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1987-0303_VALLEY SLURRY SEAL COMPANY_Contract*7,-123635 EXEMPT C8 RECORDED AT THE REQUEST ECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto Mary Ann Ha er, City Clerk San Juan Capistrano, CA 92675 City of San JVan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Valley Slurry Seal, P.O. Box 26132, Sacramento, CA 95826, for the performance of the following work: CONSTRUCTION OF THE SLURRY SEAL OF MISSION HILLS DRIVE That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 3rd day of March ,1987, by Resolution No. 87-3-3-1 That upon said contract, the Great American Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 3rd day of March , 1987. -Mary Ann o r, City Clerk City of Saff Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 3rd day of March , 1987. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -2 so PM MAR 6 '87 COUNT/ RECORDER Mary Ann HV6ver, City Clerk City of San'Juan Capistrano f1 CONTRACT 40 "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 15 HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 1985 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and compiete in good and workmanlike manner the construction of SLURRY SEAL OF MISSION HILLS DRIVE 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 Hail, 32400 Paseo Adeianto, San Juan Capistrano, California. THIRD. PAYMENT. Cite 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 t egin and complete the work within the time specified in the Notice Inviting -14- -17- 0 0 Staff was authorized to release the 10% retention 35 days after recording the Notice of Completion. APPROVAL OF PLANS AND SPECIFICATIONS - SLURR s set forth in the report dated March 3, 1987, from the Director of Public Works, th pians and specifications for the slurry seal of various City streets in the AguCate area and in the Casitas, Casas Capistrano and Las Brisas developments, were proved. Staff was authorized to solicit bids for the project. The Engineer's estimat for the project was $71,000; funds in the amount of $55,000 remained in Account o. 12-6900-4710-117. The balance of the project will be funded from Account Nq. 12-6900-4710-119. This was the last in the series of street maintenance rojects which utilized the $196,500 provided from Senate Bill 300 funds. 7. APPROVAL OF PLP,NS AND SPECIFICATIONS -DEL OBISPO STREET As set forth in the rep rt dated March 3, 1987, from the Director of Public Works, the plans and specificat� ns for construction of the Del Obispo Street/Camino del Avion Traffic Safety Proj t were approved. Staff was authorized to solicit bids for the project. Award of the d was tentatively scheduled for the Council meeting of May L9th, with construction o begin in June, 1987. The construction costs were estimated at $495,000, which ' cluded design and construction engineering costs, contingency costs, and the cons uction contract. The County will reimburse the City 50%, or $105,000 of all eligib costs (excluding all landscaping/irrigation; curb, gutter and sidewalk on Camino D Avion; screen walls, and retaining walls to protect existing trees) through its A erial Highway Financing Program. The City will finance $390,000; the funds are ava able and budgeted in the project account. 8. DENIAL OF CLAIM FOR PROPERTY DAMAGE (GERALD P As set forth in the report dated March 3, 19 from the City Attorney, the Claim for property damage sustained when a street tr 'ted along the Ortega Highway fell into the back yard of a home located at671 Paseo Barona, was denied as submitted. PUBLIC HEARINGS EST TO CONSOLIDATE LOTS LOCATED AT 27351 AND 2737 This Hearing was continued from the meeting of February 17, f�87. Written Communications: Report dated February 17, 1987, from the Director of Cornty Planning and Development, and resubmitted March 3, 1987. -4- 3/3/87 1. APPROVAL OF WARR The Lis of Demands dated March 3, 1987, Warrant Nos. 2,089-2,250 in the total amount of 12,853.14, was approved as submitted. 2. REPORT OF PAiTKS AND RECREATION COMMISSION ACTIONS (920. The Report dated Mar 3, 1987, from the Secretary of the Parks and Recreation Commission, regarding a ons taken at the meeting of February 17, 1987, was ordered received and filed. 3. REPORT OF PLANNING COMMIS ON ACTIONS (440.40) The Report dated March 3, 1987, from he Secretary of the Planning Commission, regarding actions taken at the meeting o ebruary 24, 1987, was ordered received and filed. 4. AMENDMENT TO LOCAL CONFLICT OF INTERE CODE - DESIGNATED POSITIONS 640.40 As set forth in the report dated March 3, 1987, from the Cit Clerk, Appendix "A" to the Local Conflict of Interest Code was approved as amended t include the position of Field Services Supervisor on the list of designated employees. 5. COMPLETION OF SLURRY SEAL OF MISSION HILLS DRIVE > VALLEY SLURRY SEAL 600.30 As set forth in the report dated March 3, 1987, from the Director of Public Works, the slurry seal of Mission Hills Drive was completed. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 87-3-3-1 URRY T T --a JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE SLURRY SEAL OF MISSION HILLS DRIVE The Resolution accepted the work as complete in the amount of $14,796.06, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Payment status was as follows: Total Project Cost $14,796.06 Less 10% Retention 1,479.61 Less Previous Payment 13,316.45 Amount Due 0.00 -3- 3/3/87 AGENDA ITEM TO: FROM: SUBJECT: SiTIIATTON E March 3, 1987 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works Resolution, Notice of Completion and Final Report - Slurry Seal of Mission Hills Drive (Valley Slurry Seal) The construction of the Slurry Seal of Mission Hills Drive in the City has been completed to the satisfaction of the City Engineer and is ready for acceptance by the City Council and recordation of a Notice of Completion with the County Recorder. NOTIFICATION Valley Slurry Seal COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not Applicable. FINANCIAL CONSIDERATIONS The original contract price was for $14,796.06 and the project was completed at this price. The City budgeted $60,000 in account #12-6900-4710-119 for Preventive Street Maintenance and sufficent funds are still available. The current payment status is as follows: Original Contract Price $14,796.06 Total Project Cost $14,796.06 Less 10% Retention 1,479.61 Total Due to Date $13,316.45 Previous Payment $13,316.45 Amount Due $-0- ALTERNATE ACTIONS 1. Accept the improvements. 2. Do not accept the improvements. 3. Refer to Staff for additional information. 1 l�A' FOR CITY COUNCIL AGsENilA�. . F-� .5 Agenda Item March 3, 1987 Page 2 RECOMMENDATION 0 By motion, determine that the work for the Slurry Seal of Mission Hills Drive 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. Authorize Staff to release the 10% retention thirty-five (35) days after the recordation of the Notice of Completion. Respectfully submitted, L) L Z_>-/'_� W. D. Murphy WDM/BP:kjs 0 RESOLUTION NO. 87-3-3-1 COMPLETION OF THE SLURRY SEAL OF MISSION HILLS DRIVE 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 THE SLURRY SEAL OF MISSION HILLS DRIVE WHEREAS, on the 4th day of November 1986, the City of San Juan Capistrano entered into a contract with Valley Slurry Seal for the Slurry Seal of Mission Hills Drive; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does resolve as follows: SECTION I. 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 $14,796.06. 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 of March 91987. KE� HH E"� t Ow ATTEST: A ITY CLERK ` � �`-- 1 3rd day STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 87-3-3-1 adopted by the City Council of the Cit of San Juan Capistrano, California, ata regular meeting thereof held on the 3r( Of March 1987 b the following vote: day AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None (SEAL) �� MA-L—� ANOVER, ITY CLERK - 2 EXECUTED IN TRIPLICATE PERFORMANCE BOND Bond No. 027 94 68 Premium $89.00 KNOW ALL MEN BY THESE PRESENTS: That Valley Slurry Seal Company _ as Principal, hereinafter called CONTRACTOR, and Great American Insurance Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Fourteen Thousand Seven Hundred Ninety Six and 06l100ths---- 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 November 4, 1986 , entered into a (describe agreement): Slurry Seal of Mission Hills Drive 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, includingreasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -20- E u 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 17th day of November , 19 S6 , at San Francisco . California. APPROVED AS TO FORM F� WOTW (NOTARIZA AND SEAL) Preefdeet SURETY Great American Insurance Company L�- / Sheila O'Connor, Attorney -in -Fact (NOTARIZATION AND SEAL) -21- STATE OF CALIFORNIA COUNTYOF...Sac.rame.n.to as. �awdery's Form No. 27 — Acknowledgement to i10Public — Corporation — (C. C. Secs. 1190, (Rev. 1/83) On this....?.8 th..,,,.dayof.. November in before me, Cdr.O1.e year. .An.n.. I _...Whi [mars h .... a Notary Public, State of C li ornia, duly licensed and sworn, personally appeared ................................... . re -Y ..Reed........ .......... Personally known to me (or proved to me on the basis oCsatisfacta ..................... who executed the within instrument as ... P. r.eS i dent...ry epi. .... be the person or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in th6.ta to ..of.. Calif..., County of.Sacramento .......... date set forth above in this mate .... .. .... on the Notary Public, State of California My commission expires of- °mir °O`m'"a' •nr..ne.enwwnrwvw.wr�o+vrsn.d::>wawmen.m.sw•u�le a, m. w.:. .m•r.. :u+•rein a.w nw+.:n or m. State of California, ) SS. County of San Francisco ) On this 17th day of November , in the year 1986 > before me, a Notary Public personally appeared Sheila O'Connor known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -In -Fact of Great American Insurance Company , and acknowledge to me that bet (she) subscribed the name ofGreat American Insurance Company thereto as Surety, and h2w (her) own name as Attorney In Fact. Notary Public W Ja tLC l€' tN7411, �" S 1 � ., 1/FUn , C / nu Cru,.•. 1 FRAM Il VF J�•�w"1- M o . sWq r r 1_ <, tj6t3 Notary Public W 0 EXECUTED IN TRIPLICATE LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That 0 Bond No. 027 94 68 Premium Included in Performance Bond. 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 at Mission Hills Drive :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 Great American insuranceompany , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Fourteen Thousand Seven Hundred Ninety Six and 06/100ths---DOLLARS ($14,796.06), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligaltion, all to be taxed as costs and included in any judgment rendered. -22- 0 IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 17th day of November 19 86 . 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 Valley By WrK�C1 KyL-- '�. fiR�t Great American Insurance Company SURETY i By z -23- Sheila O'Connor, Attorney -in -Fact State of California, ) SS. County of San Francisco ) On this 17th day of November , in the year 1986 , before me, a Notary Public personally appeared Sheila O'Connor known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -In -Fact of Great American Insurance Company , and acknowledge to me that blm (she) subscribed the name ofGreat American Insurance Company ,,,,,,,,.jt,e_rre,t4.,17„AJ rrgt d r U (her) own name as Attorney In Fact. JOYCE 46w !'1-.4'r1Fr K. Notary Public STATE OF CALIFORNIA as. COUNTY OF .... Sacramento.. Cowdery's Form No. 27 — Acknowledgement to Notary Public — Corporation — C. C. Secs. 1190, 1190.1) — (Rev. IJ83) On this ... ...lath....day of. November ............ intheyear..19&6.. , before meCarol. Ann I,--Whi-tmare-h..... a Notary Public, State of California, duly licensed and sworn, personally appeared ............................................. ......... 3 of f rey ..Reed ..... ................................. I ................ I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as .. Pr es i dent ............................"' or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in tlgtate---o€--Ca 1i€, County ofc&acramen't o ..................... on the date set forth above in this o6aficate. �� n �� 49"`.`-(// Notary Public, State of California My commission expires Pin nnimnl ism a panes lural wFM may a q rbr um in umcevanfacnde anc in nowb ads. a U IaanE WU .0 a au Mdi bUn,, erica an pift a.nwcries«co'a nes rash" a..Ay.'illlw nemaaryW,..bm.w+wWlra.ry awYmdn. awaEMvauwalvllw In.m I GUAY ANER.ICAI INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than POWER OF ATTORNEY No. 0 13037 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. J. M. Albada Name Cynthia L. Lewis Kevin W. McMahon Terry J. Moughan Sheila O'Connor Jack M. Woodruff, Jr. John R.-Lamberson Frank M. Hagan H. J. Trainor Address All of San Francisco, CA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. Limit of Power All Unlimited IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 8th day of August ,19 85 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss On this 8th day of August, 1985 , before me personally appeared ROBERT M. SCHUDER, to me known, being duly -sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or anv one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, KAREN HOLLEY HORRELL, Secretary of the Great American Insurance Company, do hereby certify that the Ibregumg Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full furce and effect. Signed and sealed this 17th day of November , 19 86 5 10291 (8/931 Juan 177b November 6, 1986 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. OUCH HEIM KENNETH E. FRIESS GARY L. HAUSOORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Valley Slurry Seal P. O. Box 26132 Sacramento, California 95826 Re: Award of Contract - Mission Hills Drive Slurry Seal Project (Valley Slurry Seal) Gentlemen: The City Council of the City of San Juan Capistrano at their regular meeting held November 6, 1986, awarded the contract for the Mission Hills Drive Slurry Seal Project to your company at $14,796.06. Enclosed is a fully executed copy of the Agreement for your records. Also enclosed are copies of bond forms to be used. These forms must be used in order for them to be accepted by the City. Please provide all required bonds and insurance within 15 days. If you fail to furnish said bonds and certificates of insurance within 15 days from the date of this Notice, the City will be entitled to consider all your rights arising out of the City's acceptance of your bid to be abandoned and as a forfeiture of your Bid Bond. The City will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award. Please note pages 15 and 16 of the Agreement which cite the City's requirements for bond and insurance amounts. The City is also to be named as an additional insured pursuant to the Standard Specifications for Public Works Construction. These requirements must be met as stated before the contract is effective. Thank you for your cooperation. If 1 can be of any help to you, please do not hesitate to call. Very truly yours, / MARY ANN' ANOVER, CMC City Clerk MAH/mac Enclosures cc: Director of Public Wor Director of Administra e Servi i Receipt of th re i Notice ofJisherea nowledged: By This day &AD(% , 1986. 32400 PASEO ADELANTO, S IN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 • • It wa Ll,,oved by Councilman Hausdorfer, seconded by Councilman Schwartze, and unanimou carried to form an Ad Hoc Commercial Vehicle Enforcement Program Committee c posed of a Member of the City Council, a tlember of the Traffic and Transportation mission, and representatives of the Sheriff's Department and the Public Works Depar ent. Mayor Friess will attend th2 first meeting. CONSENT CALENDAR It was moved by Councilman Haus er, second5od by Councilman Buchheim, that the staff recommendations be accepted the ,following items listed on the Consent Calendar. The motion carried by the follow ote: AYES: Councilmen Schwartz,E; Blan , uchheim Hausdorfer, and Ma){or Friess NOES: None ABSENT: None 1. ARPROVAL OF W The L' Demands d ed October 22, 1986, Warrant Nos. 1,072-1,210, in the total a unt of �,4z.4A, was approved as submitted. 2. REPORT OF PND RECR€A-MN COMMISSION ACTIONS (920.201 TheReport_ d ed Nove er Recreation ommission, re 1986, was or red received and 3. REPORT PLANNING COMM 4. The Rport dated November Com ssion, regarding actions orderAd received and filed. 4, 1986, from the Secretary of the Parks and ling actioris taken at the meeting of October 20, 4, 1986,fr the Secretary of the Planning taken at the eting of October 28, 1986, was �NSPORTATION COMM, ON ACTIONS (590.20) /Che Report dated November 4, 1986, from the Secretary the Traffic and Transportation Commission, regarding actions taken at the meet i sof October 8 and October 22, 1986, was ordered received and filed. ----;�>5. AWARD OF CONTRACT - MISSION HILLS DRIVE SLURRY SEAL PROJECT VALLEY SLURRY SEAL 600.30 As set forth in the report dated November 4, 1986, from the Director of Public Works, the contract for the Slurry Seal of Mission Hills Drive and related streets was awarded to Valley Slurry Seal Company, Inc., of Sacramento, in the total amount of $14,796.06; all other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. -3- 11/4/86 0 0 AGENDA ITEM November 4, 1986 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract - Mission Hills Drive Slurry Seal Project (Valley Slurry Seal) SITUATION Bids have been received for the slurry seal of Mission Hills Drive, Lariat Circle, Canyon Crest Road, Outpost Road, Silver Spur Road and Branding Iron Road in the City. The contract documents require that a twelve foot width shall be available for traffic at all times for the full length of Mission Hills Drive to mitigate access problems for the area. Bids were received as follows. Valley Slurry Seal Co. Inc. Pavement Coatings Roy Allan Slurry Seal $14,796.06 $15,645.67 $15,742.10 Staff is recommending award of contract for the project to the low responsible bidder Valley Slurry Seal Co. Inc. NOTIFICATION All residents will be notified seventy-two hours before slurry seal operations begin by written notice detailing streets and limits of work to be done and the hours of work which shall be between 8 a.m. and 4 p.m. Streets shall also be posted 36 hours in advance of work with temporary "No Parking - Tow Away" signs at 100 foot intervals. These signs shall also state the day of the week, hours of no parking, and Contractor's name. COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is $12,000. The City budgeted $60,000 in account #12-6900-7410-119 for Preventive Streets Maintenance in 1986-87 and sufficient funds are available for this project. Staff is recommending award of contact even through it exceeds the Engineer's estimate. zf:3 Agenda Item • • November 4, 1986 Page 2 ALTERNATE ACTIONS 1. Award the contract for the slurry seal of Mission Hills Drive. 2. Do not award the contract. 3. Request further information from staff. RECOMMENDATION By motion, award the contract for the slurry seal of Mission Hills Drive, Lariat Circle, Canyon Crest Road, Outpost Road, Silver Spur Road and Branding Iron Road to the low responsible bidder Valley Slurry Seal in the amount of $14,796.06 and reject all other bids'6 Authorize the Mayor and City Clerk to execute the documents on behalf of the City. Respectfully submitted, W. TJ. Murphy WDM/BP/kjs LARIAT CIRCLE Q� 1 200' CO V Z` 40' STA. 23+07.93 to 45+86.70 VARIES .156'TO 40' STA. 20+08.17 to 23+07.93 EXCLUDING LARIAT CIRCLE 22' 12 22' I STA. 9+80.83 to 20+08.17 1 CITY OF SAN JUAN CAPISTRANO I MISSIONSLURRY SE DRIVE 12131 1'm 200' STA. 23 07.93 to 45 86.70 I CANYON CREST ROAD OUTPOST ROAD SILVER SPUR ROAD BRANDING IRON ROAD ST 1 CITY OF SAN JUAN CAPISTRANO I MISSION HILLS DRIVE 13/3 0 a B I D O P E N I N G R E P O R T Bids opened October 6. 1986 at 2:00 am/pm Project Title Slurvv Seal for Yission Hills Drive Project Engineer Brian Perry Pre -Bid Estimate $12,000 Bid Bid Bidder: Amount Bond 1, VALLEY SLURRY SEAL CO. 2. PAVEMENT COATINGS CO. �4C G YC!r t __ef O 4. 5. 6. 7. 8. 9. 10. cc: City Clerk's Staff (3) Signed / (, Public Works (3) City Manager (1) Dated /a/b�,(2 The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. Item 1 r, 0 SCHEDULE OF WORK ITEMS SLURRY SEAL OF MISSION HILLS DRIVE Approximate Work Items With Unit Price Quantity (Written in Words) L.S. Mobilization for the lump sum price of 71}(I Pi 64.> ,,yp �-- dollars. 220,900 SF Slurry Seal for the unij price of 'F1Jam—Rr.�r> 3Mon dution per sq. foot. Total Bid Price (enter here and on Page 3) (S. 40 Unit Price (In Figures) Total Amount $ D. 053 $ /I "19(� ok $ Figures 0 0 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ss. County of being first duly sworn deposes and says that he is of _ �\fig 5���� f\j the party making the foregoing bid -,-that such bid is not ade 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 fee in connection therewith, to any corporation, partnership company, a717 ation, organization, bid depository, or to any member or age t thereof, or toother individual except to any person or persons as have a p r rshiyfj or otheancial interest with said bidder in this general business. DATED: k 0- ;,)- $1 0 ai��uKtj JEFFREY REED �� ,� President On this the Y� day of-�tXL1 ��/� , 19 befo a me, the undersigned, a Notary Publrii`cr ti -n and for said State, personnally appeared �f��f•t'i'OAf 7slJr� personally known to me/proved to me' on the basis of satisfactory evidence, to be the person(s) whose names) I-5 subscribed to the within instrument, and acknowledged that kL- executed it. OIIICIAI �[AL CAROL ANN I. WHITMARSH �w NOiApi CALWMMA WITNESS my hand and official seal. �0p�1ry;y All' COIMit AK 11, I== Notary Public in and for said State -7- 0 9 DESIGNATION OF SUB -CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the following listed sub -contractors in making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub -Contractor Address Phone No. 1 , ti9r�J 2. 3. 4. 5. 6. 7. 8. D it BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, VALLEY SLURRY SEAL COMPANY , as PRINCIPAL, and GREAT AMERICAN INSURANCE COMPANY as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called THE EN PERCENT (10%) OF City, in the sum of $ THAMOUNT BIL, 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 OCTOBER 3 , 19 86 , for the construction of Slurry Seal of Mission Hills Drive for the City of San Juan Capistrano, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (15) days after the agreement has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -18- IN WITNESS WHEREOF, the above -bounden parties have executed this Instrument under their several seals this 3RD day ofOSZOB x1986 .� the name and corporate seal of each corporate "party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority oVs governing body. Two Witnesses (If Individual) ATTEST (If Corporation) Corporate Seal ATTEST Title GREAT AMERICAN INSURANCE COMPANY SU ETY i BY: v Lit d jj ATTORNEY-IN-FACT -19 State of California, ) SS. County of San Francisco ) On this 3rd day of October , in the year 1986 before me, a Notary Public personally appeared SHEILA O'CONNOR known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -In -Fact of GREAT AMERICAN INSURANCE COMPANY , and acknowledge to me that he (she) subscribed the name of GREAT AMERICAN INSURANCE COMPANY i thereto as Surety, and his (her) own name as Attorney In Fact. A ) , Notary Public STATE OF CALIFORNIA On this ..... 1.3th ......... day of ........ OCtOber jotheyear...1.98.6 ........... as.........................................................................before me, COUNTY OF...SacY,amento......... ........Carol. Ann„I ...Wh.itmarsYl a Notary Public, State of California, duly commissioned and sworn, personally appeared ........... .. ..... ............. ..,,Jeffrey. Reed ........................................................ ved is isfae) t personally known to me (or proto me on the basof satctory evidence) be the person.... whose name....:? S ................................................. subscribed to this instrument, and acknowledged that .... he .... executed it. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal inthe..State„of.,California............. ................. County Of ........Sd.C.zame, to„ ..... ......... ....... . on the date set forth above in this certificate. r niaemnw.a«+r.a.«ram,.+.m m,ya„w,r aruw a,sswo-rs. mis Wam W .w,cs, «..r,we a a. e. sE,d,n ar ea.a•ce «,...nmr. m. ww« a.w n« Notary Public, State of California suw.eiiry a e,.r ams n sry e,.axc n ri«,. My commission expires Cowdery's Form No. 32 — Acknowledgement to Notary Public — Individuals — (C.C. Sec. 1189) — (Rev. 1/83) GZEAT ANERICAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No. 0 13019 TEN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attomey-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name J. M. ALBADA CYNTHIA L. LEWIS KEVIN W. McMAHON TERRY J. MOUGHAN SHEILA O'CONNOR JACK M. WOODRUFF,JR. JOHN R. LAMBERSON FRANK M. RAGAN H. J. TRAINOR JOHN MALOR20, JR. Address ALL OF SAN FRANCISCO, CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. Limit of Power ALL UNLIMITED IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 10th day of January ,19 85 Attest STATE OF OHIO, COUNTY OF 11AMILTON — ss: GREAT AMERICAN INSURANCE COMPANY Vice i"C'%jew On this 10th day of January, 1985 , before me personally appeared ROBERT M. SCHUDER, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -/n -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, KAREN HOLLEY HORRELL. Secretary of the Great American Insurance Company, do hereby certify that the fureaoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full furce and effect. Signed and sealed this 3rd day of October 1986 51029! )8/83) Lf :CATHY 71tLASKO This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -/n -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, KAREN HOLLEY HORRELL. Secretary of the Great American Insurance Company, do hereby certify that the fureaoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full furce and effect. Signed and sealed this 3rd day of October 1986 51029! )8/83) Lf 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: September 11, 18, 1986 I declare under penalty of perjury that the foregoing is ture and correct. Executed at Mission Viejo, Orange County California,this ..18.... dayof. SeAt 19 .. 8.6.... !H� ...................... . 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 P.FCFIu`_P S:P 22 21 11 PI! 'Q9 Proof of Publication of NOTICE INVITING BIDS ............................................ NMI(% INVITING BIDS NttSB1UN 11Lt tiUtt1VM: Nutirr It IMOdy lyw•n tbM Ihr city atioliJlooi ItaidM,00,wi llrr rrirr m•a1M imduuol, or bid, for IW Slurry Wul for Ni,xlon Ilill, I )rirr uldil 2M Jim, na thr I(Ih ih,y or. OrWkIY, IM, A pn• Idd; rudrrn•nr.• i, ,rhe Aulyd M toolt AM. pry tM. gill. Any or sWeWiN•r, INS, -at Ikr City oRrtw W 318.1x1 MIdFpC4g,, colnrk of IMxux'anil S1xrirlra 66m fire on flir IB IBr.offit,• orlhr City t:hrkor. JWn/IIWIAfnlllp 92Ukmu 1 fx,luc •I+4�y .Sax J. Cdl,ixlrifio,.11, oru art'i,44 In• Wdninrd al Ill. uoal rrrundxllr rharltr'ofWit% p(nx a rk m. or �.Up Wr rmk xM or plan, aml Sp• IM4•d: SI•Idl•mWr 4, ION AIAIIY ANN IIANOVlat ,ITYYdk:a6 c1TV ID•NAN JIIAN CAIMSrItANo- INIANOV MUNTY, CAI4loMNIA It. Iyb11MuH:IIt, K III, HMtl"VxiMyliwx. .L' •id�rollMY .' '' 0 0 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO- CAPISTRANO VALLEY NEWS Jody Kolar, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: PROOF OF PUBLICATION: THURSDAY, SEPTEMBER 11, 1986 THURSDAY, SEPTEMBER 18, 1986 NOTICE INVITING BIDS - SLURRY SEAL FOR MISSION HILLS DRIVE Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 AUTHORIZED BY: DATE: September 4, 1986 i Date of Bid Opening -10/6/86 Date (s) notice published - 9/11/86 - 9/18/86 Date affidavit received - Date notice posted in designated posting places (3) - 9/11/86 v 0 NOTICE INVITING BIDS SLURRY SEAL FOR MISSION HILLS DRIVE Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Slurry Seal for Mission Hills Drive until 2:00 P.M. on the 6th day of October, 1986. A pre-bid conference is scheduled at 10:00 A.M. on the 29th day of September, 1986, 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: September 4, 1986 CITY CLERK /// - CITY OF SAK JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA 0 0 SLURRY SEAL FOR MISSION HILLS DRIVE NOTICE INVITING BIDS Public notice is hereby giver. that the City of San Juan Capistrano will, up to 2:00 p.m., on the 6th day of October 1986, receive sealed proposals or bids for the Slurry Seal of Mission Hills Drive in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public N orks Construction, 1985 Edition, including all supplements therefor, on file in the office of the City Clerk of the Cite 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 291h day of September 1986, at the City offices. The contractor shall have the opportunity for clarification orinterpre- tation of an} 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 000%5 of the contract price. The surety bond company must be selected from among the surety companies set forth in the surety list provided herein. 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 this / day of CITY CLERK CITY OF SAN 4CAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- 67CC, 3,�) CALL FOR BIDS - As set forth in the report dated August 19, 1986, from the Director of Public works, the plans and specifications were approved for the slurry seal of Mission Hills Drive, Lariat Circle, Canyon Crest Road, Outpost Road, Silver Spur Road and Branding Iron Road; and, staff was authorized to call for bids. The Engineer's estimate for the project was $12,000; funds were budgeted in Account No. 12-6900-4710-119. k�1946 AGENDAITEM TO: FROM: SUBJECT: SITUATION 0 August 19, 1986 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works Plans, Specifications and Call for Bids - Mission Hills Drive Slurry Seal Project Staff is requesting approval of plans and specifications and authorization to receive bids for the slurry seal of Mission Hills Drive, Lariat Circle, Canyon Crest Road, Outpost Road, Silver Spur Road and Branding Iron Road in the City. The contract documents require that a twelve foot width shall be available for traffic at all times for the full length of Mission Hills Drive to mitigate access problems for the area. NOTIFICATION All residents will be notified seventy-two hours before slurry seal operations begin by written notice detailing streets and limits of work to be done and the hours of work which shall be between 8 a.m. and 4 p.m. Streets shall also be posted 36 hours in advance of work with temporary "No Parking - Tow Away" signs at 100 foot intervals. These signs shall also state the day of the week, hours of no parking, and Contractor's name. COMMISSION/BOARD REVIEW, RECOMMENDATIONS NIA FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is $12,000. The City budgeted $60,000 in account #12-6900-4710-119 for Preventive Street Maintenance in 1986-87 and sufficient funds are available for this project. ALT&RNATE ACTIONS 1. Approve the plans and specifications and authorize staff to receive bids. 2. Do not approve the plans and specifications. 3. Request further infor ation from Staff. �} t�/ 3 AGENDA ITEM • August 19, 1986 Page Two RECOMMENDATION By motion, approve the plans and specifications for the slurry seal of Mission Hills Drive and authorize Staff to receive bids. Respectfully submitted, L'.2' ;� . �r'Q'j W. D. Murphy WDM/BP:ak 0 BID PROPOSAL For the: SLURRY SEAL FOR MISSION HILLS DRIVE To the Honorable City Council City of San Juan Capistrano Gentlemen: 0 From: VALLEY SLURRY SEAT. COMPANY, INC. 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, 1985 Edition, including all supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: cti- a aF— 5 $_ Words Figu es 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 one forty-five (45) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. The estimated quantities of work indicated in the proposal are approximate only being -3- given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is BIDDERS BOND (Insert "$ cash", cashier's check, certified check or bidder's bond, 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: tGr lgrmrkc, ,Y-\ 1rv-:�, On - Orjfrrry\ dark Licensed in accordance with an act providing for the registration of contracjaf� -- License No. UC. #293727 A I � n // of -4- JEFFREY REED President is 3-19-87 GIDW .: S. '::CW..BI', H11hIES, R40. 1101 - SIF. STREET MODES O, CA 95354 TEL: (2C''1 525-3110 INDUSTRIAL INDEMNITY VALLEY SLURRY SEAL CO. P.O. BOX 26132 t SACRAMENTO, CA 95826 t -4111N, wily Jr !.. %N° n: THIS:I- 1.JER` il_ LOf,NE.UF,0, -E 1161 ELLO i sI, '"CT- �'RA '� .AME; li 6.:- ='ri' 7Y PERIOD INDICA TED. NOTW,'IHSTAN, .!`V ,-IRc!C_PT TERi,: 3R CDH I^'ION0 A. Y( 'POTHE•�E3CI '. "V,T. � -] ,III H THIS CERTIFICATE MAY BE ISSUE?OP1 'F!! -TA 'v -HI' I,SJPL Nr' I, 1 FFORD' 5EYTP PC.IC.'P- 14Sl'. DHFi,- - ' CCTT 1 -CRI,5 F>:fI.USIGW£ ANDCONDI, TIONS OF SUCH [:; -_-- ..0 I. TPI T)=` Ci POC - Ir'6EF - . n.,c .' „ AI ...'A"', IN THOUSANDS-- GENERAL LIAB - -- -_ _— I I OD A ] J SP 884 0656 3-15-87 1 3-15-88 ._]00.0_ 50 - AUTOMOBILE L f ILI I Y - - - -! r A 2on' 41 Al mC - 1111 XXI SP 884 0656 3-15-87 3-15-88F n< �L - — N0r oo."ED GAHA3E LIAB..' r „AA.� 5 .•,; EXCESS LIABILI Y rte" E6" c �I � z�Taaeuc[ F UTHER THAN l,','6RFI _A FURI.1 = T,. TOR WORKERS' COMPENSATION , --__ '""• ✓ -"n'' l: (EACH AC OE3_ AND EMPLOYERSiLIA•BIUTY N — GC" Zen 4A1,0ISE-EACH EMPLOYEE, OTHER0 q j C2 L DESCRIPTION OF OPERATIONS) LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS �- --_ 03 ALL OPERATIONS PERFORMED BY THE NAMED INSURED RE: JOB #86136 v FUTHORIZED F THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX, CITY OF SAN JUAN CAPISTRANO E THEREOF. THE ISSUING COMPANY WILL �{ xxgvxx% 32400 PASEO ADELANTO S WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN JUAN CAPISTRANO, CA 92675 Mn"lXX% fAAAI j#%K� X Jt*I( J( �lyjm �3WPRb(�Cf(�38M1t�tiP119N7(9(FX�€f( PRE:SE,ITf.1,YIF - GL 20 10 (Ed. Ol 733 ) This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective 3-15-87 Policy No. SP 884 0656 Endorsement No. Named Insured Valley Slurry Seal Co. Countersigned by (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE ADDITIONAL INSURED (Owners or Lessees) It is agreed that: 1. The "Persons Insured' provision is amended to include as an insured the person or organization named below but only with respect to liability arising out of operations performed for such insured by or on behalf of the named insured. 2. The applicable limit of the company s liability for the insurance afforded under the Contractual Liability Insurance Coverage Part forming a part of this policy shall be reduced by any amount paid as damages under this endorsement on behalf of the person or organization named below. Name of Person or Organization (Additional Insured) City of San Juan Capistrano GL 20 10 01 73 Job #86136 3 a W O Y (V 7!m�r N O Z O J CO TYPE OF INSURANCE � J ® I min i1Hs i all j 12/17/i;6 PRODUCER R. I'JSUIU: A A C I� n GIDDINGS, CORBY, HYNES, INC. NO RIGIFITI VPOI' H'. i.0R ez ReHo 0q AI Ia "M c(i 'I of Al OR:R GENERAL 1101 - 13TH STREET-- ---........ . . ..._....-...—._ MODESTO. CA 95354 C01IPAN11" AFFORD I 1 _ TEL: 1209) 526.3110 P.O. Sox 3231 : C APANY ETER h, Republic Indemnity Comparev of ARierica Modesto, CA 95353 ::C APANY , INSURED LETER VALLEY SLURRY SEAL C(N_ 0 APANY C P.O. Box 26132 E' TER Sacramento, CA 95826 0 APANY ID El TER �)O WANY -- - ------ - - IETTER —In it �= ■®�i�- I 'I :I 'Il THIS IS TO CERTIFY THAT POLICIES OF'NSURANCE LISTED BEL OW AA VE SEEN ISSUEOTO T E INSURED IIAMED ABOVE - - NOTWITHSTANDING ANY REQUIREMENT', TERM OR CONDITION DV A NN CONTRACT OR OTHI I DOCUMEN' WITH RESPE( I 11 II! BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY I HE FOLIC ES DESCRIBED HE 'EIN IS SUB.': CT TO ALL TE 11 i U:I TIONS OF SUCH POLICIES. PERSONAL INJURY CO TYPE OF INSURANCE POLICY NUMIER FOLICY EF0 THE P:. ICY EXFIF4(TION _ LTR L [ATE (MW/[ M'1 _---- ---- WEE (MMD(1/YY) —�- J- — GENERAL LIABILITY ------- F ' d; COMPREHENSIVE FORM _ I 'Il un :: PREMISES/OPERATIONS UNDERGROUND EXPLOSION 8 COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV PASS.) ALL OWNED AUTO$ (OTERPA$AN) 'HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION A PC987643 01/01/87 01/01/88 AND EMPLOYERS' LIABILITY OTHER --- - ':CRIPTION OF OPERATIONS/LOCATIONSNE:HICLES/SPECIAL ITEM: Mission Hills Drive Slurry Seal Project San Juan Capistrano, CA Y OF SAN JUAN CAPISTRANO TO Paseo Adelanto Tuan Capistrano, CA 92675 City Clerk n UTO ff 100, 2 smimmimmiIi111111111IIIIl1I�IIII1� SI'IOULD ANYOF THI'. ABOVE DESDRIBEO POUCH::!; BE CA I, .EC II ''(IRE TH EX. PI iATI%EIATE THEREOF, THE ISSUING OON-AN' 1 LL MAIL 3V DAYS 11R�ITrTEN NOTICE TSO jTHHEE CEIII IFF�ICAI DF. I HIED TO THE LEFT, BUT FAILUREJ 01' ANY KIND UPOIINpFI�_ , 1�$ �AOif='�i'Sl'.I_A_ _EPI E 5_ VT_pl I, OR LIABILITY ITI IORIZED REPRESE TATNE ff L _ n a. F ' d; _ I 'Il un :: n UTO ff 100, 2 smimmimmiIi111111111IIIIl1I�IIII1� SI'IOULD ANYOF THI'. ABOVE DESDRIBEO POUCH::!; BE CA I, .EC II ''(IRE TH EX. PI iATI%EIATE THEREOF, THE ISSUING OON-AN' 1 LL MAIL 3V DAYS 11R�ITrTEN NOTICE TSO jTHHEE CEIII IFF�ICAI DF. I HIED TO THE LEFT, BUT FAILUREJ 01' ANY KIND UPOIINpFI�_ , 1�$ �AOif='�i'Sl'.I_A_ _EPI E 5_ VT_pl I, OR LIABILITY ITI IORIZED REPRESE TATNE ff or `77 - IKE PRODUCER THIS CEIRTIFICIITE IS ISSUED AS A MATTER C' 1, ��y�� ��Iy�� 'c/w��• n•Fwc..rC �ir. im * im NO RIGHTS UPON HE CERTIFICATE HOLDIEF. I R f: EXTEND OR ALTE.i THE COVERAGE AFFOHDI I� ? C011PANIES AFFORI:INi "m 3231 CC NPANY LE TER BPP-aEUc 1ndevniLy �P..OT,.,—Box L�IW to, CA 95353 C( NPANY 8 - LE TER�'� _ INSURED COMPANY VALLEY S7AlSR�7qi� CC APANV P.O. Box 4EIl LE TER _C r.ASFAs+ �6 SacrammtO, 95831 CC', APANV 0 t LE TER CO APANV F _ -- LE TER • �®�Il�lillllll THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOT IE INSURED NAMED ABOVE ForF II Ii 1 NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY C )NTRACT OR OTHI R DOCUMENT WITH RESPECT TC IM C- -BE BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HE IEIN IS SUBJECT TO ALL TJ- TE III , TIONS OF SUCH POLICIES. COwLICY LTR TYPE OF INSURANCE POLICY NUMBER EFF MY[ DATE I~ VYY) POLICY FJPIIMTIDN __•� L ) DATE IMMODA'YI _ GENERAL LIABILITY BGC COMPREHENSIVE FORM IN, LP PREMISES/OPERATIONS pq,";;, , UNDERGROUND DA,n ur EXPLOSION d COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL VALLEY SLURRY COSH l`'JI INDEPENDENT CONTRACTORS SEAL COMPANY BROAD FORM PROPERTY DAMAGE PERSONAL INJURY r Im Coo CS ?'_FE A', 07 _ IN AUTOMOBILE LIABILITY or CO PC D. ANY AUTO CM ..-1 lAB (ffA P'r;0 ALL OWNED AUTOS (PRIV PASS.) EP C-3 —ww gppl_y ALL OWNED AUTOS (OTHER THAN) PRIV PASS / --OR ._, W „- CSE 1Nnrrn (ffA A Lry Y: HIRED AUTOS — JR m — CXP agcu Elr ) NON -OWNED AUTOS 1 DANV U 9 GARAGE LIABILITY awC Ml al a vn COMFIT) 9 EXCESS LIABILITY UMBRELLA FORM al a r0 OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION - STA Im q�- PM7643 01/01187 Oi/Ol/88 1lUc AND r EMPLOYERS' LIABILITY .1 $I OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS M�.ssim Hilla Arive SLDmTy Seel Projeet Sen Juaft QVistrano, CA ' • • I�IYYY� ra ��•�y CZTlC (W SAN im G� SHOULD ANY OF TH E ABOVE DESCRIBED POLICIES BE OANC �../.M 3 4W PIRATION DATE "HEREOF, THE ISSUING COMPANY Sm Jtm '(r%Axtrwo, CA 92675 MAIL 30 DAYS ` RITTEN NOTICE TO THE CERTIFICATE I - LEFT, BUT FAILURE T O MAIL SUCH NOTICE SHALL. IMPOSE NO C AM. City C2mrk OF ANY KIND UPON 'EHE COMPANY, ITS AGENTS OR_RE__PRE! •7 AUTHORIZED REPRESE IVTATIVE IIIIIII1II 1. 1-1 D BI FORE THE EX IIL . KwWWRX M.CER {, ED T THE 11.10 ATIO � OR LIABILITY i!TI AT IV ' E_. PLEASE DATE. SIGN AND RETURN THIS COPY TO THE CITY CLERK NOTICE TO PROCEED TO: Valley Slurry Seal P.O. Box 26132 Sacramento, California 95826 Project: Mission Hills Drive Slurry Seal Amount of Contract: $14,796.06 MI MRER!1 OF IHE CIIY C.IIIN1 .i ANTHONY 1_ BLAND LAWRENCE F. RUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFFR PHILL IP R. SCHWARIZE CITY MANAGER STEPHEN R JULIAN You are hereby notified to commence work on the referenced contract on or before December 4, 1986, and shall fully complete all of the work of said contract within 45 consecutive calendar days thereafter. Your completion date is therefore January 18, 19'W. 87 The contract provides for an assessment of the sum of $100.00 as liquidated damages for each consecutive calendar day after the above established contract completion date that the work remains incomplete. Dated this 3rd day of December 1986. Y— MARY YA HANOVER, CMC City Clerk ACCEPTANCE OF NOTICE Recei t of J[t}� regomg �`%��ice to Proceed is hereby acknowledged by A/ J r. tAinlI- I/T this day of �2CQiyygg 1986. 65 i /FiN(r/1 32400 PASEO ADELANTO, SAN IUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 4-31171 CALIFORNIA PRELIMINARY NOTICE YOUR ATTENTION IS DIRECTED TO SECTIONS 3(IIIIIIIIP9fl AND 3111, CALIFORNIA CIVIL CODE WHICH R S US TO NOTIFY YOU 'THAT IF BILLS ARE NOT PAID IN FULL FOR LABOR, SERVICES, EQUIPME MATERIALS FURNISHED, OR TO BE FURNISHED,-'FHE 1 'ED PROPERTY (WHICH IS DESCRIBED HEREON) MAY BE SUBJECT TO MECHANICS' LIENS." (THIS ,,W ATEMENT IS APPLICABLE TO PRIVATE W RiCONLY.) Q 136 THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. 9026 YOU ARE HEREBY NOTIFIED: DATE Novcr,-Jer 18, 1935 THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR, SERVIC QUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION: Valley Slurry 3€al Co., Inc. Slurry Seal Project for (NAME) (DESCRIPTION OF MATERIAL) P.O. Box 26132 (fission Hills Drive (ADDRESS) INDIVIDUAL OR Sacramento, CA 95826 FIRM (CITY) _ - (STATE) (ZIP) (SIGNATURE) (ADDRESS OF BUILDING, STRUCTURE, WORK OF IMPROVEMENT) �Jebn Titensor, Off. Migr. 11/18/35 [THLE) (DATE? J k (CITY) [STATE) (ZIP) THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF SUCH LABOR, SERVICE, EQUIPMENT OR MATERIAL — I City of San Juan Capistrano TO: )WNER, 32400 Paseo Adelanto ED OWNER OR C AGENCY San Juan Capistrano, Ca 92675 N/A TO: ORIGINAL CONTRACTOR OR REPUTED CONTRACTOR OR REPUTED NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or mater iols furnished or to be furnished, o mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (I) requiring your contractor to furnish asigned release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE NAME ADDRESS u Z N NAME GT9 _ n ADDRESS 'J c ^c NAME ADDRESS te `_L1 (MATERIAL MEN NOT REQUIRED TO FURNISH THE ABOVE) PROOF OF SERVICE AFFIDAVIT (SECTION 309) .1, CALIFORNIA CIVIL CODE) NOTICE TO CONSTRUCTION LENDER ONLY ESTIMATED TOTAL PRICE OF THE LABOR, SERVICES, EQUIPMENT OR MATERIALS DESCRIBED HEREON. ,50111011 so ISOM , declare that I served copies of the above PRELIMINARY NOTICE. (check appropriate box). (a) ❑ By personally delivering copies to at (name(s) on Nle(s) of person served) _.m. (dare) (rime) (b) ❑ By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the addresses shown above III-] I declare under penalty of perjury that the foregoing is true and correct. Signed of , California, on IZ [ATTACH RECEIPTS OF CERTIFIED OR ,RE/GISIER{E�Dy /M�AILJ�YVHEN R URNED] RF�I!"l 45449 POLY PAK (50 SETS) 4P449 /1 K,J/iFrl r / (✓� SIGNATURE OF PERSON MAKING SERVICE 8 -es fjOAO %1e C4C rarbOn/ess OWNER COPY MEMORANDUM TO: File FROM: Dawn Schanderl, Records Coordinator DATE: December 3, 1986 SUBJECT: Bonds - Valley Slurry Seal I called probate to check on the surety, Great American Insurance Company, and their Attorney -in -Fact, Sheila O'Connor. Probate did not have any listing for Sheila O'Connor in Orange County. According to the form submitted by Great American Insurance Company, Sheila O'Connor is registered in the San Francisco area and her Limit of Power is unlimited. I spoke with Eileen Fegte to see if it was necessary that the Attorney -in - Fact be registered in Orange County. Eileen spoke with John Shaw, City Attorney, and stated that the Attorney -in -Fact need not be registered in Orange County since this insurance company is a large, well known company. Since it also stated in the bonds that power is unlimited there is no need to call probate in the San Francisco area. E March 9, 1987 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 Valley Slurry Seal Company P. O. Box 26132 Sacramento, California 95826 Re: Completion of Slurry Seal of Mission Hills Drive (Valley Slurry Seal) Dear Sir: The City Council of the City of San Juan Capistrano at its regular meeting held March 3, 1987, adopted Resolution No. 87-3-3-1 accepting the work completed for the slurry seal of Mission Hills Drive, in the amount of $14,796.06 A copy of Resolution No. 87-3-3-1 is enclosed for your information. The retention will be payable 35 days from recording of the Notice of Completion. The Notice was recorded on March 6, 1987; therefore, the final payment, in the amount of $1,479.61, may be released on April 10, 1987. Thank you for your cooperation. Very 1 yours, Mary Ann Ha over, CMC City Clerk MAH/mac Enclosure cc: Director of Public Works Director of Administrative Services Accounts Payable 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92673 0 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Mary Ann Hanover, City Clerk City of San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE_ IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Valley Slurry Seal, P.O. Box 26132, Sacramento, CA 95826, for the performance of the following work: CONSTRUCTION OF THE SLURRY SEAL OF MISSION HILLS DRIVE That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the day of , _ , by Resolution No. That upon said contract, the Great American Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF SAN JUAN CAPISTRANO ) day of , Mary Ann Hanover, City Clerk City of San Juan Capistrano 1, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this day of , Mary Ann Hanover, City Clerk City of San Juan Capistrano EXECUTED IN TRIPLICATE PERFORMANCE BOND Bond No. 027 94 68 Premium $89.00 KNOW ALL MEN BY THESE PRESENTS: That Valley Slurry Seal Company , as Principal, hereinafter called CONTRACTOR, and Great American Insurance Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Fourteen Thousand Seven Hundred Ninety six and 06/100ths---- 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 November 4, 1986 . entered into a (describe agreement): Slurry Seal of Mission Hills Drive which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -20- 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this lith day of November 19 S6 , at San Francisco , California. APPROVED AS TO FORM PRINCIPAL ValleyesluX Se t.c mp 'CCFREr REED Bv: (�) �11� W �jdNlt (NOTARIZATION AND SEAL) SURETY Great American Insurance company /Sheila O'Connor, -Attorney -in -Fact (NOTARIZATION AND SEAL) -21- STATE OF CALIFORNIA COUNTYOF...,,Sacralnento 9s. Cowdery's Form No. 27 — Acknowledgement to Notary Public — Corporation — (C. C. Seca. 1190, 1180.1)— (Rev. 1/89) On this ....1.$ t Yl...... day of .... No V g.1R17e r......... in the year .19.8.6.... , before me, C8r01 Ann..I.,, W17,itttidTSh.... a Notary Public, State of California, duly licensed and sworn, personally appeared ............................................ . .......... J,ef f re.Y.. Rged........................................................ 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 r.e.S .L G eD t ............................... . or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in theS.tdtg,.gf..C1, ]-,lf County of.S..acr.alRento .....................onthe date set forth above in this oeMficate, G/I •,-r. _, ,7// Notary Public, State of California My commission expires nw tlacumem i,.,.pen Wmlm whM mer.«seer I«nae.n wm henvawna umin nowar ecn.«am t.nOWt. act,.. wbetMbMe wvroe Qan eaurneY T. Perter Cees mf nuk. env wenanly. ecM1e...weae w Mglletl, ae m me � wlgM a erry wwnm «M. a:+marrtrd sees mrrro m erry State of California, ) Ss. County of San Francisco ) On this 17th day of November , in the year 1986 , before me, a Notary Public personally appeared Sheila O'Connor , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -In -Fact of Great American Insurance Company , and acknowledge to me that bac (she) subscribed the name ofGreat American Insurance Company thereto as Surety, and Nita (her) own name as Attorney In Fact. I �,�.t; 'e}dC� LP,. KiPp68EY •" i �•W�a; ^it i �, 1 ,.� (NIA ." l Notary Public ( 1 EXECUTED IN TRIPLICATE Bond No. 027 94 68 Premium Included in Performance Bond. LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Valley Slurry Seal Company License No. 293727A , hereinafter designated as "Principal", a contract for Slurry Seal at Mission Hills Drive ;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 , PrinCfipal, and Great American Insurance Company -- - a5 surety, are held ,firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Fourteen Thousand Seven Hundred Ninety Six and 06/100ths---DOLLARS ($14,796-06), 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 Insur ce Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified In this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and does hereby waive notice of any such change, extension of time, alteration or modi ication 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 sppci ied therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. _22_ IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 17th day of November 19 86 . 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 STATE OF CALIFORNIA sa. COUNTYOF...... S4c1Pame,rlto, Cowdery'e Form No. 27 — Acknowledgement to Notary Public — Corporation — (C. C. Secs. 1190, 1190.1) — (Rev. 1/83) Valley aLL By Great American Insurance Company SURETY B Y /Sheila O'Connor, Attorney—in—Fact On this ... 18th ...... day of.. No V 0D.1?q:r ......... , in the year .1.9 a 6 ..... before me, .Ca r Q 1.. Ann. J... Whitmarsh ..., a Notary Public, State of California, duly licensed and sworn, personally appeared ............................................ . ..........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... presddent.... or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in thd;ta.te-..Qf.. Calif.., County of.Sa4crame-nto ..... on the date set forth above in thi ificate. /J if Notary Public, State of California My commission expires Pus ky mMMpmY0qmynaIwm wfiM m0YNpnpeMUN n Bingle hOnNclwu vNInm WBY Bee. Wnin10ntlGE b M. N0 mbWtiAB W"O a.n tlbne,.m wN« mN na T.Me my wmnM,~ qi e « bwimi. Nro" lwei YNdn a Om wd+een«meuM iin amNefm m" apecinc vanim i State of California, ) SS. County of San Francisco ) On this 17th day of November , in the year 1986 , before me, a Notary Public personally appeared Sheila O'Connor known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -In -Fact of Great American Insurance Company , and acknowledge to me that bac (she) subscribed the name of Great American Insurance Company thereto as Surety, and Ulz (her) own name as Attorney In Fact. OFFICIAL SEAL .JOYCE LEE KINNEY int rt 71 N07r•.-lY F9)3LIC-CALIFORNIA ' ;� (Ay and County of SAN FRANCISCO My Commsslon Exp.ies Jan. 23, INS � Notary Public G3i U AiVERIC-1N INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than POWEROFATTORNEY No.0 13037 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. J. M. .Albada Name Cynthia L. Lewis Kevin W. McMahon Terry J. Moughan Sheila O'Connor Jack M. Woodruff, Jr. John R. Lamberson Frank M. Hagan H. J. Trainor Address All of San Francisco, CA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. Limit of Power All Unlimited IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 8th day of August , 19 85 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 8th day of August, 1985 , before me personally appeared ROBERT M. SCHUDER, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and herebv is authorized, from time to time, to appoint one or more Attorneys-ln-Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid offrctrs maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, KAREN HOLLEY HORRELL, Secretary of the Great American Insurance Company, do hereby certify that the Ibreguing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in lull turtle and effect. Signedi and sealed this 17th day of November , 19 86 5 1029) (8/83) ti M EXECUTED IN TRIPLICATE PERFORMANCE BOND Bond No. 027 94 68 Premium $89.00 KNOW ALL MEN BY THESE PRESENTS: That valley slurry seal Company as Principal, hereinafter called CONTRACTOR, and Great American Insurance Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Fourteen Thousand Seven Hundred Ninety six and 06/100ths---- Dollars for payment whereof Contractor and Surety bind themselves, their fieirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated November 4, 1986 entered into a (describe agreement): slurry seal of Mission Hills Drive which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including. reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -20- 0 0 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 17th day of November 19 86 , at San Francisco , California. APPROVED AS TO FORM PRINCIPAL Valley ff 1 Com Sep y JEFFREY REED (NOTARIZATI{PN AND SEAL) SURETY Great American Insurance Company Bv:t Sheila O'Connor, Attorney -in -Fact (NOTARIZATION AND SEAL) -21- STATE OF CALIFORNIA ss. COUNTY OF .... S a C r.aWen.tA .. . Cowdery's Form No. 27 — Acknowledgement to Notary Public — Corporation — (C. C. Seca. 1190, 1190.1)— (Rev. 1/89) On this.... 18th...dayof...Noyember.,..,.....intheyear..1986,,... before me, Car.o.l..Ann.. 1....W.h.i tmar.sh... , a Notary Public, State of California, duly licensed and sworn, personally appeared ............................................ . ..........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 ... P r.e.s i d 211.t ................................ or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in th6 t a.t e ..o.f.. Ca li.f.. , County of.Sac Tamen to .................... on the date set forth above in this qp1jificate. ' � ✓,BGG^Cs!��Gl��'7 Notary Public, State of California My commission expires This docemnl a ony a Wanal mm, whiii may be propsr lor uae in ang eaaagmna and in no weyann, or is imenUe4 to ecl, as a weflnNe Or to eWics of an enaraynne piste, don not make My wananty, sinner eVreas of inplbd, as to the "al validity of any, prowaion or Of sulaoss, of these forms In any spa is eeneB 1m. State of California, ) SS. County of San Francisco ) On this 17th day of November , in the year 1986 , before me, a Notary Public personally appeared Sheila O'Connor e known to me (or proved to me on the basis of satisfactory evidence) to be the I person whose name is subscribed to this instrument as the Attorney -In -Fact of I� Great American Insurance Company and acknowledge to me that bec (she) subscribed the name ofGreat American Insurance Company j thereto as Surety, and X9z (her) own name as Attorney In Fact. lOfCE LEE WNNE ata f � ^ (, NOT . tv husl pct c hwt-h� ttMy JCc .r rr / i 1:Rr, �.•.,-.,-c:ve;. Rr-+.atio' :'"'""s-w^� Notary Publc-' rI EXECUTED IN TRIPLICATE LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That 0 Bond No. 027 94 68 Premium Included in Performance Bond. WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Valley Slurry Seal Company , License No. 293727A -1 hereinafter designated as "Principal", a contract for slurry seal at Mission Hills Drive ;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 Great American Insurance Companyas surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Fourteen Thousand Seven Hundred Ninety Six and 06/100ths---DOLLARS ($i4,796-06), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and itj does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -22- 0 • IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 17th day of November 19 86 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to autt}prlty of its governing body. _ / APPROVED AS TO FORM STATE OF CALIFORNIA COUNTY OF... Sacramento... as. Cawdery's Form No. 27 — Acknowledgement to Notary Public — Corporation — (C. C. Sees. 1190, 1190.1) — (Rev. 1183) Sl By Great Amer al Insurance EY REE= President Y� /Sheila O'Connor, Attorney -in -Fact` On this ....1 R It b.. , ... day of .....No V 21gb.Q r ........ in the year .19.8.6... . before me, Ca.r.Ol..Ann.. I.. Vhi tma.rs h. • , a Notary Public, State of California duly licensed and swam, personally appeared ................................... .......... J.e.ffr.ey.. Reed........... ............................... ..... I ....... , 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 r.e5 i d.e.nt ............................... . or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in th9tatei•01.-Ca.ldf..., County of -Sacramento ............... on the date set forth above in this 0aificate. -�4'f � Notary Public, State of California My commission expires rw mwmemuanepenael rortn wnm a•v eeawarro,u»mamarovertx mrte.rtamrto w.ra Nv ae.� u. W,n.arov aim... b.�.� d an UlarteYnW ,rtMer Epee M mYie enY wartemy, eNix ease» a ImpNeO, u b 11'e kqY reWky epeaec vdvecuon. State of California, ) SS. County of San Francisco ) On this 17th day of November , in the year 1986 , before me, a Notary Public personally appeared Sheila O'Connor known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -In -Fact of Great American Insurance Company , and acknowledge to me that bac (she) subscribed the name of Great American Insurance company i thereto as Surety, and h9a (her) own name as Attorney In Fact. /1 Of FIQAL AL IS � '�t � fPl_i�ll �i -fdlA r+-r.o...,.. mac-„• ,w -r. avK� Notary Public I ; i- •, • , t • GMUANERICAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than POWEROFATTORNEY No. 0 13037 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under' and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. J. M. Albada Name Cynthia L. Lewis Kevin W. McMahon Terry J. MMoughan Sheila O'Connor Jack M. Woodruff, Jr. John R. Lamberson Frank M. Hagan H. J. Trainor Address All of San Francisco, CA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. Limit of Power All Unlimited IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 8th day of August ,19 85 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 8th day of August, 1985 , before me personally appeared ROBERT M. SCHUDER, to me known, being duty sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: Thal the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, KAREN HOLLEY HORRELL, Secretary of the Great American Insurance Company, do hereby certify that the imeguing Power of At tornky and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full fur ce and effect. Signed and sealed this 17th day of November , 1986 s 10291 (8/93) �u WISE INSURA14CE AGENTS/BROKERS 209 HARDING BOULEVARD P.O. BOX 1268 ROSEVILLE, CA 95661-1268 (916) 726-0500 VALLEY SLURRY SEAL COMPANY P.O. BOX 26132 SACRAMENTO,CA 95826 THIS IS TO CERT - I[ E JCE LI,.' NOIYlITHSTANU N, U OR COP BE ISSUED OR lI -11 1 1M1. C4' 'm AFFORC. TIONS OF SUCK W i 4 i G0� �PCCF- l'F GENERAL LIAB SP 895 2937 A 'XX .vsrl U OMOBILE L I I J C— A FI n X X Ci ,L._1IT R 4UT1.5 SP 895-2937 X :or.)WAEu FP 44LE 1IAR'. EXCESS LIASILII - } CTHLRTHA CJHIE ,, H'/ WORKERS (OMPI NSP LION AND EMPLOYERSLIABILITY 11/14/06 INDUSTRIAL INDEMNITY DESCRIPTION OFOPERATIONS/LOCIAT.ONS VI: HICLESI RES -'RICTIDI'•;$i SPECIALITEMS QTc L._. ' b i - :I I11 F';Co-[ 1 . -HIS CEF71FCi.iE MAY IN l'HOUSANDS 1,-ODO 3-15-86 3-15-87 1,000 +c 1,000 1,000 100 - 50 1,200 3-15-86 3-15-87',' v= ;C Cfbl � F ;._=T, DESCRIPTION OFOPERATIONS/LOCIAT.ONS VI: HICLESI RES -'RICTIDI'•;$i SPECIALITEMS V�— 'DISEASE-FacT p (D SEASAr,, EPPLDYEEI ALL OPERATIONS PERFORMED BY THE NAMED INSURED RE: Mission Hills Drive Slurry Seal Project City of San Juan CapistranoII SHOULD ANY OF T iE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXIR 32400 Paseo Adelanto PATION DATE THEREOF, THE ISSUING COMPANY WILL EI"41&R,40- San Juan Capistrano, CA. 92675 MAIL 30 DAYS 'NRI"(TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. ElYt ""L{/f If IEYMMt$tlBfHN9A6✓=6MALb .IMPp64 �i0-pBUGASWM-0R- QTc L._. V�— 'DISEASE-FacT p (D SEASAr,, EPPLDYEEI ALL OPERATIONS PERFORMED BY THE NAMED INSURED RE: Mission Hills Drive Slurry Seal Project City of San Juan CapistranoII SHOULD ANY OF T iE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXIR 32400 Paseo Adelanto PATION DATE THEREOF, THE ISSUING COMPANY WILL EI"41&R,40- San Juan Capistrano, CA. 92675 MAIL 30 DAYS 'NRI"(TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. ElYt ""L{/f If IEYMMt$tlBfHN9A6✓=6MALb .IMPp64 �i0-pBUGASWM-0R- GL 20 10 sP • (Ed. 01 73) This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective 11/14/86 Policy No. SP895-2937 11115MNentNo. Named Insured Valley Slurry Seal Company Countersige b A(A4utho This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE ADDITIONAL INSURED (Owners or Lessees) It is agreed that: 1. The "Persons Insured" provision is amended to include as an insured the person or organization named below but only with respect to liability arising out of operations performed for such insured by or on behalf of the named insured. 2. The applicable limit of the company's liability for the insurance afforded under the Contractual Liability Insurance Coverage Part forming a part of this policy shall be reduced by any amount paid as damages under this endorsement on behalf of the person or organization named below. Name of Person or Organization (Additional Insured) City of Sao Juan Capistrano Mission Hills Drive Slurry Seal Project GL 20 10 01 73 PRODUCER : GIDDINGS, COREY, HYNES, INC:. 1101 - 13TH STUB MODESTO, CA 95354 TEL: (209) 5263110 P.O. Box 3231 Modesto, CA 95353 INSURED VALLEY SLURRY SEAL COMPAIIY P.O. Box 26132 Sacramento, CA 95826 TH S CEP111::ATI IS ISSUED AS A M/.TTER OF NO PAGH'CS I. PON HE CERTIFICATI HOLDER. Ti ECT'EEND OR ALTS' THE COVERAG AFFORDED CO! APANIEE, A FI"ORDII i"EMTIER`v A Republic Indamiity C: MPAhY LE -TEP 131 CC MP"NY LL -TER C CC M -ANY D LE TER CC MP.,ANY E LE TER THIS IS TO CERT'IIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO T HE INSURED NAI ED ABOVE F' NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY C ONTRACT OF, OTH 'R COCUMENT N ITH RESPECT BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLR IES DESCRIBED HE REIN IS SUBJEC' TO ALL THE TIONS OF SUCH POLICIES. TYPE OF INSURANCE POLICY NUMBER POI ICY IF CTM POLIC' EXPIRATION GP -E IMM ,pM' DATE MMIfiO/YYI GENERAL LIABILITY —------- —_ COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE IAABILITY ANY AUTO ALL OW14ED AUTOS (PRIV PASS I ALL OWNED AUTOS (OTHVRPTHAN) HIRED AUTOS NON OWNED AUTOS GARAGE LIABII ITV EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM A WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PC987643 ject San Juah Capistrano, CA CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTN: City Clerk ff �,al r:r n 1-i_/i4/ b RMAT'ION ) II ERTIFICA Y I FHE[ POLIc EI COVE :, Of Al"iei_LC5 1 �1! 11�111111III! li R 'HEPOtUYrER1))INDICA"ED 'C WHICH THIS .EF TIFICAI I- MI,N 'E IMS, EXCLUSION; AND Xmm IABILITY LIMITS I, THOUSAND!: OCCUr)r._N X LY nav $ �$._____. 10'ERTY I 111111 N :XGE $$ 7 a 'D c m )N 3ME0 `P ISP ' P13RSONAL INJUPI $ A WNS =A_ $ .I UA' F I'LIOfNII $ O ERTY M'GE $ A PID )M ONED $ !- C OM 11NE0 $ 'y 11/01/86 Ol/G1/87 TAfUTORY �__ $1 0001 ACi AcclDRlr, ----+ I $ 1 QQQI:ISEASE-POLIC Y IMIT $1 QQo S SEEACF MPI 0,1 E'.� �I -- Y � � r 'I II SHOULD ANY OF T! IE ABOVE DESC REED POLICI S BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THI ISSUING COMPANY WILL IIII9000M TO MAIL 'Jn� DAYS WRITTEN NOTIC E TO THE CE TIFICATE HOLDER NAMED TO THE LEFT, 13 FAILURE TO MAI�$�yJ fjI ITICE SNALL I POSE NO OBLIGATION OR LIABILFTY OF ANY KIND UPON THE MI IM451T� T YiUHERIIIBSENTATIVES. R AF' 0 CONTRACT 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 15 HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract. which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 1985 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE u ORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and compiete in good and workmanlike manner the construction of SLURRY SEAL OF MISSION HILLS DRIVE 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 .Adeianto, San 3uan Capistrano, California. THIRD. PAYMENT. Cit\ 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 pegin and complete the work within the time specified in the Notice Inviting -14- Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Spec if ications. CONTRACTOR agrees to pay City such sum as the Court may judge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by City in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or -15- 9 0 any SUB -CONTRACTOR under him, shall pay not less than the foreqoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. The insurance policies shall bear an endorsement or shall 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- • • 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. DATED: 11/4/86 ATTEST: Mary Ann Hanover, City Clerk APPROEDED A�M: John Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO -17- GREAT AARICAN INSU ANCE COMPANY NEW YORK. N.Y. BOND NO. KNOW ALL MEN BY THESE PRESENTS, that we, VALLEY SLURRY SEAL COMPANY, INC. .a as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of New York, having its principal place of business at 99 John Street, New York, N.Y., as surety, are held and firmly bound unto, CITY OF SAN JUAN CAPISTRANO as obligee, in the penal sum of TEN PERCENT (107) OF THE AMOUNT BID DOLLARS (S 10% ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrator, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 3rd WHEREAS, the said principal is day of OCTOBER 1986 herewith submitting a proposal for SLURRY SEAL FOR MISSION HILLS DRIVE NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract, and shall within ( ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee ference in money between the amount of the principal's bid and the amou0t f`ir whit) the obli legally contract with another party to perform the work, if the latter amounit bk in CVkss of but in no event shall the liability hereunder exceed the penal sum hereof. VALLEY SLU EAL(C'OMIANY, JEFFREY REED GR al AMERICAN [INSURANCE COMPANY By JAMES 0. BUR .luarney-u.-Fact F. 01166 - 167 1010 FORM) �0 • GREAT AMERICAN INSURANCE COMPANY The number of persona authorized by this power of attorney is not more than No. 0 11460 THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attomey-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JAMES 0. BURPO ALL OF ALL JAMES H. MIZELL SACRAMENTO, CALIFORNIA UNLIMITED JEFFERY EINHORN This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate 6fftcers and its corporate seal hereunto affixed this 30 day of September 1963 Attest STATE OF OHIO, COUNTY OF HAMILTON —as: GREAT AMERICAN INSURANCE COMPANY On this 30th day of September, 1983 , before me personally appeared ROBERT M. SCHUDER, to me known, being duly swom, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by tike authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the smite force and effect as though manually affixed. CERTIFICATION I, W. R. Bily, Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney, and the Resolutions Of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 3rd day of October 19 86 $ 1029H - 1/82 ME STATE OF CALIFORNIA COUNTY OF ..... Sa.c r ante n to...... . OFFICIAL .SEAI CAROL ANN I. WHITm'iFf-' NOTARY PUBLIC CAUFodr.. SACRAMENTO COUNTY 3KY COMM. EMPIRES AK 11, 190 On this ... 3 r a. .......... day of..... Pc t o be 17.,in the year ......19E ....... as.......................................... I .............................. before me, ........ C a r.o.1.. Ann I _...Wh i ttna.rs h, a Notary Public, State of California, duly commissioned and sworn, Personally appeared .................................. . ..... J.e± £ r.e.y..Reed.................................... I ............ I ...... Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person .... whose name .....i s ............................ I ................... . subscribed to this instrument, and acknowledged that .... he .... executed it. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the ... S.tate. o£..Ca.li£ornia............ ................. County of ..•.••••Sacr.am3/ •/jjtppo..�..�j. . ... .'onthe date set forth above in this certificate. L E�"i2�1�7 M eocumnt b odY a9vra Ismw1,M meybpopesM ur n anW trnroecmw eM in m ter w, a e u.w,aea w m, r a edmma a, p» eMce oe en,eon., in. dimer aoec ml Notary Public, State of California nae erry .enenM. alfa emren m Indies a w me Mgel raiJly d an, proviewn or tlxr My commission expires Cowdery's Form No. 32 — Acknowledgement to Notary Public — Individuals — (C.C. Sec. 1189) — (Rev. 1/83) ,TA'I'L: 01� CALIFOMIA, SS; :UUN'I'Y UI•' SACRAIALNTO Al lllas 3rd duy of October _ ,vl uru uw, Chu undursignud u Nu Cury PuUlic of au id Cuuncy i"OIL- a C.itu,• pu98sunully IIAI+v,.rud James O. Burno personally known to mo (or ,r•wd Lu mo on the buain of auciafucCoiy urldcnc,•) to be the person whuse n;uuv ,-uut,cribud cu Chir LuaCrtunuttC uu Chu ACLurnuy—iu—l+ucl; of Great American Insurance Company and "ek1%uw1udged Co mu ChuC such .-irl.ur�Clon uxueueod the Cary 0 ' BID BOND ' KNOW ALL MEN BY THESE PRESENTS, that we, as PRINCIPAL, and as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $ , for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has ' submitted the accompanying bid dated , 19_, for the construction of for the ' City of San Juan Capistrano, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (15) days after the agreement ' has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with 'good and sufficient sureties, or sureties for the faithful performance and proper ' fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference ' between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and ' fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -18- 1 1 1 t 1 IN WITNESS WHEREOF, the above -bounden parties have executed this instrument under their several seals this day of _j 19_, the name and corporate seal of each corporate 'party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) ATTEST (If Corporation) Corporate Seal ATTEST Title , BY• Title: BY: Title• -19- PRINCIPAL SURETY � ''ate„ IA11110AI1f0 lfiAl111A11 1961 1776 August 22, 1986 President Mission Hills Ranch Homeowners Association P. O. Boa 711 San Juan Capistrano, California 92693 Re: Mission Hills Drive Slurry Seal Project Dear Sir: MEMBERS OF THE CITY COUNCIL ANTHONY L. BLANO LAWRENCE F. SUCHHEIM KENNETH E. FRIESS GARY L. HAUSOORFER PHILLIP R. SCHWARTZE CITY NANAG ER STEPHEN B JULIAN The City Council of the City of San Juan Capistrano at its regular meeting held August 19, 1986, approved plans, specifications, and call for bids for the Mission Hills Drive slurry seal project and authorized staff to receive bids. If you have any questions, please do not hesitate to call. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH/mac cc: Director of Public Works 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 498-1171 MEMORANDUM MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN TO: Interested Persons FROM: Mary Ann Hanover, City Clerk DATE: November 6, 1986 SUBJECT: Award of Contract - Mission Hills Drive Slurry Seal Project (Valle Slurry Seal The City Council of the City of San Juan Capistrano at its regular meeting held November 6, 1986, took action to award the contract for the the Mission Hills Drive Slurry Seal Project to the low responsible bidder, Valley Slurry Seal. All other bids were rejected. Thank you for your interest in this project. If you have any questions, please do not hesitate to call. MARY ANtAN VEI, CMC MAH/mac cc: Director of Public Works Pavement Coatings Company Roy Allan Slurry Seal, Inc. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 1 1 1 1 1 1 0 CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS SLURRY SEAL FOR MISSION HILLS DRIVE CITY COUNCIL KENNETH E. FRIESS, MAYOR PHILLIP R. SCHWARTZE ANTHONY L. BLAND LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER CITY MANAGER S. B. JULIAN DIRECTOR OF PUBLIC WORKS W. D. MURPHY JULY 1986 1 1 1 1 G 0 TITLE CONTRACT DOCUMENTS TABLE OF CONTENTS 11 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 Work To Be Done.. .. ...........................................SP -1 Section I Standard Specifications ......................................... SP- I Section 2 Terms Defined.................................................SP-2 Section 3 Flow & Acceptance of Water....................................SP-2 Section 4 Water ... ... ... .......................................SP -2 Section 5 Insurance & 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 Section 10 Southern California Gas Company................................SP-3 DETAIL SPECIFICATIONS AND METHOD OF PAYMENT Bid Item 1 Mobilization.................................................. DS -1 Bid Item 2 Slurry Seal ................................................... DS -1 PROJECT PLANS VicinityMap................................................................1/3 Project Plan................................................................2/3 Project Plan................................................................3/3 i 1 1 1 1 0 0 SLURRY SEAL FOR MISSION HILLS DRIVE NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 6th day of October 1986, receive sealed proposals or bids for the Slurry Seal of Mission Hills Drive in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1985 Edition, including all supplements therefor, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifi- cations. Each proposal or bid must be accompanied by a certified check, cash, cashier's check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less ' than ten percent of the total bid amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited ' to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for tthe work. A pre-bid conference is scheduled at 10:00 a.m.- on the 29th day_ of September 1986, at the City offices. The contractor shall have the opportunity for clarification orinterpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not dis- seminate any records of the conference. Exclusive of written addendums and this pre-bid ' conference, the City shall not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in ' any manner. The successful bidder, simultaneously with the execution of the contract, will be required ' to furnish a Faithful Performance Bond equal in the amount of one -hundred percent (100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the surety list provided herein. 1 0 0 ' The City Council reserves the right to reject any and all bids received and to compare ' the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of 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 this L.C� day of v �% CITY CLERK CITY OF SAN AN CAPISTRANO ORANGE COUNTY, CALIFORNIA 1 -2- BID PROPOSAL ' For the: SLURRY SEAL FOR MISSION HILLS DRIVE From: Contractor To the Honorable City Council City of San Juan Capistrano ' Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1985 Edition, including all ' supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump ' sum given on the following pages of this proposal, amounting to a total of: 'Words Figures 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 one 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 1 -3- 1 1 1 1 1 t 1 1 1 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 (Insert "$ cash", cashier's check, certified check or bidder's bond, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Licensed in accordance with an act providing for the registration of contractors — License No. -4- Signature of Bidder: 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: Business Address Dated: Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: Dated: -5- Signature of Bidder Telephone Number 0 SCHEDULE OF WORK ITEMS ' SLURRY SEAL OF MISSION HILLS DRIVE Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amount ' I L.S. Mobilization for the lump sum price of dollars. $ 2 220,900 SF Slurry Seal for the unit price of ' dollars per sq. foot. $ $ ' Total Bid Price (enter here and on Page 3) ' Words Figures 1 ' -6- 1 • • [J NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ss. ' County of ) and says that he is of being first duly sworn deposes the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. DATED: SIGNATURE ' On this the day of , 19_ before me, the undersigned, a Notary Public in and for said State, personnally appeared , personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that ' executed it. WITNESS my hand and official seal. Notary Public in and for said State 7 0 0 DESIGNATION OF SUB -CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the following listed sub -contractors ' in making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors ' are listed, all bonds and insurance will be written in the name of the general contractor only. ' Item of Work Sub -Contractor Address Phone No. 2. 3. 4. ' S. 6. 7. 8. BIDDER'S NAME AUTHORIZED SIGNATURE 1 -8 I 1 0 0 ' INSTRUCTION TO BIDDERS ' Securing Documents ` Plans, Specifications and other contract documents will be available for examination ' without charge and copies may be secured in accordance with the "Notice Inviting Bids". Examination of Plans, Specifications and Site of Work The bidder is required to examine the site of work, the Proposal, the Plans and the Specifications, Special Provisions, and the Standard Specifications for Public Works ' Construction, 1985 Edition including all supplements, very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the ' materials to be furnished and the requirements of the Contract Documents. The plans for the work show conditions as they are believed to exist, but it is not to be inferred ' that all the conditions as shown thereon are actually existent, nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during ' examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. ' Interpretation of Drawings and Documents_ If any bidder should find discrepancies in, or omissions from the drawings, specifications or other proposed contract documents, or if he should be in doubt as to the true meaning ' of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. 1 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. 1 1 1 -9- LJ 1 1 1 0 9 Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder. shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is ' a conflict in the words and the figures, the words shall govern. B. All prices and notations must be in ink or typewritten. No erasures will be ' permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. ' C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or ' telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder shall list his proposed sub -contractors on the form accompanying the ' proposal in accordance with the provisions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some ' responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not less than ten (10) percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. ' -10- 0 0 ' The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond, and the ' money represented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten (LO) percent of the amount of the bid. A bid received and not accompanied by such ' cashier's check, certified check or approved bond shall be rejected. G. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting ' Bids". Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. ' Licensing of Contractor ' All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawl of Bids ' Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. Opening of Bid Proposals ' The City will, in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids". Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids ' rejected within the forty-five (45) days from the date set for the opening of bids. ' The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids". The City, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors ' or irregularities, obvious clerical errors or erasures. 1 0 0 1 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 1 5), shall be made upon the City's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. 1 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 1 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 1 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. 1 Bonds 1 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 1 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 1 the list included in these specifications. Bonds must be submitted on the forms contained in these specifications. 1 Time of Performance The work shall be commenced within fifteen (15) calendar days from the date of issuance 1 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 1 liquidated damages. 1 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 1 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 1 consented thereto in writing. 1 -12- • Workmen and Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City pursuant, to said Code and as listed in the "Notice Inviting Bids". Building Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. -13- I 1 1 1 1 1 1 1 0 0 CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 1985 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of SLURRY SEAL OF MISSION HILLS DRIVE 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 -14- 1 • • Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) per calendar day for ' each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. ' FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing ' payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion ' and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the ' Specifications. ' CONTRACTOR agrees to pay City such sum as the Court may judge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by City in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as ' determined by the Director of the State Department of Industrial Relations, are on file in the offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or -15- I 1 1 1 0 0 any SUB -CONTRACTOR under him, shall pay not less than the foreqoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. The insurance policies shall bear an endorsement or shall 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 1 -16- 0 0 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. DATED: ATTEST: Mary Ann Hanover, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO BY: MAYOR BY: CONT A TOR -17- 1 • • 1 1 1 P I I� 1 1 1 1 1 1 1 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, , as PRINCIPAL, and as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $ , for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 19,_, for the construction of for the City of San Juan Capistrano, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (15) days after the agreement has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. 1 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 1 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. 1 1 -18- 1 1 1 1 1 1 0 Ll 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 UU-1*1i Title BY: Title: BY: Title: -19-. PRINCIPAL SURETY ' PERFORMANCE BOND ' KNOW ALL MEN BY THESE PRESENTS: ' That ' as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated ' . entered into a (describe agreement): 1 ' 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- E 0 2. Said• Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall In any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this day of . 19 , at , California. APPROVED AS TO FORM PRINCIPAL (NOTARIZATION AND SEAL) SURETY (NOTARIZATION AND SEAL) -21- E I 0 0 Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to License No. , hereinafter designated as "Principal", a contract for :and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub -contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we , Principal, and as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of DOLLARS ($ ), lawful money of the United States of merica, for payment of which sum welly truruly 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 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 eacTcorporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. APPROVED AS TO FORM By By -23- PRINCIPAL SURETY I a 0 ' Prepared By: Office of City Attorney San Juan Capistrano ' 7/29/85 ' LISTING OF SURETY COMPANIES QUALIFYING UNDER SURETY BOND COMPANY RATING CRITERIA The following surety bond companies are qualified to submit surety bonds to the City of San Juan Capistrano. The criteria utilized in rating surety bond companies are: ' A.M. Best Company Rating of "A"; U.S. Treasury Underwriting Limitation of $1,000,000.00 or more. ' Use of any other surety company may only be allowed with approval of the City Attorney. ' AID Insurance Company Aetna Casualty and Surety Company of Illinois ' Aetna Reinsurance Company Affiliated FM Insurance Company Alaska Pacific Assurance Company ' Allendale Mutual Insurance Company Allstate Insurance Company ' American Automobile Insurance Company American Casualty Company of Reading, Pennsylvania ' American Centennial Insurance Company American Credit Indemnity Company ' American Economy Insurance Company American Indemnity Company The American Insurance Company American Manufacturer's Mutual Insurance Company American Motorists Insurance Company American Mutual Liability Insurance Company American Re -Insurance Company ' American States Insurance Company Argonaut Insurance Company ' Arkwright-Boston Manufacturers Mutual Insurance Company Associated Indemnity Corporation Atlantic Mutual Insurance Company 1 -24- 1 • • 1 1 1 Listing of Surety Companies, Continued Page Two Auto -Owners Insurance Company Balboa Insurance Company Bankers Multiple Line Insurance Company Boston Old Colony Insurance Company The Camden Fire Insurance Association Centennial Insurance Company Central Mutual Insurance Company The Central National Insurance Company of Omaha The Charter Oak Fire Insurance Company Cigna Insurance Company Commercial Insurance Company of Newark, New Jersey The Connecticut Indemnity Company Continental Casualty Company The Continental Insurance Company Continental Reinsurance Corporation Dependable Insurance Company, Inc. Employers Mutual Casualty Company Employers Reinsurance Corporation ' Fairmont Insurance Company Farmers Alliance Mutual Insurance Company ' Federal Insurance Company Federated Mutual Insurance Company ' The Fidelity and Casualty Company of New York Fidelity Deposit and 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 1 -25- ' Listing of Surety Companies, Continued Page Three ' The Glens Falls Insurance Company Global Surety & Insurance Co. ' Globe Indemnity Company Grain Dealers Mutual Insurance Company ' Great American Insurance Company Greater New York Mutual Insurance Company Gulf Insurance Company The Hanover Insurance Company Harco National Insurance Company ' Harleysville Mutual Insurance Company Hartford Accident and Indemnity Company Hartford Casualty Insurance Company Hartford Fire Insurance Company ' The Hawaiian Insurance & Guaranty Company Highlands Insurance Company Highlands Underwriters Insurance Company ' The Home Indemnity Company The Home insurance Company ' Houston General Insurance Company INA Reinsurance Company ITT Lyndon Property Insurance Company Imperial Casualty and Indemnity Company ' Indemnity Insurance Company of America Industrial Indemnity Company Insurance Company of North America Insurance Company of the West Integrity Insurance Company ' International Insurance Company Iowa National Mutual Insurance Company ' John Deere Insurance Company Liberty Mutual Insurance Company ' Lumbermen Mutual Casualty Company 1 -26- Listing of Surety Companies, Continued Page Four Maryland Casualty Company Mead Reinsurance Corporation The Mercantile and General Reinsurance Company of America Michigan Millers Mutual Insurance Company ' Michigan Mutual Insurance Company Mid -Century Insurance Company The Millers Mutual Fire Insurance Company of Texas Munich American Reinsurance Company National Fire Insurance Company of Hartford National Indemnity Company The National Reinsurance Corporation ' National Surety Corporation Nationwide Mutual Insurance Company New Hampshire Insurance Company New York Underwriters Insurance Company Newark Insurance Company ' North American Reinsurance Corporation The North River Insurance Company ' North Star Reinsurance Corporation Northbrook Property and Casualty Insurance Company Northwestern Pacific Indemnity Company The Ohio Casualty Insurance Company Ohio Farmers Insurance Company Old Republic Insurance Company Pacific Employers Insurance Company ' Pacific Indemnity Company Peerless Insurance Company ' Pennsylvania Manufacturers' Association Insurance Company Phoenix Assurance Company of New York ' The Phoenix Insurance Company Progressive Casualty Insurance Company Protective Insurance Company ' -27- 0 Listing of Surety Companies, Continued Page Five L Prudential Reinsurance Company Ranger Insurance Company The Reinsurance Corporation of New York Reliance Insurance Company Republic Insurance Company Republic Western Insurance Company Royal Indemnity Company Royal Insurance Company of America SAFECO Insurance Company of America St. Paul Fire and Marine Insurance Company St. Paul Mercury Insurance Company Seaboard Surety Company Security Insurance Company Select Insurance Company Skandia America Reinsurance Corporation South Carolina Insurance Company The Standard Fire Insurance Company State Farm Fire and Casualty Company Transamerica Insurance Company Transamerica Premier Insurance Company Transcontinental Insurance Company Transportation Insurance Company The Travelers Indemnity Company The Travelers Indemnity Company of America The Travelers Indemnity Company Trinity Universal Insurance Company Twin City Fire Insurance Company Unigard Security Insurance Company United Fire & Casualty Company United Pacific Insurance Company United States Fidelity and Guaranty Company United States Fire Insurance Company -28- 1 0 0 1 Listing of Surety Companies, Continued Page Six 1 1 Universal Underwriters Insurance Company Utica Mutual Insurance Company 1 Valley Forge Insurance Company Vigilant Insurance Company 1 West American Insurance Company Weschester Fire Insurance Company The Western Casualty and Surety Company 1 The Western Fire Insurance Company Western Surety Company 1 Westfield Insurance Policy 1 1 1 1 F 1 1 1 1 1 1 -29- I H 1 1 1 1 1 1 CITY OF SAN JUAN CAPISTRANO SLURRY SEAL FOR MISSION HILLS DRIVE SPECIAL PROVISIONS WORK TO BE DONE The work to be done under this contract in general consists of the application of approximately 220,900 square feet of slurry seal Type 11 to Mission Hills Drive, Lariat Circle, Canyon Crest, Outpost, Silver Spur and Branding Iron in the City of San Juan Capistrano. The work shall include all specified and necessary traffic control to accomplish the work. SECTION I - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1985 Edition, hereinafter referred to as the Standard Specifications. The Contractor shall maintain a copy of this book on the job -site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Contract Termination "If at any time, in the opinion of the Public Works Director, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, appliances, and plant, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City Council may annul and cancel the contract and re -let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited with the amount of monies so 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 SP -1 1 0 0 1 1 1 1 1 I 1 1 1 1 1 1 1 1 I n 1 1 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. The Engineer has endeavored to show all existing utilities. The Contractor must, however, take all due precautionary measures to protect all of the existing utilities. The Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any construction work. The Contractor's attention is directed to the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the USA by calling 1-800-422-4133. SP -2 1 H I 0 0 Full compensation for conforming to the requirements as included in the contract bid prices paid for the additional compensation will be allowed therefor. SECTION 7 - PROTECTION OF PRIVATE PROPERTY of this section shall be considered various items of work, and no 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 W - SOUTHERN CALIFORNIA GAS COMPANY ' The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition. It is a condition of this contract that the Contractor shall ' notify the Southern California Gas Company Headquarters Planning Office at 714/634-3258 at least two working days prior to the start of construction. A Southern California Gas Company representative will be available on the job site to ' discuss the paving schedule and work that may be necessary to assure CPUC compliance. ' SP -3 I r 0 0 CITY OF SAN JUAN CAPISTRANO SLURRY SEAL FOR MISSION HILLS DRIVE DETAIL SPECIFICATIONS AND METHOD OF PAYMENT BID ITEM 1 - 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 a 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 form vegetable matter and other deleterious substances. Aggregates shall be 100% crushed with no rounded particles. The percentage composition by weight of the aggregate shall conform to the following grading: SIEVE SIZES 3/8" No. 4 No. 8 No. 16 No. 30 No. 200 Theoretical asphalt content, % dry aggregate Approx. application rate (pound per square yard) ' DS -1 PERCENTAGE PASSING TYPE II 100 90-100 65-90 40-70 25-50 5-15 7.5-13.5 10-15 1 0 0 ' The aggregate shall also conform to the following quality requirements: ' TEST CALIF. TEST ASTM TEST REQUIREMENTS Sand Equivalent 217 D-2419 45 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 ration (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 a 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. ' 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, ' property 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. 1 ' DS -2 0 0 ' 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. 2.05 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. 2.06 Placing - The slurry seal shall not be placed if either the pavement or the air temperature is below 13 degrees C (55F) and fallingg, but may be applied when both the air and pavement temperature is 7 degrees C (45F) 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. Prior to 72 hours before beginning slurry seal operations, the Contractor shall notify all residents, businesses and agencies by an approved written notice detailing streets and ' limits of work to be done and the hours of work which shall be between 8 a.m. and 4 p.m. with no slurry to be applied after 1:30 p.m. The Contractor shall pay special attention to all residences on cul-de-sacs and shall notify these residences of the hours of closure of access to the streets to be slurried. A minimum twelve foot width shall be available for ' traffic at all times for the full length of Mission Hills Drive. 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. 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 the emulsion and aggregate after setting. 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. ' DS -3 1 PAYMENT 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 unit it has set, all as shown on the plans, as specified in these specifications and as directed by the Engineer, and no ' additional compensation shall be made. [1 1 1 F ' DS -4 1 1 i 1 1 1 i 1 1 1 VICINITY MAP JUNIMRO SWMA n�. Y N.T.S. ,00�•ftw. SE- I OF SAN JUAN CAPISTRANO MISSION HILLSADRIVE LARIAT CIRCLE 1"= 200' , 44111 I STA. 23+07.93 to 45+86.70 VARIES _06'1 40� I STA. 20+08.17 to 23+07.93 EXCLUDING LARIAT CIRCLE 22' 12' 22' I STA. 9+80.83 to 20+08.17 CITY OF SAN JUAN CAPISTRANO I MISSION Y SEAL- HILLS ILLS DRIVE '2/3' a 1 i 1 i 1 1 1 1 1 i 1 1 1 1 i 1 1 1 PROJECT LIMIT �1 1'm 20 40' STA. 23 07.93 to �30 1 ; CANYON CRIES: OUTPOST RC SILVER SPUR F BRANDING IRON CITY OF SAN JUAN CAPISTRANO I SLURRY SEAL- 3/3 MISSION MISSION HILLS DRIVE