sq. foot. $ $ 3 640 Ton Furnish and install asphalt concrete overlay for the unit price of dollars per ton. $ $ 4 25 Ton Furnish and install asphalt concrete patching for the unit price of dollars per ton. $ $ • 5 10 Ea. Adjust frame and cover to grade for the unit price of dollars per each. 6 L- S. Traffic control for the lump sum price of dollars. $ Total Bid Price (Enter here and on Page 3) Words Physical Property Requirement Weight, Ounces Per Square Yard - ASTM 3.0 to &0 Designation: D 1910 Grab Tensile Strenght (1 -Inch Grip), 90 Min. Pounds - ASTM Designation: D 1117 Elongation at Break, Percent - ASTM 40 Min. Designation: D 1117 Fabric Thickness, Mils - ASTM 12 to 100 40 Designation: D 461 Figures Proposed • r 1 LA 0 0 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER .AND SUBMITTED U ITH BID STATE OF CALIFORNIA County of and says that he is of ss. being first duly sworn deposes the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. DATED: SIGNATURE On this the day of , 19_ before me, the undersigned, a Notary Public in and for said State, personnally appeared personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. WITNESS my hand and official seal. • Notary Public in and for said State -7- • 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 following listed sub -contractors in making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only. 1. • 2. 3. 4. 5. 6. 7. 8. Item of Work Sub -Contractor Address Phone No. BIDDER'S NAME AUTHORIZED SIGNATURE M-2 0 0 • 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 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 follow ing 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. � here there is • a conflict in the words and the figures, the words shall govern. B, All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled 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. -lo- 0 0 • The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond, and the money represented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer 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 "\otice 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. Withdrawl of Bids • Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for 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. • 0 0 • 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 con- tract and bonds for the corporation is duly authorized to do so. Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the contract and a Faithful • Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract. Said bonds shall be secured from a surety company listed as acceptable on the list included in these specifications. Bonds must be submitted on the forms contained in these specifications. Time of Performance The work shall be commenced within fifteen (15) calendar days from the date of issuance of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of thirty (30) calendar days from the date specified in the Notice to Proceed has been set for completion of the work. The bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages. Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval of the awarding • authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. -12- 0 0 • Workmen and Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing • • wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids". Building Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. -13- 0 0 • CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 1985 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council pertaining to the work, insurance policies and certificates, and any supplemental written • agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of A.C. Overlay of Ganado Road, Galano Way and Oro Place in strict conformity with the Plans, Specifications and all other contract docu- ments, 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 (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 u 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 ani action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by City in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, • and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or -15- • any SUB -CONTRACTOR under him, shall pay not less than the foreqoing specified prevailing rates of wages to all workmen employed in the execution of the contract. • SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. The insurance policies shall bear an endorsement or shall hate 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- • permitted to work more than eight (8) hours in violation of the pro%isions .�t Article Three, Chapter One, Part Seven, Division 2, of [he Califorc,s Labor Code, except as permitted by law. IN WITNESS AHEREOF, this contract is executed by the duly au.hortzed agent(;) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN C.APISTRANO DATED: BY: MAYOR • ATTEST: Mary Ann Hanover, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney is BY: CONTRACTOR -17- 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. 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 E • IN WITNESS WHEREOF, the above -bounden parties have executed this instrument under their several seals this day of _ , 19_, the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) ATTEST (If Corporation) Corporate Seal ATTEST • Title • BY: Ti Title: -19- PRINCIPAL SURETY • 11 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 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. • E Executed this day of 19 at , California. APPROVED AS TO FORM PRINCIPAL (NOTARIZATION AND SEAL) SURETY (NOTARIZATION AND SEAL) -21- 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 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. • • APPROVED AS TO FORM By -23- PRINCIPAL SURETY 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 Atlantic Mutual Insurance Company -24- • Listing of Surety Companies, Continued Page Two Auto -Owners Insurance Company Balboa Insurance Company Bankers Multiple Line Insurance Company Boston Old Colony Insurance Company The Camden Fire Insurance Association Centennial Insurance Company Central Mutual Insurance Company The Central National Insurance Company of Omaha The Charter Oak Fire Insurance Company Cigna Insurance Company Commercial Insurance Company of Newark, New Jersey The Connecticut Indemnity Company Continental Casualty Company The Continental Insurance Company • Continental Reinsurance Corporation Dependable Insurance Company, Inc. Employers Mutual Casualty Company Employers Reinsurance Corporation Fairmont Insurance Company Farmers Alliance Mutual Insurance Company Federal Insurance Company Federated Mutual Insurance Company The Fidelity and Casualty Company of New York Fidelity and Deposit Company of Maryland Fireman's Fund Insurance Company Firemen's Insurance Company of Newark, New Jersey First National Insurance Company of America Foremost Insurance Company Fremont Indemnity Company General Accident Insurance Company of America General Insurance Company of America • General Reinsurance Corporation -25- • Listing of Surety Companies, Continued Page Three The Glens Falls Insurance Company Global Surety & Insurance Co. Globe Indemnity Company Grain Dealers Mutual Insurance Company Great American Insurance Company Greater New York Mutual Insurance Company Gulf Insurance Company The Hanover Insurance Company Harco National Insurance Company Harleysville Mutual Insurance Company Hartford Accident and Indemnity Company Hartford Casualty Insurance Company Hartford Fire Insurance Company The Hawaiian Insurance & Guaranty Company • Highlands Insurance Company Highlands Underwriters Insurance Company The Home Indemnity Company The Home Insurance Company Houston General Insurance Company INA Reinsurance Company ITT Lyndon Property Insurance Company Imperial Casualty and Indemnity Company Indemnity Insurance Company of America Industrial Indemnity Company Insurance Company of North America Insurance Company of the west Integrity Insurance Company International Insurance Company Iowa National Mutual Insurance Company John Deere Insurance Company Liberty Mutual Insurance Company • Lumbermens Mutual Casualty Company -26- 0 0 • 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 New Hampshire Insurance Company • New York Underwriters Insurance Company Newark Insurance Company North American Reinsurance Corporation The North River Insurance Company North Star Reinsurance Corporation Northbrook Property and Casualty Insurance Company Northwestern Pacific Indemnity Company The Ohio Casualty insurance Company Ohio Farmers Insurance Company Old Republic Insurance Company Pacific Employers Insurance Company Pacific Indemnity Company Peerless Insurance Company Pennsylvania Manufacturers' Association Insurance Company Phoenix Assurance Company of New York The Phoenix Insurance Company Progressive Casualty Insurance Company • Protective Insurance Company _27_ 0 • Listing of Surety Companies, Continued Page Five Prudential Reinsurance Company 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 0 SAFECO Insurance Company of America St. Paul Fire and Marine Insurance Company St. Paul Mercury Insurance Company Seaboard Surety Company Security Insurance Company Select Insurance Company • Skandia America Reinsurance Corporation South Carolina Insurance Company The Standard Fire Insurance Company State Farm Fire and Casualty Company Transamerica Insurance Company Transamerica Premier Insurance Company Transcontinental Insurance Company Transportation Insurance Company The Travelers Indemnity Company The Travelers Indemnity Company of America The Travelers Indemnity Company Trinity Universal Insurance Company Twin City Fire Insurance Company Unigard Security Insurance Company United Fire & Casualty Company United Pacific Insurance Company United States Fidelity and Guaranty Company • United States Fire Insurance Company _28_ • Listing of Surety Companies, Continued Page Six Universal Underwriters Insurance Company Utica Mutual Insurance Company Valley Forge Insurance Company Vigilant Insurance Company West American Insurance Company Weschester Fire Insurance Company The Western Casualty and Surety Company The Western Fire Insurance Company Western Surety Company Westfield Insurance Policy r1 L_J • -29- 0 E CITY OF SAN JUAN CAPISTRANO A.C. OVERLAY OF GANADO ROAD, GALANO WAY AND ORO PLACE • SPECIAL PROVISIONS WORK TO BE DONE The work to be done under this contract in general consists of the construction of a one and one half inch thick asphalt concrete overlay to Ganado Road, Galano Way and Oro Place in the City of San Juan Capistrano. The work will consist of cold planing approximately 19,000 square feet of existing asphalt concrete, laying approximately 16,980 square feet of pavement reinforcing fabric, laying approximately 640 tons of asphalt concrete overlay, minor patching, adjusting covers to grade, traffic control and other miscellaneous items. SECTION 1 - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1985 Edition, hereinafter referred to as the Standard Specifications. The Contractor shall maintain a copy of this book on the job -site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Contract Termination • "If at any time, in the opinion of the Public Works Director, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, appliances, and plant, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City Council may annul and cancel the contract and re -let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not • release the Contractor or the sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited with the amount of monies so SP -1 forfeited toward any excess of cost over and above the contract price, arising from • the suspension of the operation of the contract and the completion of the work by the City as provided above, and the Contractor will be credited with any surplus remaining after all just claims for such completion have been paid." Change 2: Section 8 - Facilities for Agency Personnel Delete this Section. SECTION 2 - TERMS DEFINED Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City departments or persons shall be intended: AGENCY shall mean City of San Juan Capistrano, whenever appropriate. BOARD shall mean the City Council of the City of San Juan Capistrano. ENGINEER shall mean City Engineer or other person(s) designated by same. SECTION 3 - FLOW AND ACCEPTANCE OF WATER Surface or other waters may be encountered at various times during construction. The Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of the Contractor to protect his work from danger due to any waters encountered. Should any damage to the work due to surface or other water occur prior • to acceptance of the work by the City, the Contractor shall repair such damage at his expense. SECTION 4 - WATER Water will be available from the Capistrano Valley Water District. Arrangements for temporary construction water services permit and water service may be made by contacting the Capistrano Valley Water District at 714/493-1515 one week prior to need for service. All water facility construction shall conform to the "Standard Specifications," Capistrano Valley Water District, and "The Uniform Plumbing Code," 1982 Edition. SECTION 5 - INSURANCE AND OVERHEAD COSTS The Contractor shall receive no direct compensation for insurance and overhead (move -in costs, for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. - PROTECTION OF EXISTING UTILITIES (UNDERGROUND 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. • The Contractor's attention is directed to the utility notification service provided by SP -2 0 0 UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the • Contractor with the locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the USA by calling 1-800-422-4133. Other utility phone numbers are noted on Sheet 1 of the plans. Full compensation for conforming to the requirements of this section shall be considered as included in the contract bid prices paid for the various items of work, and no additional compensation will be allowed therefor. SECTION 7 - PROTECTION OF PRIVATE PROPERTY The Contractor must remain within the construction zone to the best of his ability. The Contractor must protect all existing private property. SECTION 8 - CONSTRUCTION ZONE Contractor shall protect property and facilities adjacent to the construction zone, and all property and facilities within the construction zone which are shown on the plans to be protected. After completion of project, the construction zone shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of facilities are damaged, they shall be replaced with new materials equal to the original. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way or parking area during performance of the contract work, and Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. • The Contractor shall be responsible for investigating conditions of available public and private roads and of clearances, restrictions and other limitations affecting transportation and ingress and egress to the site of the work. SECTION 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 Cc,ntractor will be required to submit a complete schedule showing the number of working days required to complete each phase of the project. This schedule shall be approved by the City Engineer prior to the start of construction. SECTION 10 - NOTIFICATION The Contractor shall receive no direct compensation for notifying the public of the construction work. Accordingly, these costs should be prorated to the appropriate bid items. Prior to two weeks before beginning any work, the Contractor shall notify all residents, businesses and agencies by an approved written notice detailing streets and limits of work to be done, parking and access restrictions, and the day, date and the hours of work, which shall be between 8:00 a.m. and 4:00 p.m. • Prior to 72 hours before beginning any work, the Contractor shall again notify all SP -3 residents, businesses and agencies by an approved written notice, detailing streets and • limits of work to be done, parking and access restrictions and the day, date and hours of work, which shall be between 8:00 a.m. and 4:00 p.m. The Contractor shall also post all streets 36 hours in advance of work with temporary "No Parking - Tow Away" signs at 100 foot intervals. These signs shall also state the day of the week, hours of no parking, and Contractor's name. • SP -4 • CITY OF SAN JUAN CAPISTRANO A.C• OVERLAY OF GANADO ROAD, GALANO WAY AND ORO PLACE DETAIL SPECIFICATIONS AND METHOD OF PAYMENT BID ITEM I - COLD PLANE A.C. PAVEMENT The work will consist of cold -planing the pavement adjacent to the concrete gutter, cross gutter and join lines where shown on the plans and as directed by the Engineer. A strip of existing pavement five feet (59 minimum width along the gutter shall be planed by a continuous moving asphalt cold planer. This strip shall be tapered from one and one half inches deep at the gutter lip or join line to zero. The cold plane strips shall provide a key for the construction of asphalt concrete resurfacing and to create a smooth transition at the gutter or at pavement join lines. The surface of the pavement after planing shall be uniformly rough grooved or ridged. The grade shall not deviate from a suitable straight edge more than 3/8 -inch at any point. The machine used for cold planing shall have performed satisfactorily on similar work prior to this project and meet the following requirements: The planing machine used shall be suitable in all respects for use on local streets with a thin structural section such that no damage to the pavement is caused by the planing operation. Any damage so caused shall be repaired at the constractor's expense. The machine shall have a water spray at the cutting drain to minimize dust. The machine shall be capable of removing the material adjacent to the concrete gutter. During and after the planing operation the Contractor shall sweep the street with • mechanical equipment and remove all loosened material from planed area. The Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling with water and other means as necessary. PAYMENT Payment for cold planing shall be at the contract unit price bid per square foot which shall be full compensation for furnishing all labor, materials, equipment, cleaning and incidentals necessary to cold plane the areas shown on the plan and as directed by the Engineer and no additional compensation shall be made. BID ITEM 2 - PAVEMENT REINFORCING FABRIC Pavement Reinforcement Fabric shall conform to the State of California Department of Transportation Standard Specifications July 1984 Section 39-4.03 and Section 88 and these Special Provisions. Pavement Reinforcing Fabric - Pavement reinforcing fabric shall be placed on existing pavement to be surfaced or between layers of asphalt concrete when such work is shown on the plans, or specified in the special provisions, or ordered by the Engineer. Before placing the pavement reinforcing fabric, a binder of paving asphalt shall be applied to the surface to receive the pavement reinforcing fabric at an approximate rate of 0.25 gallon per square yard of surface covered. The exact rate will be determined by the Engineer. The binder shall be applied to a width equal to the width of the fabric mat plus 3 inches on each side. • DS -1 Before applying binder, all cracks in existing pavement shall be cleaned and blown out • and filled with liquid asphalt or other filler material approved by the Engineer. The fabric shall be stretched, aligned and placed with no wrinkles that lap. The test for lapping shall be made by gathering together the fabric or more, the fabric shall be cut to remove the wrinkle, then lapped in the direction of paving. Lap in excess of 2 inches shall be removed. Pavement reinforcing fabric shall not be placed in areas of conform tapers where the thickness of overlying asphalt concrete is 0.08 -foot or less. If manual laydown methods are used, the fabric shall be unrolled, stretched, aligned and placed in increments of approximately 30 feet. Adjacent borders of the fabric shall be lapped 2 to 4 inches. The preceding roll shall lap 2 to 4 inches over the following roll in the direction of paving at ends of roll or at any break. At fabric overlays, both the tack coat and the fabric shall overlap the previously placed fabric by the same amount. Seating of the fabric with rolling equipment after placing will be permitted. Turning of the paving machine and other vehicles shall be gradual and kept to a minimum to avoid damage. A small quantity of asphalt concrete, to be determined by the Engineer, may be spread over the fabric immediately in advance of placing asphalt concrete surfacing in order to prevent fabric from being picked up by construction equipment. • Public traffic shall not be allowed on the bare reinforcing fabric, except that public cross traffic shall be allowed to cross the fabric under traffic control, after the Contractor has placed a small quantity of asphalt concrete over the fabric. • Care shall be taken to avoid tracking binder material onto the pavement reinforcing fabric or distorting the fabric during seating of the fabric with rolling equipment. If necessary, exposed binder material shall be covered lightly with sand. Section 88-1.01 Description - Engineering fabrics consisting of pavement reinforcing fabric and filter fabric shall conform to the requirements in this Section 88. " Engineering Fabrics." Engineering fabrics shall be placed in accordance with the various sections of these specifications requiring the use of an engineering fabric or as specified in the special provisions. A Certificate of Compliance for each kind of engineering fabric used on the project shall be furnished to the Engineer in accordance with the provisions in Section 6-1.07, "Certificates of Compliance." Engineering fabrics shall be furnished to the Engineer in protective covers capable of protecting the fabric from ultraviolet rays, abrasion and water. Section 88-1.02 - Pavement Reinforcing Fabric - Pavement reinforcing fabric shall be manufactured from polyester, polypropylene, or polypropylene -nylon material. The fabric shall be nonwoven, and shall conform to the following: DS -2 • Weight, ounces per square yard ASTM Designation: D 1910 3.0 to 8.0 Grab tensile strength (1 -inch grip), pounds, min. ASTM Designation: D I I l7 90 Elongation at break, percent, min. ASTM Designation: D 1117 40 Fabric thickness, mils. ASTM Designation: D 461 12 to 100 PAYMENT 40 Pavement Reinforcing fabric will be measured by the square foot by dimensional limits shown on the plans or staked in the field. There shall be no allowance for overlaps in the measurement. Unless otherwise specified, payment shall be made by the unit price per square foot, which shall include full compensation for testing, furnishing, delivering, and placing pavement reinforcing fabric complete in place. The cost shall include all labor, equipment and tools required to complete the work. BID ITEM 3 - ASPHALT CONCRETE OVERLAY This bid item shall include the furnishing and placing of asphalt concrete overlay as indicated on the plans and in the specifications. The workmanship and materials necessary to complete the work as required shall conform to Section 302-5 of the Standard Specifications and Orange County Standard Plan 805. PAYMENT The unit price bid per ton for asphalt concrete overlay shall include all labor, material, tools, and equipment necessary to construct the asphalt concrete overlay, and no additional compensation shall be made. BID ITEM 4 - ASPHALT CONCRETE PATCHING This bid item shall include the patching of areas of roadway prior to the laying of the pavement reinforcing fabric and asphalt concrete overlay. Areas to be patched will be as shown on the plans or identified in the field. Pavement shall be removed to clean straight lines and saw cutting of edges is required. The surface of existing paving is to be removed to sufficient depth to allow a 4" thickness of new asphalt to be placed with its top surface flush with the adjacent pavement. The workmanship and materials necessary to complete the work required shall conform to Section 302-5 of the Standard Specification and Orange County Standard Plan 805 PAYMENT The unit price per ton for asphalt concrete patching shall include all labor, materials, tools and equipment necessary to excavate for and construct the asphalt concrete patching and no additional compensation shall be made. DS -3 BID ITEM 5 - ADJUSTMENT OF MANHOLE FRAMES AND COVER SETS TO GRADE • The work for this bid item shall include setting all existing water sewer, storm drain, and utility manhole frames and cover sets to grade within the area to be surfaced. PAYMENT The unit price bid per each for adjusting manhole frames and cover sets to grade shall include all labor, materials, tools, and equipment, and no additional compensation shall be made. BID ITEM 6 - TRAFFIC CONTROL The Contractor shall provide and maintain traffic control devices during the construction of the project. In addition to those provisions of Section 7-10 of the Standard Specifications for Public Works Construction (Green Book) dealing with Public Convenience and Safety, the following requirements are included as contract specifications. All warning and regulatory signs, lights and devices used for the protection of the public on the project shall conform to those described in the current issue of the State of California Manual of Warning Signs, Lights and Devices for use in Performing Work Upon Highways as required by Section 21400 of the California Vehicle Code. Guidelines for the use and placement of these traffic control devices shall conform to applicable layouts described in the State Manual and in the latest edition of the Work • Area Traffic Control Handbook (WATCH) published by building News Inc. All traffic control patterns shall be subject to approval of the engineer and shall include single lane working wherever possible. PAYMENT The lump sum bid for traffic control shall include all work as specified for the duration of the project and shall include all labor, materials, tools, and equipment and no additional compensation shall be made. • DS -4 0 0 nor% fct%T cl 9: N.T.S. VICINITY MAP SHEET 1 OF 2 `CfTY OF SAN JUAN CAPISTRANOI GANADO ROAD. GALANA WAY & ORO PLACE I 0 • N N.T.S. CONSTRUCTION NOTES - (D -CONSTRUCT 1.1/2"A.C.OVER PAVEMENT REINFORCING FABRIC. o -ADJUST EXISTING COVERS AND FRAMES TO NEW GRADE. @l -COLD PLANE 0-1-1/2" THICK, S FEET WIDE ADJACENT TO GUTTERS AND CROSS GUTTERS. o- STRIPING BY OTHERS. • I SHEET 2 OF 2 I CITY OF SAN JUAN CAPISTRANO IA.C. OVERLAY -TRACT 2706 GAN DOORO9PLACE GALANA WAY $ I