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1992-0721_SULLY MILLER CONTRACTING_ContractRECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXFIAP7' DUE TO GO CODE SECTION 6103 Cheryl JohnsozWCity elerk San Juan Capistrano, CA 92-T55332 RECORDED IN OFFICIAL RECORDS pian OF ORANGE COUNTY, CALIFORNIA 3:30 a?ther P.M. NOV 51992 ::. Pece ca Q.`�awt Recorder r'`s— _ka •J Y •1' • •iQ S l � fi �1 Y C•):I as NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Sully -Miller Contracting Company, 6145 Santiago Canyon road, Orange, California 92669, for the performance of the following work: PREVENTATIVE STREET MAINTENANCE 1991-1992 AT (1) DEL OBISPO STREET FROM ALIPAZ STREET TO TRA13UCO CREEK BRIDGE; (2) AVENIDA AEROPUERTO FROM CAhIINO CAPISTRANO TO THE RAILROAD TRACKS; AND, (3) DANA MESA That said work was completed on October 15, 1992, 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, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 3rd day of November, 1992, by Resolution No. 92-11-3-1 That upon said contract, Seaboard Surety Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 4th day of November '1992. a��C-1f, Cheryl Johnso ity Oerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 4th day of November 1992. Cheryl Johnson rt} Jerk City of San Juan Capistrano 0 1 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 Company 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, 1991 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 Preventative Street Maintenance, 1991 - 1992 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- S 0 • 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, two hundred and fifty dollars ($250) 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- X 0 0 any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non -owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/ not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 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 -16- 0 0 applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB- CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN CAPISTRANO DATED: V� .,?/� iy-72 - BY: MAYOR BY:— A416 AL .. ,,/,CONTRACTOR iD. Blair, Assistant Secretary Su11 v -Mi I I Pr Contracting Gomnanv ATTEST: AP ROVED AS TO F RM: ichazd K. Denhalter, City Attorney -17- 0 0 • • • • • • • yam- y;l • • tt J The Report dated November 3, 1992, from the Planning Director, regarding actions taken at the meeting of October 22, 1992, was ordered received and filed. • • • • • • :y • 11 .I The Report dated November 3, 1992, from the Director of Community Services, regarding actions taken at the meeting of October 19, 1992, was ordered received and filed. —� 9. RESOLUTION. NOTICE OF COMPLETION, AND FINAL REPORT - PREVENTATIVE STREET MAINTENANCE 1991-92 (SULLY -MILLER CONTRACIING As set forth in the Report dated November 3, 1992, from the Director of Engineering and Building, the following Resolution was adopted declaring the construction of Preventative Street Maintenance for 1991-92 by Sully -Miller Contracting Co. to be complete: None. RESOLUTION NO. 92-11-3-1. COMPLETION OF PREVENTATIVE STREET MAINTENANCE 1991-1992 PROJECT - 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 PREVENTATIVE STREET MAINTENANCE 1991- 1992 PROJECT (SULLY -MILLER CONTRACTING CO.) The Resolution accepted the work as complete in the amount of $75,611.07 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10%a retention in the amount of $7,561.11 thirty-five (35) days after recording the Notice of Completion. As set forth in the Report dated November 3, 1992, from the Director of Engineering and Building, the following Resolution was adopted approving the filing of an application through the state's Environmental Enhancement and Mitigation Program (AB 471/Katz) to obtain funds in the amount of 579,3011 for the installation of landscaping of the Stonehill Drive parkway and slopes, including the slopes to the future access road to the Lower Rosan Ranch: N NO, 92-11-3-2. APPROVAL OF APPLICATION FOR rl( Xjj1AN Y K THt STUNEHILL DRIVE LANDSCAPING PROJ CT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 16456 OF THE STREETS AND HIGHWAYS CODE 1989 FOR THE STONEHILL DRIVE LANDSCAPING PROJECT -3- 11/3/92 0 CONSENT CALENDAR AGENDA ITEM November 3, 1992 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Resolution, Notice of Completion and Final Report - Preventative Street Maintenance 1991-1992 (Sully -Miller) RECOMMENDATION By resolution, determine that the work for Preventative Street Maintenance, 1991-1992 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 $7,561.11 thirty-five (35) days after the recordation of the Notice of Completion. SITUATION A. Summary and Recommendation At the July 21, 1992 City Council meeting, the Preventative Street Maintenance 1991-1992 Contract was awarded to Sully -Miller Contracting Co. in the amount of $77,932.37. The construction of Preventative Street Maintenance 1991-1992 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. With minor changes in estimated quantities and the work itself the project has been completed for $75,611.07. B. Background Each year the City budgets funds for Preventative Street Maintenance. For 1991- 1992, three separate projects were combined into one construction package: i) reconstruction of the north side of Del Obispo Street from Alipaz Street to Trabuco Creek Bridge, ii) asphalt concrete overlay of Avenida Aeropuerto, including pavement reinforcing fabric from Camino Capistrano to the railroad tracks, iii) asphalt concrete overlay of Dana Mesa Drive, including pavement reinforcing fabric from Del Obispo Street to Deadwood Drive and slurry sealing the remainder of the Dana Mesa tract. FOR CRY COUNCIL AGE— / AGENDA ITEM • . November 3, 1992 Page 2 COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS The Contract was awarded to Sully -Miller Contracting Company for $77,932.37 and has been completed for $75,611.07. Funds are available from gas tax monies in Account No. 12-65300-4710-119. NOTIFICATION Sully -Miller Contracting Co. ALTERNATE ACTIONS 1. Accept the improvements. 2. Do not accept the improvements. 3. Refer to Staff for additional information. RECOMMENDATION By resolution, determine that the work for Preventative Street Maintenance 1991-1992 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 $7,561.11 thirty-five (35) days after the recordation of the Notice of Completion. Respectofflly submitted, W: liam M. Huber, P. . WMH/BP:ssg //EKD/Agenda/BrianA gen3 11-3Item2 0 • RESOLUTION NO. 92-11-3-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE PREVENTATIVE STREET MAINTENANCE 1991-1992 PROJECT (SULLY -MILLER CONTRACTING COMPANY) WHEREAS, on the 21st day of July, 1992, the City of San Juan Capistrano entered into a contract with Sully -Miller Contracting Company, 6145 Santiago Canyon Road, Orange, California, for the Preventative Street Maintenance 1991-1992 project; and, WHEREAS, the Director of Engineering and Building has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2 That the total cost of said work is in the amount of $75,611.07. SECTION 3. That the work is hereby accepted and approved. SECTION 4. That 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 day of November 1992. ATTEST: -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, 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. 92-11-,3-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day of November , 1992, by the following vote: AYES: Councilmen Friess, Hausdorfer, Harris, Vasquez and Mayor Jones NOES: None W_Y _ 1 ABSENT. None (SEAL) CITERYL J NS , CITY CLERK -2- Change Order No. 1 • CONTRACT CHANGE ORDER Beginning Contract Date September 18, 1992 77 932 37 Date October 2. 1992 Contract Amount $ Increase In Contract Price 1 Delete P.C.C. ramp per bid item No. 5 @ Project No. 119 Previous Change Orders $ 0 Location Preventative Street Maintenance This Change Order $ (2,695.00) $450 1991-1992 Adjusted Contract $ 75,237.37 bid item No. 11 @ $355 per each total Item No. Description of Changes Decrease In Contract Price Increase In Contract Price 1 Delete P.C.C. ramp per bid item No. 5 @ $1,160 and substitute A.C. ramp @ $450 per Sully Miller letter October 2, 1992. $1,160 $450 Z Delete adjuatexisting :nanhcics per bid item No. 11 @ $355 per each total $3,905.00 and substitute 4 each @ $480 per 1 ! each total $1,920 per Sully Miller letter October 2, 1992. $3,905 $1,920 Change In Contract Price Due to This Change Order 5,065 $2,310 Net Change In Contract Price $ 2,695 $ - TIME SCHEDULE: ACCEPTANCE: Total Contract Days 45 Accepted by fol Amount Prior C.O.(s) 0 0 Amount This C.O. Recommended by Adjusted Contract Days 45 New Date of Completion November 2,'92Approved by Engineering & Building DATE: ie_e (p • July 23, 1992 Please Sign, Date 4 Retu> his Copy l"\ /01 ' - /1 0 MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY L HAUSOORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN _ r N Sully -Miller Contracting Company 6145 Santiago Canyon Road Orange, California 92669 Re: Award of Contract - 1991-92 Preventative Street Maintenance Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held July 21, 1992, awarded the contract for Preventative Street Maintenance 1991-92 to your company at $77.932.37. 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, eerfyl Joh n City Clerk Enclosure cc: Director of Engineering and Building (with copy of contract) Mary Laub (with copy of contract) Brian Perry (with copy of contract) Receipt of the foregoing Notice of Award is hereby acknowledged: n "7 This 27th day of 1991. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 9 (714) 493-1171 0 AGENDA ITEM TO: FROM: SUBJECT: 0 CONSENT CALENDAR Stephen B. Julian, City Manager 0 July 21, 1992 William M. Huber, Director of Engineering & Building Award of Contract - Preventative Street Maintenance 1991-1992 (Sully - Miller) ECOMMENDATION By motion, award the contract for Preventative Street Maintenance 1991-1992 to the low responsible bidder, Sully -Miller, in the amount of $77,932.37 and reject all other bids. Authorize the Mayor and City Clerk to execute the documents on behalf of the City. SITUATION A. Summary and Recommendation Bids were opened June 15, 1992 for Preventative Street Maintenance 1991-1992. The bids are valid until July 30, 1992, a period of 45 days from the opening date. Bids were received as follows: Sully -Miller Camino Viejo Paving, Inc. Excel Paving Company $77,93Z 37 $97,604.30 $97,708.00 Staff is recommending award of contract to the low, responsible bidder Sully -Miller. The following subcontractors were listed with the bid: Slurry Seal - IPS Services, San Bernardino Striping - I&S Sign, Orange Electrical - Smithson, Orange Concrete - S.L. Keller, Chino B. Background Each year the City budgets funds for Preventative Street Maintenance. For 1991- 1992, three separate projects have been combined into one construction package: i) reconstruction of the north side of Del Obispo Street from Alipaz Street to Trabuco Creek Bridge, ii) asphalt concrete overlay of Avenida Aeropuerto, including pavement reinforcing fabric from Camino Capistrano to the railroad tracks, iii) asphalt concrete overlay of Dana Mesa Drive, including pavement reinforcing fabric from Del Obispo Street to Deadwood Drive and slurry sealing the remainder of the Dana Mesa tract. FOR CITY COUNCIL AGE J� AGENDA ITEM ! • July 21, 1992 Rage 2 Staff acknowledges that the work on Del Obispo Street, while only a short length of street, will require considerable traffic control and consequent reduction in traffic capacity. Staff believes that this can be minimized by starting at 6:00 p.m, on Friday evening and working until 10:00 pm.. Saturday and Sunday work would be permitted 8:00 a.m. to 10:00 p.m. and also on Monday, if necessary, 8:00 am. to 10:00 p.m.. Traffic control would remain in place throughout the work. COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is $80,000. $100,000 was budgeted in Account No. 12-6900-4710-119 in 1991-1992 and sufficient funds are available for the construction of the project at the bid price of $77,932.37. NOTIFICATION Sully -Miller Camino Viejo Paving, Inc. Excel Paving Company TERNATE ACTIONS 1. Award the contract for Preventative Street Maintenance 1991-1992 to the low responsible bidder, Sully -Miller. 2. Do not award the contract. 3. Refer to Staff for additional information. RECOMMENDATION By motion, award the contract for Preventative Street Maintenance 1991-1992 to the low responsible bidder, Sully -Miller, in the amount of $77,932.37 and reject all other bids. Authorize the Mayor and City Clerk to execute the documents on behalf of the City. Respe fullysubmitted, 4 William M. Hub�/e!!�rrr,,,�,Pff��E//::11 W MH:BP:ssg //EKD/Agenda/BrianAgen 1 /7-21Item3 •f NO.; 2428/+3-92 Mlkl= : $ 561.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That SULLY rffL1ER OONMOCTING M4PANY , as Principal, hereinafter called CONTRACTOR, and SEABOARD SURETY CCWANY , 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 SEVENTY SEVEN moumm NINE IRWRED THIRrrzao and 00/100c,r- 7 � � , � � 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 JUNE 19, 1992 entered into a (describe agreement): PREVENTA= STREET MAINTENANCE, 1991c1992 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. INr15 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 22nd day of JUNE 19 92 , at ORANGE COUNW , California. APPROVED AS TO FORM PRINCIPAL SULLY PIIILER COWRALTING (ie MQAN�YY 4LzK ROBERT E. HOLLAND, VICE PRESIDENT' (NOTARIZATION AND SEAL) SURETY sFaEonxn��/�U � \��w1 (NOTAMR� ZA M 'LWFACT -21- STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 22nd day of JUNE92the year 19 92 before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. HMM, VICE PRFSIDENr OFFICIAL NOTARY SEAL NICKI FREEMAN , personally known to me Notary Public —Caliromia ( I to be the person who executed the LOSANGELES COUNTY Comm.Y CoExpires NOV 14,1995 within instrument on behalf of the Corporation therein named, and acknowledged to me that ' the Corporation executed it. WITNESS my hand and official seal. lel/ Notary Public in and for said State. ACKNOWLEDGMENT—Corporation—Wolcotts Form 222CA x—Rev. 5-82 State of California County of Orange On JUNE 22, 1992 before me, Kathy R. Mair. Notary Public (here insert name and title of the officer), personally appeared RRNF 1AIT , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature:}�C 12C9 �,� (seal) OFFICIAL SEAL KATHY R. MAIR NOTARY PUBLIC - rALIFORNIA PRINDPAL OriCE IN ORANGE COUNTY My Commission Expires May 22. 1993. + • *BOND NO.: 242843;92 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 SULLY MMER OONTRncrINO COWANY License No. 001538 A hereinafter designated as "Principal", a contract for PEZEVE rrATIVE STREET m n 1991c1992 • 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 su11.Y miu-m owmAcTTNc campANY Principal, and SEABOARD SU= OOMPANY , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of SEVENTY SEVEN THOUSAND NINE HUNDRED THAM TL -A and 00/10o�.�r DOLLARS ($77,932.00 ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATIONN' is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -22- IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 2Znd day of JUNF , 19 92 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. _ APPROVED AS TO FORM SULLY MILLER CONTRACERU CCWMY PRINCIPAL By ROBERT E. HOLLAND, VICE PRESIDENT SEABOARD SURETY QWANY SURETY a 6y -23- IRENE I AU, ATIURNEY-IN-FACT STATE OF CALIFORNIA COUNTY OF OFFICIAL NOTARYJUN NICKI FREEMA ..® Notary Public — Cal $' LOS ANGELES CO My comm. Exphes N YOWLEDGMENT—Corporation—Wolcotto Form 222CA x—Rev. 5 82 State of California County of Orange }ss. On this 22nd day of Jyt7E in the year 19 92 before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. FIOLIMD. VICE PRESIDENT personally known to me 1 to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. 1 -.4l Notary Public in and for said State. On .mn1E 22, 1992 before me, Kathy R. Mair. Notary Public (here insert name and title of the officer), personally appeared mm Lav , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: Q-'1cz (seal) c OFFICIAL SEAL KATHY R. MAIR '�_• `"'1 NC.TA,Y PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY MY Commission Expires May 22. 1983, ` Certified Copy SSA]SARD SURETY CO&OANYXXXX 8 6 6 7 No. 10323 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Paul C . Hughes Or Irene Lau of Costa Mesa, California its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurancepolli Iesurety bonds, undertakings and other instruments of similar nature as follows: Limited to the amount OfMILLION ($5,000,000.00) Dollars Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION 1: "Policies, bonds, recognisances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice -President or a Resident Vice -President and by the Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chairman of the Board, the President or a Vice -President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice - Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this .21st day of -.. __.July -- - 19 --- 88 �a snservc * Attest: SEABOARD SURET)(C!!l��AAAP N 1927 _ ,/ Bj/1_/�L (� '`corn w��p (Seal) ..SrL-!ca'.-AsComnt s"t'.-.L it y Assistant Secretary Vice -President STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On this _ _ 2.lst._------ day of _... ......... .JUly_... _................ .......... -.---_...__._.-._.... 19_.8$..., before me personally appeared _Michael.. -B._. -Keegan._.__------- ................... ....... ....... - a Vice -President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of . New. Jersey.. ; that he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice -President of said Company by li thority. o�satsry LINDA SMETHERS ' �? NOTnaY F9. NOTARY PUBLIC OF NE J EY (Seal) ra ev . My Commission Exp4e ec. 6r 1996 ._-.... .. _ >�, 1�Lq 0 Notary Public FOpN�4" C E R T I TE I. the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice-president who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article Vfl, Section 1, of the By -Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. "RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice -President pursuant to Article VII, Section 1, of the By -Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved" IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this _._....... ..._22rxi.......... -... day of ..-._...... .R7L+lE_..._.............. ........___ ._... _. -_ 19._42 - 1927� LQI2B - R A Assistant Secretary - - Fame 957 (Rev. 7/84) 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. 6 0 B I D O P E N I N G R E P O R T Bids opened JUNE 15, 1992 at 2:00 am/pm- Project Title PREVENTATIVE STREET MAINTENANCE, 1991-1992 Project Engineer BRIAN PERRY Pre -Bid Estimate $80,000 Bid Bid Bidder: Amount Bond ADD. 1. Sully -Miller v IN (d , 37 t x �( Excel Paving Company X z O !V 3. Camino Viejo Paving, Inc. q�'7 ho Li 30 x 4. 5. 6. 7. 8. 9. 10. cc: City Clerk's Staff (3) Signed��,.a�,x&�� Public Works (3) n - 6-15 City Manager (1) Dated 7Gq----, The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. • Jin • all mlureunr !I TIItIS. 11 1961 1776 ADDENDUM NO. 1 MEMBERSOF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY HAUSDORFER GIL JONES JEFF VASOUEZ CITY MANAGER STEPHEN B JULIAN PREVENTATIVE STREET MAINTENANCE, 1991 - 1992 The following changes to the plans and specifications are promulgated through this addendum. 1. Pages 14, 15, 16, 17 Delete pages 14, 15, 16, 17. Add Pages 14R, 15R, 16R, 17R. A signed copy of this addendum shall accompany the bid. Sully -Miller Contracting Conpany C tractor William Huber, Director D. Blair Assistant Secretary Engineering & Building 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493.1171 0 0 • BID PROPOSAL For the: PREVENTATIVE STREET MAINTENANCE, 1991 - 1992 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, 1991 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: 577, .93c2• 37 18 1-1�2Z4 W&-dsFigures 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. • The estimated quantities of work indicated in the proposal are approximate only being -3- 0 0 • 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" 10`/ (Insert • "$ cash", cashier's check, certified check or bidder's bond on the forms from Pages 18 and 19 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Seaboard Surety Company 19900 MacArthur Blvd., Suite 680, Irvine, CA 92715 Licensed in accordance with an act providing for the registration of contractors -- License No. 1538 'W' E Signature of Bidder: 7. .� r Asgistant Secretary -4- 0 0 • (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.) 6145 Santiago Canyon Road Dated: June 15, 1992 Orange, California 92669 Business Address Dated: June 15, 1992 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: June 15, 1992 Dated: June 15, 1992 • • dz :gnature of Bidder J.D lair Assistant Secretary 714/639-1400 -5- Telephone Number i1 U M • SCHEDULE OF WORK ITEMS PREVENTATIVE STREET MAINTENANCE 1991 - 1992 Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amount 1. CY 250 Remove and dispose of existing street sect r the nit price of Y�L dollars cubic $ / y o -D $ -1, 5". Qy per 2. 1,430 SF Cold plane existing asphalt concrete 0.15' deep Aor the unq, price of Lk-ZA7, dollars pdilsquare foot.$ 01�11.76 $ L DDl. Oa 3. 395 TON Provide and construct aggregate base fort the unit price of dollars per ton. $ lo`t,0� $ y�7576.Ov . 4. 529 TON Provide and construct asphalt concretoe, for the_'unq price of dollars per ton,,4 61 5. LS Provide and construct P.C.C. ramp for a lump s prix of dollars. J ,�yC�4yJ $ 6. 14 EA. Cut 6' x 6' inductive loop deter ors �or he uni is of dollars per each. V$ a2 S7S. d"0 7. LS Project strip' g forth��e lump sum price ofg�Zn��ollars. $ �o�. dD 8. LS Trafficc trol forthe lump sum price of dollars. $ 3a as its 9. 13,380 SF Cold plane existing asphalt concrete 0.12' to zero for the unit price of $ dollars _ per square footp qz � &W"e $ $ i1 U M 0 0 • SCHEDULE OF WORK ITEMS PREVENTATIVE STREET MAINTENANCE 1991 - 199 Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amount 10. 4,500 SY Provide and install geotextile for the unit price of O/aZ dollars per square yard &,.7- $ 11. 11 EA. Adjust existing manhole covers and frato ad for the unit price o dollars per each. 12. 197,893 SF Slurry seal existing streets for the unit price ofE dollars 32 per square foot. c4e,, 6e, . a $O.O9 $ 13. LS Street sweeping seven days after application of slurry for the lump ,,pp su price of G ( ollars. $ reoz . 0-6 14. LS Street Sweeping 14 days after application of slurry for the I ump su price Of llars $ Tilr0 Total Bid Price (Enter here and on Page 3) • The following information regarding pavement reinl Fabric Trade Name: -y p /- tom --575%9 Grab Tensile Strength (1 -inch Grip, Pounds -ASTM Designation: D1117 Elongation at Break, Percent -ASTM Designation: D1117 Fabric Thickness, Mils -ASTM Designation: D461 -6a- 37 Figures fabric shall be provided with each bid. Requirement Proposed 90 Min. 90 �r� 40 Min. $�iry�✓ 12 to 100 30 /D -t) 0 0 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY • BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ss. County of Orange ) J. D. Blair------------------------------------- , being first duly sworn deposes and says that he is Assistant Secretary of Sully -Miller Contracting Company -------------------------------- the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, • organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. • DATED: June 15, 1992 Z-/Z.� NATURE J Blair Assistant Secretary On this the 15th day of June , 19 92 before me, the undersigned, a Notary Public in and for said State, personnally appeared J.D. Blair, Assistant Secretary----------------------------------------, personally known to me to be the person(s) whose nameW is---------------- subscribed to the within instrument, and acknowledged that he--------- executed it. WITNESS my hand and official seal. AliceOk r#1 M. E�.•..w�I�qh $Wrn KK=40FeErNr. /NNcmw ONCE N/ -7- DESIGNATION OF SUB -CONTRACTORS • Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the following listed sub -contractors in making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work r � -i Address Phone Phone No. Ald4� 2;P -el b / 5. 6. 7 8. 0 Sully -Miller Contracting Company BIDDER'S NAME Z/ dK, AUTPORIZED SIGNATURE J Blair Assistant Secretary • • • 1 Bidders license no. Is " The license expiration date is 2/28/9 4 /28/94 . The represenla1" made herein are made under PenakY of ptldun• .W19 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, 0 BOND NO: 766046(17772) PREMIUM: INCLUDED IN BBSU SULLY -MILLER CONTRACTING COMPAN$s 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 City, in the sum of $ 107 of bid . , for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated ,rune 15 , 19_2.Z. for the construction Of PREVENTATIVE STREET MAINTENANCE 1991-1992. 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- • 6 IN WITNESS WHEREOF, the above -bounden parties have executed this • instrument under their several seals this 15th day of Jane_, 19 92 , 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 SULLY -MILLER CONTRACTING COMPANY PRINCIPAL BY: G Title: m. M. Lnhanko. Assistant Secretary QTTDVMV C OMPANY SU R BY: �kl� Title: Trene Lau. Attorney -in -Fact dCM State of California County of Los Angeles On June 1S, 1992 before me, Shirlev D. Garland, Notary Public DATE NAME, TITLE OF OFFICER - E.G, 'JANE DOE, NOTARY PUBLIC' personally appeared George M. Lubanko NAME(S) OF SIGNER(SI personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) OFFICAL NOTARY SEAL acted, executed the instrument. SHIRLEY D. GARLAND Witness my hand and official seal. Naary PuElb—Cdbmia LOS ANGELES COUNTY My Cantu. Exptes .7tA.2t,iBY6 � G{// CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) 9 CORPORATE _ OFFICER(S) Acct. Sec. TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Signer(s) Other Than Named Above Date of Document State of California County of Orange On June 15, 1992 before me, Kathy R. Mair, Notary Public (here insert name and title of the officer), personally appeared Irene Lau , personally known to me ( to be the person(s) whose names is/aFe-subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in +pie/her/theta authorized capacity(ise), and that by 44is/herA 4@ir signature(* on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. oFFiCIAL SEAL hr-,'; R. rJAIR :,W L'Mmy GTA ,�Signature: , (Seal) Commssicn ExpiresNf May 22.1993- Certified Copy SEAtOARD SURETY(XXX 8 6 2 2 No. 10323 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Paul C. Hughes or Irene Lau of Costa Mesa, California its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance poltries, surety bonds, undertakings and other instruments of similar nature as follows: Limited to the amount of FIVE MILLION ($5,000,000.00) Dollars Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal, and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII. SECTION 1. "Policies, bonds, recognizances, stipulations, consents of surety, undarwriting undertakings and Instruments retailing thereto. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shaft be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice -President ora Resident Vice -President and by the Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chairman of the Board, the President or a Vice -President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice - Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this .210t_,__ day of - - - _,July_. 19...88 c'P°S'; RFIrC * Attest: SEABOARD SURETC P NN By (Seal) - �— Assistant Secretary Vice -President STATE OF NEW JERSEY ss COUNTY OF SOMERSET On this __ ... day of -.... __.---duly.._.._._._ ........... _... ........ ._---- --------- 19 ... $8-.., before me personally appeared Michael_ -H... -Keegan... ......... a Vice -President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of ..New._,Iersey.- that he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice -President of said Company iD rity. LINDA SMETHERS NOTARY PUBLICOFN 1 EY �(Seal) My CommissionExp°re eC. 6, 1996 .---._ - ...-Notary Public C E R T T E 1, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true antl correct copy. is in full force and effect on the date of this Certificate and f do further certify that the Vice -President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney -in -tact as provided in Article VII, Section 1, of the By -Laws of SEABOARD SURETY COMPANY This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. "RESOLVED: (2) That the use of a printed facsimile of the corporate seat of the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President ora Vice -President pursuant to Article VII, Section 1, of the By -Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this 92 r1927 y..15tl1day of...-....�1.SIne.._.--.._19 Assistant Secretary Form 957 fRev. 7184) 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 10 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 eighteen years, and not a parry to or interested in the above entitled matter. I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on June 7, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange, State of California; 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 supplement thereof on the following dates, to wit: April 30, Mav 7, 19 2 I declare under penalty of perjury that the foregoing is true and correct. Executed at Mission Viejo, Orange County, California, on may 7. 11392 ................................................................................................. .................................................... (Signature) Capistrano Valley News (A Publication of South Orange County News) 23811 Via Fabricante P. O. Box 3629 Mission Viejo, California 92690 (714)768-3631 E RECEIVED Space below for FilirliYStbthp Oiily.11 RH '92 CITY CLERK DEPARTMENT t'I'r'IF cqN Proof of Publication of NOTICE INVITING BIDS 'PREVENTIVSSTREET"MAINTENANCE ................ tenants, 1991-1992 will 2:110 P.Y. on the link day ufJone, 1992. A pre-bid conference is scheduled n 10:00 A.H. on the Halt day of May. 1902, at the City offices b assist contractors. Coples of Plana and Specification, are on fila In the Ofilre of the City Clerk of San Juan capistraro, 32100 Pasty Adelanto, San Joan Capistrano, California, and may be obtained at the non. reNgdable charge of}10.00, plus acharge of$5.00 for each est of Plana and Specifications mailed. Dated: April 21,1992 CHERYL JOHNSON, CITY CLERK CITY OF SAN JUAN CAPISTRANO " ORANGE COUNTY, CALIFORNIA Published: Capistrano Valley Nene - April 30, May 7, 1982 p3-183 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Bea Gougeon, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: PROOF OF PUBLICATION: AUTHORIZED BY: DATE: April 23, 1992 Date of Bid Opening Date (s) notice published Date affidavit received Date notice posted in designated posting places (3) THURSDAY, APRIL 30, 1992 THURSDAY, MAY 7, 1992 NOTICE INVITING BIDS - PREVENTATIVE STREET MAINTENANCE, 1991-1992 Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 - 06/15/92 - 04/30/92 - 05/07/92 - s//3/9� alm a-- - 04/30/92 0 NOTICE INVITING BIDS PREVENTATIVE STREET MAINTENANCE 1991-1992 Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Preventative Street Maintenance 1991-1992 until 2:00 P.M. on the 15th day of June, 1992. A pre-bid conference is scheduled at 10:00 A.M. on the 18th day of May, 1992, 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: April 23, 1992 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA PRESS RELEASE • L PREVENTATIVE STREET MAINTENANCE 1991 - 1992 NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 15th day of June 1992, receive sealed proposals or bids for the Preventative Street Maintenance, 1991 - 1992 in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1991 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 bind payable to the City of San Juan Capistrano in the sum of not less than ten percent of the total bid amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 am. on the 18th day of May 1992, at the City offices. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not 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 Standard Specifications. -1- 0 0 ,It 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, dies 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: (,,( Q/ �2.24, 1�7-? -2- CITY CITY CLE CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- 2. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.60) The Report dated April 21, 1992, from the Senior Management Assistant, regarding actions taken at the meeting of April 7, 1992, was ordered received and filed. 3. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60) The Report dated April 21, 1992, from the Director of Planning Services, regarding actions taken at the meeting of April 1, 1992, was ordered received and filed. 4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated April 21, 1992, from the Director of Community Services, regarding actions taken at the meeting of March 30, 1992, was ordered received and filed. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated April 21, 1992, from the Director of Planning Services, regarding actions taken at the meeting of April 14, 1992, was ordered received and filed. 6. PLANS. SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS - SACARAMA AREA STORM DRAIN (600.30) As set forth in the Report dated April 21, 1992, from the Director of Engineering and Building, the plans and specifi- cations were approved for the construction of a 30 -inch diameter storm drain from the Chou property above Sacarama Lane through the Gregg, Vaughn, McCook, Groenendyke, and Marquis properties to the existing 42 -inch diameter storm drain in Via Estelita. The homeowners shall contribute 50% or $45,000 of the project costs, whichever is less. Staff was authorized to call for bids. Easements and license agreements will be brought to the City Council for approval and acceptance prior to bid opening. 7. PLANS, SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS - PREVENTATIVE STREETMAINTENANCE, 1991-92 (600.301 As set forth in the Report dated April 21, '1992, from the Director of Engineering and Building, the plans and specifi- cations were approved for the following three Preventative Street Maintenance projects for 1991-92: (1) Reconstruction of the north side of Del Obispo Street from Alipaz Street to Trabuco Creek Bridge; (2) Asphalt concrete overlay of Avenida Aeropuerto, includ- ing pavement reinforcing fabric from Camino Capistrano to the railroad tracks; and -3- 4/21/92 0 0 (3) Asphalt concrete overlay of Dana Mesa Drive, including pavement reinforcing fabric from Del Obispo Street to Deadwood Drive and slurry sealing the remainder of the Dana Mesa tract. Staff was authorized to call for bids. AWARD OF CONTRACT - TWO-PART PROJECT CONSISTING OF Al REHABILITATION OF SILVER CREEK DRIVE AT HORNO CREEK: AND B1 DRAINAGE IMPROVEMENTS. MISSION STREET TO RAMOS STREET (LOS ANGELES ENGINEERING. INC.) (600.301 As set forth in the Report dated April 21, 1992, from the Director of Engineering and Building, the contract for the rehabilitation of Silver Creek Drive at Horno Creek and drainage improvements for Mission Street to Ramos Street was awarded to the lowest responsible bidder, Los Angeles Engineering, Inc., in the amount of $67,610. The id irregularity was waived, and all other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. DENIAL OF CLAIM - PROPERTY DAMAGE (SAM FRIEDMAN) (170.10) The claim received by the City on April 3, 1992, from Sam Friedman in the amount of $1,995.48, for damage sustained to his RV from hitting a overhanging branch on Paseo Adelanto, was denied, as set forth in the Report dated April 21, 1992, from the City Attorney. 10. RESOLUTION AUTHORIZING DESTRUCTION OF RECORDS (160.70) As set forth in the Report dated April 21, 1992, from the City Clerk, the following Resolution was adopted authorizing the destruction of records listed in Exhibit A of the Resolution: RESO UTION NO. 92-4-21-1. DESTRUCTION OF RECORDS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS PUBLIC HEARINGS 1. PROPOSED REZONE OF A 3.3 -ACRE PARCEL FROM GENERAL AGRICULTURE TO PUBLIC AND INSTITUTIONAL. AT PROPERTY LOCATED NORTH OF AVENIDA LOS CERRITOS AND WEST OF RANCHO VIEJO ROAD, REZONE 89-1 (SOUTH COAST CHRISTIAN ASSEMBLY) (460.20) Proposal• Consideration of a request to rezone a 3.3 -acre parcel from AG (General Agriculture) to IP (Public and Institutional), SC 4/21/92 AGENDA ITEM TO: FROM: SUBJECT: 0 0 CONSENT CALENDAR April 21, 1992 Stephen B. Julian, City Manager William M. Huber, Director of Engineering & Building Plans and Specifications and Authorization to Receive Bids - Preventative Street Maintenance 1991 - 1992 RECOMMENDATION By motion, approve the plans and specifications including hours of work for Preventative Street Maintenance 1991 - 1992 and authorize Staff to receive bids. SITUATION A. Summary and Recommendation Each year the City budgets funds for Preventative Street Maintenance. This year three separate projects have been combined into one construction package: i) reconstruction of the north side of Del Obispo Street from Alipaz Street to Trabuco Creek Bridge, ii) asphalt concrete overlay of Avenida Aeropuerto, including pavement reinforcing fabric from Camino Capistrano to the railroad tracks, iii) asphalt concrete overlay of Dana Mesa Drive, including pavement reinforcing fabric from Del Obispo Street to Deadwood Drive and slurry sealing the remainder of the Dana Mesa tract. Staff is requesting approval of plans and specifications and authorization to receive bids for these projects. Plans and specifications are on file with the City Clerk's Of fice. B. Background Staff acknowledges that the work on Del Obispo Street while only a short length of street will require considerable traffic control and consequent reduction in traffic capacity. Staff believes that this can be minimized by starting at 6:00 p.m. on Friday evening and working until 10:00 p.m.. Saturday and Sunday work would be permitted 8:00 a.m. to 10:00 p.m. and also on Monday, if necessary, 8:00 am. to 10:00 p.m.. Traffic control would remain in place throughout the work. COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FOR CITY COUNCIL AGENT — D 7 AGENDA ITEM • April 21, 1992 Page 2 FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is budgeted in Account No. 12-6900-4710-119 the construction of the project. NOTIFICATION Del Obispo Street • $80,000. $100,000 from gas tax has been this year, sufficient funds are available for Residents of Via Belardes, Calle Winona, Paseo Rosa, Calle Reynalda, Calle Delphina, Calle Lucana, Paseo Belardes, Calle Rio Vista, Del Obispo Street, Via Tonada and Via Viento have been notified of this item because of the work impact to their neighborhoods. Two weeks prior to beginning any work, the cm tractor shall notify all residents on Via Belardes, Calle Winona, Paseo Rosa, Calle Reynalda, Calle Delphina, Calle Lucana, Paseo Belardes, Calle Rio Vista, by an approved, written notice of the street closure at Alipaz Street and Del Obispo Street giving dates of the closure and detour details. Street signs notifying the traveling public of the dates of the work will also be posted two weeks prior to commencement. Seventy Two (72) hours before beginning any work, the contractor shall again notify these residents, by an approved, written notice, of the street closure at Alipaz Street and Del Obispo Street giving dates of the closure and detour details. 2. Dana Mesa Two weeks prior to beginning any work, the contractor shall notify all residents, businesses and agencies by an approved, written notice detailing streets, limits of work to be done, parking, access restrictions, day, date and hours of work. Seventy Two (72) hours prior to beginning any work, the contractor shall again notify all residents, businesses and agencies by an approved, written notice, detailing streets, limits of work to be done, parking, access restrictions, day, date and hours of work. The contractor shall also post all streets 36 hours in advance of work with temporary "No Parking - Tow Away" signs at 100 foot intervals. These signs shall also state the day of the week, hours of no parking and contractor's name. 3. Avenida Aeropuerto Notification to local businesses and street signs notifying the traveling public of the dates of the work will be posted two weeks prior to commencement. ALTERNATE ACTIONS 1. Approve the plans and specifications for Preventative Street Maintenance 1991 - 1992 and authorize Staff to receive bids. 2. Do not approve the plans and specifications. 3. Refer to Staff for additional information. AGENDA ITEM • • April 21, 1992 Page 3 RECOMMENDATION By motion, approve the plans and specifications including hours of work for Preventative Street Maintenance 1991 - 1992 and authorize Staff to receive bids. Respectfully submitted, William M. Huber, P.E. WMH/BP:ssg //EK D/Agenda/BrianAgend November 10, 1992 Sully -Miller Contracting 6145 Santiago Canyon Road Orange, California 92669 Re: Completion of Preventative Street Maintenance 1991-1992 Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held November 3, 1992, adopted Resolution No. 92-11-3-1, accepting the work completed for the 1991-1992 Preventative Street Maintenance Project in the amount of $75,611.07. A copy of Resolution No. 92-11-3-1 is enclosed for your information. The retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on November 5, 1992; therefore, the final payment, in the amount of $7,561.11, may be released on December 10, 1992. Thank you for your cooperation. Very truly yours, Cheryl City Clerk Enclosure cc: Director of Engineering and Building Accounts Payable Brian Perry 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 • 17141 493-1171 MEMBERS OFE UNCI KENNETH E. E. FRIESS JERRY HARRIS mcoeronnnu GARY L HAUSDORFER ivnmvFl 1961 OILJON 1775 JEFF VASOUEZ A - � CITU MANAGER November 10, 1992 Sully -Miller Contracting 6145 Santiago Canyon Road Orange, California 92669 Re: Completion of Preventative Street Maintenance 1991-1992 Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held November 3, 1992, adopted Resolution No. 92-11-3-1, accepting the work completed for the 1991-1992 Preventative Street Maintenance Project in the amount of $75,611.07. A copy of Resolution No. 92-11-3-1 is enclosed for your information. The retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on November 5, 1992; therefore, the final payment, in the amount of $7,561.11, may be released on December 10, 1992. Thank you for your cooperation. Very truly yours, Cheryl City Clerk Enclosure cc: Director of Engineering and Building Accounts Payable Brian Perry 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 • 17141 493-1171 0 PLEASE SIGN, DATE AND RETURN TO THE CITY CLERK'S OFFICE. DOW OiE THANK YOU. to �� '10�111�11 I:I,HHH, 1961 1776 NOTICE TO PROCEED TO: Sully -Miller Contracting Company 6145 Santiago Canyon Road Orange, California 92669 Project: 1991-92 Preventative Street Maintenance Amount of Contract: $77,932.37 MEMBERS OF THE CITY COUNCIL KENNETH E FRIESS JERRY HARRIS GARY HAUSOORFER GIL JONES JEFF VASOUEZ CITY MANAGER STEPHEN B JULIAN You are hereby notified to commence work on the referenced contract on or before September 18, 1992, and to fully complete all of the work of said contract within 45 consecutive calendar days thereafter. Your completion date is November 2, 1992. The contract provides for an assessment of the sum of $250.00 as liquidated damages for each consecutive calendar day after November 2nd that the work remains incomplete. Dated this 18th day of September, 1992. Cheryl Johnsod ( City Clerk ACCEPTANCE OF NOTICE Receipt of the foregoing 'Notice to Proceed is hereby acknowledged by this day of , 1992. 61W)) W -1J1 41 32400 B� 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 • 0 MEMORANDUM TO: Dawn Schanderl, Deputy City Clerk FROM: Brian Perry, Associate Civil Engineer DATE:n�� , 1992 SUBJECT: Notice to Proceed - Pr �- IqqI� 9Z The following information is provided for the Notice to Proceed on the above project: Begin work on: �G-er- !tJ f �[ l Complete in 4-15 calendar days Completion date is: �7 r Liquidated damages are $per 50 BRIAN PERRY, BP(dms "l t I 2( Z 46 30 i CALIF OR IA PRELIMINARY NOTICE IN ACCORDANC TH SECTION 3097 AND 3098, CALIFOR IVIL CODE THIS IS NOT A LIEN, THIS IS NOT A R FLECTION ON THE INTEGRITY OF ANY RACTOR OR SUBCONTRACTOR r L CONSTRUCTION LENDER or Reputed Construction Lender, if any No Lender FOLD HERE OWNER or PUBLIC AGENCY or Reputed Owner (on public work) (on private work) City of Sandean ,:apistrano 32400 Paseo Adel,anto SanivanCapistranc,CA 92615 At -,:Ed Green Construction loan no. FOLD HERE 1014 known) YOU ARE HEREBY NOTIFIED THAT ... 3hN ker.2s,s (name of person or firm furnishing labor, services, equip- ment or material) C3 .:',aparral Cuite 130 (address of person or firm furnishing labor, services, _ Anaha'm, CA 92ECa 1 equipment or material) has furnished or will furnish labor, services, equipment, or materials of the following general description: Rental =auipment (general description of the labor, services, equipment or I NSE7475/ J material furnished or to be furnished) for the building, structure or other work of improvement located at: 'raffic Signal,0e!Obispo (address or description of lob site San J,an Capistrano sufficient for identification) The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: 3,�,4thson Electr'.c (name and address of person or firm) 1959 E. atelia Orange, CA 92667 An estimate of the total price of the labor, services, e ul ment or materials furnished or to be furnished is: _. (Dollar amount must be furnished to construction lander — optional as to owner or contractor) Trust Funds to which Supplemental Fringe Benefits are Payable. (Material men not required to furnish) (name) (address) (name) (address) (name) (address) (name) (address) NOTICE TO PROPERTY OWNER If bills aro not paid in full for the labor, services, equip- ment, or materials furnished or to be furnished, a me- chanic's lien leading to the loss, through court fon- closure proceedings, of all or part of your property being so improved may be placed against the property me 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 the circumstances. Dated: -09'9 �..J �.;A.•k�10.L1.� Gt r signal (title) Telephone Number ( '�14 998-1673 Prepared by: CALIFORNIA RECEIVABLES MANNAAMIENTT 35 0 E PS a Ane Cyn Ad. Analaim, CA 02007 (714) i99 ?S93 �i ` QRIGINAL CONTRACTOR or +mac' Yz tputed Contractor, if any U.; wi- > r�1 J x 4_ -_ uJ00 cc 11l -. 'dully -Miller Contr. Cc, 0 6145 Santiago Cyn Rd. Orange, CA 92569 known) YOU ARE HEREBY NOTIFIED THAT ... 3hN ker.2s,s (name of person or firm furnishing labor, services, equip- ment or material) C3 .:',aparral Cuite 130 (address of person or firm furnishing labor, services, _ Anaha'm, CA 92ECa 1 equipment or material) has furnished or will furnish labor, services, equipment, or materials of the following general description: Rental =auipment (general description of the labor, services, equipment or I NSE7475/ J material furnished or to be furnished) for the building, structure or other work of improvement located at: 'raffic Signal,0e!Obispo (address or description of lob site San J,an Capistrano sufficient for identification) The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: 3,�,4thson Electr'.c (name and address of person or firm) 1959 E. atelia Orange, CA 92667 An estimate of the total price of the labor, services, e ul ment or materials furnished or to be furnished is: _. (Dollar amount must be furnished to construction lander — optional as to owner or contractor) Trust Funds to which Supplemental Fringe Benefits are Payable. (Material men not required to furnish) (name) (address) (name) (address) (name) (address) (name) (address) NOTICE TO PROPERTY OWNER If bills aro not paid in full for the labor, services, equip- ment, or materials furnished or to be furnished, a me- chanic's lien leading to the loss, through court fon- closure proceedings, of all or part of your property being so improved may be placed against the property me 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 the circumstances. Dated: -09'9 �..J �.;A.•k�10.L1.� Gt r signal (title) Telephone Number ( '�14 998-1673 Prepared by: CALIFORNIA RECEIVABLES MANNAAMIENTT 35 0 E PS a Ane Cyn Ad. Analaim, CA 02007 (714) i99 ?S93 PRIVATE WORK DECLARATION OF SERVICE iSeution 3087 ; (c; Calif Civil Code) IF BY MAIL I, ---__. declare : That I served copies of this Preliminary Notice by firstclass registered! certified mail, postage prepaid, on the lender, owner and original contractor at their respective addresses as shown on the reverse side, on rna�m I declare, under penalty of perjury, that the foregoing is hue and correct. Executed on _------ _ _ _--_ _ _ ____ _ _ _ at ___ __— __ ____ ____...___. f;alWit ma ma41 rAM, anu "I.0 rece" is J •eyist2"'i oii rrai. , xirt t ° .. ,::1 , ., v fr, nne . U- + •., • , r. r. �. IF BY PERSONAL SERVICE _ that I served copies of this Preliminary NMice on the pdrnes named on the reverse side at the peaces and on the dales shown below, Owner -------_ -._. .. _ .--- .. Date- .ri:,:.< Contractor _.___ ._ ____ _ _ date _ Date ... 1 de..(arrt. '�ndur penalty of perjury, :hal thea foregoing +s fine and correct - ------ .__..__. at PUBLIC WORK DECLARATION OF SERVICE ,Section 3098 Calif Civil Codex IF_BY_MAIL I, Thai I sear peri copies o! th�rs Pretrminary Notice ny iust class ma.�, u:gis[ered mail a certitied mail. postage prepaid ac9dressed to the puohc agenc•i and to the contactor at the add+esses shown on the rever,e side, on .._.__–.... I der,lare, nnder penaLy of perjury, that the foregoing is true and correct C r:rca itod ort _ ._.. ___.. _ at ._____ .___._________-__ _ CaYorma taa,'r. ic, t'r+' ,i s.. q,:e,w yr conmvd man wiuro'(+' , ",..i,, IF BY PERSONAL SERVICE - 1.declare. That I served copres of this Preliminary Notice on the parties named on the reverse sideat the places and on fhe d;.¢tes shown below PuhhcAgency .---_ __—.._—_._...-----.---------_ __-- Date _. __....---_-...._ _._. . __........... .__. I declam under cenalty of periury, that the toregoing is true and correct. at aaie. CALIFORW PRELIMINARY 20-*CODE Y NOTICE / ff LIFORNIA (PUBLIC AND PRIVATE WORK) IN ACC ANCE WITH SECTION 3097 AND 3098. CA ORIGINAL CONTRACTOR or Reputed Contractor rAl 611W S 40: CANYON, ROAD M this date SEP"EMBER 30, 1992 co ,tract (signalu l d...... ) well An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: J DECLARATION OF SERVICE OF CALIFORNIA PRELIMINARY 20 -DAY NOTICE In Accordance With 13097.1(c) and 3098, California Civil Code 1, GRETCHEN KUSKO ,declare: On the 30th day of SEPTEMBER 1�_Z_ at 4:00 _lL.m., Declarant served the CALIFORNIA PRELIMINARY 20 -DAY NOTICE on the interested parties as follows: (Check applicable box.) x3 By placing a true copy thereof enclosed in a sealed envelope with first-class registered or certified postage prepaid in the United States mail at MENTONE . CA? , addressed as follows: ❑ By delivering a true copy thereof to the parties listed below: ❑ By leaving a true copy thereof at the address or place of business with some person in charge, of the parties whose names and addresses delivered are listed below: (not to be used on public works) I declare under penalty of perjury that the foregoing is true and correct. Executed on S q , 19_, at METRONL' GA. p 'rant YOU ARE HEREBY NOTIFIED THAT... CONSTRUCTION LENDER or p- ,'PRV I CF S FN,!-? OReputed Construction Lender, it any (name and address of person or firm—sender) P'.r,. 3OX 10453 W ii 3RKNAII+SN0, C<1. 9:423-0453 wellhas furnished or will furnish labor, services, equipment or materials of the following general description: N/A . -,. , E ed (general description of tbelabor, services, agwpmanl or mafenals urnis arta lumisb) SLL'RItY ■, ;- „ ., ,,, N + ., _ _ for the building, structure or other work of improvement located at: V11b.0Ud STREETS IN C�0 SAN JUAN (address or description of lob site sufficient for identification) CFOLD HERE O The name of the person or firm who contracted for the purchase of such labor, services, equipment or materials: P SUI,LI PiILLER NOTICE TO PROPERTY OWNER Y If bills are not paid In full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's Ilan loading to the loss, through court foreclosure proceedings, of all or part of your prop - OWNER or PUBLIC AGENCY erty being so Improved may be placed against the property, even though or Reputed Owner (on public work) you have paid your contractor in full. You may wish to protect yourself (on private work) 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 the circumstances. The person or firm giving this notice is required, pursuant to a collec- tive bargaining agreement, to supplemental fringe benefits into an pay express trust fund (described in Civil Code §3111), said fund is iden- C Ii'Y OF SAN JUt%N CAP1 3 TRANO titied as follows: (strike if inapplicable) [ 32400 PASEC ADE,11',NTO ,;/A SAN JUAN C1PIDSTI2ANO, CA. `;2675 (name) LJ (address) FOLD HERE (name) (address) Immel taddrna) ORIGINAL CONTRACTOR or Reputed Contractor rAl 611W S 40: CANYON, ROAD M this date SEP"EMBER 30, 1992 co ,tract (signalu l d...... ) well An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: J DECLARATION OF SERVICE OF CALIFORNIA PRELIMINARY 20 -DAY NOTICE In Accordance With 13097.1(c) and 3098, California Civil Code 1, GRETCHEN KUSKO ,declare: On the 30th day of SEPTEMBER 1�_Z_ at 4:00 _lL.m., Declarant served the CALIFORNIA PRELIMINARY 20 -DAY NOTICE on the interested parties as follows: (Check applicable box.) x3 By placing a true copy thereof enclosed in a sealed envelope with first-class registered or certified postage prepaid in the United States mail at MENTONE . CA? , addressed as follows: ❑ By delivering a true copy thereof to the parties listed below: ❑ By leaving a true copy thereof at the address or place of business with some person in charge, of the parties whose names and addresses delivered are listed below: (not to be used on public works) I declare under penalty of perjury that the foregoing is true and correct. Executed on S q , 19_, at METRONL' GA. p 'rant For your assistance the following complete r' if Section 3097, Section 3097.1 and Section 3098 of the Ca' '--rua Civil Code are hereafter quoted. Should you have any doubt as to the usefulness r , form for your purposes you are urged to consult your o .tormey. § 3097. Preliminary 20 -day notice (private work). Preliminary 20 day notice (private work)means a written notice from a alarmanl that is given prior to the recording of a mechanics nen and prior to the filing of a stop notice, and is required to be given under the following crcurnstances (a) Written preliminary notice. parties. Except one under direct contract with the owner or one pefformmq ncthal labor tar wages. or an express trust fund described in Section 3111 every person who furnishes labor service. equipment or rhatenal for whir n a Tien otherwise Can he claimed under tots title, or nor which a notice to sv.Ihhold can otherwise be green under this title. mast. as a necessary prerequisite to the validity of any claim of Igenand at a notice to withholdcause to be given to the owner or reputed owner, to the original contractor, or reputed contractor, and to the construction lender. if anyor to the reputed construction lender. if any. a writer preliminary notice as prescribed by tills section (b) Construction lender. Except the contractor or one reforming ac!ual labor for wtigesor an express trust fund described nm Section 3111all per- sons who nave a direct contract with the owner and who firmed laborser- vice, equipment, or material for which a lien otherwise can be claimed under this title. or for which a notice to withhold can otherwise be given under this title, mustas a necessary prerequisite to the validity of any claim of hen, and of a notice to withhold, cause to fie given to the construction lender, I any, or to the reputed construction lender. if any, a written preliminary house as prescribed by this section. (c) Time; content; architect, engineer or surveyor. The preliminary notice referred to in subdivisions (a) and (bl shall be given not later than 20 days after The claimant has first furnished laborserviceequipment or materials to the Jpbsde, and shall contain the following information (1) A general description of the labor, serviceequipment, or materials tar- nished. or to be furnished, and if there is a construction lenderhe shall be fur dished with an estimate of the total price thereof in addmon to the foregoing (2) The name and address of such person furnishing such labor, service. equipment, or materials. (3) The name of the person who comforted for purchase of such labor, ser- vice, equipmentor materials. (4) A description at the lobslte sufficient for identification (5) The following statement in boldface type. NOTICE TO PROPERTY OWNER If bills are not paid in lull for the labor- services, equipment, or materials turmshed or to be furnisheda mechanic's hen leading to the loss, through court foreclosure proceedingsof all or part of your property being so improved may be placed against the property even though you have paid your comrac- tor In frill. You may wish to protect yourself against this consequence by (1) requiring your contractor Is 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 the circumstances. (6) If such notice is given by a suocontractor who is required pursuant to a collective-bargaining agreement to pay supplemental fringe benefits into an express trust fund described in Section 3111 such notice shall also contain the Identity and address of such trust lung or funds If an invoice for such materials contains the information required by this section. a copy of such invoicetransmitted in the manner prescribed by this section shall be sufficient notice. A certificated architectregistered engineeror licensed land surveyor who has furnished services for the design of the work of improvement and who gives a preliminary notice as provided in this section not later than 20 days after the work of improvement has commenced shall be deemed to have core plied with subdivisions (a) and (b) with respect to architectural, engineering, or surveying services furnished, or to be furnished. (d) Election not to give preliminary notice; subsequent rights. If labor, ser- vice. equipment, or materials have been furnished to a lobsite by a person who elected not to give a preliminary notice as provided in subdivision (a) or (n), such person shall not be precluded from giving a preliminary nonce not later than 20 days after furnishing other Tabor, service, equipment, or materials to the same lobslte Such person shall, however, be entitled to claim a lien and a notice to withhold only for such labor, service, equipment, or material furnished within 20 days prior to the service of such notice, and at any time thereafter. (a) Waiver. Any agreement made or entered into by an ownerwhereby the owner agrees to waive the rights or privileges conferred upon him by this section shall be vola and of no effect (t) Service. The notice required under this seclen may be served as follows ( 1 ) If the person to be notified resides in this state, by delivering the notice personally, or by leaving it at his address of residence or place of business with some person in charge or by first-class registered or certified mall, postage prepaid, addressed to the person to whom notice Is to be given at his residence or place of business address or at the address shown by the budding permit on file with the authority issuing a budding permit for the work, or at an address recorded pursuant to subdivision (t) of this section (2) It the person to be notified does not reside in this state. by any method enumerated in paragraph (JI of this subdivision- If such person cannot be served by any of such methodsthen notice may he given by first-class cer- fitied or registered mailaddressed to the construction lender or to the original contractor (3jWhen service is made by first-class certified or registered mad, service Is complete at the time at the deposit of such registered or certified marl (g) Single notice; additional material, service, labor or equipment. A per son required by this section to give notice to the owner and to an original can - tractor, and to a person to whom a notice to withhold may be givenneed give only one such notice to owner, and to the original contractor and to the per- son to whom a notice to withhold may be given with respect to all materials. service labor, or equipment he furnishes for a work of improvement, which means the entire structure or scheme of imp,ovements as a whole, unless the same is furnished under contracts with more than one subcontractor, in which event, the notice requirements mus' ,e me! fill respect to materials, services, labor, or equipment furnished tc x -h such contractor If a notice contains a general descrinior I, -ed by subdivision (a) or (Ill of the materials, services, labor, or equipment furnished to the date of notice. It is not defecirve becauseafter such date, the person giving notice fur- nishes materials. services, labor, or equipment not within the scope of such general description (h) Disciplinary action against contractors and subcontractors. Where the contract price' to be paid to any subcontractor on a particular work of improvement exceeds four hundred dollars ($400). the failure of that contrac- tor, licensed under Chapter 9 (commencing with Section l000) of Division 3 of the Business and Professions Code to give the notice provided for in this section, constitutes grounds for disciplinary action by the Registrar of Contractors. Where such notice is required to contain the information set forth m paragraph (fi) of subdivision (r.l. a Judaic to gee such notice, rnoluding such information that results ui the filing of a hen m the delivery of a stop notice by the express trust fund to which such obligaron is owing constitutes grounds for the disciplinary action by the Rhmi r lr of Contractors against the suhco rods or it the amount due such trust fund is not paid (i) Construction lender. designation or permit application. Every city, county city and county. or other governmeft:d authority issuing building permits shall in its dpplii torn for a buddmq permit. provide space and a designation for the auphcant to unfair the i .:nu branchdesignation, it any, and address of the construction lender and I i, keep the information on file open for pool( inspection during the regular hur.ess hours of the authority. If there is nu known construction lend, f ct shun be noted in such designated space Any failure to indicate lie r..iru and address of the con struetmn lender on such application. however, ;hail not relieve any person from the obligation to give to the constructed lender the notice required by tills section (j) Designation of mortgage, deed of trust or other instrument securing loan. A mortgage deed of trustor other instrument securing a loan, any of the proceeds e1 which may he used for the. purpose of constructing improve- ments on Tedi propnrty, shall bear the designation "Construction Trust Deed- prominently on its face and shall slate all of the fallowing (1) the name and address of the lenderand the name and address of the owner of the real property described in the instrument. and (2) a legal description of the real property which secures the loan and, If knownthe street address of the property 1 he failure to be so designated or to state any of the information required by this subdivision shall not affect the validity of any such mortgage. deed of trust, or other instrument Failure to provide such information on such an instrument when recorded shall not relieve persons required to give preliminary force under this section from such duty The county recorder of the county in which such instrument is recorded shall indicate in the general index of the official records of the county that such instrument secures a construction loan (k) Trust fund and lender; supplementary fringe benefits. Every contractor and subcontractor who is required pursuant to a collective-bargaining agree- ment to pay supplementary fringe benefits into an express trust fund described in section 3111, and who has failed to do reshot cause to be given to such fund and to the construction lender, if any, or to the reputed construction lender, if any, not later than the dale such payment due to such fund became delmquenl, a written notice containing. (1) The name of the owner and the contractor 12) A description of the Jobsde sufficient for identification. (3) The identity and address of the express trust fund. (4) The total number of straight time and overtime hours an each such job, payment for which the contractor or subcontractor Is delinquent to the express trust. (5) The amount then past due and owing Failure to give such notice shall constitute grounds for disciplinary action by the Registrar of Contractors. (1) Contract; name and address of owner; information to person seeking to serve notice. Every written contract entered into between a property owner and an original contractor shall provide space for the owner to enter his name and address of residence, and place of business it any The original contrac- tor shall make available the name and address of residence of the owner to any person seeking to serve notice required by this section. §3097.1 Proof of service of preliminary 20 -day notice, proof of service affi- davit; receipt. Proof that the preliminary 20 day notice required by section 3097 was served in accordance with subdivision (f) of Section 3097 shall be made as follows (a) It served by mall, by the proof of service affidavit described in subdivi sen (cI of this section accompanied either by the return receipt of certified or registered mad, or by a photocopy of the record of delivery and receipt main - formed by the post office, showing the date of delivery and to whom delivered, or, in the event of nondelivery, by the returned envelope itself. (b) It served by personally delivering the notice to the person to be notified, or by leaving it at his address or place of business with some person in charge, by the proof at service affidavit described in subdivision (c). (c) A "proof of service affidavit" tis an affidavit of the person making the service, showing the franc, place and manner of service and facts showing that such service was made in accordance with Section 3097. Such affidavit shall show the name and address of the person upon whom a copy of the pre - limmary 20 -day notice was served, and, if appropriate, the title or capacity in which he was served. §3098. Preliminary 20 -day notice (public work), stop notice; service; dis- ciplinary action; exemption for express trust fund. "Preliminary 20 day notice (public work), stop notice" means a written notice from a claimant that was given prior to the filing of a stop notice on public work, and Is required to be given under the following circumstances. (a) In any case In which the law of this state affords a fight to a person fur - nishmq labor or materials for a public work who has not been pard therefor to file a stop notice with the public agency concerned, and thereby cause the withholding of payment from the contractor for the public work, any such person having no direct contractual relationship with the contractor, other than a person who performed actual labor for wages or an express trust fund described in Section 3111, may file such a nonce, but no payment shall be withheld from any such contractor, pursuant to any such notice, unless such person has caused written notice to he given to such contractor. and the public agency concerned, not later than 20 days after the claimant has first furnished labor, services, equipmentor materials to the tonsure stating with substantial accuracy a general description of labor, service, equipment, or materials furnished or to be furnishedand the name of the party to whom the same was furnished Such nonce shall be served by madmg the same by first-class mad, registered mail or certified mail, postage prepaid, in an envelope addressed to the contractor at any place he maintains an office or conducts his business, or his residence, or by personal service. In case of any public works constructed by the Department of Public Works or the Department of General Services of the state, such notice shall be served by mailing in the same manner as above, addressed to the office of the disburs- rng officer of the department constructing the work, or by personal service upon such officer- When service is by registered or certified marl, service is complete at the time of the deposit of the registered or certified mail (b) Where the contract price to be pard to any subcontractor an a particular work of improvement exceeds tour hundred dollars ($400), the failure of that contractor, licensed under Chapter 9 (commencing with Section 7000) at Division 3 of the Business and Professions Code, to give the notice provided for in this section, constitutes grounds for disciplinary action by the Registrar of Contractors (c) The notice requirements of this section shall not apply to an express trust fund described in, Section 3111_ O W N E R CALIFOR*A PRELIMINARY 20 -%►Y NOTICE J'\ (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE CONSTRUCTION LENDER or Reputed Construction Lender, if any CFOLDHEHE O P Y OWNER or PUBLIC AGENCY or Reputed Owner (on public work) (on private work) I_ THE CITY OF 1AN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 L- J FOLD HERE ORIGINAL CONTRACTOR or Reputed Contractor YOU ARE HEREBY NOTIFIED THAT... ROADWAY CONSTRUCTION CO., INC. 4101 WES ERLYatlPLAeE. efSrUITE 1101 NEWPORT BEACH, CA 92660 has furnished or will furnish labor, services, equipment or materials of the following general description: TRUCK AND EQUIPMENT RENTAL (gemral description of the law, services, equipment or materials furnished or to he furnished) for the building, structure or other work of improvement located at: 1991-1992 PREVENTATIVE STREET MAINT NA'igC$"rslioVATbft"11ft'tMS The name of the person or firm who contracted for the purchase of such labor, services, equipment or materials: SULLY—MILLER CONTRACTING COMPANY NOTICE TO PROPERTY OWNER It blfls are riot paid M his for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the Iowa, through court foreclosure proceedings, of all or part of your prop- erty 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 the circumstances. The person or firm giving this notice is required, pursuant to a collec- tive bargaining agreement, to pay supplemental fringe benefits into an express trust fund (described in Civil Code §31U), said fund is del filled as follows: (strike it inapplicable) (adorers) (address) E aoressl 29, 1992 Mailed is daj�: ��—� SECRETARY (algnaturel (title) An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: DECLARATION OF SERVICE OF CALIFORNIA PRELIMINARY 20 -DAY NOTICE In Accordance With g3097.1(c) and 3098, California Civil Code DEBBIE MARTINEZ declare: On the 29TH day of SEPTEMBER 1992, at 4'00 P .m., Declarant served the CALIFORNIA PRELIMINARY 20 -DAY NOTICE on the interested parties as follows: (Check applicable box.) "By placing a true copy thereof enclosed in a sealed envelope with first-class registered or certified postage prepaid in the United States mail at NEWPORT BEACH POST OFFICE addressed as follows: AS ADDRESSED ABOVE ❑ By delivering a true copy thereof to the parties listed below: (�f i f ❑ By leaving a true copy thereof at the address or place of business with some person in charge, of the parties whose names and addresses delivered are listed below: (not to be used on public works) I declare under penalty of perjury that the foregoing is true and correct. Executed on SVTE_ FR ;I at NEWPORT BEACH CALIFORNIA!-' G)1� Oect t WOLCOTTS FORM 15100(0uadruplecal), Rae.? -Bib (price class 130) ©1961 WOLCOTTS, INC. (PLEASE NOTE REVERSE SIDE) For your assistance the following complete text of Section 3097, Section 3097.1 and Section 3098 of the California Civil Code are hereafter quoted. Should you have any doubt as to the usefulness of this form for your purposes you are urged to consult your own attorney. § 3097. Preliminary 20 -day notice (privat k). ''Preliminary 20 -day notice (private work)" means a written notice „um a claimant that is given prior to the recording of a mechanic's lien and prior to the filing of a stop notice, and is required to be given under the fallowing circumstances: (a) Written preliminary notice; parties. Except one under direct contract with the owner or one performing actual labor for wages, or an express trust fund described in Section 3111, every person who furnishes labor. service, equipment, or material for which a lien otherwise can be claimed under this title, or for which a notice to withhold can otherwise be given under this title, must, as a necessary prerequisite to the validity of any claim of lien, and of a notice to withhold, cause to be given to the owner or reputed owner, to the original contractor, or reputed contractor, and to the construction lender, if any, or to the reputed construction lender, if any, a written preliminary notice as prescribed by this section. (b) Construction lender. Except the contractor, or one performing actual labor for wages, or an express trust fund described in Section 3111, all per- sons who have a direct contract with the owner and who furnish labor, ser- vice, equipment, or material for which a lien otherwise can be claimed under this title, or for which a notice to withhold can otherwise be given under this title, must, as a necessary prerequisite to the validity of any claim of lien, and of a notice to withhold, cause to be given to the construction lender, it any, or to the reputed construction lender, if any, a written preliminary notice as prescribed by this section. (c) Time; content; architect, engineer or surveyor. The preliminary notice referred to in subdivisions (a) and (b) shall be given not later than 20 days after the claimant has first furnished labor, service, equipment, or materials to the jobsite, and shall contain the following information: (1) A general description of the labor, service, equipment, or materials fur- nished, or to be furnished, and if there is a construction lender, he shall be fur- nished with an estimate of the total price thereof in addition to the foregoing. (2) The name and address of such person furnishing such labor, service, equipment, or materials. (3) The name of the person who contracted for purchase of such labor, ser- vice, equipment, or materials. (4) A description of the jobsite sufficient for identification. (5) The following statement in boldface type: NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, 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 contrac- tor 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 the circumstances. (6) If such notice is given by a subcontractor who is required pursuant to a collective-bargaining agreement to pay supplemental fringe benefits into an express trust fund described in Section 3111, such notice shall also contain the identity and address of such trust fund or funds. If an invoice for such materials contains the information required by this section, a copy of such invoice, transmitted in the manner prescribed by this section shall be sufficient notice. A certificated architect, registered engineer, or licensed land surveyor who has furnished services for the design of the work of improvement and who gives a preliminary notice as provided in this section not later than 20 days after the work of improvement has commenced shall be deemed to have com- plied with subdivisions (a) and (b) with respect to architectural, engineering, or surveying services furnished, or to be furnished. (d) Election not to give preliminary notice; subsequent rights. If labor, ser- vice, equipment, or materials have been furnished to a jobsite by a person who elected not to give a preliminary notice as provided in subdivision (a) or (b), such person shall not be precluded from giving a preliminary notice not later than 20 days after furnishing other labor, service, equipment, or materials to the same jobsite. Such person shall, however, be entitled to claim a lien and a notice to withhold only for such labor, service, equipment, or material furnished within 20 days prior to the service of such notice, and at any time thereafter. (e) Waiver. Any agreement made or entered into by an owner, whereby the owner agrees to waive the rights or privileges conferred upon him by this section shall be void and of no effect. (t) Service. The notice required under this section may be served as follows: (1) If the person to be notified resides in this state, by delivering the notice personally, or by leaving it at his address of residence or place of business with some person in charge, or by first-class registered or certified mail, postage prepaid, addressed to the person to whom notice is to be given at his residence or place of business address or at the address shown by the building permit an file with the authority issuing a building permit for the work, or at an address recorded pursuant to subdivision (j) of this section. (2) If the person to be notified does not reside in this state, by any method enumerated in paragraph (1) of this subdivision. If such person cannot be served by any of such methods, then notice may be given by first-class cer- tified or registered mail, addressed to the construction lender or to the original contractor. (3) When service is made by first-class certified or registered mail, service is complete at the time of the deposit of such registered or certified mail. (g) Single notice; additional material, service, labor or equipment. A per- son required by this section to give notice to the owner and to an original con- tractor, and to a person to whom a notice to withhold may be given, need give only one such notice to owner, and to the original contractor and to the per- son to whom a notice to withhold may be given with respect to all materials, service, labor, or equipment he furnishes for a work of improvement, which means the entire structure or scheme of improvements as a whole, unless the same is furnished under contracts with more than one subcontractor, in which event, the notice requirements must be met with respect to materials, services, labor, or equipment furnished to each such contractor. If a notice contains a general description required by subdivision (a) or (b) of the materials, services, labor, or equipment furnished to the date of notice, it is not defective because, after such date, the person giving notice fur- nishes materials, services, labor, or equipment not within the scope of such general description. (h) Disciplinary action against contractors and subcontractors. Where the contract price to be paid to any subcontractor on a particular work of improvement exceeds four hundred dollars ($400), the failure of that Contrac- tor, licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, to give the notice provided for in this section, constitutes grounds for disciplinary action by the Registrar of Contractors. Where such notice is sired to contain the information set forth in paragraph (6) of subdivision (c), a failure to give such notice, including such Information, that results in the filing of a lien or the delivery of a stop notice by the express trust fund to which such obligation is owing constitutes grounds for the disciplinary action by the Registrar of Contractors against the subcontractor it the amount due such trust fund is not paid. (i) Construction lender; designation or permit application. Every city, county, city and county, or other governmental authority issuing building permits shall, In Its application form for a building permit, provide space and a designation for the applicant to enter the name, branch, designation, if any, and address of the construction lender and shall keep the information on file open far public inspection during the regular business hours of the authority. If there is no known construction lender, that fact shall be noted in such designated space. Any failure to indicate the name and address of the con- struction lender on such application, however, shall not relieve any person from the obligation to give to the construction lender the notice required by this section, (j) Designation of mortgage, deed of trust or other instrument securing loan. A mortgage, deed of trust, or other instrument securing a loan, any of the proceeds of which may be used for the purpose of constructing improve- ments on real property, shall bear the designation "Construction Trust Deed'' prominently on its face and shall state all of the following: (1) the name and address of the lender, and the name and address of the owner of the real properly described in the instrument, and (2) a legal description of the real property which secures the loan and, if known, the street address of the property. The failure to be so designated or to state any of the information required by this subdivision shall not affect the validity of any such mortgage, deed of trust, or other instrument. Failure to provide such information an such an instrument when recorded shall not relieve persons required to give preliminary notice under this section from such duty. The county recorder of the county in which such instrument is recorded shall indicate in the general index of the official records of the county that such instrument secures a construction loan. (k) Trust fund and lender; supplementary fringe benefits. Every contractor and subcontractor who is required pursuant to a collective-bargaining agree- ment to pay supplementary fringe benefits into an express trust fund described in Section 3111, and who has failed to do so shall cause to be given to such fund and to the construction lender, if any, or to the reputed construction lender, if any, not later than the date such payment due to such fund became delinquent, a written notice containing: (1) The name of the owner and the contractor. (2) A description of the jobsite sufficient for identification. (3) The identity and address of the express trust fund. (4) The total number of straight time and overtime hours on each such job, payment for which the contractor or subcontractor is delinquent to the express trust. (5) The amount then past due and owing. Failure to give such notice shall constitute grounds for disciplinary action by the Registrar of Contractors. (1) Contract; name and address of owner; information to person seeking to some notice. Every written contract entered into between a property owner and an original contractor shall provide space for the owner to enter his name and address of residence; and place of business it any. The original contrac- tor shall make available the name and address of residence of the owner to any person seeking to serve notice required by this section. §3097.1 Proof of service of preliminary 20 -day notice, proof of service affi- davit; receipt. Proof that the preliminary 20 -day notice required by Section 3097 was served in accordance with subdivision (f) of Section 3097 shall be made as follows: (a) If served by mail, by the proof of service affidavit described in subdivi- sion (c) of this section accompanied either by the return receipt of certified or registered mail, or by a photocopy of the record of delivery and receipt main- tained by the past office, showing the date of delivery and to whom delivered, or, in the event of nondelivery, y the returned envelope itself. (b) It served by personally delivering the notice to the person to be notified, or by leaving it at his address or place of business with some person in charge, by the proof of service affidavit described in subdivision (c). (c) A "proof of service affidavit" is an affidavit of the person making the service, showing the time, place and manner of service and facts showing that such service was made In accordance with Section 3097. Such affidavit shall show the name and address of the person upon whom a copy of the pre- liminary 20 -day notice was served, and, if appropriate, the title or capacity in which he was served. §3098. Preliminary 20 -day notice (public work stop stop notice; service; dill effrontery action; exemption for express hest (Lund. "Pretimmary 20 -day notice (public work), stop notice'' means a written notice from a claimant that was given prior to the filing of a stop notice on public work, and is required to be given under the following circumstances: (a) In any case in which the law of this state affords a right to a person fur- nishing labor or materials for a public work who has not been paid therefor to file a stop notice with the public agency concerned, and thereby cause the withholding of payment from the contractor for the public work, any such person having no direct contractual relationship with the contractor, other than a person who performed actual labor for wages or an express trust fund described in Section 3111, may file such a notice, but no payment shall be withheld from any such contractor, pursuant to any such notice, unless such person has caused written notice to be given to such contractor, and the public agency concerned, not later than 20 days after the claimant has first furnished labor, services, equipment, or materials to the jobsite, stating with substantial accuracy a general description of labor, service, equipment, or materials furnished or to be furnished, and the name of the party to whom the same was furnished. Such notice shall be served by mailing the same by first-class mail, registered mail, or certified mail, postage prepaid, in an envelope addressed to the contractor at any place he maintains an office or conducts his business, or his residence, or by personal service. In case of any public works constructed by the Department of Public Works or the Department of General Services of the state, such notice shall be served by mailing in the same manner as above, addressed to the office of the disburs- ing officer of the department constructing the work, or by personal service upon such officer. When service is by registered or certified mail, service is complete at the time of the deposit of the registered or certified mail. (b) Where the contract price to be paid to any subcontractor on a particular work of improvement exceeds four hundred dollars ($400), the failure of that contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, to give the notice provided for in this section, constitutes grounds for disciplinary action by the Registrar of Contractors. (c) The notice requirements of this section shall not apply to an express trust fund described in Section 3111. CAL ORNIA PRELIMINARY NOTICE IN ACCORD/ WITH SECTION 3097 AND 3098, CALIFO CIVIL CODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY C (RACTOR OR SUBCONTRACTOR CONSTRUCTION LENDER or Reputed Construction Lender, if any f. eY# } # I , } ,,"- If t. l I, r,UR 9AIION CONTAINED HEREIN IS INCORRECT, PLEASE CONTACT THE UNDER- SIGNED: 714/894.1988 OWNER or PUBLIC AGENCY or Reputed Owner (on public work) (on private work) City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 CConstruction loan no. J W Y - F-1 'ERE ORIGINAL CONTRACTOR or Reputed Contractor, if any, r J (if known) YOU ARE HEREBY NOTIFIED THAT ... BWLES MATERIALS (name of person or firm furnishing labor, services, equip- ment or material) (address of person or firm furnishing labor, services, - I'ANTCN (A 9L'b8U equipment or material) has furnished or will furnish labor, services, equipment or materials of the following general description: CL II AUGHEGA.'rl; SASE (general description of the labor, services, equipment or material furnished or to be furnished) for the building, structure or other work of improvement located at: Preventative St Maintenance (address or description of job site 7.991-92,Various Locati.l 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 Contractina Co. (name and address of person or firm) 6145 santiaao Canyon Goad Oranae, CA 92669 An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: $A _ . (Dollar amount must be furnished to construction lender - optional as to owner or contractor) Trust Funds to which Supplemental Fringe Benefits are Payable. (Material men not required to furnish) (address) (name) (address) (name) (address) (name) (address) NOTICE TO PROPERTY OWNER If hills are not paid In full for the labor, services, equipment, or materials furnished or to he furnished, a mechanic's lien leading to the loss, through court foreclosure proceeedings, 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 (11 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 the circumstances. Dated: 41,W tt}erobBr 28,, 1992 %f%/Q!,%i��%%yi/�955t. Cr. Mgr. signature (title) Telephone Number ( 714) 894-1988 This form (No. 594 Revised 1/80) 0 Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 251-1100 719 OF hnaellanr A. Fill aul brm msnplelery and legibly. U. typawrirer If possible. B. besmf3 pen�arll a mber may M abuI — rhe Covnly Assessor. C CeN(m m Gvil Lade SrlYon gLe filed N whh me Courcy Recordei s ORim pmsuom to %00.30 DATE 4.0 g. lE• 1992 ASSESSORS PARCEL NO. IOU ARE HEREBY NOTIFIED: MAT THE U IDE& GNED HAS FURNISHED OR WILL FURNISH LABOR SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION J It S S'�gn Comeany, Inc.DEB�¢vnono M,`alnLirinr marici )i E3 bt Kai-filla Ave (ADDRFss) INDIVIDUAL OR FIRM fC - �i 94, (STAT E) (ZIP) BY:, .?-✓<Hy �' "`t.r..c.<r:t•�._� PrEVentati Ye Stm!tat Iain—. (SIGNATURE{Sohn Pert CII,' (ADDRESS OF BUILDING, STRI1Ql1Br WORK OR IMPROVEMENT( 9rt-�wnt n o�g2 Sar Juan Capistrano, CA ��rrtlE) E(�oY �� Icitt) fsiATE) jZIP) � qE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF SUCH LABOR, SERVICE, EQUIPMENT OR MATERIAL Sully_Mi11er• 6145 Santiago Canyon Rd., Orange, CA 92.669 City of Sten Juan Capittrann TO: EPUOOWDNOER, 32400 Paseo Adelanto OR WBUC AGENCY San Juan C,Apistrano, CA 92675 �wTeACTQR 6145 Santiago Canyon Road OR REPUTED Lorin NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a me.lmni,' • lien leading to the loss, through court foreclosure proceedings, of all or part N your proper. ty being a improved may be placed against the property even though you have paid your contractor M full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed releaw by the person or giving you this notice before making payment to your contractor or (2) any olbr mNhod or device which Is appropriate under the cimumstancas. I TRUST FUNDS TO WNGN SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE NAME ADDRESS NAME ADDRESS NAME ADDRESS (MATERIAL MEN NOT REQUIRED TO FURNISH THE ABOVE) NOTICE TO CONSTRUCTION LENDER ONLY ESTIMATED TOTAL PRICE OF THE LABOR, SERVICES, EQUIPMENT OR I�5I�M��A11TEIRIIAALs�LS� DESCRIBED HEREON. p Y1il 10I l •' PROOF OF SERVICE AFFIDAVIT (SECTION 9 .1, CAUFORNIA CIVIL CODE) declare that I served copies of the above PRELIMINARY NOTICE (check appropriate box). (a) ® Ey personally dBlivering Copies to at (namels) and ttk(s) of er parson sved) (address) .on 19 at— I) I1--11 I�4 (tom) 10 (b) By Fhgr Class Centi!fied or (Registered Moil service, postage prepaid, addressed to each of the parties at the address shown above On August 19 ,I9 92 Aare Under pBnlslty of perjury that the foregoing is Rue and correct. Signed at nranga , California, on 46F!Ibst T n 19 q - RECEIPTS OF CERTIFIED OR REGISTERED MAR. WHEN 4W9 LVLT PAK (M SETS( 4148 CEWIFICATE OF 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 ISSUE DATE (MM/DD/YY) 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 POLICY EFFECTIVE Company D Letter Company E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. E NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF U N POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLI IMS. co Lir TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY ALL LIMITS IN THOUSANDS DATE(MMMO/YY) EXPIRATION DATE (MM/DD/YY) General Liability GENERAL AGGREGATE $10,000, PRODUCTS-COMPIOPS AGGREGATE' A N Commercial General Liability CGL 1423786 4-1-92 4-1-93 $10,000, ..: PERSONAL & ADVERTISING INJURY ❑ Claims Made N Occurrence $5,000, EACH OCCURRENCE r-1Owners & Contractors Protective $5,000, DAMAGE (ANY ONE FIRE) ElFIRE $50, MEDICAL EXPENSE (ANY ONE S5 PERSON) Automobile Liability Com oomad $5,000, A N Any Auto TAP 1423787 - TX Limit y ❑All Owned Autos BAP 1423785-0/S 4-1-92 4-1-93 Bodll Injury yarson) ❑ Scheduled Autos (Per P $ k 1s .. N Hired Autos o N Non -owned Autos Bodil Injury $ ❑ Garage Liability IAoc deny Property{ $ ❑ Damage Excess Liability i ( Occurrence Aggregate ❑ Umbrella Form s ❑ Other Than Umbrella Form '(:�.: $ $ Self Insured by State Statutory Workers' Compensation And of California Cert. $ Each Accident Employers' Liability No. 1130 $ Disease -Polis Limit $ Disease Each Employee) Other Description of Operations/LocationsNehicles/Special Items PREVEN ATIVE STREET MAINIENANCE 1991c1992. CITY OF SAN JOAN CAPISTRANO IS NAMED AS ADDITIONAL INSUREDAAS RESPECTS SULLY MILLER CONTRACPING OCMPANY'S OPERATIONS ONLY. CITY OF SAN JUAN CAPISTRANO 32400 PASS D ADELANT'0 SAN JUAN CAPIST'RAN) , CA 92675 C-01 AJG 6186 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL" MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Authorized Representative dam,« IM r lf� 6arz. 0 LIABILITY ENDORSEMEP CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San 3uan Capistrano, California 92675 ATTN: A. POLICY INFORMATION Endorsement # r- 1. Insurance Company ZURICH INS. CO. ; Policy Number CGL 1423786 2. Policy Term (From) 4=1^92 (To) 4c1r93 ;Endorsement Effective Date 6r24c92 3. Named Insured SULLY MILLER CONTRACTING COMPANY 4. Address of Named Insured 3000 E. SOUTH STREET LONG BEACH CA 90805 5. Limit of Liability Any One Occurrence Aggregate 5.000.000.00 10.000.000.00 General Liability Aggregate (check one:) Applies "per location/ project" Is twice the occurrence limit 6. Deductible or Self -Insured Retention (Nil unless otherwise specified} Coverage is equivalent to: Comprehensive General Liability form GL0002 (Ed 1/73) X Commercial General Liability "claims -made" form CG0002 8. Bodily Injury and Property Damage Coverage is: "claims -made" X "occurrence" If claims -made, the retroactive date is B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The City, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the 'lamed Insureds scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it. (OVER) 3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Of Tice form number GL 0404 Broad Form comprehensive General Liability endorsement; or (2) Insurance Services Office Commercial General Liability Coverage, 'occurrence" form CG 0001 or "claims -made" form CG 0002; or (3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding sections (1) and (2). 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. 3. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its elected or appointed officers, officials, employees or volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shalt not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATTN: SAFETY DEPARTMENT (Title) (Department) SULLY MILLER CONTRACTING COMPANY (Company) 3000 E. SOUTH STREET Street Address LONG BEACH, CA 90805 City State Zip Code) Telephone D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, JAMES M. HIGBEE (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. SIG TURE OF AUTHORIZED R15PRESENTATIVE (original signature required on endorsement furnished to the City) Q2Ct1NIZATICN: ARTHUR J. GALLAGHER & CO. TITLE: AREA PRESIDENT ACCRESS: 12221 MERIT DR. #670 DALLAS. TX 75251 TELEPH2SE: (214) 991e3700 0 O N u-3..oa" 'tj cc O -Z a . ti Ea 'E oN r -i < 49113s .8 .5q `u..oum m� Z F Z , "' 1� F o oaQ��E° j7oy auo�y° O W ° _$d�e� G gyp, W r, U � 4Cd e'°° z w wN ti~ 0 0 0 O M� 0 rL F _ �._� y$ JO r p.1 F.i N t�/1 W pcd E4y yL CO u=i Q lu-� "gg °�N Orro W 07.! U m 4 M uffSS �aEi$2o~o U. Z O cmc U= = Wi y ry 0 o o � 3 ;'gv 53 Z < OZ lL 8. N O ,8'u'unEC fi F4. O W L) V + o f/] 0 =.,C 0 Fa -0 tn o43 z Z 0 La. W O O O ' cC 0 N:?90�'m ' N g� I .,3 O ai 't7 <' y o� `-� F Cai 7 d .,I �°•SE;JaW a. w ° 0 Cdo� U C') r� U Cd LLS H B l E^ c3 �+ a O M O " �u?2 W 43 E9�".0 o cu Fri rl y N m_ yy •'ceIH a a °c* I Preventative Street Maintenan•(1991-1992) Mailing List Resident 32002 Via Tonada San Juan Capistrano, CA 92675 Resident 32032 Via Tonada San Juan Capistrano, CA 92675 Resident 32062 Via Tonada San Juan Capistrano, CA 92675 Resident 32021 Via Tonada San Juan Capistrano, CA 92675 Resident 32051 Via Tonada San Juan Capistrano, CA 92675 Resident 32085 Via Tonada San Juan Capistrano, CA 92675 Resident 32075 Via Tonada San Juan Capistrano, CA 92675 Resident 32065 Via Tonada San Juan Capistrano, CA 92675 Resident 32012 Via Tonada San Juan Capistrano, CA 92675 Resident 32042 Via Tonada San Juan Capistrano, CA 92675 Resident 32001 Via Tonada San Juan Capistrano, CA 92675 Resident 32031 Via Tonada San Juan Capistrano, CA 92675 Resident 32093 Via Tonada San Juan Capistrano, CA 92675 Resident 32083 Via Tonada San Juan Capistrano, CA 92675 Resident 32073 Via Tonada San Juan Capistrano, CA 92675 Resident 32061 Via Tonada San Juan Capistrano, CA 92675 . Page 1 Resident 32022 Via Tonada San Juan Capistrano, CA 92675 Resident 32052 Via Tonada San Juan Capistrano, CA 92675 Resident 32011 Via Tonada San Juan Capistrano, CA 92675 Resident 32041 Via Tonada San Juan Capistrano, CA 92675 Resident 32091 Via Tonada San Juan Capistrano, CA 92675 Resident 32081 Via Tonada San Juan Capistrano, CA 92675 Resident 32071 Via Tonada San Juan Capistrano, CA 92675 Resident 32072 Via Tonada San Juan Capistrano, CA 92675 Resident Resident Resident 32082 Via Tonada 32092 Via Tonada 32102 Via Viente San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Preventative Street Maintenan• (1991-1992) Mailing List Resident 32106 Via Viente San Juan Capistrano, CA 92675 Resident 32122 Via Viente San Juan Capistrano, CA 92675 Resident 32134 Via Viente San Juan Capistrano, CA 92675 Resident 32144 Via Viente San Juan Capistrano, CA 92675 Resident 32154 Via Viente San Juan Capistrano, CA 92675 Resident 32164 Via Viente San Juan Capistrano, CA 92675 Resident 32133 Via Viente San Juan Capistrano, CA 92675 Resident 32123 Via Viente San Juan Capistrano, CA 92675 Resident 32112 Via Viente San Juan Capistrano, CA 92675 Resident 32126 Via Viente San Juan Capistrano, CA 92675 Resident 32136 Via Viente San Juan Capistrano, CA 92675 Resident 32146 Via Viente San Juan Capistrano, CA 92675 Resident 32156 Via Viente San Juan Capistrano, CA 92675 Resident 32166 Via Viente San Juan Capistrano, CA 92675 Resident 32131 Via Viente San Juan Capistrano, CA 92675 Resident 32121 Via Viente San Juan Capistrano, CA 92675 • Page 2 Resident 32116 Via Viente San Juan Capistrano, CA 92675 Resident 32132 Via Viente San Juan Capistrano, CA 92675 Resident 32142 Via Viente San Juan Capistrano, CA 92675 Resident 32152 Via Viente San Juan Capistrano, CA 92675 Resident 32162 Via Viente San Juan Capistrano, CA 92675 Resident 32135 Via Viente San Juan Capistrano, CA 92675 Resident 32125 Via Viente San Juan Capistrano, CA 92675 Resident 32115 Via Viente San Juan Capistrano, CA 92675 Resident Resident Resident 32113 Via Viente 32111 Via Viente 32105 Via Viente San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Preventative Street Maintenano 1991-1992) Mailing List . Resident 32103 Via Viente San Juan Capistrano, CA 92675 Resident 31752 Via Belardes San Juan Capistrano, CA 92675 Resident 31736 Via Belardes San Juan Capistrano, CA 92675 Resident 31722 Via Belardes San Juan Capistrano, CA 92675 Resident 31751 Via Belardes San Juan Capistrano, CA 92675 Resident 26465 Calle Rio Vista San Juan Capistrano, CA 92675 Resident 26451 Calle Rio Vista San Juan Capistrano, CA 92675 Resident 26462 Calle Rio Vista San Juan Capistrano, CA 92675 Resident 32101 Via Viente San Juan Capistrano, CA 92675 Resident 31746 Via Belardes San Juan Capistrano, CA 92675 Resident 31732 Via Belardes San Juan Capistrano, CA 92675 Resident 31731 Via Belardes San Juan Capistrano, CA 92675 Resident 31755 Via Belardes San Juan Capistrano, CA 92675 Resident 26461 Calle Rio Vista San Juan Capistrano, CA 92675 Resident 26452 Calle Rio Vista San Juan Capistrano, CA 92675 Resident 26466 Calle Rio Vista San Juan Capistrano, CA 92675 Page 3 Resident 31756 Via Belardes San Juan Capistrano, CA 92675 Resident 31742 Via Belardes San Juan Capistrano, CA 92675 Resident 31726 Via Belardes San Juan Capistrano, CA 92675 Resident 31745 Via Belardes San Juan Capistrano, CA 92675 Resident 31761 Via Belardes San Juan Capistrano, CA 92675 Resident 26455 Calle Rio Vista San Juan Capistrano, CA 92675 Resident 26456 Calle Rio Vista San Juan Capistrano, CA 92675 Resident 31775 Via Belardes San Juan Capistrano, CA 92675 Resident Resident Resident 31781 Via Belardes 31791 Via Belardes 31801 Via Belardes San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Preventative Street Maintenan• (1991-1992) Mailing List • Resident 31805 Via Belardes San Juan Capistrano, CA 92675 Resident 31792 Via Belardes San Juan Capistrano, CA 92675 Resident 26511 Paseo Belardes San Juan Capistrano, CA 92675 Resident 26502 Paseo Belardes San Juan Capistrano, CA 92675 Resident 26532 Paseo Belardes San Juan Capistrano, CA 92675 Resident 26546 Paseo Belardes San Juan Capistrano, CA 92675 Resident 26541 Calle Lucana San Juan Capistrano, CA 92675 Resident 26511 Calle Lucana San Juan Capistrano, CA 92675 Resident 31811 Via Belardes San Juan Capistrano, CA 92675 Resident 31796 Via Belardes San Juan Capistrano, CA 92675 Resident 26521 Paseo Belardes San Juan Capistrano, CA 92675 Resident 26512 Paseo Belardes San Juan Capistrano, CA 92675 Resident 26536 Paseo Belardes San Juan Capistrano, CA 92675 Resident 26561 Calle Lucana San Juan Capistrano, CA 92675 Resident 26531 Calle Lucana San Juan Capistrano, CA 92675 Resident 26501 Calle Lucana San Juan Capistrano, CA 92675 Page 4 Resident 31815 Via Belardes San Juan Capistrano, CA 92675 Resident 26501 Paseo Belardes San Juan Capistrano, CA 92675 Resident 26531 Paseo Belardes San Juan Capistrano, CA 92675 Resident 26522 Paseo Belardes San Juan Capistrano, CA 92675 Resident 26542 Paseo Belardes San Juan Capistrano, CA 92675 Resident 26551 Calle Lucana San Juan Capistrano, CA 92675 Resident 26521 Calle Lucana San Juan Capistrano, CA 92675 Resident 26572 Calle Lucana San Juan Capistrano, CA 92675 Resident Resident Resident 26562 Calle Lucana 26552 Calle Lucana 26542 Calle Lucana San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Preventative Street Maintena* (1991-1992) Mailing List • Resident Resident 26532 Calle Lucana 26526 Calle Lucana San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident 26471 Calle Delphina San Juan Capistrano, CA 92675 Resident 26531 Calle Delphina San Juan Capistrano, CA 92675 Resident 26532 Calle Delphina San Juan Capistrano, CA 92675 Resident 31972 Calle Reynalda San Juan Capistrano, CA 92675 Resident 31901 Del Obispo Street San Juan Capistrano, CA 92675 Resident 31941 Alipaz Street San Juan Capistrano, CA 92675 Resident 31882 Via Belardes San Juan Capistrano, CA 92675 Resident 26501 Calle Delphina San Juan Capistrano, CA 92675 Resident 26541 Calle Delphina San Juan Capistrano, CA 92675 Resident 31942 Calle Reynalda San Juan Capistrano, CA 92675 Resident 31907 Del Obispo Street San Juan Capistrano, CA 92675 Resident 31981 Alipaz Street San Juan Capistrano, CA 92675 Resident 26512 Calle Lucana San Juan Capistrano, CA 92675 Resident 26451 Calle Delphina San Juan Capistrano, CA 92675 Page 5 Resident 26522 Calle Lucana San Juan Capistrano, CA 92675 Resident 26511 Calle Delphina San Juan Capistrano, CA 92675 Resident 26542 Calle Delphina San Juan Capistrano, CA 92675 Resident 31962 Calle Reynalda San Juan Capistrano, CA 92675 Resident 31905 Del Obispo Street San Juan Capistrano, CA 92675 Resident 31961 Alipaz Street San Juan Capistrano, CA 92675 Resident 26502 Calle Lucana San Juan Capistrano, CA 92675 Resident 26461 Calle Delphina San Juan Capistrano, CA 92675 Resident Resident Resident 31931-B Calle Reynalda 31922 Via Belardes 31932 Via Belardes San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Preventative Street Maintenance 0(1991-1992) Mailing List • Resident 31942 Via Belardes San Juan Capistrano, CA 92675 Resident 31982 Via Belardes San Juan Capistrano, CA 92675 Resident 31961 Calle Reynalda San Juan Capistrano, CA 92675 Resident 26441 Calle Lucana San Juan Capistrano, CA 92675 Resident 26411 Calle Lucana San Juan Capistrano, CA 92675 Resident 26381 Calle Lucana San Juan Capistrano, CA 92675 Resident 26402 Calle Lucana San Juan Capistrano, CA 92675 Resident 26432 Calle Lucana San Juan Capistrano, CA 92675 Resident 31962 Via Belardes San Juan Capistrano, CA 92675 Resident 31981 Calle Reynalda San Juan Capistrano, CA 92675 Resident 31941 Calle Reynalda San Juan Capistrano, CA 92675 Resident 26431 Calle Lucana San Juan Capistrano, CA 92675 Resident 26401 Calle Lucana San Juan Capistrano, CA 92675 Resident 26382 Calle Lucana San Juan Capistrano, CA 92675 Resident 26412 Calle Lucana San Juan Capistrano, CA 92675 Resident 26452 Calle Lucana San Juan Capistrano, CA 92675 Page 6 Resident 31972 Via Belardes San Juan Capistrano, CA 92675 Resident 31971 Calle Reynalda San Juan Capistrano, CA 92675 Resident 26451 Calle Lucana San Juan Capistrano, CA 92675 Resident 26421 Calle Lucana San Juan Capistrano, CA 92675 Resident 26391 Calle Lucana San Juan Capistrano, CA 92675 Resident 26392 Calle Lucana San Juan Capistrano, CA 92675 Resident 26422 Calle Lucana San Juan Capistrano, CA 92675 Resident 31851 Via Belardes San Juan Capistrano, CA 92675 Resident Resident Resident 31861 Via Belardes 31871 Via Belardes 31891 Via Belardes San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Preventative Street Mainten* (1991-1992) Mailing List Resident Resident 31901-B Via Belardes 31911 Via Belardes San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident 31931 Via Belardes San Juan Capistrano, CA 92675 Resident 31922 Paseo Rosa San Juan Capistrano, CA 92675 Resident 31881 Paseo Rosa San Juan Capistrano, CA 92675 Resident 31882 Calle Winona San Juan Capistrano, CA 92675 Resident 31871 Calle Winona San Juan Capistrano, CA 92675 Resident 31921 Calle Winona San Juan Capistrano, CA 92675 Resident 31951 Calle Winona San Juan Capistrano, CA 92675 Resident 31941 Via Belardes San Juan Capistrano, CA 92675 Resident 31902 Paseo Rosa San Juan Capistrano, CA 92675 Resident 31932 Calle Winona San Juan Capistrano, CA 92675 Resident 31872 Calle Winona San Juan Capistrano, CA 92675 Resident 31891 Calle Winona San Juan Capistrano, CA 92675 Resident 31931 Calle Winona San Juan Capistrano, CA 92675 Resident 31961 Calle Winona San Juan Capistrano, CA 92675 Page 7 Resident 31921 Via Belardes San Juan Capistrano, CA 92675 Resident 31932 Paseo Rosa San Juan Capistrano, CA 92675 Resident 31892 Paseo Rosa San Juan Capistrano, CA 92675 Resident 31902 Calle Winona San Juan Capistrano, CA 92675 Resident 31861 Calle Winona San Juan Capistrano, CA 92675 Resident 31911 Calle Winona San Juan Capistrano, CA 92675 Resident 31941 Calle Winona San Juan Capistrano, CA 92675 Resident 31971 Calle Winona San Juan Capistrano, CA 92675 Resident Resident Resident 31981 Calle Winona 26376 Calle Lucana 26372 Calle Lucana San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 ► • Preventative Street MaintenanTe (1991-1992) Mailing List Resident 26361 Calle Lucana San Juan Capistrano, CA 92675 Resident 26362 Calle Lucana San Juan Capistrano, CA 92675 Resident 26371 Calle Lucana San Juan Capistrano, CA 92675 Page 8 Resident 26375 Calle Lucana San Juan Capistrano, CA 92675 0 add Construction Market Data 1411 N. Batavia Street, Suite 104 Orange, CA 92667 Construction Market Data 142 Arena Street, Suite 102 El Segundo, CA 90245 Green Sheet F.W. Dodge, Inc. 2150 Towne Center Place, Suite 100 Anaheim, CA 92806 Construction Express 35805 Mitchell Road Murrieta, CA 92562 0 Ll y s �IT �mlo�ro�eno uuunele � 1961 1776 May 13, 1992 Construction Express 35805 Mitchell Road Murrieta, CA 92562 Re: Preventative Street tviaintenance 1991-92 Gentlemen: MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E. FRIESS GARY L. HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN Please review the wording in your advertising of the above subject and insure that it reflects the following: "A charge in the amount of $10, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all plans and specifications mailed." Very truly yours Brian Perry Senior Civil Engineer BP:cl cc: City Clerk i./ ie 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 • • • ADDENDUM NO. 1 MEMBER OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIES$ GARY HAUSOORFER GIL JONES JEFF VASOUE2 CITY MANAGER STEPHEN S JULIAN PREVENTATIVE STREET MAINTENANCE, 1991 - 1992 The following changes to the plans and specifications are promulgated through this addendum. 1. Pages 14, 15, 16, 17 Delete pages 14, 15, 16, 17. Add Pages 14R, 15R, 16R, 17R. A signed copy of this addendum shall accompany the bid. Contractor William Huber, Director Engineering & Building 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 926715 • (714) 493-1171 t' • 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, 1991 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 Preventative Street Maintenance, 1991 - 1992 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 -14R- 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, two hundred and fifty dollars ($250) 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 fora 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. n U 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 -15R- i 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 and the property owners Chou, Gregg, Vaughn, McCook, Groenendyke, Marquis and De Santiago 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. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non -owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/ not limited to contractual period; $1,000,000 injury to more than one person/any one • occurrence/not limited to contractual period. 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 -16R- Code of the State of California. It is stipulated and agreed that all provisions of law • applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB- CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duty authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN CAPISTRANO • DATED: BY: MAYOR BY: CONTRACTOR ATTEST: Cheryl Johnson, City Clerk APPROVED AS TO FORM: Richard K. Denhalter, City Attorney • -17R- CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS PREVENTATIVE STREET MAINTENANCE 1991 - 1992 CITY COUNCIL GIL JONES, MAYOR KENNETH E. FRIESS GARY L. HAUSDORFER JERRY HARRIS JEFF VASQUEZ CITY MANAGER S. B. JULIAN DIRECTOR OF ENGINEERING & BUILDING WILLIAM M. HUBER JANUARY 1992 TABLE OF CONTENTS PREVENTATIVE STREET MAINTENANCE 1991 - 1992 TITLE CONTRACT DOCUMENTS PRG E 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 & Material Bond........................................................22 SPECIAL PROVISIONS Work to be Done..............................................SP-1 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 Exhisting Utilities ................................ SP -3 Section 7 Protection of Private Property.................................SP-3 DS -2 Section 8 Construction Zone............................................SP-3 DS -2 Section 9 Pre -Construction Coordination Meeting .........................SP -3 Section 10 Hours of Work...............................................SP-4 DS -5 Section 11 Notification - Dana Mesa Overlay and Slurry Seal ................. SP -4 Section 12 Notification of Detour - Via Belardes Area for Del Obispo ......... SP -4 Bid Item 13 & Street DETAIL SPECIFICATIONS AND METHOD OF PAYMENT ....................... DS -1 Bid Item 1 Remove and Dispose of Existing Street Section .................. DS -1 Bid Item 2 Cold Plane Existing Asphalt Concrete 2" Deep .................. DS -1 BidItem 3 Aggregate Base ............................................. DS -1 Bid Item 4 Asphalt Concrete Paving ..................................... DS -1 Bid Item 5 P.C.C. Ramp ............................................... DS -2 Bid Item 6 Inductive Loop Detectors ..................................... DS -2 BidItem 7 Project Striping ............................................. DS -2 Bid Item 8 Traffic Control. ......... ......... ................... DS -2 Bid Item 9 Cold Plane A.C. Pavement 1 1/2" Deep to Zero .................. D5-4 Bid Item 10 Pavement Reinforcing Fabric .. , , .. , ... , ... , . , ... ... ... ....... DS -5 Bid Item 11 Adjustment of Manhole Frames and Cover Sets to Grade .......... DS -6 BidItem 12 Slurry Seal, Type 11 .......................................... D5-6 Bid Item 13 & BidItem 14 Street Sweeping ............................................. DS -6 r PREVENTATIVE STREET MAINTENANCE 1991-1992 NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 15th day of June 1992, receive sealed proposals or bids for the Preventative Street Maintenance, 1991 - 1992 in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1991 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 bind payable to the City of San Juan Capistrano in the sum of not less than ten percent of the total bid amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 am. on the 18th day of May 1992, at the City offices. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not 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 Standard Specifications. -1- r 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 CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- r BID PROPOSAL For the: PREVENTATIVE STREET MAINTENANCE, 1991 - 1992 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, 1991 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. The estimated quantities of work indicated in the proposal are approximate only being -3- given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is (Insert "$ cash", cashier's check, certified check or bidder's bond on the forms from Pages 18 and 19 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Licensed in accordance with an act providing for the registration of contractors -- License No. Signature of Bidder: -4- (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: Dated: Business Address Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: Dated: -5- Signature of Bidder Telephone Number Item 1. 2. 3. 4. 5. 6. 7. S. 9. SCHEDULE OF WORK ITEMS PREVENTATIVE STREET MAINTENANCE 1991 - 1992 Approximate Work Items With Unit Price Unit Price Quantity (Written in Words) (In Figures) CY 250 Remove and dispose of existing street section for the unit price of dollars per cubic yard. $ 1,430 SF Cold plane existing asphalt concrete 0.15' deep for the unit price of $ dollars per square foot. $ 395 TON Provide and construct aggregate base for the unit price of dollars per ton. $ 529 TON Provide and construct asphalt concrete for the unit price of dollars per ton. $ LS Provide and construct P.C.C. ramp for the lump sum price of dollars. $ 14 EA. Cut 6' x 6' inductive loop detectors for the unit price of dollars per each. $ LS Project striping for the lump sum price of $ dollars. $ LS Traffic control for the lump sum price of $ dollars. $ 13,380 SF Cold plane existing asphalt concrete 0.12, to zero for the unit price of $ dollars per square foot. $ I M- Total Amount SCHEDULE OF WORK ITEMS PREVENTATIVE STREET MAINTENANCE 1991 - 1992 Total Bid Price (Enter here and on Page 3) Figures The following information regarding pavement reinforcing fabric shall be provided with each bid. Fabric Trade Name: Requirement Proposed Grab Tensile Strength (1 -inch Grip, Pounds -ASTM 90 Min. Designation: D1117 Elongation at Break, Percent -ASTM Designation: D1117 40 Min. Fabric Thickness, Mils -ASTM Designation: D461 12 to 100 -6a- Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amount 10. 4,500 SY Provide and install geotextile for the unit price of $ dollars per square yard. $ $ 11. 11 EA. Adjust existing manhole covers and frames to grade for the unit price of $ dollars per each. $_ $ 12. 197,893 SF Slurry seal existing streets for the unit price of $ dollars per square foot. $ $ 13. LS Street sweeping seven days after application of slurry for the lump sum price of $ dollars. $ $ 14. LS Street Sweeping 14 days after application of slurry for the lump sum price of $ dollars. $ $ Total Bid Price (Enter here and on Page 3) Figures The following information regarding pavement reinforcing fabric shall be provided with each bid. Fabric Trade Name: Requirement Proposed Grab Tensile Strength (1 -inch Grip, Pounds -ASTM 90 Min. Designation: D1117 Elongation at Break, Percent -ASTM Designation: D1117 40 Min. Fabric Thickness, Mils -ASTM Designation: D461 12 to 100 -6a- 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, 3. 6. 7, Item of Work Sub -Contractor Address Phone No. BIDDER'S NAME AUTHORIZED SIGNATURE 10 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, 1991 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. 10 Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures, the words shall govern. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the provisions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not less than ten (10) percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. -10- 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. Withdrawl of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. Opening of Bid Proposals The City will, in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids". Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids". The City, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. ONE 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 selected from the surety companies set forth in the Standard 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 Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids". Building Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. -13- 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, 1991 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 Preventative Street Maintenance, 1991 - 1992 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, two hundred and fifty dollars ($250) 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. CITY OF SAN JUAN CAPISTRANO DATED: ATTEST: Cheryl Johnson, City Clerk APPROVED AS TO FORM: Richard K. Denhalter, City Attorney 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 City of San Juan Capistrano, Orange County, California. for the NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (15) days after the agreement has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -18- 0 IN WITNESS WHEREOF, the above -bounden parties have executed this instrument under their several seals this day of _J 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 APPROVED AS TO FORM: ty Attorney 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. Executed this day of 19 , at , California. APPROVED AS TO FORM PRINCIPAL (NOTARIZATION AND SEAL) SURETY (NOTARIZATION AND SEAL) -21- Premium included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to , License No. , hereinafter designated as "Principal", a contract for . and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub -contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Principal, and as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of DOLLARS ($ ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -22- IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the day of , 19 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. APPROVED AS TO FORM By By -23- PRINCIPAL SURETY CITY OF SAN JUAN CAPISTRANO PREVENTATIVE STREET MAINTENANCE 1991 - 1992 SPECIAL PROVISIONS WORK TO BE DONE The work to be done under this contract in general, consists of the following: 1. Del Obispo Street - Removing part of an existing street se -tion, cold planing, laying aggregate base, asphalt, concrete, cutting traffic signal loops, striping and traffic control. 2. Avenida Aeropuerto - Cold planing, laying asphalt concrete striping, cutting traffic signal loops and traffic control. 3. Dana Mesa - Cold planing, laying asphalt concrete, pavement reinforcing fabric, slurry seal, striping, street sweeping and traffic control. SECTION 1 - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1991 Edition, and the Standard Specifications, State of California, Department of Transportation, January 1988 Edition hereinafter referred to as the Standard Specifications. The Contractor shall maintain a copy of these books on the job -site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Contract Termination "If at any time, in the opinion of the Director of Engineering & Building, 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 Director of Engineering & Building, 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. SP -1 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." 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," 1988 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. SP -2 W UNDERGROUND The Engineer has endeavored to show all existing utilities. The Contractor must, however, take all due precautionary measures to protect all of the existing utilities. The Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any construction work. The Contractor's attention is directed to the utility notification service provided by 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 I of the plans. Full compensation for conforming to the requirements of this section shall be considered as included in the contract bid prices paid for the various items of work, and no additional compensation will be allowed therefor. SECTION 7 - PROTECTION OF PRIVATE PROPERTY The Contractor must remain within the construction zone to the best of his ability. The Contractor must protect all existing private property. SECTION 8 - CONSTRUCTION ZONE Contractor shall protect property and facilities adjacent to the construction zone, and all property and facilities within the construction zone which are shown on the plans to be protected. After completion of project, the construction zone shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of facilities are damaged, they shall be replaced with new materials equal to the original. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way or parking area during performance of the contract work, and Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. The Contractor shall be responsible for investigating conditions of available public and private roads and of clearances, restrictions and other limitations affecting transportation and ingress and egress to the site of the work. SECTION 9 - PRE -CONSTRUCTION COORDINATION MEETING Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor, the Engineer, and involved utility representatives. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The 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 SECTION 10 - HOURS OF WORK 1. Del Obispo Street - This project will start on Friday of a work week setting up traffic control at 6:00 p.m. No other starting work day or earlier time will be permitted. Hours of work shall be 6:00 p.m. to 10:00 p.m. Friday and 8:00 am. to 10:00 p.m. thereafter. Traffic control shall remain in place throughout the work. 2. Avenida Aeropuerto - Hours of work shall be 8:30 am. to 4:30 p.m. 3. Dana Mesa - Hours of work shall be 8:30 a.m. to 4:00 pm. with no slurry to be applied after 1:30 p.m. SECTION 11 - NOTIFICATION - DANA MESA OVERLAY AND SLURRY SEAL The Contractor shall receive no direct compensation for notifying the public of the construction work. Accordingly, these costs should be prorated to the appropriate bid items. Prior to two weeks before beginning any work, the Contractor shall notify all residents, businesses and agencies by an approved written notice detailing streets and limits of work to be done, parking and access restrictions, and the day, date and the hours of work, which shall be between 8:30 a.m. and 4:00 p.m. Prior to 72 hours before beginning any work, the Contractor shall again notify all residents, businesses and agencies by an approved written notice, detailing streets and limits of work to be done, parking and access restrictions and the day, date and hours of work, which shall be between 8:30 a.m. and 4:00 p.m. The Contractor shall also post all streets 36 hours in advance of work with temporary "No Parking - Tow Away" signs at 100 foot intervals. These -signs shall also state the day of the week, hours of no parking, and Contractors name. DEL The Contractor shall receive no direct compensation for notifying the public of the construction work. Accordingly, these costs should be prorated to the appropriate bid items. Prior to two weeks before beginning any work, the Contractor shall notify all residents, on Via Belardes, Calle Winona, Paseo Rosa, Calle Reynalda, Calle Delphina, Calle Lucana, Paseo Belardes, Calle Rio Vista and Del Obispo Street by an approved written notice of the street closure at Alipaz Street and Del Obispo Street giving dates of the closure and detour details. Prior to 72 hours before beginning any work, the Contractor shall again notify these residents, by an approved written notice, of the street closure at Alipaz Street and Del Obispo Street, giving dates of the closure and detour details. SP -4 CITY OF SAN JUAN CAPISTRANO PREVENTATIVE STREET MAINTENANCE 1991 - 1992 DETAIL SPECIFICATIONS AND METHOD OF PAYMENT BID ITEM 1 - REMOVE AND DISPOSE OF EXISTING STREET SECTION The work for this item shall consist of removing and disposing of the existing street section to a depth necessary for the thickness of new construction as shown on the plans. This item shall include saw cutting. PAYMENT The unit price per cubic yard for this item shall include all labor, materials, tools, equipment and incidentals to remove and dispose of existing street section as shown on the plans and no additional compensation shall be made therefor. BID ITEM 2 - COLD PLANE EXISTING ASPHALT CONCRETE 0.15' DEEP The work for this item will consist of cold planing the pavement 0.15' deep where shown on the plans and as directed by the Engineer. The workmanship, materials and equipment necessary to complete the work as required shall conform to Section 302-5.2 of the Standard Specifications. PAYMENT Payment for cold planing 0.15' deep shall be at the contract unit price bid per square foot which shall be full compensation for furnishing all labor, materials, equipment, cleaning and incidentals necessary to cold plane the areas shown on the plan and as directed by the Engineer and no additional payment shall be made therefor. BID ITEM 3 - AGGREGATE BASE The work for this bid item shall include furnishing and installing aggregate base per the plans and specifications. Aggregate base shall conform to the Orange County Environmental Management Agency Special Provisions for untreated base materials (Standard Plan No. 804) and Sections 400-2 and 200-2 of the Standard Specifications. PAYMENT The unit price bid per ton for the item Aggregate Base shall include all labor, materials, tools and equipment necessary to construct the aggregate base and no additional compensation shall be made therefor. BID ITEM 4 - ASPHALT CONCRETE PAVING The work for this 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 complete the work as required shall conform to Section 302-5 of the Standard Specifications and Orange County Standard Plan 1805. DS -1 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 compensation shall be made therefor. BID ITEM 5 - P.C.C. RAMP The work for this bid item shall include the construction of the concrete ramp as indicated on the plans. PAYMENT The lump sum price bid for the P.C.C. ramp shall include all labor, materials, tools and equipment necessary to construct the P.C.C. ramp and no additional payment shall be made therefor. BID ITEM 6 - INDUCTIVE LOOP DETECTORS The work for this item shall include the construction of the inductive loop detectors shown on the plans in accordance with Section 86 of the Standard Specifications, State of California Department of Transportation, January, 1988 Edition. PAYMENT The unit price bid for constructing inductive loop detectors shall include all labor, materials, tools and equipment and no additional compensation shall be made therefor. BID ITEM 7 - PROJECT STRIPING Within 24 hours following the street reconstruction or resurfacing, the Contractor shall provide the traffic striping shown on the plans complete with reflective pavement markings in accordance with the Standard Specifications for Public Works Construction and the requirements stated on the plans. The street shall not be left unstriped over any weekend period. PAYMENT The lump sum bid for pavement marking shall include all work specified and shall include all labor, materials, tools and equipment and no additional compensation shall be made therefor. BID ITEM 8 - TRAFFIC CONTROL 1.General The Contractor shall provide and maintain traffic control devices during the construction of the project and until striped. 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: DS -2 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. 2. Del Obispo Street The Contractor shall have traffic control plans prepared by a Registered Traffic Engineer including any alterations to signal heads and signal phasing. The plans are subject to approval of the engineer. The work shall also include providing and installing advance notification signs fourteen days prior to the start of construction, including those shown on the plans. At a minimum, the plans shall accomplish the following, as well as any and all transitions necessary. 1. Del Obispo Street/Alipaz Street Intersection i) Alipaz Street North Ingress and egress shall be closed. Alternate access shall be via Belardes (preferred) and Calle Reynalda. ii) Del Obispo Street East One lane each direction shall be maintained at all times adjacent to the work area. Westbound right turns shall be prohibited. iii) Alipaz Street South Curbside right turn lane shall be closed. Northbound though movements shall be prohibited, right and left turns are permitted. iv) Del Obispo Street West Eastbound left turn lane closed. Transitions as necessary. 2. Del Obispo Street/Paseo Adelanto Intersection i) Del Obispo Street Transitions as necessary. ii) Paseo Adelanto No restrictions. DS -3 3. Camino Capistrano/Del Obispo Street i) Del Obispo Street West No restrictions. ii) Del Obispo Street East Island side left turn lane closed, Number 1 through lane to be redesignated as the left turn lane. The closed left turn lane may need to be opened to allow dual left turns during construction depending on traffic conditions. iii) Camino Capistrano North No restrictions. iv) Camino Capistrano South Number 1 northbound left turn lane closed. 4. Bicyclists and Pedestrians Provide a safe route around the working area. 3. Avenida Aeropuerto The Contractor shall have traffic control plans prepared by a Registered Traffic Engineer including any alterations to signal heads and/or signal phasing. The plans are subject to approval of the engineer. The work shall also include providing and installing advance notification signs fourteen days prior to the start of construction including those shown on the plans. One lane minimum using using flagmen for two way traffic shall be open at all times for area ingress and egress during construction hours. Streets shall be returned to two lane, two way traffic outside work hours. 4. Dana Mesa The Contractor shall have plans prepared by a Registered Traffic Engineer. The plans are subject to approval of the engineer. The work shall also include providing and installing advance notification signs and slurry seal work shall be phased so that parking for residents is available on adjacent streets. PAYMENT The lump sum payment for traffic control shall include all work specified and shall include all labor, materials, tools and equipment and no additional compensation shall be made therefor. BID ITEM 9 - COLD PLANE A.C. PAVEMENT 0.12' DEEP TO ZERO The work will consist of cold planing the pavement 0.12' deep where shown on the plans and as directed by the Engineer. DS -4 All other requirements of Bid Item 2 shall be required. PAYMENT Payment for cold planing 0.12' deep to zero shall be at the contract unit price bid per square foot which shall be full compensation for furnishing all labor, materials, equipment, cleaning and incidentals necessary to cold plane the areas shown on the plan and as directed by the Engineer and no additional payment shall be made therefor. BID ITEM 10 - PAVEMENT REINFORCING FABRIC Pavement Reinforcement Fabric shall conform to the State of California Department of Transportation Standard Specifications, July 1984, Section 88, and these Special Provisions. Pavement reinforcing fabric shall be placed on existing pavement to be surfaced or between layers of asphalt concrete when such work is shown on the plans, or specified in the special provisions, or ordered by the Engineer. Before placing the pavement reinforcing fabric, a binder of paving asphalt shall be applied to the surface to receive the pavement reinforcing fabric at an approximate rate of 0.25 gallon per square yard of surface covered. The exact rate will be determined by the Engineer. The binder shall be applied to a width equal to the width of the fabric mat plus 3 inches on each side. Before applying binder, large cracks, spills and chuckholes in existing pavement shall be repaired as directed by the Engineer, and such repair work will be paid for as extra work as provided in Section 4-1.03D. The fabric shall be stretched, aligned and placed with no wrinkles that lap. The test for lapping shall be made by gathering together the fabric or more, the fabric shall be cut to remove the wrinkle, then lapped in the direction of paving. Lap in excess of 2 inches shall be removed. Pavement reinforcing fabric shall not be placed in areas of conform tapers where the thickness of overlaying asphalt concrete is 0.08 -foot or less. If manual laydown methods are used, the fabric shall be unrolled, stretched, aligned and placed in increments of approximately 30 feet. Adjacent borders of the fabric shall be lapped 2 to 4 inches. The preceding roll shall lap 2 to 4 inches over the following roll in the direction of paving at ends of roll or at any break. At fabric overlays, both the tack coat and the fabric shall overlap the previously placed fabric by the same amount. Seating of the fabric with rolling equipment after placing will be permitted. Turning of the paving machine and other vehicles shall be gradual and kept to a minimum to avoid damage. A small quantity of asphalt concrete, to be determined by the Engineer, may be spread over the fabric immediately in advance of placing asphalt concrete surfacing in order to prevent fabric from being pciked up by construction equipment. DS -5 Public traffic shall not be allowed on the bare reinforcing fabric, except that public cross traffic shall be allowed to cross the fabric under traffic control, after the Contractor has placed a small quantity of asphalt concrete over the fabric. Care shall be taken to avoid tracking binder material onto the pavement reinforcing fabric or distorting the fabric during seating of the fabric with rolling equipment. If necessary, exposed binder material shall be covered lightly with sand. Section 88-1.01 Description - Engineering fabrics consisting of pavement reinforcing fabric and filter fabric shall conform to the requirements in this Section 88. "Engineering Fabrics". Engineering fabrics shall be placed in accordance with the various sections of these specifications requiring the use of an engineering fabric or as specified in the special provisions. A Certificate of Compliance for each kind of engineering fabric used on the project shall be furnished to the Engineer in accordance with the provisions in Section 6-1.07, "Certificates of Compliance". Engineering fabrics shall be furnished to the Engineer in protective covers capable of protecting the fabric from ultraviolet rays, abrasion and water. Section 88-1.02 - Pavement Reinforcing Fabric - Pavement reinforcing fabric shall be manufactured from polyester, polypropylene, or polopropylene-nylon material. The fabric shall be nonwoven and shall conform to the following: Weight, ounces per square yard ASTM Designation: D 19103.0 to 8.0 Grab tensile strength (1 -inch grip), pounds min. ASTM Designation: D111790 Elongation at break, percent, min. ASTM Designation: D111740 Fabric thickness, mils ASTM Designation: D 46112 to 100 PAYMENT Pavement Reinforcing fabric will be measured by the square yard by dimensional limits shown on the plans or staked in the field. There shall be no allowance for overlaps in the measurement. Unless otherwise specified, payment shall be made by the unit price per square yard, which shall include full compensation for testing, furnishing, delivering, and placing pavement reinforcing fabric complete in place. The cost shall include all labor, equipment and tools required to complete the work and no additional compensation shall be made therefor. BID ITEM 11 - ADJUSTMENT OF MANHOLE FRAMES AND COVER SETS TO GRADE The work for this bid item shall include setting all existing water, sewer, storm drain, and utility manhole frames and cover sets to grade within the Area to be surfaced. DS -6 All existing water valve boxes shall be adjusted to grade per Capistrano Valley Water District Standard Plan W3. It shall be the responsibility of the Contractor to locate all valve boxes prior to doing any work and have them dimensioned from two known points. The District should be notified at least forty-eight hours before any work begins (493-1515). PAYMENT The unit price bid per each for adjusting manhole franes and cover sets to grade shall include all labor, materials, tools, and equipment, as well as traffic control and no additional compensation will be made therefor. BID ITEM 12 - SLURRY SEAL, TYPE II The emulsion -aggregate slurry seal Type II shall comply with Sections 302-4, 203-5 of the Standard Specifications. PAYMENT The unit price per square foot for slurry seal Type II shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in the furnishing and placing the slurry seal complete in place, including cleaning the surface and protecting the slurry seal until it has set, and cleaning the surface after curing, all as shown on the plans, as specified in these specifications and as directed by the Engineer, and no additional compensation shall be made therefor. BID ITEM 13 AND 14 - STREET SWEEPING The work for these items shall consist of sweeping all slurried streets seven and fourteen days respectively after slurrying to remove all loose materials. PAYMENT The lump sum price for these items shall include all labor, materials, tools, equipment and incidentals to sweep and remove all loose material and no additional compensation shall be made therefor. DS -7