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1990-0719_IPS SERVICES_Contracte 90-366239 - n4k RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City C San Juan Capistrano Cit Clerk's Department 32400 Paseo Adelanto George arb rough, Acting Cityk San Juan Capistrano, CA 92675 XEMP City of San Juan Capistrano, CA C14 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contact was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to IPS Services for the performance of the following work: SLURRY SEAL OF CITY STREETS, 1990 That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 3rd day of July, 1990, by Resolution No. 90-7-3-1 That upon said contract, the Safeco Insurance Company of America was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 9th day of July 1990. George Scar rough, Actitig Cit Cle� City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, GEORGE SCARBOROUGH, the duly appointed and qualified Acting City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano, California, this 9th day of July , 1990. RECORDED 1% OFFICIAL RECORDL' OF ORANGE COUNTY.CAUFORNM MM pJUL 111990 P. M. ,4 , Q y g,m,.r,&ECORDER George S r rough, Acting it Clerk City of San Juan Capistrano City Copy • 0 CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and I.P.S. SERVICES, INC., hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 1988 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of Slurry Seal of City Streets, 1990 in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual -14- amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay City such sum as the Court may judge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by City in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or -15- any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this construction agreement. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB- CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article -16- V 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: 5/1/90 CITY OF SAN JUAN CAPISTRANO AP VE AS TJORM: ,— John T Shaw, City Attorney -17- 0 0 CONSENT CALENDAR It was moved by Councilman Bland, seconded by Councilman Friess, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (300.30) The Lists of Demands da ad June 14 and June 28, 1990, in the total amounts of $454,2 x.57 and $1,710,698.51, respectively, were approved as submi ted. 2. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60) The Report dated July 3, 1990, from the Director of Community Planning and Development, regarding actions taken at the meeting of June 20, 1990, was ordered received and filed. 3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated July 3, 1990, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of June 18, 1990, was ordered received and filed. 4. REPORT OF PLANNING COMMISSION ACTIONS (440.40 The Report dated July 3, 1990, from the Director of Community Planning and Development, regarding actions taken at the meetings of June 20 and June 26, 1990, was ordered received and filed. ---5� SLURRY SEAL OF CITY STREETS 1990 - RESOLUTION. NOTICE OF COMPLETION, AND FINAL REPORT (IPS SERVICES. INC.) (600.30) As set forth in the Report dated July 3, 1989, from the City Engineer, the slurry seal of City streets for 1990 was completed. Acceptance of Work: The following Resolution was adopted: -2- 7/3/90 0 9 RESOLUTION NO. 90-7-3-1. COMPLETION OF SLURRY SEAL OF CITY STREETS. 1990 (IPS SERVICES) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE SLURRY SEAL OF CITY STREETS, 1990 (IPS SERVICES) The Resolution accepted the work as complete in the amount of $33,418.36 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 $3,341.84 thirty-five (35) days after recording the Notice of Comple- tion. 6. CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION - RESOLU- TION NOTICE OF COMPLETION AND FINAL REPORT (SULLY -MILLER) (600.30) As set forth in the Report dated July 3, 1989, from the City Engineer, the construction of Connemara Drive and Glenariff Lane rehabilitation was completed. The project entailed the reconstruction of curbs and gutters in front of 27091, 27081, and 27071 Glenariff Lane and 33741, 33751, and 33761 Connemara Drive where standing water had become a problem. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO 90-7-3-2 COMPLETION OF CONNEMARA MILLER CONTRACTING) - 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 REHABILITATION OF CONNEMARA DRIVE AND GLENARIFF LANE (SULLY MILLER CONTRACTING) The Resolution accepted the work as complete in the amount of $22,715.10 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 $2,271.51 thirty-five (35) days after recording the Notice of Completion. -3- 7/3/90 AGENDA ITEM TO: FROM: SUBJECT: SITUATION • Stephen B. Julian, City Manager Theodore G. Simon, City Engineer 0 July 3, 1990 Slurry Seal of City Streets 1990 - Resolution, Notice of Completion and Final Report (IPS) The construction of Slurry Seal of City Streets 1990 has been completed to the satisfaction of the City Engineer and is ready for acceptance by the City Council and recordation of a Notice of Completion with the County Recorder. The following streets were slurried: Camino La Ronda, Paseo Labranza, Via Puntero, Via Estancia, Via Fiero, Calle San Remo, Via Rueda, Via Montura, Paseo Corrales, Paseo Establo, Harmony Hall Court, Belford Drive, Rosedale Drive, Casa Grande Drive, Santa Margarita Place, Spring Street, Avenida Padre, Avenida Los Amigos, Avenida La Paloma, and the alley from Avenida Padre to Avenida La Paloma, and from Avenida La Paloma to Avenida Golondrina. NOTIFICATION IPS COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS The Contract was awarded to IPS Services for $34,988.36 and was completed for $33,418.36 due to a minor reduction in scope. ALTERNATE ACTIONS Accept the improvements. 2. Do not accept the improvements. 3. Refer to Staff for additional information. FOR CRY COUNCIL AGEN`W [- : 5 Y 0 0 RECOMMENDATION By resolution, determine that the work for Slurry Seal of City Streets 1990 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 $3,341.84 thirty five (35) days after the recordation of the Notice of Completion. Respectfully submitted, Theodore G. Simon TGS/BP:ssg RESOLUTION NO. 90-7-3-1 COMPLETION OF SLURRY SEAL OF CITY STREETS, 1990 (IPS SERVICES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE SLURRY SEAL OF CITY STREETS, 1990 (IPS SERVICES) WHEREAS, on the Ist day of May, 1990, the City of San Juan Capistrano entered into a contract with IPS Services for the Slurry Seal of City Streets, 1990; and, WHEREAS, the City Engineer 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 $33,418.36. 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 ounty Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this of July , 1990. ,GARY ,. HAU DOR ER, MA OR ATTEST: -1- day 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, GEORGE SCARBOROUGH, Acting 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. 90-7-3-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day ofJul_, 1990, by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland and Mayor Hausdorfer NOES: ABSENT: (SEAL) / J2/,f q j - 0,111 )L12!' %d', /%t:cd& GEORGE SCARBOROUGH, ACTT G CITY QPERR -2- 0 NOTICE TO PROCEED TO: IPS Services P.O. Box 10458 San Bernardino. CA 92423-0458 RECEWD MEMBERS OF THE CITY COUNCIL NTHONY L. BLAND 23 LAWRENCE F. BUCHHEIM KENNETH E. FRIESS rel -V tiiir GARY L. HAUSDORFER Ql4h IMci4I PHILLIP R. SCHWARTZE C;fi r' )WN CITY MANAGER IUAN I 10',4 STEPHEN B JULIAN Project: 1990 Slurry Seal of City Streets Amount of Contract: $34,988.36 You are hereby notified to commence work on the referenced contract on or before May 22, 1990, and to fully complete all of the work of said contract within 30 consecutive calendar days thereafter. Your completion date is June 21, 1990. The contract provides for an assessment of the sum of $100.00 as liquidated damages for each consecutive calendar day after June 21, 1990, that the work remains incomplete. Dated this 21st day of June, 1990. George Scarborough Acting City Clerk ACCEPTANCE OF NOTICE Receipts of the�or ing Notice to Proceed is hereby acknowledged e byaz this' ' n&day of 1990. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 Please Sign, Date anAheturi DRUG USE IS May 4, 1990 IPS Services P. O. Box 10458 San Bernardino, California 92423-0458 Re: Award of Contract - 1990 Slurry Seal of City Streets 0 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held May 1, 1990, awarded the contract for the 1990 Slurry Seal of City Streets to your company at $34,988.36. Enclosed is a fully executed copy of the Agreement for your records. The City has received all insurance; however, the Worker's Compensation expired on May 1st and we will need a renewal. 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 trruullyyours, Cheryl Johnson Deputy City Clerk Enclosure cc: Director of Public Works (with copy of contract) Director of Administrative Services Receiptfof-th foregoing By is hereby acknowledged: This (t ` day of []2(k4= 1990. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40) The Report dated May 1, 1990, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of April 9, 1990, was ordered received and filed. 6. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated May 1, 1990, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of April 16, 1990, was ordered received and filed. 7. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated May 1, 1990, from the Director of Community Planning and Development, regarding actions taken at the meetings of April 19 and 24, 1990, was ordered received and filed. AWARD OF CONTRACT - SLURRY SEAL OF CITY STREETS 1990 (IPS SERVICES. INC.) (600.30) As set forth in the Report dated May 1, 1990, from the Director of Public Works, the contract for the Slurry Seal of City Streets, 1990, was awarded to IPS Services, Inc. in the amount of $34,988.36. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 9. AWARD OF CONTRACT - CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION (SULLY -MILLER) (600.30) As set forth in the Report dated May 1, 1990, from the Director of Public Works, the contract for the Rehabilitation of Connemara Drive and Glenariff Lane was awarded to Sully - Miller Contracting in the amount of $20,022.50. The rehabilitation includes the reconstruction of curbs and gutters in front of 27091, 27081, and 27071 Glenariff Lane and 33741, 33751, and 33761 Connemara Drive. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 10. AWARD OF CONTRACT - CITY VEHICLES (370.30) As set forth in the Report dated May 1, 1990, from the Director of Public Works, the contracts for the purchase of four new City trucks were awarded as follows: (1) To McPherson Chevrolet in the amount of $13,591.43 for one mid-size four-wheel pickup truck; -4- 5/1/90 AGENDA ITEM TO: FROM: SUBJECT: SITUATION 0 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works 0 May 1, 1990 Slurry Seal of City Streets 1990 - Award of Contract Bids were opened April 2, 1990 for Slurry Seal of City Streets 1990. The bids are valid until May 17, 1990, a period of 45 days from the opening date. Bids were received as follows: IPS Services, Inc. $34,988.36 Doug Martin Contracting Co., Inc. $36,492.16 Roy Allan Slurry Seal, Inc. $40,608.10 Pavement Coatings Co. $43,213.45 Asphalt Maintenance Co. $48,659.40 The following streets are scheduled: Camino La Ronda, Paseo Labranza, Via Puntero, Via Estancia, Via Fiero, Calle San Remo, Via Rueda, Via Montura, Paseo Corrales, Paseo Establo, Harmony Hall Court, Belford Drive, Rosedale Drive, Casa Grande Drive, Santa Margarita Place, Spring Street, Avenida Padre, Avenida Los Amigos, Avenida La Paloma, and the alley from Avenida Padre to Avenida La Paloma, and from Avenida La Paloma to Avenida Golondrina. Staff is recommending award of contract to the low responsible bidder IPS Services, Inc. NOTIFICATION IPS Services, Inc. Doug Martin Contracting Co., Inc. Roy Allan Slurry Seal, Inc. Pavement Coatings Co. r Asphalt Maintenance Co. All residents will be notified two weeks prior and again 72 hours prior to construction work. COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FOR CRY COUNCIL AGEND 0 AGENDA ITEM . • May 1, 1990 Page 2 FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is $39,000. $13,000 is available for the construction of this project in account No. 12-6900-4710-119 this year and $26,000 was allocated at the approval of plans and specifications from the 1990-91 account to complete the funding of this project. ALTERNATE ACTIONS 1. Award the contract for Slurry Seal of City Streets 1990 to the low responsible bidder, IPS Services, Inc. 2. Do not award the contract. 3. Request further information from Staff. RECOMMENDATION By motion, award the contract for Slurry Seal of City Streets 1990 to the low responsible bidder, IPS Services, Inc. in the amount of $34,988.36 and reject all other bids. Authorize the Mayor and City Clerk to execute the documents on behalf of the City. Respectfully submitted, W. D. Murphy WDM/BP:ssg • • � i;a 3; � c ai,ucuuZ PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Bond # 5627241 That IPS SERVICES. INC. as Principal, hereinafter called CONTRACTOR, and SAFECO INSURANCE COMPANY OF AMERICA, 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 THIRTY FOUR THOUSAND NINE HUNDRED EIGHTY EIGHT AND 36/100---- Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): SLURRY SEAL OF CITY 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. 0 • Executed this 16TH day of REDLANDS , California. APPROVED AS TO FORM APRIL PRINCIPAL 19 90 , at IPS SERVICES,G_ER/I _ (NO ARIZATION AND SEAL) y:NOL UICeQtvi�)) w� SURETY SAFECO INSURANCE COMPANY OF AMERICA (NOTARIZATION AND SEAL) BY: �� RICHARD A. BEALL ATTORNEY-IN-FACT -21- STATE OF CALIFOR IA County of San Bernardino on this to Ln day of personally appeared ACKNOWLEDGMENT BY SURETY it ss -, in the year 1990 before me Notary Public personally ��known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrurge T as the Attorney -in -Fact and acknowledged to me that he (she) subscribed the name of JJ Insurance Com ny of America the to as Surety and his (her) own name as Attorney -in -Fact. IN WITNESS WHE ' ,,�. n � an nd affixed my ffi al Seal, at my offic in the of resaid County, the day and year in this cern a ove jt�%. COWELL ��Ay L NOTARY PUBLIC-CAJFORNIA ��ylll SAN BERNARDNotary Public INO COUNno� S-115] R212/85 STATE OF CALIFORNIA }ss. COUNTY OF.�i� 1YiLZf (fl(7 On this O day of �._1Jrj in the year 19 ---LY before me, the undersigned, a Notary Public in and for said State, personally appeared OFFTCr 1 ;?S. (� `iAa ( YQSI 41A– x31. _ CARVIr iii i7 m NOTARY PI ::;N,. personally known to me +: SAN C r r DIPoe ) to be the person_ whose name— subscribed ce, : E>P,a vn , ,1^aa 1S subscribed to the within instrument, and acknowledged to me that _he_ executed it. WITNESS my hand and official seal. fxtt __9 b&94. Q ACKNOWLEDGMENT General—r,c.on Farm 233oA—Rev. 5-92 Notary Public in and for said State. ©1982 WOLCOTTS, INC. (price class BQl • Premium Included LABOR AND MATERIAL BOND BOND # 5627241 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to IPS SERVICES, INC. License No. ,hereinafter designated as "Principal", a contract for SLU L OF CITY STREETS 1990 ;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 SAFECO INSURANCE COMPANY OF AMERICA .as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of THIRTY FOUR THOUSAND NINE HUNDRED _EIGHTY EIGHT AND36/100 DOLLARS ! (534.988.36?, lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, ! including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -22- • IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each • of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 16TH day of APRIL 19 90. 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 1] IPS SERVICES, INC. PRINCIPAL �- J n ah UICe- YfS C��nT SAFECO INSURANCE COMPANY nF AMERICA SURETY C RICHARD A. BEALL ATTORNEY-IN-FACT -23- ® • POWER • SAFECO INSURANCE COMPANY OF AMEPiCA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 SAFECO No. 9002 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ----------RICHARD A. BEALL; RANDALL J. VAN GROUld, Redlands, California ----------- its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents 18th day of August , 1989. CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (il) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this /�/� day of ` 19 5-1300 R5 3/86 PRINTED IN U.S.A. • i B I D O P E N I N G R E P O R T Bids opened April 2. 1990 at 2400 am/pm Project Title Slurry Seal City Streets - 1990 Project Engineer Brian Perry Pre -Bid Estimate $39.000.00 Bid Bid Bidder: Amount Bond 1. Asphalt Maintenance Company p, 6 5 % 4l� --:Y- 2. / z, Doug Martin Contracting Company, Inc. 3. IPS Services, Inc. ¢, Pavement Coatings Company Z� 5. Roy Allan Slurry Seal, Inc.i /p 6. 7. Em 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. I BID PROPOSAL • For the: SLURRY SEAL OF CITY STREETS - 1990 From: TPS Ser vices Incprppro_ted 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 pa es of this proposal, amounting to a total of: Thi r kv facer +hoUSCOU , 2iqht hl-tncired P.I(lltr,-2ir3ht nnri 3tp/io2S $34,9F8,3to or i— Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifica- tions or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of forty-five (45) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. • The estimated quantities of work indicated in the proposal are approximate only being -3- 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 c?t IcL (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. 0 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: Aoe_rli� &ew l Licensed in accordance with an act providing for the registration of contractors -- License No. 4aISa6 Firanrkd 6e-ruiceS, RcdlandB, CA Signature of Bidder: =/?S SVlceSsflc• ✓ ,_2 T�a( I) Vice Pres, SM • (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.) 9a�eds =*PS Se.rUlC2S -Enc, Dated: mr-Ir. 30, l9GG Ra Wx f U45- San ee nQr�l/iK� CJS Business Address -7(4--79q-.-uoI 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: il' ar, aI Ig90 E n U -5- • SCHEDULE OF WORK ITEMS SLURRY SEAL OF CITY STREETS - 1990 Total Bid Price (Enter here and on Page 3) 0 Figures Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amount I LS Mobilization for the lump sum price of two thousand dollars. $2,000.00 2 539,420 SF Slurry Seal, Type II for the unit price of fit- w'g/fb C2fl't5 deUacs per square foot. $0,0'g $25.'392:1�v 3 200 SF Asphalt concrete repair for the unit price of rSeyeY1 W ?5/)CD-- dollars per square foot. $ _L65 $ 1�7p,O 4 LS Pavement markings for the lump sum price of fpur+h ve huncir-ed dollars. Kan 7-0/oc'-- $1 5 5 LS Streetsweeping seven days after application of slurry for the • lump sum price of -FiYP hj,ullirell r "O/loo—dollars. $ 6 LS Streetsweeping 14 days after application of slurry for the lump sum price ofh ft dollars. $ Total Bid Price (Enter here and on Page 3) 0 Figures • 0 0 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA County of ss. San Bex-hardiru� ) �,)onn 1-I. tiom , being first duly sworn deposes and says that he is Vice Pnoside_nt of _TPJ SJeryiceG SIIG 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:_ ✓ S NATU E��4�Y 300 `Tchn A. On this the 3t -day of MClr CF1 , 19 CID before me, the undersigned, a Notary Public in and for said State, personally appeared Sohn A. H4-11 personally known to me/ to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that he, executed it. OFFICIAL SEAL "�`. (hP,S1t (i1lYfRT NOTARY �'MRIC CALIFORNW G mt xYp. WITNESS my hand and official seal. SAN L'FSNIADINO COUPJN MyC,,,,,, Was Feb 13, 1993 -7- • 0 0 DESIGNATION OF SUB -CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the following listed sub -contractors in making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub -Contractor I . N oru, 2. • 3. 4. 5. 6. 7. 8. E Address Phone No. SIX SPXU IGeS _Incor po U le[y BIDDER'S NAME AUTrRIZED SIGNATURE • BID BOND BBSU#5436559 KNOW ALL MEN BY THESE PRESENTS, that we, IPS SERVICES, INC. as PRINCIPAL, and SAFECO INSURANCE COMPANY OF AMERICA 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 $ 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 bid dated MARCH 30, 1990 -.4,--- for the construction of SLURRY SEAL OF CITY STREETS 1990 forthe 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 11 accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -18- • IN WITNESS WHEREOF, the above -bounden parties have executed this • instrument under their several seals this 30TH day of MARCH 19 90 • 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) IPS SERVICES, INC. PRINCIPAL BY: 0��xe /'& Title: V Ick PreS i do p -f ATTEST (If Corporation) Corporate Seal SAFECO INSURANCE COMPANY OF AMERICA SURETY ATTEST Title: RICHARD A. BEALL ATTORNEY-IN-FACT Title -19- ACKNOWLEDGMENT BY SURETY STATE OF CALIFORN County of -4 r,\ C.,- n rr—j l n C1 ss tt ° �his ✓ U day of rv-\,r^ r r -in the year %�, before me IR , �-e0,, I't I. ',Notary Public personally appeared` k personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instru�lent 1s the Attorney -in -Fact and acknowledged to me that he (she) subscribed the name of lh�t P �' 0 Insurance Company of America thereto as Surety and his (her) own name as Attorney -in -Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed mIal Seal, at my offic n the aforesaid Count the day and year in this certificate first above written. % /% ///{/�� L OFFICIAL SEAL `. � "DEBBIEU Notary Public MI NIA OUNPf 109 S-1157 R212/85 1, STATE OF CALIFORNIA �- ^CJ rz _ COUNTY OF SYl &2rY 0 -rd I f)C) ss. On this day of MQ rCil in the year 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared OFFICIAL' EAL and CIRCLE CACdERT 10 NOTARY F11E1.10 .,ALIFORNA , personally known to me £" SAN EE.9RARDINO COUNTY MW Comm ErpiresFeo.13, 1993 ( �. ) to be the persons who executed the within instrument as V IiPPresident and Secretary, respectively, of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to Its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. nn ACKNOWLEDGMENT—Garp —Pres B Sec—WOIcoOs Form 222CA—Rev 11-83 C 001983 WOLCOTTS. INC (price class 8 2) Notary Public in and for said State. • POWER • HOMESAFECOINSURANCECOMPANY OF AMERICA OF ATTORNEY HOME OFFICE. WSAFECOASHINGTON PLAZA SEATTLE, WASHINGTON 98785 SAFECO No. 8002 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ----------RICHARD A. BEALL; RANDALL J. VAN GROUW, Redlands, California ----------- its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents 18th day of August 19 89, CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand �and affixed the facsimile seal of said corporation this .xJ -N day of 1 Y `�`�/ �1 , 19 0 . 5-13W R5 3/86 PRINTED IN U S.A. 0 CONTRACTOR LICENSE AFFIDAVIT STATE OF CALIFORNIA ) ss. COUNTY OF � Cl rnoxch no �hn A• F I , being first duly sworn, deposes and says that he er RhQ is V 1Cc PreSideRfi Title of IPS SERVICES INCORPORATED Name of Firm the party making the foregoing bid, is a licensed contractor and understands the information shown below shall be included with the bid, and understands that any bid not containing this information, or if this information is subsequently proven to be false, shall be considered non-responsive and shall be rejected by the County of Orange. 421528 A Contractor's State License Number and Classification 4/30/90 License Expiration Date I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Subscribed at: Mentone (San Bernardino County) California City and County State on march 30 19 90 Da e NOTARY TO AFFIX 2� SEAL AND q -V CERTIFICATE OF 11Signature ACKNOWLEDGMENT 421528 A State License Number and Classification 1670 Sessums Drive Street Address Redlands- California 92374 City State and Zip Code 714 ) 794-2101 Telephone STATE OF CALIFORNIA n,,. COUNTY OF 5 Y Gam+_ n0-rdi M On this �0*1__ day of N 1 t 0,. _Ch , in the year 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared OFFICIMal SEAL and L POLE 1yERi personally known to me �u '!1•� NOTARYPuelic-CALIf09NA p SAN seRNA.Ro�.No counry(OF PFOY8 to be the persons who executed the ae My SAN BERNARUNt C 13. 1993 within instrument as VtCP President and Secretary, respectively, of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. i WITNESS my hand and official seal. rPCLte�o �Q�iQi�e ACKNOWLEDGMENT—Corp —Pos 6 Sx.—Wnlcoes Form 222CA—Rev 1483 © I 19e3wOLCOTTo�coTTs.iNc IWrteclas:e2i Notary Public in and for said State. ft 6. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated March 6, 1990, from the Director of Community Planning and Development, regarding actions taken at the meeting of February 27, 1990, was ordered received and filed. ' • ' • • • Y1Y • • • • • / 1 `I 1 The Report dated March 6, 1990, from the Director of Community Planning and Development, regarding actions taken at the joint worksession of February 22, 1990, was ordered received and filed. i' •1401 • As set forth in the Report dated March 6, 1989, from the Director of Public Works, the plans and specifications were approved for the slurry seal of City Streets for 1990, with a project estimate in the amount of $39,000. Staff was authorized to call for bids and allocate $26,000 from the 1990-91 Preventative Street Maintenance Account to complete the funding of this project. As set forth in the Report dated March 6, 1989, from the Director of Public Works, the plans and specifications were approved for the rehabilitation of Connemara Drive and Glenariff Lane to reconstruct curbs and gutters, as well as some driveway apron and street reconstruction. Staff was authorized to call for bids. LO. PROGV4 . • 1 As set forth in the Report dated March 6, 1989, from the Director of Public Works, the contract for the abatement of weeds and refuse, in accordance with Ordinance No. 348, was accepted as complete and was awarded to Stewart Ranch in the amount of $14,036.85. The program will commence in May and will be completed by June 1990. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. -4- 3/6/90 AGENDA ITEM TO: FROM: SUBJECT: SITUATION i Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works 0 C March 6, 1990 Plans and Specifications and Authorization to Receive Bids - Slurry Seal of City Streets - 1990 Staff is requesting approval of plans and specifications and authorization to receive bids for the Slurry Seal of City Streets - 1990. The following streets are scheduled: Camino La Ronda, Paseo Labranza, Via Puntero, Via Estancia, Via Fiero, Calle San Remo, Via Rueda, Via Montura, Paseo Corrales, Paseo Establo, Harmony Hall Court, Belford Drive, Rosedale Drive, Casa Grande Drive, Santa Margarita Place, Spring Street, Avenida Padre, Avenida Los Amigos, Avenida La Paloma, and the alley from Avenida Padre to Avenida La Paloma, and from Avenida La Paloma to Avenida Golondrina. NOTIFICATION All residents will be notified 2 weeks prior and again 72 hours prior to construction work. COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is $39,000. One hundred thousand dollars ($100,000) has been budgeted in Account No. 12-6900-4710-119 this year. Eighty seven thousand dollars ($87,000) has been expended on previous projects, and $13,000 is available for the construction of this project. Staff is recommending allocation of $26,000 from the 1990-91 account to complete the funding of this project. ALTERNATE ACTIONS 1. Approve the plans and specifications for the Slurry Seal of City Streets 1990 and authorize Staff to receive bids. 2. Do not approve the plans and specifications 3. Request additional information from Staff. FOR CITY COUNCIL AGENDAz. AGENDA ITEM • • March 6, 1990 Page 2 RECOMMENDATION By motion, approve the plans and specifications for the Slurry Seal of City Streets 1990 and authorize Staff to receive bids. Authorize Staff to allocate $26,000 from the 1990- 91 Preventive Street Maintenance Account. Respectfully submitted, LJ� UJ'Q i W. D. Murphy/ WDM/BP:nb 0 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange I am a citizen of the United States and a resident of the County aforesaid: I am over the age of twenty one years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Capistrano Val- ley News, a newspaper of general circulation in the City of San Juan Capistrano, County of Orange, and which newspaper has been adjudicated to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, June 5, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange and the South Orange 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: March 15, 22, 1990 I declare under penalty of perjury that the foregoing is ture and correct. Executed at Mission Viejo, Orange County California,this... 2?,ng. dayofMareb_19..90... .............. .......... Signature Capistrano Valley News 23811 Via Fabricante P.O. Box 3629 Mission Viejo, Calif, 92690 0 This space is for the County Clerk's Filing Stamp RECEIVED MAR Z9 11 38 IM '90 CITY DEPARTMENT CITY Of SAN JUAN CAP ,TPAN? Proof of Publication of NOTICE. I19VI.TING . S..IAS........................... . SLURRY SEAL CITY STREETS — 1990 IllelnlheoDlpff/Yr N,Adelenlo, SanJW* a the n -W I"'a each cal of Pow WA BY.DAWN W SCHANDERL, DIQIR'Y- YARV ANN HANOVEH, CITY CLIIIIIIIE CITY OFSANNANCAPI- ORA NGE000NTY.CAL _ Ca&ke VWeyNeta al 22. low .. -.."• NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Bea Gougeon, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: PROOF OF PUBLICATION: THURSDAY, MARCH 15, 1990 THURSDAY, MARCH 22, 1990 NOTICE INVITING BIDS - SLURRY SEAL CITY STREETS - 1990 Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 AUTHORIZED BY:", ,xw/ / DATE: March 8, 1990 J Date of Bid Opening Date (s) notice published Date affidavit received Date notice posted in designated posting places (3) - 04/02/90 - 03/15/90 - 03/22/90 -3/zRlga dry -03/15/90 NOTICE INVITING BIDS SLURRY SEAL CITY STREETS - 1990 Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Slurry Seal of City Streets - 1990 until 2:00 P.M. on the 2nd day of April, 1990. A pre-bid conference is scheduled at 10:00 A.M. on the 26th day of March 1990, at the City offices to assist contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at the non-refundable charge of $10.00, plus a charge of $5.00 for each set of Plans and Specifications mailed. Dated: March 8, 1990 MARY ANR, CITY CL RK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA j 0 PRESS RELEASE SLURRY SEAL CITY STREETS - 1990 NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 2nd day of April 1990, receive sealed proposals or bids for the SLURRY SEAL OF CITY STREETS - 1990 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 26th day of March 1990, at the City offices. The contractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not dis- seminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one -hundred percent (100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the surety list provided herein. -1- The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of forty-five (45) calendar days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of plans and specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor's License number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated: CITY CLEVX CITY OF TAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- E July 13, 1990 Jw6M • I.l IAIIA1011111 • I�uunl 1961 1776 MEMRERB OF THE CITY COUNCIL ANT ONY L. ELAND LAWRENCE F. RUCHNEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN E JULIAN IPS Services P. O. Box 10458 San Bernardino, California 92423-0458 Re: Completion of Slurry Seal of City Streets 1990 Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held July 3, 1990, adopted Resolution No. 90-7-3-1, accepting the work completed for the Slurry Seal of City Streets, 1990, in the amount of $33,418.36. A copy of Resolution No. 90-7-3-1 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 July 11, 1990; therefore, the final payment, in the amount of $3,341.84, may be released on August 15, 1990. Thank you for your cooperation. Very truly yours, Cheryl Johnson Deputy City Clerk Enclosure cc: Director of Public Works Director of Administrative Services Accounts Payable 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499.1171 FROM 1 A A. • S. Is. 1999 a P. I V RA;ltO LIABILITY ENDORSEMENT 2g 1990 CI'T'Y OF SAN 7UAN CAPLSTRANO Mpy COMMUNITY REDFVELOPMFNT AGENCY a,,oF S2400 Paseo Adelanto y s sy,,,ca 'ajj10 a San��Caplstram California 92673 s Ar i -- PQ--. O"M a N Endorsement u 1 I. Insurance CompanyAetna Casual t Policy Number 86 CO 5376696 CCA 2. Policy Term (Prom) 10 1 a9 0 f e Endorsement Ect ve Date —57777u- 3. Named Insured IPS Services,_Inc. 4. Address of Named Insured 16 essums Drive, Redlaffiag, UN 9ZT 7 5r ^ 1. Llmlt of Liability Any One Occurrence Aggregate 5 uuu,uuu 2, DOT, 000 General Liability Aggregate (check ones) Applies "per locatlon/project" Is twice the occurrence limit X""`� 6. Deductible or Self-insured Retention (Nil unless otherwise speclfled� $ 1,000 7. Coverage Is equivalent too Comprehensive General Liability form GL0002 (Ed 1/73) X Commercial General Liability "clalms-made" form CG0002 S. Bodily Injury and property Damage Coverage Is: . , "claims -made" "occurrence" If claims -made, the retroactive date Is B. POLICY AMENDMENTS This endorsement Is Issued In consideration of the policy premium. Notwithstanding any lnconsiste statement in the policy to which this endorsement is attached or any other endorsement attaclx thereto, It is agreed as follows: I. INSURED. The City and the Community Redevelopment Agency, Its elected or appointe officers, officials, employees and volunteers are Included as Insureds with regard to damag, and defense of claims arising from: (a) activities performed by or on behalf of the Name Insured, (b) products and completed operations of the Named Insured, or (c) premises owne leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As re3pectst (a) work performed by the Named Insure for or on behalf of the City; or (b) products sold by the Named Insured to the Cltyl or ( premises leased by the Named Insured from the Clty, the Insurance afforded by this poly shall be primary Insurance as respects the City, Its elected or appointed officers, official employees or volunteers; or stand In an unbroken chain of coverage excess of the Name Insureds scheduled underlying primary coverage. In either event, any other Insuranc maintained by the City, its elected or agpolnted of ficers, oflicl ls, employees or voluntee shall be In excess of this Insurance and s all not contribute w th �t. 3. SCOPE OF COVE 9, This policy, If primary, altor*verage at least as broad as: j - (1) Insurance Services Office form number GL 0002 (Ed. 1/73), Comprehensive General Llablllty Insurance and Insurance Services office form number GL 0404 $road Fora comprehensive General Liability endorsement) or (2) Insurance Services Office Commercial General Liability Coverage, "occurrence' form CG 0001 or "claims -made" form CG 00021 or (3) if excess, affords coverage which is at least as broad as the primary lnsumna forms referenced In the preceding sections (1) and (2). e, SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately tc each Insured who is seeking coverage or against whom a Oalm is made or a suit is brought, except with respect to the Company�s limit of liability. 3. PROVISIONS REGARDING THE AISUREIYS DUTIES AFTER ACCIDENT OR LOSS. An) failure to comply with reporting provisions of the policy shall not affect coverage providec to the City and the Community Redevelopment Agency, Its elected or appointed officers officials, employees or volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended voided, cancelled, reduced In coverage or In limits except after thirty (30) days' prior writter notice by certilled mail return receipt requested has been given to the City. Such notice shall be addressed as shown In the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the Insurer au ATM Aetna Casualty, Claims Tltle Department c/o D & D United Insurance (Company) as 9t Street treet Address Upland CA 91786 (City) State p C&reT 71 946-4207 (Telephone) D. SIGNATURE or INSURER OR AUTHORIZED R,�.PRESENTATIYE OF THE INSURER 1, _R�wroblewski (print/type name), warrant that I have authority to bind the below Ilste Insurance company and by my signaug neon do so bl this co any# $IGNAPITMOKKU—THOR-ME-DRLPRB TATIVL (or( Inal signature required on endorsement furnished to the City> CiCMIZAT1Clrh --D-& D United Insurance, Inc. TIT1.E1 secretary/ Treasurer AXRESSI 305 East9tly St.. Ua1aW4, Ca 91786 TELEPH3f,1 (714) 946-4207' **+END.*. AI: NUN. PRODUCER CODE Beall and Van Grouw Ins. 308 W. State St., Suite 1 B Redlands, Ca. 92373 IPS Services, Inc. P.O. Box 10458 San Bernardino, Ca. 92423 SUN -CODE 30 •�"`� 05/16/90 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW MPANIES AFFORDING COVERAGE MAY 2 I� 'ii �a N _ C}LETTER A SAFECO INSURANCE COMPANY JU E EDWAW I. a 7 GENERAL AGGREGATE ITEFTER° 111IJ $ PERSONAL A ADVERTISING INJURY COMPANY C LETTER - FIRE DAMAGE (Any one fire) :........_ COMPANY D LETTER COMBINED - COMPANY E LETTER EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. C0: POLICY EFFECTIVE POLICY EXPIRATION ITA: TYPE OF POLICY NUMBER ALL LIMITS IM THOUSANDS GENERAL LIABILITY . COMMERCIAL GENERAL LIABILITY 'CLAIMS MAGE . 000Ufl.. . OWNER'S S CONTRACTOR'S PROT. AUTOMOBILE LIABILITY ANY AUTO _!. ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM ..!.......... ... .. _......_...... ...................... WOPCFR'a CnMPFUSATION A AND EMPLOYERS' LIABILITY OTHER WC8140896 DATE(MM/OD/YY) DATE(MM/DD/YY) GENERAL AGGREGATE S ........................................................................................ PRODUCTS-COMP/OPS AGGREGATE $ PERSONAL A ADVERTISING INJURY $ :. ......................... ........ .................. EACH OCCURRENCE ..... ............ S - FIRE DAMAGE (Any one fire) :........_ ... $ ............._................ ..... ..... ........:. MEDICAL EXPENSE (Any one person) ........ ............... .... : S COMBINED - SINGLE $ LIMIT BODILY..... .... INJURY $ (Per person) BODILY JURY $ (Per accident) j PROPERTY S DAMAGE EACH AGGREGATE OCCURRENCE :...... ................................................ ............... ................ ............... .... ........... ................. ..: CRIPTION OF OPERA71ONS/LOCATIONS/VENICLES/REETRICTIONSISPECIAL ITEMS .... _.._. .... ........ 05/01/90 05/01/91 S 1,000 (EACH ACCIDENT) 3 1,000 (DISEASES-POLICV LIMIT) .. .............. E 1,000 (DISEASES EACH EMPLOYEE) RE: SLURRY SEAL OF CITY STREETS 1990 CITY OF SAN JUAN CAPISTRANO CITYOF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA. 92675 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL�IY9UAW X MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE I PRODUCER Beall and Van Grouw Ins. 308 W. State St., Suite 1B Redlands, Ca. 92373 CODE 177684 SUB -CODE ... ..... ...... .... ........... ........... ....... ........................ ....... I IPS Services, Inc. P.O. Box 10458 San Bernardino, Ca. 92423 05/10/90 ........ ......... ........_........ I ............ ......_ _........_._......... _............... THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOESNOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY LETTER A SAFECO INSURANCE COMPANY COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co- TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS TR DATE (MM/DD/YY) RATE (MM/DD/YY) GENERAL LIABILITY : L..._ GENERAL AGGREGATE S ........... - : COMMERCIAL GENERAL LIABILITY j ............._.......... I ............ .......... ,....:.. .............. PRODUCTS-COMP/OPS AGGREGATE S -..,;... CLAIMS MADE OCCUR. PERSONAL&ADVERTISING INJURY $ .......... .._.__. OWNER'S & CONTRACTOR'S PROT. ......... ._......._. .._. ...................... EACH OCCURRENCE S i ! FIRE DAMAGE (Any one fire).... ....... ........_._ .._.__.................... .......... ................... ............. ............... ....... MEDICAL EXPENSE (Any one person) S AUTOMOBILE LIABILITY ! ED S SINGLE $ ANY AUTO f LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per Person) HIRED AUTOS BODILY . S NON -OWNED AUTOS (Perlaccident) GARAGE LIABILITY ........ .` PROPERTY S DAMAGE EXCESS LIABILITY. ....... ....... EACH AGGREGATE ...... `. OCCURRENCE ....:.. ;,4 S $ OTHER THAN UMBRELLA FORM wq STATUTORY ! WORKER'S COMPENSATION . S 1 OOD (EACH ACCIDENT A' AND WC8140896 05/01/90 05/01/91 1,000 (DISEASES -POLICY LIMIT) EMPLOYERS' LIABILITY ..L.._..THE. ... _...._..._ .._...__,_.... ....:........... .._................ ........_..... _. ........... :.._... .... ..._........ S .. '... _......... 1,000 (DISEASES -EACH EMPLOYEE) OR ........... .. ........... ........... ......_............ ............ ................-......._.... .................... .............. ....._.......... DESCRIPTION OF OPERATIONSAOCATIONSNEMCLESAIESTRICTIONSAPEC1AL ITEMS RE: SLURRY SEAL OF CITY STREETS 1990 CITY OF SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA. 92675 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATWE sd' r .�Ji k :�?, D & D UNITED INS., INC. 305 EAST NINTH STREET UPLAND, CA 91786 714-946-4207 FAX 946-2707 i k f F IPS SERVICES, INC. 1670 SESSUMS DRIVE REDLANDS, CA 92373 . A M ATE I .. .. .GEA ,f kF)7'� AFFC-^a'_Ni: 05/_10/90 f 1-I SNO C;FFRb AT;1OES NOT Aw/,Era l� t CCC o'ER AGE THIS IS TO CEPT IFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TME INSURED NAMED ABOVE FOR THE FOLICY PERIOD INDICATED, NOTWITHS-ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TC WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AL, ThS TF.RME. EXCLUSIONS, AND CONDI TIONS OF SUCH POLICIES. TRI ypp .;c "SUFE tiCE 1 QOLICY r,UJHEFC _ ,yr;y".L �, I�i� _,:".S IN THOUSANDS GENEFAL. LIABILITY O 5376696 CCA 10 _ dq /Ol/B91 10/01%90 — -- j5 2L000 X1 r.c(u.R..ua; 2,000 r n' — — --- — $11000 X a._ PA -5k r,c rrT,.—ENL - — -- $1.000 A 100 AUTOMOBILE LIABILITY X AInATo ALI OWNED AUW5 SCHEDULED AUT^S IXC HIRED AUTOS X NON DWNED FDTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION AND EMPLOYERS' LIABILITY OTHER J 833204 CCA 1"19151 07/15/89 07/15/90' — — 12,'0 1.000 rMaa c 10/01/8910/01/90 T a 2,000 I IS�PT �rp�. 'II 5 IEncN acao=N,T, j IDSEA$E POLIC\ L MIT, I �$ i I -- oseASL-Lacy eMPlnv DESCRIPTION OF OPERATIONS/LOCATIONS/ VEHICLES I RESTRICTIONS/ SPECIAL ITEMS JOB: SLURRY SEAL OF CITY STREET, 1990, CITY OF SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 AI:01111. 25-S (T T /B5) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX PIRATION DATE THEREOF, THE ISSUING COMPANY WILLNmemumMm MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ��/'I\I/o {i � if ii is •11 � {i� 7117.,.o,.. ,..,. 04/09/90/09/90 PRODUCER IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Beall and Van Grouw Ins. CO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 308 W. State St., Suite 1 B E TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW All LIMOS IN THOUSANDS f Redlands, Ca. DATE (MM/DD/YY) GENERAL LIABILITY COMPANIES AFFORDING COVERAGE 92373 GENERAL AGGREGATE $ :......... COMMERCIAL GENERAL LIABILITY COMPANY LETTER A SAFECO INSURANCE COMPANY CGDE 177664 SUB -CGDE ! ..COMPANY ...... ........ ....... .......... ...... ... . .. ......_....... __ B INSUgED : LETTER COMPANY C IPS Services, Inc. LETTER E P.O. BOX 10456 COMPANY San Bernardino, Ca. LETTER D 92423 COMPANY E `. LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION All LIMOS IN THOUSANDS LTR- DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY _' GENERAL AGGREGATE $ :......... COMMERCIAL GENERAL LIABILITY ... ... _.... ..:....._................ PRODUCTS-COMP/OPS AGGREGATE - $ '? CLAIMS MADE OCCUR. - PERSONAL A ADVERTISING INJURY f OWNER'S S CONTRACTOR'S PROT. '. EACH OCCURRENCE ', S E FIRE DAMAGE (Any one fire) $ MEDICAL EXPENSE (Any one person) $ AUTOMOBILE LIABILITY ... .. ..... .. `. COMBINED SINGLf ANY AUTO - LIMIT ALL OWNED AUTOS BI ODLY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY$ :i ........i NRY..... NON -OWNED AUTOS (Per accident) ....,.... GARAGE LIABILITY PROPERTY f DAMAGE EXCESS LIABILITYEACH AGGREGATE 'i: OCCURRENCE . R4 S S ..: OTHER THAN UMBRELLA FORM "... ' ...; .. ......_._.. ....._..._. .. _._._ .................. .............._. .............. .......... .. ., .� STATUTORY WORKER'S COMPENSATION 'A'. $ 1 OOO (EACH ACCIDENT) AND WC0140896 05/01/89 05/01/90 ............ $ 1,000 (DISEASESPOLICY LIMIT) EMPLOYERS' LIABILITY f 1,000 (DISEASES -EACH EMPLOYEE) ......:......... .. ... ........................ ........ ._.;.......... .._...._....... ...........,.... DINER _.... _......_ ......i...... .... ............ ........_... .........._.. ......_._...... ...._.......... _. .......... ... .. ........... ......_...... :i................ .......... .. ............._. DESCRIPTION OF OPERATIONSAOGTIONSNEHICLESAIESTRICOONSISPECIAL ITEMS ................ ........... _............. _.......... ....._..........._..................... ......... RE: SLURRY SEAL OF CITY STREETS 1990 CITY OF SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL UUMMEM MAIL 30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF SAN JUAN CAPISTRANO LEFT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA. r"si AUTHORIZED REPRESENTATIVE 92675 _. 0 i / 11 17 O PRODUCER D & D UNITED INS., INC. 305 EAST NINTH STREET UPLAND, CA 91786 714-946-4207 FAX 946-2707 IPS SERVICES, INC. 1670 SESSUMS DRIVE REDLANDS, CA 92373 I• � i xlariF E^EF LFTTEk� �� 44 04/Q9/90 THIS C,Er.TIFICATT I,. 'SSUE0 AS t. W11' I. - It, CONFK, l NORIC ° SFlo NT -'P. CFETI IC:ATE.H LOiP'H(5 LFrTER OEiNil AMFF4' FXTEr.i� OH ALTEl - HE (. ,VEA AGE AFI UFfit, _ET -ER �� `- 6itJV. COMPAWES AFF-(D'I'L — _ AETNA CASUALTY E^EF LFTTEk� C MPA, ET'ER -,OMPA*,, -- LFrTER corr�e�T E _ET -ER 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 AL L THE TER ME, EY CIL US IONS, AND CONDI- TIONS OF SUCH POLICIES. l = TRI TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY COMMERCIAL GFNEREAL�VARD'y HIPP dPRPuCE mva JLA +MS MAp 5 & COVTRAuTORS PRCTECTNE AUTOMOBILE LIABILITY ANY AUT(, Al I OWRE'J A'UTDS SCHEDULED AUTOS. HIRED AUTOS Nord -OWNED ALTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERSLIABILITY 5376696 CCA J 833204 CCA S 562092 WCA T iI LI: UPI(- P -'Ea°u 1 9 W; THOUSANDS I' ,.. ... _ ., L� 10/01/89:10/01/90 `- __ `'2,000 21,0.0-'': s I 07/15/89'07/15/90;_ 110-010-- NICE .,900._— BOL _- I - �k plc I _.•rM' I U' 10/01/89,10/01/90 �E°ATE s Y 2,000 2 , 000 i —IT :TOa. s _ s I '$ Lczs 4.�`�CT JIM 71— DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS JOB: SLURRY SEAL OF CITY STREET 1990, CITY OF SAN JUAN CAPISTRANO'�ERTIFICATE HOLDERCANCELLATION` F SHOULD ANY OF TME ABOVE DESCRIBED POLICIES BF. CANCELLED BEFORE THE E.I PIRATION DATE THEREOF. THE ISSUING COMPANY WILL 1 CITY OF SAN JUAN MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE _ CAP I STRANO LEFT, 32400 PASEO ADELANTO SAN JUAN CAPISTRANO 92675 AUTHORI R PRESENTATIVE ; A116,0111P 25 5 111 1 85) G,/U/ COVERAGE PART NUMBER: O 5376696 CCA COMMERCIAL GENERAL L.IABILITI THIS ENDORSEMENT�HANGES THE POLICY. PACE READ IT CAREFULLY. ADDITIONAL INSURED -OWNE3S, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN JUAN CAPISTRANO AND ITS ELECTED AND APPOINTED OFFICIALS j CAT. 768200 CG2010 (ED. 11-86) PRINTED IN U.S.A. m _ . �yrs. �','dc '1a—_at "... Gl't'Y OF SAN dUAAN CAPUT R.ANO WMMlVNITY %E09YELCIt! IN atCOCY 12400 Paas AdP,)A,# s S►n drawn �+bplstr4rioy t✓a%6tG+'�a g�;��'3 A. Vii..: `c' it*iP�l�l�;`+3"tr�N �I'ICl®C�47ti4rSt ;l I. I,Wjr4n06 Com an `' Cc.s� Sgrty e6 CO 5376696 CCA Pi ps9a.4 ?�•in�btr ....,�.. 2 Policy Tenn rdars n�ent c ,oct v+t ate i" �tiTD`"""" 3. Named lnsur*d" ;_ 4: Aldrasl of N,von� n9utat" E. 0 cnFS11r;S "� `"V 1! Limito I UaaI!!ty Any G>ne Occ � a�Ct ' gcgg-ata a.� =77 r _11 .�a%_ wa^.ltY�` LlB,YJllity ASgra59t4 (ChC`C.k �St4C:) Applies "per locatlon/pro�Kt'° It twice the 0+ currr,:jca iJ,nl# �d .. w:•y''w4 G`uJw.ti ^" �"34.i ^'x:Al e++ wtL"{�:1hii i,•'M 3i ::t:A4�(3$ �b r;: A • J" 1,000 M kr;� re, ervipplvpa Co3.0rai LicAki:y four, Oii./002 i d 1+��l)) x .'`�°„.fjt<'"�°,�"z:1 d 45'A!1 Caj lrl i;'_!ty''ry:al�7.,s•�.ad G�( form C( X002 •. sv �'y1n :iU jf, "� zi .'v... ag'� Y .•'•fie „� 4w•iAy P'(dv Q,e wl azee lsz ff ti ai rrf �D'r71a4'Qii It bt�i?'(i}d r/38,a�e, tty/j �ttr r• �Yw tiV�' �}{t�i i'8 �i..saMa++N.�.e�{•�e,r,ur �.'r.i."�•".].�.y.�..�+..j.�..r.__..........,..�..�...a..w�........a...-,�+nw..,...��.-..r«v...._.. �..•.+m.w..+.-..«torr...®...m,�s3..-..ya'e.w....-r+..s.�•I..+= This ef,dorse ntnt Is Itsotd In coi)41dot•ation of the -rtmlum, "Jotwithstardlnl ars; inconsaste .ta:�rs;ant l.r. rho poilcyy to wNch this tnrlorserrNtt Is attached :,, any ether worscment attach t;+ereto, It It agreed as follows; t< Shi5M. The City rand the 4orn:nitye�eclop deft Agancy, its 4i4 -tad or ippon,, oSQcersr wtf!Gtals, entployocs and vsiuntans are lnr:Med es I;zsurddt *410 r,V-41to •lama& aNd deforise of dalrns arising from! (a) Gt sivitl4# pe: fcs mad by or on behalli of kh* Nan) lntured, th1 products and completed operatiorI4 pf the tdamed lntured, r(c) premises o'wnt teased or used by she Named Insured. 2 WNTRI61171109 NOT ReQUTpEM As 66*0C (4)work p,rfotmed by the Nanrt i'�`sUI for or on, behalf of the City, or (b) prrductt sold by the ?yarned lnsured to the Cityl or preml=ts leased by tl;e Named lrsurcd frau the r~'.Ity, tho Insurance 4116rd4d by this pp01i $hall be primary Insurance as respects t! o ptt5, its tltsted or appointed otticgrs,, ofttcle F c,im .,..... f II iy Li ly 9 U .rs, h,— /r;'s a:` . 0 % k y �y ply n'rLIY{�Y✓ k,d '�9yf'�19 'v�^ri 1 �iv3 iZg 1 :�s �i e<�i�µe� §i. ��Ui 4 a�i ii .tl sE"v. r ,, �.�,..pFt,iGi,31v@ 4Crit'lr4i #�#A �' a" °Y x- a °F �rt4 i4.1 .r $r� it .. 4 9 A a 4 'c - x:ir$ 4{il• f s9{J., s,. re{ §.: +. SiS ti `aa i�� C3ui1.l Ar�',C} form log V^'ila.o 23` aI V uX11TY 0? ,tp i, ) [ � �p x+�:� _ is a; }�jfiv} 4c e4t^i•f +; tvh �risgrt* Who "s >'d kln QQv0r0:1 ,.r l�,rnt.el#: �d � �) �." 9 id to -A f Or a Ault �} �irarN�hr, 4xv-1pt WV�0 r� pect to ?�`r�i ',Yrptemj E .E i7R{i Of :%3bsl9iyl �i t,'f�GBC?`a R ��p�iQyk l3 DISUPICYS D1M5 "Ei? .4"�di�'�i + r a LOSS. Arij r.;J4tzr8a'a prOrit;�f t{i vl ref�i Y.' i?'.; `" " t,: Jr r� - 4 h+• .3r :v,'nra •7 I,a 4 d r $�T�Ol1t4��fl6r} y b�ic'.i�4ex;� {.1f p #'L 1 t rr ] r C I''. X f M'� >.1. "i. �� '�•rz 1�� b�j ttl � �+ t't f S�ai;i ilydt is }LYS}!'+�i t4� � r- '-•LI! 1 Gt i. I,:rkf f; CbaA r i r `It JINini i* 0a City. Suz;h moti.i r" t b r3 '4„d. 0,q alnd CP, 91788 a a 71 4j 946-42CO t ephone v..,uu vrN-r W�rrwrrrnrm.a..-..y�,y.SN!,w.9H�W.e.+au+vn,er+Fwe,+�tMm1,a,M'rw^ww.rv.m'4M4im..mas.aw r....n..... �..au.. .,r.,�•..e�a '^➢'"WN6�"� usw3YMri,rrfu Tf�tSt1R�E t t k _tpc•tn It.{{pe writ), W- cant that 3 by A"t`v"- tv to Not ht I) el,.-* list; dQ "'J i :}°.6� til �;��f9 ,. E RSPie ETA A _, (ar1 inai otgnat�,r`e rej+ufr�ed cn Yrunrs*mcityfytaN led t'a the Ctty� .. .ia p'R7 %rSL. 'rt .i 4 L3 jn",d:l T"1.`ura-.�r_f -¢�.r.r„r..,..aa,.«a...,...,..o.r..,;,.,,,„„..se,a.......�e.>r..—.r.....a a • �� r p �'S 15 .:s --.:. :.``w,�."""1”' W6 `I t 7i4 9;6 4� FROM: Cheryl Johnson, Deputy City Clerk DATE: May 4, 1990 SUBJECT: Award of Contract - 1990 Slurry Seal of City Streets The City Council of the City of San Juan Capistrano at its regular meeting held May 1, 1990, took action to award the contract for the 1990 Slurry Seal of City Streets to the low responsible bidder, IPS Services. All other bids were rejected. Thank you for your interest in this project. If we can be of further assistance, please call. cc: Asphalt Maintenance Doug Martin Contracting Pavement Coatings Roy Allen Slurry Seal 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM RUOUSE � INOavoRHtO KENNETH E. FRIESS Is IIII 1776 1961 GARY L. HAUSDORFER PHILLIP R. SCHWARTZE 0�• CITY MANAGER STEPHEN S JULIAN MEMORANDUM TO: Interested Persons FROM: Cheryl Johnson, Deputy City Clerk DATE: May 4, 1990 SUBJECT: Award of Contract - 1990 Slurry Seal of City Streets The City Council of the City of San Juan Capistrano at its regular meeting held May 1, 1990, took action to award the contract for the 1990 Slurry Seal of City Streets to the low responsible bidder, IPS Services. All other bids were rejected. Thank you for your interest in this project. If we can be of further assistance, please call. cc: Asphalt Maintenance Doug Martin Contracting Pavement Coatings Roy Allen Slurry Seal 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 16 - -- -- -- -- -- -- -- - -- -- - -- -- -- -- - o I m m m vie?; r • i � � m ii o- of y w o o Z p i ^ P 11 n 1 1 I o a n r o y o c c m m 0 a - mi m z a i m i I m-rs z r mac _ c II o o n m m m m 1 m s m 1 e z m m i 1 m H rl 1 s 11 r 1 m u m 1 n Gn c 1 w a O i o I N A 1 O N 1 1 I r �• r O O r j � I jj r r r m� r l c l ii 1 1 11 r I ti 1 1 11 II r i 1 n 1 I 1 m o i N_ N N i i m ii 1 1 •• W N I� 11 C 9 I I 2 11 1 O O O N N O I C O O� 0 0 1 N 1 T m 11 i D o e o o i m i s ii o- 0 0 o c rn o I I I m I o e o o rs 0 1 i m ii 1 1 r n 11 1 N I N 1 1 3 11 W I N N N M N M I O 1 a 11 m v1 N -O N 1 1 'O A Y I 1 11 m 1 O` 1 O O O O T O •'� 1 11 1 m I O O a O O m O 1 N I O I 0 0� c o p o I O O O O O O O I Io i ii 11 1 1 1 1 11 1 I 'O N 'O •� 11 i N N I N i e z o m ii 1 I M N} l rs en ul N o l l� I� m• m 11 m m m n 0 0 o Gn m o 1 e o m ii I 1 L Z Vl 11 I I I r O m 11 y + II 1 1 M I I 1 M I a I l .a a 11 a n I w y 1 1 N N N N 1 A� VI N I O 19 r'Y I I -O II N N 11 I I N M+ 1 Y r y II a I cn ul cn ul m o � N n I m 1 1 I 0 0 0 P •"• N� N i II o n I lil O O O N O r O I IO 1 y II 1 1 1 1 1 m 11 - i r •a o n a o n 1 « N O C II 1 t N 2 C 1 S m II 1 O. 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C/1 I .� 1 N M + -O -O Lll •� .. -. r (1 m d fJ1 N C O O O_ rJl O A z I CITY OF SAN JUAN CAPISTRANO • COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS SLURRY SEAL OF CITY STREETS - 1990 • 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 FEBRUARY 1990 • TABLE OF CONTENTS • SLURRY SEAL OF CITY STREETS - 1990 TITLE CONTRACT DOCUMENTS PAGE Notice Inviting Bids...........................................................1 BidProposal..................................................................3 Schedule of Work Items........................................................6 Non -Collusion Affidavit........................................................7 Designation of Sub-Contractors.................................................8 Instructions to Bidders.........................................................9 Contract....................................................................14 BidBond....................................................................18 Performance Bond............................................................20 Labor & Material Bond........................................................22 Listing of Surety Companies...................................................24 SPECIAL PROVISIONS Section 1 Standard Specifications.......................................SP-1 DS -1 Section 2 Terms Defined...............................................SP-2 DS -1 Section 3 Flow and Acceptance of Water.................................SP-2 DS -1 Section 4 Water ......... ...........................................SP -2 Section 5 Insurance and Overhead Costs.. ........ ...................SP -2 Section 6 Protection of Existing Utilities (Underground Service Alert)..........................................SP-2 Section 7 Protection of Private Property.................................SP-3 Section 8 Construction Zone............................................SP-3 Section 9 Pre -Construction Coordination Meeting .........................SP -3 Section 10 Notification.................................................SP-3 DETAIL SPECIFICATIONS AND METHOD OF PAYMENT Bid Item 1 Mobilization ................................................ DS -1 Bid Item 2 Slurry Seal, Type 11 .......................................... DS -1 Bid Item 3 Asphalt Concrete Repair ..................................... DS -1 Bid Item 4 Pavement Markings .......................................... DS -1 BidItem 5-6 Streetsweeping............................................. DS -2 • • SLURRY SEAL CITY STREETS - 1990 NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 2nd day of April 1990, receive sealed proposals or bids for the SLURRY SEAL OF CITY STREETS - 1990 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 26th day of March 1990, at the City offices. The contractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not dis- seminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Performance Bond equal in the amount of one -hundred percent (100%) of the contract price. The surety bond company must be selected from among the surety companies set forth in the surety list provided herein. -1- The City Council reserves the right to reject any and all bids received and to compare • the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of forty-five (45) calendar days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of plans and specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all plans and specifications mailed. • Each bidder shall state the California Contractor's License number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the 0 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: /,4"�p / /4yp L CITY CLE CITY OF AN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- • BID PROPOSAL For the: SLURRY SEAL OF CITY STREETS - 1990 From: To the Honorable City Council City of San Juan Capistrano Gentlemen: Contractor The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1988 Edition, including all supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: • Words $ Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifica- tions or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of forty-five (45) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. • The estimated quantities of work indicated in the proposal are approximate only being -3- given solely as a basis for comparison of bids. It is understood that the City does not • expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is (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. -4- Signature of Bidder: • (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: Dated: Business Address Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: Dated: • • -5- Signature of Bidder Telephone Number 0 • L J SCHEDULE OF WORK ITEMS SLURRY SEAL OF CITY STREETS - 1990 Total Bid Price (Enter here and on Page 3) Words Figures Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amount 1 LS Mobilization for the lump sum price of two thousand dollars. $2,000.00 2 539,420 SF Slurry Seal, Type II for the unit price of dollars per square foot. $ $ 3 200 SF Asphalt concrete repair for the unit price of dollars per square foot. $ $ 4 LS Pavement markings for the lump sum price of dollars. $ 5 LS Streetsweeping seven days after application of slurry for the lump sum price of dollars. $ 6 LS Streetsweeping 14 days after application of slurry for the lump sum price of dollars. $ Total Bid Price (Enter here and on Page 3) Words Figures 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 , 14_ before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. WITNESS my hand and official seal. Notary Public in and for said State • -7- • DESIGNATION OF SUB -CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the following listed sub -contractors in making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub -Contractor Address Phone No. 1. 2. • 3. 4 5. 6. 7. 8. BIDDER'S NAME AUTHORIZED SIGNATURE • INSTRUCTION TO BIDDERS • Securing Documents Plans, Specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids". Examination of Plans, Specifications and Site of Work The bidder is required to examine the site of work, the Proposal, the Plans and the Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1988 Edition including all supplements, very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The plans for the work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. • Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omissions from the drawings, specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. • In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly and fully set forth, or if the Engineer discovers errors, omissions, or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. 53 Addenda or Bulletins • The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures, the words shall govern. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the provisions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not less than ten (10) percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if -10- awarded the contract, will in good faith enter into such contract and furnish the • required bonds. -10- The bidder agrees that, in case of his refusal or failure to execute said contract and • give bonds within the time required by these documents, such check or bond, and the money represented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten (10) percent of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. G. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids". Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. 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. 11 Opening of Bid Proposals The City will, in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids". Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids". The City, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. -11- The bidder to whom the award is made shall execute a written contract with the City and • furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after the notice of award of contract. The contract shall be made in the form adopted by the City. The release of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made upon the City's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the con- tract and bonds for the corporation is duly authorized to do so. Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract. Said bonds shall be secured from a surety company listed as acceptable on the list included in these specifications. Bonds must be submitted on the forms contained in these specifications. Time of Performance The work shall be commenced within fifteen 05) calendar days from the date of issuance of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of forty-five (45) calendar days from the date specified in the Notice to Proceed has been set for completion of the work. The bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages. Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has 0 consented thereto in writing. -12- Workmen and Wages • Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids". E • Building Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. -13- • CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 1988 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. • SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of SLURRY SEAL OF CITY STREETS - 1990 in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting • Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual -14- amount of damages, and loss sustained by City, should CONTRACTOR fail to complete • the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. • • FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay City such sum as the Court may judge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said City. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by City in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the offices of the City Clerk, 32400 Paseo Adeianto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or -15- any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified • prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. • CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this construction agreement. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB- CONTRACTOR, for each calendar day during which such workman is required or • permitted to work more than eight (8) hours in violation of the provisions of Article -16- Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as • permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN CAPISTRANO DATED: BY: MAYOR • ATTEST: Mary Ann Hanover, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney • BY: CONTRACTOR -17- 0 BID BOND L KNOW ALL MEN BY THESE PRESENTS, that we, , as PRINCIPAL, and as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $ , for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 19___., for the construction of City of San Juan Capistrano, Orange County, California. for the NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (15) days after the agreement has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -1g- IN WITNESS WHEREOF, the above -bounden parties have executed this • instrument under their several seals this day of 19J the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) ATTEST (If Corporation) Corporate Seal ATTEST • Title • BY: Ti BY: Title: -19- PRINCIPAL SURETY 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 is obligation, all to be taxed as costs and included in any judgment rendered. -20- 2. Said Surety, for value received, hereby stipulates and agrees that no change, • extension of time, alteration, or modification of the contract documents or of the work • • to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this day of . 19 at California. APPROVED AS TO FORM PRINCIPAL (NOTARIZATION AND SEAL) SURETY (NOTARIZATION AND SEAL) -21- E 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 S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, • including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -22- 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. 0 By By -23- PRINCIPAL SURETY • Prepared By: Office of City ,Attorney San Juan Capistrano 7/29/85 LISTING OF SURETY COMPANIES QUALIFYING LNDER 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- • Listing of Surety Companies, Continued Page Two Auto -Owners Insurance Company Balboa Insurance Company Bankers Multiple Line Insurance Company Boston Old Colony Insurance Company The Camden Fire Insurance Association Centennial Insurance Company Central Mutual Insurance Company The Central National insurance Company of Omaha The Charter Oak Fire Insurance Company Cigna Insurance Company Commercial Insurance Company of Newark, New Jersey The Connecticut Indemnity Company Continental Casualty Company The Continental Insurance Company • Continental Reinsurance Corporation Dependable Insurance Company, Inc. Employers Mutual Casualty Company Employers Reinsurance Corporation Fairmont Insurance Company Farmers Alliance Mutual Insurance Company Federal Insurance Company Federated Mutual Insurance Company The Fidelity and Casualty Company of New York Fidelity and Deposit Company of Maryland Fireman's Fund Insurance Company Firemen's Insurance Company of Newark, New Jersey First National Insurance Company of America Foremost Insurance Company Fremont Indemnity Company General Accident Insurance Company of America General Insurance Company of America • General Reinsurance Corporation -25- • Listing of Surety Companies, Continued Page Three The Glens Falls Insurance Company Global Surety be Insurance Co. Globe Indemnity Company Grain Dealers Mutual Insurance Company Great American Insurance Company Greater New York Mutual Insurance Company Gulf Insurance Company The Hanover Insurance Company Harco National Insurance Company Harleysville Mutual Insurance Company Hartford Accident and Indemnity Company Hartford Casualty Insurance Company Hartford Fire Insurance Company The Hawaiian Insurance do Guaranty Company • Highlands Insurance Company Highlands Underwriters Insurance Company The Home Indemnity Company The Home Insurance Company Houston General Insurance Company INA Reinsurance Company ITT Lyndon Property Insurance Company Imperial Casualty and Indemnity Company Indemnity Insurance Company of America Industrial Indemnity Company Insurance Company of North America Insurance Company of the West Integrity Insurance Company International Insurance Company Iowa National Mutual Insurance Company John Deere Insurance Company Liberty Mutual Insurance Company Lumbermens Mutual Casualty Company • -26- • Listing of Surety Companies, Continued Page Four Maryland Casualty Company Mead Reinsurance Corporation The Mercantile and General Reinsurance Company of America Michigan Millers Mutual Insurance Company Michigan Mutual Insurance Company Mid -Century Insurance Company The Millers Mutual Fire Insurance Company of Texas Munich American Reinsurance Company National Fire Insurance Company of Hartford National Indemnity Company The National Reinsurance Corporation National Surety Corporation Nationwide Mutual Insurance Company New Hampshire Insurance Company • New York Underwriters Insurance Company Newark Insurance Company North American Reinsurance Corporation The North River Insurance Company North Star Reinsurance Corporation Northbrook Property and Casualty Insurance Company Northwestern Pacific Indemnity Company The Ohio Casualty Insurance Company Ohio Farmers Insurance Company Old Republic Insurance Company Pacific Employers Insurance Company Pacific Indemnity Company Peerless Insurance Company Pennsylvania Manufacturers' Association Insurance Company Phoenix Assurance Company of New York The Phoenix Insurance Company Progressive Casualty Insurance Company Protective Insurance Company • -27- • Listing of Surety Companies, Continued Page Five Prudential Reinsurance Company Ranger Insurance Company The Reinsurance Corporation of New York Reliance Insurance Company Republic Insurance Company Republic Western Insurance Company Royal Indemnity Company Royal Insurance Company of America SAFECO Insurance Company of America St. Paul Fire and Marine Insurance Company St. Paul Mercury Insurance Company Seaboard Surety Company Security Insurance Company Select Insurance Company • Skandia America Reinsurance Corporation South Carolina Insurance Company The Standard Fire Insurance Company State Farm Fire and Casualty Company Transamerica Insurance Company Transamerica Premier Insurance Company Transcontinental Insurance Company Transportation Insurance Company The Travelers Indemnity Company The Travelers Indemnity Company of America The Travelers Indemnity Company Trinity Universal Insurance Company Twin City Fire Insurance Company Unigard Security Insurance Company United Fire & Casualty Company United Pacific Insurance Company United States Fidelity and Guaranty Company United States Fire Insurance Company -28- CITY OF SAN JUAN CAPISTRANO • SLURRY SEAL OF CITY STREETS - 1990 SPECIAL PROVISIONS WORK TO BE DONE The work to be done under this contract in general consists of the application approximately 539,420 square feet of slurry seal Type 11 to the following City streets: Camino La Ronda, Paseo Labranza, Via Puntero, Via Estancia, Via Fiero, Calle San Remo, Via Rueda, Via Montura, Paseo Corrales, Paseo Establo, Harmony Hall Court, Belford Drive, Rosedale Drive, Casa Grande Drive, Santa Margarita Place, Spring Street, Avenida Padre, Avenida Los Amigos, Avenida La Paloma, and the alley from Avenida Padre to Avenida La Paloma, and from Avenida La Paloma to Avenida Golondrina. The work shall also include minor asphalt concrete repair, street sweeping, striping these streets following the slurry application and all necessary traffic control. TION 1 - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1988 Edition, hereinafter referred to as the Standard Specifications. The Contractor shall maintain a copy of this book on the job -site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Contract Termination • "If at any time, in the opinion of the Public Works Director, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, appliances, and plant, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City Council may annul and cancel the contract and re -let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not • release the Contractor or the sureties from liability or failure to fulfill the SP -1 contract. Contractor and sureties will be credited with the amount of monies so • forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operation of the contract and the completion of the work by the City as provided above, and the Contractor will be credited with any surplus remaining after all just claims for such completion have been paid." Change 2: Section 8 - Facilities for Agency Personnel Delete this Section. SECTION 2 - TERMS DEFINED Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City departments or persons shall be intended: AGENCY shall mean City of San Juan Capistrano, whenever appropriate. BOARD shall mean the City Council of the City of San Juan Capistrano. ENGINEER shall mean City Engineer or other person(s) designated by same. SECTION 3 - FLOW AND ACCEPTANCE OF WATER Surface or other waters may be encountered at various times during construction. The Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of the Contractor to protect his work from danger due to any waters encountered. Should any damage to the work due to surface or other water occur prior • to acceptance of the work by the City, the Contractor shall repair such damage at his expense. • SECTION 4 - WATER Water will be available from the Capistrano Valley Water District. Arrangements for temporary construction water services permit and water service may be made by contacting the Capistrano Valley Water District at 714/493-1515 one week prior to need for service. All water facility construction shall conform to the "Standard Specifications," Capistrano Valley Water District, and 'The Uniform Plumbing Code," 1982 Edition. SECTION 5 - INSURANCE AND OVERHEAD COSTS The Contractor shall receive no direct compensation for insurance and overhead (move -in costs, for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. RGROUND SERVICE The Engineer has endeavored to show all existing utilities. The Contractor must, however, take all due precautionary measures to protect all of the existing utilities. The Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any construction work. SP -2 The Contractor's attention is directed to the utility notification service provided by • UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the USA by calling 1-800-422-4133. Other utility phone numbers are noted on Sheet 1 of the plans. Full compensation for conforming to the requirements of this section shall be considered as included in the contract bid prices paid for the various items of work, and no additional compensation will be allowed therefor. SECTION 7 - PROTECTION OF PRIVATE PROPERTY The Contractor must remain within the construction zone to the best of his ability. The Contractor must protect all existing private property. SECTION 8 - CONSTRUCTION ZONE Contractor shall protect property and facilities adjacent to the construction zone, and all property and facilities within the construction zone which are shown on the plans to be protected. After completion of project, the construction zone shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of facilities are damaged, they shall be replaced with new materials equal to the original. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way or parking area during performance of the contract work, and Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. • The Contractor shall be responsible for investigating conditions of available public and private roads and of clearances, restrictions and other limitations affecting transportation and ingress and egress to the site of the work. • SECTION 9 - PRE -CONSTRUCTION COORDINATION MEETING Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor, the Engineer, and involved utility representatives. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor will be required to submit a complete schedule showing the number of working days required to complete each phase of the project. This schedule shall be approved by the City Engineer prior to the start of construction. SECTION 10 - NOTIFICATION The Contractor shall receive no direct compensation for notifying the public of the construction work. Accordingly, these costs should be prorated to the appropriate bid items. Prior to two weeks before beginning any work, the Contractor shall notify all residents, businesses and agencies by an approved written notice detailing streets and limits of work to be done, parking and access restrictions, and the day, date and the hours of work, which shall be between 8:00 a.m. and 4:00 p.m. SP -3 Prior to 72 hours before beginning any work, the Contractor shall again notify all • residents, businesses and agencies by an approved written notice, detailing streets and limits of work to be done, parking and access restrictions and the day, date and hours of work, which shall be between 8:00 a.m, and 4:00 p.m. The Contractor shall also post all streets 36 hours in advance of work with temporary "No Parking - Tow Away" signs at 100 foot intervals. These signs shall also state the day of the week, hours of no parking, and Contractor's name. • • SP -4 CITY OF SAN JUAN CAPISTRANO SLURRY SEAL OF CITY STREETS - 1990 • DETAIL SPECIFICATIONS AND METHOD OF PAYMENT BID ITEM 1 - MOBILIZATION The Contractor shall allow the amount shown in the schedule of work under Item No. 1 for mobilization of equipment, bonds, insurance permits, interest and other miscellaneous job costs. PAYMENT The lump sum price shall include all labor, tools, and equipment necessary for mobilization. Compensation will be based on the lump sum price named in the schedule of work items under Item No. 1. BID ITEM 2 - SLURRY SEAL. TYPE II The emulsion -aggregate slurry seal Type II shall comply with Sections 302-4, 203-5 of the Standard Specifications. PAYMENT The unit price per square foot for slurry seal Type II shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work • involved in the furnishing and placing the slurry seal complete in place, including cleaning the surface and protecting the slurry seal until it has set, and cleaning the surface after curing, all as shown on the plans, as specified in these specifications and as directed by the Engineer, and no additional compensation shall be made therefor. BID ITEM 3 - ASPHALT CONCRETE REPAIR The work for this item shall consist of removing and replacing asphalt concrete in the alley between Avenida Padre, Avenida La Paloma and Avenida Golondrina, as marked in the field prior to application of slurry. PAYMENT The unit price per square foot for this item shall include all labor, materials, tools, equipment and incidentals to remove and replace the asphalt concrete as marked in the field and no additional compensation shall be made therefor. BID ITEM 4 - PAVEMENT MARKINGS The work for this item shall consist of placing the pavement markings shown on the plans as specified. PAYMENT The lump sum price for this item shall include all labor, materials, tools, equipment and incidentals to provide pavement markings as specified and no additional compensation • shall be made therefor. DS -1 • BID ITEM 5 AND 6 - STREETSWEEPING The work for these items shall consist of sweeping all slurried streets seven and fourteen days respectively after slurrying to remove all loose materials. PAYMENT The lump sum price for these items shall include all labor, materials, tools, equipment and incidentals to sweep and remove all loose material and no additional compensation shall be made therefor. n LJ • DS -2