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1989-1121_EXCALIBUR CONTRACTING_Contract RECORDED IN OFFICIAL RECORDS • . . . .� OF ORANGE COUNTY CALIFORNIA 'r 89=642966 1:30 N OV 2 71989 P. Q `6��Recorder RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto FLTXE PT Mary Ann�l nover, City Clerk San Juan Capistrano, CA 92675 C14 City of San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contact was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Excalibur Contracting, Inc., of 2760 South Harbor Boulevard, Suite #F, Santa Ana, California, 92704, for the performance of the following work: CONSTRUCTION OF CITY STREET REPAIRS That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 21st day of November, 1989, by Resolution No. 89-11-21-1 That upon said contract, Amwest Surety Insurnace Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 22nd day of November 1989. Mary Ann H)afi6vbr, City Clerk City of SanJuan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano, California, this 22nd day of November 1989. Mary Ann Wriover, City Clerk City of Safi Juan Capistrano • C�Y COPY CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and Excalibur Contracting, Inc. hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 1988 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of City Street Repairs in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual -14- amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (l) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the j 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- I • • any SUB-CONTRACTOR under him, shall pay not less than the foreqoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. insurance certificates shall be for a minimum period of one year. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this construction agreement. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hors 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: May 16, 1989 BY MA R BY:—J AL(GUR CONTRACTING, INC. C TRACTOR I J.M. YACKLEY, RESIDENT ATTEST: Mary Annotnover, City Clerk APPROVED AS TO FORM: C?�Q" JohU. Shaw, City Attorney -17- I AGENDA ITEM November 21. 1989 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy. Director of Public Works SUBJECT: Rancho Viejo Road, Camino Capistrano and Junipero Serra Road Street Repairs - Resolution, Notice of Completion and Final Report (Excalibur) SITUATION The construction of City street repairs by Excalibur Contracting, Inc. has been completed to the satisfaction of the City Engineer and is ready for acceptance by the City Council and recordation of a Notice of Completion with the County Recorder. The project includes the asphalt concrete overlay of the two-lane section of Junipero Serra Road and minor widening of Camino Capistrano at this intersection to provide a southbound left-turn pocket; asphalt concrete replacement for the northbound lane of Rancho Viejo Road in the vicinity of Village Road; crack sealing Camino Capistrano from Ortega Highway to Del Obispo Street; minor curb and gutter work at Viewpoint Circle, Branding Iron Road and the corner of Via Cristal and Via Perla. NOTIFICATION Excalibur Contracting, Inc. COMMISSION/BOARD REVIEW. RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS The Contract was awarded to Excalibur Contracting, Inc. for $68,958.00 and has been completed for $73,028.75. The additional costs are due to minor increases in quantities. Adequate funds are available in account #12-6900-4710-119. ALTERNATE ACTIONS 1. Accept the improvements. 2. Do not accept the improvements. 3. Refer to Staff for additional information. FOR CRY COUNCIL AGENI�rnl Z�7 AGENDA TTEM • • November 21, 1989 Page 2 RECOMMENDATION By resolution, determine that the work for City street repairs 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 $7,302.88 thirty five (35) days after the recordation of the Notice of Completion. Respectfully submitted, N V �/eJ W. D. Murp y WDM/BP:ssg RESOLUTION NO. 89-11-21-1 COMPLETION OF CITY STREET REPAIRS (EXCALIBUR CONTRACTING, INC.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF CITY STREET REPAIRS (EXCALIBUR CONTRACTING, INC.) WHEREAS, on the 16th day of May, 1989, the City of San Juan Capistrano entered into a contract with Excalibur Contracting, Inc., for the construction of City Street Repairs; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Juan Capistrano, as follows: SECTION 1. That the work required to be performed by said contractor has been completed. SECTION 2. That the total cost of said work is in the amount of $73,028.75. SECTION 3. That the work is hereby accepted and approved. SECTION 4. The City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 21st day Of November , 1989. GARY . HAUSDORFER, MAYO ATTEST: CITY E -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 89-11-21-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 21st day of November 1989, by the following vote: AYES: Councilmen Schwartze, Buchheim, Bland and Mayor Hausdorfer NOES: ,Ione ABSENT: Councilman Friess (SEAL) MARY ANNAANOVER, CITY CLERK -2- Jowl* Please date, sign and return i; v. to the City Clerks Department. �` I iL MEMBERS OF THE CITY COUNCIL p9 ANTHONY L. BLAND LAWRENCE P. BUCMHEIM Thank you! /.' ,. KENNETH E. PRIESS RO,Ii'.ul I If61 GARY L. MAUSOORPER PHILLIP R. SCNWARTIE B B CITY MANAGER ' STEPHEN 6 JULIAN I 1' NOTICE TO PROCEED TO: Excalibur Contracting, Inc. 2760 So. Harbor Blvd., Suite #F Santa Ana, California 92704 F` Project: City Street Repairs `A Amount of Contract: $68,958.00 You are hereby notified to commence work on the referenced contract on or before July 31, 1989, and to fully complete all of the work of said contract within 60 consecutive calendar days thereafter. Your completion date is September 29, 1989. The contract provides for an assessment of the sum of $100.00 as liquidated damages for each consecutive calendar day after September 29, 1989, that the work remains incomplete. Dated this 25th day of July, 1989. Mary Ann Hanover, CMC c1' City Clerk ACCEPTANCE OF NOTICE Recei o Notice to Proceed is hereby acknowledged by ' this -1-ff day of . Zg7j-*,S T , 1989. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 Please date, sign and return t City Clerk's Uexlartment. ---� • _ 'Fran your i�MO RECEIVED MEMBERS OF THE CITY COUNCIL I{yT7 'M� ANTHONY L. BLAND 1 LAWRENCE F. BUCHHEIM 12 iopX KENNETH E. FRIESS i,; I.11a4 1A61 VVV GARY L. HAUSDORFER 776 CITYPHILLIP R. SCHWARTZE • DEPA yLERK CITY MANAGER ` DEPARTMENT STEPHEN B JULIAN CITY OF SAN JUAN CAPISTRANO May 18, 1989 Excalibur Contracting, Inc. 2760 South Harbor Boulevard, Suite F Santa Ana, California 92704 Re: Award of Contract - City Street Repairs Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held May 16, 1989, awarded the contract for City Street Repairs to your company at $68,958. Enclosed is a fully executed copy of the Agreement for your records. The City has not yet received the required insurance as set forth on page 16 of the contract. We have received the bonds. Payment will not be authorized until the insurance certificate has been received in my office. 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, Mary An anover, CMC City Clerk MAH/cj Enclosure cc: Director of Public Works Director of Administrative Services Re c f the foregoi g Noice of Award is hereby acknowledged: By 7g' /M. YACKLI54, FRE DENT This �� day of , 1989. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493.1171 • AVAM , r MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND ". LAWRENCE F. FIUCHHEIM ii A[OPIORAI[9 KENNETH E. FRIESS DORF UAIIIMP IIG1 GARY L. HAUSRFER 176 PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN 8 JULIAN MEMORANDUM TO: Interested Persons FROM: Mary Ann Hanover, City Clerk DATE: May 18, 1989 SUBJECT: Award of Contract - City Street Repairs The City Council of the City of San Juan Capistrano at its regular meeting held May 16, 1989, took action to award the contract for the construction of City Street Repairs to the low responsible bidder, Excalibur Contracting Company. All other bids were rejected. Thank you for your interest in this project. If we can be of further assistance, please call. C/� MARY ANN ANOVER, CMC MAH/cj cc: Sully-Miller Contracting Company R. J. Noble Company Jerry Cross Paving Company Griffith Company 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 9 (714) 493-1171 A A taken at the meetings of April 12 and April 26, 1989, was ordered received and filed. �>11. CITY STREET REPAIRS - AWARD OF CONTRACT (EXCALIBUR) (600. 30) <— --- As set forth in the Report dated May 16, 1989, from the Director of Public Works, the contract for City Street Repairs was awarded to Excalibur Contracting, Inc. in the amount of $68,958. Repairs included the asphalt concrete overlay of the two-lane section of Junipero Serra Road and minor widening of Camino Capistrano, asphalt concrete replacement for the northbound lane of Rancho Viejo Road, crack sealing Camino Capistrano from Ortega Highway to Del Obispo Street, and minor curb and gutter work at Viewpoint Circle, Branding Iron Road, and the corner of Via Cristal and Via Perla. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. Staff was authorized to allocate $30, 000 from the 1989-90 Preventative Street Maintenance budget for this project. 12 . STREET MAINTENANCE OF ROSEDALE DRIVE, PASEO RUEDA, AND PASEO ADELANTO - PLANS, SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS (600.30) As set forth in the Report dated May 16, 1989, from the Director of Public Works, the plans and specifications were approved for the street maintenance of Rosedale Drive, Paseo Rueda, and Paseo Adelanto due to groundwater surfacing, the proposed installation of a French drain system to intercept the water, and the proposed installation of a root barrier along the Trabuco Creek side of Paseo Adelanto to control the tree roots. The Engineer's estimate for this project is $35,000, with sufficient funds budgeted. Staff was authorized to call for bids. 13. INSTALLATION OF TRAFFIC SIGNAL. MARGUERITE PARKWAY RANCHO VIEJO ROAD/VIA ESCOLAR - PLANS, SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS (600.30) As set forth in the Report dated May 16, 1989, from the Director of Public Works, the plans and specifications were approved for the Marguerite Parkway/Rancho Viejo Road/Via Escolar Traffic Signal Installation Project, in cooperation with the City of Mission Viejo. Construction is anticipated to begin in June or July, 1989, with completion -6- 5/16/89 AGENDA ITEM May 16, 1989 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: City Street Repairs - Award of Contract (Excalibur) SITUATION Bids were opened April 17. 1989, for the City Street Repairs project. The bids are valid until June 1, 1989, a period of 45 days from the opening date. Bids were received as follows: Excalibur Contracting, Inc. $ 68,958.00 R.J. Noble Co. 80,727.90 Sully-Miller Contracting Co. 86,029.00 Jerry Cross Paving Co. 86,513.60 Griffith Co. 87,152.50 The project includes the asphalt concrete overlay of the two-lane section of Junipero Serra Road and minor widening of Camino Capistrano at this intersection to provide a southbound left-turn pocket; asphalt concrete replacement for the northbound lane of Rancho Viejo Road in the vicinity of Village Road; crack sealing Camino Capistrano from Ortega Highway to Del Obispo Street; minor curb and gutter work at Viewpoint Circle, Branding Iron Road and the corner of Via Cristal and Via Perla. Staff is recommending award of contract to the low responsible bidder Excalibur Contracting, Inc. NOTIFICATION Excalibur Contracting, Inc., R.J. Noble Co., Sully-Miller Contracting Co., Jerry Cross Paving Co., Griffith Co. Advance notification signs will be provided on Junipero Serra Road, Camino Capistrano and Rancho Viejo Road two weeks prior to the start of work. Signs will be 8 feet wide by 4 feet high, with dark brown letters on a beige background. Lane closures will only be permitted between 8:30 a.m. and 3:30 p.m. COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FOR CITY COUNCIL AGEND } AGENDA ITEM • • May 16, 1989 Page 2 FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is $55,000. One hundred thousand dollars ($100,000) has been budgeted in Account No. 12-6900-4710-119 this year and approximately $43,000 remains. One hundred thousand dollars ($100,000) has been budgeted for preventative street maintenance in the 1989-90 budget. Staff is requesting that $30,000 from the 1989-90 budget be allowed for this project. Most of the construction progress payments for the project will be during the 1989-90 fiscal year. ALTERNATE ACTIONS 1. Award the contract for City Street Repairs to the low responsible bidder Excalibur Contracting, Inc. 2. Do not award the contract. 3. Request further information from Staff. RECOMMENDATION By motion, award the contract for City Street Repairs to the low responsible bidder Excalibur Contracting, Inc. in the amount of $68,958.00 and reject all other bids. Authorize the Mayor and City Clerk to execute the documents on behalf of the City. Authorize Staff to allocate $30,000 from the 1989-90 Preventative Street Maintenance budget for this project. Respectfully submitted, W. D. Murphy WDM/BP:kls 1164394 Premium:$1,655.00 "EXECUTED IN TRIPLICATE" PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Excalibur Contracting, Inc. , as Principal, hereinafter called CONTRACTOR, andAmwest Surety Insurance Company , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Sixty Eight Thousand Nine Hundred Fifty Eight Dollars NO/100 Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): Construction of City Street Repairs r 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- STATE OF CALIFORNIA COUNTY OF ORANGE ss. On this day of APR 2 I 1989 in the year 19_, before me, the undersigned, a Notary Public in and for said State, personally appeared J.M. YACKL Y CI L PFGtN4 CEF� P xaL PASKO and �" '�" tiL•I�Rr v� AueOkn�A r; personally known to me PRS IN L r ICL ;Iu " (or proved to me on the basis of satisfactory evidence)to be the persons who executed the 0%NGE JUNTY within instrument as AV__0_ President and V'1Q Secretary, �• ruy Cnmmisam 6m•rs homi 71 1991 respectively, of the Corporation therein named,and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and officU �� ACKNOWLEDGMENT—Corp—Pres B Sec—WOICORs Form 222CA—Aev 1t-83 1983 WOLCOTTs, INC- ipr,.e 1.s8-21 Notary blit in and for said State. STATE OF CALIFORNIA, COUNTY OF Los Angeles a. On APR 2 11989 before me a Notary Public, within and for the said County and State, personally appeared William E. Pitts known tome(or proved tome on the basis of satifactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged tome that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety,and his own name as Attorney in Fact. /J p :CAL SEAL NOTARY PUBLIC 'Y hi(YLA.�,Y Pf18L1C C�tl =,.�NL"s �5 .• '� d.:e,:RAC+EIE�SIi9U7�'SY 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 21st day of April , 19 89 at Los Angeles , California. PRINCIPAL Excalibur Contracting, Inc. . YACKL Y, RESI 'NT ( APPROVED AS TO FORM (NOTARIZATION ANDS AL) cL k iv,�r J 9R. SHAW, CITY ATTORNEY SURETY Amwes Sure y Insurance Company William E. Pitts, Attorney in Fact (NOTARIZATION AND SEAL1 -21- • • 1164394 Premium:$1,655.00 Premium Included "EXECUTED IN TRIPLICATE" LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Excalibur Contracting, Inc. , License No. 513967 , hereinafter designated as "Principal", a contract for Construction of City Street Repairs ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Excalibur Contracting, Inc. Principal, and Amwest Surety Insurance Company . as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of SixtvEiehtThousandNineHundredFiftvEightDollars NO/100 DOLLARS ($ 68.958.0 , 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_ r STATE OF CALIFORNIA Iss. couNry of ORANGE APR 2 1 1989 On this day of in the year 19_, before me, the undersigned, a Notary Public in and for said State, personally appeared OFFICIAL SEEALAL j.M. YACKLEY „ - REGINA P. PASKO and ® NOTARr PUBLIC CALIFORNIA personally known to me PRINCIPAL OFRCE IN (or proved to me on the b�a1siL� of satisresident and ecretarfactory ,evidence) to be the persons who executed the ORANGE COUNTY within instrument as M PS My Commission Expires lune Z1. 1991 ` � y. respectively,of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand ang a#ielahs I. ACKNOWLI,DGMENT—Corp—Pres &BeC—WOIcoVs Form 222CA—Rev 11-83 J 'N^— v1983WOLGOTTs.INC mrreplass8-21 ry Public in and for said State. STATE OF CALIFORNIA, COUNTY OF Los Angeles ss. On APR 2 11989 before me a Notary Public, within and for the said County and State, personally appeared William E. Pitts known to me(or proved to me on the basis of satifactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety,and his own name as Attorney in Fact. 3j ?�usl.'U a fihs;'%:V.Es rn gy# Te=; NOTARY UBLIC 31 'EscoJn;ar0raFxn IN%.6 JV4- ,.7 • • 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 21st day of April 19 89 . 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. Excalibur Contracting,Inc. PRINC/IIPAL By 11 I J) , E S I Amwest Suretv InsInsura e Com any SURETY By � William itts, Attorney in Fact APPROVED AS TO FORM nL e R. SHAW, ATTORNEY -23- AMWEST SURETY INSURANCE CO. P.O. Box 4500 Woodland Hills, CA 91365 (818) 704-1111 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That AMWEST SURETY INSURANCE COMPANY, A CALIFORNIA CORPORATION does hereby make, constitute and appoint William E. Puts as employee of Lou Jones and Associates its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto if a seal is required,bonds,undertakings,recognizances or other written obliga- tions in the nature thereof, as follows: Small Business Administration Guaranteed Bonds up to$500,000 and to bind AMWEST SURETY INSURANCE COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents,are hereby ratified and confirmed.This appointment is made under and by authority of the following provisions of the By- Laws of the company, which are now in full force and effect: Article III, Section 7 of the By-Laws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of AkIWEST SURETY INSURANCE COMPANY at a meeting duly held on December 15,1975. RESOLVED that the president or any vice-president,in conjunction with the secretary or any assistant secretary, may appoint attorneys in-tact or agents with authority as defined or limited in the instrument evidencing the appoint- ment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings,reeognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney- in-fact Or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the company (1) when signed by the president or any vice-president and attested and sealed(it a seal be required)by any sec- retary Ocassistant secretary; or .(11) when signed by the president or any vice-president or secretary or assistant secretary, and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile t0 any power of attorney or certification thereof authorizing the execution and deliveryof any bond,under- taking,recognizance,or other suretyship obligations of the company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper of. ficer, and its corporate seal to be hereunto affixed this 1st day of July 19 87 AMWEST SURETY INSURANCE COMPANY 'PE'+ix5u91y�F C° / O.P°I,Jr L Gary R. Peterson.President 9 . 0 B I D O P E N I N G R E P O R T Bids opened April 17, 1989 at 2 :00 "fpm Project Title City Street Repairs Project Engineer Brian Perry Pre-Bid Estimate $55,000.00 Bid Bid Bidder: Amount Bond 1 . Excalibur Contracting, Inc. 2 . Griffith Company 21 152' 5U 3 . Jerry Cross Paving Co. 4 . R. J. Noble Company P��7� ✓f �v 5 . Sully-Miller Contracting Co. Q D 9 6 . 7. 8 . 9 . 10 . CC: City Clerk ' s Staff (3) Signed C Public Works (3) City Manager (1) Dated The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. • BID PROPOSAL. For the: CITY STREET REPAIRS From: EXCALIBUR CONTRACTING, INC. Contractor To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1988 Edition, including all supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump • sum given on the following pages of this proposal, amounting to a total of: ds 68 958.00 e a 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 sixty (60) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. • -3- • The estimated quantities of work indicated in the proposal are approximate only being given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen 05) 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 BIDDERS BOND (Insert "$ cash", cashier's check, certified check or bidder's bond on the forms from Pages 18 and 19 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Licensed accordance with an act providing for the registration of contractors -- License No. 513"7 A Signature of Bidder: EXCALIBUR CONTRACTING, INC. X / 0 J.M. YA KLEY, ; RESIDENT • -4- 0 EXCALIBUR CONTRACTING, INC. J.M. YACKLEY, PRESIDENT J.M. YACKLEY, SECRETARY • (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.) 2760 S. HARBOR BLVD., #F Dated: APR 1 7 1989 SANTA ANA, CA 82704 Business Address Dated: APR 1 7 1989 (714) 5567630 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: APR 1 7 1989 0. /�, /Signaturi of Bidd r PRESIDENT Dated: APR 1 7 1989 (714) 556.7630 Telephone Number • • -5- • SCHEDULE OF WORK ITEMS CITY STREET REPAIRS Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amount Junipero Serra Rd. & Camino Capistrano 1 L.S. Gradingg u//(Mc =fqq�r the mp s m price of �(a1a�000•0O� dollars. $4 gp 2 195 Ton Aggregate Baselass ll the unit price ofdk dollars per ton. aO $ 4�1g0.Op 3 544 Ton Asphalt concrele f r the unit price of dollars per ton. $ 31•aO $ ILA-06 4 5055 S.Y. Pavement reinforcing fabric for • the unit price of &2!i-- - dollars per square yard. $ 1.0 b $ 5O ta5_4 5 5500 S.F. Cold Plane 1 1/2" de ero for the sit price of _ doll per square foot. $ .14r> $ ati s-0 0 6 5 Ea. Adjust manhole covers and frames to grad { th unit price of l dollars per each. $ HOC •oO $ 0() O 0 7 L.S. Pavement markings-traffic signs for the p sprice of a o fel dollars. $ 4,100 . 6 Rancho Vieio Road 8 290 Ton Remove and replace 5" thick asphalt concrete or the unit price of ` j. r t dollars per ton. Vv $�5•foO $ IT 9 L.S. Pavement markings for the lump sum pric of °1 dollars. • -6- • SCHEDULE OF WORK ITEMS CITY STREET REPAIRS Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (in Figures) Total Amount Camino Capistrano 10 L.S. Crack seal existing pavement for he _ t m sum price of dollars. Via Cristal/Via perla, View Point Circle do Branding Iron Road 11 130 L.F. Remove and replace existing curb and gutter f re, unit price of dollars per lineal fo $ 5 .D $ }�a50A 12 60 S.F. Remove and replace existing access ramp f r yhe unit price • of Ly(/t t- dollars p r square foot. $ no $ yqo•oo 13 100 S.F. Remove and replace existing driveway approach for the unit price of dollars per square foot. $ '7.00 $ 70 14 225 S.F. Remove and replace 3" thick asphalt concrete for the unit price of akw dollars per square foot. $ 3.Oo $-05—DD General 15 L.S. Traffic control for t e lugnp sum price of dollars. $3.000 .00 Total Bid Price (Enter here and on Page 3) • $ (Ob Ln? -00 Words 'Figures -6a- NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY • BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) SS. County of ORANGE ) J.M. YACKLEY being first duly sworn deposes and says that he is PRESIDENT of EXrAI 1R1jR 1.0NTRACTjNO ENC. 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: APR 1 7 1989 0 X, a I SIGNAT RE On this the 11k*\day of I I 19_%�_ befa a me, the undersigned, a Notary Public in and for said State, personnally appeared J.M. YACKLFY personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) 1 � S subscribed to the within instrument, and acknowledged that executed it. OFFICIAL SEAL hand and official seal. REGINA P. PASKO WITNESS my „� - NOTARY flUk; 4:CALIFORNIA PRINCIPAL OFFICE IN NTY ORANGE OR Ay Commission Exonts Jun e 11. 1991 • Notqq Public in and for said State -7- 0 DESIGNATION OF SUB-CONTRACTORS • Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub-bids of the following listed sub-contractors in making up his bid, and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub-contractor is not listed will be performed by the undersigned through his forces. If no sub-contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub-Contractor Address Phone No. 1 S titAt+ Zj �� S1a, r� dM1ANor • 2 . 3 . 4 . 5 . 6 . 7 . 8 . EXCAL113UR CONTRACTING, INC. BIDDER'S NAME 6, X. 4 AUT ORIZE IG NATURE PRESIDENT • -8- BOND NO. 1140584 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,EXCALIBUR CONTRACTING. INC , as PRINCIPAL, and AMWEST SURETY INSURANCE 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 $ 16,500.00 , for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. TEN PERCENT 10 % NOT TO EXCEED SIXTEEN THOUSAND AND FIVE-HUNDRED":DOLLARS. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated APRIL 14 , 19_12_., for the construction of CITY STREET REPAIRS 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. _ Ig_ STATE OF CALIFORNIA, COUNTY OF—_ Los Angeles ss. On APR 14 19fig —,before me a Notary Public, within and for the said County and State, personally appeared William E. Pitts known tome(or proved tome on the basis of satifactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety,and his own name as Attorney in Fact, n.+•em... nFr4CIALSEAL 4'LC3 7 NC'itnYA tBLIC-CALWORNIA _ moil a bAta _E.ES COUNIY X¢.Rov$,I9U2 NOTARY%IBLIC IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this 14th day ofAEBj_D 19&qthe 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) EXCALIBUR CONTRACTING, INC PRINCIPAL BY: 0 X. i Title: J.M. YA (LEY, pRESIDFNT ATTEST (If Corporation) Corporate Seal AMWESTK SURETY ,SUR ATTEST BY: Title:WILLIAM E. PITTS ATTORNEY IN FACT • Title APPROI S TO FORM: ]ohn Shaw, ity Attorney • AMWEST SURETY INSURANCE CO. P.O. Box 4500 Woodland Hills, CA 91365 (818) 704-1111 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That AMWEST SURETY INSURANCE COMPANY,A CALIFORNIA CORPORATION does hereby make, constitute and appoint William E. Pitts as employee of Lou Jones and Associates its true and lawful Attorneys)-in-Fact, with full power and authority for and on behalf of the company as surety,to execute and deliver and affix the seal of the company thereto if a seal is required,bonds, undertakings,recognizances or other written obliga. tions in the nature thereof, as follows: Small Business Administration Guaranteed Bonds up to$500,000 and to bind AMWEST SURETY INSURANCE COMPANY thereby, and all of the acts of said Attorneysdn-Fact, pursuant to these presents,are hereby ratified and confirmed.This appointment Is made under and by authority of the following provisions of the By- Laws of the company, which are now In full force and effect: Article It, Section 7 of the By-Laws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of AMWEST.SURETY INSURANCE COMPANY at a meeting duly held on December 15, 1976. RESOLVED thstthe president or any vice-president,In conjunction with the secretary or any assistant secretary, may appoint attemeysin-fact or agents with authority as defined or limited in the Instrument evidencing the appoint- ment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney- in-fact or agent and revoke any power of attorney previously granted to such person. .RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the company (1) when signed by the president or any vice-president and attested and sealed(if a seal be required)by any sec- retary or assistant secretary; or (if) when signed by the president or any vice-president or secretary or assistant secretary,and countersigned and sealed(if a Beat be required)by a duly authorized attorney-in-fact or agent; or (iii)when duyexecuted and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the hmfts of the authority evidenced by the power of attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by faoslfnfle to any power of attorney or certification thereof authorizing the execution and delivery of any bond,under- taking,recognizance,or other suretyship obligations of the company;and such signature and seal when so used shall have the Same force and effect as though manually affixed. IN WITNESS WHEREOF,AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper of. ficer, and its corporate seal to be hereunto affixed this 1st day of July 19 87 tV,MSU1Iyrf AMWEST SURETY INSURANCE COMPANY f,01 P°P4ff < Gary R. Peterson,President 'r Karen G.Cohen,Secretary STATE OF CALIFORNIA COUNTY OF ORANGE ss. On this day of APR 1 7 1989 , in the year 19 , before me, the undersigned, a Nota�ryy Public in and for said State, personally appeared J.M. YACKLEY OFFICIAL SEAL and REGINA P. PASKO personally known to me r NOTARY PUBLT CALIFORNIA (or proved to me on the ba 1s of satisfactory evidence)to be h ersons who executed the PRINCIPAL OFFICE IN within instrument as 1y_`Q President and ,�(J��y'��.�i Secretary, ORANGE COUNTY —=� �`—�-- Y. My COMMIS5100 Expires INne 21. 1991 respectively, of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its boar irectors. WITNESS my hand a Ictal se . " i - ACKNOWLEDGMENT—Corp.—Pres 8 sec—Walcops Form 222CA—Rev 11-93 ©1983WOLCOTTs.INC (price class 82) o ry Public in and for said State. AFFIDAVIT OF PUBLICATION This space is for the County Clerk's Filing Stamp R,"aq U" QVR 08 ri.-Ts,EPT STATE OF CALIFORNIA Proof of Publication of County of Orange I am a citizen of the United States and a resident of the BID NOTICE County aforesaid: I am over the age of twenty one years, ....... ..... .. .. .. .. ....... .. .... .. ... .. .. ... .. ... .. .. . and not a party to or interested in the above-entitled matter. I am the principal clerk of the Capistrano Val- ley News,a newspaper of general circulation in the City of San Juan Capistrano, County of Orange, and which newspaper has been adjudicated to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, June 5, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange and the South Orange CountyJudicial *" NOT= ITYS�RhRS District;that the notice,of which the annexed is a true NIEae is h ren n n pan caphasom, printed copy, has been published in each regular and ,waled pxoponds or bide for Om City street$400 p .00,P.M.on the 1716 d4 of March.ism. - entire issue of said newspaper and not in any supple- APn.mdeonfemneeisachedWeeau6m&r.eatialft ment thereof on the following dates, to wit: dnefApril.IM.athe City office,roawn, not ete,,. Copies of Mane and specification,are on file in thefpm* theCiteler!Orson Joan CapWnpo,32Mftaeo Adela� 041. Joan piabano.CalNhmia.and may he obtained at thpqnoa. fo111lpdable Charlie id'SIO.m.Cow a choose of$5.00 for cook~ raw and specifications maned lalsd:March p.this - MARY ANN HANOVER.CfrY--apa��[ March 15, 23, 1989 fSrY OF SAN JUAN CAp18'1' O ORANGE COUNTY,CAf]IA It1lMehat capYrar vall"Nana - 1 hh 18O.IM6- I declare under penalty of perjury that the foregoing is dsi ture and correct. Executed at Mission Viejo, Orange County California,this .....23. dayof. Mar 19 ..89.. .. ..... ... ...... .. .. .... ......... .. ....... .. .. .. ......... Signature Capistrano Valley News 23811 Via Fabricante P.O. Box 3629 Mission Viejo, Calif., 92690 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Jody Kolar, Legal FOR PUBLICATION ON: THURSDAY, MARCH 16, 1989 THURSDAY, MARCH 23, 1989 DOCUMENT TO BE PUBLISHED: NOTICE INVITING BIDS - CITY STREET REPAIRS PROOF OF PUBLICATION: Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 /� (714) 493-1171 AUTHORIZED BY:_ -'Y Gk '� DATE: March 9, 1989 Date of Bid Opening - 04/17/89 Date (s) notice published - 03/16/89 - 03/23/89 Date affidavit received Date notice posted in designated posting places (3) - 03/16/89 NOTICE INVITING BIDS CITY STREET REPAIRS Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the City Street Repairs until 2:00 P.M. on the 17th day of March, 1989. A pre-bid conference is scheduled at 10:00 A.M. on the 10th day of April, 1989, at the City offices to assist contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at the non-refundable charge of $10.00, plus a charge of $5.00 for each set of Plans and Specifications mailed. Dated: March 9, 1989 � _ MARY ANNr� N VER, CITY CLERK CITY OF SA4�1 JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA CCPD Y CITY STREET REPAIRS NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 17th day of April 1989, receive sealed proposals or bids for the CITY STREET REPAIRS in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1988 Edition, including all supplements therefor, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifi- cations. Each proposal or bid must be accompanied by a certified check, cash, cashier's check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the total bid amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a.m. on the 10th day of April 1989, at the City offices. The contractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not dis- seminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one-hundred percent (100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the surety list provided herein. -1- The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of sixty (60) 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 A delanto, 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: ! &V CTT K CITY SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- RESOLUTION NO. 89-3-7-1. COMPLETION OF PUBLIC IMPROVEMENTS AND PRIVATE STREETS, TRACT 11753 (HUNT CLUB PHASE II) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS (SEWER, STORM DRAIN, HIKING/ EQUESTRIAN TRAIL) AND PRIVATE STREETS - TRACT 11753 (HUNT CLUB PHASE II) The Resolution accepted the work as complete and directed the City Clerk to forward a Notice of Completion to the County Recorder within ten days from the date of acceptance. The City Clerk was authorized to exonerate the Letters of Credit for Faithful Performance (Public) , Labor and Material (both @ $264 ,000) , Faithful Performance - Private ($231, 000) , and Monumentation ($5,700) thirty- five days after recording the Notice of Completion. 7. CITY STREET REPAIRS - PLANS SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS (600. 30) <_ As set forth in the Report dated March 7, 1989, from the Director of Public Works, the plans and specifications were approved for repairs to various City streets, including the asphalt concrete overlay of the two-lane section of Junipero Serra Road, minor welding of Camino Capistrano at that intersection, asphalt concrete replacement for the northbound lane of Rancho Viejo Road in the vicinity of Village Road, crack sealing of Camino Capistrano from Ortega Highway to Del Obispo Street, and minor curb and gutter work at Viewpoint Circle, Branding Iron Road, and the corner of Via Cristal and Via Perla. Estimated cost for this project is $55,000, with funds budgeted in the amount of $100, 000. Staff was authorized to call for bids. 8. INSTALLATION OF TRAFFIC SIGNAL, CAMINO CAPISTRANO/ ACJACHEMA STREET PLANS SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS (600.30) As set forth in the Report dated March 7, 1989, from the Director of Public Works, the plans and specifications were approved for the Acjachema Street/Camino Capistrano Traffic Signal Installation Project. Estimated cost for this project is $75, 000, with funds budgeted in the amount of $92, 000. Staff was authorized to call for bids. -6- 3/7/89 AGENDA ITEM March 7, 1989 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: City Street Repairs - Plans and Specifications and Authorization to Receive Bids SITUATION Staff is requesting approval of plans and specifications and authorization to receive bids for various City street repairs. The project includes the asphalt concrete overlay of the two-lane section of Junipero Serra Road and minor widening of Camino Capistrano at this intersection to provide a southbound left-turn pocket. Asphalt concrete replacement for the northbound lane of Rancho Viejo Road in the vicinity of Village Road and crack sealing Camino Capistrano from Ortega Highway to Del Obispo Street is included. Minor curb and gutter work at Viewpoint Circle, Branding Iron Road and the corner of Via Cristal and Via Perla will also be carried out. NOTIFICATION Advance notification signs will be provided on Junipero Serra Road and Camino Capistrano and Rancho Viejo two weeks prior to the start of work. Signs will be 8 feet wide by 4 feet high, with dark brown letters on a beige background and plans are attached for Council consideration. Lane closures will only be permitted between 8:30 a.m. and 3:30 p.m. COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is $55,000. One hundred thousand dollars ($100,000) has been budgeted in Account No. 12-6900-4710-119 this year and sufficient funds are available for the construction of the project. ALTERNATE ACTIONS 1. Approve the advance notification signs and the plans and specifications for City Street Repairs, and authorize Staff to receive bids. 2. Do not approve the plans and specifications. 3. Request additional information from Staff. FOR CITY COUNICIL AGEADf �g AGENDA ITEM • March 7, 1989 Page 2 RECOMMENDATION By motion, approve the advance notification signs and the plans and specifications for City Street Repairs, and authorize Staff to receive bids. `l Respectfully submitted, W•ID. Murphy yJ�� WDM/BP:nb • 1164394 Premium:$1,655.00 Premium Included "EXECUTED IN TREELTME" LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Excalibur Contracting, Inc. , License No. 513967 , hereinafter designated as "Principal", a contract for Construction of City Street Repairs ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Excalibur Contracting, Inc. Principal, and Amwest Surety Insurance Company , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the nal sum of SlxtyEightThousandNineHundredFiftyEightD011ars N0/100 DOLLARS ($ 68,958.02, 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 3, 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_ • 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 21st day of _ April J 19 89 at Los Aneel es California. PRINCIPAL Excalibur Contracting, Inc. J•M. YAC EY, PR (DENT APPROVED AS TO FORM (NOTARIZATION A SEAL) 4A n 1� J 9R. SHAW, CITY ATTORNEY SURETY Am est rety Insurance Company �a- t( William itts, Attorney in Fact (NOTARIZATION AND SEAL) -21- STATE OF CALIFORNIA l }ss. COUNTY OF ORANGE )) On this APR 2 1 1999 day of , in the year 19_, before me, the undersigned, a Notary Public in and for said State, personally appeared J.M. YACKLEY OFFICIAL SEAL REGINA P. PASKO and NOTARY PUBLIC-CALIFORNIA personally known to me PRINCIPAL OFFICE IN ORANGE COUNTY (or proved to me on the basis of satisfactory evidence)to be the`persons who executed the my CommnNon Exmrcs tun.21. 1991 within instrument as 1 President and AA.& 0�_ Secretary, respectively,of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand an�rttis' eal. L OWlEeBMENT—Carp—Pres &Sec—W(pr, to Form 222CN—Rev (1-E9 awo1coTrs.iNc- (p��eeoiet,e-e) Lary Public In and for said State. STATE OF CALIFORNIA, COUNTY OF_ Los Angeles SS. On APR 2 11989 before me a Notary Public, within and for the said County and State, personally appeared William E. Pitts known tome(or proved tome on the basis of satifactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged tome that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety,and his own name as Attorney in Fact. � F' eFht.4t � U QQM CyO7 Y NOTARY PUBLIC y. d..eu 2xt;44tzs ry ? IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for ali purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 21st day of Avri1 19 89 . 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. Excalibur Contracting,Inc. PRINCIPAL 5y N , P west Sur n e Com an SU T By Wi liam E. Pitts, Attorney in Fact APPROVED AS TO FORM , R. SHAW, CITY ATTORNEY -23- STATE OF CALIFORNIA }Ss.COUNTY OFORANGE On this APR 2 1 Isar day of , in the year 19_, before me, the undersigned, a Notary Public in and for said State, personally appeared J.M. YACKLALY OFFICIAL SEAL and REGINA P. PASKO personally known to me NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN (or proved to me on the ba is of satisfactory evidence)to be the persons who executed the ORANGE COUNTY within instrument as President and-".k—.Q Secretary, My Cammrsslan ExBrles IuPo 21. 1491 respectively,of the Corporation therein named,and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board o1 directors. WITNESS my hand and n ACKNOWLEOGMENT—Corp—Pres &Sec—WolcoVs Form 222CA—Rev If 33 1:1983 WOLoorrs,INC (DnoeUas59-2) N ry Public in and for said State. STATE OF CALIFORNIA, COUNTY OF Los Angeles ss. On APR 2 1 1989 , before me a Notary Public, within and for the said County and State, personally appeared William E. Pitts , known to me(or proved to me on the basis of satifactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety,and his own name as Attorney in Fact. s'-� orsL aF 5tAC p " aFjr,,gA SUSAN F.I�Lirf:lts �� X/(.000n7 -C—. LOS MM1 rskl:';1Xlu'ti IV NOTARY PUBLIC fmrm cxg.itG'd.ti,l4'd2 ? • • 1164394 Premium:$1,655.00 "EXECUTED IN TRIPLICATE" PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Excalibur Contracting, Inc. as Principal, hereinafter called CONTRACTOR, andAmwest Surety Insurance Company , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Sixty Eight Thousand Nine Hundred Fifty Eight Dollars NOJ100 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): Construction of City Street Repairs 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 21st day of April 19 89 at Los Angeles . California. PRINCIPAL Excalibur Contracting, Inc. J.M. YAC LEY, PRESIDENT APPROVED AS TO FORM (NOTARIZATION AND SEAL) J NR. SHAW, CITY ATTORNEY SURETY Amw st ety Insurance Company William E. Pitts, Attorney in Fact (NOTARIZATION AND SEAL) -21- STATE OF CALIFORNIA ss. COUNTY OF ORANGE APR ? 1 1999 On this day of in the year 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared J.M. YACKLEY OFFICIAL SEAL and j REGINA P. PASKO personally known to me .ei NOTARY IPALIOFFICE IN or roved to me on the basis of satisfactory evidence to be th PRINCIPAL OFFICE IN ( P Y ) g persons who executed the ORANGE COUNTY within instrument as —A-'l 4 President and ��.Q4 Secretary, My Commimlon EerNre11 s ION 21. 1991 respectively,of the Corporation therein named,and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand anis n ry ACKNOWLEDGMENT—Corp—Pres &Sec—Wolcalis Form 222CA—Rev 1LB7 ••/� C1t999WOLCOTTG,INC (Price class a-21 I o Public in and for said State. STATE OF CALIFORNIA, COUNTY OF Los Angeles 5g. On APR 2 11989 before me a Notary Public, within and for the said County and State, personally appeared William E. Pitts known to me(or proved to me on the basis of satifactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety,and his own name as Attomey in Fact. p _ .�.pw+w+'=•�:�?•,'n',�, NOTARY W6lle ' te;r.v1k a!-3t9- v �'�fY:Yt P'T1 .!SlYtglot n! ,Y'. • 1164394 Premium:$1,655.00 Premium Included "EXECUTED IN TRIPLICATE" LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Excalibur Contracting, Inc. , License No. 513967 , hereinafter designated as "Principal", a contract for Construction of City Street Repairs : and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Excalibur Contracting. Inc. , Principal, and Amwest Surety Insurance Company . as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal SUM of SixtyEightThousandNineHundredFiftyLi tDollars N0/100 DOLLARS ($ 68.958.04, 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 3, 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 sJch 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 WITNE55 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 21st day of Avril 19 89 . 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. Excalibur Contracting,Inc. PRINCIPAL By . M /J.m. YAC EY, PR 'S DEN A estRETY Suret I a .e Company SU By William Pitts, Attorney in Fact APPROVED AS TO FORM nL e �Q,.,j R. SHAW, CITY ATTORNEY -23- STATE OF CALIFORNIA COUNTY OF ORANGE ss. 1 APR 2 1 1989 On this day of in the year 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared J.M. YACKLEY OFFICIAL SEAL y REGINA P. PASKO and .� c NOTARY PUBLIC CALIFORNIA personally known to me PRINCIPAL OFFICE IN (or proved to me on the basis of satisfactory evidence) to bete persons who executed the My Commisswn END,reslure Tl 18l1 - ORANGE Cwithin instrument as —: 0 President and Secretary, un respectively,of the Corporation therein named,and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and is sea . AINNOWLEDC MINT—Corp—eras &Sec—Woicotts Form 222CA—Rev 11-83 sn883 woLcoTTs.INC cnn,e cieee 8-2i N ry Public in and for said State. STATE OF CALIFORNIA, COUNTY OF Los Angeles ss. APR 21 1989 On ,before me a Notary Public, within and for the said County and State, personally appeared William E. Pitts , known to me(or proved to me on the basis of satifactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety,and his own name as Attorney in Fact. Car SuwrtuNE.I t,�a:f� L�llamcnc�i.0 ldtIOAP.Y'War.tC ck111'4 rw� 4 NOTARY PUBLIC *v.6,t)tMa 'e/ec? 1164394 Premium:$1,655.00 "EXECUTED IN TRIPLICATE" PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Excalibur Contracting, Inc. as Principal, hereinafter called CONTRACTOR, andAmwest Surety Insurance Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Sixty Eight Thousand Nine Hundred Fifty Eight Dollars N0/100 Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): Construction of City Street Repairs 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- AGORD. CE TI40FINSURANCE ISSUE DATE(MM/DD/YY) "% 5/22/89 PRODUCER ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Westland Insurance Brokers NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, PO Box 18468 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Irvine, CA 92713 RECEWEO {I��C�OMPANIE�ySAFFORDING COVERAGE COMPANY �J.^' 24 to -.t�fR" + LETTER A NA CODE sue-CODS CITY CLFRK COMPANYB DEPARTMENT INSURED LETTER CITY 1F JAN Excalibur Contracting, Inc. COMPANYJUAN C4P!STRAN3 PO Box 17746 LETTER C Irvine, CA 92713 COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, 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 SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) DATE(MMIDD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000, X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 1,000, X CLAIMS MADE X OCCUR. 003342065 10/15/88 10/15/89 PERSONAL S ADVERTISING INJURY $ 1,000, X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000, FIRE DAMAGE(Any one fire) $ 50, MEDICAL EXPENSE(Any one person) $ 5, AUTOMOBILE LIABILITY COMBINED 1'000' SINGLE $ X ANY AUTO LIMIT X ALL OWNED AUTOS BODILY X SCHEDULED AUTOS BUA3342068 10/15/88 10/15/89 (NPer JUerson) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY $ DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY AND PWC3342070 10/15/88 10/15/89 $ 1,000, (EACH ACCIDENT) $ 1,000, (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ 1,000, (DISEASE—EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Certificate holder shall be named as additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of San Juan Capistrano EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL j( J(QIf[gjlQ[ ATTN' MARY ANNE HANOVER MAIL '10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 32400 Paseo Adelanto LEFT, San Juan Capistrano, CA 92765 AUTHORIZED R7ENTATIVIE ACORD 25-S(3/98) ®ACORD CORPORATION 1998 LIABILITY ENDORSEMENT CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400 Paseo Adelanto San Juan Capistrano, California 92675 ATTN: A. POLICY INFORMATION Endorsement // n/a 1. Insurance Company CNA Insurance Policy Number 003342065 2. Policy Term (From)1(lf15/88 To 1n/15/89 ;Endorsement Effective Date 10/15/88 3. Named Insured Eyralihur Contrant-ing. Tnc_ 4. Address of Named Insured a. 5. Limit of Liability Any One Occurrence Aggregate 1 ,nnn nnn_ S2.nno.000_ General Liability Aggregate (check one:) Applies "per location/project" Is twice the occurrence limit X 6. Deductible or Self-Insured Retention (Nil unless otherwise specified} $ 500. Ded. Re: Property 7. Coverage is equivalent to: Damage 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 n/a 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 and the Community Redevelopment Agency, 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 re4pects: (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 Named 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 fice 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. S. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the polzcy shall not affect coverage provided to the City and the Community Redevelopment Agency, its elected or appointed officers, officials, employees or volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shall 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: Diana .Glazer, Commercial Account Service Rep. Title (Department) Westland Insurance Brokers (Company) 18468 MacArthur Blvd. , #350 Street Address Irvine, Calif. 92713 _(l i4y)_ (SLateT (Zip Code ( 1 ) 833-2382 Telephone D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER It Steffen L. Goltra (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. SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the City) CRC NIZATICN: Westland Insurance Brokers TITLE: Agent/Broker ACCRESS: Irvine, Calif. 92713 TE ppl.{T.p,: ( 714) 833-2382 v f MEMBERS OF THE CITY COUNCIL © ANTHONY L. BLAND / f'�1 LAWRENCE F. BUCHHEIM nOf OlrOnlg4 KENNETH E. FRIESS If Hllulfl 1961 GARY L. HAUSDORFER 1776 PHILLIP R. SCMWARTZE • • CITY MANAGER STEPHEN B JULIAN November 29, 1989 Excalibur Contracting, Inc. 2760 South Harbor Boulevard, Suite F Santa Ana, California 92704 Re: Completion of Street Repairs Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held November 21, 1989, adopted Resolution No. 89-11-21-1, accepting the work completed for the construction of City Street Repairs, in the amount of $73,028.75. A copy of Resolution No. 89-11-21-1 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 27, 1989; therefore, the final payment, in the amount of $7,302.88, may be released on January 1, 1990. Thank you for your cooperation. Very truly yours, Maryo(4 ver, CMC City Clerk MAH/cj Enclosure cc: Director of Public Works Director of Administrative Services Accounts Payable 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92673 0 (714) 498.1171 ason i IJ MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHH EIM .....Loll... KENNETH E. FRIESS LAlI'M1961 GARY L. HAUSDORFER 1776 PHILLIP R. SCHWARTZE •^ • CITY MANAGER STEPHEN B JULIAN September 22, 1989 Excalibur Contracting, Inc. 2760 S. Harbor Blvd.. Suite #F Santa Ana. CA 92704 Re: City Street Repairs Gentlemen: This letter is to record that construction on this project is not complete as of this date. A signed acceptance of the Notice is still required by the City Clerk's Office, and is required prior to any progress payment. The contract provides for an assessment of the sum of $100.00 as liquidated damages for each consecutive calendar day after September 29, 1989, that the work remains incomplete. Very truly yours, Brian Perry Associate Civil Engineer BP:ssg cc: Fico Aguilera Dawn Schanderl t--- 32400 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • 17141 499.1171 J I 3 MEMBERS OF THE CITY COUNCIL ■ ANTHONY L. BLAND LAWRENCE F. IM - mI01,ol.114 KENNETH E. FRIESSIE55 F9Rutxlo I96I GARY L. HAUSOORFER 1776 PHILLIP R. SCHWARTZE 0 CITY MANAGER ' W STEPHEN B JULIAN August 159 1989 Excalibur Contracting, Inc. 2760 S. Harbor Blvd.. Suite #F Santa Ana, CA 92704 Re: City Street Repairs Gentlemen: This letter is to record that although a Notice to Proceed has been issued to you for July 31, 1989, as of today's date no work has been started on this projejct. A signed acceptance of the Notice is still required by the City Clerk's Office. The contract provides for an assessment of the sum of $100.00 as liquidated damages for each consecutive calendar day after September 29. 1989, that the work remains incomplete. Traffic control plans are still required for approval. Advance notification signs are still not in place. These are required for two weeks prior to the start of construction in two areas of the contract. A letter with similar content to the above was sent to you on August 7, 1989, with no response. Very truly your Brian Perry Associate Civil Engineer BP:ssg cc: Fico Aguilera Dawn Schanderll/ 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 f MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM UAm 01.11, KENNETH E. FRIESS 1911Iu111 1961 GARY L. HAUSDORFER 1776 PHILLIP R. SCHWARTZE •'� • CITY MANAGER STEPHEN B JULIAN August T. 1989 Excalibur Contracting, Inc. 2760 S. Harbor Blvd., Suite #F Santa Ana, CA 92704 Re: City Street Repairs Gentlemen: This letter is to record that although a Notice to Proceed has been issued to you for July 31, 1989, as of today's date no work has been started on this projejct. A signed acceptance of the Notice is still required by the City Clerk's Office. The contract provides for an assessment of the sum of $100.00 as liquidated damages for each consecutive calendar day after September 29, 1989, that the work remains incomplete. Traffic control plans are still required for approval. Advance notification signs are still not in place. These are required for two weeks prior to the start of construction in two areas of the contract. Very truly yours Brian Perry Associate Civil Engineer BP:ssg cc: Fico Aguilera / Dawn Schanderl o,enn oeccn encs A"Tn cell nlnr.l re cicTonNln rnI IcnwNne OOg9S • l�ul Hoa- � ,�.. MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. SUCHNEIM KENNETH E. FRIESS �� � mI011,A,xRU GARY L. HAUSDORFER ® If1776 I96I 1776 PHILLIP R. SCHWARTZE ��• CITY MANAGER STEPHEN B JULIAN October 26, 1989 Excalibur Contracting Inc. 2760 S. Harbor Blvd., Ste #F Santa Ana, CA 92704 Re: City Street Repairs Dear Sirs: Please find enclosed one copy of Contract Progress Report No. 1 and Final for your signature. Also enclosed is a further copy of the Notice to Proceed for your signature. Please sign both documents and return to me for processing. Very truly yours Brian Perry Associate Civil Engineer : cc / cc: Dawn Schanderly/ 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 498-1171 Vlease date, sign and return Lr to the City Clerk's Department. �` 4!' MEMBERS OF THE CITY COUNCIL 5`il Q1 ANTHONY L. [LAND LAW•[NC[ F. •UCNM[IM Thank you! Nunn ([NN[TN [. Facsc nnmu„ 1161 DART L. MAyD ORF[M 1776 PHILLIP A. •CNWAMT(( CITY MANAGER !T[FN(N [ JULIAN NOTICE TO PROCEED To: Excalibur Contracting, Inc. 2760 So. Harbor Blvd., Suite #F Santa Ana, California 92704 Project: City Street Repairs Amount of Contract: $68,958.00 You are hereby notified to commence work on the referenced contract on or before July 31, 1989, and to fully complete all of the work of said contract within 60 consecutive calendar days thereafter. Your completion date is September 29, 1989. The contract provides for an assessment of the sum of $100.00 as liquidated damages for each consecutive calendar day after September 29, 1989, that the work remains incomplete. Dated this 25th day of July, 1989. MaryAnn Fanove�C City Clerk ACCEPTANCE OF NOTICE Receipt of the foregoing Notice to Proceed is hereby acknowledged by this day of , 1989. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 CONTRACT PROGRESS RE"T NO. 1 FINAL Proms JULY 31, 1989 To SEPTEMBER 29, 1989 Contract No. Original Contract Prices$ 68,958.00 Date Started JULY 31, 1989 Project Description CITY STREET REPAIRS Date Coepleted SEPT. 29, 1989 COntractOr EXCALIBUR CONTRACTING INC. Addresses 2760 S HARBOR BLVD STE esume exe re 99706 Betiaeted A235.32 Previous Q1sitity Unit' Total Item No. Description Unit Quantity Estimate Yb Dene Price TO Date 1. GRADING L.S. 100% 0 2 2. AGGREGATE BASE CLASS II TON 195 0 235.32 22.00 5 177.04 3. ASPHALT CONCRETE TON 544 0 562.81 31.00 11 447.11 4. PAVEMENT REINFORCING FABRIC S.Y. 5055 5055 0 5055 100 5. COLD PLANE 1 1/2" TO ZERO S.F. 5500 5500 0 0 00 6. ADJUST MANHOLE COVERS 6 FRAMES E.A. 5 5 0 5 60 800.00 7. PAVEMENT MARKING 6 TRAFFIC SIGNS L.S. 100% 100X 0 100% 4.800.00 1 4.800.00 8. R&R 5" ASPHALT CONCRETE TON 290 291 0 291 25.60 7.449.60 _ 9. PAVEMENT MARKINGS L.S. 100% 100X 1 0 100 0 10. CRACK SEAL L.S. 100% 100% 0 100% 42500,.00 4 500.00 11. R&R CURB AND GUTTER L.F. 130 195 0 11 195 25.00 4,875.00 12. R&R ACCESS RAMPE VSF60 60 0 60 8.00 480.00 13. RSR DRIVEWAY APPROACH 100 165 0 165 7.00 1 155.00 14. R&R 3" ASPHALT CONCRETE 225 3900 390 3.00 1 170.00 15. TRAFFIC CONTROL 100% 100% 0 100% 3 000.00 3,000.00 Prepared b Dates I Total Construction Comte to Date 73,028.75 Checked b _ Date d I: Approved by Dates eO 101 Retention 7,302.88 _ CONTRACTOR Total Due to Date 65,725_87____ _ Approved by Approved by CITY ENGINEER DIRECTOR Or PUBLIC WORKS Previous PayMnt 0 Balance Due 65,725.87 � rMEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND •1 LAWRENCEF. BUCNHEIM inl0lvput0 KENN ETN E. FRIESS I IIHMN I9A1 GARY L. HAUSOORFER 176 PHILLIP R. 5CHWART=E 0�• CITY MANAGER STEPHEN 8 JULIAN April 18, 1989 Excalibur Contracting, Inc. 2760 So. Harbor Blvd.. Suite SF Santa Ana, CA 92704 Re: City Street Repairs Gentlemen: Enclosed are two copies of the contract for the above subject project. As low bidder, please sign the documents and return them to this office. Please submit the Performance Bond and Labor and Material Bond on the forms found in the Contract Documents which are enclosed and the Certificate of Insurance which should be for a minimum period of one year, naming the City and/or San Juan Capistrano Redevelopment Agency as additional insured. Please complete and attach the enclosed standard endorsement to the liability certificate. I anticipate that the City Council will consider award of the contract at their meeting of May 16, 1989. These documents must be returned to City Hall on or before May 2, 1989. Very truly Brian Perry Associate Civil Engineer BP:kls cc: Dawn Schanderl Kathleen Salguero Trepa 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 CITY OF SAN JUAN CAPISTRANO t Produced By BRIAN PERRY - APRIL 17 1989 PAGE t OF 2 ;BID SUMMARY - CITY STREET REPAIRS 1EN61NEERS ESTIMATE :EXCALIBUR CONTRACTING INC IR.J. NOBLE COMPANY :SULLY-MILLER CON. CO. !Contract t :2760 S. HARBOR BLVD, STE 4F 1L505 LINCOLN AVE 16145 SANTIAGO CANYON RD 1 :Bids Opened - APRIL 17, 1989, 2.00 P,M. !SANTA ANA, CA 92704 !P.O. BOC 620 :P.O. BOX 432 • !PHONE 1 714-556-7630 !ORANGE, CA 92666 :ORANGE, CA 92666 }---------------------------------------------+--------+-----+------------+------------t--- f------------f------------+------------f------------+----------+ Item Item Description ;BUANTRY !UNIT ! Unit : Total Item 1 Unit : Total Item 1 Unit 1 Total Item ! Unit 1 Total Item : No. 1 Price 1 Price 1 Price Price 1 Price 1 Price 1 Price Price }------------------------------------------------}---------{------}------------{------------{---------------+------------}------------{------------}------------{------------f I GRADING t :L.S. : $3,000.00 : $3,000.00 1112,000.00 l $12,000.00 $4,880.00 1 $4,880.00 : $8,500.00 : $0,500.00 2 A66REGATE BASE CLASS 11 195 !TON $15.00 1 $2,925.00 : $22.00 $4,290.00 : $18.25 : $3,558.75 $23.00 $4,485.00 1 3 ASPHALT CONCRETE 544 !TON $30.00 1 $16,320.00 1 $31.00 1 $16,864.00 $36.65 $19,937.60 $39.00 : $21,216.00 : 4 PAVEMENT REINFORCING FABRIC 1 5,055 !S.Y. 1 $1.00 : $5,055.00 : $1.00 1 $5,055.00 $1.81 1 $9,149.55 $1.10 : $5,560.50 1 5 COLD PLANE 1 lit° TO ZERO 1 5,500 :S.F. , $0.20 1 $1,100.00 : $0.45 1 $2,475.00 : $0.75 1 $4,125.00 : $0.63 : $3,465.00 : 6 ADJUST MANHOLE COVERS 6 FRAMES 5 :EA 1 $300.00 $1,500.00 : $160.00 $800.00 1 $335.00 : $1,675.00 : $265.00 : $1,325.00 7 PAVEMENT MARKINGS 6 TRAFFIC SIGNS 11L.S. $2,000.00 : $2,000.00 1 $4,800.00 1 $4,600.00 1 $4,440.00 : $4,440.003 l $4,200.00 1 $4,200.00 1 8 A 1 A 4• ASPHALT CONCRETE 290 !TON $40.00 1 $11,600.00 : $25.60 $7,424.00 1 $51.45 : $14,920.50 1 $64.00 1 $18,560.00 1 9 PAVEMENT MARK.IN6S 1 :L.S. 1 $1,000.00 1 $1,000.00 1 12,645.00 : $2,645.00 : $310.00 : $310.00 : $300.00 1300.01) : 10 CRACK SEAL I :L.S. 1 $5,000.00 : $5,000.00 1 $4,500.00 : $4,500.00 1 $6,115.00 : $6,115.00 1 $4,250.00 $4,250.00 : 11 R. 6 R CURB 6 BUTTER l30 IL.F. , $15.00 1 $1,950.00 1 125.00 $3,250.00 1 $37.90 1 $4,927.00 1 $54.50 1 $7,085.00 1 12 A S R ACCESS RAMP 60 !S.F. $5.00 : $300.00 : $8.00 i $480.00 1 $9.30 : 1559.00 ; $14.00 $840.00 1 • 13 R 1 A DRIVEWAY APPROACH 100 :S.F. $5.00 $500.00 1 $7.00 1 $700.00 $21.33 : 12,133.00 1 $14.50 $1,450.00 1 14 R $ R 3' ASPHALT CONCRETE 225 !S.F. , $5.00 : $1,125.00 : $3.00 $675.00 : $6.66 1 $1,498.50 $5.30 1 $1,192.50 1 15 TRAFFIC CONTROL 1 IL.S. $1,625.00 1 $1,625.00 $3,000.00 $3,000.00 1 $2,500.00 1 $2,500.00 $3,600.00 : $3,600.00 : }------------------------------------------------+---------+------+------------+------------+---------------+------------+------------+------------+-----------f------------+ TOTAL CONTRACT COST : $55,000.00 1 1 $68,958.00 1 : $80,727.90 : 1 $86,029.00 1 ------------} }------------{ ------------ f------------E t CITY Of SAN JUAN CAPISTRANO t Produced By BRIAN PERRY APRIL 17, 1989 PAGE 2 OF 2 f_o.......e...-....._..cvc=_=:_=c.e.._.-...c....._.ac...__vecc.._.F....._....e.c........___.#=--e..c.....ae=case_=_:==c..a_..c..c._..c..c_.______sa :BID SUMMARY - CITY STREET REPAIRS :ENGINEERS ESTIMATE :JERRY CROSS PAVING CO. :GRIFFITH COMPANY {Contract $ i :P.O. ROM 10442 2020 YALE • Bids Opened - APRIL 17, I9B9 2.00 P.M. :COSTA MESA, CA 92627 :SANTA ANA, CA 91704 }------------------------------------------------i---------;------i------------i------------}---------------}------------i------------}---___-----_} Item Item Description ;QUANTITY !UNIT 1 Unit Total Item ! Unit Total Item ' Unit Total Item 1 No. 1 Price Price 1 Price Price Price 1 Price }------------------------------------------------}---------}------}------------}------------}---------------}------------i------------;------------i 1 GRADING I IL.S. I 13,000.00 I $3,000.00 1$13,900,00 I $13,900.00 1 $10,701.00 ! $10,100.00 ! 2 A66REGATE BASE CLASS 11 ! 195 !TUN $15.00 1 $2,925.00 $21.20 I $4,1.34.00 122.00 1 $4,290.00 3 ASPHALT CONCRETE 544 !TON $30.00 1 $16,320.00 ! $43.30 1 $23,555.20 ! $44.00 I $23,936.00 4 PAVEMENT REINFORCING FABRIC 5,055 :S.Y. $1.00 1 $5,055.00 1 $1.33 16,723.15 ! $1.30 1 16,511.50 i 5 COLD PLANE 1 112" TO ZERO 1 5,500 :S.F. 1 $0.20 1 $1,100.00 $0.60 $3,300.00 $0.80 1 14,400.00 I 6 ADJUST MANHOLE COVERS & FRAMES 5 IEA $300.00 I $1,500.00 I $325.00 $1,625.00 i $330.00 $1,650.00 7 PAVEMENT MARKINGS b TRAFFIC SIGNS I t ILS. 1 $2,000.00 I $2,000.00 1 $6,000.00 1 $6,000.00 I $3,000.00 $3,000.00 1 B R 6 A 4' ASPHALT CONCRETE 290 :TON $40.00 I $11,600.00 I $43.00 ! $12,470.00 1 $50.00 1 114,500.00 I 9 PAVEMENT MARKINGS i I !L.S. $1,000.00 $1,000.00 1 $1,200.00 1 $1,200,00 1 $700.00 $700.00 I 10 CRACK SEAL 1 ILS. 1 $5,000.00 ! $5,000.00 1 $4,675.00 , $4,675.00 1 $4,900.00 1 $4,960.00 I • ll R 5 R CURB 1 6UTTEF. 130 IL.F. $15.00 1 $1,950.00 l $27.00 $3,510.00 I $47.00 1 16,110.00 I 12 R 6 R ACCESS RAMP 60 :S.F. $5,00 1 $300.00 ! $9.00 1 $540.00 1 $12.00 $720.00 I 13 R 1 R DRIVEWAY APPROACH i 100 !S,F, t $5.00 ; $500.00 t $9.00 $800.00 l $13.00 1 31,300.00 l 14 R 1 R 3" ASPHALT CONCRETE 225 IS.F. $5.00 ! $1,125.00 I $5.25 1 $1,181.25 I $7.00 $1,575.00 IS TRAFFIC CONTROL t ILS. $1,625.00 ! $1,625.00 (2,900.00 , $2,900.00 1 $2,800.00 I $2,B00.OTi I i------------------------------------------------i---------}------}------------}------------}---------------}------------i------------;-_-----__--_{ TOTAL CONTRACT COST 1 $55,000.00 I I $86,513.60 1 1 $87,152.50 1 1-----------1 f------------f }-----------1 0 0 MEMORANDUM April 18, 1989 TO: John R. Shaw, City Attorney FROM: Brian Perry, Associate Civil Engineer SUBJECT: City Street Repairs - Project Sureties Bids were opened yesterday. April 17, 1989, for the Capital Improvement Project City Street Repairs. Excalibur Contracting, Inc. were low bidders at $68,958.00 and have used Amwest Surety Insurance Company as Surety. This company is not on your approved list of Surety Companies. Please confirm that they are acceptable for this project. i?" BP:kls cc: Dawn Schanderl CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS ,AND CONTRACT DOCUMENTS CITY STREET REPAIRS CITY COUNCIL GARY L. HAUSDORFER, MAYOR PHILLIP R. SCHWARTZE KENNETH E. FRIESS LAWRENCE F. BUCHHEIM ANTHONY L. BLAND CITY MANAGER S. B. JULIAN DIRECTOR OF PUBLIC WORKS W. D. MURPHY JANUARY 1:989 TABLE OF CONTENTS CITY STREET REPAIRS TITLE PAGE CONTRACT DOCUMENTS Notice Inviting Bids . . .. .. . . .. .. .. .. . . . . . . .. .. .. . . . . . . .. . . . . .. . . . . . . . . .. . . . . . . .1 BidProposal . .. .. .. . . .. .. . . . . .. .. . . . . . . . . .. .. .. . . . . .. . . . . . . . . . . .. .. .. .. . . . . .. .3 Schedule of Work Items . .. . . .. .. .. . . . . .. .. .. .. .. .. .. .. . . .. . . .. . . .. .. .. .. .. .. .. 6 Non-Collusion Affidavit . .. . . . . .. .. . . .. .. .. .. .. . . . . .. .. . . .. . . .. .. .. . . .. .. . . .. .. 7 Designation of Sub-Contractors .. .. . . .. .. .. .. . . . . .. .. .. . . .. .. .. .. .. . . .. .. . . .. . . .9 Instructions to Bidders . . .. . . . . .. .. . . .. .. .. .. .. . . .. .. . . . . .. . . .. .. .. .. .. .. . . .. ..10 Contract .. .. .. .. .. .. .. .. . . .. .. . . .. .. .. .. .. .. . . .. .. .. .. .. .. .. .. .. . . .. .. .. .. . .14 BidBond . . .. .. .. .. .. .. .. . . .. . . . . . . .. .. .. .. .. .. .. .. . . .. .. .. .. . . .. .. .. .. .. .. ..18 Performance Bond.. .. .. . . .. .. .. . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. . . .. .. .. .. .. .. ..20 Labor & Material Bond .. . . .. .. .. . . . . .. .. .. .. .. . . .. .. . . .. .. . . .. .. .. .. .. .. . . . . ..22 Listing of Surety Companies . .. .. . . .. .. .. .. .. .. . . .. .. . . .. . . .. . . .. . . .. .. .. . . . . . .24 SPECIAL PROVISIONS Work to be Done . .. . . .. . . .. .. .. . . . . .. .. .. .. .. .. .. . . .. .. . . .. .. .. .. .. .. .. .. . .SP-1 Section 1 Standard Specifications . .. . . .. .. .. .. .. .. .. .. .. .. .. . . .. .. .. . . . .SP-1 Section 2 Terms Defined . . . . . .. .. .. . . . . . . .. .. .. . . . . . . .. .. .. . . .. .. .. .. ..SP-2 Section 3 Flow and Acceptance of Water . .. .. .. .. . . . . .. .. .. .. .. .. .. .. .. ..SP-2 Section 4 Water .. . . .. . . . . . . .. .. .. .. . . .. .. .. .. . . . . . . .. .. .. .. .. .. . . .. ..SP-2 Section 5 Insurance and Overhead Costs.. .. .. .. .. . . . . . . .. .. .. .. .. .. . . .. ..SP-2 Section 6 Protection of Existing Utilities (Underground Service Alert) .. .. .. .. .. .. . . .. .. . . .. .. .. . . . . ..SP-3 Section 7 Protection f Private Property .. .. .. .. . . .. .. .. . . .. .. .. .. .. . . . . ..SP-3 Section 8 Construction Zone .. .. .. .. .. .. .. .. .. .. .. .. .. .... . . .. .. .. . . . . . .SP-3 Section 9 Pre-Construction Coordination Meeting . .. .. .. . . .. .. . . .. .. .. .. ..SP-3 DETAIL SPECIFICATIONS AND METHOD OF PAYMENT BidItem l Grading . .. .. . . .. .. .. . . .. .. .. .. .. .. . . .. . . .. .. . . .. .. .. . . . . .. . DS-1 BidItem 2 Aggregate Base Class II . .. .. .. .. .. . . .. .. .. .. .. . . .. . . .. . . .. .. . DS-1 BidItem 3 Asphalt Concrete .. .. . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . .. .. . DS-1 Bid Item 4 Pavement Reinforcing Fabric .. .. .. .. .. .. .. .. .. .. . . .. .. .. . . .. . DS-1 Bid Item 5 Cold Plane AC Pavement 1 1/2" Deep to Zero .. .. .. .. .. .. . . .. . . . DS-3 Bid Item 6 Adjustment of Manhole Frames and Cover Sets to Grade. .. . . . . .. . DS-4 Bid Item 7 Pavement Markings. . . .. .. .. . . .. .. .. .. .. . . .. . . .. .. . . .. .. .. .. . DS-4 Bid Item 8 Remove and Replace Existing Asphalt Concrete .. .. . . .. . . .. .. . . . DS-4 Bid Item 9 Pavement Markings . .. .. . . . . .. .. .. .. .. .. .. . . .. . . .. . . .. . . . . . . . DS-5 BidItem 10 Crack Seal . . .. .. .. .. .. .. . . .. .. .. .. .. .. . . . . .. .. . . .. .. .. .. . . . DS-5 Bid Item 11 Remove and Replace Existing Curb and Gutter . .. .. .. .. .. .. .. .. . DS-5 Bid Item 12 Remove and Replace Existing Access Ramp.. .. .. .. .. . . .. . . . . .. . DS-5 Bid Item 13 Remove and Replace Existing Driveway Approach .. .. . . .. . . .. . . 6 DS-5 Bid Item 14 Remove and Replace Existing Asphalt Concrete .. .. .. .. .. .. .. . . . DS-6 Bid Item 15 Traffic Control . . . . .. . . . . .. .. ::. . .. .. .. .. 6 . .. .. .. .. .. . . .. . . . DS-6 CITY STREET REPAIRS NOTICE INVITING BIDS Public notice-is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 17th day of April 1989, receive sealed proposals or bids for the CITY STREET REPAIRS in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1988 Edition, including all supplements therefor, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifi- cations. Each proposal or bid must be accompanied by a certified check, cash, cashier's check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the total bid amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 13 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a.m. on the 10th day of April 1989, at the City offices. The contractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings. for the City shall not dis- seminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, orinter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one-hundred percent (100%) of the contract price. The surety bond'company must be selected from among the surety companies set forth in the surety list provided herein. -1- The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of sixty (60) 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: A&e� 7 CIT K CITY SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- BID PROPOSAL For the: CITY STREET REPAIRS From: Contractor To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1988 Edition, including all supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: Words Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifica- tions or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of sixty (60) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the:basis of corrected totals. -3- The estimated quantities of work indicated in the proposal are approximate only being given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is (Insert "$ cash", cashier's check, certified check or bidder's bond on the forms from Pages 18 and 19 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Licensed in accordance with an act providing for the registration of contractors -- License No. Signature of Bidder: -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.) Dated: Business Address Dated: Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: Signature of Bidder Dated: Telephone Number -5- SCHEDULE OF WORK ITEMS CITY STREET REPAIRS Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amount Junipero Serra Rd. do Camino Capistrano 1 L.S. Grading for the lump sum price of dollars. $ 2 195 Ton Aggregate Base Class II for the unit price of dollars per ton. $ $ 3 544 Ton Asphalt concrete for the unit price of dollars per ton. $ $ 4 5055 S.Y. Pavement reinforcing fabric for the unit price of dollars per square yard. $ $ 5 5500 S.F. Cold Plane 1 1/2" deep to zero for the unit price of dollars per square foot. $ $ 6 5 Ea. Adjust manhole covers and frames to grade for the unit price of dollars per each. $ $ 7 L.S. Pavement markings-traffic signs for the lump sum price of dollars. $ Rancho Viejo Road 8 290 Ton Remove and replace 5" thick asphalt concrete for the unit price of dollars per ton. $ $ 9 L.S. Pavement markings for the lump sum price of _ dollars. $ -6- SCHEDULE OF WORK ITEMS CITY STREET REPAIRS Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (in Figures) Total Amount Camino Capistrano 10 L.S. Crack seal existing pavement for the lump sum price of dollars. $ Via Cristal/Via Perla, View Point Circle & Branding iron Road 11 130 L.F. Remove and replace existing curb and gutter for the unit price of dollars per lineal foot. $ $ 12 60 S.F. Remove and replace existing access ramp for the unit price of dollars per square foot. $ $ 13 100 S.F. Remove and replace existing driveway approach for the unit price of dollars per square foot. $ $ 14 225 S.F. Remove and replace 3" thick asphalt concrete for the unit price of dollars per square foot. $ $ General 15 L.S. Traffic control for the lump sum price of dollars. $ Total Bid Price (Enter here and on Page 3) Words Figures -6a- NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ss. County of ) being first duly sworn deposes and says that he is of the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or 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. Item of Work Sub-Contractor Address Phone No. 1 2 . 3 . 4 . 5 . 6 . 7 . 8 . BIDDER'S NAME AUTHORIZED SIGNATURE -8- INSTRUCTION TO BIDDERS Securing Documents Plans, Specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids". Examination of Plans, Specifications and Site of Work The bidder is required to examine the site of work, the Proposal, the Plans and the Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1988 Edition including all supplements, very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The plans for the work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omissions from the drawings, specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly and fully set forth, or if the Engineer discovers errors, omissions, or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. -9- Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures, the words shall govern. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder shall list his proposed sub-contractors on the form accompanying the proposal in accordance with the provisions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City ,for such a sum of not less than ten (10) percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the pity 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 Irfvjting Bids". The City, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. -11- The bidder to whom the award is made shall execute a written contract with the City and furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after the notice of award of contract. The contract shall be made in the form adopted by the City. The release of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made upon the City's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the con- tract and bonds for the corporation is duly authorized to do so. Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract. Said bonds shall be secured from a surety company listed as acceptable on the list included in these specifications. Bonds must be submitted on the forms contained in these specifications. Time of Performance The work shall be commenced within fifteen (15) calendar days from the date of issuance of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of sixty (60) 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 o' f 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 15 HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 1988 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of City Street Repairs in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual -14- amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay City such sum as the Court may judge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by City in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Depirtment 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- i • any SUB-CONTRACTOR under him, shall pay not less than the foreqoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this construction agreement. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB- CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article -16- Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN CAPISTRANO DATED: BY: MAYOR BY: CONTRACTOR ATTEST: Mary Ann Hanover, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney -17- BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as PRINCIPAL, and as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $ , for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 19___, for the construction of for the City of San Juan Capistrano, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (13) days after the agreement has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to 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 includQd in any judgment rendered. - 1g- IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this day of 19J the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body, Two Witnesses (If Individual) PRINCIPAL BY: Title: ATTEST (If Corporation) Corporate Seal SURETY ATTEST BY: Title: Title le APPROV AS TO FORM: C% Lql�-'� John Shaw, City Attorney -19- 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, incurrbd 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. PRINCIPAL APPROVEDtw k-S MAS,TTO FORMS (NOTARIZATION AND SEAL) J 9R. SHAW, CITY ATTORNEY 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 3, 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 sifch 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 yudgment 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 af Ufixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL By SURETY By APPROVED AS TO FORM n,Lu .,.,j R. SHAW, CITY ATTORNEY -23- Prepared By: Office of City Attorney San Juan Capistrano 7/29/85 LISTING OF SURETY COMPANIES QUALIFYING ENDER SURETY BOND COMPANY RATING CRITERIA The following surety bond companies are qualified to submit surety bonds to the City of San Juan Capistrano. The criteria utilized in rating surety bond companies are: A.M. Best Company Rating of "A"; U.S. Treasury Underwriting Limitation of $1,000,000.00 or more. Use of any other surety company may only be allowed with approval of the City Attorney. AID Insurance Company Aetna Casualty and Surety Company of Illinois Aetna Reinsurance Company Affiliated FM insurance Company Alaska Pacific Assurance Company Allendale Mutual Insurance Company Allstate Insurance Company American Automobile Insurance Company American Casualty Company of Reading, Pennsylvania American Centennial Insurance Company American Credit Indemnity Company American Economy Insurance Company American Indemnity Company The American Insurance Company American Manufacturer's Mutual Insurance Company American Motorists Insurance Company American Mutual Liability Insurance Company American Re-Insurance Company American States Insurance Company Argonaut Insurance Company Arkwright-Boston Manufacturers Mutual insurance Company Associated Indemnity Corporation Atlantic Mutual Insurance Company -24- 0 Listing of Surety Companies, Continued Page Two Auto-Owners Insurance Company Balboa Insurance Company Bankers Multiple Line Insurance Company Boston Old Colony Insurance Company The Camden Fire Insurance Association Centennial Insurance Company Central Mutual Insurance Company The Central National Insurance Company of Omaha The Charter Oak Fire Insurance Company Cigna Insurance Company Commercial Insurance Company of Newark, New Jersey The Connecticut Indemnity Company Continental Casualty Company The Continental Insurance Company Continental Reinsurance Corporation Dependable Insurance Company, Inc. Employers Mutual Casualty Company Employers Reinsurance Corporation Fairmont Insurance Company Farmers Alliance Mutual Insurance Company Federal Insurance Company Federated Mutual Insurance Company The Fidelity and Casualty Company of New York Fidelity and Deposit Company of Maryland Fireman's Fund Insurance Company Firemen's Insurance Company of Newark, New Jersey First National Insurance Company of America Foremost Insurance Company Fremont Indemnity Company General Accident Insurance Company of America General Insurance Company of America General Reinsurance Corporation -25- Listing of Surety Companies, Continued Page Three The Glens Falls Insurance Company Global Surety do Insurance Co. Globe Indemnity Company Grain Dealers Mutual Insurance Company Great American Insurance Company Greater New York Mutual Insurance Company Gulf Insurance Company The Hanover Insurance Company Harco National Insurance Company Harleysville Mutual Insurance Company Hartford Accident and Indemnity Company Hartford Casualty Insurance Company Hartford Fire Insurance Company The Hawaiian Insurance do Guaranty Company Highlands Insurance Company Highlands Underwriters Insurance Company The Home Indemnity Company The Home Insurance Company Houston General insurance Company INA Reinsurance Company ITT Lyndon Property Insurance Company Imperial Casualty and Indemnity Company Indemnity Insurance Company of America Industrial Indemnity Company Insurance Company of North America Insurance Company of the West Integrity Insurance Company International Insurance Company Iowa National Mutual Insurance Company John Deere insurance Company Liberty Mutual Insurance Company Lumbermens Mutual Casualty Company -26- 0 Listing of Surety Companies, Continued Page Four Maryland Casualty Company Mead Reinsurance Corporation The Mercantile and General Reinsurance Company of America Michigan Millers Mutual Insurance Company Michigan Mutual Insurance Company Mid-Century Insurance Company The Millers Mutual Fire Insurance Company of Texas Munich American Reinsurance Company National Fire Insurance Company of Hartford National Indemnity Company The National Reinsurance Corporation National Surety Corporation Nationwide Mutual Insurance Company New Hampshire Insurance Company New York Underwriters Insurance Company Newark Insurance Company North American Reinsurance Corporation The North River Insurance Company North Star Reinsurance Corporation Northbrook Property and Casualty Insurance Company Northwestern Pacific Indemnity Company The Ohio Casualty Insurance Company Ohio Farmers Insurance Company Old Republic Insurance Company Pacific Employers Insurance Company Pacific Indemnity Company Peerless Insurance Company Pennsylvania Manufacturers' Association Insurance Company Phoenix Assurance Company of New York The Phoenix Insurance Company Progressive Casualty Insurance Company Protective Insurance Company -27- Listing of Surety Companies, Continued Page Five Prudential Reinsurance Company Ranger Insurance Company The Reinsurance Corporation of New York Reliance Insurance Company Republic Insurance Company Republic Western Insurance Company Royal Indemnity Company Royal Insurance Company of America SAFECO Insurance Company of America St. Paul Fire and Marine Insurance Company St. Paul Mercury Insurance Company Seaboard Surety Company Security Insurance Company Select Insurance Company Skandia America Reinsurance Corporation South Carolina Insurance Company The Standard Fire Insurance Company State Farm Fire and Casualty Company Transamerica Insurance Company Transamerica Premier Insurance Company Transcontinental Insurance Company Transportation Insurance Company The Travelers Indemnity Company The Travelers Indemnity Company of America The Travelers Indemnity Company Trinity Universal Insurance Company Twin City Fire Insurance Company Unigard Security Insurance Company United Fire be Casualty Company United Pacific Insurance Company United States Fidelity and Guaranty Company ' United States Fire Insurance Company -28- CITY OF SAN JUAN CAPISTRANO CITY STREET REPAIRS SPECIAL PROVISIONS WORK TO BE DONE The work to be done under this contract is at various locations within the City of San Juan Capistrano as shown on the plans and detailed below and all including traffic control: Junipero Serra Road - Asphalt concrete overlay, minor widening and restriping. Rancho Viejo Road - Remove and replace asphalt concrete, restriping. Camino Capistrano - Crack seating. Via Cristal/Via Perla - Remove and replace curb, gutter and sidewalk. View Point Circle - Remove and replace curb, gutter and driveway apron. Branding iron Road - Remove and replace curb, gutter and asphalt concrete. SECTION i - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1988 Edition, hereinafter referred to as the Standard Specifications. The Contractor shall maintain a copy of this book on the job-site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Contract Termination "If at any time, in the opinion of the Public Works Director, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, appliances, and plant,, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the materials coritracted 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 SP-1 0 0 the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release "the Contractor or the sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited with the amount of monies so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operation of the contract and the completion of the work by the City as provided above, and the Contractor will be credited with any surplus remaining after all just claims for such completion have been paid." Change 2: Section 8 - Facilities for Agency Personnel Delete this Section. SECTION 2 - TERMS DEFINED Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City departments or persons shall be intended: AGENCY shall mean City of San Juan Capistrano, whenever appropriate. BOARD shall mean the City Council of the City of San Juan Capistrano. ENGINEER shall mean City Engineer or other person(s) designated by same. SECTION 3 - FLOW AND ACCEPTANCE OF WATER Surface or other waters may be encountered at various times during construction. The Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of the Contractor to protect his work from danger due to any waters encountered. Should any damage to the work due to surface or other water occur prior to acceptance of the work by the City, the Contractor shall repair such damage at his expense. SECTION 4 - WATER Water will be available from the Capistrano Valley Water District. Arrangements for temporary construction water services permit and water service may be made by contacting the Capistrano Valley Water District at 714/493-1515 one week prior to need for service. All water facility construction shall conform to the "Standard Specifications," Capistrano Valley Water District, and "The Uniform Plumbing Code," 1982 Edition. SECTION 5 - INSURANCE AND OVERHEAD COSTS The Contractor shall receive no direct compensation for insurance and overhead (move-in costs, for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. SP-2 SECTION 6 - PROTECTION OF EXISTING UTILITIES (UNDERGROUND SERVICE ALERT The Engineer has endeavored to show all existing utilities. The Contractor must, however, take all due precautionary measures to protect all of the existing utilities. The Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any construction work. The Contractor's attention is directed to the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the USA by calling 1-800-422-4133. Other utility phone numbers are noted on Sheet 1 of the plans. 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 4 - PRE-CONSTRUCTION COORDINATION MEETING Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor, the Engineer, and involved utility representatives. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor will be required to submit a complete schedule showing the number of working days required to complete,each phase of the project. This schedule shall be approved by the City Engineer prior to the start of construction. SP-3 CITY OF SAN JUAN CAPISTRANO CITY STREET REPAIRS DETAIL SPECIFICATIONS AND METHOD OF PAYMENT BID ITEM 1 - GRADING The work for this item shall consist of excavation for the road widening and shoulder grading and shall include the import or exporting of material to accomplish this work. PAYMENT Payment for grading shall be at the contract lump sum bid which shall be full compensation for furnishing all labor, materials equipment, an incidentals necessary to complete the work as specified and shown on the plans and no additional payment shall be made therefor. BID ITEM 2 - AGGREGATE BASE CLASS II Aggregate base shall conform to Orange County Environmental Management Agency Special Provisions for untreated base materials (Standard Plan 804) and Sections 400-2 of the Standard Specifications. PAYMENT The unit price bid per ton for aggregate base shall include all labor, materials, tools and equipment necessary to construct the pavement base and no additional compensation shall be made therefor. BID ITEM 3 - ASPHALT CONCRETE The bid item shall include the furnishing and placing of asphalt concrete as indicated on the plans and in the specifications. The workmanship and materials necessary to complete the work as required shall conform to Section 302-5 of the Standard Specifications and Orange County Standard Plan 1805. PAYMENT The unit price bid per ton for asphalt concrete shall include all labor, material, tools and equipment necessary to construct the asphalt concrete paving, and no additional equipment shall be made therefor. BID ITEM 4 - 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. o 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 DS-1 of 0.25 gallons 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 of each side. Before applying binder, cracks, large cracks, spills and chuckholes in existing pavement shall be repaired in a manner approved by the Engineer. The cost of such repair work will be included in this item. Raised areas of asphalt which would protrude into the overlay shall also be removed. 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 cus to remove the wrinkle, then lapped. i 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 or 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 roil 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 rpevent fabric from being picked up by construction equipment. Public traffic shall not be allowed on the bare reinforcing fabric, except that public cross traffic shall be allowed to cross the fabric under traffic control, after the Contractor has placed a small quantity of asphalt concrete over the fabric. Care shall be taken to avoid tracking binder material onto the pavement reinforcing fabric or distorting the fabric during seating of the fabric with rolling equipment. If necessary, exposed binder material shall be covered lightly with sand. Section 88-1.01 Description - Engineering fabrics consisting of pavement reinforcing fabric and filter fabric shall conform to the requirements in this Section 88, "Engineering Fabrics." Engineering fabrics shall be placed in accordance with the various sections of these specifications requiring the use of an engineering fabric or as specified in the Special Provisions. A Certificate of Compliance for each kind of engineering fabric used on the project shall be furnished to the Engineer in accordance with the provisions in sEction 6-1.07, "Certificates of Compliance." Engineering fabrics shall be furnished to the Engineer in protective covers capable of protecting the fabric from ultraviolet rays, abrasions and water. DS-2 Section 88-1.02 - Pavement REinforcing Fabric - Pavement reinforcing fabric shall be manifactured from poloyester, polypropylene, or polopropylene-nylon material. The fabric shall be non-woven, and shall conform to the following: Weight, ounces per square yard ASTM Designation: D 1910 3.0 to 8.0 Grab tensile strength (1-inch grip, pounds min. ASTM Designation: D 1117 90 Elongation at break, percent, min. ASTM Designation: D 1117 40 Fabric thickness, mils. ASTM Designation: D 461 12 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 S - COLD PLANE A. C. PAVEMENT 1 1/2" DEEP TO ZERO The work will consist of cold planing the pavement l 1/2" deep to zero where shown on the plans and as directed by the Engineer, using a continuous moving asphalt and cold planer. The surface of the pavement after planing shall be uniformly rough grooved or ridged. The grade shall not deviate from a suitable straight edge more than 3/8-inch at any point. The machine used for cold planing shall have performed satisfactorily on similar work to this project and meet the following requirements: The planing machines shall be specially designed and build to perform cold planing of bituminous payment with the ability to plane concrete patches; the cutting drum shall be a minimum 60" wide with carbid tip cutting teeth placed in variable lacing pattern to produce a grooved, but uniform finish. The machine shall be capable of operation at speeds from 0 to 40 RPM. It shall be self-propelled and have a water spray at the cutting drum to minimize dust; the machine shall be capable of removing the material adjacent to the concrete gutter. The planer shall be so designed that hte operator thereof can at all times obseve the planing operation without leaving the controls. The cutting drum shall be adjustable as to slope and depth, and shall deep cut in one pass a maximum of three inches (3") without producing fumes or smoke. The Contractor shall provide a small machine to trim areas inaccessible to the larger machine where necessary. The sfntaller machine shall be maneuverable nad shall be equipped with a 12" wide cutting drum mounted on a 3 wheel chassis allowing it to be positioned without interrupting traffic or pedestrian flow. During and after the planing operation, the,Contractor shall sweep the street with mechanical equipment and remove all loosened material from planed area. Teh DS-3 Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling with water and other means as necessary. PAYMENT Payment for cold planing 1 1/2" 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 shwon on the plan and as directed by the Engineer and no additional payment shall be made therefor. BID ITEM 6 - 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. Water District gate valves shall be set per standard plan W3. PAYMENT The lump sum bid for adjusting manhole frames 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 7 - PAVEMENT MARKINGS do TRAFFIC SIGNS As soon as practicable following the street 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. This item shall also include relocating existing traffic signs as shown on the plans. PAYMENT The lump sum bid for pavement marking and traffic sign 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 - REMOVE AND REPLACE EXISTING ASPHALT CONCRETE The work will consist of removing and disposal of existing asphalt concrete and aggregate base to a depth of 5"as shown on the plans and as directed by the Engineer. The bid item shall also include the furnishing and placing of asphalt concrete 5" thick 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. Existing underlying base shall be recompacted to 95% before placing new asphalt. PAYMENT The unit price bid per ton for removing and repjacing asphalt concrete shall be based on the tonnage of asphalt placed and shall include labor, material, tools, and equipment necessary to remove and replace the asphalt concrete paving, and no additional compensation shall be made therefor. DS-4 BID ITEM 9 - PAVEMENT MARKINGS As soon as practicable following the street 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 10 - CRACK SEAL The work for this item shall include cleaning out and repairing all cracks, large cracks, spills and chuckholes in the existing pavement in a manner approved by the Engineer. PAYMENT The lump sum bid for crack sealing shall include all work specified and shall include all labor materials, tools and equipment and no additional compensation shall be made therefor. BID ITEM 11 - REMOVE AND REPLACE EXISTING CURB AND GUTTER The work for this bid item shall include removing existing curb and gutter and reconstructing to the grades shown on the plans or staked in the field. Any removal and replacement of asphalt concrete in front of the gutter shall be sawcut and shall be replaced at the contractors expense except for the areas on Branding Iron Road. PAYMENT The unit price bid per lineal foot for removing and replacing curb and gutter shall include all labor, materials, tools and equipment and no additional compensation shall be made therefore. BID ITEM 12 - REMOVE AND REPLACE EXISTING ACCESS RAMP The work for this bid item shall include removing existing access ramp and constructing to match existing sidewalk grades and new curb and gutter grades. PAYMENT The unit price bid per square foot for removing and replacing existing access ramp shall include all labor, materials, tools and equipment and no additional compensation shall be made therefor. BID ITEM 13 - REMOVE AND REPLACE EXISTING DRIVEWAY APPROACH The work for this bid item shall include removing existing driveway approach and reconstructing to match existing sidewalk grades and new curb and gutter grades. OS-5 PAYMENT The unit price bid per square foot for removing and replacing existing driveway approach shall include all labor, materials, tools and equipment and no additional compensation shall be made therefor. BID ITEM 14 - REMOVE AND REPLACE EXISTING ASPHALT CONCRETE The work will consist of removing and disposal of existing asphalt concrete shown on the plans and as directed by the Engineer. The bid item shall also 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 1803. Existing underlying base shall be recompacted to 95% before placing new asphalt. PAYMENT The unit price bid per ton for removing and replacing asphalt concrete shall include Labor, material, tools, and equipment necessary to remove and replace the asphalt concrete paving, and no additional compensation shall be made therefor. BID ITEM 15 - TRAFFIC CONTROL 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. 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. Lane closures will be permitted between the hours of 8:30 a.m, and 3:30 p.m. The contractor shall provide and maintain in place three signs, one on Junipero Serra Road and two on Camino Capistrano (8 feet wide by 4 feet high) as follows: PARDON THE INCONVENIENCE ASPHALT OVERLAY PROJECT TO IMPROVE JUNIPERO SERRA ROAD AND CAMINO CAPISTRANO (DATE) THROUGH (DATE) CITY OF SAN JUAN CAPISTRANO DS-6 The contractor shall provide and maintain in place two signs, one at each end of Rancho Viejo Road, (g feet wide by 4 feet high) as follows: PARDON THE INCONVENIENCE STREET MAINTENANCE PROJECT TO IMPROVE RANCHO VIEJO ROAD (DATE) THROUGH (DATE) CITY OF SAN JUAN CAPISTRANO Letters shall be dark brown on a beige background. These signs shall be positioned two weeks prior to the start of construction and shall remain in place during construction. PAYMENT The lump sum bid for traffic control shall include all work as specified for the duration of the project until striped and shall include all labor, materials, tools and equipment and no additional compensation shall be made therefor. DS-7 VALVE BOX AMD COV=R FLUS4 WITH FINALGRAOE. f TYLER 6855 CAST IRON OR APPROVED 70UAL . r ' AGGREGATE BASE 3" MIN. A. C. PAVEMENT AT COLLAR I COVER.'AARK E0IYATER" Tj I C 12 i " CONCRETE COLLAR COMPACTED BACKFILL WITH CLEAN- BACKFILL WASHED SAND. WITH A _ •- _— SAND EQUIVALENT OF 30. SATE VALVE i -- CO\CR&TEw''• ASBESTOS Cr_':-NT 1j % ANCHOR DLOCK+ -•I •..• ' ` m WATER LI',c �'.� /;• v. \ - • ,:,1:��:._�'�-. • •� UNDISTUR=_0 ::PTH ED i,C.R7!0`tS CCATED WIT?+ Z'J 1•'.I?J r.'JI+. `i� at MA':' NG 244 FL DP S CC. BiTU'vL57iC NO.505 7 ORANGNWATER I. �' •'- ,s w "c' EQUALS TN_ LAY,?:C LEND- WORKS O I ST R CT NO. 4 O TF;i Vi.i.VE LESS 2 R4CrES A?Pt. 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