1989-0802_INDUSTRIAL ASPHALT_ContractEMPT
C17
RECORDED AT THE REQUEST OF
AND RETURN TO:
89=415692 "
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
4:00
PM AUG 41989
Q. ` tao*Z Recorder
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano
City Clerk's Department
32400 Paseo Adelanto Mary An anover, City Clerk
San Juan Capistrano, CA 92675 City of an 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 Industrial Asphalt, for the performance of the following work:
CONSTRUCTION OF THE REHABILITATION OF CAMINO CAPISTRANO
FROM SOUTH CITY LIMIT TO 2200' SOUTH OF SAN JUAN CREEK ROAD
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 1st
day of August, 1989, by Resolution No. 89-8-1-1
That upon said contract, the Reliance Insurance Co. was surety for the bonds given by the said
company as required by law.
Dated at San Juan Capistrano, California, this 2nd day of August , 1989
Mary An5
,�flaffover, City Clerk
City of Tan 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 2nd day of August X989
Mary ,, ver, City er <
City of Sari Juan Capistrano
State of California, j
)(( SS.
County of Los Angeles
On this 2 , day of Fr hrr,a,-y in the year 1989 , before me Notary of Public
personally appeared Matt Drumright , personally 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 RELIANCE INSURANCE COMPANY and, acknowledged to me that RELIANCE INSURANCE COMPANY executed the
instrument.
MARIA LUIISA CFIU
NOTARY PUBLIC-CAL,uRUTA
LOS ANGELES dOuNiY
M9 Comntiss'on Lq IC5 APnI'Z9, 19
My
BDR-1818 ED.6/83 (CALIF.)
�LF./vr 61 ✓"Gi.�l
19
Notary Public in and for said County
STATE OF CALIFORNIA Iss.
COUNTY OF Los Angeles
..>.:.m� :-:... - -
OFFICIAL SEAL
<o� Bertha R. Muncie
o NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My'Commission Expires May 31. 1992
On this 6th'fay of February in the year 19 8,%efore me, the
undersigned, a NolarPublic in and for said State, personally appeared
Dwight Beavers and
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument as President and Secretary, respectively, of the
Corporation named therein, said Corporation being personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person that executed the within instrument on
behalf of the General Partnership named therein, and acknowledged to me that the
General Partnership executed it.
+� WITNESS my hand and official
ACKNOWLEDGMENT 6Y CORPORATION WHICH IS A GENERAL PARTNER ,� Gvy
OF GENERAL OR LIMITED PARTNERSHIP—Wolcolls Form 230CA
01982 WOLCOTTS, INC Notary Publicin and for sal State.
' • . CITY COPY
CONTRACT
This contract Is made and entered into by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as City and Industrial Asphalt
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, 1983 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 The Rehabilitation of Camino Capistrano South
City Limit to 2200 Feet South of San Juan Creek Road (Car Wash) 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.
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i
FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR
agrees to begin and complete the work within the time specified in the Notice Inviting
Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual
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
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0
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
any SUB -CONTRACTOR under him, shall pay not less than the foreqoing specified
prevailing rates of wages to all workmen employed in the execution of the contract.
SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this
contract liability and property damage insurance naming the City and Its elected and
appointed officials as a named insured, which such policies shall be of an amount not less
than One Million Dollars combined single limit. Insurance certificates shall be for a
minimum period of one year.
The insurance policies shall bear an endorsement or shall have an attached rider
providing that in the event of expiration or proposed cancellation of such policies for any
reason whatsoever, the City shall be notified by registered mail, return receipt
requested, giving a sufficient time before the date thereof to comply with the applicable
law or statute but in no event less than 30 days before expiration or cancellation is
effective. CONTRACTOR shall provide to City the policy certificate establishing that
the required level of insurance has been satisfied.
CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and
employees from and against any and all claims, demands, loss or liability of any kind or
nature which Lessor, its officers, agents and employees may sustain or incur or which
may be imposed upon them or any of them for injury to or death of persons, damage to
property as a result of, or arising out of, or in any manner connected with the
performance of the obligations under this construction agreement.
EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC
CONTRACTS. City is subject to the provisions of the Government Code and the Labor
Code of the State of California. It is stipulated and agreed that all provisions of law
applicable to public contracts are a part of this contract to the same extent as though
set forth herein and shall be complied with by CONTRACTOR. These include, but are
not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and
CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each
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r
workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-
CONTRACTOR, for each calendar day during which such workman is required or
permitted to work more than eight (g) hours in violation of the provisions of Article
Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as
permitted by law.
IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of
City, pursuant to Council action, and by CONTRACTOR on the date set before the name
of each.
CITY OF SAN JUAN CAPISTRANO
DATED: February 21, 1959 BY: (�
MAY R Gary L. Hau orfer
ATTEST:
Mary Ejlb6ver, City Clerk
APPROVED 'O FORM:
q- -
John R. Shaw, City Attorney
BY: Industrial Asphalt
CONTRACTOR
Signed :-
Title:
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2.
3.
4.
5.
--;)> 6
APPROVAL OF WARRANTS (300.3
The List of Demands dated July 13, 1989, in the total
amount of $3,426,518.80, was approved as submitted.
CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.30)
The City Treasurer's Report of Cash Fund Balances for the
month of February, 1989, in the total amount of
$515,892.67, was approved as submitted.
REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated August 1, 1989, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of July 19, 1989, was ordered received and
filed.
REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated August 1, 1989, from the Secretary of the
Parks and Recreation Commission, regarding actions taken
at the meeting of July 17, 1989, was ordered received and
filed.
REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Reports dated August 1, 1989, from the Director of
Community Planning and Development, regarding actions taken
at the meetings of June 21, July 11, and July 25, 1989,
were ordered received and filed.
REHABILITATION OF CAMINO CAPISTRANO FROM SOUTH CITY LIMITS
TO 2200 FEET SOUTH OF SAN JUAN CREEK ROAD (CAR WASH) -
As set forth in the Report dated August 1, 1989, from the
Director of Public Works, the rehabilitation of Camino
Capistrano from the south City limits to 2200 feet south
of San Juan Creek Road was completed.
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8/1/89
7.
8.
9.
0
Acceptance of Work:
The following Resolution was.adopted:
RESOLUTION NO. 89-8-1-1. COMPLETION OF THE
REHABILITATION OF CAMINO CAPISTRANO FROM SOUTH
CITY LIMIT TO 2200' SOUTH OF SAN JUAN CREEK ROAD
- 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
REHABILITATION OF CAMINO CAPISTRANO FROM SOUTH
CITY LIMIT TO 2200' SOUTH OF SAN JUAN CREEK ROAD
The Resolution accepted the work as complete in the amount
of $198,844.56 and directed the City Clerk to forward a
Notice of Completion to the County Recorder. Staff was
authorized to release the 10% retention in the amount of
$19,884.46 35 days after recording the Notice of
Completion.
ACCEPTANCE OF STORM DRAIN EASEMENT - PARCEL MAP 81-856 (LE
GRAND) (670.50)
As set forth
Director of
storm drain
transferred
accepted.
execute the
directed to
in the Report dated August 1, 1989, from the
Public Works, the easement to allow for a
previously owned by Mr. William Keele and
by sale of property to Mr. Ron LeGrand was
The Mayor and City Clerk were directed to
easement document, and the City Clerk was
record the document.
ACCEPTANCE OF RIGHT-OF-WAY - PARCEL MAP 81-856, PASEO
CHRISTINA (LE GRAND) (670.50)
As set forth in the Report dated August 1, 1989, from the
Director of Public Works, the right-of-way previously
owned by Mr. William Keele and transferred by sale of
property to Mr. Ron LeGrand was accepted to connect San
Juan Creek Road with Paseo Christina. The Mayor and City
Clerk were directed to execute the easement document, and
the City Clerk was directed to record the document.
QUITCLAIM OF EQUESTRIAN EASEMENTS, TRACT 10103
(INTERAMERICAN BUILDERS (670.50)
As set forth in the Report dated August 1, 1989, from the
Director of Public Works, the three equestrian/hiking
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8/1/89
0 0
AGENDA ITEM
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
August 1, 1989
SUBJECT: Rehabilitation of Camino Capistrano from South City Limits to 2200'
South of San Juan Creek Road (Car Wash) - Resolution, Notice of
Completion and Final Report (Industrial Asphalt)
SITUATION
The rehabilitation of Camino Capistrano from South City Limits to 2200' South of. San
Juan Creek Road 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
Industrial Asphalt
Lisa Mills. Orange County Transportation Commission
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
Not applicable.
FINANCIAL CONSIDERATIONS
The Contract was awarded to Industrial Asphalt for $164,248.09. The final project cost
is $198,844.56. The increased cost is due to additional pavement reconstruction covered
by Change Order #1 and an increase in estimated Droiect quantities.
The project is eligible for a 50% match up to $148,820 from the Orange County Unified
Transportation Trust (OCUTT) Fund. OCUTT funds in the amount of $73,911.00 were
received shortly after the award of contract. Remaining funds will be available after the
final project report is submitted.
ALTERNATE ACTIONS
1. Accept the improvements.
2. Do not accept the improvements.
3. Refer to Staff for additional information.
FOR CITY COUNCIL AGENDA
f_G
AGENDA ITEM •
August 1, 1989
Page 2
RECOMMENDATION
By resolution, determine that the work for the rehabilitation of Camino Capistrano from
South City Limit to 2200' South of San Juan Creek Road has been completed and declare
the work to be accepted; direct the City Clerk to forward a Notice of Completion to the
County Recorder for recording; and authorize Staff to release the 10 percent retention in
the amount of $19,884.46 thirty-five (35) days after the recordation of the Notice of
Completion.
Respectfully submitted,
W . D. M urp�y'
WDM/BP:Ibh
RESOLUTION NO. 89-8-1-1
--HABILITATION OF CAMINO 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF THE REHABILITATION OF CAMINO
CAPISTRANO FROM SOUTH CITY LIMIT TO 2200' SOUTH OF SAN
JUAN CREEK ROAD (INDUSTRIAL ASPHALT)
WHEREAS, on the 21st day of February, 1989, the City of San Juan Capistrano
entered into a contract with Industrial Asphalt for the Rehabilitation of Camino
Capistrano from South City Limit to 2200' South of San Juan Creek Road; and,
WHEREAS, the Director of Public Works has evaluated the final quantities and
cost figures and recommends approval.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San
Juan Capistrano, as follows:
SECTION 1. That the work required to be performed by said contractor
has been completed.
SECTION 2. That the total cost of said work is in the amount of
$19$,844.56.
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 1st day
Of _ Aucust , 1989.
ATTEST:
�.5
-1-
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. 89-8-1-1 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 1st day
of August , 1989, by the following vote:
AYES: Councilmen Friess, Buchheim, Bland and
Mayor Hausdorfer
NOES: None.
ABSENT: Councilman Schwartze
(SEAL) % MARY AN ANOV R, CITY CLERK
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Project: Rehabilitation of Camino Capistrano
Amount of Contract: $164,248.09
You are hereby notified to commence work on the referenced contract on or before
March 27, 1989, and to fully complete all of the work of said contract within 40
consecutive calendar days thereafter. Your completion date is May 6, 1989.
The contract provides for an assessment of the sum of $100.00 as liquidated damages for
each consecutive calendar day after May 6, 1989, that the work remains incomplete.
Dated this 9th day of March, 197
9 9.
�
�
Mary Ann H over, CMC
City Clerk
ACCEPTANCE OF NOTICE
Receipt Lf_ oregoing Notice to Proceed is hereby acknowledged
Zbythis /3' day of MARtHI , 1989.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171
MEMBERS OF THE CITY COUNCIL
se date, sign and return
4!
ANTHOND
`I
LAWRENCEF.B CH HEIM
LAWRENCE F.
lie City Clerk's Department.
�i'
' rnUpHcil
RIES
KENNETH E. FRIESS
' 19 IM,
1961
GARY L. HAUSOORFER
k 1776
PHILLIP R. SCHWARTZE
you.
•
CITY MANAGER
�•
STEPHEN B JULIAN
A
of
NOTICE TO PROCEED
w-n�r
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rn Sm ^T
TO. Ind„ctria.l Acphalt
13130 East Los Angeles Street
Irvindale, California 91706
v
Project: Rehabilitation of Camino Capistrano
Amount of Contract: $164,248.09
You are hereby notified to commence work on the referenced contract on or before
March 27, 1989, and to fully complete all of the work of said contract within 40
consecutive calendar days thereafter. Your completion date is May 6, 1989.
The contract provides for an assessment of the sum of $100.00 as liquidated damages for
each consecutive calendar day after May 6, 1989, that the work remains incomplete.
Dated this 9th day of March, 197
9 9.
�
�
Mary Ann H over, CMC
City Clerk
ACCEPTANCE OF NOTICE
Receipt Lf_ oregoing Notice to Proceed is hereby acknowledged
Zbythis /3' day of MARtHI , 1989.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171
Ilease date, sign and returndkiCit), Clerk's
RE4EIVE11
Fee 28 318 PM
_iIyCLE;(ENT
iEPARTM
Cly J" SAN
,110 !'0.I !- TAAM1
February 23, 1989
Industrial Asphalt
13130 East Los Angeles Street
P. O. Box 2263
Irwindale, California 91706
0
Re: Award of Contract - Rehabilitation of Camino Capistrano
Gentlemen:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. 5CHWARTZE
CITY MANAGER
STEPHEN B JULIAN
The City Council of the City of San Juan Capistrano at its regular meeting held
February 21, 1989, awarded the contract for the Rehabilitation of Camino Capistrano
South City Limit to 2,200 Feet South of San Juan Creek Road (Car Wash) to your
company at $164,248.09. Enclosed is a fully -executed copy of the Agreement for your
records. A copy of Resolution No. 89-2-21-1, requesting an allocation of funds for the
project from the Orange County Unified Transportation Trust, is also enclosed for your
information.
The City has received all bonds and insurance. You are required to return an
acknowledged copy of this Notice of Award.
Thank you for your cooperation. If we can be of further assistance, please call.
Very truly yours,
Mary Ann Hanover, CMC
City Clerk
MAH/cj
Enclosures
cc: Director of Public Works
Director of Administrative Services
Receipt ofd fore ping Notice of Award is hereby acknowledged:
a
This 27 day of -=66. , 1989.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 4931171
0 0
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of January
31, 1989, in the total amount of $19,104,826.39, was
approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
(345.60)
The City Treasurer's Report advising there were no 1911
Act Bond Delinquencies as of January 31, 1989, was approved
as submitted.
4.
5.
6.
7.
8.
REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated February 21, 1989, from the Secretary of
the Architectural Board of Review, regarding actions taken
at the meeting of February 1, 1989, was ordered received
and filed.
REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION (910.60)
The Report dated February 21, 1989, from the Secretary of
the Cultural Arts and Heritage Commission, regarding
actions taken at the meeting of February 14, 1989, was
ordered received and filed.
REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated February 21, 1989, from the Secretary of
the Equestrian Commission, regarding actions taken at the
meeting of February 14, 1989, was ordered received and
filed.
REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated February 21, 1989, from the Secretary of
the Planning Commission, regarding actions taken at the
meeting of February 14, 1989, was ordered received and
filed.
REHABILITATION OF CAMINO CAPISTRANO FROM SOUTH CITY
As set forth in the Report dated February 21, 1989, from
the Director of Public Works, the following Resolution was
adopted:
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2/21/89
RESOLUTION NO. 89-2-21-1. REHABILITATION OF
CAMINO CAPISTRANO FROM SOUTH CITY LIMITS TO
2200 FEET OF SAN JUAN CREEK ROAD (CAR WASH)
- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REQUESTING THE ORANGE COUNTY TRANSPORTATION
COMMISSION TO ALLOCATE ORANGE COUNTY
UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS
FOR CAMINO CAPISTRANO BETWEEN THE SOUTH
CITY LIMITS AND 2200 FEET SOUTH OF SAN JUAN
CREEK ROAD.
The Resolution requested that OCUTT release funding in the
amount of $73,911 for the project, which amount represents
90% of their 50% share of the engineering costs and
contract bid price. The contract was awarded to
Industrial Asphalt, in the amount of $164,248.09. The
Mayor and City Clerk were authorized to execute the
contract on behalf of the City.
9. MEREDITH CANYON, ALTO CAPISTRANO LOS AMIGOS LOS
CORRALES, MISSION HILLS. SLURRY SEAL OF CITY STREETS -
PLANS. SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS
(600.30)
As set forth in the Report dated February 21, 1989, from
the Director of Public Works, the plans and specifications
were approved for the slurry seal of specified streets in
Meredith Canyon, Alto Capistrano, Los Amigos, Los Corrales,
and Mission Hills. Estimated cost for this project is
$35,000, with funds budgeted in the amount of $100,000.
Staff was authorized to call for bids.
10. CITY INVESTMENT - COMMUNITY REDEVELOPMENT AGENCY BOND
ANTICIPATION NOTE CHANGE OF DUE DATE (340.30)
As set forth in the Report dated February 21, 1989, from
the Director of Administrative Services, the due date for
the City investment -CRA Bond Anticipation Note was changed
from June 30, 1990, to "On Demand" because of changes in
legislation for local government investment and new
financial reporting standards mandated by the National
Council on Governmental Accounting.
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2/21/89
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION
n
February 21, 1989
Stephen B. Julian, City Manager
W. D. Murphy, Director of Public Works
Rehabilitation of Camino Capistrano from South City Limits to 2200'
South of San Juan Creek Road (Car Wash) - Award of Contract
(Industrial Asphalt) and Resolution for Release of Funding (OCUTT)
Bids were opened on January 23, 1989, for the Rehabilitation of Camino Capistrano from
the South City Limits to 2200' South of San Juan Creek Road. The bids are valid until
March 9, 1989, a period of 45 days from the opening date. Bids were received as follows:
Industrial Asphalt $ 164,248.09
Sully -Miller Contracting Co. 171,910.50
Excel Paving Co. 174,418.66
R.J. Noble Company 181,247.90
Staff is recommending award of the project to the low responsible bidder, Industrial
Asphalt.
This project is 50% funded by the Orange County Unified Transportation Trust (OCUTT)
Fund and the award of contract is the appropriate time to request the release of 90% of
this funding.
NOTIFICATION
Lisa Mills, Orange County Transportation Commission
Industrial Asphalt
Sully -Miller Contracting Co.
Excel Paving Co.
R. J. Noble Company
Advance notification signs will be provided on Camino Capistrano two weeks prior to the
start of work. Signs were approved by City Council on December 8, 1988 and will be 8
feet wide by 4 feet high, with dark brown letters on a beige background (plans are
attached). Lane closures will only be permitted between 8:30 a.m. and 3:30 p.m.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
The project has been reviewed by the Environmental Review Board.
W
FOR CITY COUNCIL AGENDA....
.AGENDA ITEM . .
Date
Page 2
FINANCIAL CONSIDERATIONS
The project is eligible for a 50% match up to $148,820 from the Orange County Unified
Transportation Trust (OCUTT) Fund.
The engineer's estimate for the project is $297,640. Bids were very competitive and all
showed a considerable saving over the estimate.
The Orange County Transportation Commission will fund 90% of their 50% share of
engineering costs and contract bid price, totaling $73,911.00 at this time. Remaining
funds would be available after the final project report.
Sufficient funds are available in Account No. 12-6900-4703-137 for the construction of
the project.
ALTERNATE ACTIONS
1. Award the contract for Rehabilitation of Camino Capistrano from South City Limits
to 2200' South of San Juan Creek Road to the low responsible bidder, and request
funding release from the Orange County Transportation Commission.
2. Do not award the contract.
3. Request further information from Staff.
RECOMMENDATION
By motion, award the contract for Rehabilitation of Camino Capistrano from South City
Limits to 2200' South of San Juan Creek Road to the low responsible bidder, Industrial
Asphalt, in the amount of $164,248.09, and reject all other bids. Authorize the Mayor
and City Clerk to execute the documents on behalf of the City. By resolution, request
the Orange County Transportation Commission release $73,911.00 in funding for the
project.
Respectfully submitted,
�� N (,/1 ��In
W. D. Murphy
WDM/BP:nb
RESOLUTION NO. 89-2-21-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE ORANGE
COUNTY TRANSPORTATION COMMISSION TO ALLOCATE
ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT)
FUNDS FOR CAMINO CAPISTRANO BETWEEN THE SOUTH CITY
LIMIT AND 2200 FEET SOUTH OF SAN JUAN CREEK ROAD
WHEREAS, Chapter 1512, Statutes of 1985, allows the Orange County
Transportation Commission to allocate funds from the rapid transit reserve to local
agencies for the improvement, construction, or repair of local streets and roads; and,
WHEREAS, the Orange County Transportation Commission approved a $12
million OCUTT Streets and Roads Program on April 14, 1986, covering fiscal years 1986-
87 through 1988-89; and,
WHEREAS, the program includes $148,820 in fiscal year 1988-89 for an overlay
project on Camino Capistrano between the South City Limit and 2200' South of San Juan
Creek Road.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano hereby requests that the Orange County Transportation Commission
allocate $5,475.00 for construction engineering and, $68,436 for construction, for a total
of $73,911.00 in OCUTT funds to the City. This request is in conformance with the
OCUTT allocation process and does not exceed ninety percent (90%) of the OCUTT share
of the construction contract.
BE IT FURTHER RESOLVED, that the City of San Juan Capistrano agrees to
fund its share of the improvement costs in fiscal year 1988-89 and any additional costs
over the programmed OCUTT amount of $148,820.
BE IT FURTHER RESOLVED, that the City of San Juan Capistrano has
awarded the contract for the project on February 21, 1989, for $164,248.09.
BE IT FURTHER RESOLVED, that the City of San Juan Capistrano has:
1. designed the project improvements in accordance with the City's
design standards;
2. not acquired any additional right-of-way for the project; and,
3. completed and certified all required environmental documentation
for the project.
-1-
0
r]
BE IT FURTHER RESOLVED, that the remaining ten percent (10%) in OCUTT
funds will be transferred to the City of San Juan Capistrano when construction is
completed and a final report on the project is accepted by the Orange County
Transportation Commission. The City of San Juan Capistrano agrees to submit the final
report to the Orange County Transportation Commission within ninety (90) days after the
City's acceptance of the improvements.
PASSED, APPROVED, AND ADOPTED this
of February ,1989.
ATTEST:
21st
A, RY I . HAUSDORFER, M OR
Y CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
day
1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 89-2-21-1 adopted by. the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 21st day
Of February , 1989, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland and Mayor Hausdorfer
NOES: None
ABSENT: None
i
(SEAL) Y
A Y AN ( ANOVER, CITY CLERK
-2-
171
C�
CITY OF SAN JUAN CAPISTRANO
REHABILITATION OF CAMINO CAPISTRANO
SOUTH CITY LIMIT TO 2200 FEET SOUTH
OF SAN JUAN CREEK ROAD (CAR WASH)
PARDON THE INCONVENIENCE
ASPHALT OVERLAY PROJECT
TO IMPROVE CAMINO CAPISTRANO
(DATE) THROUGH (DATE)
CITY OF SAN JUAN CAPISTRANO
ADVANCE NOTIFICATION SIGNS
u �4GEA'-DA _...�.1
e% M44iPOS4
' WAvv hi
� u
o a
= z RpMf RO �
W
2 �
O
-cal
JEL A,.A,.,,,�p2
�h:01LF wO�RRR �H
ARJ
�REE�
•j ME Ri�E .
OF SAN JUAN CAPISTRANO
ASPHALT CONCRETE OVERLAY
OF CAMINO CAPISTRANO
Via a 2 I 1 SOUTH CITY LIMIT
\y ° I TO 2200 FT SOUTH OF
SAN JUAN CREEK ROAD (CAR WASH)
C44
n
AV
4-E
PERFORMANCE BOND
-Bond No.B144 88 74
KNOW ALL MEN BY THESE PRESENTS: Premium $739.00
That INDUSTRIAL ASPHALT ,
as Principal, hereinafter called CONTRACTOR, and RELIANCE INSURANCE COMPANY
as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San
Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of one Hundred Sixty -
Four Thousand Two Hundred Forty -Eight a 09/liQollarsfor 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):
The Rehabilitation of Camino capistrano South City Limit to 2200 ft. South
of San Juan Creek Road
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-
7
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 2nd day of February
Glendale . California.
APPROVED AS TO FORM
PRINCIPAL
INDUSTRIAL
(NOTARIZATION AND SEAL)
SURETY
1989 , at
RELIANCE INSURANCE COMPANY
Matt Drumrig t,Attorney in Fact
(NOTARIZATION AND SEAL)
-21-
State of California,
SS.
County of _ Los Angeles ,
On this 2 day of February in the year 1989 , before me Notary of Public
personally appeared_ Matt Drumright , personally 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 RELIANCE INSURANCE COMPANY and, acknowledged to me that RELIANCE INSURANCE COMPANY executed the
instrument.
MARIA LUISA CHUA
NOTARY PUBLIC -CALIFORNIA
LOS ANGELES COUNTY
My Commission Expires April 23, 191
My
BDR-1818 ED. 6/83 fCALIF.)
19— GLVr ✓ t ",
Notary Public in and for said County
i STATE OF CALIFORNIA
ss.
COUNTY OF Los Angeles
On this6tt ay of February in the year 19 8 9, before me, the
undersigned, a Notary Public in and for said State, personally appeared
Dwight Beavers and
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument as President and Secretary, respectively, of the
Corporation named therein, said Corporation being personally known to me (or proved to me
OFFICIAL SEAL on the basis of satisfactory evidence) to be the person that executed the within instrument on
o Bertha R. Muncie behalf of the General Partnership named therein, and acknowledged to me that the
o NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN General Partnership executed it.
LOS ANGELES COUNTY
My Commission Expires May 31. 1992 WITNESS my hand and official Se
ACKNOWLEDGMENT BY CORPORATION WHICH IS A GENERAL PARTNER
OFGENERAL
LCORR LIMITED
INC PARTNERSHIP—Wolcotts Form 230CA
"DI
Notary Public and for said .
R,E CE IrJBUFi.A24CE jrPA�TY
D OFFICE, PHILADELPHIA. PENNSYLVANI
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, TM the RELIANCE INSURANCE COMPANY,@ corporation duty orp.nlzed under the larva of the State of
gnnsylwnin. don hereby mels, constitute and appoint
MATT DRUMRIGHT of GLENDALE, CALIFORNIA ------------------
its true Ind lawful Attorney -in -Fact, to mask@, execute, wal and deliw for end on its behalf, and a Its M and dwd
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP -----------------
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the sent extant a if such bonds and undertakings and other writings
obligatory in the nature thereof wart signed by an Emcutiw Officer of the RELIANCE INSURANCE COMPANY and wlad and attested by ons other
of such officers, and hereby ratifies and confirms all that its mid Anornay(s)-in-Fact may do in pursuance heracf.
This Power of Attorney Is granted under and by authority of Article VII of the BY -Laws of RELIANCE INSURANCE COMPANY which became
atfeciie September 7, 1978, which prorisiont are now in full torp and affacn, reading as lollorw:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President. the Chairmen of the Board, any Senior Vice President. any Vim President or Assistant Vim President
or other officer designated by the Board of Directors stall taw power and authority to (al appoint Attorneys -in -Fact and to authorize them to execute
on behalf of the Company, bonds Intl undertakings, recognizanmt, contracts of indemnity and other writings obligatory in the nature thereof, and (b)
to iamcw any such Attornev4n-Fact at any time and revoke the power and authority given to him.
2. AttorMys-in-FM shell haw power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deiwr on behalf of the Company, bonds and undertakings, rerognizances, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate cul is not neressery for the wl Wiry of any bonds and undertakings, rtcognlzances. contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys -in -Fact still haw power and authority to execute affidavits required to be attached to bonds, recognizancas, contracts of indem-
nity
ndentnity or other conditional or obligatory undertakings and they shell ale haw power and authority to certify the financial statement of the Company and
to copies of the By-laws of the Company or any artica or action thereof.
This pow«ar of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Bard of Directors of
RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of Juno, 1979, of which a quorum was present, and mid Resolution hes not been
amended or repaeled:
"Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney w any cartifimte relating thereto by facsimile• and any such power of attorney or cartifimta bearing such facsimile
signatures w facsimile cul shell be "lid and binding upon the Company and any such power w executed and certified by
facsimile signatures and facsimile seat shell be "IW and binding upon the Company in the future with respect to any bond or
undertaking to which it is attacked.-
IN
ttached-IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY hes mused thew presents to be signed by its Vice Resident, and Itsc>orporate cul to
beheratuaffixed. this 10th day of March 19 88
r--. RELIANCE INSURANCE COMPANY
Nim Resident
STATE OF Washington
COUNTY OF King
On this 10th day of March • 1988pnacnaflyappaared Lawrence W. Carlstrom
to me known to be the Vim -President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing
Instrument and affixed the sale of wed corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of mid Company and the Rnolu-
tion, at fond therein, we Kill in full lora.
m'>
My Conshmhoion Expires; r'rolr�,'t>6
May 15 is 90 2'',. ta" '
•. v Notary ►retie in and ler Su(/.f Wash ' g t 0 n
Residing at Tacoma
1 John E. Vance Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above
and foregoing Is a true and corrac copy of a Power of Attorney executed by seal RELIANCE INSURANCE COMPANY, which is still in full form and
affect.
IN WITNESS WHEREOF. I he" herannto wt my hand and affixed the see of seal Company this 2 day of FEBRUARY 1989.
f ~�
BOR -14331 Ed. EM ,\. Assistant Secretary
John E. Vance
0 0
Bond No.B144 88 74
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 INDUSTRIAL ASPHALT . License
No. , hereinafter designated as "Principal", a contract for The Rehabilitation of
Camino Capistrano South City Limit to 2200 ft. South of :and
San Juan Creek Road
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 INDUSTRIAL ASPHALT
Principal, and RELIANCE INSURANCE COMPANY . as surety, are
held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the
penal sum Of one Hundred Sixty -Four Thousand/ Two Hundred
noyTght DOLLARS
($ 164,248.0)l lawful money of the United States of America, for payment of which sum
well and truly to be made we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its
heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to
pay for any materials, provisions, provender, or teams, or other supplies or equipment
used in, upon, for or about the performance of the work contracted to be done, or for any
work or labor done thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor as required by the provisions of Title 1,
Division 3, Chapter 3 of the Government Code of California as amended, that the surety
will pay for the same in an amount not exceeding the sum specified in this bond and also
in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the
court. This bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under said act, so as to give a right of action to them
or their assigns in any suit brought upon this bond.
FURTHER, the said surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or modification of the contract documents or of
the work to be performed thereunder shall in any way affect its obligation on this bond
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the contract documents or of work to be performed thereunder.
As a part of the obligation secured hereby, and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
-22-
RELAYDO INBUR.ANCE PANY
D OFFICE. PHILADELPNIA,►ENNSYLVANI
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, Rat the RELIANCE INSURANCE COMPANY,* corporation duly organized to civr the Inns of the State of
Nnhnsyhwnla, don hereby maks, constitute and appoint
MATT DRUMRIGHT of GLENDALE, CALIFORNIA ------------------
its true and lawful Att«ney-in-Fwt, to rake, execute, rel and deliver for and on its behalf, and as its act and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP -----------------
and to bind the RELIANCE INSURANCE COMPANY thereby at fully and to the ume extant a it such bonds and undertakings and other writings
obligatory in the nature therwf wan signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and affected by one other
d such officers. and hereby ratifies and confirms all that its mid Atorney(sl-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By -Lows of RELIANCE INSURANCE COMPANY which became
effective September 7, 1978, which provisions are now in full force and effect, reading es follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Burd of Directors, the Resident, the Chairman of the Board, any Senior Vie Resident, any Vice President or Assistant Vim President
or other officer dev it sited by the Burd of Directors shalt have powet and authority to fol appoint Atiorneys-in-Fan and to authorize them to execute
on behalf of the Company, bonds and undertakings, recognianms, contracts of indemnity and other writings obligatory in the nature thereof, and (b)
to remove any such Atterray-in-Fact at any tiro and revoke the power and authority given to him.
2. Attorneys -in -Fact shell how power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, recognianos, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate mal is not necessary for the validity of any bonds end undertakings, recognianes, contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys -in -Fact daft haw power and authority to execute affidavits required to be attached to bonds, recogniances. contracts of indem-
nity or other conditional or obligatory undertakings and they shall also hove power and authority to artily the financial tanrnent of the Company and
to copes of the By -Laws of the Company or any article or section thereof.
This power of attorney is Signed and noted by facsimile under and by authority of the following Resolution adopted by the Board of Directon of
RELIANCE INSURANCE COMPANY at a malting held on the Stn day of June, 1979, at which a quorum was present, and mid Resolution hes not been
amended or repeated:
"Resolved,thet the sigraturr of such directors and officers and the rat of the Company may be affixed to any such power of
attorney a any oertifimle relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be slid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile mal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, she RELIANCE INSURANCE COMPANY has pound then presents to be signed by its Vim Resident, and inoorporite not to
be hereto affixed, this 10th day of March 19 88
RELIANCE INSURANCE COMPANY
Vie Resident
STATE OF Washington
COUNTY OF Kin } es.
9
On this 10th d9v of March • is BBpara"ally appaarad Lawrence W. Carlstrom
to era known to be the Vie -President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing
Instrument and affixed the re of rid corporation theratc, and that Article VII, Section t, 2, and 3 of the By -Laws of mid Company and the Revolu-
tion, sot forth therein, we pill M full fore.
My Caornisan Expires:
Iv1�04-rb6
Ma 15 .19 90 nB1`
y .. .. � Nonny Public in and f« sot of Wash g t o n
meq...
Residing at Tacoma '
1
John E . Vance Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify, that the above
and foregoing is a true and correct copy of a Power of Attorney executed by mid RELIANCE INSURANCE COMPANY, which is till in full form and
affect.
IN WITNESS WHEREOF, I how hereunto set my hand and affixed the mal of mid Company this 2 day of FEBRUARY to 89
BOR -1431 Ed. {M.\® Assistant Secretary
John E. Vance
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 2nd day of February
19 e9 . 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
INDUSTRIAL ASPHALT
PRINCIPAL
RELIANCE INSURANCE COMPANY
SURETY
BY ::2�
Matt Drumri ht,Attorney in Fact
-23-
STATE OF CALIFORNIA
COUNTY OF LOS Angeles
OFFICIAL SE]1992
ao ; Bertha R. M
o NOTARY PUBLIC CA
PRINCIPAL OFR
•^` LOS ANGELES C
My Commission Expires May
On this 6t"tl2y of FPhruary in the year 19$2, before me, the
undersigned, a Notary Public in and for said State, personally appeared
Dwight Beavers and
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument as President and Secretary, respectively, of the
Corporation named therein, said Corporation being personally known to me (or proved to me
on the basis of satisfactoryl Generaevidence) to be the person that executed the within instrument on
behalf of the Partnership named therein, and acknowledged to me that the
General Partnership executed it.
`I WITNESS my hand and ofliclal se ///J //�7
i ACKNOWLEDGMENT IT DCORPORATIONPARTNERSH WHICH IS A Form
23L PARTNER
I oise2Nwoico"TTs irrico PAnrNEnsHIP–vmmons Eorm zsocA Notary Public in and for said -State.
State of California,
SS.
County of LOS ANGELES
On this L , day of FEBRUARY in the year 1989 , before me Notary of Public
personally appeared nnatt nr„mright , personally 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 RELIANCE INSURANCE COMPANY and, acknowledged to me that RELIANCE INSURANCE COMPANY executed the
instrument.
utrn.— -- CHUA
MARIA LUISA
GUN
NOTARY PUBLIC-CALIf
IYNIA
LOS IN ELLS CArt P3, 13
My commission 1xPit P
My Conrtggi b
BEIR-1818 ECI.6/83 (CALIF.)
dGt CGv��/=7Gf t��
19
Notary Public in and for said County
• •
B I D O P E NI N G R E P O R T
Bids opened January 23 1989 at 2,00 am/pm
Project Title Rehabilitation of Camino Car strano
Project Engineer Brian Perry Pre—Bid Estimate 297.640
Bid Bid
Bidder: Amount Bond
1 Excel Paving Company
2. Industrial Asphalt
3 R. J. Noble Company
4. Sully -Miller Contracting Co. /'71 rq
5.
6.
7.
8.
9.
10.
cc: City Clerk's Staff (3) Signed
Public Works (3)
City Manager (1) Dated%
The above bid amounts have not been checked.
The bid totals are subject to correction after
the bids have been completely reviewed.
BID BOND Bond No.
KNOW ALL MEN BY THESE PRESENTS, that we, INDUSTRIAL
, as PRINCIPAL, and
RELIANCE INSURANCE COMPAV%3 SURETY, hereinafter called Surety, an
firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinal
City, in the sum of $ 10% , for payment whereof Principal and S
themselves, their heirs, executors, administrators, successors, and assigns, j
severally, fairly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the Pri
submitted the accompanying[ bid dated January 23. 1989 for the ca
The Rehabilitation of Camino Ca Li�to
Of zwn Ft_ Snnth of an Juan Creek Rd_
City of San Juan Capistrano, Orange County, California.
NOW, THEREFORE, if the Principal shall not withdraw said bid within
days after the opening of same, and shall, within fifteen (IS) days after the
has been presented to him for execution, enter into a written contract with t
accordance with the bid as accepted, and if the Principal shall give the reqs
with good and sufficient sureties, or sureties for the faithful performance a
fulfillment of such contract and for the protection of laborers and materials
he event of the withdrawal of said bid within the periods specified, or the
nter into said contract and give said bond within the time specified, if the
hall within sixty (60) days after request by the City, pay the City the i
tween the amount specified in said bid and the amount for which the City ma
he required work and/or supplies if the latter amount be in excess of the for
he above obligation shall be void and of no effect, otherwise to remain in full
Further, as a part of the obligation secured hereby, and in addition t<
it specified therefor, there shall be included costs and reasonable exp
including reasonable attorney's fees, incurred by City in successfully enfo
tion, all to be taxed as costs and included in any judgment rendered.
-18-
0
.. •
IN WITNESS WHEREOF, the above -bounden parties have imccutgd this
instrument under their several seals this 2nd day of 2 _a 0. e9➢ the name and
corporate seal of each corporate party being affixed heerw?o and these presents duly
signed by Its undersigned representative pursuant to authority of its governing body.
Two Witnesses (If Individual)
C
ATTEST (If Corporation)
Corporate Seal
ATTEST
Title
INDUSTRIAL ASPHALT
PRINCIPAL
Title: q, �.—�r�rStf • �� x
RELIANCE INSURANCE COMPANY
SURETY
BY:
Matt Drumright
Title: Attorney in Fact
-19-
i.
Stats of California,
County of Los Angeles SS -
On this 2nd day of February In the year 1989
Personally appeared. Matt Drumright y before me Notary of Public
y personally 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 RELIANCE INSURANCE COMPANY and, acknowledged to me that RELIANCE INSURANCE COMPANY executed the
instrument.
Oil
BDR-1818 E13.6/83 (CALIF.)
, 19 _C�! ut (/ '7 Gam" Z/ L Zc f✓
Notary Public in and for said County
STATE COUNTY OF CALIFORNIAA
lss.
Los Angeles )) 11
On this 6th -day of February in the year 199betore me, the
undersigned, a Notary Public in and for said State, personally appeared
Dwight Beavers and
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
a persons who executed the within instrument as President and Secretary, respectively, of the
"o " CC�rPita F<.Sl,r,c.ie Corporation named therein, said Corporation being personally known to me (or proved to me
--!�' N.vAW, F "PLlc CA Fo6wA
PR!N IPAt. orrlrE w on the basis of satisfactory evidence) to be the person that executed the within instrument on
Los Ewes M y 31C(AN behalf of the General Partnershipnamed therein, and acknowledged to me that the
My Commission Expires h1By?!. 1992 Partnership executed it. g
..�-.-.-.�.-.,._..�.. General
II WITNESS my hand and official seal II
ACKNOWLEDGMENT BY CORPORATION WHICH IS A GENERAL PARTNER
OF GENERAL OR LIMITED PARTNERSHIP—Wolcotts Form 230CA
u19e2 WOLCOTTS, INC. Notary Public in and for said tate.
RECE IIV3UR.ANCEPa4NY
D OFFICE, PHILADELPHIA, PENNSYLVANI
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the RELIANCE INSURANCE COMPANY,a corporation duly orpanisedunder the lays of the State of
Rsnnaylwtia, does hereby make, sonatltna and appoint
MATT DRUMRIGHT of GLENDALE, CALIFORNIA ------------------
its tree end lawful Attorney-ikFact. to make, execute, 6001 and dal icor for and on its behalf, and as its act and dead
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP -----------------
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same anent a if such bonds and undertakings and other writings
obligatory in the nature ttWWf were signal by an Executive Officer of the RELIANCE INSURANCE COMPANY and smled and attested by ons other
of such officers, and hereby fatifim and confirms all that in mid Anornay(skit-Fact may do in purtanm hereof.
This Power of Attmnay, is Vented under and by authority of Article VII of the By -Lam of RELIANCE INSURANCE COMPANY which became
affe ,w September 7, 1978• which provisions are row in full form and affect, reading m follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors. the President, the Chairmen of the Burd, any Senior Vin President, any Vin President or Assistant Vim President
or other officer designated by the Burd of Directors shell her. power and authority to hal appoint Attornays-in-Fan and to authorize them to execute
on behalf of the Company, bonds and undertakings, m"nianms, contracts of indemnity and other writings obligatory in the nature thereof, and fb)
to remove any such Atwrrwytin-Fact at any time and revoke the power and authority given to him.
2. Atiormys-in-Flet shell hays power and authority, subject to the terms and limitations of the pourer of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, reoognlunot, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings, ramgniunms, contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys -in -Fact shall here power and authority to execute affidavits required to be mached to bonds, recogniumm, contracts of indem-
nity or other conditional w obligatory undertakings and they shatl also hart power and authority to mrtify the financial statement of the Company and
to =pow of the By -Lam of the Company or any attire or e ion thereof.
This pdwver of attorney is signed and msied by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meeting held on the 511, day of June, 1979, at which a quorum was present, and mid Rewlution hes not been
amended or repealed:
-Resolved, that the signatures of such directors and officers and the not of the Company may be affixed to any such power of
anormy or shy mrtifima relating thereto by facsimile, and any such power of attorney or mnificata bearing such facsimile
signatures or facsimile sal {lull be valid and binding upon the Company and any such power w executed and mnified by
fs irnile signaturm and facsimile seal "It be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached. -
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has {used then presents to be signed by its Vim President, and hscerporate mal to
be hereto affixed, this 10th day of March 19 88
.�-. RELIANCE INSURANCE COMPANY
�- �✓�
President
STATEOF Washington
COUNTY OF King } m.
On this 10th dw of March .19 88 Paraonally appoered Lawrence W. Carl Strom
to Ina known to he the Vics President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing
Instrument and affixed the 9W of mid corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Lars of mid Company and the Reemlu-
tion, cot forth therein, we Rill In full two@. IF
My Comminion Expires: ';s"` wt.
% IIOnRr +i
May 15 '19 90 ' a"" A Notary Public in and for Sha of Wash ' g t o n
Residing at Tacoma
h John E. Vance Assistant Secretary of the RELIANCE INSURANCE COMPANY, de hereby unify that the above
and foregoing is a true and correct copy of a Power of Attorney executed by mid RELIANCE INSURANCE COMPANY, which is Rill in full form cud
often.
IN WITNESS WHEREOF, 1 how la rounto cot my hand and affixed the aml of mid Company this 2nd by ar February 111111319 -
{DR•1431 E6 {/7{ I Assistant Seventy
IW John E. Vance c
The Pi lo. Im, m9
11.4 1$-nd-d.d in IN
RELIAN INSURANCE C9 A_1, Y Mit� Bid annU eW,,,.
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
Bond NOU365337
BID BOND
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. DOCUMENT NO. A-310 (FEB. 1970 ED.)
KNOW ALL MEN BY THESE PRESENTS, that we
INDUSTRIAL ASPHALT
as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of
Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania,
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of San Juan Capistrano
as Obligee, hereinafter called the Obligee, in the sum of Ten percent (108) of total amount bid
Dollars I$ 1,
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for Camino Capistrano from South City Limits
to 2200 ft. South of San Juan Creek Road.
Opening Bid 1/23/89
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for
the faithful performance of such Contract and for the prompt payment of labor and material fur-
nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract
and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid,
then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 12
(Witness)
BDR-2305 Ed. 10-73
day of January A.D.19 89
INDUSTR L ASP
(Principal) Sad
(Title)
RELIANCE INSURANCE COMPANY
Matt Drumright,A orney in Fact
STATE OF CALIFORNIA
COUNTY OF S
z OFFICIAL SEAL
WANDA WOEY
F"I*NOTARY PLELIC-CALIPoRMA
LOS ANGELESCOIRtryISSION ERP. NAY I. t90o
ACKNOWLEDGMENT BY CORPORATION WHICH IS A GENERAL PARTNER
OF GENERAL OR LIMITED PART NERSHIP-Wolca9s Form 230CA
01902 WOLCOTTS, INC
State of California,
SS.
County of Los Angeles
On this /A ay of j4lo o.4,e y , in the year 19_u
undersigned, a Notary Public in and for said State, personally appeared
before me, the
and
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument as President and Secretary, respectively, of the
Corporation named therein, said Corporation being personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person that executed the within instrument on
behalf "o�f'the a �2.e.aa.2 Partnership named therein, and acknowledged to me that the
L� Partnership executed it.
WITNESS my hand and official seal.
n and for
On this 12 , day of January in the year 1989 , before me Notary of Public
personally appeared Matt Drumright , personally 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 RELIANCE INSURANCE COMPANY and, acknowledged to me that RELIANCE INSURANCE COMPANY executed the
instrument.
OFFICIAL SEAL
SYLVIA T RIVAS
o NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
M Comm. EIR Ian. 28. 1989
<�-
My Commission expires 19 —
L� Notary Public in and for said County
BDR-1818 ED.6/83 (CALIF.)
RE CE IP18iJR.J�aNCE C p
D OFFICE, PHILAGELPHIi.PENNSYLVANIAW
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly ergsniaed under the law of the State of
Nnmylwnle, does hereby male. contltNe and appoint
MATT DRUMRIGHT of GLENDALE, CALIFORNIA ------------------
its true and lewfW Attcensy-in-Fact. to make, execute, aW and doliwr for and on its behalf, and n In act and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP -----------------
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the tame extant as if such bond and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Office of the RELIANCE INSURANCE COMPANY and tested and attested by one other
of such officers, and hereby ratifies and confirms all that its raid Attoroay(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is Wanted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became
dfwtiw September 7, 1979, which provisions are now in full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vim President, any Vin President or Assistant Vim President
or other officer designated by the Board of Directors $hall hew power and authority to (al appoint Attorneys -in -Fact and to authorise them to execute
on behalf of the Company. bonds and undertaking$, recognizance, contracts of indemnity and other writings obligatory in the nature thereof, and (bl
to remove any such Attorney -in -Feet at any time and revoke the power and authority given to him.
2. Attorneys -in -Fact $hall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and doliwr on behalf of the Company, bond and undertakings, recognizonme, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate east is not necessary for the validity of any bonds and undertakings, recopnizanms, contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorno"4n-Fact "It how power and authority to ex9cuto affidavits required to be attached to bond, reeognizanoe, contract, of indem-
nity or other conditional or obligatory undertakings and they ,hell also hew power and suthwity to artily the financial sunment of the Company and
to copies of the By-laws of the Company or any article or section thereof.
This power of attorney is signed and amled by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meeting held on the Sth day of June, 1979, at which a Quorum was present, and said Resolution has not been
amended or repealed:
-Resolved, that the signatures of such directors and officer, and the seal of the Company may be affixed to any such power of
attorney many certificate relating thereto by facsimile, and any such power of attorney or onifimte bearing such facsimile
signatures or facsimile vel thall be valid and binding upon the Company and any such power n executed and unified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bend or
undertaking to which it is attached. -
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vim President, and its corporate reel to
be hereto affixed, this 10th day of March 19 88
RELIANCE INSURANCE COMPANY
Vice hesidaM
STATEOF Washington
COUNTY OF King } ..
On this 10th day of March , 1988 personally aPPwed Lawrence W. Carlstrom
to me known to be the Vim -President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing
Instrument and affixed the sale of mid corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of mid Company and the Resolu-
tion, on forth therein, re Kill In full force.
My Commission Expires: .!' ?fie
nenF ,
May 15 19 90 Notary Public in and for Staof Wash' gton
Residing at Tacoma
1 John E. Vance , Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above
Was foregoing is e true and correct miry, of a Power of Anorrny executed by said RELIANCE INSURANCE COMPANY, which is Kill in full fon and
effect.
IN WITNESS WHEREOF, I hew hereunto ase my hand and affixed the owl of mid Company this 12 day of January 1989
9DR-1431 Ed. SnO \® Assistant Secretary.
John E. Vance
LJ
BID PROPOSAL
0
For the: REHABILITATION OF CAMINO CAPISTRANO SOUTH CITY LIMIT
TO 2200 FEET SOUTH OF SAN JUAN CREEK ROAD (CAR WASH)
Industrial Asphalt
From:
Contractor
To the Honorable City Council
City of San Juan Capistrano
Gentlemen:
The undersigned, as bidder, declares that he has carefully examined the location of the
proposed work as described, examined the Plans, Specifications, Special Provisions, and
the Standard Specifications for Public Works Construction, 1988 Edition, including all
supplements therefor, read the Instructions to Bidders, and is familiar with all proposal
requirements, and hereby proposes and agrees, if the proposal is accepted, to complete
the said construction in accordance with the Contract Documents, as defined in Section
1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump
sum given on the following pages of this proposal, amounting to a total of:
Ow A;wdReo six7Y FP A7]fwsaaa. �i�l,&wao FnurII, GJ<.NT $ 6 24 a
Words T I)oLUg l-OVIA00 Figures
Said amount to include and cover all taxes, the furnishing of all materials, the
performing of all the labor requisite or proper and the providing of all necessary
machinery, tools, apparatus, and other means of construction; also, the performance and
completion of all the work in the manner set forth, described and shown in the Specifica-
tions or the drawings for the work.
If the contract is awarded, the undersigned agrees to enter into a contract with the City
and to commence work within fifteen (15) calendar days from the date of execution
thereof, and to diligently prosecute the work to completion before the expiration of forty
(40) calendar days.
All bids are to be computed on the basis of the given Estimated Quantities of Work, as
indicated in this proposal, times the unit prices as submitted by the bidders. In case of
discrepancy between words and figures, the words shall prevail. In case of discrepancy
between unit prices and the extension thereof, the unit price shall prevail and bids will be
computed as indicated above and compared on the basis of corrected totals.
-3-
0 0
The estimated quantities of work indicated in the proposal are approximate only being
given solely as a basis for comparison of bids. It is understood that the City does not
expressly, nor by implication, agree that the actual amount of work will correspond
therewith, but reserves the right to increase or decrease the amount of any item or
portion of the work or to omit portions of the work as may be deemed expedient by the
Engineer.
It is also understood by Bidder that the City of San Juan Capistrano has the right to
reject this proposal or to award a contract to the undersigned at the prices stipulated. If
the proposal is rejected, then any check or cashier's check shall be returned to the
undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is
accepted and the undersigned fails to enter into a contract within fifteen (15) days after
the agreement is delivered to him for signature, or within such further time as may be
granted by the City Council, then said check shall be cashed or said bond declared forfeit
and an amount equal to the difference between the lowest bid and the next lowest bidder
who will execute a contract shall be paid into the treasury of the City of San Juan
Capistrano as liquidated damages for the failure of the undersigned to comply with the
terms of this proposal.
Accompanying this proposal is Bidder's Bond (Insert
'$ cash", cashier's check, certified check or bidder's bond on the forms from
Pages 18 and 19 of these Contract Documents, as the case may be), in an amount equal
to at least ten percent (10%) of the total bid.
The following is the name and place of business of the surety company which will furnish
the required bonds as surety if the work is awarded to the undersigned:
Reliance Pacific Surety Managers, P 0 Box 29008, Glendale, Ca., 91203
Licensed in accordance with an act providing for the registration of contractors —
License No. 453477-A
Signature of Bidder:
Industrial Asphalt
-4-
0
0
(If an individual, so state. If a firm or co -partnership, state the firm name and give the
names of all individual co-partners composing the firm: President, Secretary, Treasurer,
and Manager thereof.) Industrial Asphalt, A Partnership
January 23 1989 Huntmix, Inc., General Partner
,
Dated: P 0 Box 2263, Irwindale, Calif. 91706
Business Address
Dated:
818-814-1420
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.
Industrial Asphalt,
Dated: January 23, 1989 By'���° u
Signature of Bidder
Dated:
-5-
818- 814-1420
Telephone Number
0
SCHEDULE OF WORK ITEMS
I2
Total Amount
$ 3'13" C
$ 223`.0o
$ t �SA9b'
$ 3Zcl.oa
$ 0 657.14-
$ DDo
Approximate
Work Items With Unit Price
Unit Price
Item
Quantity
(Written in Words)
(In Figures)
1
32,100 S.F.
Cold plane A.C. 2" deep for the
unit price of
S/jth'da t�!trs
dollars per square foot.
$ . IG
2
17,200 S.F.
Cold plane A.C. 1 I" deep to
zero for the unit price of
7)4jR7W)j 44Vv j t
dollars per square foot.
$ . 13
3
39,305 S.Y.
Furnish and install pavement
reinforcing fabric for the unit
price of S> ►du�Mrri:
dollars per sq. yd.
%y
$
4
291 Ton
Remove existing asphalt
concrete for the unit price of
6L&VS4J t tun/jm
dollars per ton. '—
$ !p0
5
3,482 Ton
Furnish and install asphalt
concrete for the unit price of
%QLcAvTy NiAid * 77400
dollars per to—n. 1
$ n77
6
39 Ea.
Adjust frame and cover to grade
for the unit price of
Ow Fluu[1U0 Em,4:ryr�!w
dollars per each.
$ 00
1_
7
LS
Furnish and install pavement
markings for the lump price of
E/�rlr7Na�saa.o' ulwne,//.A>�te� %wt7�F,,rr
dollars.
8
LS
Traffic control for lump sum
price of M&F 7AWS.en0 r Ap/ice
dollars.
Total Bid Price (Enter here and on Page 3
0#8
AIJN 60 s) S47Y
*"JL 7bloa6 4440
74-o
-+ D9Jeo $ i(d 24�
09
Words
--� Figures
I2
Total Amount
$ 3'13" C
$ 223`.0o
$ t �SA9b'
$ 3Zcl.oa
$ 0 657.14-
$ DDo
5. REPORT OF ECONOMIC DEVELOPMENT COMMISSION (470.20)
The Report dated December 6, 1988, from the Secretary of the Economic
Development Commission, regarding actions taken at the meeting of
November 2, 1988, was ordered received and filed.
6. REPORT OF EQUESTRIAN COMMISSION (930.40)
The Reports dated December 6, 1988, from the Secretary of the Equestrian
Commission, regarding actions taken at the meeting of November 14, 1988,
and the Adjourned Regular Meeting of November 28, 1988, were ordered
received and filed.
7. REPORT OF LOS RIOS REVIEW COMMITTEE (400.50)
The Report dated December 6, 1988, from the Secretary of the Los Rios
Review Committee, regarding actions taken at the meeting of November 17,
1988, was ordered received and filed.
8. REPORT OF PARKS AND RECREATION COMMISSION (920.20)
The Report dated December 6, 1988, from the Secretary of the Parks and
Recreation Commission, regarding actions taken at the meeting of November
21, 1988, was ordered received and filed.
9. REPORT OF PLANNING COMMISSION
The Report dated December 6, 1988, from the Secretary of the Planning
Commission, regarding actions taken at the meeting of November 22, 1988,
was ordered received and filed.
10. REHABILITATION OF CAMINO CAPISTRANO, SOUTH CITY LIMITS TO 2,200 FEET
SOUTH OF SAN JUAN CREEK ROAD CAR WASH OCUTT 600.30 <Z --
As set forth in the report dated December 6, 1988, from the Director of
Public Works, the plans and specifications were approved for the asphalt
concrete overlay of Camino Capistrano from the south City limits to 2,200
feet south of San Juan Creek Road. Funds were budgeted in the 1988-89
fiscal budget, with sufficient funds available for the construction of
the project. The estimated cost for the project was $297,640, and the
project is 50% funded by the Orange County Unified Transportation Trust
Fund (OCUTT), which has allocated $148,820, which must be encumbered by
August 31, 1989• Staff was authorized to call for bids.
11. PURCHASE OF CENTRAL IRRIGATION CONTROL SYSTEM (600.
As set forth in the report dated December 6, 1988, from the Director of
Public Works, the specifications for the purchase of a Central Computer
Controlled Irrigation System were approved, which will monitor and
control the application of irrigation water. Funds in the amount of
-3-
12/6/88
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 (40) 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: eCPiih�Gr
CITY C E
CITY OF N JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
-2-
SOUTH CITY LIMIT
NOTICE INVITING BIDS
Public notice is hereby given that the City of San Juan Capistrano will,
up to 2:00 p.m., on the 23rd day of January 1989, receive sealed proposals or bids for the
REHABILITATION CAMINO CAPISTRANO SOUTH CITY LIMIT TO 2200 FEET SOUTH
OF SAN JUAN CREEK ROAD (CAR WASH) in accordance with the approved Plans,
Specifications, Special Provisions, and the Standard Specification for Public Works
Construction, 1988 Edition, including all supplements therefor, on file in the office of the
City Clerk of the City of San Juan Capistrano, California. Bids will be received until the
time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto,
San Juan Capistrano, California.
No bid will be received unless it is made on a proposal provided within these specifi-
cations. Each proposal or bid must be accompanied by a certified check, cash, cashier's
check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less
than ten percent of the total bid amount.
The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited
to said City in the event such successful bidder fails to enter into the required contract
within 15 days after the written notice that said contract has been awarded to him for
the work.
A pre-bid conference is scheduled at 10:00 a.m. on the 16th day of January 1989, at the
City offices. The contractor shall have the opportunity for clarification or interpre-
tation of any point or points of question within the plans and contract documents or
specifications. It is the contractor's responsibility to be in attendance at this conference
to receive any information disclosed during the proceedings, for the City shall not dis-
seminate any records of the conference. Exclusive of written addendums and this pre-bid
conference, the City shall not be responsible for any instructions, explanations, or inter-
pretation of the plans, specifications, and contract documents presented to the bidders in
any manner.
The successful bidder, simultaneously with the execution of the contract, will be required
to furnish a Faithful Performance Bond equal in the amount of one -hundred percent
(100%) of the contract price. The surety bond company must be selected from among the
surety companies set forth in the surety list provided herein.
NOTICE INVITING BIDS
T
Notice is hereby given that the City of San Juan Capistrano will receive sealed
proposals or bids for the rehabilitation of Camino Capistrano, south City limit to 2200
feet south of San Juan Creek Road (Car Wash) until 2:00 P.M. on the 23rd day of
January, 1989.
A pre-bid conference is scheduled at 10:00 A.M. on the 16th day of
January, 1989, at the City offices to assist contractors.
Copies of Plans and Specifications are on file in the Office of the City Clerk
of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may
be obtained at the non-refundable charge of $10.00, plus a charge of $5.00 for each set of
Plans and Specifications mailed.
Dated: December 14, 1988
CITY CL I
CITY OF/ SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS
TO: CAPISTRANO VALLEY NEWS
Jody Kolar, Legal
FOR PUBLICATION ON:
DOCUMENT TO BE PUBLISHED:
PROOF OF PUBLICATION:
AUTHORIZED BY:
DATE: December 14, 1988
Date of Bid Opening
Date (s) notice published
Date affidavit received
Date notice posted in
designated posting places (3)
THURSDAY, DECEMBER 22, 1988
THURSDAY, DECEMBER 29, 1988
NOTICE INVITING BIDS -
REHABILITATION OF CAMINO
CAPISTRANO, SOUTH CITY LIMIT TO 2200
FEET SOUTH OF SAN JUAN CREEK
ROAD (CAR WASH)
Please send to:
City Clerk's Department
City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(714) 493-1171
- 01/23/89
- 12/22/88
- 12/29/88
- 12/22/88
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 Citv
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 County Judicial
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:
December 229 29, 1988
I declare under penalty of perjury that the foregoing is
ture and correct.
Executed at Mission Viejo, Orange County
California,this...29 8
...... dayof Dec 19 ...8......
A
............ ............................
Signature
Capistrano Valley News
23811 Via Fabricante
P.O. Box 3629
Mission Viejo, Calif., 92690
Thisspace is for -the County Clerk's Filing Stamp
RECEIVED
34v 3 21-8 ?A'89
CITY CLERA
OgpAATMENT
Cit+ CIF SAN
Proof of Publication of
NOTICE OF INVITING BIDS
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.
Industrial Asphalt
BIDDER'S NAME
l�
4
Item of Work
Sub -Contractor
Address Phone No.
1.
5
Robert Escudero
P o Box 93815
818-794-`[783
2.
Pasadena, Ca.
3.
91109-3315
4 .
/k�+rs /2y 4-
%A ltas W, rA,.y
7401 aks� sr.
SAWM ALA C4.
714.761 #E!M
1J.131`ca'Y
5.
aak&a 4D.571 iP.lQ
eft K.�.� a1.
X 14 &3'r 45W
6.
7.
8.
Industrial Asphalt
BIDDER'S NAME
l�
4
NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA
County of
Los Angeles )
ss.
,Duj i qA ] ZeAue-rs , being first duly sworn deposes
and says that he is V -Te -C. of Industrial Asphalt
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: January 23, 1989
T�-
On this the 23rdday of January , 1989 before me, the undersigned, a
Notary Public in and for said State, personnally appeared
OW i G h > 'Be.la U-e.r s 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
h.e executed it.
WMALSEAL
WANDAOO M
NOTARY RMIC- CAL WONNIA
LOS ANGELES COONTY
WITNESS my hand and official seal. NY COMMISSION EXP MAY 1. 1990
-7-
Physical Property
Requirement
Proposed
Weight, Ounces Per Square Yard - ASTM 3.0 to 8.0
Designation: D 1910
Grab Tensile Strength (1 -Inch Grip), 90 Min.
Pounds - ASTM Designation: D 1117
Elongation at Break, Precent - ASTM 40 Min.
Designation: D 1117
Fabric Thickness, Mils - ASTM 12 to 100
Designation: D 461
-6a-
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION
•
Stephen B. Julian, City Manager
W. D. Murphy, Director of Public Works
•
December 6, 1988
Rehabilitation of Camino Capistrano - South City Limits to 2,200 Feet
South of San Juan Creek Road (Car Wash) - Plans and Specifications and
Authorization to Receive Bids (OCUTT)
Staff is requesting approval of plans and specifications and authorization to receive bids
for the asphalt concrete overlay of Camino Capistrano from the south city limits to
2,200 feet south of San Juan Creek Road. With the completion of the street widening of
Camino Capistrano in front of Barwick Datsun and San Juan Dodge, this is an appropriate
time to overlay the remaining area of Camino Capistrano in the south of the City.
NOTIFICATION
Advance notification signs will be provided on Camino Capistrano two weeks prior to the
start of work. Signs will be 8 feet wide by 4 feet high with dark brown letters on a beige
background and plans are attached for Council consideration. Lane closures will only be
permitted between 8:30 a.m. and 3:30 p.m.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
The project has been reviewed by the Environmental Review Board.
FINANCIAL CONSIDERATIONS
The Engineer's estimate for this project is $297,640. Funds have been budgeted in
Account No. 12-6900-4703-137 this year and sufficient funds are available for the
construction of the project. The project is 50% funded by the Orange County Unified
Transportation Trust Fund (OCUTT), which has allocated $148,820 which must be
encumbered by August 31, 1989.
ALTERNATE ACTIONS
Approve the advance notification signs, the plans and specifications for the
Rehabilitation of Camino Capistrano - South City Limits to 2,200 Feet South of San
Juan Creek Road (Car Wash) and authorize Staff to receive bids.
2. Do not approve the plans and specifications.
3. Request additional information from Staff.
FOR CITY COUNCIL AGEND
�/o
'At.ENDA ITEM •
December b, 1988
Page 2
i
RECOMMENDATION
By motion, approve the advance notification signs, the plans and specifications for the
Rehabilitation of Camino Capistrano - South City Limits to 2,200 Feet South of San Juan
Creek Road (Car Wash) and authorize Staff to receive bids.
Respectfully submitted,
W. D. Murphy f
WDM/BP:kls
CITY OF SAN JUAN CAPISTRANO
REHABILITATION OF CAMINO CAPISTRANO
SOUTH CITY LIMIT TO 2200 FEET SOUTH
OF SAN JUAN CREEK ROAD (CAR WASH)
PARDON THE INCONVENIENCE
ASPHALT OVERLAY PROJECT
TO IMPROVE CAMINO CAPISTRANO
(DATE) THROUGH (DATE)
CITY OF SAN JUAN CAPISTRANO
ADVANCE NOTIFICATION SIGNS
Calmarit co
3200 SAN FERNANDO ROAD/P.O. BOX 2950/LOS ANGELES, CALIFORNIA 90051/12131 258.2777
January 15, 1988
TO WHOM IT MAY CONCERN:
This is to certify that INDUSTRIAL ASPHALT is a wholly owned sub-
sidiary of CALMAT CO., whose main office resides at 3200 San Fernando
Road, Los Angeles, CA 90051.
INDUSTRIAL ASPHALT being a wholly owned subsidiary of CALMAT CO
does in fact fall under Certificate #1891, issued by the State of California,
Department of Industrial Relations, which entitles CALMAT CO and its sub-
sidiaries to be Permissively Self -Insured for Workers' Compensation within
the State of California,
If further certification is required, a letter certifying Certificate of Self -
Insurance can be issued by the Department of Self -Insurance by calling
Greg Howard, Consultant, Self -Insurance, Department of Industrial Re-
lations, State of California, (916) 924-4866.
Very truly yours,
CALMAT CO.
Larry Mill
Director of Claims Administration
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,
SAN JUAN
i CwFppN1A
August 9, 1989
Industrial Asphalt
13130 East Los Angeles Street
O. O. Box 2263
Irwindale, California 91706
Re: Completion of Rehabilitation of Camino Capistrano
Gentlemen:
The City Council of the City of San Juan Capistrano at its regular meeting held
August 1, 1989, adopted Resolution No. 89-8-1-1, accepting the work completed
for the rehabilitation of Camino Capistrano, in the amount of $198,844.56.
A copy of Resolution No. 89-8-1-1 is enclosed for your information.
The retention will be payable upon 35 days from recording of the Notice of
Completion. The Notice was recorded on August 4, 1989; therefore, the final
payment, in the amount of $19,884.46, may be released on September 8, 1989.
Thank you for your cooperation.
Very truly yours,
O�
Mary An anover, CMC
City Clerk
MAH/cj
Enclosure
cc:Lisa Mills, Orange County Transportation Commission
Director of Public Works
Director of Administrative Services
Accounts Payable
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUCHHEIM
Jul' - inf01o91<ItG
KENNETH E. FRIESS
1f1110 1981
GARY L. HAUSOORFER
1776
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
August 9, 1989
Industrial Asphalt
13130 East Los Angeles Street
O. O. Box 2263
Irwindale, California 91706
Re: Completion of Rehabilitation of Camino Capistrano
Gentlemen:
The City Council of the City of San Juan Capistrano at its regular meeting held
August 1, 1989, adopted Resolution No. 89-8-1-1, accepting the work completed
for the rehabilitation of Camino Capistrano, in the amount of $198,844.56.
A copy of Resolution No. 89-8-1-1 is enclosed for your information.
The retention will be payable upon 35 days from recording of the Notice of
Completion. The Notice was recorded on August 4, 1989; therefore, the final
payment, in the amount of $19,884.46, may be released on September 8, 1989.
Thank you for your cooperation.
Very truly yours,
O�
Mary An anover, CMC
City Clerk
MAH/cj
Enclosure
cc:Lisa Mills, Orange County Transportation Commission
Director of Public Works
Director of Administrative Services
Accounts Payable
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh & McLennan, Incorporated
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
P.O. BOX 75055
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Los Angeles CA 90075
COMPANIES AFFORDING COVERAGE
COMPANY Transportation Insurance Company
A
LETTER
•, Fo
COMPANY
LETTER B Hartford Accident & Indemnity Co.
Ca1Mat Co.
Industrial Asphalt
COMPANY C
LETTER
P. 0. Box 2950
Terminal Annex
COMPANY D
LETTER
Los Angeles CA 90051
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI.
TIONS OF SUCH POLICIES. Limits shown may have been reduced by paid claims.
GC
LTR
TYPF OF INSURANCE
POLICY NUMBER
EFFECTIVE
DAPI POLICYIMM/ WlYV1
POLICY EXPIRATION
GATE MMIWM'i
I
ALL LIMITS IN THOUSANDS
GENERAL
LIABILITY
GENERA. AGGREGATE
A
X
COMMERCIAL GENERAL LIABILITY
PRODUCTS CORI AGGREGATE ,$'
L_A,W m>DE 1X11)CCUgPENCE
GL 00160 4253
7/1/88
7/1/89
PERSONAL & ADVERTISING INJURY $
X
EACH OCCURRENCE
";VNERS&CNTRACTCRSPROTECTIVE
FIRE DAMAGE ZANY ONE FIREI $
NEDICAL EXPENSE )ANY ONE PERSON) $
AUTOMOBILE
LIABILITY
ANY AUTO
CSL
$ 1,000,
X
X
ALL OWNED AUTOS
BODILY
SCHEDULED AUTOS
INJURY
(PER PERSON)
$
N
X
X
HIRED AUTOS
BUA 00160 4254
7/1/88
7/1/89
BODILY
X
NONOWNEDAUTOS
ALIPER
CIDENn
$
PROPERTY
GARAGE LIABILITY
DAMAGE
$
EXCESS LIABILITY
EACH
oGCURRERCE
AGGREGATE
B
X
72 HUSG 5807
7/1/88
7/1/89
$ 1,000, a
ess
OTHER THAN UMBRELLA FORM
Of $1,
00
WORKERS' COMPENSATION
_
STATUTORY
)EACH ACCIDENT)
Self-Insured Retention
AND
Certificate No. 1891
ZH
m$
$ (DISEASEPOLICYLIMIT)
EMPLOYERS' LIABILITY
$ (DISEASEEACHEMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL
ITEMS All operations of the Named Insured.
Additional Insured: City of San Juan Capistrano as respects liability arising out of
the Named Insured's
operations: Rehabilitation of Camino Capistrano,
s F
Car Wash
• .
City of San Juan Capistrano
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX
Attn: Brian Perry
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ON9Y,W0111 *&-
32400 Paseo Adelanto
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
San Juan Capistrano, CA 92675
LEFT'
L
AUTH ZED REPRESENTATIVE rsh & McLennan, Incorporated
MEMORANDUM
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIE55
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
TO: Interested Persons
FROM: Mary Ann Hanover, City Clerk
DATE: February 24, 1989
SUBJECT: Award of Contract - Rehabilitation of Camino Capistrano
The City Council of the City of San Juan Capistrano at its regular meeting held
February 21, 1989, took action to award the contract for the Rehabilitation of
Camino Capistrano South City Limit to 2,200 Feet South of San Juan Creek Road
to the low responsible bidder, Industrial Asphalt. All other bids were rejected.
Thank you for your interest in this project. If we can be of further assistance,
please call.
MARY ANN HANOVER, CMC
MAH/cj
cc: Sully -Miller Contracting
Excel Paving Company
R. J. Noble
Director of Public Works
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
PERFORMANCE BOND
-Bond No.B144 88 74
KNOW ALL MEN BY THESE PRESENTS: Premium $739.00
That INDUSTRIAL ASPHALT
as Principal, hereinafter called CONTRACTOR, and RELIANCE INSURANCE COMPANY
as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San
3uan Capistrano, as Obligee, hereinafter called CITY, in the amount atone Hundred Sixty -
Four Thousand Two Hundred Forty -Eight s 09/'boollars 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):
The Rehabilitation of Camino Capistrano South City Limit to 2200 ft. South
of San Juan Creek Road
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 2nd day of
Glendale , California.
APPROVED AS TO FORM
February
PRINCIPAL
INDUSTRIAL ASPHALT
(NOTARIZATION AND SEAL)
x989 , at
SURETY
RELIANCE INSURANCE COMPANY
�
Matt Drumrig ,Attorney in Fact
(NOTARIZATION AND SEAL)
-21-
STATE OF CALIFORNIA
COUNTY OF LOS Angeles
c argo-:vr;—_
OFFICIAL SEAL j
°o Bertha R. Muncie
NOTARY PUBLIGCALIFORNIA
ar PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My Commission Expires May 31, 1992
♦�-s�s. c o-.».
ACKNOWLEDGMENT BY CORPORATION WHICH IS A GENERAL PARTNER
OF GENERAL OR LIMITED PARTNERSHIP—Wolcolls Form 230CA
('1982 WOLCOTTS.INC
-
On this 6th . day of February , in the year 19_89 before me
undersigned, a Notary Public in and for said State, personally appeared
Dwight Beavers
the
and
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument as President and Secretary, respectively, of the
Corporation named therein, said Corporation being personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person that executed the within instrument on
behalf of the General Partnership named therein, and acknowledged to me that the
General Partnership executed it.
State of California, l
County of Los Angeles )(j SS.
WITNESS my hand and officials pp
Notary Public in and for said Slate.
On this 2nd day of February in the
year year before me Notary of Public
Personally appeared Matt Druraright , personally 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 RELIANCE INSURANCE COMPANY and, acknowledged to me that RELIANCE INSURANCE COMPANY executed the
instrument.
MARIA LUISA CHUA
NOTARY PUBLIC -CALIFORNIA
LOS ANGELES COUNTY
Commission Expires April 23, 19
19
BDR-1818 ED. 6/83 (CALIF,)
Notary PubHC in and for said County
RE CE INSLTF .ANCE N
PAY
D OFFICE, PHILADELPHIA,►ENNSYLVANI
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the lam of the State of
fMnsylvans, don hereby maks, coetitute and spposs
MATT DRUMRIGHT of GLENDALE, CALIFORNIA------------------
ke tree and lawful Arrancy-s+Fdnd:i, to maks, execute. rhe and deliver for and on its Molt, and as it, M and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP -----------------
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same anent as if such bonds and undertaking, and other writings
obligatory in the nature thereof wore signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and ettasted by one other
of such officers, and hereby ratifies and confirms all that its said Attorrayls)-in-Fact may do in pursuance hereof.
This Power of Attorney Is granted under and by authority of Article VII of the By -Lam of RELIANCE INSURANCE COMPANY which became
affective September 7, 1978, which provisions are now in full form and Mfect• reeding as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the Resident, the Chairman of the Burd, any Senior Vim Resident, any Vim President or Assistant Vim Rodent
or other officer designated by the Burd of Directors shall have power and authority to (a) appoint Attoruys-in-Fact and to authorize them to exwwo
on behalf of the Company, bonds and undertakings, recognizencxs, contracts of indemnity and other writings obligatory in the nature thereof, and (b)
to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him.
2. Attorneys -in -Fact dell have power and authority, subject to the tarns and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, recognisances, contracts of indemnity and other writings obligatory in the nature thereof.
The corpwale seal is not necessary for the validity of any bonds and undertakings, ram9nizanmt. contracts of indemnity end other writings obligatory
in the nature thereof.
3. Attorneys -in -Fact still have power and authority to execute affidavits required to be attached to bonds, recognisances, contracts of indem-
nnty or other conditional or obligatory undertakings and they shell also have power and authority to certify the financial statement of the Company and
to copies of the By Laws of the Company or any article or section thereof.
This powar of attorney, is signed and soled by facsimile under and by authority of the following Resolution adopted by the Bard of Directors of
RELIANCE INSURANCE COMPANY at a meeting hold on the 5th day of June. 1979, at which a Quorum was present, and mid Resolution hes not been
amended or repealed:
-Rasolved,thot the signatures of such directors and officers and the mat of the Company may be affixed to any such power of
anornay or essay certificate relating thereto by facsimile, and any such power of attorney or mrtilicate baring such facsimile
signatures or facsimile WI shall be valid and binding upon the Company end any won power w executed and certified by
facsimile signatures and facsimile seal Mall be valid and binding upon the Company in the future with respect to any bond or
urdertaking to which it is attached."
IN WITNESS WHEREOF, she RELIANCE INSURANCE COMPANY has =used them Presents to be signed by its Vim Resident, and ltd corporme eel to
los hereto dfi sed, this 10th day Of March 19 88
RELIANCE INSURANCE COMPANY
Vim Rodent
STATEDF Washington
C.OUPITY OF King
On this 10th day of March 19 88peraonallyappeared Lawrence W. Carl Strom
to me known to he the Vin -President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing
instrument and affixed the eel of mid corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of mid Company and the Resolu-
tion, sat forth therein, are Rill in full form. If
My Ccrnanoion Espiee:`:`r'°<
May 15 ,19 90 '."" .� Notary Public in and for Ste of Wash' gton
Residing at Tacoma
I John E. Vance Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above
aha foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY, which is still in full form an0
offset.
IN WITNESS WHEREOF, t hove hereunto ser my, hand and affixed the eel of said Company this 2nd day of February 19 89
f^�
0004-1431 Ed ansa \® Assistant Secretary
John E. Vance
7
0 0
Bond No.B144 88 74
Premium Included
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City of San 3uan Capistrano, a municipal corporation of Orange
County, California, has awarded to INDUSTRIAL ASPHALT . License
No. , hereinafter designated as "Principal", a contract for The Rehabilitation
Camino Capistrano South City Limit to 2200 ft. South of :and
San Juan Creek Road
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 INDUSTRIAL ASPHALT
Principal, and RSL o x as surety, are
held firmly bound unto the City of ]uan Capistrano, a municipal corporation, in the
Two Hundred %oht 1y Aght DOLLARS
penal sum of One Hundred Sixty -Four Thousand/ d
($164,248.0)l lawful money of the United States of America, for payment of which sum
well and truly to be made we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its
heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to
pay for any materials, provisions, provender, or teams, or other supplies or equipment
used in, upon, for or about the performance of the work contracted to be done, or for any
work or labor done thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor as required by the provisions of Title 1,
Division 3, Chapter 3 of the Government Code of California as amended, that the surety
will pay for the same in an amount not exceeding the sum specified in this bond and also
in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the
court. This bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under said act, so as to give a right of action to them
or their assigns In any suit brought upon this bond.
FURTHER, the said surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or modification of the contract documents or of
the work to be performed thereunder shall in any way affect its obligation on this bond
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the contract documents or of work to be performed thereunder.
As a part of the obligation secured hereby, and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
_22_
IN WITNESS WHEREOF three (3) identical counterparts of this in3trument, 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 2nd day of February
19 e9 . The name and corporate seal of eacc corporate party ing hereto affixed and
these presents duly signed by its undersigned representatives pursuant to authority of its
governing body.
APPROVED AS TO FORM
INDUSTRIAL ASPHALT
PRINCIPAL
RELIANCE INSURANCE COMPANY
SURETY
sy
Matt Drumright Attorney in Fact
-23-
STATE OF CALIFORNIA
I�
COUNTY OF Los Angelesss.
-
OFFICIAL SEAL
Bertha R. MunJRNIA
r�
NOTARY PUBLIGL
PRINCIPAL OLOS ANGELEMyCommission Expires M
ACKNOWLEDGMENT By CORPORATION WHICH IS A GENERAL PARTNER
OF GENERAL OR LIMITED PARTNERSHIP—Walcotts Fwm 23KA
(,,1982 WOLCOTTS, INC
State of California,
County of Los Angeles
On this 6th day of February , in the year 19 89, before me, the
undersigned, a NotaryPublic in and for said State, personally appeared
Dwight Beavers and
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument as President and Secretary, respectively, of the
Corporation named therein, said Corporation being personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person that executed the within instrument on
behalf of the General Partnership named therein, and acknowledged to me that the
General Partnership executed it.
WITNESS my hand and official seal
Notary Public in and for said S te.
E2
On this 2nd day of February in the year 1989 , before me Notary of Public
personally appeared_ Matt Drumright , personally 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 RELIANCE INSURANCE COMPANY and, acknowledged to me that RELIANCE INSURANCE COMPANY executed the
instrument.
BDR-1818 ED.6/83 (CALIF.)
Notary Public in and for said County
REIAI.E�TCE I2V:3LTR.ANCE �PANY
AD OFFICE, PHIIADEL►HIA, ►ENNSVLVANo
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the RELIANCE INSURANCE COMPANY, a corporal ion duly organized under tla laws of the State of
Nnntylwnle, does hereby make, constitute and appoint
MATT DRUMRIGHT of GLENDALE, CALIFORNIA ------------------
its fruit and lawful Attorney -in -Fact, to make, execute, seal and deiver for and on its behalf, and as Its act and toad
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP -----------------
and to bird the RELIANCE INSURANCE COMPANY thereby as fully and to the same extant as if such bonds and undertakings and other writings
obligatory in the nature thereof wan signed by an Executiva Officer of the RELIANCE INSURANCE COMPANY and soled and attested by one other
of such officers, and hereby ratifies and confirms all that its rid Anorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney Is Wanted under and by authority of Article VII of the By -Lam of RELIANCE INSURANCE COMPANY which boa"
effectiw September 7, 1978, which provisions are now in full fora and effect, reading es follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the Resident, the Chairmen of the Board, any Senior Vice Resident. any Vice President or Assistant Vim Resident
or other officer designated by the Board of Directors shell haw power and authority to in) appoint Attcrnsys-in-Fan and to authorize them to execute
on behalf of the Company, bonds and undertakings, recogninnors, contacts of indemnity and other writings obligatory in the nature thereof, and Ib)
to remow any such Attorney -in -Fact at any time and revoke the power and authority Wiwn to him.
2. Attorneys -in -Fact shall haw power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and dstiwr on behalf of the Company, bonds and undertakings, recapnizanos, contracts of indemnity and other writing$ obligatory in the nature thereof.
The corporate col is not necessary for the validity of any bonds and undertakings, recognizanms, contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys -in -Fac shall haw power and authority to execute affidavits required to be attached to bonds, recognizences, contracts of indent
my or other c enditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the company and
to copies of the BY -Lawn of the Company cr any +nide or section thereof.
This power of attorney is signed and wled by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a molting held on the 5M day of June, 1979, at which a Quorum will Present, and said Resolution has not been
amended or repealed:
"Rowiwd, that the signatures of such directors and officers and the not of the Company may be affixed to any such power of
attorney or any csrtificete relating thereto by facsimile. and any such power of attorney or certificate bearing such facsimile
signatures or facsimile rel shall in wfid and binding upon the Company and any wch Power w executed and mnified by
facsimile sigruturm and facsimile col +hall be "lid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has owed these presents to be signed by its Vice Resident, and hscorporste rel to
be hereto affixed, this 10th day of March 19 88
RELIANCE INSURANCE COMPANY
Vim Resident
STATEOP Washington
COUNTY OF King } `.
On this 10th day of March -19 88 personally append Lawrence W. Carlstrom
to ere known to be the Vice -President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing
Instrument and affixed the seal of rid corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of rid Company and the Resolu-
tion, on forth thorain, we still in full force. -
My Commission Expires:,�-�•
i�pua,�,a
;. ,MIX
May 15 1B 90 r
1A Notary Public in and for Sm of Wash' gton
Residing at Tacoma
1 John E. Vance Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above
and foregoing is • true and correct copy of a Power of Attorney executed by mid RELIANCE INSURANCE COMPANY, which is still in full form and
affect.
IN WITNESS WHEREOF, I haw hereunto act my hand and affixed the eel of rid Company this 2nd gay of February 1989.
•DR -11311 E6 6"s \® Asismnt Secretary
John E. Vance
f
U
February 22, 1989
Stan Oftelie, Executive Director
Orange County Transportation Commission
1055 North Main Street, Suite 516
Santa Ana, California 92701
Attn: Linda Miller
MEMBERS OF THE CITY COUNCIL
ANTHONY L. 81_AND
LAWRENCE F. SUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN 8 JULIAN
RE: Orange County Unified Transportation Trust (OCUTT) Funds, FY 1988-89 -
Camino Capistrano - South City Limit to 2200' South of San Juan Creek
Road (Car Wash)
Dear Ms. Miller:
On February 21, 1989, the City Council awarded the contract for the above -subject
project to Industrial Asphalt in the amount of $164,248.09. Please note that this
does not include recutting the traffic signal loop detection, which will be done
separately.
A copy of the City Council Resolution requesting $73,911.00 as 90% of the OCUTT
share of the contract and engineering costs is enclosed.
If you have any questions or need additional information, please contact me.
Very truly you
Brian Perry
Associate Civil Engineer
BP:nb
cc: W. D. Murphy
Robert G. Boone,
City Clerk
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the attached is a true and correct copy of
Resolution No. 89-2-21-1 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 21st day of
February, 1989.
(SEAL)
MARY AN NO ER, City Clerk
San JuanCapistrano, California
DATED: THIS 22nd day of February, 1989.
RESOLUTION NO. 89-2-21-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE ORANGE
COUNTY TRANSPORTATION COMMISSION TO ALLOCATE
ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT)
FUNDS FOR CAMINO CAPISTRANO BETWEEN THE SOUTH CITY
LIMIT AND 2200 FEET SOUTH OF SAN JUAN CREEK ROAD
WHEREAS, Chapter 1512, Statutes of 1985, allows the Orange County
Transportation Commission to allocate funds from the rapid transit reserve to local
agencies for the improvement, construction, or repair of local streets and roads; and,
WHEREAS, the Orange County Transportation Commission approved a $12
million OCUTT Streets and Roads Program on April 14, 1986, covering fiscal years 1986-
87 through 1988-89; and,
WHEREAS, the program includes $148,820 in fiscal year 1988-89 for an overlay
project on Camino Capistrano between the South City Limit and 2200' South of San Juan
Creek Road.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano hereby requests that the Orange County Transportation Commission
allocate $5,475.00 for construction engineering and, $68,436 for construction, for a total
of $73,911.00 in OCUTT funds to the City. This request is in conformance with the
OCUTT allocation process and does not exceed ninety percent (90%) of the OCUTT share
of the construction contract.
BE IT FURTHER RESOLVED, that the City of San Juan Capistrano agrees to
fund its share of the improvement costs in fiscal year 1988-89 and any additional costs
over the programmed OCUTT amount of $148,820.
BE IT FURTHER RESOLVED, that the City of San Juan Capistrano has
awarded the contract for the project on February 21, 1989, for $164,248.09.
BE IT FURTHER RESOLVED, that the City of San Juan Capistrano has:
1. designed the project improvements in accordance with the City's
design standards;
2. not acquired any additional right-of-way for the project; and,
3. completed and certified all required environmental documentation
for the project.
0
0
BE IT FURTHER RESOLVED, that the remaining ten percent (10%) in OCUTT
funds will be transferred to the City of San Juan Capistrano when construction is
completed and a final report on the project is accepted by the Orange County
Transportation Commission. The City of San Juan Capistrano agrees to submit the final
report to the Orange County Transportation Commission within ninety (90) days after the
City's acceptance of the improvements.
PASSED, APPROVED, AND ADOPTED this 21st day
Of February 1989.
HAUSDORFER, M O
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 89-2-21-1 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 21st day
Of February_ , 1989, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland and Mayor Hausdorfer
NOES: None
ABSENT: None
(SEAL)
A Y ANYHANOVER, CITY CLERK
-2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes and says:
That she is the duly appointed and qualified City Clerk of the City of San Juan
Capistrano;
That in compliance with State laws of the State of California and in further
compliance with City Resolution No. 83-12-20-3 and on the 23rd day
of February , 1989 she caused to be posted:
RESOLUTION NO. 89-2-21-1 , being:
ATION OF CAMINO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE ORANGE
COUNTY TRANSPORTATION COMMISSION TO ALLOCATE
ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT)
FUNDS FOR CAMINO CAPISTRANO BETWEEN THE SOUTH CITY
LIMIT AND 2200 FEET SOUTH OF SAN JUAN CREEK ROAD
in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire
Station Recreation Complex; Orange County Public Library.
MARY ANN HANOVER, CITY CLERK
San Juan Ca¢istrano, California
-3-
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BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, INDUSTRIAL ASPHALT
, as PRINCIPAL, and
RELIANCE INSURANCE COYPAIWaS SURETY, hereinafter called Surety, are held and
firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called
City, in the sum of $ 10% , 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�t bid dated sanuary 23, _ , 19 8899 I for the construction
The Rehabilitation of""Camino Ca - Limie to
of 99pn Ft_ Sonfh of San Jvan Creek Rd. - for the
City of San Juan Capistrano, Orange County, California.
NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30)
days after the opening of same, and shall, within fifteen (13) days after the agreement
has been presented to him for execution, enter into a written contract with the City in
accordance with the bid as accepted, and if the Principal shall give the required bond
with good and sufficient sureties, or sureties for the faithful performance and proper
fulfillment of such contract and for the protection of laborers and materialmen, or in
the event of the withdrawal of said bid within the periods specified, or the failure to
enter into said contract and give said bond within the time specified, if the Principal
shall within sixty (60) days after request by the City, pay the City the difference
between the amount specified in said bid and the amount for which the City may procure
the required work and/or supplies if the latter amount be in excess of the former, then
the above obligation shall be void and of no effect, otherwise to remain in full force and
virtue.
Further, as a part of the obligation secured hereby, and in addition to the face
amount specified therefor, there shall be included costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
-19-
RE CE INSURANCE N
PAY
D OFFICE. PHILADELPHIA. PENNSYLVANIPW
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the RELIANCE INSURANCE COMPANY, a eorpornion duly organized under the Tawe of the State of
M1nnsylimnLa, does hereby maks. aonRltuta and appoints
MATT DRUMRIGHT of GLENDALE, CALIFORNIA ------------------
kg true and Lawful Attorn*y4 rFmt, to maks, execute, *eel and deliver for and on its behalf, and as Its eq and dead
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP -----------------
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extant as if such bonds and undertakings and other writing$
obligatory in the nature theredf wen signed by an Executiw Officer of the RELIANCE INSURANCE COMPANY and tested and nested by one other
of such officers, and hereby ratifies and confirms all that its mid Atforneyls)-in-Fan may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became
effectiw September 7, 1978, which provisions era now in full force and effect, reading m follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Burd of Directors, the President, the Chairman of the Board, any Senior Via Resident, any Vim President or Assistant Vim Resident
or
other officer designated by the Board of Directors shell henen ut
w powwr and authority to (al appoint Attorneys-in-Fanand to authorize them to exece
on behalf of the Company, bonds and undertakings, recognizences, contracts of indemnity and other writings obligatory in the mature thereof, and (b)
to remow any such Atlorneytin-Fan at any time and nvoka the power and authority given to him.
2. Attornevs-in-Fact Mall haw power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, recognittanm$, contracts of indemnity and other writings obligatory in the mature thereof.
The corporal* vel is not necessary for the validity of any bonds and undertakings, recognizanmt, contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys -in -Fan shalt Mw power and authority to execute affidavits repuired to be attached to bonds, reczgnitanow, contracts of indent
ratty or other conditional or obligatory undertakings and they "It also hew power and authority to certify the financial statement of the Company and
to copies of the 9y -Laws of the Company or any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meeting hold on the SM day of June, 1979, at which a Quorum was present, and mid Resolution hes not been
amended or repealed:
"Resedved, that the signatures of such directors and officers and the mat of the Company may be affixed to any such power of
attorney or any certifimto rotating thereto by facsimile, and any such power of attorney or certificate boring such facsimile
signatures or facsimile mel dull be valid and binding upon the Company and any such power oro executed and certified by
fa simile signatures and facsimile vel shell be "lid and binding upon the Company in the future with resign to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, she RELIANCE INSURANCE COMPANY hes mused them presents to be signed by its Vim Resident, and itsoorporan meal to
be hereto affixed, this 10th day of March 19 88
RELIANCE INSURANCE COMPANY
�
�. �✓�
Vice Resident
STATE OF Washington �'''
COUNTY OF King } ..
On this 10th day of March 19 88 Personally appeared Lawrence W. Carl Strom
to me kmnwn to be the Vice -President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing
instrument and affixed the mal of mid corporation thereto, and that Article V11, Section 1, 2, and 3 of the By -Lawn of mid Company and the Resolu-
tion, cot forth therein, are R91 In full form.
My Commission Espies: a
May 15 1B 90 pulm Notary rdlein.ndfrSta of Wash' gton
Residing at Tacoma
I John E. Vance Assistant Secreta o1 the RELIANCE INSURANCE COMPANY, do hereby eby mrtiry the the above
and foregoing is a true and correct copy of a ►own of Attorney executed by mid RELIANCE INSURANCE COMPANY, which is still in full form and
affect.
IN WITNESS WHEREOF, 1 hew hereunto cot my hand and affixed the wall of mid Company MM 2 day of FEBRUARY 1889
f ^�
800%-1431 Ed. •M Assistant Secretary\®
John E. Vance
V
16
• 0
IN WITNESS WHEREOF, the above -bounden parties have executed this
instrument under their several seals this 2nd day of z , 19 89, 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
INDUSTRIAL ASPHALT
PRINCIPAL
BY - �iyeo�Q ,fit 11 i
Title:
RELIANCE INSURANCE COMPANY ._
SURETY
BY: f2c�
Matt Drumr gY nt
Title: Attorney in Fact
-19-
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CITY OF SAN JUAN CAPISTRANO
COUNTY OF ORANGE
STATE OF CALIFORNIA
SPECIFICATIONS
AND CONTRACT DOCUMENTS
REHABILITATION OF CAMINO CAPISTRANO SOUTH CITY LIMIT
TO 2200 FEET SOUTH OF SAN JUAN CREEK ROAD (CAR WASH)
CITY COUNCIL
GARY L. HAUSDORFER, MAYOR
PHILLIP R. SCHWARTZE KENNETH E. FRIESS
LAWRENCE F. BUCHHEIM ANTHONY L. BLAND
CITY MANAGER
S. B. JULIAN
DIRECTOR OF PUBLIC WORKS
W. D. MURPHY
NOVEMBER, 1988
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TABLE OF CONTENTS
REHABILITATION CAMINO CAPISTRANO SOUTH CITY LIMIT
TO 2200 FEET SOUTH OF SAN JUAN CREEK ROAD (CAR WASH)
TITLE PAGE
CONTRACT DOCUMENTS
Notice Inviting Bids...........................................................1
BidProposal..................................................................3
Schedule of Work Items ....................... ................................6
Non -Collusion Affidavit........................................................7
Designation of Sub-Contractors.................................................9
Instructions to Bidders........................................................10
Contract....................................................................16
BidBond....................................................................20
Performance Bond............................................................22
Labor do Material Bond........................................................24
Listing of Surety Companies...................................................26
SPECIAL PROVISIONS
Work to be Done
Section
1
Standard Specifications.......................................SP-1
DS -1
Section
2
Terms Defined...............................................SP-2
DS -1
Section
3
Flow and Acceptance of Water.................................SP-2
DS -2
Section
4
Water......................................................SP-2
DS -3
Section
S
Insurance and Overhead Costs..................................SP-2
DS -4
Section
6
Protection of Existing Utilities (Underground
DS -4
BidItem
7
Service Alert)...............................................SP-2
DS -4
Section
7
Protection of Private Property.................................SP-3
DS -4
Section
8
Construction Zone............................................SP-3
Section
9
Pre -Construction Coordination Meeting .........................SP
-3
Section
10
Caltrans Permit..............................................SP-3
DETAIL SPECIFICATIONS AND METHOD OF PAYMENT
Bid Item
1
Cold Plane do Pavement 2" Deep ...............................
DS -1
Bid Item
2
Cold Plane & Pavement 2" Deep to Zero ........................
DS -1
Bid Item
3
Pavement Reinforcing Fabric .................................
DS -2
BidItem
4
Remove Existing AC .........................................
DS -3
Bid Item
S
Asphalt Concrete Paving..... .............................
DS -4
Bid Item
6
Adjustment of Manhole Frames & Cover ........................
DS -4
BidItem
7
Pavement Interchange .......................................
DS -4
BidItem
8
Traffic Control .............................................
DS -4
STANDARD PLANS
Water District Drawing No. W3
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' NOTICE INVITING BIDS
Public notice is hereby given that the City of San Juan Capistrano will,
up to 2:00 p.m., on the 23rd day of January 1989, receive sealed proposals or bids for the
REHABILITATION CAMINO CAP ISTRANO SOUTH CITY LIMIT TO 2200 FEET SOUTH
' OF SAN JUAN CREEK ROAD (CAR WASH) in accordance with the approved Plans,
Specifications, Special Provisions, and the Standard Specification for Public Works
Construction, 1988 Edition, including all supplements therefor, on file in the office of the
' City Clerk of the City of San Juan Capistrano, California. Bids will be received until the
time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto,
' San Juan Capistrano, California.
No bid will be received unless it is made on a proposal provided within these specifi-
cations. Each proposal or bid must be accompanied by a certified check, cash, cashier's
check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less
' than ten percent of the total bid amount.
The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited
to said City in the event such successful bidder fails to enter into the required contract
within 15 days after the written notice that said contract has been awarded to him for
' the work.
A pre-bid conference is scheduled at 10:00 a.m. on the 16th day of January 1989, at the
City offices. The contractor shall have the opportunity for clarification or interpre-
tation of any point or points of question within the plans and contract documents or
specifications. It is the contractor's responsibility to be in attendance at this conference
' to receive any information disclosed during the proceedings, for the City shall not dis-
seminate any records of the conference. Exclusive of written addendums and this pre-bid
' conference, the City shall not be responsible for any instructions, explanations, or inter-
pretation of the plans, specifications, and contract documents presented to the bidders in
any manner.
The successful bidder, simultaneously with the execution of the contract, will be required
' to furnish a Faithful Performance Bond equal in the amount of one -hundred percent
(100%) of the contract price. The surety bond company must be selected from among the
surety companies set forth in the surety list provided herein.
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The City Council reserves the right to reject any and all bids received and to compare
' the relative merits of the respective bids and to choose that which in the opinion of said
City will best serve the interests or needs of said City.
' A time limit of forty (40) calendar days has been set for the completion of the work,
from the date of execution of the contract.
tBIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of
California, copies of the prevailing rate of per diem wastes, 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 oftheCity of San
' Juan Capistrano, and is dated: � e C?�'1�%Gi� 13, /frj %
t CITY CLENA
CITY OF 5AN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
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BID PROPOSAL
1 For the: REHABILITATION OF CAMINO CAPISTRANO SOUTH CITY LIMIT
TO 2200 FEET SOUTH OF SAN JUAN CREEK ROAD (CAR WASH)
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1 From:
Contractor
1 To the Honorable City Council
City of San Juan Capistrano
1 Gentlemen:
The undersigned, as bidder, declares that he has carefully examined the location of the
1 proposed work as described, examined the Plans, Specifications, Special Provisions, and
the Standard Specifications for Public Works Construction, 1988 Edition, including all
1 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 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump
sum given on the following pages of this proposal, amounting to a total of:
1 Words $ Figures
1 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
1 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.
1 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
1 thereof, and to diligently prosecute the work to completion before the expiration of forty
(40) calendar days.
1 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
1 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
1 computed as indicated above and compared on the basis of corrected totals.
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The estimated quantities of work indicated in the proposal are approximate only being
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given solely as a basis for comparison of bids. It is understood that the City does not
expressly, nor by implication, agree that the actual amount of work will correspond
therewith, but reserves the right to increase or decrease the amount of any item or
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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
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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
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granted by the City Council, then said check shall be cashed or said bond declared forfeit
and an amount equal to the difference between the lowest bid and the next lowest bidder
who will execute a contract shall be paid into the treasury of the City of San Juan
'
Capistrano as liquidated damages for the failure of the undersigned to comply with the
terms of this proposal.
'
Accompanying this proposal is (Insert
"$ cash", cashier's check, certified check or bidder's bond on the forms from
'
Pages 18 and 19 of these Contract Documents, as the case may be), in an amount equal
to at least ten percent (10%) of the total bid.
'
The following is the name and place of business of the surety company which will furnish
the required bonds as surety if the work is awarded to the undersigned:
'
Licensed in accordance with an act providing for the registration of contractors —
'
License No.
Signature of Bidder:
Cli
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(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:
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Signature of Bidder
Telephone Number
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SCHEDULE OF WORK ITEMS
N CAMINO CAPISTRANO SOI
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Approximate
Work items With Unit Price
Unit Price
Total Amount
Item
Quantity
(Written in Words)
(In Figures)
1
32,100 S.F.
Cold plane A.C. 2" deep for the
unit price of
$
$
dollars per square foot.
2
17,200 S.F.
Cold plane A.C. 1 #" deep to
zero for the unit price of
$
$
dollars per square foot.
3
39,305 S.Y.
Furnish and install pavement
reinforcing fabric for the unit
price of
dollars per sq. yd.
4
291 Ton
Remove existing asphalt
concrete for the unit price of
$
$
dollars per ton.
5
3,482 Ton
Furnish and install asphalt
concrete for the unit price of
$
$
dollars per ton.
6
39 Ea.
Adjust frame and cover to grade
for the unit price of
$
$
dollars per each.
7
LS
Furnish and install pavement
markings for the lump price of
$
dollars.
8
LS
Traffic control for lump sum
price of
dollars.
Total Bid
Price (Enter here and on Page 3
W ords
Figures
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1
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1
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PhysicalProperty
Weight, Ounces Per Square Yard - ASTM
Designation: D 1910
Grab Tensile Strength (1 -Inch Grip),
Pounds - ASTM Designation: D 1117
Elongation at Break, Precent - ASTM
Designation: D1117
Fabric Thickness, Mils - ASTM
Designation: D 461
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Requirement
3.0 to 9.0
90 Min.
40 Min.
12 to 100
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NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA
County of
' and says that he is
of
ss.
being first duly sworn deposes
the party making the foregoing bid; that such bid
' is not made in the interest of or on behalf of any undisclosed person, partnership,
company, association, organization, or corporation; that such bid is genuine and not
collusive or sham; that said bidder has not directly or indirectly induced or solicited any
' other bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or
that any one shall refrain from bidding; that said bidder has not in any manner, directly
or indirectly, sought by agreement, communication or conference with any one to fix the
' bid price of said bidder or of any other bidder, or to fix the bid price of or cost element
of such bid price, or of that of any other bidder, or to secure any advantage against the
public body awarding the contract of any one interested in the proposed contract; that all
' statements contained in such bid are true; and further, that said bidder has not directly
or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid and will not pay any fee in
connection therewith, to any corporation, partnership, company, association,
' organization, bid depository, or to any member or agent thereof, or to any other
individual except to any person or persons as have a partnership or other financial
interest with said bidder in this general business.
DATED:
SIGNATURE
1
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 names)
subscribed to the within instrument, and acknowledged that
executed it.
WITNESS my hand and official seal.
' Notary Public in and for said State
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DESIGNATION OF SUB -CONTRACTORS
Submit with Proposal.
In compliance with the Provisions of Section 4100-4107 of the Government
Code of the State of California as amended, the undersigned certifies that he has used
the sub -bids of the following listed sub -contractors in making up his bid, and that the
sub -contractors listed will be used for the work for which they bid, subject to the
approval of the Engineer, and in accordance with the applicable provisions of the
Specifications. It is understood and agreed that all those portions of the work called for
in the contract documents for which a sub -contractor is not listed will be performed by
the undersigned through his forces. If no sub -contractors are listed, all bonds and
insurance will be written in the name of the general contractor only..
1.
2.
3.
4.
5.
6.
7.
8.
Item of Work Sub -Contractor Address Phone No.
BIDDER'S NAME
AUTHORIZED SIGNATUR
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INSTRUCTION TO BIDDERS
Securing Documents
Plans, Specifications and other contract documents will be available for examination
without charge and copies may be secured in accordance with the "Notice Inviting Bids".
Examination of Plans, Specifications and Site of Work
The bidder is required to examine the site of work, the Proposal, the Plans and the
Specifications, Special Provisions, and the Standard Specifications for Public Works
Construction, 1988 Edition including all supplements, very carefully. He shall satisfy
himself as to the character, quality and quantities of the work to be performed, the
materials to be furnished and the requirements of the Contract Documents. The plans
for the work show conditions as they are believed to exist, but it is not to be inferred .
that all the conditions as shown thereon are actually existent, nor shall the City or any of
' its officer or agents be liable for any loss sustained by the Contractor as a result of any
variance between conditions shown on the plans and actual conditions revealed during
' examination or progress of the work. The submission of a proposal shall be prima facie
evidence that the bidder has made such an examination.
' Interpretation of Drawings and Documents
If any bidder should find discrepancies in, or omissions from the drawings, specifications
' or other proposed contract documents, or if he should be in doubt as to the true meaning
of any part thereof, he shall at once make a written request to the Engineer for
' correction, clarification or interpretation of the point or points in question. The person
submitting such a request shall be responsible for its prompt delivery.
' In the event that the Engineer receives such a request and it should be found that certain
essential information is not clearly and fully set forth, or if the Engineer discovers
' errors, omissions, or points requiring clarification in the drawings or documents, a
written addendum will be mailed to each person to whom a set of contract documents has
' been delivered. The City will not be responsible for any instructions, explanations or
interpretations of the documents presented to bidders in any manner other than written
' addendum.
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' 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
has
corporation who 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 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
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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.
tE. Each bidder shall shall list his proposed sub -contractors on the form accompanying
the proposal in accordance with the provisions of the specifications.
F. Each bidder must accompany his bid with either a cashier's check upon some
responsible bank, or a properly certified check upon such bank, or an approved
corporate surety bond payable to the City for such a sum of not less than ten (10)
percent of the aggregate sum of the bid, which check or bond and the monies
represented thereby shall be held by the City as a guarantee that the bidder, if
' awarded the contract, will in good faith enter into such contract and furnish the
required bonds.
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' The bidder agrees that, in case of his refusal or failure to execute said contract and
give bonds within the time required by these documents, such check or bond, and the
' money represented thereby, shall remain the property of the City and, if the bidder
shall fail to execute said contract, said surety will pay to the City the damages
which the City may suffer by reason of such failure, not exceeding the sum of ten
' (10) percent of the amount of the bid. A bid received and not accompanied by such
cashier's check, certified check or approved bond shall be rejected.
G. Bids shall be delivered to the City at the location stipulated, on or before the day
and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting
' Bids". Bids shall be enclosed in a sealed envelope bearing the title of the work, the
name of the bidder, bid opening date and time of bid opening.
' Licensing of Contractor
All persons, firms, partnerships or corporations shall be licensed in accordance with the
' Business and Professions Code of the State of California and the applicable ordinances of
the City and County before doing any work of any kind.
Withdrawal of Bids
' Any bidder may withdraw his bid in person or by written request at any time prior to the
scheduled closing time for receipt of bids.
' Opening of Bid Proposals
The City will, in open session, publicly open, examine and declare the bids at the time set
forth in the "Notice Inviting Bids". Bidders or their authorized representatives are
invited to be present.
Award of Contract or Rejection of Bids
No bidder may withdraw his bid for a period of forty five (45) days after the date set of
the opening of bids. The contract for the work will either be awarded or the bids
rejected within the forty five (45) days form 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 or erasures.
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The bidder shall execute two copies of the written contract with the City and furnish the
' stipulated bonds, insurance and bid breakdown within fifteen (15) days after the bid
opening date. The contract shall be made in the form adopted by the City. The release
' of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made
upon the City's acceptance of the Labor and Materials Bond and the Faithful
Performance Bond.
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If the bidder to whom the award is made fails to enter the contract as herein provided,
' the award may be annulled and an award may be made to the next lowest responsible
bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the
party to whom the first award was made. A corporation to which an award is made shall
furnish evidence of its corporate existence and evidence that the officer signing the
contract and bonds for the corporation is duly authorized to do so.
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Bonds
' The successful bidder, simultaneously with the execution of the Agreement, will be
required to furnish a Labor and Material Bond in a sum not less than one hundred percent
' (100%) of the total amount payable by the terms of the contract and a Faithful
Performance Bond in a sum not less than one hundred percent (100%) of the amount of
the contract. Said bonds shall be secured from a surety company listed as acceptable on
the list included in these specifications. Bonds must be submitted on the forms contained
in these specifications.
' Time of Performance
' The work shall be commenced within fifteen (15) calendar days from the date of issuance
of the Notice to Proceed and shall be diligently prosecuted until completion. A time
' limit of forty (40) calendar days form the date specified in the Notice to Proceed has
been set for completion of the work. The bidder's attention is directed to the
specifications as to provisions for extension of time of completion and/or assessment of
' liquidated damages.
' Assignment of Contract
No assignment by the Contractor of any contract to be entered into hereunder or any
' part thereof, or of funds to be received thereunder by the Contractor, will be recognized
by the awarding authority unless such assignment has had prior approval of the awarding
authority and the surety has been given notice of such assignment in writing and has
consented thereto in writing.
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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.
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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 The Rehabilitation of Camino Capistrano South
City Limit to 2200 Feet South of San Juan Creek Road (Car Wash) 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.
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' FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR
' agrees to begin and complete the work within the time specified in the Notice Inviting
Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual
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
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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, cies of the prevailing rate of per diem wages, as
determined by the Director of the State Department of Industrial Relations, are on file
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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
any SUB -CONTRACTOR under him, shall pay not less than the foreqoing specified
prevailing rates of wages to all workmen employed in the execution of the contract.
SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this
contract liability and property damage insurance naming the City and its elected and
appointed officials as a named insured, which such policies shall be of an amount not less
than One Million Dollars combined single limit. Insurance certificates shall be for a
minimum period of one year.
' The insurance policies shall bear an endorsement or shall have an attached rider
providing that in the event of expiration or proposed cancellation of such policies for any
' reason whatsoever, the City shall be notified by registered mail, return receipt
requested, giving a sufficient time before the date thereof to comply with the applicable
' law or statute but in no event less than 30 days before expiration or cancellation is
effective. CONTRACTOR shall provide to City the policy certificate establishing that
the required level of insurance has been satisfied.
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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
-16-
1 0 0
1 workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-
CONTRACTOR, for each calendar day during which such workman is required or
permitted to work more than eight (8) hours in violation of the provisions of Article
Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as
1 permitted by law.
1 IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of
1 City, pursuant to Council action, and by CONTRACTOR on the date set before the name
of each.
F
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1 DATED:
H
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ATTEST:
1
1 Mary Ann Hanover, City Clerk
1 APPROVED AS TO FORM:
1 John R. Shaw, City Attorney
i
CITY OF SAN JUAN CAPISTRANO
BY•
MAYOR
BY•
CONTRACTOR
-17-
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 (13) days after the agreement
has been presented to him for execution, enter into a written contract with the City in
1 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
t fulfillment of such contract and for the protection of laborers and materialmen, or in
the event of the withdrawal of said bid within the periods specified, or the failure to
enter into said contract and give said bond within the time specified, if the Principal
shall within sixty (60) days after request by the City, pay the City the difference
between the amount specified in said bid and the amount for which the City may procure
the required work and/or supplies if the latter amount be in excess of the former, then
the above obligation shall be void and of no effect, otherwise to remain in full force and
' virtue.
' Further, as a part of the obligation secured hereby, and in addition to the face
amount specified therefor, there shall be included costs and reasonable expenses and
' fees, including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
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IN WITNESS WHEREOF, the above -bounden parties have executed this
instrument under their several seals this day of _., 19____, the name and
corporate seal of each corporate party being affixed hereto and these presents duly
signed by its undersigned representative pursuant to authority of its governing body.
Two Witnesses (If Individual)
ATTEST (If Corporation)
Corporate Seal
ATTEST
Title
BY:
Title:
BY:
Title:
-19-
PRINCIPAL
SURETY
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' PERFORMANCE BOND
' KNOW ALL MEN BY THESE PRESENTS:
That
as Principal, hereinafter called CONTRACTOR, and
as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San
' Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of
Dollars for payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors, and
assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor has by written agreement dated
entered into a (describe agreement):
' which contract is by reference made a part hereof;
' NOW, THEREFORE, the condition of this obligation is such that, if Principal
shall promptly and faithfully perform said agreement, then this obligation shall be null
and void; otherwise it shall remain in full force and effect. Surety waives whatever legal
right it may have to require that a demand be made first against the principal in the
event of default.
' BE IT FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition to the face
' amount specified, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
' obligation, all to be taxed as costs and included in any judgment rendered.
1
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2. Said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or modification of the contract documents or of the work
to be performed thereunder, shall in any way affect its obligations or this bond, and it
does hereby waive notice of any such change, extension of time, alterations, or
modifications of the contract documents or of work to be performed thereunder.
Executed this day of
California.
APPROVED AS TO FORM
PRINCIPAL
(NOTARIZATION AND SEAL)
SURETY
(NOTARIZATION AND SEAL)
-21-
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1 • •
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Premium Included
LABOR AND MATERIAL BOND
' KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange
County, California, has awarded to . License
' No. , hereinafter designated as "Principal", a contract for
: and
WHEREAS, said Principal is required to furnish a bond in connection with the
said contract providing that if said Principal, or any of his or its sub -contractors, shall
fail to pay for any materials, provisions, provender or other supplies or teams used in,
' upon, for or about the performance of the work contracted to be done, or for any work or
labor done thereon of any kind, the surety or this bond will pay the same.
' NOW, THEREFORE, we
Principal, and as surety, are
held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the
' penal sum of DOLLARS
($ ), lawful money of the United States of America, for payment of which sum
well and truly to be made we bind ourselves, our heirs, executors, administrators and
' successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its
' heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to
pay for any materials, provisions, provender, or teams, or other supplies or equipment
used in, upon, for or about the performance of the work contracted to be done, or for any
' work or labor done thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor as required by the provisions of Title 1,
Division 3, Chapter 3 of the Government Code of California as amended, that the surety
will pay for the same in an amount not exceeding the sum specified in this bond and also
in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the
court. This bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under said act, so as to give a right of action to them
or their assigns in any suit brought upon this bond.
FURTHER, the said surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or modification of the contract documents or of
' the work to be performed thereunder shall in any way affect its obligation on this bond
and it does hereby waive notice of any 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.
1-22-
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IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed by
the Principal and surety herein named on the day of
19 . The name and corporate seal of each corporate party being hereto af fixed and
these presents duly signed by its undersigned representatives pursuant to authority of its
governing body.
By
By
-23-
PRINCIPAL
SURETY
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Prepared By:
Office of City Attorney
San Juan Capistrano
7/29/83
LISTING OF SURETY COMPANIES
QUALIFYING UNDER SURETY BOND COMPANY RATING CRITERIA
The following surety bond companies are qualified to submit surety bonds to the City of
San Juan Capistrano. The criteria utilized in rating surety bond companies are:
A.M. Best Company Rating of "A";
U.S. Treasury Underwriting Limitation of $1,000,000.00 or more.
Use of any other surety company may only be allowed with approval of the City
Attorney.
AID Insurance Company
Aetna Casualty and Surety Company of Illinois
Aetna Reinsurance Company
Affiliated FM Insurance Company
Alaska Pacific Assurance Company
Allendale Mutual Insurance Company
Allstate Insurance Company
American Automobile Insurance Company
American Casualty Company of Reading, Pennsylvania
American Centennial Insurance Company
American Credit Indemnity Company
American Economy Insurance Company
American Indemnity Company
The American Insurance Company
American Manufacturer's Mutual Insurance Company
American Motorists Insurance Company
American Mutual Liability Insurance Company
American Re -Insurance Company
American States insurance Company
Argonaut Insurance Company
Arkwright-Boston Manufacturers Mutual Insurance Company
Associated Indemnity Corporation
Atlantic Mutual Insurance Company
-24-
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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 and Deposit Company of Maryland
Fireman's Fund Insurance Company
Firemen's Insurance Company of Newark, New Jersey
First National insurance Company of America
Foremost Insurance Company
Fremont Indemnity Company
General Accident Insurance Company of America
General Insurance Company of America
General Reinsurance Corporation
-25-
• ' •
CITY OF SAN JUAN CAPISTRANO
COUNTY OF ORANGE
STATE OF CALIFORNIA
SPECIFICATIONS
AND CONTRACT DOCUMENTS
REHABILITATION OF CAMINO CAPISTRANO SOUTH CITY LIMIT
TO 2200 FEET SOUTH OF SAN JUAN CREEK ROAD (CAR WASH)
CITY COUNCIL
GARY L. HAUSDORFER, MAYOR
PHILLIP R. SCHWARTZE KENNETH E. FRIESS
LAWRENCE F. BUCHHEIM ANTHONY L. BLAND
CITY MANAGER
S. B. JULIAN
DIRECTOR OF PUBLIC WORKS
W. D. MURPHY
NOVEMBER, 1988
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TABLE OF CONTENTS
REHABILITATION CAMINO CAPISTRANO SOUTH CITY LIMIT
TO 2200 FEET SOUTH OF SAN JUAN CREEK ROAD (CAR WASH)
TITLE PAGE
CONTRACT DOCUMENTS
Notice Inviting Bids...........................................................1
BidProposal..................................................................3
Schedule of Work Items ....................... ................................6
Non -Collusion Affidavit........................................................7
Designation of Sub-Contractors.................................................9
Instructions to Bidders........................................................10
Contract....................................................................16
BidBond....................................................................20
Performance Bond............................................................22
Labor &Material Bond........................................................24
Listing of Surety Companies...................................................26
SPECIAL PROVISIONS
Work to be Done
Section 1
Standard Specifications.......................................SP-1
Section 2
Terms Defined...............................................SP-2
Section 3
Flow and Acceptance of Water.................................SP-2
Section 4
Water .................................... ..................
SP -2
Section S
Insurance and Overhead Costs..................................SP-2
Section 6
Protection of Existing Utilities (Underground
Service Alert)...............................................SP-2
Section 7
Protection of Private Property.................................SP-3
Section 8
Construction Zone .......................................
..... SP -3
Section 9
Pre -Construction Coordination Meeting .................
........ SP -3
Section 10
Caltrans Permit ............... ......... .............
......... SP -3
DETAIL SPECIFICATIONS AND METHOD OF PAYMENT
Bid Item 1 Cold Plane & Pavement 2" Deep ............................... DS -1
Bid Item 2 Cold Plane do Pavement 2" Deep to Zero ........................ DS -1
BidItem 3 Pavement Reinforcing Fabric ................................. DS -2
BidItem 4 Remove Existing AC ......................................... DS -3
BidItem S Asphalt Concrete Paving ..................................... DS -4
Bid Item 6 Adjustment of Manhole Frames do Cover ........................ DS -4
BidItem 7 Pavement Interchange ....................................... DS -4
BidItem 8 Traffic Control ............................................. DS -4
STANDARD PLANS
Water District Drawing No. W3
0
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-
REHABILITATION OF CAMINO CAPISTRANO SOUTH CITY LIMIT
1
SOUTH OF SAN JUAN REEK ROAD (CAR WA
NOTICE INVITING BIDS
Public notice is hereby given that the City of San Juan Capistrano will,
'
up to 2:00 p.m., on the 23rd day of January 1989, receive sealed proposals or bids for the
REHABILITATION CAMINO CAPISTRANO SOUTH CITY LIMIT TO 2200 FEET SOUTH
'
OF SAN JUAN CREEK ROAD (CAR WASH) in accordance with the approved Plans,
Specifications, Provisions,
Special and the Standard Specification for Public Works
Construction, 1988 Edition, including all supplements therefor, on file in the office of the
'
City Clerk of the City of San Juan Capistrano, California. Bids will be received until the
time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto,
'
San Juan Capistrano, California.
No bid will be received unless it is made on a proposal provided within these specifi-
cations. Each proposal or bid must be accompanied by a certified check, cash, cashier's
check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less
than ten percent of the total bid amount.
The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited
to said City in the event such successful bidder fails to enter into the required contract
within 15 days after the written notice that said contract has been awarded to him for
the work.
A pre-bid conference is scheduled at 10:00 a.m. on the 16th day of January 1989, at the
City offices. The contractor shall have the opportunity for clarification or interpre-
tation of any point or points of question within the plans and contract documents or
specifications. It is the contractor's responsibility to be in attendance at this conference
'
to receive any information disclosed during the proceedings, for the City shall not dis-
seminate any records of the conference. Exclusive of written addendums and this pre-bid
'
conference, the City shall not be responsible for any instructions, explanations, or inter-
pretation of the plans, specifications, and contract documents presented to the bidders in
any manner.
The successful bidder, simultaneously with the execution of the contract, will be required
to furnish a Faithful Performance Bond equal in the amount of one -hundred percent
(100%) of the contract price. The surety bond company must be selected from among the
surety companies set forth in the surety list provided herein.
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The City Council reserves the right to reject any and all bids received and to compare
the relative merits of the respective bids and to choose that which in the opinion of said
City will best serve the interests or needs of said City.
A time limit of forty (401 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 oftheCity of San
Juan Capistrano, and is dated: ��CP✓n%✓Gr / j, /%r!!
CITY CLEW(
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
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7�
BID PROPOSAL
For the: REHABILITATION OF CAMINO CAPISTRANO SOUTH CITY LIMIT
TO 2200 FEET SOUTH OF SAN JUAN CREEK ROAD (CAR WASH)
' From:
Contractor
' To the Honorable City Council
City of San Juan Capistrano
' Gentlemen:
The undersigned, as bidder, declares that he has carefully examined the location of the
' proposed work as described, examined the Plans, Specifications, Special Provisions, and
the Standard Specifications for Public Works Construction, 1988 Edition, including all
supplements therefor, read the Instructions to Bidders, and is familiar with all proposal
' requirements, and hereby proposes and agrees, if the proposal is accepted, to complete
the said construction in accordance with the Contract Documents, as defined in Section
' 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump
sum given on the following pages of this proposal, amounting to a total of:
Words $ Figures
' Said amount to include and cover all taxes, the furnishing of all materials, the
performing of all the labor requisite or proper and the providing of all necessary
machinery, tools, apparatus, and other means of construction; also, the performance and
' completion of all the work in the manner set forth, described and shown in the Specifica-
tions or the drawings for the work.
If the contract is awarded, the undersigned agrees to enter into a contract with the City
and to commence work within fifteen (15) calendar days from the date of execution
' thereof, and to diligently prosecute the work to completion before the expiration of forty
(40) 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.
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The estimated quantities of work indicated in the proposal are approximate only being
given solely as a basis for comparison of bids. It is understood that the City does not
expressly, nor by implication, agree that the actual amount of work will correspond
therewith, but reserves the right to increase or decrease the amount of any item or
portion of the work or to omit portions of the work as may be deemed expedient by the
Engineer.
It is also understood by Bidder that the City of San Juan Capistrano has the right to
reject this proposal or to award a contract to the undersigned at the prices stipulated. If
the proposal is rejected, then any check or cashier's check shall be returned to the
undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is
accepted and the undersigned fails to enter into a contract within fifteen (13) days after
the agreement is delivered to him for signature, or within such further time as may be
granted by the City Council, then said check shall be cashed or said bond declared forfeit
and an amount equal to the difference between the lowest bid and the next lowest bidder
who will execute a contract shall be paid into the treasury of the City of San Juan
Capistrano as liquidated damages for the failure of the undersigned to comply with the
terms of this proposal.
Accompanying this proposal is (Insert
"$ cash", cashier's check, certified check or bidder's bond on the forms from
Pages 18 and 19 of these Contract Documents, as the case may be), in an amount equal
to at least ten percent (10%) of the total bid.
The following is the name and place of business of the surety company which will furnish
the required bonds as surety if the work is awarded to the undersigned:
Licensed in accordance with an act providing for the registration of contractors —
License No.
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Signature of Bidder:
9 0
(If an individual, so state. If a firm or co -partnership, state the firm name and give the
names.of all individual co-partners composing the firm: President, Secretary, Treasurer,
and Manager thereof.)
Dated:
Business Address
Dated:
Telephone Number
Further, the undersigned bidder certifies that he has thoroughly checked the figures set
forth in this proposal, that they are correct to the best of his knowledge and that they
constitute his proposal for the work called out herein.
Dated:
Dated:
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Signature of Bidder
Telephone Number
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SCHEDULE OF WORK ITEMS
1
' Approximate Work Items With Unit Price
Item Quantity (Written in Words)
[1
1
1
1
1
32,100 S.F.
Cold plane A.C. 2" deep for the
unit price of
dollars per square foot.
2
17,200 S.F.
Cold plane A.C. 1 }" deep to
zero for the unit price of
dollars per square foot.
3
39,305 S.Y.
Furnish and install pavement
reinforcing fabric for the unit
price of
dollars per sq. yd.
4
291 Ton
Remove existing asphalt
concrete for the unit price of
dollars per ton.
5
3,482 Ton
Furnish and install asphalt
concrete for the unit price of
dollars per ton.
6
39 Ea.
Adjust frame and cover to grade
for the unit price of
dollars per each.
7
LS
Furnish and install pavement
markings for the lump price of
dollars.
8
LS
Traffic control for lump sum
price of
dollars.
Total Bid
Price (Enter here
and on Page 3
W ords
1 -6-
Unit Price Total Amount
(In Figures)
Figures
0
Pr owed
PhysicalProoerty
Requirement
Weight, Ounces Per Square Yard - ASTM
Designation: D 1910
3.0 to 8.0
1
Grab
Tensile Strength (1 -Inch Grip),
Pounds - ASTM Designation: D
90 Min.
1117
Elongation at Break, Precent - ASTM
Designation: D1117
40 Min.
Fabric Thickness, Mils - ASTM
Designation: D 461
12 to 100
1
1
1
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Pr owed
'
NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
SS.
County of )
being first duly sworn deposes
and says that he is of
the party making the foregoing bid; that such bid
is not made in the interest of or on behalf of any undisclosed person, partnership,
'
company, association, organization, or corporation; that such bid is genuine and not
collusive or sham; that said bidder has not directly or indirectly induced or solicited any
'
other bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or
that any one shall refrain from bidding; that said bidder has not in any manner, directly
or indirectly, sought by agreement, communication or conference with any one to fix the
'
bid price of said bidder or of any other bidder, or to fix the bid price of or cost element
of such bid price, or of that of any other bidder, or to secure any advantage against the
public body awarding the contract of any one interested in the proposed contract; that all
'
statements contained in such bid are true; and further, that said bidder has not directly
or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid and will not pay any fee in
connection therewith, to any corporation, partnership, company, association,
organization, bid depository, or to any member or agent thereof, or to any other
individual except to any person or persons as have a partnership or other financial
interest with said bidder in this general business.
DATED.
'SIGNATURE
On this the day of , 19_ before me, the undersigned, a
'
Notary Public in and for said State, personnally appeared
personally known to
'
melproved 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-
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DESIGNATION OF SUB -CONTRACTORS
Submit with Proposal.
In compliance with the Provisions of Section 4100-4107 of the Government
Code of the State of California as amended, the undersigned certifies that he has used
the sub -bids of the following listed sub -contractors in making up his bid, and that the
sub -contractors listed will be used for the work for which they bid, subject to the
approval of the Engineer, and in accordance with the applicable provisions of the
Specifications. It is understood and agreed that all those portions of the work called for
in the contract documents for which a sub -contractor is not listed will be performed by
the undersigned through his forces. If no sub -contractors are listed, all bonds and
insurance will be written in the name of the general contractor only.
I.
2.
3.
4.
5.
6.
7.
8.
Item of Work Sub -Contractor Address Phone No.
BIDDER'SNAME
AUTHORIZED SIGNATURE
10
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INSTRUCTION TO BIDDERS
' Securing Documents
Plans, Specifications and other contract documents will be available for examination
' without charge and copies may be secured in accordance with the "Notice Inviting Bids".
Examination of Plans, Specifications and Site of Work
' The bidder is required to examine the site of work, the Proposal, the Plans and the
Specifications, Special Provisions, and the Standard Specifications for Public Works
' Construction, 1988 Edition including all supplements, very carefully. He shall satisfy
himself as to the character, quality and quantities of the work to be performed, the
' materials to be furnished and the requirements of the Contract Documents. The plans
for the work show conditions as they are believed to exist, but it is not to be inferred
that all the conditions as shown thereon are actually existent, nor shall the City or any of
' its officer 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
1
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.
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' 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.
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Disqualification of Bidders
No person, firm or corporation shall be allowed to make, file or be interested in more
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than one bid for the same work unless alternate bids are called for. A person, firm or
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corporation who 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
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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
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figures; and the signatures of all persons signing shall be in longhand. Where there is
a conflict in the words and 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
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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
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responsibility, technical ability, equipment and references properly and fully filled
out.
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E. Each bidder shall 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
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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 (LO)
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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
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awarded the contract, will in good faith enter into such contract and furnish the
required bonds.
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The bidder agrees that, in case of his refusal or failure to execute said contract and
give bonds within the time required by these documents, such check or bond, and the
money represented thereby, shall remain the property of the City and, if the bidder
shall fail to execute said contract, said surety will pay to the City the damages
which the City may suffer by reason of such failure, not exceeding the sum of ten
(10) percent of the amount of the bid. A bid received and not accompanied by such
cashier's check, certified check or approved bond shall be rejected.
G. Bids shall be delivered to the City at the location stipulated, on or before the day
and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting
Bids". Bids shall be enclosed in a sealed envelope bearing the title of the work, the
name of the bidder, bid opening date and time of bid opening.
' Licensing of Contractor
All persons, firms, partnerships or corporations shall be licensed in accordance with the
' Business and Professions Code of the State of California and the applicable ordinances of
the City and County before doing any work of any kind.
Withdrawal of Bids
Any bidder may withdraw his bid in person or by written request at any time prior to the
' scheduled closing time for receipt of bids.
' Opening of Bid Proposals
The City will, in open session, publicly open, examine and declare the bids at the time set
' forth in the "Notice Inviting Bids". Bidders or their authorized representatives are
invited to be present.
' Award of Contract or Rejection of Bids
No bidder may withdraw his bid for a period of forty five (45) days after the date set of
' the opening of bids. The contract for the work will either be awarded or the bids
rejected within the forty five (45) days form 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 or erasures.
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' Assignment of Contract
No assignment by the Contractor of any contract to be entered into hereunder or any
part thereof, or of funds to be received thereunder by the Contractor, will be recognized
by the awarding authority unless such assignment has had prior approval of the awarding
authority and the surety has been given notice of such assignment in writing and has
' consented thereto in writing.
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The bidder shall execute two copies of the written contract with the City and furnish the
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stipulated bonds, insurance and bid breakdown within fifteen (15) days after the bid
opening date. The contract shall be made in the form adopted by the City. The release
of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made
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upon the City's acceptance of the Labor and Materials Bond and the Faithful
Performance Bond.
If the bidder to whom the award is made fails to enter the contract as herein provided,
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the award may be annulled and an award may be made to the next lowest responsible
bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the
party to whom the first award was made. A corporation to which an award is made shall
furnish evidence of its corporate existence and evidence that the officer signing the
contract and bonds for the corporation is duly authorized to do so.
Bonds
The successful bidder, simultaneously with the execution of the Agreement, will be
required to furnish a Labor and Material Bond in a sum not less than one hundred percent
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(100%) of the total amount payable by the terms of the contract and a Faithful
Performance Bond
in a sum not less than one hundred percent (100%) of the amount of
the contract. Said bonds shall be secured from a surety company listed as acceptable on
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the list included in these specifications. Bonds must be submitted on the forms contained
in these specifications.
Time of Performance
The work shall be commenced within fifteen (15) calendar days from the date of issuance
of the Notice to Proceed and shall be diligently prosecuted until completion. A time
limit of forty (40) calendar days form the date specified in the Notice to Proceed has
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been set for completion of the work. The bidder's attention is directed to the
specifications as to provisions for extension of time of completion and/or assessment of
liquidated damages.
' Assignment of Contract
No assignment by the Contractor of any contract to be entered into hereunder or any
part thereof, or of funds to be received thereunder by the Contractor, will be recognized
by the awarding authority unless such assignment has had prior approval of the awarding
authority and the surety has been given notice of such assignment in writing and has
' consented thereto in writing.
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Workmen and Wastes
' 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.
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' CONTRACT
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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:
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' 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, 1983 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 The Rehabilitation of Camino Capistrano South
City Limit to 2200 Feet South of San Juan Creek Road (Car Wash) 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.
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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.
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' FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR
' agrees to begin and complete the work within the time specified in the Notice Inviting
Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual
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.
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' 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
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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
any SUB -CONTRACTOR under him, shall pay not less than the foreqoing specified
prevailing rates of wages to all workmen employed in the execution of the contract.
SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this
contract liability and property damage insurance naming the City and its elected and
appointed officials as a named insured, which such policies shall be of an amount not less
than One Million Dollars combined single limit. Insurance certificates shall be for a
minimum period of one year.
The insurance policies shall bear an endorsement or shall have an attached rider
providing that in the event of expiration or proposed cancellation of such policies for any
reason whatsoever, the City shall be notified by registered mail, return receipt
requested, giving a sufficient time before the date thereof to comply with the applicable
law or statute but in no event less than 30 days before expiration or cancellation is
effective. CONTRACTOR shall provide to City the policy certificate establishing that
the required level of insurance has been satisfied.
CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and
employees from and against any and all claims, demands, loss or liability of any kind or
nature which Lessor, its officers, agents and employees may sustain or incur or which
may be imposed upon them or any of them for injury to or death of persons, damage to
property as a result of, or arising out of, or in any manner connected with the
performance of the obligations under this construction agreement.
EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC
CONTRACTS. City is subject to the provisions of the Government Code and the Labor
Code of the State of California. It is stipulated and agreed that all provisions of law
applicable to public contracts are a part of this contract to the same extent as though
set forth herein and shall be complied with by CONTRACTOR. These include, but are
not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and
CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each
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workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-
CONTRACTOR, for each calendar day during which such workman is required or
permitted to work more than eight (8) hours in violation of the provisions of Article
Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as
permitted by law.
IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of
City, pursuant to Council action, and by CONTRACTOR on the date set before the name
of each.
' DATED:
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ATTEST:
Mary Ann Hanover, City Clerk
' APPROVED AS TO FORM:
' John R. Shaw, City Attorney
CITY OF SAN JUAN CAPISTRANO
BY:
MAYOR
BY•
CONTRACTOR
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' BID BOND
C�
' 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 , 19for 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.
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IN WITNESS WHEREOF, the above -bounden parties have executed this
instrument under their several seals this day of ___, 19J the name and
corporate seal of each corporate party being affixed hereto and these presents duly
signed by its undersigned representative pursuant to authority of its governing body.
Two Witnesses (If Individual)
PRINCIPAL
ATTEST (If Corporation)
Corporate Seal
ATTEST
Title
BY:
Title:
BY:
Title:
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SURETY
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That
as Principal, hereinafter called CONTRACTOR, and
as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San
Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of
Dollars for payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors, and
assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor has by written agreement dated
, entered into a (describe agreement):
which contract is by reference made a part hereof;
NOW, THEREFORE, the condition of this obligation is such that, if Principal
shall promptly and faithfully perform said agreement, then this obligation shall be null
and void; otherwise it shall remain in full force and effect. Surety waives whatever legal
right it may have to require that a demand be made first against the principal in the
event of default.
BE IT FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition to the face
amount specified, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
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2. Said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or modification of the contract documents or of the work
to be performed thereunder, shall in any way affect its obligations or this bond, and it
does hereby waive notice of any such change, extension of time, alterations, or
modifications of the contract documents or of work to be performed thereunder.
Executed this day of 19 , at
California.
APPROVED AS TO FORM
PRINCIPAL
(NOTARIZATION AND SEAL)
SURETY
(NOTARIZATION AND SEAL)
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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
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WHEREAS, said Principal is required to furnish a bond in connection with the
said contract providing that if said Principal, or any of his or its sub -contractors, shall
fail to pay for any materials, provisions, provender or other supplies or teams used in,
upon, for or about the performance of the work contracted to be done, or for any work or
labor done thereon of any kind, the surety or this bond will pay the same.
NOW, THEREFORE, we
Principal, and as surety, are
held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the
penal sum of DOLLARS
($ ), lawful money of the United States of America, for payment of which sum
well and truly to be made we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its
heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to
pay for any materials, provisions, provender, or teams, or other supplies or equipment
used in, upon, for or about the performance of the work contracted to be done, or for any
work or labor done thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor as required by the provisions of Title 1,
Division 3, Chapter 3 of the Government Code of California as amended, that the surety
will pay for the same In an amount not exceeding the sum specified in this bond and also
in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the
court. This bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under said act, so as to give a right of action to them
or their assigns in any suit brought upon this bond.
FURTHER, the said surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or modification of the contract documents or of
the work to be performed thereunder shall in any way affect its obligation on this bond
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the contract documents or of work to be performed thereunder.
As a part of the obligation secured hereby, and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
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IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed by
the Principal and surety herein named on the day of
19 . The name and corporate seal of each corporate party being hereto affixed and
these presents duly signed by its undersigned representatives pursuant to authority of its
governing body.
APPROVED AS TO FORM
By
By
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SURETY
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Prepared By: Office of City Attorney
San Juan Capistrano
7/29/85
LISTING OF SURETY COMPANIES
QUALIFYING UNDER SURETY BOND COMPANY RATING CRITERIA
The following surety bond companies are qualified to submit surety bonds to the City of
San Juan Capistrano. The criteria utilized in rating surety bond companies are:
A.M. Best Company Rating of "A";
U.S. Treasury Underwriting Limitation of $1,000,000.00 or more.
Use of any other surety company may only be allowed with approval of the City
Attorney.
AID Insurance Company
Aetna Casualty and Surety Company of Illinois
Aetna Reinsurance Company
Affiliated FM Insurance Company
Alaska Pacific Assurance Company
Allendale Mutual Insurance Company
Allstate Insurance Company
American Automobile Insurance Company
American Casualty Company of Reading, Pennsylvania
American Centennial Insurance Company
American Credit Indemnity Company
American Economy Insurance Company
American Indemnity Company
The American Insurance Company
American Manufacturer's Mutual Insurance Company
American Motorists Insurance Company
American Mutual Liability Insurance Company
American Re -Insurance Company
American States Insurance Company
Argonaut Insurance Company
Arkwright-Boston Manufacturers Mutual Insurance Company
Associated Indemnity Corporation
Atlantic Mutual Insurance Company
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' Listing of Surety Companies, Continued
Page Two
Federated Mutuallnsurance Company
'
The Fidelity and Casualty Company of New York
Auto -Owners Insurance Company
Balboa Insurance Company
'
Bankers Multiple Line Insurance Company
Boston Old Colony Insurance Company
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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
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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 Mutuallnsurance Company
'
The Fidelity and Casualty Company of New York
Fidelity and Deposit Company of Maryland
Fireman's Fund Insurance Company
'
Firemen's Insurance Company of Newark, New Jersey
First National Insurance Company of America
'
Foremost Insurance Company
Fremont indemnity Company
'
General Accident Insurance Company of America
General Insurance Company of America
General Reinsurance Corporation
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