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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. -14- 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 -13- 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 -16- 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: -17- I. 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. -4- 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 -5- 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 -2- 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 N G 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: -5- 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. -6- 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 LM /nj m z 0 E < � u It <u %2 \C3 0— (0 Lqw z w � w � « � w Q k § x \ § 0 _ 3 f $ j 0 I / } / ƒ § � P § 7 t k § \ J k k W ( � w 0 ) § � § ) , �\\ �> W [\q � ;� ■ ■ �00 G S W/ J ] \ \ W ,: B k % \t � : . \ 1 e c § §; $ S 4U. § : j §! / § LEI /k■� «22 .� � /r / o cn ten$ C; \ \ ! � 2d f $ j 0 I / } / ƒ § � P § 7 t k § \ J k k W ( � w 0 ) § � § ) , 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- u 2 _ 11 ii � rt rt u d SSnmw.�'oS o .moo+ 11 m {IY O g_ 1 m- 1 6 m !_ _ r_ o - _ 1Y1 1 O I C Y � Yf N T H! P N m 1 !' 1 11 V I I m P M O O I 11 m 6 Z 11 1 W W 1 1 N N M N M O N O I I I J 11 N O I i 1 �N F ry II Z C I 1 p p S O O O O O I N I O Iff It i .r d i .e .e vvao- II 6 O 1 1 N! 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O 11 _I Q N 1 N I U W U I i 11 J U T H Cmt r 11 m 66 1 C 1 6� W W J H W 1 11 6 1� rJ 1 1 > 6 lli i LL 1 H 11 1q1 Idyl 1¢ ¢ Y by I 1 p W 11 I Y 1 .O N M1 m IIY I/] O 1 M1 I 1 11 11 1 u � 1 P M1 N Cl H rt O � 1 N rt M1 P M rt P C_ I rt 1 1 N 1 i I N II 1 O 1 N N N M N m 11 W I I N 1 N 1 4 a i i em- IIi SI ¢ y Z N t 1 i 1 1 J P 1 1 1 m M II 4l 11 U S N L¢.1 1 1 M O O S O O N d>¢ O NJ .pp O O O O y N 11O= J-0 � ; 6 ;_� 11 I 1 0 0 0 6 O O O O 1 O I O O I O 1 11 1 •^ b 1 0 0 0 O O O O O 1 O 1 N 1 j 1 N N M M M M N � irta i u 1 1 11 H 1 Y d 1 I M1 � Y II 11 H N ♦ 1 - rt _ 1 rt � 1 II W 1 1 I II 11 N I 1 1 WW I ✓ I..1 I 1 11 (p 1 1 I Ii W i i j 11 II 1 1 1 1 1 1 11 11 1 i F' Y 1 N N I LL S Y O� i 6 I I 11 1 Y O O 11'f .-� N P .. •-• 1 II 11 1 F 1 M 1 O 1� I h r H 11 6 1 O4 i 1 ii H i i o i n 11 II 6 L.1 1 I I 1 nW.l I U I 1 I II I 1 O G i 11 11 O Z Z 1 1 1 f H QI I 6 1 I ii C p i I W W C I 11 11 6 O U I 1 W 6 1 Nit ry I I 1 y dy// 4 C I W N W Oii iyp JJ 1 11 4 1 N 1� 6 1•- W U F 1 y 7 > 6 1 O HI O 6 11 1 w 1 1 1 1 Ll N J 1 1 1 6 ii C T yy i i 1 p N N S 1 1 J r__ ii4_lllll •r 1 4 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- 1 1 1 1 1 1 1 1 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 P 1 1 1 1 �I 1 0 0 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 1 • . P iv cNv rcci avu:n yr am,4 jurui I mr-r-m :cvnu %%.n,c wnan/ ' 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. -1- 1 9 • 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 1 1 -2- 1 1 BID PROPOSAL 1 For the: REHABILITATION OF CAMINO CAPISTRANO SOUTH CITY LIMIT TO 2200 FEET SOUTH OF SAN JUAN CREEK ROAD (CAR WASH) i 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. -3- 1 ' The estimated quantities of work indicated in the proposal are approximate only being ' given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or ' portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If ' the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be ' granted by the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan ' Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. ' Accompanying this proposal is (Insert "$ cash", cashier's check, certified check or bidder's bond on the forms from ' Pages 18 and 19 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. ' The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: ' Licensed in accordance with an act providing for the registration of contractors — ' License No. Signature of Bidder: Cli 1 -4- 1 1 1 1 0 0 (if an individual, so state. If a firm or co -partnership, state the firm name and give the names.of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: Business Address Dated: Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: Dated: -5- Signature of Bidder Telephone Number 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 11 SCHEDULE OF WORK ITEMS N CAMINO CAPISTRANO SOI Ia 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 Ia 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 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 -6a- • Requirement 3.0 to 9.0 90 Min. 40 Min. 12 to 100 ' 0 0 1 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 -7- ' 9 0 I 1 fJ I I 1 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 -8- 1 LJ 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. 1 -9- 0 ' Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. ' Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or 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 t 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. ' -l0- ' 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. -11- 1 I 0 0 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. t 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. 1 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. ' -12 1 1 1 1 1 1 0 0 Workmen and Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids". Building Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. -13- H I r L I H n I H 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. -14- 1 ' 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 1 1 1 1 J 1 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 -15- I 0 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. 1 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 1 1 DATED: H 1 1 1 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. D 1 1 1 1 1 1 1 1 E 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 I • 0 ' PERFORMANCE BOND ' KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San ' Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): ' which contract is by reference made a part hereof; ' NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. ' BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face ' amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such ' obligation, all to be taxed as costs and included in any judgment rendered. 1 -20- 0 0 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this day of California. APPROVED AS TO FORM PRINCIPAL (NOTARIZATION AND SEAL) SURETY (NOTARIZATION AND SEAL) -21- 19 , at 1 • • 1 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- 1 1 1 1 1 1 1 i i 1 1 1 1 i 1 1 1 1 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 I 1 1 1 1 1 1 1 1 0 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- I 1 1 Listing of Surety Companies, Continued Page Two Auto -Owners Insurance Company Balboa Insurance Company Bankers Multiple Line Insurance Company Boston Old Colony Insurance Company The Camden Fire Insurance Association Centennial Insurance Company Central Mutual Insurance Company The Central National Insurance Company of Omaha The Charter Oak Fire Insurance Company Cigna Insurance Company Commercial Insurance Company of Newark, New Jersey The Connecticut Indemnity Company Continental Casualty Company The Continental Insurance Company Continental Reinsurance Corporation Dependable Insurance Company, Inc. Employers Mutual Casualty Company Employers Reinsurance Corporation Fairmont Insurance Company Farmers Alliance Mutual Insurance Company Federal Insurance Company Federated Mutual Insurance Company The Fidelity and Casualty Company of New York Fidelity 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 U 1 0 0 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. -1- 1 F 1 0 The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of forty (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 -2- 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. -3- I n 1 1 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. -k- 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: -5- Signature of Bidder Telephone Number ' 0 0 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 -6a- 0 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- I I 1 Fl LJ 1 1 r 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 1 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. -9- ' 0 0 ' Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and ' said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda ' issued may render his bid invalid and result in its rejection. t 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 t 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 will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial ' responsibility, technical ability, equipment and references properly and fully filled out. ' E. Each bidder shall 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 (LO) ' percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if ' awarded the contract, will in good faith enter into such contract and furnish the required bonds. -10- I 1 0 0 The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond, and the money represented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten (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. 1 9 0 ' Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has ' consented thereto in writing. ' 12 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. 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. 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. ' 12 1 0 0 1 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. 1 1 1 1 1 1 1 1 1 1 I -13- 1 ' CONTRACT 1 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: 1 ' 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. I 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. 1 1 -14- ' 0 0 ' 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. J ' 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 '-15- C I 1 1 I 1 I 1 1 1 1 0 1 GI 1 1 C 1 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 -16- I 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: IJ ATTEST: Mary Ann Hanover, City Clerk ' APPROVED AS TO FORM: ' John R. Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO BY: MAYOR BY• CONTRACTOR -17- I ' 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. 1 -18- 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: -19- SURETY I 1 I 1 I r PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -20- 0 0 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this day of 19 , at California. APPROVED AS TO FORM PRINCIPAL (NOTARIZATION AND SEAL) SURETY (NOTARIZATION AND SEAL) -21- I I 1 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. -22- 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 • • IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the day of 19 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. APPROVED AS TO FORM By By -23- PRINCIPAL SURETY E 1 I H 0 Prepared By: Office of City Attorney San Juan Capistrano 7/29/85 LISTING OF SURETY COMPANIES QUALIFYING UNDER SURETY BOND COMPANY RATING CRITERIA The following surety bond companies are qualified to submit surety bonds to the City of San Juan Capistrano. The criteria utilized in rating surety bond companies are: A.M. Best Company Rating of "A"; U.S. Treasury Underwriting Limitation of $1,000,000.00 or more. Use of any other surety company may only be allowed with approval of the City Attorney. AID Insurance Company Aetna Casualty and Surety Company of Illinois Aetna Reinsurance Company Affiliated FM Insurance Company Alaska Pacific Assurance Company Allendale Mutual Insurance Company Allstate Insurance Company American Automobile Insurance Company American Casualty Company of Reading, Pennsylvania American Centennial Insurance Company American Credit Indemnity Company American Economy Insurance Company American Indemnity Company The American Insurance Company American Manufacturer's Mutual Insurance Company American Motorists Insurance Company American Mutual Liability Insurance Company American Re -Insurance Company American States Insurance Company Argonaut Insurance Company Arkwright-Boston Manufacturers Mutual Insurance Company Associated Indemnity Corporation Atlantic Mutual Insurance Company -24- 0 ' 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 ' 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 t 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 1 -25- 1-1