Loading...
1990-0501_SULLY MILLER CONTRACTING_ContractRECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto EXEMPT San Juan Capistrano, CA 92675 C14 RE;:OADED 113 OFFICIAL 4MO50'' -6f f F ORANGE COUNTY, CAUFOnNIA 'P00 M. MM JUL 111990 a° a +Q+*r.+�RECORDER RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 George ScArbOrough, Acting Cit cle City of San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contact 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: CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION 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 3rd day of July, 1990, by Resolution No. 90-7-3-2 That upon said contract, the Seaboard Surety Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 9th day of 1990. George Staitorough, Acti g, City Clerl City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, GEORGE SCARBOROUGH, the duly appointed and qualified Acting City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano, California, this 9th day of 1990. George Ser orough, ActingCity erk City of San Juan Capistrano 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 SULLY MILLER CONTRACTING CO., 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, 1988 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 Connemara Drive and Glenariff Lane Rehabilitation in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual -14- amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay City such sum as the Court may judge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by City in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or -15- any SUB -CONTRACTOR under him, shall pay not less than the 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. Insurance certificates shall be for a minimum period of one year. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this construction agreement. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB- CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article -16- 0 Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. DATED: 5/1/90 ATTEST: APPROVEJO AS TO FORM: 4 4 X 4-'w— John Shaw, ' y Attorney CITY OF SAN JUAN CAPISTRANO BY:UK INC. J. BLAIR ASSISTANT SECRETARY -17- 0 July 13, 1990 Sully -Miller Contracting Company 6145 Santiago Canyon Road Orange, CA 92660 Re: Completion of Connemara Drive/Glenariff Lane Rehabilitation Gentlemen: MEMELR9 OF THE CITY COUNCIL AMTMONY L. ELAND LAWRENCE P. MUCHN91M KENNETH E. PRIEGG GARY L. HAUSDORPER PHILLIP R. ECHWARTZE CITY MANAGER ETE►MEN E JULIAN The City Council of the City of San Juan Capistrano at its regular meeting held July 3, 1990, adopted Resolution No. 90-7-3-2 accepting the work completed for the rehabilitation of Connemara Drive and Glenariff Lane, in the amount of $22,715.10. A copy of Resolution No. 90-7-3-2 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 July 11, 1990; therefore, the final payment, in the amount of $2,271.51, may be released on August 15, 1990. Thank you for your cooperation. Very truly yours, Cheryl Jo song Deputy City Clerk Enclosure cc: Director of Public Works Director of Administrative Services Accounts Payable 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499.1171 • RESOLUTION NO. 90-7-3-1. COMPLETION OF SLURRY SEAL OF CITY STREETS 1990 (IPS SERVICES) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE SLURRY SEAL OF CITY STREETS, 1990 (IPS SERVICES) The Resolution accepted the work as complete in the amount of $33,418.36 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $3,341.84 thirty-five (35) days after recording the Notice of Comple- tion. CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION - RESOLU- TION NOTICE OF COMPLETION AND FINAL REPORT (SULLY -MILLER) (600.30) As set forth in the Report dated July 3, 1989, from the City Engineer, the construction of Connemara Drive and Glenariff Lane rehabilitation was completed. The project entailed the reconstruction of curbs and gutters in front of 27091, 27081, and 27071 Glenariff Lane and 33741, 33751, and 33761 Connemara Drive where standing water had become a problem. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 90-7-3-2. COMPLETION OF CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION (SULLY MILLER CONTRACTING) - 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 REHABILITATION OF CONNEMARA DRIVE AND GLENARIFF LANE (SULLY MILLER CONTRACTING) The Resolution accepted the work as complete in the amount of $22,715.10 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $2,271.51 thirty-five (35) days after recording the Notice of Completion. -3- 7/3/90 AGENDAITEM TO: FROM: SUBJECT: SITUATION 0 0 July 3, 1990 Stephen B. Julian, City Manager Theodore G. Simon, City Engineer Connemara Drive and Glenariff Lane Rehabilitation - Resolution, Notice of Completion and Final Report (Sully -Miller) The construction of Connemara Drive and Glenariff Lane Rehabilitation 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. The project has reconstructed curb and gutter in front of 27091, 27081, and 27071 Glenariff Lane and 33741, 33751, and 33761 Connemara Drive, where standing water had become a problem. NOTIFICATION Residents Sully -Miller COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS The Contract was awarded to Sully Miller Contracting for $20,022.50 and was completed for $22,715.10 due to minor increases in quantities. ALTERNATE ACTIONS 1. Accept the improvements. 2. Do not accept the improvements. 3. Refer to Staff for additional information. FOR CITY COUNCIL AGE 0 RECOMMENDATION 0 By resolution, determine that the work for Connemara Drive and Glenariff Lane Rehabilitation 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 $2,271.51 thirty five (35) days after the recordation of the Notice of Completion. Respectfully submitted, Theodore G. Simon TGS/BP:ssg RESOLUTION NO. 90-7-3-2 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 REHABILITATION OF CONNEMARA DRIVE AND GLENARIFF LANE (SULLY MILLER CONTRACTING) WHEREAS, on the lst day of May, 1990, the City of San Juan Capistrano entered into a contract with Sully Miller Contracting Company for the Rehabilitation of Connemara Drive and GlenarifI Lane; and, WHEREAS, the City Engineer 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 f. 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 $22,715.10..' 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 3rd of July ,1990. ATTEST: CITY CLEKK ARY L HAUSDORFE , MAYO -l- day STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, GEORGE SCARBOROUGH, Acting 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. 90-7-3-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day of July , 1990, by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland and Mayor Hausdorfer NOES: ABSENT: (SEAL) GEORGE SCARBOROUGH, ACTING CITY CLErcpy -2- J ffe. 30 r1 u RECFIVFD I1'L, /(� MEMBERS �� OF THE CITY COUNCIL ,JUN ' 1 37 PM 1LXW RENCE FB BUCHHEIM KENNETH E. FRIESS 2;Ti 1I FRy GARY L. HAUSDORFER DEPARTMeHI PHILLIP R. SCHWARTZE t; JT � ITY MANAGER ao%+A P I iCi STEPHEN B JULIAN NOTICE TO PROCEED TO: Sully -Miller 6145 Santiago Canyon Road Orang¢, California 92669 a ,project: Connemara Drive & Glenariff Lane Rehabilitation M Amount of Contract: $20,022.50 s - You are here notified to commence work on the referenced contract on or before May 29, 1990, and to fully complete all of the work of said contract within 45 consecutive calendar days thereafter. Your completion date is July 13, 1990. The contract provides for an assessment of the sum of $100.00 as liquidated damages for each consecutive calendar day after July 13, 1990 that the work remains incomplete. Dated this 29th day of May, 1990. cAl i &Pu�� George Scarborough Acting City Clerk ACCEPTANCE OF NOTICE Receipt o by foregoing Notice this to Proceed day is hereby acknowledged 1990. of , 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 0 May 4, 1990, 0 - Sully -Miller &o-ntracting 6145 Santiago anyon Road Orange, California 92669 Javan ImtonrolAUA FSIAI11fM10 1961 1776 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. SUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Re: Award od-ontract - Connemara Drive and Glenariff Lane Rehabilitation Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held May 1, 1990, awarded the contract for the rehabilitation of Connemara Drive and Glenariff Lane to your company at $20,022.50. Enclosed is a fully executed copy of the Agreement for your records. The City has received all bonds and insurance. You are required to 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,}` Cheryl Johnson Deputy City Clerk Enclosure cc: Director of Public Works (with copy of contract) Director of Administrative Services Receipt of the foregoing Notice of Award is hereby acknowledged: By_ ``U J.,i'. Blair, Assistant Secretary This 8th day of May 1990. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 498-1171 5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40) The Report dated May 1, 1990, from the Secreta of the Equestrian Commission, regarding actions taken a he meeting of April 9, 1990, was ordered received and fi d. 6. T OF PARKS AND RECREATION CO SIO CT ONS 920.20 The Report dated May 1, 1990, from th ecretary of the Parks and Recreation Commission, regard' g actions taken at the meeting of April 16, 1990, was o 14eyed received and filed. 7. The Report dated May 1, 90, from the Director of Community Planning and Developt, regarding actions taken at the meetings of April 19 and 24, 1990, was ordered received and filed. 8. C - SLURRY SEAL OF CITY STREETS 1990 (IPS SERVICES, INZ') (600.3 As set orth in the Report dated May 1, 1990, from the Direct of Public Works, the contract for the Slurry Seal of C' y Streets, 1990, was awarded to IPS Services, Inc. in th amount of $34,988.36. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. • 00 As set forth in the Report dated May 1, 1990, from the Director of Public Works, the contract for the Rehabilitation of Connemara Drive and Glenariff Lane was awarded to Sully - Miller Contracting in the amount of $20,022.50. The rehabilitation includes the reconstruction of curbs and gutters in front of 27091, 27081, and 27071 Glenariff Lane and 33741, 33751, and 33761 Connemara Drive. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 10. AWARD OF CONTRACT - As set forth in the R.9peft dated May 1, 1990, from the Director of Public W s, the contracts for the purchase of four new City tr s were awarded as follows: (1) To erson Chevrolet in the amount of $13,591.43 for mid-size four-wheel pickup truck; -4- 5/1/90 AGENDA ITEM May 1, 1990 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Connemara Drive and Glenariff Lane Rehabilitation (Sully -Miller) Award of Contract SITUATION Bids were opened April 2, 1990 for Connemara Drive and Glenariff Lane Rehabilitation. The bids are valid until May 17, 1990, a period of 45 days from the opening date. Bids were received as follows: Sully -Miller Contracting $20,022.50 Jerry Goss Paving Co. $24,092.00 KWB Construction, Inc. $25,360.00 Staff is recommending award of contract to the low responsible bidder, Sully -Miller Contracting. The project will reconstruct curb and gutter in front of 27091, 27081 and 27071 Glenariff Lane and 33741, 33751 and 33761 Connemara Drive where standing water has become a problem. The project will also require some driveway apron and street reconstruction to accomodate the curb and gutter reconstruction. NOTIFICATION Residents Sully -Miller Contracting Jerry Goss Paving Co. KWB Construction, Inc. COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is $27,000. Eighty Five Thousand Dollars ($85,000) has been budgeted in Account No. 12-6900-4705-116 this year and sufficient funds are available for the construction of the project at the bid price of $20,022.50. ALTERNATE ACTIONS 1. Award the contract for Connemara Drive Rehabilitation to the low responsible bidder Sully -Miller Contracting. 2. Do not award the contract. 3. Request further information from staff. FOR CITY COUNCIL AGEND �� AGENDA ITEM • • May 1, 1990 Page 2 RECOMMENDATION By motion, award the contract for Connemara Rehabiliation to the low responsible bidder Sully -Miller Contracting in the amount of $20,022.50 and reject all other bids. Authorize the Mayor and City Clerk to execute the documents on behalf of the City. Respectfully submitted, U 1\ dv� I W. D. Mur I WDM/BP:lc 0 • PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: *OND NO: 209231-90 PREMIUM: $146.00 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 Twenty Thousand Two Hundred Twenty -Two and 50/100 ($20,222.50) 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): Connemara Drive and Glennarff Lane Rehabilitation, 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- L 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 12th day of April '19 90 , at Long Beach , California. APPROVED AS TO FORM PRINCIPAL SULLY -MILLER CONTRACTING COMPANY B� e Robert E. Holland, Vice President (NOTARIZATION AND SEAL) SURETY SEABOARD S RETY COMPANY Irene Lau, Attorney -in -Fact (NOTARIZATION AND SEAL) -21- STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES OFFICIAL SEAL ALARA L. ZIMMERMAN 4. WTAIT PURIC-CALIFOAF 4 LOS ANGELS COUNTr A MWEXP. DEC. YS, 1880 ACKNOWLEDGMENT—Corporation—Wolcotls Fon 222CA-x—Rev 582 V982 WOLCOTTS, INC. (price cluea 2) On this 12th day of April , in the year 19 90 , before me, the undersigned, a Notary Public in and for said State, personally appeared Robert E. Holland, Vice President------------------- -------- --------------- -- personally known to me 1PRYtOPXQAAIGWR>LhWd7610AA6C9BA7d71pp7CYCliVtdCltOe) 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 eat. Notary Pu n and for said State. CALIFORNIA ACKNON1'LF.DGF.MF.NT BY SURETI STATL OF CALIFORNIA COUNTSOf ORANGE On thi, April 12, 1990 , before me Kathy R. Mair per,onalh appeared Irene Lau PCnonallc ktlo%PII to me (or pro\ed to me on the ba,i, of ,atislaclorn e%idcnce) to be the per,on \Oho executed the r\ithin insininteni a, atiorne\-in-tact of SEABOARD SURETY COMPANY and achno%%ledecd tome that the coipormion e\ccutcd it. a Am 0:11111MNOry � ORI�NOECg1N7YC'C m Ev. MMY M'� ow �lllJl\ I�IIt�II� 0 0 0 BOND NO: 209231-90 Premium included in the 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 Connemara Drive and Glennarff Lane Rehabilitation ;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 Twenty Thousand Two Hundred Twenty -Two and 50/100 ------ DOLLARS ($ 22,222.59, lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount • spscified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -22- 0 0 IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by • the Principal and surety herein named on the 12th day of A=1 19 90 . 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. 0 10 APPROVED AS TO FORM SULLY -MILLER CONTRACTING COMPANY PRINCIPALRI BY l�L4Gu"a t i Robert E. Holland, Vice President SEABOARDS ETY COMPANY SURET By L N Irene Lau, Attorney -in -Fact -23- STATE OF CALIFORNIA II lss. COUNTY OF LOS ANGELES )) i• OFFICIAL REAL ANITA L ZIMMERMAN i �OTARYPUILiC•CAUFORNIA LOt ANSELCB COUNTY T N EXP. DEC.Ak logo ACKNOWLEDGMENT—Corporation—Wolcoes Form 222CA-%—Rev. 5-82 01982 WOLCOTTS. INC, (price clus 8 2) STATE OF C:AI_It-ORNIA On this 12th day of Apri 1 , in the year 192L, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert E. Holland, Vice President ------------------ personally known to me (1CXptWAPt KDte(PaXttR10ASiWCO(X46h tgvixxWome) 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 at Notary Pu In and for said State. CALIFORNIA ACKtiOR'LEDGF.ME�' f Hl' Sl'RF:TI COL NTVOh ORANGE i NN On this April 12, 1990 before me Kathy R. Mair personally appeared Irene Lau , personclik LnoKsn to Ina (or prosCd to me on the hasis of satislacton csidence) to be file person Ksho a�ecwed tho �Kifhin instrument ❑s it 101 of SEABOARD SURETY COMPANY and aelnoK\ Icdecd to mC that the corporation Csecuted it. OFFICIAL SEAL KATHY R MAIR Notary Puwlcocalifwnla ORANGE COUNTY 22 (0*Ccm.Ex:p.M@y ,1998 _ ��UIJI. (�llniLL cutwezGammtteeafMeBoard oi ` or3n 3seisrs:.t i*sFmsefl. �� - of s B rllsie �Jl �aCtln¢ l;:wi—{tt30ce ef�est Hs ff aHc-i� 3e_ � ic€0C 0 d beer? vanitalty * 61t wW artd made. -h€[ebp iE - jj .{ I'171iC3CC iifF� _ iSyE Yi UP3tSt ifl ' I&f 8t1 8�13(>#�( �fiF r'Sf aeaf- Mfte Compatly to these presents this ,-. _... -- -.. _� B I D O P E N I N G R E P O R T Bids opened April 2, 1990 at 2:30 p.m. am/pm Project Title Connemara Drive and Glenariff Lane Rehabilitation Sully -Miller Contracting 7-o Project Engineer Brian Perry Pre -Bid Estimate $27,000.00 Bid Bid Bidder: Amount Bond 1. Jerry Cross Paving Z�1 Cj 2. KWB Construction, Inc, 3. Sully -Miller Contracting 7-o 4. 5. 6. 7. 8. 9. 10. cc: City Clerk's Staff (3) Public Works (3) City Manager (1) Signed Dated The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. 0 I 1 ; M N W O 1 1 » » I 1 1 I _ I h • ? O r•. O » 1 » » N I CJ 1 I » 1 1 r .-. :v r•. .-. In • N I » +rr N N N O -• N O U 6 [L) c ['y Y -J a W N _• u'! N N Ln LD Y � u J rn Y7 Y'J N - R N N aw N N N C O Ifl Y1 O ; M N W O 1 » 1 _ I h �• O r�P Ifi O N I I 1(J Yx C N M 1 -O 1 M I N a o c o o a 1 i O O a O a I G O (Sl cl O O_ N H N I 0 0 • BID PROPOSAL For the: CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION 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, 1988 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: • 1� 7`idvrS&nd �WeM6Arlo QWW-SC7100 $7-010ZZ• 5fl Word Figures .I L Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifica- tions or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of forty-five (45) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. -3- 0 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 on the forms from pages 18 & (Insert 9 o e s. " cash", cashier's Rec , certsiPiie check or bioc}We s and 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 M PANY Licensed in accordance with an act providing for the registration of contractors -- License No. 001538A -4- Signature9f Bidder: JJ. BLAIR JIJ. SECRETARY DECLARATION OF BIDDER PURSUANT TO CALIFORNIA BUSINESS AND PROFESSIONS CODE SEC 7028.15 I, the undersigned officer of Sully -Miller Contracting Company, hereby declare as follows: 1.) That the California State Contractors License Number of Sully -Miller Contracting Company is 001538. 2.) That the expiration date of said license is February 29, 1992. I hereby further declare under penalty of perjury under the laws of the State Of California that the foregoing information and the other representations contained in this bid are true and correct. Executed on April 2 , 19 90 at Long Beach, California. SULLY -MILLER CONTRACTING COMPANY 61 By: I�VD. BIAIR Title: ASSISTAW SECRETARY • 11 • (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.) PLEASE SEE ATPAC= S= Dated: April 2, 1990 6145 Santiago Canyon Road, Change CA 92669 Business Address Dated: April 2, 1990 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: April 2, 1990 • • -5- S4Kature of Bidder ` J.D. R, ASSISTANT SECRETARY 714) 639-1400 Telephone Number 0 0 LIST OF PRINCIPALS OR OFFICERS OF CORPORATION PRESIDENT VICE PRESIDENT/GENERAL MANAGER VICE PRESIDENT ASSISTANT SECRE'LAM A Mem her of the Beazer Group SULLY -MILLER CONTRACTING CO. William T. Lightcap Robert E. Holland Earl G. Anderson, Jr. Richard Delle Royce Nbntganexy Randy Leslie John Clanente Dale O. Durham George Lubanko J.D. Blair Dale A. Lowe FAX 714 S38 8053 6145 FANTIAGO CANNON ROAD ORANGE, CA 92069 l itre.., 1538 A E • 11 Total Bid Price (Enter here and on Page 3) $ 20, 0 22 . Sa Figures SCHEDULE OF WORK ITEMS CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amount 1 259 LF Remove and replace existing curb and gutter for the unit price of Aeon jjoo dollars per lineal foo . $ 3 , au $ 583. OD 2 500 SF Remove and replace existing concrete driveway approach fqr the mt 1fQgp{M price of pytd 5V 0d dollars per square foot. D a 3 1295 SF Remove existing street section for the unit price of /)y(p_ a4l %1100 dollars per square feet. $J, ZU $ /$54,Db 4 45 Ton Class II Aggreg to as or the unit rice of °OOo do ars per ton. $ 43. D i7 $ J9 3 s. 00 5 23 Ton Asphalt con rete for he u i price of 700 dollars per ton. _ $ -/ 3, 50 $ DO 6 LS Traffic control fojj,, the lump sum price of _aYt(. ({7,rvtSano� dollars. ,J 1, $ 0 00 Total Bid Price (Enter here and on Page 3) $ 20, 0 22 . Sa Figures • 0 0 DESIGNATION OF SUB -CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the following listed sub -contractors in making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub -Contractor Address Phone No. 1 . , t /1 2. 0 3. 4 5. 6. 7 8. 0 SULLY -MILLER CONTRACTING COMPANY BIDDER'S NAME AU ORIZED SIGNATURE J - D. BLAIR, ASSISTANT SECRETARY • •BOND NO PREMIUM • BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, 766046 (16265) INCLUDED IN BBSU SULLY -MILLER CONTRACTING COMPANY as PRINCIPAL, and SEABOARD SURETY COMPANY as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called Ten Percent of the Total Amunt City, in the sum of $ of Bid in Dollars , for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated April 2 , 19 90 , for the construction of Connemara Drive and Glenariff Lane Rehabilization 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 (13) 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 C, J 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- . a 0 IN WITNESS WHEREOF, the above -bounden parties have executed this • instrument under their several seals this 2nd day of April 19 90 , 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. E Two Witnesses (If Individual) ATTEST (If Corporation) Corporate Seal AiTES1f By; ` �. SULLY -MILLER CONTRACTING COMPANY PRINCIPAL Title: Robert E. Holland, Vice President SEABOARD StRETY COM ANY RE TY BY: i Title: Irene Lau, Attorney -in -Fact Title George M. Lubanko, Assistant Secretary -19- STATE OF CALIFORNIA COUNTY of LOS ANGELES ��� S.F't41 FI FL s� Ails-� :MAN ACKNOWLEDGMENT—Corp —Pres. B Sec.—Wolcolts Form 222CA—Rev 11 83 01989 WOLCOTTS, INC tpr%, class 9 2) On this 2nd day of in the year 19-9O' , Ii etre me, e tl r ne , a Notary Public in and for said State, personally appeared o'�ert wo�l�3nc� --------- On ------ --------------------------and George M. Lubanko ------ -------------------------------------- , personally known to me {okl(�AtDQMlh14�KaQ16k>��($C8741XsM�ElG1St�GDdXiFgS) to be the persons who executed the within instrument as Yice President and ASSiStdnt Secretary, respectively, of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and i CALIFORNIA ACKNOWLEDGEMENTBYSURETY STATE OF CALIFORNIA COUNTY OF ORANGE ss. On this April 2, 1990 , before me Ka appeared Irene Lau R. Mair personally pers riallp kno%%n to me for prosed to nre on the basis of satisfactory es idence) io be the person who executed the within instrument an attorne._ -in-fact of Seaboard Surety Company and ac1snowJcd1pcd to nu that the corporation executed it. SEAL R.:�ICIAL KFA1HYRIVIAIR Wh1loCetlforrdaNGE COUNTY E p Mtry 2Z IM NO[L. I Public aNts Whicft*�neA ad€1pfed by jh Hord �im of the said 14"60441149 4 1"98zsi iAreu� fui( form and i:.�fhe��faa+s of Silf3[f�-LATtya£�mael=e�#iTY �aUedaei€ A��ss�`,e�s i�=a€ �eret� i§iii Yi[5© — U4 Ttrat the vsent3 inf ats &n aref ✓ a ih o7 8n ��a Seaf lmy 4n - Bt3he�trek`1�as4�F�a@py-��3u2t#�tseBL ene�fL1�4�'�Fi?3 L�'eSiSTeaE.Br���__�"" �.. leAll��i7�$�'G-G43fr i.�#€t�$y-_ ;mo i # Of, f ham �-set- Etar�and �fP+xe��ise ,8 � il�#hg�cu 1p3s3� fa these pre�nfs this _-f For verification of the authenticity of this Power of Attorney you may call, collect, 201-658-3500 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above named individual(s) and details of the bond to which the power is attached. In New York, Dial 212-627-5444. 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: March 15, 22, 1990 I declare under penalty of perjury that the foregoing is lure and correct. Executed at Mission Viejo, Orange County California,this ...22nd. dayof March 19 90 ............. ........... ........ Signature Capistrano Valley News 23811 Via Fabricante P.O. Box 3629 Mission Viejo, Calif, 92690 0 This space is for the County Clerk's Filing Stamp RECEIVFD MnR 29 it 38 �4 T CITY'„LERN DEPARTMENT CITY 01 SAN JUAN CAPISTRAN0 Proof of Publication of YOTIPE. IMTING, BIDS ........................... CONNEMARA DRIVE AND GLENARIFF LAND REHABILITATION BY 07 Cepitr edD ;ohnemeea Delve ,ad wtMMdd"ofApril DA.Y.ou U*=hd" o:,r j" nt of tem old NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Bea Gougeon, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: PROOF OF PUBLICATION: 1400 DATE: MARCH 8, 1990 Date of Bid Opening Date (s) notice published Date affidavit received Date notice posted in designated posting places (3) THURSDAY, MARCH 15, 1990 THURSDAY, MARCH 22, 1990 NOTICE INVITING BIDS - CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 - 04/02/90 -03/15/90 -03/22/90 - 3/29/90 dirna- - 03/15/90 NOTICE INVITING BIDS CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Connemara Drive and Glenariff Lane Rehabilitation until 2:30 P.M. on the 2nd day of April 1990. A pre-bid conference is scheduled at 10:30 A.M. on the 26th day of March 1990, at the City offices to assist contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at the non-refundable charge of $10.00, plus a charge of $5.00 for each set of Plans and Specifications mailed. Dated: March 8, 1990 Opt M6RY ANN H N VER, CITY CLERK (/ CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA 0 • PRESS RELEASE CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:30 p.m., on the 2nd day of April 1990, receive sealed proposals or bids for the Connemara Drive and Glenariff Lane Rehabilitation in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1988 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 10:30 a.m, on the 26th day of March 1990, at the City offices. The contractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not dis- seminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one -hundred percent (100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the surety list provided herein. -1- The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of forty-five (45) calendar days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of plans and specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and 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:. �� ���sf p CITY CLQ CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- r7 6. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated March 6, 1990, from the Director of Community Planning and Development, regarding actions taken at the meeting of February 27, 1990, was ordered received and filed. •T S L�•j�I•%�>t�'.!1!1!2{ � Y�V S:IVI Si���1��S�s�,{ • • ; � The Report dated March 6, 1990, from the Director of Community Planning and Development, regarding actions taken at the joint worksession of February 22, 1990, was ordered received and filed. As set forth in the Report dated March 6, 1989, from the Director of Public Works, the plans and specifications were approved for the slurry seal of City Streets for 1990, with a project estimate in the amount of $39,000. Staff was authorized to call for bids and allocate $26,000 from the 1990-91 Preventative Street Maintenance Account to complete the funding of this project. •• , • ; • • y • 1 • 1 As set forth in the Report dated March 6, 1989, from the Director of Public Works, the plans and specifications were approved for the rehabilitation of Connemara Drive and Glenariff Lane to reconstruct curbs and gutters, as well as some driveway apron and street reconstruction. Staff was authorized to call for bids. As set forth in the Report dated March 6, 1989, from the Director of Public Works, the contract for the abatement of weeds and refuse, in accordance with Ordinance No. 348, was accepted as complete and was awarded to Stewart Ranch in the amount of $14,036.85. The program will commence in May and will be completed by June 1990. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. -4- 3/6/90 AGENDA ITEM TO: FROM: SUBJECT: SITZ IATION 0 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works March 6, 1990 Plans and Specifications and Authorization to Receive Bids - Connemara Drive and Glenariff Lane Rehabilition Staff is requesting approval of plans and specifications and authorization to receive bids for Connemara Drive and Glenariff Lane Rehabilition. The project will reconstruct curb and gutter in front of 27091, 27081 and 27071 Glenariff Lane and 33741, 33751 and 33761 Connemara Drive where standing water has become a problem. The project will also require some driveway apron and street reconstruction to accommodate the curb and gutter reconstruction. NOTIFICATION All residents. COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is $27,000. Eighty -Five Thousand Dollars ($85,000) has been budgeted in Account No. 12-6900-4705-116 this year and sufficient funds are available for the construction of the project. ALTERNATE ACTIONS 1. Approve the plans and specifications for Connemara Drive and Glenariff Lane Rehabilition 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 Connemara Drive and Glenariff Lane Rehabilition and authorize Staff to receive bids. Respectfully submitted, FOR CITY COUNCIL AGENY! \1 Y ORIGINAL CONTRACTOR or Reputed Contractor, if any Sully-Billert ractitg Co. P.0.11M 432 Qratlag*v CA2-666 NOTICE TO PROPERTY OWNER If bills are not paid In full for the labor, services, equip- ment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so Improved may be placed against the property even though you have paid your contractor In full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which Is appropriate under Ms circumstances. Dated: 6-6- Cr'` Clerk signature (tide) — Telephone Number This form (No. 594 Revised 1/80)* Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 251-1100 CALIFORNIA PRELIMINARY 2541701 IOTICE IN ACCO CE WITH SECTION 3097 AND 3098, CALI IA CIVIL CODE • THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT... Lyman's Ready Mixed Concrete (name of person or firm furnishing labor, services, ment material) CONSTRUCTION LENDER LENDER or 1166Rincon Court Reputed Construction Len�r, If"any'- (address of person or fine furnishing labor, services, q / San Clemente, CA 92672 q / y.. equipment or material gone Rep" ort gid Cb has furnished or will furnish labor, services, equipment or materials of the following general description: +r� Concrete (general description of the labor, services, equipment or materiel fumished or to be furnished) for the building, structure or other work of improvement i CZ/'s located at: Cona�(a11na f — ---FOLD HERE-- '(atldre95'nr�esClTtSfroTi'SPpb^slta— San Juan Caaistrano, CA sufficient for identification) The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: Sully -Miller Contracting Co- o(name and address of person or firm) (name O P-O-Rnx 432 OWNER or PUBLIC AGENCY W or Reputed Owner (on public work) Orange, ('A 99666 — (on private work) An estimate of the total price of the labor, services, Nequipment or materials furnished or to be furnished is: ) $ iF�kr" I +Ffsi E City of San Juan Capistrano (Dollar amount must be furnished to construction lender 32400 Paseo Adelanto — optional as to owner or contractor) R San Juan Capistrano, CA 92675 Trust Funds to which Supplemental Fringe Benefits ara Payable. (Material men not required to furnish) L J (name) (address) CConstruction ban no (it known) (name) (address) O FOLD HERE (name) (address) P r (name) (address) Y ORIGINAL CONTRACTOR or Reputed Contractor, if any Sully-Billert ractitg Co. P.0.11M 432 Qratlag*v CA2-666 NOTICE TO PROPERTY OWNER If bills are not paid In full for the labor, services, equip- ment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so Improved may be placed against the property even though you have paid your contractor In full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which Is appropriate under Ms circumstances. Dated: 6-6- Cr'` Clerk signature (tide) — Telephone Number This form (No. 594 Revised 1/80)* Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 251-1100 • MEMORANDUM own X1410 A NI PIFO ESIRRIllm 1961 VVV 1776 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN TO: Interested Persons FROM: Cheryl Johnson, Deputy City Clerk DATE: May 4, 1990 SUBJECT: Award of Contract - Connemara Drive and Glenariff Lane Rehabilitation The City Council of the City of San Juan Capistrano at its regular meeting held May 1, 1990, took action to award the contract for the rehabilitation of Connemara Drive and Glenariff Lane to the low responsible bidder, Sully -Miller Contracting. All other bids were rejected. Thank you for your interest in this project. If we can be of further assistance, please call. Chery�Joso?��-- �, cc: Jerry Goss Paving Company KWB Construction, Inc. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 Arthur J. Gallagher & Co. 12221 Merit Drive, Suite 670 Dallas, TX 75251 Sully -Miller Contracting Company 3000 E. South St. Long Beach, CA 90805 COVERAGES TE OF INSU ISSUE DATE (MM/DD/YY) 4/12/90 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Companies Affording Coverage Company A Zurich insurance Company Letter Company B Letter Company C Letter Company D Letter Company E >A THE POLICY PERIOD INDICATED WHICH THIS CERTIFICATE MAY BE EXCLUSIONS, AND CONDITIONS OF Do TYPE OF INSURANCE POLICY NUMBER �i IX MIC ALL LIMITS IN THOUSANDS DATE IMMMWVV) General Uability GENERAL AGGREGATE A ® Commercial General Liability CGL 1423786 4-1-90 4-1-91 PRODUCTS{.OMP,OPS AGGREGATE ❑ Glenns Made 0 Commence PERSONAL A ADVERTISING IMURY ❑ Owners S Convectors ProtaObYe EACH OCCURRENCE ❑ FIRE DAMAGE (ANY ONE FIRE) MEDICAL EXPENSE AAM' ONE r_i Automobile Uability ® Any Auto ❑ AN Owned Aubs ❑ Scheduled AuIDS ® Hied MADS ® Non -owned Autos ❑ Garage LGallft Excess Liability ❑ Umbrega Form ❑ Omer Than Umbrella Form Workers' Compensation And Employers' Uability Other $6,000, TAP 1423787 - TX BAP 1423785-0/S 4-1-90 4-1-91 I(P. S IAcegenM")'ijY f Self -Insured bylState of C41ifornia Cert. No. 1130 continuou4 Coverage $10,000, $10,000, $5,000, $5.000, $50, i5, Prop" DPPMw E&C M Aggragale i$ Clowrrarroe �f $ Description of Operations/Locations/Vehicles/Sal It Contract Connemara Drive and Glennarff Lane Rehabilitation. The City of San Tuan Capistrano and its elected and appointed officials are hereby named as additional insureds as respects Sully -Miller Contracting Company's operations only. Attached Liability Endorsement. CERTIFICATE HOLDER CANCELLATION " City of San Juan Capistrano strano SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Y P EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS 32400 Paseo Adel anto WFUTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO San Juan Capistrano, CA. �SUCH � AGENTS OR aA REPRESENTA TION OR UABILITY OF ANY KIND UPON THE IVES Authorized Representative V 14- C-01 AIG 6186 POLICY NUMBER: GL01,786-02 • COMMERCIAL GENERAL LIABILITY SULLI�-MILLER CONTRACTING COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization• The City of San Juan Capistrano, its elected and appointed officials RE: Connemara Drive and - Glennarff Lane Rehabilitation (If no entry appears above. information required to complete this endorsement wiii be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule. but only with respect to liability arising out of 'your work" for that Insured by or for you. uthorized Represen� ')e td 10/10/89 CG 20 10 1185 Copyright. Insurance Services Office, Inc.. 1984 C V • • " rt c+'C13 c+ (coo -SIS,-Ea� F-. O y O x Cn M n p$p°�c3 m mg8'°e��3� y O 3m a 0°�°en- ,t5, c. m�, O O Wim? dm CD r. 0 -- C) �a°Ro°�� = m CD cn 0ce . G5. Ri o o3ART � < D CD a$ rA o y " � A. co -1 r �<&°Ns•°� F+. a `'� °•e .. :n < rt o rt y o 3 H EQ� co n OD ° n d 3:Eo' Z F. o a CDMRr o = O n 0 c�o3an ° 0"°� a 8�0dgasd 8 Mm z CO. <.°� o c o D -D r 2 •°�O'.� Vin• •�` �. iw N m D ;N• O to y Q A O'°' m Z a• m C (0 co c �? o D C9 1w o? yn V mS^cO.cB Z '—o RI ti O V > r r7 ryry � '� .� • � y i a.m, n TO CERTI PRODUCER Arthur J. Gallagher & Co. 12221 Merit Drive, Suite 670 Dallas, TX 75251 Sully -Miller Contracting Company 3000 E. South St. Long Beach, CA 90805 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY co TYPE OF INSURANCE POLICY NUMBER Ltr A General Liability Q Commercial General Liability CGL 1423786 ❑ Claims Made ❑X Occurrence ❑ Owners & Contractors Protective Automobile Liability A Q Any Auto ❑ All Owned Autos ❑ Scheduled Autos Q Hired Autos Q Non -owned Autos ❑ Garage Liability Excess Liability ❑ Umbrella Form ❑ Other Than Umbrella Form Workers' Compensation And Employers' Liability Other TAP 1423787 - TX BAP 1423785-0/S Self Insured by State of California Cert. No. 1130 SQRANPE SUE DATE (MM/DD/YY) s .t _. April 1, 1991 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Companies Affording Coverage Company A Zurich Insurance Company Company B Company C Letter Company p Company E POLICY EFFECTIVE POLICY DATE (MM,DD/YY) EXPIRATION DATE (MMNDNV) <a< n rn t `� m 1I" ABOVE OLERIOD INDICATED iPECT T WHI H THI RTIFICATE MAY BE TERMSPEXCLUSIONS, AND CONDITIONS OF ALL LIMITS IN THOUSANDS GENERAL AGGREGATE 4-1-91 4-1-92 PRODUCTS-COMP/OPS AGGREGATE PERSONAL B ADVERTISING INJURY EACH OCCURRENCE FIRE DAMAGE (ANY ONE FIRE) MEDICAL EXPENSE (ANY ONE PERSON) Combined $5,000, Single 4-1-91 4-1-92 Limit Bodlln(ury (Per eraom $ Bodily Injury IAcc7denq $ Proioerly Damage $ Description of Operations/LocationsNehicies/Special Items Applicable as respects for transporting various equipment through the City. City of San Juan Capistrano 32400 Passeo Adelanto San Juan Capistrano, Ca 92675 C-01 AIG 6/86 Occuarrence $10,000, $10,000, $5,000, $5,000, '?I $50, $5, ".'.. Aggregate CANCELLATION'Eli SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES ALIorized Representative CITY OF SAN JUAN CAPISTRANO • COUNTY OF ORANGE • STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION CITY COUNCIL GARY L. HAUSDORFER, MAYOR PHILLIP R. SCHWARTZE KENNETH E. FRIESS LAWRENCE F. BUCHHEIM ANTHONY L. BLAND CITY MANAGER S. B. JULIAN DIRECTOR OF PUBLIC WORKS W. D. MURPHY • AUGUST 1989 • • • TABLE OF CONTENTS CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION TITLE PAGE 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 Section 1 Standard Specifications.......................................SP-1 DS -1 Section 2 Terms Defined...............................................SP-2 DS -1 Section 3 Flow and Acceptance of Water.................................SP-2 DS -1 Section 4 Water......................................................SP-2 DS -1 Section 5 Insurance and Overhead Costs..................................SP-2 DS -2 Section 6 Protection of Existing Utilities (USA) ...........................SP -2 Section 7 Protection of Private Property.................................SP-3 Section 8 Construction Zone............................................SP-3 Section 9 Pre -Construction Coordination Control Meeting ..................SP -3 DETAIL SPECIFICATIONS AND METHOD OF PAYMENT Bid Item 1 Remove and Replace Existing Curb and Gutter .................. DS -1 Bid Item 2 Remove and Replace Existing Driveway Approach ............... DS -1 Bid Item 3 Remove Existing Street Section ............................... DS -1 Bid Item 4 Aggregate Base Class Il ...................................... DS -1 Bid Item 5 Asphalt Concrete ........................................... DS -2 Bid Item 6 Traffic Control ............................................. DS -2 • CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:30 p.m., on the 2nd day of April 1990, receive sealed proposals or bids for the Connemara Drive and Glenariff Lane Rehabilitation in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1988 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 10:30 a.m. on the 26th day of March 1990, at the City offices. The contractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not dis- seminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one -hundred percent (100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the surety list provided herein. -1- • The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of forty-five (45) calendar days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of plans and specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and 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 SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- • BID PROPOSAL For the: CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION 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, 1988 Edition, including all supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: • $ Words Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifica- tions or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of forty-five (45) 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: Dated: Business Address Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: Dated: • • -5- Signature of Bidder Telephone Number 0 Item 1 2 3 4 • 5 6 n SCHEDULE OF WORK ITEMS CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION Approximate Work Items With Unit Price Unit Price Quantity (Written in Words) (In Figures) 259 LF Remove and replace existing curb and gutter for the unit price of dollars per lineal foot. 500 SF Remove and replace existing concrete driveway approach for the unit price of dollars per square foot. 1295 SF Remove existing street section for the unit price of dollars per square feet. 45 Ton Class II Aggregate Base for the unit price of dollars per ton. 23 Ton Asphalt concrete for the unit price of dollars per ton. LS Traffic control for the lump sum price of dollars. Total Bid Price (Enter here and on Page 3) Words Total Amount Figures NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY • BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA County of and says that he is of ss. being first duly sworn deposes the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed 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- • 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. E Item of Work Sub -Contractor Address Phone No. BIDDER'S NAME AUTHORIZED SIGNATURE in • 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, 1988 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. • in Addenda or Bulletins • The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures, the words shall govern. • B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the provisions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not less than ten (10) percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if -lo- awarded the contract, will in good faith enter into such contract and furnish the • required bonds. -lo- 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 "Notice Inviting Bids". Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawal of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the . scheduled closing time for receipt of bids. Opening of Bid Proposals The City will, in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids". Bidders or their authorized representatives are invited to be present. • Award of Contract or Reiection of Bids No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids". The City, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. -11- The bidder to whom the award is made shall execute a written contract with the City and • furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after the notice of award of contract. The contract shall be made in the form adopted by the City. The release of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made upon the City's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the 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 forty-five (45) 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- Workmen and Waees • 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". • • Buildine 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- 7J • 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, 1988 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 Connemara Drive and Glenariff Lane Rehabilitation in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting • Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual -14- amount of damages, and loss sustained by City, should CONTRACTOR fail to complete • the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. • FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay City such sum as the Court may judge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by City in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or -15- any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified • prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. • CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this construction agreement. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB- CONTRACTOR, for each calendar day during which such workman is required or • permitted to work more than eight (8) hours in violation of the provisions of Article -16- Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as • permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. DATED: • ATTEST: Mary Ann Hanover, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney • CITY OF SAN JUAN CAPISTRANO BY: MAYOR BY: CONTRACTOR -17- • 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- IN WITNESS WHEREOF, the above -bounden parties have executed this • instrument under their several seals this day of , 19_, the name and Corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) ATTEST (If Corporation) Corporate Seal ATTEST Title • BY: Title: BY: Title: -19- PRINCIPAL SURETY PERFORMANCE BOND • KNOW ALL MEN BY THESE PRESENTS: • That as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such • obligation, all to be taxed as costs and included in any judgment rendered. -20- 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. 0 • Executed this day of , California. APPROVED AS TO FORM PRINCIPAL (NOTARIZATION AND SEAL) SURETY (NOTARIZATION AND SEAL) -21- 19 , at 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 I . 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 S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount • specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. !P*a IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for ail 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. _ 0 By By -23- PRINCIPAL SURETY Prepared By: Office of City Attorney • San Juan Capistrano 7/29/83 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, Pennsyicanta 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 be Insurance Co. Globe Indemnity Company Grain Dealers Mutual Insurance Company Great American Insurance Company Greater New York Mutual Insurance Company Gulf Insurance Company The Hanover Insurance Company Harco National Insurance Company Harleysville Mutual Insurance Company Hartford Accident and Indemnity Company Hartford Casualty Insurance Company Hartford Fire Insurance Company The Hawaiian Insurance & Guaranty Company • Highlands Insurance Company Highlands Underwriters Insurance Company The Home Indemnity Company The Home Insurance Company Houston General Insurance Company INA Reinsurance Company ITT Lyndon Property Insurance Company Imperial Casualty and Indemnity Company Indemnity Insurance Company of America Industrial Indemnity Company Insurance Company of North America Insurance Company of the West Integrity Insurance Company International Insurance Company Iowa National Mutual Insurance Company John Deere Insurance Company Liberty Mutual Insurance Company • Lumbermen Mutual Casualty Company -26- • 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- Listing of Surety Companies, Continued • Page Five Prudential Reinsurance Company Ranger Insurance Company The Reinsurance Corporation of New York Reliance Insurance Company Republic Insurance Company Republic Western Insurance Company Royal Indemnity Company Royal Insurance Company of America SAFECO Insurance Company of America 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 0 • Universal Underwriters Insurance Company Utica Mutual Insurance Company Valley Forge Insurance Company Vigilant Insurance Company West American Insurance Company Weschester Fire Insurance Company The Western Casualty and Surety Company The Western Fire Insurance Company Western Surety Company Westfield Insurance Policy -29- CITY OF SAN JUAN CAPISTRANO • CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION SPECIAL PROVISIONS WORK TO BE DONE The work to be done under this contract in general is the reconstruction of curb and gutter and part of the street section in Connemara Drive and Glenariff Lane in the City. SECTION 1 - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1988 Edition, hereinafter referred to as the Standard Specifications. The Contractor shall maintain a copy of this book on the job -site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Contract Termination "If at any time, in the opinion of the Public Works Director, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, • within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. • Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, appliances, and plant, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City Council may annul and cancel the contract and re -let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited with the amount of monies so forfeited toward any excess of cost over and above the contract price, arising from 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." SP -1 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. SECTION 6 - PROTECTION OF EXISTING UTILITIES (UNDERGROUND SERVICE ALERT The Engineer has endeavored to show all existing utilities. The Contractor must, however, take all due precautionary measures to protect all of the existing utilities. The Contractor 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 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. SP -2 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 Contractor will be required to submit a complete schedule showing the number of working days required to complete each phase of the project. This schedule shall be approved by the City Engineer prior to the start of construction. • SP -3 CITY OF SAN JUAN CAPISTRANO CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION • DETAIL SPECIFICATIONS AND METHOD OF PAYMENT BID ITEM I - REMOVE AND REPLACE EXISTING CURB AND GUTTER The work for this bid item shall include removing and disposal of existing curb and gutter and reconstructing to the grades shown on the plans or staked in the field. PAYMENT The unit price bid per lineal foot for removing and replacing curb and gutter shall include all labor, materials, tools and equipment and no additional compensation shall be made therefor. BID ITEM 2 - REMOVE AND REPLACE EXISTING DRIVEWAY APPROACH The work for this bid item shall include removing and disposal of existing driveway approach and reconstructing 6" thick PCC driveway approaches to match existing sidewalk grades and new curb and gutter grades. PAYMENT The unit price bid per square foot for removing and replacing existing driveway approach shall include all labor, materials, tools and equipment and no additional compensation shall be made therefor. • BID ITEM 3 - REMOVE EXISTING STREET SECTION The work for this bid item shall include removing and disposal of existing street section to new formation grades. PAYMENT The unit price per square foot for removing existing street section shall include all labor, materials, tools and equipment and no additional compensation shall be made therefor. BID ITEM 4 - AGGREGATE BASE CLASS 11 Aggregate base shall conform to Orange County Environmental Management Agency Special Provisions for untreated base materials (Standard Plan 804) and Sections 400-2 of the Standard Specifications. PAYMENT The unit price bid per ton for aggregate base shall include all labor, materials, tools and equipment necessary to construct the pavement base and no additional compensation shall be made therefor. BID ITEM 5 - ASPHALT CONCRETE . The bid item shall include the furnishing and placing of asphalt concrete as indicated on the plans and in the specifications. The workmanship and materials necessary to DS -1 complete the work as required shall conform to Section 302-5 of the Standard Specifications and Orange County Standard Plan 1805. • PAYMENT The unit price bid per ton for asphalt concrete shall include all labor, material, tools and equipment necessary to construct the asphalt concrete paving, and no additional payment shall be made therefor. 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. • The contractor shall ensure that vehicular access to all properties is available every work day prior to 8:30 a.m. and after 4:30 p.m. and at all times on non -work days. • PAYMENT The lump sum price for traffic control shall include all labor, materials, tools and equipment necessary to implement and maintain traffic control and no additional payment shall be made therefor. DS -2