1989-0502_VALLEY SLURRY SEAL COMPANY_ContractCONTRACT
.1.._ 0 City Copy
This contract is made and entered into by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as City and Valley Slurry
Seal Company hereinafter referred to as CONTRACTOR.
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to
include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond,
the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is
prepared for execution by the City and the Contractor, Plans, Specifications and Special
Provisions, the Standard Specifications for Public Works Construction, 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 SLURRY SEAL OF CITY STREETS in strict
conformity with the Plans, Specifications and all other contract documents, which
documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto,
San Juan Capistrano, California.
THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump
sum adjusted for variations of quantities, at the prices designated in bid proposal at the
time and in the manner set forth in the Specifications.
FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR
agrees to begin and complete the work within the time specified in the Notice Inviting
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• • City Copy
Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual
amount of damages, and loss sustained by City, should CONTRACTOR fail to complete
the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated
damages, not in the nature of a penalty, one hundred dollars ($100) per calendar day for
each day delayed; provided that extensions of time with waiver of liquidated damages,
may be granted as provided in the Specifications.
FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR
agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing
payment of all labor and material used under this contract, as required by the laws of the
State of California, on forms approved by City. The Performance Bond shall be for an
amount of one hundred percent (100%) of the amount of this contract and shall be
conditioned on full and complete performance of the contract, guaranteeing the work
against faulty workmanship and materials for a period of one (1) year after completion
and acceptance. The Labor and Material Bond shall be for an amount of one hundred
percent (100%) of the amount of this contract and shall be conditioned upon full payment
of all Labor and Material entering into or incidental to the work covered by this
/ contract. CONTRACTOR agrees to furnish the bonds on the forms found within the
l Specifications.
C.
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
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any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified
prevailing rates of wages to all workmen employed in the execution of the contract.
SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this
contract liability and property damage insurance naming the City and its elected and
appointed officials as a named insured, which such policies shall be of an amount not less
than One Million Dollars combined single limit. Insurance certificates shall be for a
minimum period of one year.
The insurance policies shall bear an endorsement or shall have an attached rider
providing that in the event of expiration or proposed cancellation of such policies for any
reason whatsoever, the City shall be notified by registered mail, return receipt
requested, giving a sufficient time before the date thereof to comply with the applicable
law or statute but in no event less than 30 days before expiration or cancellation is
effective. CONTRACTOR shall provide to City the policy certificate establishing that
the required level of insurance has been satisfied.
i
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
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C
permitted to work more than eight (8) hours in violation of the provisions of Article
Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as
permitted by law.
IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of
City, pursuant to Council action, and by CONTRACTOR on the date set before the name
of each.
CITY OF SAN JUAN CAPISTRANO
DATED: May 2, 1989 BY:
MA O Gary L. Haus orfe
VALLE`{ ALURRY SEAL CO PANY
BY: A CgIFORNIA CORPO ION
ATTEST:
,r.lmmmm- - MI.,
APPROVED AS TO FORM:
John t
Shaw, City Attorney
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REE()
STATE OF CALIFORNIA
COUNTY OF..Sacramento _ ss.
OFFICIAL SEAL
B. TERRI SCHMITT
.# NOTARY PUBItC CAiIfORNIA
SACRAMENTO COUNTY
MY COMMISSIOM EkPIRES MAY 3,199!
12th April
On this...................day of ............ ................... ...,in the year
1989 before me,
.......................I......... .....................
.. Terri Schmitt...,allotaryPublic,StateofCalifornia,
....................
duly licensed and sworn, personally ap eared ................................. .
Jeffrey... Reed ................................
personally known to me (or proved to me on the basis of s tisfacto vidence)
�il
to be the person who executed the within instrument as ....reslinnil .
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS W RJ OF I hi h reunto set my hand and affixed
my official seal in the tate Of �a 1 1 . , County of ....................
This aoismeibs orry a general form which may be proper for use m simple SdCrdment0 ,on the date set forth above in this certificate.
transections am an no way acts, or is Intended to aft as a substitute for me
adwceutananorney The printer does not make any warranty either express or ari as to the
legal mi
itliry of any prowypn or the sutlani of these forms in any spscf¢ transaction
Cowderye Form No. 28 —Acknowledgement to Notary Public —
Notary Public, State of California
Corporation (C. C. Secs. 1190-1190.1) — (Rev. 1/83)
STATE OF CALIFORNIA
COUNTY OF ...Sacramentoss... ....
OFFICIAL SEAL
B. TERRI SCHMITT
LL . NOTARY PUBLIC CALIFORNIA
kI SACRAMENTO COUNTY
MY COMMISSION ERPiRES MAY 3,1991
My commission expires
12th April
On this ................... day of .................................. , in the year
.............1989................................................. I .. , before me,
B.Terri Schmitt ............... a Notary Public, State of California,
duly licensed and sworn, personally apared................................. .
r.
Jeffrey...Reed .............................. .
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as ....President
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I have h eunto set my hand and affixed
State of Call.
my official seal in the ........................... .County of ....................
This Uocument,sonly agenera, form which may is, proper In, me in simple _ .Sacramento ,.. ,on the date set fortove in this certificate.
transactions
ttoinnowayanter oro nor maktoan.arraty steuteforfie � ` � `�_
eJvee el an atlorney. The poorer "a nor make anY warranty enFRr eSprassor implied as to the (—�� _�/L
agar vala'" of any pro"`nn or the scitamlm a these forms in ai specific transaction Notary Public, State of California
Cowdery's Form No. 28 — Acknowledgement to Notary Public —
Corporation (C. C. Secs. 1190-1190.1) — (Rev. 1/83) My commission expires
11
4. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated September 5, 1989, from the Secretary of
the Equestrian Commission, regarding actions taken at the
meeting of August 14, 1989, was ordered received and filed.
5. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated September 5, 1989, from the Secretary of
the Parks and Recreation Commission, regarding actions
taken at the meeting of August 21, 1989, was ordered
received and filed.
REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated September 5, 1989, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of August 22, 1989, was ordered received and
filed.
7. SLURRY SEAL OF CITY STREETS - RESOLUTION. NOTICE OF
COMPLETION AND FINAL REPORT (VALLEY SLURRY SEAL) (600 30) < --
As set forth in the Report dated September 5, 1989, from
the Director of Public Works, the slurry seal of the
northern half of Via de Agua, Avenida Calita, Calle Dorado,
Calle Don Carlo, Via La Mirada, Calle Esperanza, Connemara
Drive, Glenariff Lane, Shamrock Lane, Calle Miramar,
Avenida Pescador, Paseo Del Este, Calle Delgado, Don Juan
Avenue, Andres Pico Road, Ysidora Street, and Guadalupe
Street was completed.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 89-9-5-1. COMPLETION OF SLURRY
SEAL OF CITY STREETS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
SLURRY SEAL OF CITY STREETS
The Resolution accepted the work as complete in the amount
of $42,422.34 and directed the City Clerk to forward a
Notice of Completion to the County Recorder. Staff was
authorized to release the 10% retention in the amount of
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9/5/89
$4,242.23 thirty-five days after recording the Notice of
Completion.
8. SAN JUAN HOT SPRINGS DANCE HALL EXPANSION - PLANS,
SPECIFICATIONS, AND AUTHORIZATION TO RECEIVE BIDS (600.30)
As set forth in the Report dated September 5, 1989, from
the Director of Public Works, the plans and specifications
were approved for the construction of a 306 square foot
addition to the rear of the existing Hot Springs Dance
Hall building, at an estimated cost of $25,000. Staff was
authorized to call for bids.
9. SOUTH COUNTY AIRPORT SITE - APPOINTMENT OF PETITION DRIVE
CHAIRMAN (940.30)
As set forth in the Report dated September 5, 1989, from
the Assistant to the City Manager, Ms. Ilse Byrnes was
appointed as Chairperson for the petition drive opposing
the Portero/Los Pinos site as a possible Orange County
airport location.
10. DENIAL OF CLAIM PERSONAL INJURY (LYNN HAWTHORNE)
(170.70)
The claim received by the City Clerk's office on August 1,
1989, from John Wells, Esq. on behalf of Lynn Hawthorne in
the amount of $10,000 for injuries sustained from setting
off fireworks for the City on July 4, 1989 was denied, as
set forth in the report dated September 5, 1989, from the
City Attorney.
REPEAL OF OUTDATED AGREEMENTS - MARBELLA PROPERTY (600.30)
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim and carried with Councilman Friess
abstaining that the agreement terminating the November 7,
1979, Development Agreement and the November 17, 1981,
Subdivision Improvement Agreement between the City and
Crow San Juan Ranch be approved, as set forth in the
Report dated September 5, 1989, from the City Attorney.
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9/5/89
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION
September 5, 1989
Stephen B. Julian, City Manager
W. D. Murphy, Director of Public Works
Meredith Canyon, Alto Capistrano, Mission Hill Slurry Seal (Valley
Slurry Seal)- Resolution, Notice of Completion and Final Report
The Slurry Seal of the following City streets 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 northern half of Via de Agua, Avenida Calita, Calle Dorado, Calle Don Carlo,
Via La Mirada, Calle Esperanza, Connemara Drive, Glenariff Lane, Shamrock Lane,
Calle Miramar, Avenida Pescador, Paseo Del Este, Calle Delgado, Don Juan Avenue,
Andres Pico Road, Ysidora Street and Guadalupe Street.
NOTIFICATION
Valley Slurry Seal.
COMMISSION/BOARD REVIEW. RECOMMENDATIONS
Not Applicable.
FINANCIAL CONSIDERATIONS
The Contract was awarded to Valley Slurry Seal for $41,801.00. The final project cost is
$42,422.34 due to minor changes in final quantities from the original estimate. 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.
RECOMMENDATION
By resolution, determine that the work for the Slurry Seal of City streets has been
completed and declare the work to be accepted; direct the City Clerk to forward a
Notice of Completion to the County Recorder for recording; and authorize Staff to
release the 10 percent retention in the amount of $4,242.23 thirty five (35) days after the
recordation of the Notice of Completion.
Respectfully submitted,
W. D. Mc r
W. D. urph
WDM/BP:sg rr- ' ^— 0%P%TfNCILAGEND
0
RESOLUTION NO. 89-9-5-1
COMPLETION OF SLURRY SEAL OF CITY STREETS (VALLEY SLURRY SEAL)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
SLURRY SEAL OF CITY STREETS (VALLEY SLURRY SEAL)
WHEREAS, on the 2nd day of May, 1989, the City of San Juan Capistrano
entered into a contract with Valley Slurry Seal for the Slurry Seal of City Streets; and,
WHEREAS, the Director of Public Works has evaluated the final quantities and
cost figures and recommends approval.
NOW, THEREFORE BE IT RESOLVED 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
$42,422.34.
SECTION 3. That the work is hereby accepted and approved.
SECTION 4. The City Clerk is directed to forthwith forward a "Notice of
Completion" to the County Recorder of the County of Orange for recording.
PASSED, APPROVED, AND ADOPTED this 5th day
of September '1989.
GARY L. AUSDORFER, Mr
OR
ATTEST:
j =-
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0 0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 89-9-5-1 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 5th day
of September , 1989, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland and
Mayor Hausdorfer
NOES: None.
ABSENT: None.
(SEAL)
MARY AN ANOVE , CFrY CLERK
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1776 � 1961
1776
P1`
September 12, 1989
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUCHNEIM
KENNETH E. FRISS$
GARY L. HAUSOORPER
PHILLIP R. SCHWARTSE
CITY MANAGER
STEPHEN B JULIAN
Valley Slurry Seal
P. O. Box 26132
Sacramento, California 95826
Re: Completion of Slurry Seal of City Streets
Gentlemen:
The City Council of the City of San Juan Capistrano at its regular meeting held
September 5, 1989, adopted Resolution No. 89-9-5-1, accepting the work
completed for the slurry seal of City Streets, in the amount of $42,422.34.
A copy of Resolution No. 89-9-5-1 is enclosed for your information.
The retention will be payable upon 35 days from recording of the Notice of
Completion. The Notice was recorded on September 7, 1989; therefore, the final
payment, in the amount of $4,242.23, may be released on October 12, 1989.
Thank you for your cooperation.
Very truly yours,
Mary Ann Hanover, CMC
City Clerk
MAH/cj
Enclosure
cc: Director of Public Works
Director of Administrative Services
Accounts Payable
32400 PASEO ADELANTO, SAN JUAN CI`ISTRANO, CALIFORNIA 92675 0 (714) 499.1171
NOTICE TO PROCEED
TO: Valley Slurry Seal Company
P.O. Box 26132
Sacramento, California 95826
Project: Slurry Seal of City Streets
Amount of Contract: $41,801.00
You are hereby notified to commence work on the referenced contract on or before
May 22, 1989, and to fully complete all of the work of said contract within 45
consecutive calendar days thereafter. Your completion date is July 6, 1989.
The contract provides for an assessment of the sum of $100.00 as liquidated damages for
each consecutive calendar day after July 6, 1989, that the work remains incomplete.
Dated this 22nd/dray of May, 1989.
Mary Ann Hanover, CMC
City Clerk
ACCEPTANCE OF nrnTlr.p
Receipt foregoing Notice to Proceed is hereby acknowledged
by _ this -i, day of _ , 1989.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171
Please date,
sin and
return to the
City Clerk's
CEIVED
Oepartlaent.
1,
too
MEMBE RB OF THE CITY COUNCIL
ANTHONY L. BLAND
�
LAWRENCE F. BUCHNEIM
Thank you.
1n1111pup0
KENNETH E. FRIES$
(fINI1tX1, 1961
f
Y CLERK
GARY L. HAUSDORFER
1776
PARTMENT
PMILLIP R. SCNWAgTZE
• B �
A_� •�
ITtY Of SAN
AN rAi:!STRANO
CITY MANAGER
STEPHEN B JULIAN
NOTICE TO PROCEED
TO: Valley Slurry Seal Company
P.O. Box 26132
Sacramento, California 95826
Project: Slurry Seal of City Streets
Amount of Contract: $41,801.00
You are hereby notified to commence work on the referenced contract on or before
May 22, 1989, and to fully complete all of the work of said contract within 45
consecutive calendar days thereafter. Your completion date is July 6, 1989.
The contract provides for an assessment of the sum of $100.00 as liquidated damages for
each consecutive calendar day after July 6, 1989, that the work remains incomplete.
Dated this 22nd/dray of May, 1989.
Mary Ann Hanover, CMC
City Clerk
ACCEPTANCE OF nrnTlr.p
Receipt foregoing Notice to Proceed is hereby acknowledged
by _ this -i, day of _ , 1989.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171
Please sign,
date
and return to
City Clerk's
Dept.
Thank you.
•
May 4, 1989
Valley Slurry Seal Company
P. O. Box 26132
Sacramento, California 95826
JMa9
ISINI�I.N 1961
1776
Re: Award of Contract - Slurry Seal of City Streets
Gentlemen:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSOORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
The City Council of the City of San Juan Capistrano at its regular meeting held May 2,
1989, awarded the contract for the Slurry Seal of City Streets to your company at
$41,801.
Enclosed is a fully executed copy of the Agreement for your records. The City has
received all bonds and insurance. You are required to return an acknowledged copy of
this Notice of Award.
Thank you for your cooperation. if we can be of further assistance, please call.
Very truly yours,
Mary Ann nover, CMC
City Clerk
MAH/cj
Enclosures
cc: Director of Public Works
Director of Administrative Services
Receipt of the mooing. Notice of Award is hereby acknowledged:
This /J day of1989.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
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The City Council of the City of San Juan Capistrano at its regular meeting held May 2,
1989, awarded the contract for the Slurry Seal of City Streets to your company at
$41,801.
Enclosed is a fully executed copy of the Agreement for your records. The City has
received all bonds and insurance. You are required to return an acknowledged copy of
this Notice of Award.
Thank you for your cooperation. if we can be of further assistance, please call.
Very truly yours,
Mary Ann nover, CMC
City Clerk
MAH/cj
Enclosures
cc: Director of Public Works
Director of Administrative Services
Receipt of the mooing. Notice of Award is hereby acknowledged:
This /J day of1989.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
0
Acceptance of Work:
The following Resolution was adopted:
0
ION OF THE CITY COUNCIL OF THE
JUAN CAPISTRANO, CALIFORNIA,
TO BE COMPLETED AS TO PLANS AND
FOR THE CONSTRUCTION OF PUBLIC
TRACTS 12736, 12737, 12738,
(PORTION OF GLENFED AREAS E AND
CITY OF SAN
DECLARING WORK
SPECIFICATIONS
IMPROVEMENTS -
12739, AND 12740
F)
The Resolution accepted the work as complete. The City
Clerk was directed to forward a Notice of Completion to
the County Recorder within ten days of acceptance, and
staff was authorized to exonerate the Faithful
Performance, Labor and Material and the Monumentation
sureties upon the expiration of thirty-five days from the
filing of the Notice of Completion.
As set forth in the Report dated May 2, 1989, from the
Director of Public Works, the contract for the slurry
sealing of streets within Meredith Canyon, Alto
Capistrano, Los Amigos, and Los Corrales was awarded to
Valley Slurry Seal, of Sacramento, in the amount of
$41,801. The Mayor and City Clerk were authorized to
execute the contract on behalf of the City.
As set forth in the Report dated May 2, 1989, from the
Director of Public Works, the contract with Robert Bain,
William Frost and Associates, for engineering services for
the Flood plain Management Program was approved in the
amount of_429,700. The Mayor was authorized to execute
the contract on behalf of the City.
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5/2/89
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION
0
Stephen B. Julian, City Manager
W. D. Murphy, Director of Public Works
40
May 2, 1989
Meredith Canyon, Alto Capistrano, Los Amigos, Los Corrales, Slurry
Seal - Award of Contract (Valley Slurry Seal)
Bids were opened March 27, 1989 for the Slurry Seal of the following City streets:
The northern half of Via de Agua, Avenida Calita, Calle Dorado, Calle Don Carlo,
Via La Mirada, Calle Esperanza, Connemara Drive, Glenariff Lane, Shamrock Lane,
Calle Miramar, Avenida Pescador, Paseo Del Este, Calle Delgado, Camino La Ronda,
Paseo Labranza, Via Puentero, Via Estancia, Via Fiero, Via Rueda, Calle San Remo,
Via Montura, Paseo Corrales, Paseo Establo, Don Juan Avenue, Andres Pico Road,
Ysidora Street, Guadalupe Street, Spring Street, Avenida La Paloma, Avenida Padre,
Avenida Los Amigos.
The bids are valid until May 12, 1989, a period of 45 days from the opening date. Bids
were received as follows:
Valley Slurry Seal Co. $41,801.00
Doug Martin Contracting Co., Inc. $48,040.00
Roy Allen Slurry Seal, Inc. $48.075.00
NOTIFICATION
Valley Slurry Seal. Co.; Doug Martin Contracting Co., Inc.; Roy Allen Slurry Seal, Inc.
All residents will be notified two weeks and again 72 hours before slurry operations
begin.
COMMISSION/BOARD REVIEW. RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
The Engineer's estimate for this project is $35,000. 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 at the bid price of forty-one
thousand, eight hundred and one dollars ($41,801.00).
FOR CITY COUNCIL AGENDA.. /
AGENDA ITEM .
May 2, 1989
Page 2
ALTERNATE ACTIONS
1. Award the contract for the Slurry Seal of City Streets to the low responsible bidder,
Valley Slurry Seal Co.
2. Do not award the contract.
3. Request further information from Staff.
RECOMMENDATION
By motion, award the contract for the Slurry Seal of City Streets to the low responsible
bidder, Valley Slurry Seal Co., in the amount of $41,801.00 and reject all other bids.
Authorize the Mayor and City Clerk to execute the documents on behalf of the City.
Respectfully submitted,
W. D. Murphy
WDM/BP:nb
Bond #B 159 44 67
Premium: $188.00
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That VALLEY SLURRY SEAL COMPANY
as Principal, hereinafter called CONTRACTOR, and Reliance 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 ofForty-one Thousand
Eight Hundred One Only ollars 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 datedAPril It. 1989
entered into a (describe agreement): SLURRY SEAL OF
CITY STREETS
which contract is by reference made a part hereof;
NOW, THEREFORE, the condition of this obligation is such that, if Principal
shall promptly and faithfully perform said agreement, then this obligation shall be null
and void; otherwise it shall remain in full force and effect. Surety waives whatever legal
right it may have to require that a demand be made first against the principal in the
event of default.
BE IT FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition to the face
amount specified, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
-20-
0
E
r 2. Said Surety, for value received, hereby stipulates and agrees that no change,
l 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 11th day of
Sacramento , California.
APPROVED AS TO FORM
C
April
PRINCIPAL
VALLEY SL RY SEAL
AND SEAL)
SURETY
1989 , at
u
JEFFREY REED
RELIANC AN P NY
BY(/
Thoriias R. Huci act
(NOTARIZATION AND SEAL)
13'AC
STATE OF CALIFORNIA
COUNTY OF Sacramento ss. ......................... .
OFFICIAL SERI
B. TERRI SCHMIIT
-� NOTARY PUBLIC CALIFORNIA
{' SACRAMENTO COUNTY
MY COMMISSION EXPIRES MAY 3,1991
12th April
On this...................day of ................................... in the year
.............1 989............. ....................................... before me,
B. Terri...Sch..mitt................ a Notary Public, State of California,
.......
duly licensed and sworn, personally apeared..................................
Jeffrey. R., , Reed ......................................
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as ... P res i,dent , . , , .. .
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
State of Calif.
my fficial seal in the ............................ County of....................
ape er Mader ,a„m Sacramento
This babe mens �s only a, farm which May be simple .... .. . .... on the date set forth above in this certificate.
aanaemians aM m y waY ace, a o not mak to act, as a sueseuM for me �
aJncad an aW'a a. 'a, ad er Med me make any was. ly either a for as theonmplie0 as to rM1e
i "a' aav of any prowamn or the euaamlm of these forms in any spemoC transamion Notary Public, State of California
Cowdery's Form No. 28 — Acknowledgement to Notary Public —
Corporation (C. C. Secs. 1190-1190.1) — (Rev. 1/83) My commission expires
STATE OF CALIFORNIA) ss
COUNTY OF SACRAMENTCI
On this 11th day of April in the year 1994, before me, a Notary Public in and for said County and State, residing therein,
duly commissioned and sworn, personally appeared Thomas R, Nucik, personally known to me and known to me to be the
Attorney -In -Fact of Reliance Insurance Company, the corporation described in and that
executed the within and foregoing instrument, and known to me to be that person who executed the said instrument on behalf of said
corporation, and duly acknowledged to me that such a corporation executed the same.
NITN ,mad of9i'i.1 a2
^'AL SERI
P7 . MAN*SC.1H
r NOTARY PUSLiC CAL ;I!A
- SACRAMENTO COCNIY— _
-, MYCCVMISSIONEXPIRES SEPI 21991 PegVsCh, Notary Public
RELIANINSURANCE CO�ANY
�
NE
OFFICE, ►NI LAOEL►NIA, ►ENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of
Pennsylvania, does hereby maks, constitute and appoint
THOMAS R. HUCIK of SACRAMENTO, CALIFORNIA
its true and lawful Attorney -in -Fan, to make, execute, mel and deliver for and on its behalf, and as Its act and dead
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the tame extent n if such bonds and undertakings and other writings
Obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and soled and attested by one other
of such officers, and hereby ratifim and confirm all that its mid Anornay(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which Worm
affective September 7, 1978, which provisions are now in full force and effect, reading m follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chni,mn of the Board, any Senior Vin President. any Vice President or Assistant Vim Resident
w other officer designated by the Board of Directors shall he" power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute
on behalf of the Company, bonds and unQertakings, rerognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b)
to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him.
2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, recognitances, contracts of indemnity and other writings obligatory in the nature thoeot
The corporate Oat is not necessary for the validity of any bonds and undertakings, recognizatums, contracts of indemnity and other writings obligatory
in the mature thereof.
7. Attorneys -in -Fact shall haw power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem.
pity or other conditional or obligatory undertakings and they shall aim haw power and authority to certify the financial statement of the Company and
to copies of the By -Lave of the Company w any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meting hold on the 5th day of June, 1979, at which a quorum was present, and mid Resolution has not been
ananded or repealed:
"Resolved, that the signatures of such directors and officers and the mal of the Company may be affixed to any such power of
attorney Or, any onificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or faoimile mol shall be "lid and binding upon the Company and any such power w executed and oohed by
facsimile signatures and facsimile col shall be valid and binding upon the Company in the futurt with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has mused them presents to be signed by its Vice President, and itscorporste mal to
be hereto affixed, this 20th doy of January 19 87
r. RELIA E INSURANCE COMPANY
�O vim President �✓
r
STATE OF Washington
COUNTY OF King } 4.
On this 20th day of January 19 87 Personally appeared Charles B. Schmalz
to me known to be the Vice -President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing
instrument and affixed the mel of mid corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of mid Company and the Resolu-
lion, net forth therein, are still in full force.
My Commission Expires; t''�j101ARrbe
�� adut
May 15 '19 90 Notary Public in and for State of 9 Washing 6
Ralid,ng at Tacoma
I, Lawrench, W. Carlstrom , Assistant Secretary of the RELIANCE :NSu RANCE COMPANY, do hereby certify that the emit
and foregoing is a true and correct copy of a Power of Attorney executed by mid RELIANCE INSURANCE COMPANY, which is still In full form wd
affect.
IN WITNESS WHEREOF, I haw hereunto net my hand and affixed the col of sQd Company this 11th day of Prjll 1989.
BDR-1431 Ed. ens
Assistant �__.;
O' Lawrence W. Carlstrom
Bond /B 159 44 67
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 VALLEY SLURRY SEAL COMPANY License
No. 293727A hereinafter designated as "Principal", a contract for SLURRY SEAL
OFZ'IT�REETS ; 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 VALLEY SLURRY SEAL COMPANY
Principal, and RELIANCE INSURANCE O PAN- , as surety, are
held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the
penal sum Of Forty-one Thousand Eight Hundred One Onl LLARS
($4t•8at•UO-r, 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_
0
C�
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 Lith 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. /�
APPROVED AS TO FORM
c'
VALLEY SLIMRRY SEAL COMPANY
JEFFREY REED
By _ C.eei�lan4
-23-
E INSURANCE COMPANY
Thomas R. Hucik, Attorne"n-Fact
STATE OF CALIFORNIA
COUNTY OF.. Sacramento ......... ss.
OFFICIAL SERI
B TERRI SCHMIIT
s�
NOTARY PUBLIC CALIFORNIA
SACRAMENTO COUNTY
ACv CPMtMISSION EXPIRES fir-. S.Q9)
12th April
On this.... .........day of...................................in the year
1989 before me,
B, ...Terni.. Schm t.. a Notary Public, State of California,
duly licensed and sworn, personally apeared..................................
........................... Jeff rey..Reed............................... ,
personally known to me (or proved to me on the basis of stisfactnt
o evidence)
to be the person who executed the within instrument as.. TresM..... I ................
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS W REEF I hll reunto set my hand and affixed
my official seal in the ..... .. ...
....... a........... County of....................
This dement only a geneas
ral form wMcb may he proper for e �n simple Sacramento
ms .., ,on the date set forth above in this certificate.
transactmns add in no way ass, or is intended to an, as a Substitute for the
spare of an stormy The primer dxs net make any warranty either express or implied as to the T
"at validity of any provision or me suitability m there forms in any speadlp transaction. Notary Public, State of California
Cowdery's Form No. 28 — Acknowledgement to Notary Public —
Corporation (C. C. Secs. 1190-1190.1) (Rev. 1/83) My commission expires
STATE OF CALIFORNIA) ss
COUNTY OF SACRAMENTO)
On this 11th day ofAprll , in the year 1989, before me, a Notary Public in and for said •"_aunty and State, ras,ding therein,
duly commissioned and sworn, personally appeared Thomas R, Hunk, personally known to me and known to me to be the
Attorney -in -Fact of Reliance Insurance Company, the corporation described in and that
execui the within and foregoing instrument, and known to tie to be that person who executed the said instrument on behalf of said
corporation, and duly acknowledged to me that suchporation exe;V the same.
WITNESS my hand and official seal.
--- --------------------------------- --
eggUD ns h, Notary Public
OFMIAL SM
VV can
mi:
Nowilmlemmm Ami !m- zlmN
RELIAN D INSUAE Y
NC10011
MEA OR=
FFICE. PHILADELPHIA. PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of
Rnnsylwnis, does hereby make, constitute and appoint
THOMAS R. HUCIK of SACRAMENTO, CALIFORNIA
its it" and lawful Attorney-in�Fact, to make. execute, mel and deliver for and on its behalf, and as its act and Wed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent are if Such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and soled and attested by one other
of Such officers, and hereby ratifies and Confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which become
effective September 7, 1978, which provisions are now in full fora and effect, reading a follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vim President, any Vim President or Assistant Vim Resident
or other officer designated by the Board of Directors shall haw power and authority to (al appoint Attorneys -in -Fact and to authorize them to execute
on behalf of the Company, bonds and unQartakirgs, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b)
to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him.
2. Attorneys -in -Fan shall have Power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, ramgnizances, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate mal is not necessary for the validity of any bonds and undertakings, recognizance, contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys -in -Fan shall have Power and authority to execute affidavits required to be attached to bonds, racognlzences, contracts of indem-
nity or other conditional or obligatory undertakings and they shall also haw power and authority to certify the financial statement of the Company and
to copies of the By -Lam of the Company or any article or action thereof.
This power of attorney is signed and s=ealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY of a meeting held on the 5th day of June, 1979, at which a quorum was present, and aid Resolution has not been
amended of repealed:
"Resolved, that the signatures of such directors and officers and the mel of the Company may be affixed to any such Power of
attorney or any certificate totaling thereto by facsimile, and any such power of attorney or certificate baring Such facsimile
signatures or facsimile mal shall be valid and binding upon the Cpmpony and any such power n executed and candied by
facsimile signatures and facsimile vel Nall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is altadhed "
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has =used thea presents to be signed by its Vice President, and incorporate vel to
be hereto affixed, this 20th day of January 19 87
r� RELIA E INSURANCE COMPANY
�O. Vi=President :f�
STATE OF Washington
COUNTY OF King } a.
On this 20th day of January 19 87 personally appeared Charles B. Schmalz
to that known to be the VicaPresident of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing
instrument and affixed the net of aid corporation thereto, end that Article VII, Section 1, 2, and 3 of the By-laws of said Company and the Resolu.
tion, at forth therein, we still in full form.
MY Commission Expires: �/
n01RRr�`
ft/atlC
May 15 .19 90 :.t � r� Nonry Public in end /or Stetoolly Washing o
Res,mrig at Tacoma
I. Lawrencd3 W. Carlstrom Assistant Secretary of the RELIANCE :NSi RANCE COMPANY, W hereby certify that the stave
and foregoing is a true and correct mov of • Power of Attorney executed by mrd RELIANCE INSURANCE COMPANY, which is still in full force aide
affect.
IN WITNESS WHEREOF, 1 Mw hereunto sat my hand End affixedM Nal of aajd Company this 11 Yh WY of April .9
$g
U11'(Wi�;
t=BOR-1431 Ed. 6179 Assistant Sea rLawrence W. Carlstrom
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B I D O P E N I N G R E P O R T
Bids opened March 27, 1989 at 2:00 XaExdpm
Project Title Slurry Seal of City Streets
Project Engineer Brian Perry
Bidder:
Pre -Bid Estimate $35,000.00
Bid Bid
Amount Bond
1, Roy Allan Slurry Seal Iff
o 7u- 0°
/
u
2, Valley Slurry Seal Company �� S-Q�
r'
3. Doug Martin Contracting Company, Inc.
4.
5.
6.
7.
M
9.
10.
cc: City Clerk's Staff (3) Signed �sil-� N`
Public Works (3)
City Manager (1) Dated c3�17��J
The above bid amounts have not been checked.
The bid totals are subject to correction after
the bids have been completely reviewed.
0
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
County of Orange
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of twenty one years,
and not a party to or interested in the above -entitled
matter. I am the principal clerk of the Capistrano Val-
ley News, a newspaper of general circulation in the City
of San Juan Capistrano, County of Orange, and which
newspaper has been adjudicated to be a newspaper of
general circulation by the Superior Court of the County
of Orange, State of California, June 5, 1984, Case No.
A-122949 in and for the City of San Juan Capistrano,
County of Orange and the South Orange CountyJudicial
District; that the notice, of which the annexed is a true
printed copy, has been published in each regular and
entire issue of said newspaper and not in any supple-
ment thereof on the following dates, to wit:
March 2, 9, 1989
I declare under penalty of perjury that the foregoing is
Lure and correct.
Executed at Mission Viejo, Orange County
California,this... 9.... dayof Mar 19..8.9....
.......................................................
Signature
Capistrano Valley News
23811 Via Fabricante
P.O. Box 3629
Mission Viejo, Calif, 92690
0
This space is for the County Clerk's Filing Stamp
R6 1'/F',
ArR 27 19 08 Qm'as
Proof of Publication of
BID NOTICE
...............................................
PWnhed: CaPiAMM V&11W News --
Parch 2.9. u90 * x3-21
NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS
TO: CAPISTRANO VALLEY NEWS
Jody Kolar, Legal
FOR PUBLICATION ON:
DOCUMENT TO BE PUBLISHED:
PROOF OF PUBLICATION:
0
THURSDAY, MARCH 2, 1989
THURSDAY, MARCH 9, 1989
NOTICE INVITING BIDS - SLURRY SEAL
OF CITY STREETS
Please send to:
City Clerk's Department
City Hail
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(714) 493-1171
AUTHORIZED BY:
DATE: February 23, 1989
Date of Bid Opening
Date (s) notice published
Date affidavit received
Date notice posted in
designated posting places (3)
-03/27/89
- 03/02/89
- 03/09/89
- L4/Z-7/89-
-03/09/89
0
NOTICE INVITING BIDS
SLURRY SEAL OF CITY STREETS
0
Notice is hereby given that the City of San Juan Capistrano will receive sealed
proposals or bids for the Slurry Seal of City Streets until 2:00 P.M. on the 27th day of
March, 1989.
A pre-bid conference is scheduled at 10:00 A.M. on the 20th day of March,
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: February 23, 1989
MARY ANN HANOVER, CITY CLERK
By l P,/ Y/l�
DEPUTY CITWCLERK
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
0
0
SLURRY SEAL OF CITY STREETS
NOTICE INVITING BIDS
Public notice is hereby given that the City of San Juan Capistrano will,
up to 2:00 p.m., on the 27th day of March 1989, receive sealed proposals or bids for the
SLURRY SEAL OF CITY STREETS 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 20th day of March 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 forty-five (45) calendar days has been set for the completion of the work,
from the date of execution of the contract.
BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of
California, copies of the prevailing rate of per diem wages, as determined by the
Director of the State Department of Industrial Relations, are on file in the office of the
City Clerk and shall be made available to any interested party on request.
Copies of plans and specifications are on file in the office of the City Clerk of San Juan
Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans
and specifications for use in preparing bids may be obtained at the Office of the City
Clerk, San Juan Capistrano, at the address shown above. One set of plans and
specifications is available for each general contractor proposing to submit a bid for said
work. A charge in the amount of $10, nonrefundable, is required for obtaining each set
of plans and specifications. There will be a $5 charge for postage and handling on all
plans and specifications mailed.
Each bidder shall state the California Contractor's License number of such bidder so
bidding, as no bid will be accepted from a Contractor who has not been licensed in
accordance with the provisions of the laws of the State of California relating to the
licensing of Contractors.
This Notice is hereby given and published by order of the City Council of the City of San
Juan Capistrano, and is dated:
CITY CLERK,"
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
-2-
•
Cl
RESOLUTION NO. 89-2-21-1. REHABILITATION OF
CAMINO CAPISTRANO FROM SOUTH CITY LIMITS TO
2200 FEET OF SAN JUAN CREEK ROAD (CAR WASH)
- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REQUESTING THE ORANGE COUNTY TRANSPORTATION
COMMISSION TO ALLOCATE ORANGE COUNTY
UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS
FOR CAMINO CAPISTRANO BETWEEN THE SOUTH
CITY LIMITS AND 2200 FEET SOUTH OF SAN JUAN
CREEK ROAD.
The Resolution requested that OCUTT release funding in the
amount of $73,911 for the project, which amount represents
90% of their 50% share of the engineering costs and
contract bid price. The contract was awarded to
Industrial Asphalt, in the amount of $164,248.09. The
Mayor and City Clerk were authorized to execute the
contract on behalf of the City.
--� 9. MEREDITH CANYON, ALTO CAPISTRANO, LOS AMIGOS. LOS
MRRAT.V9 _ MTRRTON RTT.TR _ RT.TTRRV S.RAT. nV CTTV RTRT2F.TR -
(600.30)
As set forth in the Report dated February 21, 1989, from
the Director of Public Works, the plans and specifications
were approved for the slurry seal of specified streets in
Meredith Canyon, Alto Capistrano, Los Amigos, Los Corrales,
and Mission Hills. Estimated cost for this project is
$35,000, with funds budgeted in the amount of $100,000.
Staff was authorized to call for bids.
10. CITY INVESTMENT - COMMUNITY REDEVELOPMENT AGENCY BOND
ANTICIPATION NOTE CHANGE OF DUE DATE (340.30)
As set forth in the Report dated February 21, 1989, from
the Director of Administrative Services, the due date for
the City Investment -CRA Bond Anticipation Note was changed
from June 30, 1990, to "On Demand" because of changes in
legislation for local government investment and new
financial reporting standards mandated by the National
Council on Governmental Accounting.
-6-
2/21/89
AGENDA ITEM February 21, 1989
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Meredith Canyon, Alto Capistrano, Los Amigos, Los Corrales, Mission
Hills - Slurry Seal of City Streets, Plans and Specifications and
Authorization to Receive Bids
SITUATION
Staff is requesting approval of plans and specifications and authorization to receive bids
for the slurry seal of the following streets in the City:
The northern half of Via de Agua, Avenida Calita, Calle Dorado, Calle Don Carlo,
Via La Mirada, Calle Esperanza, Connemara Drive, Glenariff Lane, Shamrock Lane,
Calle Miramar, Avenida Pescador, Paseo Del Este, Calle Delgado, Camino La Ronda,
Paseo Labranza, Via Puentero, Via Estancia, Via Fiero, Via Rueda, Calle San Remo,
Via Montura, Paseo Corrales, Paseo Establo, Don Juan Avenue, Andres Pico Road,
Ysidora Street, Guadalupe Street, Spring Street, Avenida La Paloma, Avenida Padre,
Avenida Los Amigos.
NOTIFICATION
Residents will be notified two weeks and again 72 hours before work begins.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
The engineer's estimate for this project is $35,000. One hundred thousand dollars
($100,000) has been budgeted in Account No. 12-6900-4710-119 for preventive street
maintenance this year and sufficient funds are available for the construction of the
project.
ALTERNATE ACTIONS
1. Approve the plans and specifications for the Slurry Seal of City Streets and
authorize Staff to receive bids.
2. Do not approve the plans and specifications.
3. Request additional information from Staff.
FOR CRY COUNCIL AGENDA..
9
AGENDA ITEM
'February 21, 1989
Page 2
•
RECOMMENDATION
By motion, approve the plans and specifications for the Slurry Seal of City Streets and
authorize Staff to receive bids.
Respectfully submitted,
W. D. Murphy
WDM/BP: nb
STATE OF CALIFORNIA
ss.
COUNTY OF ... Sd.Cr, dmento.........
On this ......6th......... day of... ....... M31"C.h.................. in the year
.....1.9 $9 ...........................................................before me,
.. 6... Terni ..5Ghmi.tt ................. a Notary Public, State of California,
duly licensed and sworn, personally appeared ................................. .
...... ... I ................ Jeff rey..R... Reed................................,
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as ... Pre 51 dent ...... .
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in thi of. Calif. , County of ....................
This doccoment is only a general form which may de proper for use in simple , . , , , $ d C r d....'. .. , on the date set forth above in this certificate.
researchers and In no way ace, ars Intended to act, as a subsmwe Thr the
domm a an atnrey. The mlmar does red make any warranty ember express or ImpLed as to me
legal validity of any pervade or the sutadNy of these forms in any spadtc transaction
Cowdery's Form No. 28 — Acknowledgement to Notary Public —
Corporation (C. C. Secs. 1190.1190.1) (Rev. 1/83)
STATE OF CALIFORNIA) ss
CUATY OF SACRAMENTO)
Notary Public, State of California
My commission expires
On this 14th day of March , in the year 1989, before me, a Votary Public in and for said County and State, residing t`lerein,
duly commissioned and sworn, personally appeared Dona Lisa Busehmann, personally known to me and known to me to be the
Attorneli-Fact of Reliance Insurance Company, the corporation described in and that
executed the within and foregoing instrument, and known to ae to be that person who executed the said instrument ar tehalf of said
corporation, and duly acknowledged to me that such a corporation executed the same.
=NOTARY.
EAL8L C Calif
OUNT N'AES SEPT 21991 aW
_ _ _____ __ ________________sch, Notary Public
'" RELIA� INSTJRANCE C PANY
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
Bond No.
BID BOND
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. DOCUMENT NO. A-310 (FEB. 1970 ED.)
KNOW ALL MEN BY THESE PRESENTS, that we VALLEY SLURRY SEAL COMPANY
P.O. Box 1620
West Sacramento, CA 95691
as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of
Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania,
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
as Obligee, hereinafter called the Obligee, in the sum of 10% of the amount bid
Dollars f$1111111111111111111l11!l1111/1,
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for SLURRY SEAL OF CITY STREETS
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for
the faithful performance of such Contract and for the prompt payment of labor and material fur-
nished in the prosecution thereof, or in theevent of the failure of the Principal to enter such Contract
and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid,
then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 14th day of March q
(wimm)
BOR -2305 Ed. 10-73
VALLEY LUR I SEAL COMP N
J,
tips!) Ssl
FREY RM
f:By: deaf
(Title)
RELIANCE INSURANCE COMPANY
By: G C —
Dona LisaiEluschmann, Attorney -In -Fact
RET -&NCE INSUFt.ANCE OMPA -NY
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of
Pennsylvania, does hereby rake, constitute and appoint
DONA LISA BUSCHMANN of SACRAMENTO, CALIFORNIA -------
hs true and lawful Attorney -in -Fact, to make, execute, Baal and deliver for and on its behalf, and as its act and dead
ANY AND ALL BONDS AND
OF SURETYSHIP
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the some extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and ma led and attested by one other
of such officers, and hereby ratifies and confirm all that its said Attorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VI I of the 8y -Laws of RELIANCE INSURANCE COMPANY which became
effective September 7, 1978, which provisions are now in full force and effect, reading as follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vim President, any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall haw power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute
on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b)
to remove any such Attorney -in -Fact at any time and revoke the Power and authority given to him.
2. Attorneys -In -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory
In the nature thereof.
3. Attorneys -in -Fact shall haw power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indent,
nity or other conditional or obligatory undertakings and they shall also haw power and authority to certify the financial statement of the Company and
to copies of the By -Lows of the Company or any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meting held on the Sth day of June, 1979, at which a quorum was present, and mid Resolution has not been
amanded or repealed:
"Rewlved,that the signatures of such directors and officers and the mal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be "lid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile sal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, :he RELIANCE INSURANCE COMPANY has mused them presents to be signed by its Vim President, and its corporate seal to
be hereto affixed, this 31st day of July 19 86
RELIANCE INSURANCE COMPANY
ice President
STATE OF Washington_
COUNTY OF King I
ss ,`,
On this 31st day or July, 19 86, personally appeared Charles B. S ti"�, • •.'<; ` 11
to me known to be the Vice -President of the RELIANCE INSURANCE COMPANY, and acknowledged that h rgi4ad.and attested thF foregofi
instrument and affixed the mal of mid corporation thereto, and that Article VII, Section 1, 2, and 3 of the By- s of )siE Comppy addtbe Real
tion, at forth therein, are still in full form. .,
My Commission Expires: °
May 1 '19 90 Notary Public in and for Sts o1 -t' $aft irl Id
Residing at Tacoma 1�;
c u /i1;3'5 2
1. Lawrence W. Carlstrom , Assistant Secretary of the RELIANCE INSURANCE COMPANY, do ha rtfyt tlr• above
and foregoing is a true and correct copy of a Power of Attorney executed by mid RELIANCE INSURANCE COMPANY, whlch i. m full form and
effect.
IN WITNESS WHEREOF, 1 have hereunto cot my hand and affixed the seal of mid Company this 14th bey of March /g 19 89
BDR•1437 Ed. 6/79 t�
Assistant Secretary ai Z / zf =7--
- T.arrranr•a W. f'arl etrnm
0
0
• BID PROPOSAL
For the: SLURRY SEAL OF CITY STREETS
VALLEY SLURRY SEAL COMPANY
From: A CALIFORNIA CORPORATION
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:
reo
oa2 'f b"C_ $
Word§ Figures
Said amount to include and cover all taxes, the furnishing of all materials, the
performing of all the labor requisite or proper and the providing of all necessary
machinery, tools, apparatus, and other means of construction; also, the performance and
completion of all the work in the manner set forth, described and shown in the Specifica-
tions or the drawings for the work.
If the contract is awarded, the undersigned agrees to enter into a contract with the City
and to commence work within fifteen (15) calendar days from the date of execution
thereof, and to diligently prosecute the work to completion before the expiration of
forty-five (45) calendar days.
All bids are to be computed on the basis of the given Estimated Quantities of Work, as
indicated in this proposal, times the unit prices as submitted by the bidders. in case of
discrepancy between words and figures, the words shall prevail. In case of discrepancy
between unit prices and the extension thereof, the unit price shall prevail and bids will be
computed as indicated above and compared on the basis of corrected totals.
• The estimated quantities of work indicated in the proposal are approximate only being
-3-
0 0
• given solely as a basis for comparison of bids. It is understood that the City does not
expressly, nor by implication, agree that the actual amount of work will correspond
therewith, but reserves the right to increase or decrease the amount of any item or
portion of the work or to omit portions of the work as may be deemed expedient by the
Engineer.
It is also understood by Bidder that the City of San Juan Capistrano has the right to
reject this proposal or to award a contract to the undersigned at the prices stipulated. If
the proposal is rejected, then any check or cashier's check shall be returned to the
undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is
accepted and the undersigned fails to enter into a contract within fifteen (15) days after
the agreement is delivered to him for signature, or within such further time as may be
granted by the City Council, then said check shall be cashed or said bond declared forfeit
and an amount equal to the difference between the lowest bid and the next lowest bidder
who will execute a contract shall be paid into the treasury of the City of San Juan
Capistrano as liquidated damages for the failure of the undersigned to comply with the
terms of this proposal.
Accompanying this proposal is Fal DE."CS DOW (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. LIC. V2237227 A
-4-
Bidder:
Y SEAL
EFFREY REED
President
F--I
LJ
•
• . •
(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: P.O. BOX 1620 W. SACRAMENTO. CA 95691
Business Address
Dated: 1 (2 (916) 373-1500
Telephone Number
Further, the undersigned bidder certifies that he has thoroughly checked thye-ftgt�es set
forth in this proposal, that they are correct to the best off at
his knowledg nd that they
constitute his proposal for the work called out herein.
Dated: �) -R-9-1�69
Dated: Flo 5501
JEFFREY REED
President
ALM4 BERGER
VICE PRESIDENT
CONK":, L. K90RUM
SECRETARY
Yhl' DELL F Er:D
TREASURER
-5-
(916q 373-1500
Telephone Number
JEFFREY REED
0
•
11
0
0
SCHEDULE OF WORK ITEMS
SLURRY SEAL OF CITY STREETS
Approximate Work Items With Unit Price
Item Quantity (Written in Words)
1 LS Mobilization for the lump sum
price of two thousand dollars.
2 505,000 SF Slurry seal for the u t price of
7,0ac> r . osdy�
/poen
dollars per square foot.
3 LS Pavement markings for the lump
sum price of
%N,R[asN_ rVO.jA..S
dollars.
4 LS Street sweeping seven days after
application of slurry for the
lump sum price of -a,Q f/, -
M56 %f./6�7-1 dollars.
5 LS Streetsweeping 14 days after
application of slurry for the
lump sum price of %-'o
#j,Jhp e,j iZae Jrtj dollars.
Total Bid Price (Enter here and on Page 3)
10
/e o
Unit Price
(in Figures) Total Amount
$ 2,000.00
$ D, o5a`1 $25,x(52^=
c_
$
$ el(, ?ol e
Figures
r_1
LA
0
NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY
• BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA
ss.
County of (8�'rna(ybj)
being first duly sworn deposes
and says that he is of`
� �. the party making the fore ing 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 y fee in
connection therewith, to any corporation, partnership, company, association,
• organization, bid depository, or to any member ora alien thereof, o to a y other
individual except to any person or persons as have a rtnership o other 4inancial
ss
interest with said bidder in this general busine. /
DATED: 1)- I1o-S69
On this they day of �t �19 before me. the undersigned, a
Notary Public in and for said State, personnally appeared _ �-`�—`--�-
lYr�� , personallykn—' own 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
.. OFFICIAL SFAI �y
8. TERRI SCMMITT
-7- t NOTARY PUBt� CALIFORNIA
MY COMMISSIONEEEXP RES MAY 3,1991
•
•
E
•
DESIGNATION OF SUB -CONTRACTORS
Submit with Proposal.
In compliance with the Provisions of Section 4100-4107 of the Government
Code of the State of California as amended, the undersigned certifies that he has used
the sub -bids of the following listed sub -contractors in making up his bid, and that the
sub -contractors listed will be used for the work for which they bid, subject to the
approval of the Engineer, and in accordance with the applicable provisions of the
Specifications. It is understood and agreed that all those portions of the work called for
in the contract documents for which a sub -contractor is not listed will be performed by
the undersigned through his forces. If no sub -contractors are listed, all bonds and
insurance will be written in the name of the general contractor only.
Item of Work Sub -Contractor Address one No.
o bef 77<
1 . 3 Pynf' dKG5 "SkPe 1.1 ' &rk & rluym C4 azoic 00 -3`123
z.
3.
4.
5.
6.
7.
8.
VAI I EY SLURRY SEAL COMPANY
SM
PRODUCER
GIDDINGS, CORBY, HYNES, INC.
1101 13TH STREET
MODESTO, CA 95354
(209)/526.3110
NICK MASCITELLI
CODE SUB -CODE
INSURED
VALLEY SLURRY SEAL
P.O. BOX 1620
WEST SACRAMENTO, CA 95691
ISSUE DATE (MM(DON n
05/09/89
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON
THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A
INDUSTRIAL INDEMNITY
COMPANY M
GO:
LETTER
+C
:.. .............
COMPANY
-: C
...... .......... ................ L................. ............. ...
>nwn 4,J1
LETTER
:... .........._......
F11
....._.... ......_... ............ ri T4-1. .._.._..
COMPANY
D
' LETTER
"' -q -.1 r- �
COMPANY E
_ O
LETTER
Y
A BLANKET BUILDINGS NP9105794
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
RE: PAVING OF STREETS
03/31/89 03/31/90
6504
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF SAN JUAN CAPISTRANO : EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
COMMUNITY REDEVELOPMENT AGCY. I> MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
32400 PASEO ADELANTO ;; LEFT, BUTFAILURETO �p9SE NO OBLIGATION OR
SAN JUAN CAPISTRANO, CA 52575 )�, �� IN`.
Attention: BRIAN PERRY _j LIABILITY OF ANY KIND UPON THE 6OMPANV, ITS AG9NTS OR REPRESENTATIVES.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THr?OUCY 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.
GO:
TYPE OF INSURANCE - POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION' ALL LIMITS IN THOUSANDS
TR-
DATE (MM/DONY) DATE (MM/DD/YY)
GENERAL LIABILITY
GENERAL AGGREGATE -. $ 2000
X COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMP/OPS AGGREGATE. $ 1000
A .......
: NH8803803
03/31/89 03/31/90 - -- -. .- - I..-.. .1 �
CLAIMS MADS X OCCUR..
''. ' PERSONAL 8 ADVERTISING INJURY : $ 1000
OWNER'S &CONTRACTORS PROT.!
EACH OCCURRENCE '.$ 1000
FIRE DAMAGE (Any one fire) $ 50
..
...... ......_._ _._...... _. ..... _...... ._.........
MEDICAL EXPENSE (Any one person) $ 5
_._......... .....:..... ...................... ............. .... ............ ....... .......... _...........
,.......
AUTOMOBILE LIABILITY
- COMBINED
SING $ 1200
X ANY AUTO
LIMTLE
X OWNED AUTOS
BODILY
A
,ALL
N88803805
03/31/89 03/31/90 INJURY $
X SCHEDULED AUTOS
- (Per person) !
X HIRED AUTOS
BODILY
.:
INJURY $
X NON -OWNED AUTOS :
(Per accident)!
GARAGE UABILRY
- PROPERTY
X PHYSICAL DAMAGE
- DAMAGE $
. L.IAI....... .. ..._..... .:........... ......... ._.........
E
EXCESS LIABILITY
..... GGJ... .............
.. _.......... ............. ._........ ............. ........ A
EACH AGGREGATE
: OCCURRENCE '
OTHER THAN UMBRELLA FORM
Aj
WORKER'S COMPENSATION CN901.0959-OREGON ONLY
03/31/89 03/31/90 STATUTORY
_.. i..... _...... .......
$ 100 (EACH ACCIDENT)
AND !
CALIF. W/C •SELF INSURED
S 500 DISEASE --POLICY LIMB)
EMPLOYERS' LIABILITY
... -$ -- -" 100
(DISEASE --EACH EMPLOYEE)
OTHER
A
CONTRACTORS EQUIP NP9105794
03/31/89 03/31/90 3690
A BLANKET BUILDINGS NP9105794
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
RE: PAVING OF STREETS
03/31/89 03/31/90
6504
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF SAN JUAN CAPISTRANO : EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
COMMUNITY REDEVELOPMENT AGCY. I> MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
32400 PASEO ADELANTO ;; LEFT, BUTFAILURETO �p9SE NO OBLIGATION OR
SAN JUAN CAPISTRANO, CA 52575 )�, �� IN`.
Attention: BRIAN PERRY _j LIABILITY OF ANY KIND UPON THE 6OMPANV, ITS AG9NTS OR REPRESENTATIVES.
A.
0
• LIABILITY ENDORSEMENT 0
CITY OF SAN 3UAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
32400 Paseo Adelanto
San Juan Capistrano, Calif onda 92675
POLICY INFORMATION Endorsement #
1. Insurance Company Industrial IndemniqTpolicy Number NH 8803803
2. Policy Term (From) 3-31-89 (TO)3-TI-90 ;Endorsement Effective Date 3-31-89
3. Named Insured Valley Slurry Seal Co.
4. Address of Named Insured '-'aerampnto Ca 95691
5. Limit of Liability Any One Occurrence Aggregate j5 500.000 2.000.000
Excess of SIR
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): $ Snn,onn
7. Coverage is equivalent to: per occ.
Comprehensive General Liability form GL0002 (Ed 1/73) IL472
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
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 respects: (a) work performed by the Named Insured
for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c)
premises leased by the Named Insured from the City, the insurance afforded by this policy
shall be primary insurance as respects the .City, its elected or appointed officers, officials,
employees or volunteers; or stand in an urib�roken chain of coverage excess of the Named
Insured's 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.
Per CG7601
AP? 2 4 1989 (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 Office 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 IL47Z
(3) If excess, affords coverage which is at least as broad as the primary insurance
forms referenced in the preceding sections (1) and (2).
0. 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 INSUREDS DUTIES AFTER ACCIDENT OR LOSS Any
failure to comply with reporting provisions of the policy 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:
Title Department
Industrial Indemnit
Company
'Q x 7
Street Address
0
City State Zip Code
Telephone
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER
I, Nick Mascitelli (print/type na ; �itr�j� Y, I ave authority to bind the below listed
insurance company and by my signature her�ii SoTiYnd this company.
BY
SIGNATURE F AUTHORIZED REPRESENTATIVE (original
signature required on endorsement furnished to the City)
CFrMIZATICN: CiddingG Corbe 11�mpG Tnc. TITLE: Vice President
ADLRESS: P.O. Box 3231, Modesto, Ca 95353 TELEPH2c: (209) 526-3110
dIndusMel It drselo 'rz
a Crum and ForsNrop�Mzotlon •
L_J
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED PRIMARY COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is agreed that any person or organization described below is an additional insured, but only with respect to
liability arising out of operations performed for the additional insured by or on behalf of the named insured.
The insurance afforded to such additional insured is primary and shall not contribute in any way with any other
insurance which such additional insured may have.
All other endorsements, provisions, conditions, and exclusions of this insurance shall remain unchanged and
apply to the additional insured described below.
ADDITIONAL INSURED
CITY OF SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT
AGENCY
TYPE OF OPERATION
PAVING OF STREETS
BASIC RESOURCES/VALLEY SLURRY SEAL
NH 880-3803
EFF. 3/31/89 to 3/31/90
CG 76 01 06 87
PROJECT LOCATION
CITY OF SAN JUAN
CAPISTRANO
COMMERCIAENERAL LIABILITY COMAGE FORM
Various provisions in this policy restrict coverage. Read
(2) The furnishing or sale of alcoholic
the entire policy carefully to determine rights, duties and
beverages to a person under the legal
what is and is not covered.
drinking age or under the influence of
alcohol; or
Throughout this policy the words "you" and "your" refer
to any person or organization qualifying as an Insured
(3) Violation of any statute, ordinance or
regulation relating to the sale, gift, distribu-
under SECTION II — WHO IS AN INSURED. The words
,.we," "us" "our"
tion or use of alcoholic beverages.
and refer to the Company providing
this insurance.
This exclusion applies only if you are in the
business of manufacturing, distributing, selling,
Other words and phrases that appear in quotation marks
serving or furnishing alcoholic beverages.
have special meaning. Refer to SECTION V—
d. Any obligation of an insured under a workers
DEFINITIONS.
compensation, disability benefits or unemploy-
ment compensation law or any similar law.
SECTION I—COVERAGES
e. "Bodily injury":
COVERAGE A
BODILY INJURY AND PROPERTY DAMAGE
(1) To an employee of an insured arising out
LIABILITY
of and in the course of employment by that
insured, whether the insured may be liable
1. Insuring Agreement.
as an employer or in any other capacity;
(2) To any person as a consequence of (1).
a. We will pay on behalf of an insured all sums
above;
which an insured shall become legally obligated
to pay as damages because of "bodily injury"
(3) To an employee which creates an obliga-
or "property damage" to which this insurance
tion to share damages with or repay
applies, caused by an "occurrence" in the
someone else who must pay damages, but
"coverage territory",during the policy period.
this exclusion does not apply to liability
"insured
assumed by the insured under an
b. We will have the right and duty to defend any
contract";
"suit" seeking damages to which this in-
(4) To an employee or former employee of an
surance applies but this right and duty is limited
insured arising out of defamation, humilia-
as described in the section entitled DEFENSE
tion, discrimination, harassment or termina-
OF CLAIMS OR SUITS— COVERAGES A, B
tion of employment;
AND C.
f. (1) Actual, alleged, or threatened, "bodily in -
c. The amount we will pay in damages is limited
jury" "personal injury", "property
damage", or any other loss or damage
as described in SECTION ill—LIMITS OF IN-
whether not expected intended from
SURANCE. No other obligation or liabilityto Pay
the standpoint of the insured, arising out of
sums or perform acts or services is covered
the actual, alleged, or threatened, acciden-
unless explicitly provided for in the section en-
tal, inadvertent or intentional discharge,
titled SUPPLEMENTARY PAYMENTS—
dispersal, release, escape or use of
COVERAGES A, B, AND C.
"pollutants";
2. Exclusions.
This insurance does not apply to:
a. "Bodily injury" or "property damage" ex-
pected or intended from the standpoint of an in-
sured. This exclusion does not apply to "bodi-
ly injury" resulting from the use of reasonable
force to protect persons or property.
b. Liability assumed under any contract or agree-
ment, but this exclusion does not apply to an
"Insured contract."
c. "Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication
of any person;
(2) Any loss, cost, or expense arising out of any
directive or obligation imposed by law that
an insured test for, monitor, clean up,
remove, contain, treat, detoxify, or
neutralize any "pollutants".
This exclusion does not apply to:
"bodily injury" or "property damage" caus-
ed by heat, smoke or fumes from a fire in-
volving a building or its contents which you
own, rent, occupy or upon which you are
performing operadons-or upon which opera-
tions are being performed on your behalf.
g. "Bodily injury" or "property damage" arising
out of the. ownership, maintenance, use or en-
trustment to others of any aircraft, "auto" or
watercraft owned or operated by or rented to
or under the control of any insured. Use in-
cludes operation and "loading or unloading."
1 L472 (8/88) Page 1
Commercial General Liability Coverage A
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is
(a) Less than 26 feet long, and
(b) Not being used to carry persons or pro-
perty for a charge;
(3) Parking an "auto" on, or on the ways next
to, premises you own or rent, provided the
"auto" is not owned by or rented or loan-
ed to you;
(4) Liability assumed under any "insured con-
tract" for the ownership, maintenance or
use of aircraft or watercraft; or
(5) "Bodily injury" or "property damage" aris-
ing out of the operation of any of the equip-
ment listed in paragraph f.(2) or f.(3) of the
definition of "mobile equipment"
(SECTION V.8).
h. "Bodily injury" or "property damage" arising
out of:
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or while
in practice or preparation for, a prearrang-
ed racing, speed or demolition contest or
in any stunting activity.
"Bodily injury" or "property damage" due to
war, whether or not declared, or any act or con-
dition incident to war. War includes civil war, in-
surrection , rebellion or revolution. This exclu-
sion applies only to liability assumed under a
contract or agreement.
j. "Property damage" to:
(1) Property you own, rent or occupy;
(2) Premises you sell, give away or abandon,
if the "property damage" arises out of the
premises or any part thereof;
(3) Property loaned to you;
(4) Personal property in your care, custody or
control;
(5) That particular part of real property on
which you or any contractors or subcontrac-
tors working directly or indirectly on your
behalf are performing operations, if the
"property damage" arises out of those
operations; or
LJ
(6) That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly per-
formed on it.
Paragraph (2) of this exclusion does not apply
if the premises are "your work" and were never
occupied, rented or held for rental by you.
Paragraphs (3), (4), (5) and (6) of this exclusion
do not apply to liability assumed under a
sidetrack agreement.
Paragraph (6) of this exclusion does not apply
to "property damage" included in the
"products -completed operations hazard."
It. "Property damage" to "your product."
1. "Property damage" to "your work" arising out
of it or any part of it and included in the
"products -completed operations hazard."
This exclusion does not apply'if the damaged
work or the work out of which the damage arises
was performed on your behalf by a
subcontractor.
m. "Property damage" to "impaired property" or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product" or
"your work"; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of use
of other property arising out of sudden and ac-
cidental physical injury to "your product" or
"your work" after it has been put to its intend-
ed use.
n. Damages claimed for any loss, Coster expense
incurred by you or others for the loss of use,
withdrawal, recall, inspection, repair, replace-
ment, adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn
or recalled from the market or from use by any
person or organization because of a known or
suspected defect, deficiency, inadequacy or
dangerous condition in it.
Exclusions c. through n. do not apply to damage by
fire to premises rented to you. A separate limit of in-
surance applies to this coverage as described in
SECTION III—LIMITS OF INSURANCE.
Page 2
Commercial General Liability Coverage
p. Punitive or exemplary damages, fines or
penalties.
p. Continuing or progressive "bodily injury" or
"property damage" occurring at any time if
such "bodily injury" or "property damage"
arises out of an "occurrence" which took place
prior to the policy period.
COVERAGE B
PERSONAL INJURY LIABILITY
1 . Insuring Agreement.
a. We will pay those sums that an insured
becomes legally obligated to pay as damages
because of "personal injury" to which this in-
surance applies. No other obligation or liability
to pay sums or perform acts or services is
covered unless explicity provided for under
SUPPLEMENTARY PAYMENTS—COVER-
AGES A, B AND C.
b. We will have the right and duty to defend claims
or "suits" seeking such damages against an in-
sured. But: This right and duty is limited as
described under DEFENSE OF CLAIMS OR
SUITS—COVERAGES A, B AND C and the
amount we will pay for damages is limited as
described in SECTION III—LIMITS OF
INSURANCE.
c. This insurance applies to "personal injury" only
if caused by an offense:
(1) Committed in the "coverage territory" dur-
ing the policy period; and
(2) Arising out of the conduct of your business,
excluding advertising, publishing, broad-
casting or telecasting done by or for you.
2. Exclusions.
This insurance does not apply to:
a. "Personal injury"
(1) Arising out of oral or written publication of
material, if done by or at the direction of the
insured with knowlege of its falsity or indif-
ference to its truth or falsity;
(2) Arising out of oral or written publication of
material whose first publication took place
before the beginning of the policy period;
(3) Arising out of oral or written publication of
material relating to an employee or former
employee;
(4) Arising out of the willful violation of a penal
statute or ordinance committed by or with
the consent of the insured; or
(5) For which an insured has assumed liability
40
in a contract or agreement. This exclusion
does not apply to liability for damages that
an insured would have in the absence of the
contract or agreement;
(6) Wrongful entry or eviction, whether or not
expected or intended from the standpoint
of an insured:
(a) Arising out of the accidental, inadver-
tent or intentional discharge dispersal,
release, escape or use of 'pollutants";
or
(b) Arising out of any directive or obliga-
tion imposed by law that an insured
test for, monitor, clean up, remove,
contain, treat, detoxity or neutralize
any "pollutants."
(7) Which results in an award or verdict of
punitive or exemplary damages, fines or
penalties;
(8) To an employee or former employee of an
insured.
COVERAGE C
ADVERTISING INJURY LIABILITY
1. Insuring Agreement.
a. We will pay those sums that an insured
becomes legally obligated to pay as damages
because of" advertising Injury" to which this in-
surance applies. No other obligation or liability
to pay sums or perform acts or services is
covered unless explicitly provided for under
SUPPLEMENTARY PAYMENTS—COVER-
AGES A, B, AND C.
b. We will have the right and duty to defend claims
or "suits" seeking such damages against the
insured, but this right and duty is limited as
described under DEFENSE OF CLAIMS OR
SUITS—COVERAGES A, B AND C, and the
amount we will pay for damages is limited as
described in SECTION III—LIMITS OF
INSURANCE.
c. This insurance applies to "advertising injury"
only if caused by an offense committed:
(1) In the "coverage territory" during the policy
period; and
(2) In the course of advertising your goods, pro-
ducts or services.
2. Exclusions.
This insurance does not apply to:
a. "Advertising injury"
(1) Arising out of oral or written publication of
material, if done by or at the direction of the
insured with knowledge of its falsity or in-
difference to its truth or falsity;
Page 3
•
Commercial General Liability Coverage Form
(2) Arising out of oral or written publication of
material whose first publication took place
before the beginning of the policy period;
(3) Arising out of the willful violation of a penal
statute or ordinance committed by or with
the consent of the insured; or
(4) For which the insured has assumed liabili-
ty in a contract or agreement. This exclu-
sion does not apply to liability for damages
that the insured would have in the absence
of the contract or agreement;
(5) Arising out of breach of contract, other than
misappropriation of advertising ideas under
an implied contract;
(6) Arising out of the failure of goods, products
or services to conform with advertised quali-
ty or performance;
(7) Arising out of the wrong description of the
price of goods, products or services; or
(8) Involving an offense committed by an in-
sured whose business is advertising, broad-
casting, publishing or telecasting;
(9) Which results in an award or verdict of
punitive or exemplary damages, fines or
penalties;
(10) To an employee or former employee of an
insured.
COVERAGE D
MEDICAL PAYMENTS
1 . Insuring Agreement.
a. We will pay medical expenses as described
below for "bodily injury" caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent;
or
(3) Because of your operations;
provided that:
(a) The accident takes place in the
"coverage territory" and during the
policy period;
(b) The expenses are incurred and
reported to us within one year of the
date of the accident; and
(c) The injured person submits to ex-
amination, at our expense, by physi-
cians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the ap-
plicable limit of insurance designated in the
Declarations for medical payments. We will pay
reasonable expenses for:
0
(1) First aid at the time of an accident;
(2) Necessary medical, surgical, x-ray and den-
tal services, including prosthetic devices;
and
(3) Necessary ambulance, hospital, profes-
sional nursing and funeral services.
2. Exclusions.
We will not pay expenses for "bodily injury":
a. To any insured;
b. To a person hired to do work for or on behalf
of any insured or a tenant of any insured;
c. To a person injured on that part of premises you
own or rent that the person normally occupies;
d. To a person, whether or not an employee of any
insured, if benefits for the "bodily injury" under
any other insurance plan are payable or must
be provided under a workers compensation or
disability benefits law or a similar law;
e. To a person injured while taking part in
athletics;
f. Included within the "products -completed opera-
tions hazard";
g. Excluded under Coverage A;
h. Due to war, whether or not declared, or any act
or condition incident to war. War includes civil
war, insurrection, rebellion or revolution.
SUPPLEMENTARY PAYMENTS -
COVERAGES A, B AND C
We will pay, with respect to any claim or "suit" we
defend:
1 . All expenses we incur, except as otherwise
described in DEFENSE OF CLAIMS OR
SUITS—COVERAGES A, B AND C.
2. Up to $250 for cost of bail bonds required
because of accidents or traffic law violations aris-
ing out of the use of any vehicle to which the
Bodily Injury Liability Coverage applies. We do
not have to furnish these bonds.
3. The cost of bonds to release attachments, but
only for bond amounts within the applicable limit
of insurance. We do not have to furnish these
bonds.
4. All reasonable expenses incurred by the insured
at our request to assist us in the investigation or
defense of the claim or "suit", including actual
loss of earnings up to $100 a day because of
time off from work.
5. All costs taxed against the insured in the "suit."
6. Prejudgment interest awarded against the in-
sured on that part of the judgment we pay. If we
make an offer to pay the applicable limit of in-
surance, we will not pay any prejudgment in-
terest based on that period of time after the
offer.
Page 4
Commercial General Liability Coverage Form
7.All interest on the full amount of any judgment that
accrues after entry of the judgment and before we
have paid, offered to pay, or deposited in court the
part of the judgment that is within the applicable limit
of insurance.
DEFENSE OF CLAIMS OR SUITS—
COVERAGES A, B AND C
We may, at our discretion, investigate any "occurrence"
and settle any claim or "suit" that may result; but,
Our right and duty to defend such claims or "suits"
ends when we have used up in payment of claims,
settlements or judgments under COVERAGES A, B,
C or D the applicable Amount of Insurance available,
as set forth in the Declarations and described under
SECTION III—LIMITS OF INSURANCE. Our right
and duty to defend such claims or "suits" also ends
if the insured's liability for all damages covered by
this insurance has been discharged by us.
2. We have no duty to defend any claim or "suit", or
that part of any claim or "suit" to which this in-
surance does not apply but if we do provide a
defense at your request or after notice to you that
we contend that all or any part of the claim or "suit"
is not covered by this insurance the insured or in-
sureds defended shall promptly reimburse us for the
expense incurred in defending that part of any claim
or "suit" which through agreement, arbitration or
suit, is utimately found not to be covered and which
did not at any time have a reasonable potential of
being covered by this insurance.
3. Where, by agreement, or pursuant to law, an insured
selects the attorney who will conduct the defense of
a claim or "suit" against him, our obligation to pay
attorney fees is limited to reimbursing that insured
for such attorney fees as were necessarily incurred
in the interest of providing a complete and adequate
defense and were not in excess of the hourly rate
selected by the insured and set forth in the
Declarations.
SECTION 11
WHO IS AN INSURED
1 . The Named Insured in the Declarations.
2. If you are designated in the Declarations as:
a. An individual, you and your spouse are in-
sureds, but only with respect to the conduct of
a business of which you are the sole owner.
b. A partnership or joint venture, you, your spouse,
your partners, and their spouses are insureds,
but only with respect to the conduct of your
business.
11
An organization other than a partnership or joint
venture, you are an insured. Your executive of-
ficers and directors are insureds, but only with
respect to their duties as your officers or direc-
tors. Your stockholders are also insureds, but
only with respect to their liability as
stockholders.
3. Each of the following is also an insured:
a . Your employees, other than your executive of-
ficers, but only for acts within the scope of their
employment by you. However, none of these
employees is an insured for.
(1) "Bodily injury" or "personal injury" to you
or to a co -employee while in the course of
his or her employment; or
(2) "Bodily injury" or "personal injury" arising
out of his or her providing or failing to pro-
vide professional health care services; or
(3) "Property damage" to property owned or
occupied by or rented or loaned to that
employee, any of your other employees, or
any of your partners or members (if you are
a partnership or joint venture).
b. Any person (other than your employee), or any
organization while acting as your real estate
manager.
c . Any person or organization having proper tem-
porary custody of your property if you die, but
only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Your legal representative if you die, but only
with respect to duties as such. That represen-
tative will have all your rights and duties under
this coverage.
With respect to "mobile equipment" registered in
your name under any motor vehicle registration law,
any person is an insured while driving such equip-
ment along a public highway with your permission.
Any other person or organization responsible for the
conduct of such person is also an insured, but only
with respect to liability arising out of the operation
of the equipment, and only if no other insurance of
any kind is available to that person or organization
for this liability. However, no person or organization
is an insured with respect to:
a. "Bodily injury" to a co -employee of the person
driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by you
or the employer of any person who is an insured
under this provision.
Page 5
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Commercial General Uabillty Coverage Form
5. Any organization you newly acquire or form, other
than a partnership or joint venture, and over which
you maintain ownership or majority interest, will be
deemed to be a Named Insured if there is no other
similar insurance available to that organization.
However:
a. Coverage under this provision is afforded only
until the 90th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
b. Coverage A does not apply to "bodily injury"
or "property damage" that occurred before you
acquired or formed the organization; and
c. Coverages B and C do not apply to "personal
injury" or "advertising injury" arising out of an
offense committed before you acquired or form-
ed the organization.
No person or organization is an insured with respect to
the conduct of any current or past partnership or joint
venture that is not shown as a Named Insured in the
Declarations.
SECTION III
LIMITS OF INSURANCE
1 . The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay
regardless of the number of:
Insureds;
b. Claims made or "suits" brought;
c. Persons or organizations making claims or
bringing "suit'; or
d. Coverage territories in which claims are made
or suits are brought.
2. The General Aggregate Limit is the most we will pay
for the sum of:
a. Damages under Coverage A, Coverage B and
Coverage C, except damage included in the
"products -completed operations hazard"; and
b. Medical expense under Coverage D.
3. The Products -Completed Operations Aggregate
Limit is the most we will pay under Coverage A for
damages because of injury and damage included in
the "products -completed operations hazard."
4. Subject to 2. above, the Personal Injury Limit is the
most we will pay under Coverage 8 for the sum of
all damages because of all "personal injury" sus-
tained by any one person or organization.
If a participation percentage selected by you is stated
in the Declarations for personal injury, we will not
be liable for a greater percentage of any loss than the
C�
difference between such percentage and one hun-
dred percent, and the balance of the loss shall be
bome by you; provided that we may pay your por-
tion of the loss to effect settlement of the loss, and,
upon notification of the action taken, you shall
promptly reimburse us therefore. The existence of
a participation percentage will not serve to increase
the aggregate limit set forth in the Declarations.
5. Subject to 2. above, the Advertising Injury Limit is
the most we will pay under Coverage C for the sum
of all damages because of all "Advertising Injury"
sustained by any one person or organization.
6. Subject to 2. or 3. above, whichever applies, the
Each Occurrence Limit is the most we will pay for
the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage D
because of all "bodily injury" and "property
damage" arising out of any one 'occurrence."
7. Subject to 6. above, the Fre Damage Limit is the
most we will pay under Coverage A for damages
because of "property damage" to premises rented
to you arising out of any one fire.
8. Subject to 6. above, the Medical Expense Limit is
the most we will pay under Coverage D for all
medical expenses because of "bodily injury" sus-
tained by any one person.
The limits of this Insurance apply separately to each
consecutive annual period and to any remaining period
of less than 12 months, starting with the beginning of
the policy period shown in the Declarations, unless the
policy period is extended after issuance for an additional
period of less than 12 months. In that case, the addi-
tional period will be deemed part of the last preceding
period for purposes of determining the Limits of
Insurance.
If the amount of the General Aggregate Limit or the?ro-
ducts Completed Operation Aggregate Limit is left blank
on the Declarations, that total limit will be considered
to be the same as the Each Occurrence Limit or
$500,000, whichever is greater. If the amount of the
Personal Injury and Advertising Injury Limit is left blank
on the Declarations, that limit will be considered to be
the same as the Each Occurrence Limit.
SECTION IV
COMMERCIAL GENERAL LIABILITY
CONDITIONS
1 . ArbWation
If we and the insured do not agree conceming
whether or not coverage is provided under this In-
surance for a claim made or a suit brought against
such insured, then either party may make a written
demand for arbitration. When such a demand is
made, arbitration shall be a condition precedent to
the filing of any civil action to or arising out of such
disagreement.
i1
0
Commercial General Liability Coverage Form
We and such insured may agree to use one ar-
bitrator. Failing to agree upon one arbitrator, each
party will select an arbitrator within 30 days. The two
arbitrators will select a third. If the two arbitrators
cannot agree within 30 days, either may request that
selection of the third be made by a judge of a court
having jurdisdiction.
Each party will:
Pay the expenses it incurs; and
b. Bear the expenses of the third arbitrator equally.
Unless both parties agree otherwise, arbitration will
take place in the county in which your address
shown in the Declarations is located. Local rules of
law as to procedure and evidence will apply. A deci-
sion agreed to by two of the arbitrators will consitftute
a determination of the coverage question or dispute.
2. Bankruptcy.
Bankruptcy or insolvency of the insured or of the in-
sured's estate will not relieve us of our obligations
under this coverage.
3. Cancellation.
a. The first Named Insured shown in the Declara-
tions may cancel this policy by mailing or
delivering to us advance written notice of
cancellation.
b. We may cancel this policy by mailing or deliver-
ing to the first Named Insured written notice of
cancellation at least:
(1) Ten (10) days before the effective date of
cancellation if we cancel for nonpayment of
premium; or
(2) Thirty (30) days before the effective date of
cancellation if we cancel for any other
reason.
c. We will mail or deliver our notice to the first
Named Insured's last mailing address known
to us.
d. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
e. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be less
than pro rata. The cancellation will be effective
even if we have not made or offered a refund.
f. If notice is mailed, proof of mailing will be suffi-
cient proof of notice.
0
4. Changes.
This policy contains all the agreements between you
and us concerning the insurance afforded. The first
Named Insured shown in the Declarations is
authorized to make changes in the terms of this
policy with our consent. This policy's terms can be
amended or waived only by endorsement issued by
us and made a part of this policy.
S. Duties In The Event Of Occurrence, Claim Or
"Suit".
a. You must see to it that we are notified prompt-
ly as soon as practicable of an "occurrence"
which may result in a claim, To the extent possi-
ble, notice should include:
(1) How, when and where the "occurrence"
took place; and
(2)The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence."
b. If a claim is received by any insured, you must:
(1) Immediately record the specifics of the
claim and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written notice
of the claim as soon as practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation, set-
tlement or defense of the claim or "suit";
and
(4) Assist us, upon our request, in the enforce-
ment of any right against any person or
organization which may be liable to an in-
sured because of injury or damage to which
this insurance may apply.
d. No insureds will, except at their own cost, volun-
tarily make a payment, assume any obligation,
or incur any expense, other than for first aid,
without our consent.
6. Examination Of Your Books And Records.
We may examine and audit your books and records
as they relate to this policy at any time during the
policy period and up to three years afterward.
Page 7
Commercial General Liability Coverage Form
7. Inspections And Surveys.
We have the right but are not obligated to:
a. Make inspections and surveys at any time;
b. Give you reports on the conditions we find; and
c. Recommend changes.
Any inspections, surveys, reports or recommenda-
tions relate only to insurability and the premiums to
be charged. We do not make safety inspections. We
do not undertake to perform the duty of any person
or organization to provide for the health or safety of
workers or the public. And we do not warrant that
conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.
This Condition 7. applies not only to us, but also to
any rating bureau, advisory rate service or similar
organization which makes insurance inspections,
surveys, reports or recommendations.
8. Legal Action Against Us.
a. No person or organization has a right under this
insurance:
(1) To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
(2) To sue us unless all of the terms of this in-
surance have been fully complied with.
b. Where we have notified you that a claim or suit
is not covered by this insurance or where we
have refused to defend a claim or suit against
you, arbitration must be demanded pursuant to
the arbitration provisions of this insurance within
12 months of the date upon which notification
was sent to you. No suit or action by you for
damages directly or indirectly arising out of our
conduct in refusing to defend or provide
coverage shall thereafter be maintained in any
court of law or equity unless commenced within
90 days of the date upon which you received
notice of the findings of the arbitrators.
c. A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured obtained after an actual trial;
but we will not be liable for damages that are
not payable under the terms of this insurance
or that are in excess of the applicable limit of
insurance. An agreed settlement means a set-
tlement and release ofliability signed by us, the
insured and the claimant or the claimant's legal
representative.
•
d. In the event of any breach of this contract of in-
surance or of any express or implied covenant
herein, including the implied covenant of good
faith and fair dealing, whether done
unreasonably, wantonly, in bad faith, or in con-
scious disregard of rights, it is agreed that the
damages recoverable in a "suit" by the party
or parties aggrieved shall be limited to the ac-
tual economic loss caused thereby, including
all attorneys fees and other litigation costs
reasonably incurred in enforcing the contract.
However, nothing herein shall preclude the
recovery of any damages allowed by law for
fraud, deceit, or for any intentionally inflicted
harm.
e. In any suit between you and us, brought by
either party by reason of a disagreement con-
ceming any rights or obligations under this in-
- surance, the prevailing party shall Tecover all
legal costs, including attorneys fees, reasonably
incurred.
9. Other Insurance.
If other valid and collectible insurance is available
to the insured for a loss we cover under Coverages
A, B or C, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b. below
applies. If this insurance is primary, our obliga-
tions are not affected unless any of the other
insurance is also primary. Then, we will share
with all that other insurance by the method
described in c. below.
b. Excess Insurance
This insurance is excess over any valid and
collectible otherinsurance,-whetherprimary,ex-
cess, contingent or on any other basis:
(1) That is Fre, Extended Coverage, Quilder's
Risk, Installation Risk or similar coverage
for "your work";
(2) That is Fre insurance for premises rented
to you; or
(3) If the loss arises out of the maintenance or
use of aircraft, "auto" or watercraft to the
extent not subject to Exclusion g. of
Coverage A (SECTION 1).
When this insurance is excess, we will have no
duty under Coverage A. B or C to defend any
claim or "suit" that any other insurer has a du-
ty to defend. If no other insurer defends, we will
undertake to do so, but we will be entitled to the
insured's rights against all other insurers.
Page 8
0
Commercial General Liability Coverage Form
When this insurance is excess over other in-
surance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of:
(1) The total amount that all such other in-
surance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured
amounts under ail that other insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in this
Excess Insurance provision and was not bought
specifically to apply in excess of the Limits of
Insurance shown in the Declarations of this
coverage.
c. Method of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.
Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of in-
surance of all insurers.
10. Premium Audit.
a. We will compute all premiums for this coverage
in accordance with our rules and rates.
b. Premium shown in this coverage as advance
premium is a deposit premium only. At the dose
of each audit period we will compute the earn-
ed premium for that period. Audit premiums are
due and payable on notice to the first Named
Insured. If the sum of the advance and audit
premiums paid for the policy term is greater
than the earned premium, we will return the ex-
cess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium computa-
tion, and send us copies at such times as we
may request.
11. Premiums.
The first Named Insured shown in the Declarations:
a. Is responsible for the payment of all premiums;
and
b. Will be the payee for any return premiums we
pay.
12. Representations.
By accepting this policy, you agree:
11
a. The statements in the Declarations are accurate
and complete;
b. Those statements are based upon representa-
tions you made to us; and
c. We have issued this policy in reliance upon your
representations.
13. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in the
coverage to the first Named Insured, this insurance
applies:
a. As if each Named Insured were the only Nam-
ed Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
14. Transfer Of Your Rights And Duties Under This
Policy.
Your rights and duties under this policy may not be
transferred without our written consent except in the
case of death of an individual Named Insured.
If you die, your rights and duties will be transferred
to your legal representative but only while acting
within the scope of duties as your legal represen-
tative. Until your legal representative is appointed,
anyone having proper temporary custody of your
property -will have your rights and duties but only with
respect to that property.
15. Transfer Of Rights Of Recovery Against Other To
Us.
If the insured has rights to recover all or part of any
payment we have made under this insurance, those
rights are transferred to us. You must do nothing
after loss to impair them. At our request, you will
bring "suit" at our expense or transfer those rights
to us and help us enforce them.
16. When We Do Not Renew.
If we decide not to renew this insurance, we will mail
or deliver to the first Named Insured shown in the
Declarations written notice of the non -renewal not
less than 60 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
17. Liberalization Clause.
In the event any filing is submitted to the insurance
supervisory authorities on behalf of the Company,
and:
(a) The filing is approved or accepted by the in-
surance authorities to be effective while this
policy is in force or within 45 days prior to its
inception; and
Page 9
Commercial General Liability Coverage
rendering or failing to render professional ser-
vices, including those listed in a. above and
supervisory, inspection or engineering services;
or
c. That indemnifies any person or organization for
damage by fire to premises rented or loaned to
you.
7. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is ac-
cepted for movement into or onto an aircraft,
watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft, water-
craft or "auto" to the place where it is finally
delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not attach-
ed to the aircraft, watercraft or "auto."
S. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next
to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, main-
tained primarily to provide mobility to per-
manently mounted:
(1 ) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing equip-
ment such as graders, scrapers or rollers;
e. Vehicles not described in a., b., c. or d. above
that are not self-propelled and are maintained
primarily to provide mobility to permanently at-
tached equipment of the following types:
(1) Air compressors, pumps and generators, in-
cluding spraying, welding, building clean-
ing, geophysical exploration, lighting and
well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in a., b., c. or d. above
maintained primarily for purposes other than the
transportation of persons or cargo.
However, self-propelled vehicles with the follow-
ing types of permanently attached equipment
are not "mobile equipment" but will be con-
sidered "autos":
L
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construc-
tion or resurfacing;
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
(3) Air compressors, pumps and generators, in-
cluding spraying, welding, building clean-
ing, geophysical exploration, lighting and
well servicing equipment.
9. "Occurrence" means an accident, including con-
tinuous or repeated exposure to substantially the
same general harmful conditions.
10. "Personal injury" means injury, other than "bodi-
ly injury", arising out of one or more of the follow-
ing offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. Wrongful entry into, or eviction of a person from,
a room, dwelling or premises that the person
occupies as a residence;
d. Oral or written publication of material that
slanders or libels a person or organization or
disparges a person's or organization's goods,
products or services; or
e. Oral or written publication of material that
violates a person's right of privacy.
11. "Pollutants" means any solid, liquid, gaseous, or
thermal irritant, contaminant, corrosive or toxic
substance, including smoke, vapors, soot, fumes,
acids, alkalis, chemicals and waste materials con-
sisting of or containing any of the foregoing.
12. a. "Products -completed operations hazard" in-
cludes all "bodily injury" and "property
damage" occurring away from premises you
own or rent and arising out of "your product"
or "your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed or
abandoned;
b. "Your work" will be deemed completed at the
earliest of the following times:
(1) When all of the work called for in your con-
tract has been completed;
(2) When all of the work to be done at the site
has been completed if your contract calls
for work at more than one site;
Page 11
Commercial General Liability Coverage F
(b) The filing includes insurance fors or other pro-
visions that would extend or broaden this in-
surance by endorsement or substitution of for,
without additional premium;
11
(2) The insured's responsibility to pay
damages is determined in a "suit" on the
merits, in the territory described in a. above
or in a settlement we agree to.
the benefit of such extended or broadened insurance S. "Impaired propertytangible " means
shall inure to the benefit of the insured as though " taro Property. other
than your product or "your work", that cannot be
the endorsement or substitution of for had been used or is less useful because:
made.
SECTION V
DEFINITIONS
1 . "Advertising injury" means injury occurring during
the course of calling something to the attention of
the public by means of paid broadcast or printed an-
nouncements and which arises out of one or more
of the following offenses:
a. Oral or written publication of material that
slanders or libels a person or organization or
disparages a person's or organization's goods,
products or services;
b. Oral or written publication of material that
violates a person's right of privacy;
c. Misappropriation of advertising ideas or style of
doing business; or
d. Infringement of copyright, title or slogan.
2. "Auto" means a land motor vehicle, trailer or semi-
trailer designed for travel on public roads, including
any attached machinery or equipment. But "auto"
does not include "mobile equipment."
"Bodily injury" means physical injury to the body,
sickness or disease sustained by a person, including
death resulting from any of these at any time. "Bodily
injury" also includes shock to the nervous system
or emotional distress if the shock or emotional
distress is severe and was treated by a medical
doctor.
4. "Coverage territory" means:
a. The United States of America (including its ter-
ritories and possesions), Puerto Rico and
Canada;
b. International waters or airspace, provided the
injury or damage does not occur in the course
of travel or transportation to or from any place
not included in a. above; or
c. All parts of the world if:
(1) The injury or damage arises out of:
(a) Goods or products made or sold by
you in the territory described in a.
above; or
(b) The activities of a person whose home
is in the territory described in a. above,
but is away for a short time on your
business; and
a. It incorporates "your product" or "your work"
that is known or thought to be defective, defi-
cient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract
or agreement;
H such property can be restored to use by:
a. The repair, replacement, adjustment or removal
of "your product" or "your work"; or
b. Your fulfilling the terms of the contract or
agreement.
6. "insured contract" means:
a. A lease of premises;
b. A sidetrack agreement;
c. An easement or license agreement in connec-
tion
onnecttion with vehicle or pedestrian private railroad
crossings at grade;
d. Any other easement agreement, except in con-
nection with construction or demolition opera-
tions on or within 50 feet of a railroad;
e. An indemnification of a municipality as required
by ordinance, except in connection with work
for a municipality;
f. An elevator maintenance agreement; or
g. That part of any other contract or agreement
pertaining to your business under which you
assume the tort liability of another to pay
damages because of "bodily injury" or "proper-
ty damage" to a third person or organization,
if the contract or agreement is made prior to the
"bodily injury" or "property damage." Tort
liability means a liability that would be impos-
ed by law in the absence of any contract or
agreement.
An "insured contract" does not include that part of
any contract of agreement:
a. That indemnifies an architect, engineer or
surveyor for injury or damage arising out of:
(1) Preparing, approving or failing to prepare
or approve maps, drawings, opinions,
reports, surveys, change orders, designs or
specifications; or
(2) Giving directions or instructions, or failing
to give them, if that is a contributing or sole
cause of the injury or damage;
b. Under which the insured, if an architect,
engineer or surveyor, assumes liability for in-
jury or damage arising out of the insured's
Page 10
. s
Commercial General Liability Coverage Form
(3) When that part of the work done at a job
site has been put to its intended use by any
person or organization other than another
contractor or subcontractor working on the
same project;
Work that may need service, maintenance, cor-
rection, repair or replacement, but which is
otherwise complete, will be treated as
completed;
c. This hazard does not include "bodily injury" or
"property damage" arising out of:
(1 ) The transportation of property, unless the
injury or damage arises out of a condition
in or on a vehicle created by the "loading
or unloading" of it;
(2) The existence of tools, uninstailed equip.
ment or abandoned or unused materials;
(3) Products or operations for which the
classification in this coverage or in our
manual of rules includes products or com-
pleted operations.
13. "Property damage" means:
a. Physical injury to tangible property, including
all resulting loss of use of that property; or
b. Loss of use of a tangible property that is not
physically injured, which is caused by physical
injury to other tangible property.
14. "Suit" means a civil proceeding in a court of law
or equity in which damages to a person or entity are
sought arising out of "bodily injury", "property
damage", "personal injury" or "advertising injury"
to which this insurance applies. "Suit" includes a
•
civil proceeding by you in a court of law or equity
to secure or clarify coverage under this insurance
after an arbitration decision in our favor.
15. "Your product" means:
a. Any goods or products, other than real proper-
ty, manufactured, sold, handled, distributed or
disposed of by:
(1) You;
(2)Others trading under your name; or
(3) A person or organization whose business
or assets you have acquired; and
b. Containers (other than vehicles), materials,
parts or equipment fumished in connection with
such goods or products.
"Your product" includes warranties or representa-
tions made at any time with respect to the fitness,
quality, durability or performance of any of the items
included in a. and b. above.
"Your product" does not include vending machines
or other property rented to or located for the use
of others but not sold.
16."Your work" means:
a. Work or operations performed by you or on your
behalf; and
b. Materials, parts or equipment furnished in con-
nection with such work or operations.
"Your work" includes warranties or representations
made at any time with respect to the fitness, quali-
ty, durability or performance of any of the items in-
cluded in a. or b. above.
Page 12
STATE OF CALIFORNIA _
DEPARTMENT OF INDUSTRIAL RELATIONS
SELF-INSURANCE PLANS
2848 ARDEN WAY, SUITE 105
SACRAMENTO, CA 95825
(9161 924-4866
CERTIFICATE OF SELF—INSURANCE
OF
WORKERS' COMPENSATION
TO WHOM IT MAY CONCERN:
GEORGE DEUKMVIAN, GoN
ADDRESS REPLY TO,
2845 ARDEN WAY, SUITE 105
SACRAMENTO, CA 95825
This certifies that Certificate of Consent to Self -Insure No. 2106-C
was issued by the Director of Industrial Relations to:
VALLEY SLURRY SEAL COMPANY
under the provisions of Section 3700, Labor
August 1, 1988. The Certificate is now and
and effect since that date.
Dated at Sacramento, California
This 12th day of September, 1988
M R ASHG FI n
Maager
Self• -Insurance Plans
MBA:fa
cc:BASIC RESOURCES
Attn: Ms. Carol Vierra
insurance Administrator
928 12th Street
P. 0. Box 3191
Modesto, CA 95353
(Original)
cc: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Slurry Seal of City Streets - our job #89-013
Code of California, on
has been in full force
0
DATE: May 2, 1989
[o
VESILLey
SLUffy seaL CO.
TO: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675 NAY
Attn: Brian Perry Q
Of
RE:
Slurry Seal of City Stre� 6µo /
We enclose herewith
❑ Forward to us immediately
copies of the following
❑ Contract Agreement ❑ Executed
❑ Subcontract Agreement ❑ Approved
❑ List of Materials To Be Used ❑ Unapproved
❑ Change order
❑ Letter
❑ EEO
❑ Certified Payroll
❑ Purchase Order
❑ Bonds
❑ Insurance Certificate
Remarks: Enclosed are corrected final bonds, as requested.
❑ For approval
❑ For your signature
❑ For your use
❑ For Correction
El
B��
Y
B. Terri Schmitt
CRLIFORnIR STRTE COr1TRRCTOR'S LICEr1SE no. 2937276
R.O. BOX 1620 • WEST SRCRRrnEr1TO,CR S5691 • (9161 373-1500 • FRX n0. (9167 373-1,I38
R. Salae PAVEmEnT MRInTEnRnCE SPECIALISTS
0
March 28, 1989
Valley Slurry Seal Co.
Post Office Box 26132
Sacramento, CA 95826
Re: Slurry Seal of City Streets
Gentlemen:
Jean
776
1 — Oee�Ri'p
s7,�,e,o � 1961
1
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN 8 JULIAN
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 2, 1989. These documents must be returned to City Hall on or
before April 18, 1989.
V(truly
yours
Brian Perry
Associate Civil Engineer
BP:kls
cc: Dawn Schanderl
Kathleen Salguero Trepa
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171
J�
�U1- pnfoAro,�,
alHmxB 1961
1776
MEMORANDUM
TO: Interested Persons
FROM: Mary Ann Hanover, City Clerk
DATE: May 4, 1989
SUBJECT: Award of Contract - Slurry Seal of City Streets
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
The City Council of the City of San Juan Capistrano at its regular meeting held
May 2, 1989, took action to award the contract for the Slurry Seal of City Streets
to the low responsible bidder, Valley Slurry Seal. All other bids were rejected.
Thank you for your interest in this project. If we can be of further assistance,
please call.
MARY ANN4ANOVER, CMC
MAH/cj
cc: Doug Martin Contracting Company
Roy Allen Slurry Seal
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
0
•
CITY OF SAN JUAN CAPISTRANO
COUNTY OF ORANGE
STATE OF CALIFORNIA
SPECIFICATIONS
AND CONTRACT DOCUMENTS
SLURRY SEAL OF CITY STREETS
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 1999
•
r
L
0 0
TABLE OF CONTENTS
SLURRY SEAL OF CITY STREETS
TITLE
CONTRACT DOCUMENTS
PAGE
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
Section
1
Standard Specifications.......................................SP-1
DS -1
Section
2
Terms Defined...........................................SP-2
DS -1
Section
3
Flow & Acceptance of Water..................................SP-2
DS -4
Section
4
W ater......................................................
SP -2
Section
•
5
Insurance and Overhead Costs............ ................... .SP
-2
Section
6
Protection of Existing Utilities (Underground
Service Alert............................................SP-2
Section
7
Protection of Private Property.................................SP-3
Section
8
Construction Zone..... .. ...............................SP
-3
Section
9
Pre -Construction Coordination Meeting .........................SP
-3
Seciton
10
Notification.................................................SP-3
DETAIL SPECIFICATIONS AND METHOD OF PAYMENT
Bid Item
1
Mobilization ................................................
DS -1
Bid item
2
Slurry Seal .................................................
DS -1
Bid Item
3
Pavement Markings ..........................................
DS -4
Bid Item
4&5
Streetsweeping.............................................
DS -4
0
• SLURRY SEAL OF CITY STREETS
NOTICE INVITING BIDS
Public notice is hereby given that the City of San Juan Capistrano will,
up to 2:00 p.m., on the 27th day of March 1989, receive sealed proposals or bids for the
SLURRY SEAL OF CITY STREETS 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 20th day of March 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.
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• The City Council reserves the right to reject any and all bids received and to compare
the relative merits of the respective bids and to choose that which in the opinion of said
City will best serve the interests or needs of said City.
A time limit of forty-five (45) calendar days has been set for the completion of the work,
from the date of execution of the contract.
BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of
California, copies of the prevailing rate of per diem wages, as determined by the
Director of the State Department of Industrial Relations, are on file in the office of the
City Clerk and shall be made available to any interested party on request.
Copies of plans and specifications are on file in the office of the City Clerk of San Juan
Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans
and specifications for use in preparing bids may be obtained at the Office of the City
Clerk, San Juan Capistrano, at the address shown above. One set of plans and
specifications is available for each general contractor proposing to submit a bid for said
work. A charge in the amount of $10, nonrefundable, is required for obtaining each set
of plans and specifications. There will be a $5 charge for postage and handling on all
• plans and specifications mailed.
Each bidder shall state the California Contractor's License number of such bidder so
•
bidding, as no bid will be accepted from a Contractor who has not been licensed in
accordance with the provisions of the laws of the State of California relating to the
licensing of Contractors.
This Notice is hereby given and published by order of the City Council of the City of San
Juan Capistrano, and is dated: i /�u�r _ 2 -
CITY
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
-2-
r
BID PROPOSAL
• For the: SLURRY SEAL OF CITY STREETS
From:
To the Honorable City Council
City of San Juan Capistrano
Gentlemen:
Contractor
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
40 sum given on the following pages of this proposal, amounting to a total of:
Words Figures
Said amount to include and cover all taxes, the furnishing of all materials, the
performing of all the labor requisite or proper and the providing of all necessary
machinery, tools, apparatus, and other means of construction; also, the performance and
completion of all the work in the manner set forth, described and shown in the Specifica-
tions or the drawings for the work.
If the contract is awarded, the undersigned agrees to enter into a contract with the City
and to commence work within fifteen (15) calendar days from the date of execution
thereof, and to diligently prosecute the work to completion before the expiration of
forty-five (45) calendar days.
All bids are to be computed on the basis of the given Estimated Quantities of Work, as
indicated in this proposal, times the unit prices as submitted by the bidders. In case of
discrepancy between words and figures, the words shall prevail. In case of discrepancy
between unit prices and the extension thereof, the unit price shall prevail and bids will be
computed as indicated above and compared on the basis of corrected totals.
• The estimated quantities of work indicated in the proposal are approximate only being
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• 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.
WE
Signature of Bidder:
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:
Dated:
Business Address
Telephone Number
Further, the undersigned bidder certifies that he has thoroughly checked the figures set
forth in this proposal, that they are correct to the best of his knowledge and that they
constitute his proposal for the work called out herein.
Dated:
Dated:
•
•
-5-
Signature of Bidder
Telephone Number
0
•
0
0
Total Bid Price (Enter here and on Page 3)
Words
019
Figures
SCHEDULE OF WORK ITEMS
SLURRY SEAL OF CITY STREETS
Approximate
Work Items With Unit Price
Unit Price
item
Quantity
(Written in Words)
(In Figures)
Total Amount
1
LS
Mobilization for the lump sum
price of two thousand dollars.
$ 2,000.00
2
505,000 SF
Slurry seal for the unit price of
dollars per square foot.
$
$
3
LS
Pavement markings for the lump
sum price of
dollars.
$
4
LS
Street sweeping seven days after
application of slurry for the
lump sum price of
dollars.
$
5
LS
Streetsweeping 14 days after
application of slurry for the
lump sum price of
dollars.
$
Total Bid Price (Enter here and on Page 3)
Words
019
Figures
•
•
•
0 0
NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA
County of
and says that he is
of
ss.
being first duly sworn deposes
the party making the foregoing bid; that such bid
is not made in the interest of or on behalf of any undisclosed person, partnership,
company, association, organization, or corporation; that such bid is genuine and not
collusive or sham; that said bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or
that any one shall refrain from bidding; that said bidder has not in any manner, directly
or indirectly, sought by agreement, communication or conference with any one to fix the
bid price of said bidder or of any other bidder, or to fix the bid price of or cost element
of such bid price, or of that of any other bidder, or to secure any advantage against the
public body awarding the contract of any one interested in the proposed contract; that all
statements contained in such bid are true; and further, that said bidder has not directly
or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid and will not pay any fee in
connection therewith, to any corporation, partnership, company, association,
organization, bid depository, or to any member or agent thereof, or to any other
individual except to any person or persons as have a partnership or other financial
interest with said bidder in this general business.
DATED:
SIGNATURE
On this the day of , 19_ before me, the undersigned, a
Notary Public in and for said State, personnally appeared
personally known to
me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s)
subscribed to the within instrument, and acknowledged that
executed it.
WITNESS my hand and official seal.
Notary Public in and for said State
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•
DESIGNATION OF SUB -CONTRACTORS
Submit with Proposal.
In compliance with the Provisions of Section 4100-4107 of the Government
Code of the State of California as amended, the undersigned certifies that he has used
the sub -bids of the following listed sub -contractors in making up his bid, and that the
sub -contractors listed will be used for the work for which they bid, subject to the
approval of the Engineer, and in accordance with the applicable provisions of the
Specifications. It is understood and agreed that all those portions of the work called for
in the contract documents for which a sub -contractor is not listed will be performed by
the undersigned through his forces. If no sub -contractors are listed, all bonds and
insurance will be written in the name of the general contractor only.
1.
• 2.
3.
4
5.
6.
7.
8.
•
Item of Work Sub -Contractor Address Phone No.
BIDDER'S NAME
AUTHORIZED SIGNATURE
-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.
•
In
0 0
• Addenda or Bulletins
The effect of all addenda to the contract documents shall be considered in the bid and
said addenda shall be made a part of the contract documents and shall be returned with
them. Before submitting his bid, each bidder shall inform himself as to whether or not
any such addenda have been issued, and failure to cover in his bid any such addenda
issued may render his bid invalid and result in its rejection.
Disqualification of Bidders
No person, firm or corporation shall be allowed to make, file or be interested in more
than one bid for the same work unless alternate bids are called for. A person, firm or
corporation who has submitted a sub -proposal to a bidder, or who has quoted prices on
materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf.
Proposals
Bids to receive consideration shall be in accordance with the following instructions:
A. Bids shall be made only upon the forms provided within these specifications; all bid
items shall be properly filled out; bid prices shall be stated both in words and in
figures; and the signatures of all persons signing shall be in longhand. Where there is
• a conflict in the words and the figures, the words shall govern.
B. All prices and notations must be in ink or typewritten. No erasures will be
permitted. Mistakes may be crossed out and corrections typed or written in ink
adjacent thereto and must be initialed in ink by the person or persons signing the bid.
C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals
will not be considered except as required hereinabove. No oral, telegraphic or
telephonic proposals or modifications will be considered.
D. The City may require any bidder to furnish a statement of his experience, financial
responsibility, technical ability, equipment and references properly and fully filled
out.
E. Each bidder shall list his proposed sub -contractors on the form accompanying the
proposal in accordance with the provisions of the specifications.
F. Each bidder must accompany his bid with either a cashier's check upon some
responsible bank, or a properly certified check upon such bank, or an approved
corporate surety bond payable to the City for such a sum of not less than ten (10)
percent of the aggregate sum of the bid, which check or bond and the monies
represented thereby shall be held by the City as a guarantee that the bidder, if
. awarded the contract, will in good faith enter into such contract and furnish the
required bonds.
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0 9
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.
C�
Opening of Bid Proposals
The City will, in open session, publicly open, examine and declare the bids at the time set
forth in the "Notice Inviting Bids". Bidders or their authorized representatives are
invited to be present.
Award of Contract or Rejection of Bids
No bidder may withdraw his bid for a period of forty-five (45) days after the date set for
the opening of bids. The contract for the work will either be awarded or the bids
rejected within the forty-five (45) days from the date set for the opening of bids.
The contract for the work will be awarded to the lowest responsible bidder complying
with these instructions and with the "Notice Inviting Bids". The City, however, reserves
the right to reject any or all bids and to waive mere informalities, minor technical errors
or irregularities, obvious clerical errors or erasures.
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0 0
The bidder to whom the award is made shall execute a written contract with the City and
• furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after
the notice of award of contract. The contract shall be made in the form adopted by the
City. The release of the successful bidder's surety deposit, as previously stipulated (page
5), shall be made upon the City's acceptance of the Labor and Materials Bond and the
Faithful Performance Bond.
If the bidder to whom the award is made fails to enter the contract as herein provided,
the award may be annulled and an award may be made to the next lowest responsible
bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the
party to whom the first award was made. A corporation to which an award is made shall
furnish evidence of its corporate existence and evidence that the officer signing the con-
tract and bonds for the corporation is duly authorized to do so.
Bonds
The successful bidder, simultaneously with the execution of the Agreement, will be
required to furnish a Labor and Material Bond in a sum not less than one hundred percent
(100%) of the total amount payable by the terms of the contract and a Faithful
• Performance Bond in a sum not less than one hundred percent (100%) of the amount of
the contract. Said bonds shall be secured from a surety company listed as acceptable on
the list included in these specifications. Bonds must be submitted on the forms contained
in these specifications.
Time of Performance
The work shall be commenced within fifteen (15) calendar days from the date of issuance
of the Notice to Proceed and shall be diligently prosecuted until completion. A time
limit of forty-five (45) calendar days from the date specified in the Notice to Proceed
has been set for completion of the work. The bidder's attention is directed to the
specifications as to provisions for extension of time of completion and/or assessment of
liquidated damages.
Assignment of Contract
No assignment by the Contractor of any contract to be entered into hereunder or any
part thereof, or of funds to be received thereunder by the Contractor, will be recognized
by the awarding authority unless such assignment has had prior approval of the awarding
authority and the surety has been given notice of such assignment in writing and has
• consented thereto in writing.
-12-
i
J
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-
11
CONTRACT
This contract is made and entered into by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as City and
hereinafter referred to as CONTRACTOR.
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to
include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond,
the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is
prepared for execution by the City and the Contractor, Plans, Specifications and Special
Provisions, the Standard Specifications for Public Works Construction, 1999 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 SLURRY SEAL OF CITY STREETS in strict
conformity with the Plans, Specifications and all other contract documents, which
documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto,
San Juan Capistrano, California.
THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump
sum adjusted for variations of quantities, at the prices designated in bid proposal at the
time and in the manner set forth in the Specifications.
FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR
agrees to begin and complete the work within the time specified in the Notice Inviting
•
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Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual
• amount of damages, and loss sustained by City, should CONTRACTOR fail to complete
the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated
damages, not in the nature of a penalty, one hundred dollars ($100) per calendar day for
each day delayed; provided that extensions of time with waiver of liquidated damages,
may be granted as provided in the Specifications.
FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR
agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing
payment of all labor and material used under this contract, as required by the laws of the
State of California, on forms approved by City. The Performance Bond shall be for an
amount of one hundred percent (100%) of the amount of this contract and shall be
conditioned on full and complete performance of the contract, guaranteeing the work
against faulty workmanship and materials for a period of one (1) year after completion
and acceptance. The Labor and Material Bond shall be for an amount of one hundred
percent (100%) of the amount of this contract and shall be conditioned upon full payment
of all Labor and Material entering into or incidental to the work covered by this
• contract. CONTRACTOR agrees to furnish the bonds on the forms found within the
Specifications.
CONTRACTOR agrees to pay City such sum as the Court may judge as reasonable for
the legal services of any attorney representing the City in any action brought to enforce
or interpret the obligations of this agreement, and such sums shall be made a part of any
judgment in such action against CONTRACTOR if such action is determined in favor of
said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall
provide that the surety shall pay attorney's fees incurred by City in enforcing this
agreement.
SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor
Code of the State of California, copies of the prevailing rate of per diem wages, as
determined by the Director of the State Department of industrial Relations, are on file
in the offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California,
IS
and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or
-15-
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any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified
• prevailing rates of wages to all workmen employed in the execution of the contract.
SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this
contract liability and property damage insurance naming the City and its elected and
appointed officials as a named insured, which such policies shall be of an amount not less
than One Million Dollars combined single limit. Insurance certificates shall be for a
minimum period of one year.
The insurance policies shall bear an endorsement or shall have an attached rider
providing that in the event of expiration or proposed cancellation of such policies for any
reason whatsoever, the City shall be notified by registered mail, return receipt
requested, giving a sufficient time before the date thereof to comply with the applicable
law or statute but in no event less than 30 days before expiration or cancellation is
effective. CONTRACTOR shall provide to City the policy certificate establishing that
the required level of insurance has been satisfied.
• CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and
employees from and against any and all claims, demands, loss or liability of any kind or
nature which Lessor, its officers, agents and employees may sustain or incur or which
may be imposed upon them or any of them for injury to or death of persons, damage to
property as a result of, or arising out of, or in any manner connected with the
performance of the obligations under this construction agreement.
EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC
CONTRACTS. City is subject to the provisions of the Government Code and the Labor
Code of the State of California. It is stipulated and agreed that all provisions of law
applicable to public contracts are a part of this contract to the same extent as though
set forth herein and shall be complied with by CONTRACTOR. These include, but are
not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and
CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each
workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-
CONTRACTOR, for each calendar day during which such workman is required or
-16-
•
a
permitted to work more than eight (8) hours in violation of the provisions of Article
• Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as
permitted by law.
IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of
City, pursuant to Council action, and by CONTRACTOR on the date set before the name
of each.
CITY OF SAN JUAN CAPISTRANO
DATED: BY:
MAYOR
•
ATTEST:
Mary Ann Hanover, City Clerk
APPROVED AS TO FORM:
John R. Shaw, City Attorney
•
BY:
CONTRACTOR
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0
KNOW ALL MEN BY THESE PRESENTS, that we,
, as PRINCIPAL, and
as SURETY, hereinafter called Surety, are held and
firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called
City, in the sum of $ , for payment whereof Principal and Surety bind
themselves, their heirs, executors, administrators, successors, and assigns, jointly and
severally, fairly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has
submitted the accompanying bid dated , 19___, for the construction
of
City of San Juan Capistrano, Orange County, California.
for the
NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30)
• days after the opening of same, and shall, within fifteen (15) days after the agreement
has been presented to him for execution, enter into a written contract with the City in
•
accordance with the bid as accepted, and if the Principal shall give the required bond
with good and sufficient sureties, or sureties for the faithful performance and proper
fulfillment of such contract and for the protection of laborers and materialmen, or in
the event of the withdrawal of said bid within the periods specified, or the failure to
enter into said contract and give said bond within the time specified, if the Principal
shall within sixty (60) days after request by the City, pay the City the difference
between the amount specified in said bid and the amount for which the City may procure
the required work and/or supplies if the latter amount be in excess of the former, then
the above obligation shall be void and of no effect, otherwise to remain in full force and
virtue.
Further, as a part of the obligation secured hereby, and in addition to the face
amount specified therefor, there shall be included costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
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• ' •
• IN WITNESS WHEREOF, the above -bounden parties have executed this
instrument under their several seals this day of ___, 19_, the name and
corporate seal of each corporate party being affixed hereto and these presents duly
signed by its undersigned representative pursuant to authority of its governing body,
Two Witnesses (If Individual)
ATTEST (If Corporation)
Corporate Seal
ATTEST
•
Title
•
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Title:
BY:
Title:
-19-
PRINCIPAL
SURETY
9 0
• PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
•
That
as Principal, hereinafter called CONTRACTOR, and
as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San
Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of
Dollars for payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors, and
assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor has by written agreement dated
, entered into a (describe agreement): _
which contract is by reference made a part hereof;
NOW, THEREFORE, the condition of this obligation is such that, if Principal
shall promptly and faithfully perform said agreement, then this obligation shall be null
and void; otherwise it shall remain in full force and effect. Surety waives whatever legal
right it may have to require that a demand be made first against the principal in the
event of default.
BE IT FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition to the face
amount specified, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
• obligation, all to be taxed as costs and included in any judgment rendered.
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• 2. Said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or modification of the contract documents or of the work
to be performed thereunder, shall in any way affect its obligations or this bond, and it
does hereby waive notice of any such change, extension of time, alterations, or
modifications of the contract documents or of work to be performed thereunder.
Executed this day of 19 , at
California.
APPROVED AS TO FORM
•
PRINCIPAL
(NOTARIZATION AND SEAL)
SURETY
(NOTARIZATION AND SEAL)
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• .a
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
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 ably 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.
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• IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed by
the Principal and surety herein named on the day of
19 . The name and corporate seal of each corporate party being hereto affixed and
these presents duly signed by its undersigned representatives pursuant to authority of its
governing body.
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By
By
-23-
PRINCIPAL
SURETY
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•
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Prepared By: Office of City Attorney
San Juan Capistrano
7/29/85
LISTING OF SURETY COMPANIES
QUALIFYING UNDER SURETY BOND COMPANY RATING CRITERIA
The following surety bond companies are qualified to submit surety bonds to the City of
San Juan Capistrano. The criteria utilized in rating surety bond companies are:
A.M. Best Company Rating of "A";
U.S. Treasury Underwriting Limitation of $1,000,000.00 or more.
Use of any other surety company may only be allowed with approval of the City
Attorney.
AID Insurance Company
Aetna Casualty and Surety Company of Illinois
Aetna Reinsurance Company
Affiliated FM Insurance Company
Alaska Pacific Assurance Company
Allendale Mutual Insurance Company
Allstate Insurance Company
American Automobile Insurance Company
American Casualty Company of Reading, Pennsylvania
American Centennial Insurance Company
American Credit Indemnity Company
American Economy Insurance Company
American Indemnity Company
The American Insurance Company
American Manufacturer's Mutual Insurance Company
American Motorists Insurance Company
American Mutual Liability Insurance Company
American Re -Insurance Company
American States Insurance Company
Argonaut Insurance Company
Arkwright-Boston Manufacturers Mutual Insurance Company
Associated Indemnity Corporation
Atlantic Mutual Insurance Company
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• 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
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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
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• Listing of Surety Companies, Continued
Page Three
The Glens Falls Insurance Company
Global Surety & Insurance Co.
Globe Indemnity Company
Grain Dealers Mutual Insurance Company
Great American Insurance Company
Greater New York Mutual Insurance Company
Gulf Insurance Company
The Hanover Insurance Company
Harco National Insurance Company
Harleysville Mutual Insurance Company
Hartford Accident and Indemnity Company
Hartford Casualty Insurance Company
Hartford Fire Insurance Company
The Hawaiian Insurance & Guaranty Company
• Highlands Insurance Company
Highlands Underwriters Insurance Company
The Home Indemnity Company
The Home Insurance Company
Houston General Insurance Company
INA Reinsurance Company
ITT Lyndon Property Insurance Company
Imperial Casualty and Indemnity Company
Indemnity Insurance Company of America
Industrial Indemnity Company
Insurance Company of North America
Insurance Company of the West
Integrity Insurance Company
International Insurance Company
Iowa National Mutual Insurance Company
John Deere Insurance Company
Liberty Mutual Insurance Company
• Lumbermen Mutual Casualty Company
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• Listing of Surety Companies, Continued
Page Four
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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
is 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
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u
• 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
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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_
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CITY OF SAN JUAN CAPISTRANO
SLURRY SEAL OF CITY STREETS
• SPECIAL PROVISIONS
WORK TO BE DONE
The work to be done under this contract in general consists of the application of
approximately 505,000 square feet of slurry seal Type II to the following City streets:
the norther half of Via de Agua, Avenida Calita, Calle Dorado, Calle Don Carlo, Via La
Mirada, Calle Esperanza, Connemara Drive, Glenariff Lane, Shamrock Lane, Calle
Miramar, Avenida Pescador, Paseo Del Este, Calle Delgado, Camino La Ronda, Paseo
Labranza, Via Puentero, Via Estancia, Via Fiero, Via Rueda, Calle San Remo, Via
Montura, Paseo Corrales, Paseo Establo, Don Juan Avenue, Adres Pico Road, Ysidora
Street, Guadalupe Street, Spring Street, Avenida La Paloma, Avenida Padre, Avenida Los
Amigos. The work shall also include striping these streets following the slurry
application and all necessary traffic control.
SECTION 1 - STANDARD SPECIFICATIONS
The contractor shall perform his work in accordance with the Standard Specifications for
Public Works Construction, 1988 Edition, hereinafter referred to as the Standard
Specifications, The Contractor shall maintain a copy of this book on the job -site at all
times. Unless otherwise specified, errata and supplements to the Standard Specifications
shall be part of these specifications. The provisions of the Standard Specifications shall
be modified as indicated below:
• Change 1: Contract Termination
•
"If at any time, in the opinion of the Public Works Director, Contractor fails to
supply suitable equipment, an adequate working force, or material of proper quality,
or shall fail in any respect to prosecute any work with the diligence and force
specified and intended in and by the terms of the Contract, notice thereof in writing
shall be served upon him, and should he neglect or refuse to provide means for
satisfactory compliance with the contract, as directed by the Public Works Director,
within the time specified in such notice, the City in any such case shall have the
power to terminate all or any portion of the contract.
Upon receiving notice of such termination, Contractor shall discontinue said work or
such parts of it as the City may designate. Upon such termination, the Contractor's
control shall terminate and thereupon the City Council, or its duly authorized
representative, may take possession of all or any part of the Contractor's materials,
tools, equipment, appliances, and plant, and buy such additional materials and
supplies at the Contractor's expense as may be necessary for the proper conduct of
the work and for completion thereof; or may employ other parties to carry the
contract to completion, employ the necessary workmen, substitute other machinery
or materials and purchase the materials contracted for, in such manner as the City
may deem proper; or the City Council may annul and cancel the contract and re -let
the work or any part thereof. Any excess of cost arising therefrom over and above
the contract price will be charged against the Contractor and his sureties, who will
be liable therefor.
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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.
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
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Contractor shall have all utilities .3cated 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 9 - PRE -CONSTRUCTION COORDINATION MEETING
Prior to the commencement of construction, arrangements will be made for a meeting
between the Contractor, the Engineer, and involved utility representatives. The purpose
of this meeting is to coordinate the activities of the Contractor within the limits of this
contract, review scheduling, discuss construction methods and clarify inspection
procedures. The Contractor will be required to submit a complete schedule showing the
number of working days required to complete each phase of the project. This schedule
shall be approved by the City Engineer prior to the start of construction.
SECTION 10 - NOTIFICATION
The Contractor shall receive no direct compensation for notifying the public of the
construction work. Accordingly, these costs should be prorated to the appropriate bid
items.
Prior to two weeks before beginning any work, the Contractor shall notify all residents,
• businesses and agencies by an approved written notice detailing streets and limits of
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work to be done, parking and access restrictions, and the day, date and the hours of work,
which shall be between 8:00 a.m. and 4:00 p.m.
• Prior to 72 hours before beginning any work, the Contractor shall again notify all
residents, businesses and agencies by an approved written notice, detailing streets and
limits of work to be done, parking and access restrictions and the day, date and hours of
work, which shall be between 8:00 a.m. and 4:00 p.m. The Contractor shall also post all
streets 36 hours in advance of work with temporary "No Parking - Tow Away" signs at
100 foot intervals. These signs shall also state the day of the week, hours of no parking,
and Contractor's name.
•
•
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• CITY OF SAN JUAN CAPISTRANO
SLURRY SEAL OF CITY STREETS
DETAIL SPECIFICATIONS AND METHOD OF PAYMENT
BID ITEM l - MOBILIZATION
The Contractor shall allow the amount shown in the schedule of work under Item No. 1
for mobilization of equipment, bonds, insurance permits, interest and other miscellaneous
job costs.
PAYMENT
The lump sum price shall include all labor, tools, and equipment necessary for
mobilization. Compensation will be based on the lump sum price named in the schedule
of work items under Item No. 1.
BID ITEM 2 - SLURRY SEAL
1.01 Scope - Slurry seal shall consist of mixing asphaltic emulsion, aggregate, and water
and spreading the mixture on a surfacing or pavement where shown on the plans, as
specified in these specifications and the special provisions, and as directed by the
Engineer.
• 2.02 Materials - The materials for slurry seal immediately prior to mixing shall conform
to the following requirements:
2.02 (a) Asphaltic Emulsion - Asphaltic emulsion shall be cationic quick -setting type
conforming to the requirements for CSSIh grade under ASTM designation D2397,
"Cationic Emulsified Asphalt" except that the cement mixing test requirement shall
not apply.
2.02 (b) Water - Water shall be of such quality that the asphalt will not separate
from the emulsion before the slurry seal is in place in the work.
2.02 (c) Aggregate - Aggregate shall consist of sound, durable crushed stone or
crushed gravel and approved mineral filler. The material shall be free from
vegetable matter and other deleterious substances. Aggregates shall be 100%
crushed and no rounded particles. The percentage composition by weight of the
aggregate shall conform to the following grading:
PERCENTAGE PASSING
SIEVE SIZES TYPE II
3/8"
100
NO. 4
90-100
NO. 8
65-90
NO. 16
40-70
NO. 30
25-50
• NO. 200
5-15
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• Theoretical Asphalt content,
% Dry Aggregate 7.5-13.3
Approximately Application Rate
(Pound Per Square Yard) 10-15
The aggregate shall also conform tot he following quality requirements:
TESTS
Sand Equivalent
CALIF. TEST
217
ASTM TEST
D-2419
REQUIREMENTS
43 Min.
2.03 Proportioning - Asphaltic emulsion shall be added at a rate of from 11 to 25%. A
job mix design shall be submitted by the Contractor for approval by the Engineer that
conforms to the specification limits, and that is suitable for the traffic, climate
conditions, curing conditions and final use.
The slurry seal mixture shall be proportioned by the operation of a single start/stop
switch or lever which automatically sequences the introduction of aggregate, emulsified
asphalt, admixtures, if used, and water to the pugmill.
Calibrated sight flow meters shall be provided to measure both the addition of water and
liquid admixtures to the pugmill. If necessary for workability, a retarding agent, that
will not adversely affect the seal, may be used.
Water, and retarder, if used, shall be added to ensure proper workability and (a) permit
• uncontrolled traffic on the slurry seal no more than three (3) hours after placement
without the occurrence of bleeding, raveling, separation or other distress; and (b) prevent
development of bleeding, raveling, separation or other distress within seven (7) days after
placing the slurry seal.
If more than one kind of aggregate is used, the correct amount of each kind of aggregate
to produce the required grading shall be proportioned separately in a manner that will
result in a uniform and homogeneous blend.
Uniformity of distribution of asphalt will be determined by extraction tests in
accordance with California Test 310. The average bitumen ratio (pounds of asphalt per
100 pounds of dry aggregates) shall not vary more than five (5) percent above or below
the amount designated by the Engineer. This requirement shall apply to samples taken
from any location or operation designated by the Engineer.
2.04 Mixing - The slurry seal shall be mixed in self-propelled mixing machine equipped
with a continuous flow pugmill capable of accurately delivering and automatically
proportioning the aggregate, emulsified asphalt, water and admixtures to a double
shafted, multi -blade pugmill mixer capable of minimum speeds of 200 revolutions per
minute.
•
A minimum of two mixing machines shall be maintained on each project of a 12 cubic
yard or larger capacity. The slurry seal retention time in the pugmill shall be less than
three seconds. The mixing machine shall have sufficient storage capacity of aggregate,
emulsified asphalt, and water to maintain an adequate supply to the proportioning
controls.
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• The mixing machine shall be equipped with hydraulic controls for proportioning the
material by volume to the mix. Each material control device shall be calibrated,
properly marked, preset and lockable at the direction of the Engineer. The mixing
machine shall be equipped with a water pressure system and nozzle type spray bars to
provide a water spray immediately ahead of the spreader box.
The mixing machine shall be equipped with an approved fines feeder that provides a
uniform, positive, accurately metered, pre -determined amount of a mineral filler, if
used, at the same time and location that the aggregate is fed.
2.03 Spreading Equipment - The slurry mixture shall be uniformly spread by means of a
controlled spreader box conforming to the following requirements:
The spreader shall be capable of spreading a traffic lane width and shall have strips
of flexible rubber belting or similar material on each side of the spreader box and in
contact with the pavement to prevent loss of slurry from the box and the box shall
have baffles, or other suitable means, to insure uniform application on super -
elevated sections and shoulder slopes.
The rear flexible strike -off blade shall make close contact with the pavement and
shall be capable of being adjusted to the various crown shapes so as to apply a
uniform seal coat.
Slurry mixture, to be spread in areas inaccessible to the controlled spreader box,
may be spread by other approved methods.
40 2.06 Placing - The slurry seal shall not be placed if either the pavement or theair
temperature is below 13 degrees C (SSF) and falling, but may be applied when both the
air and pavement temperature is 7 degrees C (43F) or above and rising. The mixture
shall not be applied if high relative humidity prolongs the curing beyond a reasonable
time.
Before placing the slurry seal, the pavement surface shall be cleaned by sweeping,
flushing or other means necessary to remove all loose particles of paving, all dirt and all
other extraneous materials.
In view of the driving requirements as well as road accessibility, no slurry seal shall be
applied after 1:30 p.m.
Notification of affected residents will be done two weeks prior to construction and again
72 -hours prior to construction, as delineated in Section 10 of the Special Provisions.
Immediately before commencing the slurry seal operations, all surface metal utility
covers (including survey monuments) shall be protected by thoroughly covering the
surface with an appropriate adhesive and oiled or plastic paper. No adhesive material
shall be permitted to cover, seal or fill the joint between the frame and cover of the
structure. Covers are to be uncovered and cleaned of slurry material by the end of the
same work day. Hand tools shall be available in order to remove spillage. Ridges or
bumps in the finished surface will not be permitted. The mixture shall be uniform and
homogeneous after spreading on the surface and shall not show separation of th emulsion
41 and aggregate after setting.
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Adequate means shall be provided to protect the slurry seal from damage from traffic
until such time that the mixture has cured sufficiently so that the slurry seal will not
• adhere to and be picked up by the tires of the vehicles.
After curing, the pavement and adjacent areas such as gutters shall be cleaned by
sweeping or other means necessary to remove all loose materials.
PAYMFNT
The unit price per square foot for slurry seal shall include full compensation for
furnishing all labor, materials, tools, equipment and incidentals and for doing all the work
involved in the furnishing and placing the slurry seal complete in place, including
cleaning the surface and protecting the slurry seal until it has set, and cleaning the
surface after curing, all as shown on the plans, as specified in these specifications and as
directed by the Engineer, and no additional compensation shall be made.
BID ITEM 3 - PAVEMENT MARKINGS
The work for this item shall consist of placing the pavement markings shown on the plans
as specified.
PAYMENT
The lump sum price for this item shall include all labor, materials, tools, equipment and
incidentals to provide pavement markings as specified and no additional compensation
shall be made.
ABID ITEM 4 AND 5 - STREETSWEEPING
The work for these items shall consist of sweeping all slurried streets seven and fourteen
days respectively after slurrying to remove all loose materials.
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PAYMENT
The lump sum price for these items shall include all labor, materials, tools, equipment
and incidentals to sweep and remove all loose material and no additional compensation
shall be made.
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