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1988-0613_SULLY MILLER CONTRACTING_Contract �� 88-566908 RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano City Clerk's DepartmentPAA/lY ✓Ldp /�- 32400 Paseo Adelanto Mary AnfHan' ver, City Cie k San Juan Capistrano, CA 92675 City of San Juan Capistrano, CA EC MPT NOTICE OF COMPLETION I z NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Sully-Miller Contracting Company, for the performance of the following work: CONSTRUCTION OF CAMINO CAPISTRANO AC OVERLAY, JUNIPERO SERRA ROAD TO TRABUCO CREEK BRIDGE That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 1st day of November , 1988 , by Resolution No. 88-11-1-1 That upon said contract, Seaboard Surety was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 22nd day of November , 1988 Mary Anrl"Harf6ver, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 2nd day of November , 1988 . RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY.CALIFORNIA Mary Ann an er, City Clerk' �- 4:00 NOV 31988 City of San Juan Capistrano P.M. Q. l a"ten. -3- "City Copy" CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and _Sully - Miller Contracting Company. , hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction 1983 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the City Council pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the wort, 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 Asphalt-Concrete overlay-Camino Capistrano Jun *uge Serra Rd to Trabuco Creek in strict conformiti 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. Citi agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting -14- Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay City such sum as the Court mai judge as reasonable for the legal services of any attorney representing the City in ani 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 rata 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 ($23) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB- CONTRACTOR, for each calendar day during which such workman is required or -16- permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 1, 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: July 19 , 1988 BY: _! MAY R GARY L. HAUSDO ER BY: SULLY-MILLER CONTRACTING COMPANY CONTRACT—OR N A TOR v D BL AIR ASSISTANT SECRETARY ATTEST: 2 "FOLK ary Ann ver, ity I rk APPROVE AS TO FORM: Jo Shaw, City Attorney _17- 5. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Reports dated November 1, 1988, from the Secretary of the Planning Commission, regarding actions taken at the meetings of October 11 and October 25, 1988, were ordered received and filed. 6. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated November 1, 1988, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of September 14 and September 28, 1988, was ordered received and filed. 7. COMPLETION OF CAMINO CAPISTRANO ASPHALT CONCRETE OVERLAY, JUNIPERO SERRA ROAD TO TRABUCO CREEK BRIDGE SULLY-MILLER 600.30 As set forth in the report dated November 1, 1988, from the Director of Public Works, the construction of the Camino Capistrano Asphalt Concrete Overlay from Junipero Serra Road to Trabuco Creek Bridge was completed. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 88-11-1-1 COMPLETION OF CAMINO CAPISTRANO AC OVE LAY JUNIPERO SERRA ROAD TO TRABUCO CREEK BRIDGE SULLY-MILLER - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE CAMINO CAPISTRANO AC OVERLAY, JUNIPERO SERRA ROAD TO TRABUCO CREEK BRIDGE The Resolution accepted the work as complete in the amount of $49,149.84, 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 $4,914.98, 35 days after recording the Notice of Completion. 8. 1988 WEED ABATEMENT - RESOLUTION NOTICE OF COMPLETION AND FINAL REPORT GARDNER TRACTOR SERVICE 600.30 As set forth in the report dated November 1, 1988, from the Director of Public Works, the 1988 Weed Abatement Program was complete. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 88-11-1-2 COMPLETION OF 1988 WEED ABATEMENT PROGRAM GARDNER TRACTOR) - 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 1988 WEED ABATEMENT PROGRAM (GARDNER TRACTOR) -3- 11/1/88 AGENDA ITEM November 1, 1988 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Camino Capistrano A.C. Overlay, Junipero Serra Road to Trabuco Creek Bridge - Resolution, Notice of Completion and Final Report (Sully-Miller) SITUATION The construction of Camino Capistrano A.C. Overlay, Junipero Serra Road to Trabuco Creek Bridge has been completed to the satisfaction of the City Engineer and is ready for acceptance by the City Council and recordation of a Notice of Completion with the County Recorder. NOTIFICATION Sully-Miller COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not Applicable FINANCIAL CONSIDERATIONS The Contract was awarded to Sully-Miller Contracting Company for $43,143.50. The final cost is $49,149.84 due to additional areas of pavement which were removed and replaced prior to overlaying the street. This project is a carry over from last fiscal year and sufficient funds are available in account No. 12-6900-4703-118. ALTERNATE ACTIONS 1. Accept the improvements. 2. Do not accept the improvements. 3. Refer to Staff for additional information. FOR CITY COUNCIL AGENDA{ I AGENDA ITEM • • November 1, 1988 Page 2 RECOMMENDATION By resolution, determine that the work for Camino Capistrano etc. 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% retention in the amount of $4,914.98, thirty five (35) days after the recordation of the Notice of Completion. Respectfully submitted, W.D. Murphy WDM/BP:jw e� i Q ¢ W I at . F SA JUA o CAPISTRA Q �s OUMDt�� [t a ly 0J ox bt @ O SOP Mp o ,�r y6 0� •yM . ��,qp � �a M�R�'JERr7� � Fro .WY g A HALT CO � RLAY OF CAMI TRANO o � JURIPE _ RRA ROAD TO Q 44 � TRABUC REEK BRIDGE i 14 e � ti0 ��'a �CTCV CQQ/sr \ POy��,f. z `p Q o h yp'�► 2 U °aN p't LOL \ \ p0 Y \ r '1 AO J V ♦ s0 Ya a j J rtSEO a> }/ SER JUNiPEaO j CAj ��KCMpp+ 0 �u a U= EM'EM�p� OGJQ V 1 n YY Please date, sign, and return Ma4 • to the City Clerk's Do artment. 6 777 ryy Thank you. Y MEMBERS OF THE CITY COUNCIL Am S 2 36 PM , y ANTHONY L. BLAND 1 LAWRENCE F. BUCXXEIM KENNETH E. FRIESS 4 ` �in101HRp0 GARY L. HAUSDORFER '.,I TY CLERK I111111H11 1961 PHILLIP R. SCHWARTZE (ICFARTMEI 1776 T '9F SAN • • CITY MANAGER JUAN CA..IfSTRANG STEPHEN B JULIAN •gg wT -5 RIC '• c NOTICE TO PROCEED TO: Sully-Miller Contracting Company P.O. Box 432 Orange, California 92669 Project: Camino Capistrano Asphalt Overlay Junipero Serra Road to Trabuco Creek Bridge Amount of Contract: $43,143.50 You are hereby notified to commence work on the referenced contract on or before August 22, 1988, and to fully complete all of the work of said contract within 30 consecutive calendar days thereafter. Your completion date is September 21, 1988. The contract provides for an assessment of the sum of $100.00 as liquidated damages for each consecutive calendar day after September 21, 1988, that the work remains incomplete. Dated this 2nd day of September, 1988. Mary Ann anover, CMC City Clerk ACCEPTANCE OF NOTICE Receipt f foregoing Notice to _,Proceed is hereby acknowledged by this day of 1988. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 Please date sin and retur . zo the City Clerk's Departme MEMBERS OF THE CITY COUNCIL I . p� ANTHONY L. BLAND LAWRENCE F. SUCH HFIM KENNETH E. FRIESS GARY L. HAUSDORFER J7"i0 1961 PHILLIP R. SOHWARTZE 177i •/A\ • CITY MANAGER STEPHEN B JULIAN July 21, 1988 Sully-Miller Contracting Company P. O. Box 432 Orange, California 92669 Re: Award of Contract - Camino Capistrano Asphalt Overlay Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held July 19, 1988, awarded the contract for the Camino Capistrano asphalt Overlay, from Junipero Serra Road to Trabuco Creek Bridge, to your company at $43,143.50. Enclosed is a fully executed copy of the Agreement for your records. We have received all necessary bonds and Certificates of Insurance. You are required to return an acknowledged copy of this Notice of .Award. Thant: you for your cooperation. If we can be of further assistance, please call. Very truly yours, Mary Ann over, CMC c` ' ry City Clerk M Fn MAH/mac n m Enclosures rzy�c v v -c cc: Director of Public Works ov Director of Administrative Services Receipt of the foregoing Notice of Award is hereby acknowledged: By /- /j. DI BLIDI BL I��T��T� This - 2 day of JULY , 1988. 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 6 (714) 493-1171 9. REPORT OF MOBILEHOME PARK REVIEW COMMITTEE ACTIONS (430.50) The Report dated July 19, 1988, from the Secretary of the Mobilehome Park Review Committee, regarding actions taken at the meeting of July 12, 1988, was ordered received and filed. 10. CHANGE OF MEETING DATE, MOBILEHOME PARK REVIEW COMMITTEE 430.50 As set forth in the report dated July 19, 1988, from the Secretary to the Mobile Home Park Review Committee, the change of meeting date from the first Tuesday of the month at 2:00 p.m., in the City Council Chamber to the second Tuesday of each month at 2:00 p.m., in the City Council Chamber, was approved. 11. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated July 19, 1988, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of June 20, 1988, was ordered received and filed. 12. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Reports dated July 19, 1988, from the Secretary of the Planning Commission, regarding actions taken at the meetings of June 28 and July 12, 1988, were ordered received and filed. 13. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated July 19, 1988, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of June 8 and June 22, 1988, was ordered received and filed. –� 14. CAMINO CAPISTRANO ASPHALT OVERLAY, JUNIPERO SERRA ROAD TO TRABUCO CREEK BRIDGE - AWARD OF CONTRACT SULLY-MILLER 600.30 4k— As set forth in the report dated July 19, 1988, from the Director of Public Works, the contract for the asphalt concrete overlay of Camino Capistrano from Junipero Serra Road to Trabuco Creek Bridge was awarded to Sully-Miller Contracting Company of Orange, in the amount of $43,143.50. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 15. MISSION HILL SEWER REHABILITATION - PLANS SPECIFICATIONS AND CALL FOR BIDS 600.30 The Plans and Specifications for the rehabilitation of the existing sewer system in the Mission Hill area of the City were approved and staff was authorized to call for bids, as set forth in the report dated July 19, 1988, from the Director of Public Works. -4- 7/19/88 • C,ec v AGENDA ITEM July 19, 1988 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Camino Capistrano Asphalt Concrete Overlay, Junipero Serra Road to Trabuco Creek Bridge (Sully-Miller) - Award of Contract SITUATION Bids were opened June 6, 1988 for the asphalt concrete overlay of Camino Capistrano, Junipero Serra Road to Trabuco Creek Bridge. The bids are valid until July 21, 1988, a period of 45 days from the opening date. Bids were received as follows: Sully-Miller Contracting Co. $43,143.50 Industrial Asphalt $45,321.85 Vernon Paving Co. $49,490.00 R.J. Noble Co. $51,433.00 Blair Paving Inc. $51,722.50 Griffith Company $55,794.50 Staff is recommending award of the project to the low responsible bidder Sully-Miller Contracting Co. NOTIFICATION Construction signs at each end of the project and at 500 foot intervals in each direction will be posted two weeks in advance of the start of construction advising the public of possible delays and the days and dates of the delays. Sully-Miller Contracting Co. Industrial Asphalt Vernon Paving Co. R.J. Noble Co. Blair Paving Inc. Griffith Company COMMISSION/BOARD REVIEW, RECOMMENDATIONS This project has been reviewed by the Environmental Review Board. FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is $60,000. Sixty seven thousand dollars ($67,000) was budgeted in Account No. 12-6900-6703-118 last year and sufficient funds are available for the construction of the project at the bid price of forty three thousand one hundred forty three and fifty cents ($43,143.50). _�eorr�, AGENDA ITEM . • July 1'9, 1988 Page 2 ALTERNATE ACTIONS 1. Award the contract for Asphalt-Concrete Overlay of Camino Capistrano from Junipero Serra Road to Trabuco Creek Bridge to the low responsible bidder Sully- Miller Contracting Co. 2. Do not award the contract. 3. Request further information from staff. RECOMMENDATION By motion, award the contract for Asphalt Concrete Overlay of Camino Capistrano, Junipero Serra Road to Trabuco Creek Bridge to the low responsible bidder Sully-Miller Contracting Co. in the amount of $43,143.50 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:dc �` •s y`c z q / r ° I R =u ~ LN ES)SA TY F SA41 JUA CAPISTRA qfe0 ♦s C OUND/gEE r qEF G o Cr ~�1 7 COV D 40 p PP A�� gt► / 1wy P = M4RC''JERITr "" A HALT CO RLAY OF CAMI TRANO JUNIPE _ RRA ROAD TO M, 0 TRABUC REEK BRIDGE a J C rCY C,QQ/ST\\ POyP�f, 6P P�5 O p�' S Z (9L 4 P r M')3/0 p ti ppJt 2 Q � X O Ir \ \\ 9Q 4D r � V 9 F W �� a P� ? a.SED caaoE'' Pp I/ JUNIPERO SER V "iL �EgLElNDpN f �,O Wu p5 O P u s Ea�E�'Oa • • BOND NO: 142326-88 PREMIUM: $194.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That SULLY-MILLER CONTRACTING COMPANY as Principal, hereinafter called CONTRACTOR, and SEABOARD SURETY COMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Forty-Three Thousand One Hundred Forty-Three and 50/100 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 June 13, 1988 entered into a (describe agreement): Asphalt Concrete Overlay - Camino Capistrano, Junipero Serra Road to Trabuco Creek Bridge. which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -20- 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 13th day of June 1988 at Long Beach California. PRINCIPAL UL -MILLER CONTRACTING COMPANY B �`- John Berton, Vice President APPROVED AS TO FORM (NOTAR ATION AND SEAL) c�L�s""ov"V TR—, SHAW, CITY ATTORNEY SURETY SEABOARD SURETY CO B . s JameVM. Pittman, Attorney-in-Fact (NOTARIZATION AND SEAL) i -21- m SEAL STATE OF CALIFORNIA ] cp J.MOCKA ss.: MrAMpAM-CALF011101A Los Allown 1:013M f4IMIA*=COUNTY OF LOS ANGELES ] nrI» JUE23 t99t On this 13th day June 1- 88 , before me, the undersigned Notary Public, in and for the State, personally appeared lampc 0 Pittman---------- a person known to me(007 [14XeddbNDEeCOIOCItMAX7QR7k7tItf0CKX'Xk701dKOpC), to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this 13th day/off June A.D. 19 88 My Commission Expires June 23, 1991 Notary Public. FORM 116 12/82 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 13th day of June in the year 19 88 before me, the undersigned, a Notary Public in and for said Slate, personally appeared arrlclA:SIA John A. Berton. Vice President-------------------- cCNNiEJA ---------------------- NOTARYPUGLFORNIA --��— , personally known to me Los ANGENiYto be the person who executed the ttt O11tf11S510NEXP. , 1991 within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal ACKNDWLEDGMENi—Garpomiion—class s Form 222CA-%—qev.5-82 Notary Public in and for said State. iJ19B2 WOLCOTTG.ING. ID��ce cla55821 BOND NO: 142326-88 Premium Included in the Faithful Performance Bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to SULLY-MILLER CONTRACTING COMPANY License No. 1538-A, hereinafter designated as "Principal", a contract for Asphal t Concrete Overlay - Camino Capistrano, Junipero Serra Rd. to Trabuco Creek Bridge ; 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 SULLY-MILLER CONTRACTING COMPANY Principal, and SEABOARD SURETY COMPANY , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Forty-Three Thousand One Hundred Forty-Three and 50/100 DOLLARS ($43.143.59), 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 13th day of June 1988 . 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. SULLY-MILLER CONTRACTING COMPANY PRINCIPAL By John Berton, Vice President SEABOARD RETY COMPANY SURETY By`r` ft Jame . man, Attorney-in-Fact APPROVED AS TO FORM R. SHAW, CTTY ATTORNEY -23- STATE OF CALIFORNIA ) 4P IFFldAtsEAL ] SS.: CONEJ.RIQICKA WM4YM COUNTY OF LOS ANGELES ) WnAWFftK-CALIFMM LOS ANefIES COUNTY NY Cd'f115510N Elm.JIBE Z3,1991 On this 13th day June 1988 , before me, the undersigned Notary Public, in and for the Stale, appeared James 0 Pi man--- g y personally a person known to me(dt)yitFiirdtpQ,i,} p�pgl�� a � to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this 13th day of June A.D. 19 88 My Commission Expires June 23, 1991 Notary Public. FORM 116 12/82 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 13th day of June in the year 19$8_, before me, the undersigned, a Notary Public in and for said State, personally appeared John A. Berton, Vice President----------------------- OFFICIAL SEAL ------------------------------------- C"IE J.Ru21CKA , personally known to me NOTARY RIBLIC-CALIFOPAA to be the person who executed the LOS ANGELES COUNTY within instrument on behalf of the Corporation therein named, and acknowledged to me that HY Cq HSSION EIS,JUNE 23.1991 the Corporation executed it. WITNESS my hand and official seal. ACKNOWLEDGMENT—Corporacion—Wolcops Form 222CA-X—pev.5-82 Notary Public in and for said State. ©1982 WOLCOTTS,INC- (Wlceclass 8 2) �ett1 �°p� A� XAt MD 05 9 1SlS- i DIJIN19 AnVE OFFICES aEDMINSTER, WN-JERSEY OWEROF-ATTORNEY W - -_ X+MAUJA N RY1TIESEPRESENTS:That SEABOARD SURETY COMPANY;a corporation of the State of New York,has made, �titutedand appointed and by these presents-doesmalie,constitute artd appoirtt R.R. MacGregor or James p_ Pittman pit `3iong -Beach-, California -ifs rmandlawTW1,Attomeyin-Fact make,executeanddeliveronItsbehaffinsunrocepolicies,suretybonds,undertakingsand rIrtaintrngttlsefarmflarnatureasfollows: unlimited _in amount, mut"_restricted to bonds fd Snny Misr�ontracting Company--andlor Sout�rern_Pacif.ic Milling Company,_ Zztc sn r South olst Asphalt .Products Companyl _enc. — - u -insurartsa' ecces, ursty borrds,undertakingsand_instrumentslor said ptocses=when duly execufetl by the aforesaid AASt#drrrey-irr-Fact�h0bebrn irding_uponthesaid-Copaityas-lallyand-to hesati -extentasifsigned bytheduty authorized bf�ofttt ompanyandaealed*tth its co rpnrate slartdallfheactsofsa ttomeytn�act,pursuanttothe authority :jharebr Ivan arab ahtleda sonfirt fed = ` - (iii app©in#raentis node ursuant�otheiolfowing$ylawis hich-here-duly a4tedbytheBoardofDirectorsofthesaid € rt l car fiber th 19V With Amendmentsztoand including,lanuaryl"82 and are still in full force and effect. ."cognizanees,'stMulisioos,voinast Of soretgyrMerwA6nB wtlpla Ings 3nsVuments relating tberelo._ - - - ?nbU7ance i41 Sands rtynuano�;SSipulatmns;ince,nlsDtaurffiyirldunoersvritinguno riskinpo he Companyand releases;agreements and other �wfia srelati girl=any3vaYtheietor>flo aiy-claun loss thereunder;-�hWibeVgnedinthe�mme n behalf ofYheCorriparty -Raj-byC--trotrmenaftheBoard3hePresident:aulce-Preciden-tsrel emidentVice-PmsidentarulDythe"Setretary,an AssistantSecretary,a Resident 1-axLiftaryAra ftsidert Assistant Secrgfary;�rr}b)by-an Attomey�n4act for-the Company-appoirg�end-authotizedCham man the of the-Boaid,the �re9aen6ar$mice-Frseident3omakesuoFe nature nr(c)by such otherauHicers or representabVes.Asihe Board,rnayirom time to time determine.-= - -=�e-seat�f3he�ompan_v ahag�3 apprspriale Ge atfix�f3heratoiiyanyauM diFcer�Attomayi�ct ut_represefmative" - W I3lIEfi5 l#1EAEt#F SEA$DARD SURETY COMPANY has caused h ieserlts-to be-signedby one of Its-Vice- reslr]entsaxid�tscorporatesealtobeherauntoaffix andcuty ttested-byane its sststant5ecretaries this 1?th st� strtt Sb = == -17 SEAS09-RD�URETY�tiMPAN- -_- -NEWjER_ idem thhts_ � ABI S1sfE _ - X79 $b,before-me personally appeared dent7ofSEABOARD SURETY . CO�MF om J� W , tin dysml4iessaietateV_ T � _-- £ r_ e sasa fee gstt3er Yt�t EA13 ID5t RETY DNIPA IYY norporetion_ lea&bed-in And whichaxecuted the oregoi arsitunentaT#tknovtStCieoLpoe sealtMesalrtnpnyhat#heseal at€ix3oaldtr» Vnentis snot-corprirataseaf, %)"fitwassrsAt#iiiAdby0ner€sttheliclardvfDirr�ctors�r7satd ai�ndthath"gnec[3uNs-marrelheretoasVataPtesrdentn3 old mpar�yby lkealittroT€ty tArATHiCIA ZL:iMB dG - — _ 31=`t+lotsry lhiil7is�W-New JSP =•u� - �� 1Seay My r-0mmrsa�Espims 1Nsy 33,.1987 ��''�/�_ otary CE AZf_f7-CA__TE _ - - -_.l the undersrgnedAssistam SecretarynfSEABOARDSURETYCOMPANYdoherebycerbfythef eonginsiPewer9fAttorney ofwhichtheforegomgts =_ atuff,-trueand correct copy.isinfull forceand ettecton the date of this certificate andi dofurthercertify*AttheYree4;se%identwho executed the said Power of - Attorney was oneof the Officers authorized by the Board of Directors to appoint anattorney. in SEA_BOARD-SURETY:COMPANY. -lactaprDyided Article VII,Seddon 7,of the ay-Laws of ` - - - - - - - _ - This Cenificatemay,be signed and sealed by facsimile under and by authority of the followingilsolution of the Executive Committee of the Board of _-Directors of SEABOARD SURETY COMPANY at a meeting duly calledanrthefd on the 25thday of.March 1970. - - - - "RESOLVED(-72) That the use of a printed facsimile of the corporate seal of theCompany and of the signatureof an Assistant Secretary on any certification.of the correctness ofa copy.of an instrument executed bylhe Presiden"ra Vice-Presidentpursuantto Article VII,Section 1,of the By-laws _ appointing and-authorizing an attorney-in-lact to sign mine nameandon=trehalf,of the-compairysurety,bonds,:underwriting,undertakings or other instruments,dmcribed in saio Anic)e Vtl..Section 1,withflikeeffect as if such seal and such signature had been manually.affixed and made, hereby is authorized and approved." - - - IN WITNESS WHEREOF I have hereunto set my hand and affixed the corporate seal of the Company to these presents this ----.Dth......_----.--- day of._ dune - . 19 .8.8 ---- - �. � Assistant Secretary - - - - - - - - - - Form 957(Rev.7,'8.1) - F-:lr v^nLcatior of the auf[ ,nf I( TV Cf'n Powe'of A'trne;v0u nn:ca1' c heat afid ask for ITT,P')n ^. ci Attu me v ci ei'. Pions,refe,i,,ire PJvm cf rr_,rr=:numb fn- :u:;•.� f.m,. r.:.v,o.iz - a� �- - ., ..... - , v.�.� ^ow� �ettacnrc. - C • B I D O P E N I N G R E P O R T Bids opened June 6, 1988 at 2:00 Wpm Project Title Asphalt Concrete Overlay - Camino Capistrano Junipero Serra Rd to Trabuco Creek Bridge Project Engineer Brian Perry Pre-Bid Estimate $60,000.00 Bid Bid Bidder: Amount Bond 1 . Blair Paving, Inc. /� 1 S/ 72-2- 22 ib 2 , Griffith Company 3 , R. J. Noble Company 0 q , Sully-Miller Contracting Co. f- �75 . Vernon Paving Company 6 . Industrial Asphalt / y) �/� 32—f 7. 8 . 9 . 10 . cc: City Clerk' s Staff (3) Signed ZZ , Public Works (3) ° City Manager (1) Dated Ga/61dr—k The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. • BID PROPOSAL For the: ASPHALT CONCRETE OVERLAY CAMINO CAPISTRANO JUNIPERO SERRA ROAD TO TRABUCO CREEK BRIDGE From: Sully-Miller Contracting Company Contractor To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1985 Edition, including all supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section • 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: / -�y -4n4.c �iav>.—v�a�+tLw�a' '�i Hce.G-a/J foo $ 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 thirty (30) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be • computed as indicated above and compared on the basis of corrected totals. -3- • The estimated quantities of work indicated in the proposal are approximate only being given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. • Accompanying this proposal is "Bidder's Bond" (Insert "$ cash", cashier's check, certified check or bidder's bond on the forms from Pages 18 and 19 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Seaboard Surety Company. 19700 Fairchild, Suite 130, Irvine, CA 92715 Licensed in accordance with an act providing for the registration of contractors -- License No. #1538 "A" Signature of idder: zLd J.D.. Blnir- Assistant Secretary • -4- • (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.) 6145 Santiago Canyon Road Dated: June 6, 1988 Orange, California 92669 Business Address Dated: June 6, 1988 714/639-1400 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. J.D. Blair, AssistsInt Secretary Dated: June 6, 1988 ` gnature of Bidder Dated: June 6, 1988 714/639-1400 Telephone Number • • -5- • SCHEDULE OF WORK ITEMS ASPHALT CONCRETE OVERLAY CAMINO CAPISTRANO JUNIPERO SERRA ROAD TO TRABUCO CREEK BRIDGE Approximate Work Items With Unit Price Unit Price Item Quantity (Written in Words) (In Figures) Total Amount 1 10850 S.Y. Furnish and install pavement reinforcing fabric for the unit price of LQd^o dollars per sq, yard. 2 985 Ton Furnish and install asphalt con et44 for the unit price of dollars p r ton. $ J'/• �� $ 3053 • 3 L.S. Shoulder grading fo the lump sum price o r dollars. 4 L.S. Furnish and install pavement mar ngs fo the lu p r ce of dollars. 5 L.S. Traffic control for the lun?paurn price of hIN2 dollars, T C Total Build Price (Enter/here /and on Page 3) -Words r Figures • -6- • The following information regarding pavement reinforcing fabric shall be provided with each bid. Fabric Trade Name 4zore&=o Requirement Proposed Grab Tensile Strength 0-Inch Grip, 90 Min. Pounds - ASTM Designation: D1117 Elongation at Break, Percent - ASTM 40 Min. Designation: D1117 Fabric Thickness, Mils - ASTM 12 to 100 Designation: D461 • • -6a- 0 • NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) SS. County of ORANGE ) J.D. Blair------------------------------------- , being first duly sworn deposes and says that he is Assistant Secretary------ of Sully-Miller Contracting Company------------------------- 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: June 6, 1988 �'S�G. ._ SI ATUR On this the 6th day of ,limp , 19 88 before me, the undersigned, a Notary Public in and for said State, personnally appeared J.D. Blair, Assistant Cprrptary----------------------------------------- personally known to me/prow ta-me- wthQ4asicof-sat+sfac-teFy.euidaase,-to be the person(s) whose name(W is----------------- subscribed to the within instrument, and acknowledged that . he--------- executed it. WITNESS my hand and official seal. Alice M."` ng English Np1AR1%,M K.LMRMIMA PRMG I M A C"Iv r CoIRRRssgR Espies Oct ?I, 1988 • Notary Public in and for sai r ate -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- ontr ctor Address Phone No. 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . Sully-Miller Contracting Company BIDDER'S NAME AUT R[ E SIGNATURE • J.D. Blair, Assistant Secretary -8- y • RND NO: 766046 (14823) EMIUM: INCLUDED IN BBSU • BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, SULLY-MILLER CONTRACTING COMPANY , as PRINCIPAL, and SEABOARD SURETY COMPANY as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN ,UACAPISTRANO, Obligee, hereinafter called TTen P rc? d Iota) City, in the sum of $Wun o i , 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 June 6 , 1988for the construction of CaminotCaoiStrano��Junioero Serra Road to Trabuco Creek Bridae 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 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 6th day of June, 1988 , 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) SULLY-MILLER CONTRACTING COMPANY PRINCIPAL '//� BY: G �+ eorge M. Luban7o Title: Assistant Secretary ATTEST (If Corporation) Corporate Seal SEABOARD SURETY COMPANY 5 RETY • ATTEST BY: Linda L.AGarcia Title: Attorney-in-Fact Title APPROV AS TO FORM: (i L14AV___0 John Shaw, City Attorney • -19- orr�lu sEu CdMIE J.0.lR1oxA STATE OF CALIFORNIA j IgtARy111Ato cu'vawlln ss.:)DUVm• tos ANGELES ogR7TY ANOCOUNTY OF LOS ANGELES ] m ccnNlsstoN Exr.JUNE 23,1991 On this 6th day Jung 19 88 before me, the undersigned Notary Public, in and for the State, personally appeared Linda L. Garcia---'------ a person known to meMMx,refctxl>gs�caclK�4rasf�ntx�azes cx)' to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial day of June A.D. 1988ial Seal this , My Commission Expires U Notary Public. June 23, 1991 FORM 116 12/82 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 6th day of June in the year 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared (IPorge M_ I-uhanko, Assistant Secretary--------------- aeaAt4lu --------------------------------------—, personally known to me CCM1F�.IrIDiJtA 11�Air•,PIlll[_CuIiOMA pNC}700Y9tlXitltAt)61tX11E1�OlG3i.M1K90119tYcTdLiClfdQ)to be the person who executed the tO4 ANBFlE4CGIMn' within instrument on behalf of the Corporation therein named, and acknowledged to me that fN Cer�g951oN E1®.. 23.1981 the Corporation executed it. WITNESS my hand and official seal. ' Notary Public in✓/land for said State. AC KNOWLEOG M ENT—Corporation—Wolcotis Form 222CA K—Rev.5-82 ' 1982 WOLOOTTS,INC- Ivrc.olnn8-2) Certified Copy SE R -SUR XX 89-76 yy 8 r-`f6 No. 10142 ADMINI TIVE OFFICES, BEDMINSTER, NEW JERSEY f V POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENThat SEABOARD SURETY COMPANY,a corporation of the Stateof New York,has made, constituted and appointed and bye presents does make, constitute and appoint Linda L. Garcia of Long Beach, Californi€ its true and lawful Attorney-in-Fact,to me"— and deliver on its behalf insurance policies,surety bonds,undertakings and other instruments of similar nature as fol : Limited to the amount of $2, 500,000 for the bonds executed on bi if of Sully-Miller Contracting Company and/or Southern Pacific Ming Company, Inc. , and/or South Coast Asphalt Products Company, Ilic Such insurance policies, surety bonds, uitakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon Maid Company as fully and to the same extent as if signed by the duty authorized officers of the Company and sealed with- orporate seal: and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and coned. This appointment is made pursuant to tllfowing By-Laws which were duty adopted by the Board of Directors of the said Company on December 8th, 1927, with Aedments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII,SECTION is "Policies,bonds,recognisances,shpuls'on senfs o1 surety,hmderwriting undertakings and instruments retating thereto. Insurance policies,bonds,recognisances,stipulaut �nonsents of surety and underwriting undertakingsof the Company,and releases,agreements and Other writings relating in any way thereto or to any clatrr06 ss thereunder,shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board.the PresirVice-President or a ResidentVice-President and by the Secretary,an Assistant Secretary,a Resident Secretary or a Resident Assistant Secretary:or( n.Altorney-m-Fact for the Company appointed and authorised by the Chairman of the Board,the President or a Vice-President to make such signal r(c)by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall it appropnat�f(ixed thereto by any such officer,Attorney-in-Fact or representative." ' IN WITNESS WHEREOF, SEABOARDETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be Vice- *__ affixed and duty attested by one of its Assistant Secretaries;this .-7._Q-th..... . day of......--.February......:........... 19-8 rM - * °s Attest: SEABO COMPANY , 1927 - By ._e............. �.0 ...,..-....._ -._.-..--.-..-.- ...:.._. : :-.. . •- Assistant Se - Pres}dart( STATE Of NEW JERSEY COUNTY OF SOMERSET ss.. On this -._IO t.b... ...day of ... ='F_ebruar-y............................_ .._.....-, 19-&S......befors me personally appeared ...___ .Michael B-.. .Keegan a:......... ............................... . aVice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted being by me duty sworn,said that he resides in the State of NeW IETSEy.-..; that he is a Vice-President of SEABOARDIWRETY COMPANY,the corporation described in and which executed the foregoing instrument;that he knows the corporate sof the said company;that the seat affixed to said instrument is such corporate seat; that it was so affixed by orderof the Boardirectors of said Company;and that he signed his name thereto as Vice-President of Said Company by like authority. ® FEL ICE M. CATALANO r � (Seal) NOTARY PUBLIC OF ------------ - --- .... NEW IE, Noiary Public my Commission Exp. June 4, i C E R T I F I C A T E I,the undersigned Assistant Secretary of S€A�'MARD SURETY COMPANY do hereby certify thattheoriginal Power of Attotmeyof which the foregoing is stuff,true and correct copy,isin full force andoffect#WedateofthisCertificateandtdofurthercertAythattheVice-President who executed the said Power of Attorney was one of the Officers authorised by th rd of Directors to appoint ah attorney-in-fact asprovided mArticleVII,Section 1,of the Sy-Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed bimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at autg duty called and hold on the 25th day of Marsh 1974. "RESOLVED: (2) That the use of a printed mite of the corporate seat of the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an insjenent executt>dby the President or a Vice-President pursuant to.Article VII,Section 1,o€the By-Laws appointing and authorizing an attorney-in-fact 009"in the name and on behalf of the Company,surety bonds,underwriting undertakings or other instruments described in said Article VII,Sectioi:L�Ovith tike effect iss if such seat and such signature had been manually affixed arid made, hereby is authorized and approved." - 1N WITNESS WHEREOF I have hereulnb3otet fry hand and affixed the Corporate seal of the Company to these presents this ----------------- . -. ._ For verification of the authenticity of this Power of Attorney you may call,collect,212-943-7440 and ask for the Power of Attorney clerk Please refer to the Power of Attorney number,the above named individual(s) and details of the bond to which the power is attached. NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Jody Kolar, Legal FOR PUBLICATION ON: THURSDAY, APRIL 28, 1988 THURSDAY, MAY 5, 1988 DOCUMENT TO BE PUBLISHED: NOTICE INVITING BIDS - ASPHALT CONCRETE OVERLAY, CAMINO CAPISTRANO FROM JUNIPERO SERRA ROAD TO TRABUCO CREEK BRIDGE PROOF OF PUBLICATION: Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 AUTHORIZED BY: DATE: April 22, 1988 Date of Bid Opening - June 6, 1988 Date (s) notice published - April 28, 1988 - May 5, 1988 Date affidavit received - �j/�jLu Date notice posted in designated posting places (3) - .April 28, 1988 NOTICE INVITING BIDS ASPHALT CONCRETE OVERLAY - CAMINO CAPISTRANO FROM JUNIPERO SERRA ROAD TO TRABUCO CREEK BRIDGE Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Asphalt Concrete Overlay of Camino Capistrano from Junipero Serra Road to Trabuco Creek Bridge until 2:00 P.M. on the 6th day of June, 1988. A pre-bid conference is scheduled at 10:00 A.M. on the 23rd day of May, 1988, 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: April 22, 1988 CITY CLER �J CITY OF SIAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA ASPHALT CONCRETE OVERLAY CAMINO CAPISTRANO JUNIPERO SERRA ROAD TO TRABUCO CREEK BRIDGE NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will, up to 2:00 p.m., on the 6th day of June, 1988, receive sealed proposals or bids for the ASPHALT CONCRETE OVERLAY CAMINO CAPISTRANO JUNIPERO SERRA ROAD TO TRABUCO CREEK BRIDGE in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction, 1985 Edition, including all supplements therefor, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifi- cations. Each proposal or bid must be accompanied by a certified check, cash, cashier's check, or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the total bid amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a.m. on the 23rd day of May, 1988, at the City offices. The contractor shall have the opportunity for clarification or interpretation 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 thirty (30) 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 wakes, 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: q�/Ir CITY C CITY Ofr SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -2- M M —� 8. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS - ASPHALT CONCRETE OVERLAY CAMINO CAPISTRANO FROM JUNIPERO SERRA ROAD TO TRABUCO CREEK BRIDGE 600.30 As set forth in the report dated April 19, 1988, from the Director of Public Works, the plans and specifications for the asphalt concrete overlay of Camino Capistrano from Junipero Serra Road to Trabuco Creek Bridge were approved. Staff was authorized to call for bids. The Engineer's estimate for the project was $60,000. Sufficient funds were available in Account No. 12-6900-6703. 9. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS - LANDSCAPE MAINTENANCE CONTRACTS FOR PARKS, PARKWAYS AND MEDIANS, FACILITIES LANDSCAPE DISTRICTS AND LANDSCAPE MAINTENANCE DISTRICT NO. 17600.30) As set forth in the report dated April 19, 1988, from the Director of Public Works, the specifications for maintenance of City parks, parkways, facilities, and landscape maintenance districts were approved and staff was authorized to call for bids. 10. CITY-WIDE CLEAN-UP WEEK - MAY 2 - 6, 1988 (530.60) The report dated April 19, 1988, from the Director of Public Works, advising that the annual City-Wide Clean-up Week had been scheduled for the week of May 2-6, 1988, was ordered received and filed. 11. WESTSIDE ANNEXATION - RESOLUTION TERMINATING PROCEEDINGS (620.20) As set forth in the report dated April 19, 1988, from the City Attorney, the following Resolution terminating annexation proceedings was adopted: RESOLUTION NO. 88-4-19-3, TERMINATING ANNEXATION PROCEEDINGS - WESTSIDE ANNEXATION NO. 2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING FINDINGS AND TERMINATING ANNEXATION PROCEEDINGS WITH RESPECT TO WESTSIDE ANNEXATION NO. 2 12. ACCEPTANCE OF GRANT DEED (670.50) As set forth in the report dated April 19, 1988, from the City Attorney, the following Resolution accepting title of property located at 28121 Calle San Remo, was adopted: RESOLUTION NO. 88-4-19-4, ACCEPTANCE OF GRANT DEED - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING GRANT DEED - 28121 CALLE SAN REMO -10- 4/19/88 AGENDA ITEM April 19, 1988 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Asphalt Concrete Overlay - Camino Capistrano, Junipero Serra Road to Trabuco Creek Bridge (Plans, Specifications and Authorization to Receive Bids) SITUATION Staff is requesting approval of plans and specifications and authorization to receive bids for the asphalt concrete overlay of a part of Camino Capistrano from Junipero Serra Road to Trabuco Creek Bridge. Lane closures on the project will be permitted only between the hours of 8:30 a.m. and 3:30 p.m. It is estimated that four days of construction should be necessary to construct the project. NOTIFICATION Construction signs at each end of the project and at 500 foot intervals in each direction will be posted two weeks in advance of the start of construction advising the public of possible delays and the days and dates of the delays. COMMISSION/BOARD REVIEW, RECOMMENDATIONS The project has been reviewed by the Environmental Review Board. FINANCIAL CONSIDERATIONS The Engineer's estimate for this project is $60,000. Sixty seven thousand dollars ($67,000) has been budgeted in Account No. 12-6900-6703-118 this year and sufficient funds are available for the construction of the project. ALTERNATE ACTIONS 1. Approve the plans and specifications for the asphalt concrete overlay of Camino Capistrano - Junipero Serra Road to Trabuco Creek Bridge. 2. Do not approve the plans and specifications. 3. Request additional information from Staff. RECOMMENDATION By motion, approve the plans and specifications for the asphalt concrete overlay of Camino Capistrano - Junipero Serra Road to Trabuco Creek Bridge, and authorize Staff to receive bids. Respectfully sub�%tted, � K W. D. Murphy , WDNi/BP:nb L U00 CITY Sit Nt4Gtl. AGEN[aA i 3 aw Daa TY F SA JUA CAPISTRA \ h R O DUNDEE ErREF C, lh µ` 1pYBRD RD J AQP 2P / O WY 'M,RINA Mid, \N\D�_ c`�'o Da'I' DR M4Rr'UERITr PflW>• A HALT CO RLAY OF ` ff CAMI TRANO ,? W� JUMPE RRA ROAD TO TRABUC REEK BRIDGE ti0 ba REpfNCY f Cr — APS P/ O� 5 Z (+P,pO � q O Q p N paJ 2 h O N \, AkS ao o <lRF z _f �d uj O a _ p PO ] aAsco cPaoEa P / JUNIPERO SERA i LU i A CAj L RF7hENDDR t SES WU J� EXPpP SDR ucsi A EN! MEMBERS OF THE CITY COUNCIL © ANTHONY L. BLAND Cly LAWRENCE F. BUCHHEIM IW.101IIED KENNETH E. FRIESS �IOIIto 1961 GARY L. HAUSDORFER 1776 PHILLIP R. SCHWARTIE • • CITY MANAGER STEPHEN B JULIAN November 9, 1988 Sully-Miller Contracting Company 6145 Santiago Canyon Road Orange, California 92669 Re: Completion of Camino Capistrano AC Overlay, Junipero Serra Road to Trabuco Creek Creek Bridge Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held November 1, 1988, adopted Resolution No. 88-11-1-1, accepting the work completed for the construction of the AC Overlay of Camino Capistrano from Junipero Serra Road to Trabuco Creek Bridge in the amount of $49,149.84. A copy of Resolution No. 88-11-1-1 is enclosed for your information. The retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on November 3, 1988; therefore, the final payment, in the amount of $4,914.98, may be released on December 8, 1988. Thank you for your cooperation. Very truly yours, Mary Ann Ha ver, CMC City Clerk MAH/cj Enclosure cc: Director of Public Works Director of Administrative Services Accounts Payable 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 498.1171 ISSUE DATE TE MMIDDrYY) I V im-1,401 t Do ++TP iUt IAFTPl OF 114FORMATION ONLY AND CONFERS I A, L'S,. +k -,Uf :ER' 1 Cl HULVER 'HIS CERTIFICATE DOES NOT AMEND, I :F 1 1"1 1:( PIT A.�F( ROED BY THE POLICIES BELOW. G-":W,r�WES AFFORDING COVERAGE A -- ET'F F, INS ET ,OMPANI ET-1 F c ::OMPANV, D ETTFP COMPANY E LETrEP HIS IS TO CERTIFY I HAT POLICIES OF IMSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. f OTWITHSTANDING TINY REQUIREMEN-,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY I E ISSUED Oil MAY PEFITAIN, ''HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- 1 ONII IONS OF SUCH POIL CIES. TYPE OF NSURANCE POLICY NUMBER POLIO FFFECTIVE RILICY EXPIRATION LIABILITY LIMITS IN THOUSANDS DA'E%MM DD�Y, DATE MMCD,�) — EACH AGGREGATE -7u-1-y BODILY OCCURRENCE 3—E WE RxCums IR T COMPREHENSW OIFA I INJURY $ $ PFILMISESOPERA110N. PROPERTY UNDERGROJNO DAMAGE1$ EXPLOSION & COLLAPSE',E HAZARD $ PRODUCTS COMPLETED OPERATIONS PD CONTRACTUAL 1, BI&COMEINED $ $ INDEPENDENT CONTHA(TOPS BROAD FORM PROPER If DAMAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY ANY AUTO PER PERI $ ALL OWNED AUTOS (PRIV PASS) BODILY OTHER THANINJURY ALL OWNED AUTOS (PRIV PASS PER ACLIDENT) $ HIRED AUTOS PROPERTY NON OWNED AUTOS DAMAGE $ GARAGE LIABILITY BI&PID COMBINED $ EXCESS LIABILITY UMBRELLA FORM BI&RD COMBINED $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY AND $ (EACH ACCIDENT) EMPLOYERS' LIABILITY $ (015EASEP000Y LIMIT) (DISI EMPLOYEE) DESCRIPTION OF OPERATIONS/LOCATIONS(VEHICLESYSPECIAL ITEMS A,-o! 'Pry y,. JIWQ c. UI rj- 1.16Jracts A_ M3 -1 1' IS; SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE SX- PERATION DATE THEREOF &TV�ING COMPANY WILL ENDEAVOR TO MAIL DAYS'A E CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE THIS SHOULD BE FRAMED AND MUST BE CONSPICUOUSLY DISPLAYED STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF THE DIRECTOR NuhsHEn 1130 ' CERTIFICATE OF CONSENT TO SELF=INSURE THIS IS TO CERTIFY, That-:_ Y�_C0NMACf2NG COMPANY_�a_Csliforrai has complied with the requirements of the Director of Industrial Relations under the provisions of Sections 3700 to 3705, inclusive, of the Labor Code of the State of California and is hereby granted this Certificate of Consent to Self-Insure. This r i date may be revoked at any time for good cause shown.* +— EFFECTIVE: DEPART IT OF INDUSTRIAYr�LATIONS �y r/Q F HE STATE OF AL1 RNIA THE lot—GAY OF J�y f978 DONALD VIAL00/ 9namw ANDARSON a aMAaaw RICNARD S. 11R,1,tificate.�—r'A certificate of.consent to self-insure may be revoked by the Director of Industrial [relations at any time for good cause after a hearing. Coud cause includes, among other things, the imppaairment of the solvency of such employer, the inability of the employer to fulfill his obligations, or the practice by such employer or his agent in charge of the"Vinistration of obligations under this division of any of the following: (o) Habitually and as a matter of practice and custom inducing claimants for compensation to accept less than the compensation due or making it necessary for them to resort to proceedings eggainst the employer to secure the compensation due; (b) Discharging his compensation obligations in a dishonest manner; (c) Discharging his compensation obligatlons in such a manner as to cause injury to the public or those dealing with him." (Section 3702 of Labor Code.) The Certificate may be revoked for nrtoncompliance with Title 8 California Administrative Code, Crou 2—Administration of Self-Insurance. Supersedes Certificate No. 001+8—Er issued oto SULLY—MLLER CONTRACTING COMPANY on August 22t 1973 and Certificate No. 1130, on October 1, 1967, =J `. i FOAM A-4-10 a ,a,w-,o,,.v,,w.Oic on - r-- � J MEMBERS OF THE CITY COJNCIL ANTHONY L. BLAND i� LAWRENCE F. IM MORPHAND KENNETH E. FRIESSESS U "TAIMxlo I96I GARY L HAU6DO RFEH 1776 PHILLIP R. SCHWART'E 0 • CITY MANAGER STEPHEN B JULIAN MEMORANDUM TO: Interested Persons FROM: Mary Ann Hanover, City Clerk DATE: July 21, 1988 SUBJECT: Award of Contract - Camino Capistrano Asphalt Overlay The City Council of the City of San Juan Capistrano at its regular meeting held July 19, 1988, took action to award the contract for the Camino Capistrano asphalt overlay, from Junipero Serra Road to Trabuco Creek Bridge, to the low responsible bidder, Sully-Miller Contracting Company. All other bids were rejected. Thank you for your interest in this project. If we can be of further assistance, please call. MARY ?N7t CMC MAH/mac cc: Director of Public Works Industrial ,Asphalt Vernon Paving Company R. J. Noble Company Griffith Company 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 ' • BOND NO: 142326-88 PREMIUM: $194.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That SULLY-MILLER CONTRACTING COMPANY as Principal, hereinafter called CONTRACTOR, and SEABOARD SURETY COMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Forty-Three Thousand One Hundred Forty-Three and 50/100 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 June 13, 1988 entered into a (describe agreement): Asphalt Concrete Overlay - Camino Capistrano, Junipero Serra Road to Trabuco Creek Bridge, which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -20- 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 13th day of June 1988 at Long Beach California. PRINCIPAL C ULLY-MILLER CONTRACTING COMPANY B lam. JohnBerton, ice President APPROVED AS TO FORM (NOTAR ATION AND SEAL) JX40t,kS J R. SHAW, CITY ATTORNEY SURETY SEABOARD SURETY CO Y B ' dames O. Pittman, Attorney-in-Fact (NOTARIZATION AND SEAL) -21- STATE OF CALIFORNIA ] 6EICIAL SEAL CONE A 8111 rA ] ss.: NNA1P/ MIC-CALIFePMA cAiH>dbcAltD[>J COUNTY OF LOS ANGELES I ILOSA11BEOCOLNTY fIY CCINIFSIONE1N.A!f 23, 1991 On this 13th day June 199-8 , before me, the undersigned Notary Public, in and for the State, personally appeared lamps 0 Pittman---–------ aperson known tome(cxAJ(ot�IdR�IAIW()t7CCbR�PASl9c9l6W9f15�ARWR9c9.3(d9(KK1, to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this 13th day of June A.D. 19 88 My Commission Expires Notary Public. June 23, 1991 FORM 11612/62 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 13th day of June in the year 1988 ,_ before me, the undersigned, a Notary Public in and for said State, personally appeared John A Berton Vice President---------------------- OFFICIAL srAL ------------------------------------- • personally known to me cONNVE J.RUZICKA NOTARY 711BLIC-CALIFONIA QbxMdaIDdOxalNtbx�96X��19;,�0 1L9S�1'.tWgX ifd6)to be the person who executed the LOS AN%LES COUNTY within instrument on behalf of the Corporation therein named, and acknowledged to me that 1IY Cdrrlte5$Ip!EXP..11Nt 23,1991 the Corporation executed it. WITNESS my hand and official seal. ACKNOWLEDGMENT-Corporation-WWcotts Porm 222CAN-Fay.582 Notary Public in and for said State. J1982 WOLOOTTS.INC. (Unca class 8-2) BOND NO: 142326-88 Premium Included in the Faithful Performance Bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to SULLY-MILLER CONTRACTING COMPANY License No. 1538-A, hereinafter designated as "Principal", a contract for Asphalt Concrete Overlay - Camino Capistrano, Junipero Serra Rd. to Trabuco Creek Bridge ; 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 SULLY-MILLER CONTRACTING COMPANY Principal, and SEABOARD SURETY COMPANY , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Forty-Three Thousand One Hundred Forty-Three and 501100 DOLLARS ($43.143.59), 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 13th day of June , 1988 . 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. SULLY-MILLER CONTRACTING COMPANY • PRINCIPAL B G John Berton, Vice President SEABOARD URETY COMPA SURETY By Ri4r►.�_ James/t. Pittman, Attorney-in-Fact APPROVED AS TO FORM R. SHAW, CTTY ATTORNEY -23- STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 13th day of June in the year 1988 , before me, the undersigned, a Notary Public in and for said State, personally appeared ,lphn A_ Rprton Vice President----------------------- GErlcl"tsEAt r m CCNNIE J.RU2ICKA __ ______________________--_______—__ personally known to me NpTARV pUGLIC-CALIFORNIA ygRADO)Wd)Q117tOtXtRXhC#1016%I4DC9mll9t% �CL6A7dQNd2to be the person who executed the Lp5 ANGELES CgMTY within instrument on behalf of the Corporation therein named, and acknowledged to me that nY CgM71551CN EXR.JUNE 23,1991 the Corporation executed it. WITNESS my hand and official seal. AC KNOWLEocM ENT—Corporm;n—Wolcous Form 222CA-M—Bev 5 82 Notary Public in and for said State. ©1982 WOLCOTTS,INC. price class 8-2) STATE OF CALIFORNIA ] caOfIcK SEAL A ] ss.: O fARYP&C-CAII NA ULTAkAM COUNTY OF LOS ANGELES ] EOSAMIS000NTr f1Y COMM EAP.•APF 23,1991 On this 13th day June 19 88 , before me, the undersigned Notary Public, in and for the State, personally appeared James 0. Pittman---------- a person known to me(dfYpYlfJ 42SXs etd4 3i3ttlP 4d 2StK �t�2�, to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this 13th day of June AA.D. 19 88 My Commission Expires /'/l7L �2 C C -� �(/2 ct��s✓ June 23, 1991 Notary Public. FORM 116/2/82 �erfified�oPy �V+R SUR �/V 1W �U =, ADMINISTRATIVE OFFICES $EDMINSTER,NEW-JERSEY POWER OFA 7ORNEY IOW 1iLLalAEN$Y7HESEPRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York,has matte,constituted and appointed and by these presents doesmake..cnnstituteand appoint ,R,g. MacGregor or - dames --D- Pittman - tsf _ Long-=Beach, California -- aFs#t<ueandiawful Attorney-n4-:act,tomake;execute and deliver-on its"behaR insuraneepotieies,surety bonds,undertakings and �Otheriostrume+ft�dsimitarnatureasfollows- animated -in -amount<, bit_restricted to bonds S#111y-13i r ontract nf3_=Company _andtor Soutile_rn Pacific 'Milling CompanY'r zndlpr South=coast'-.Asphalt-"Products Company,anc --Such-ittstlra[tce fatirdes;surety bond"ndenakings�and-mtruments#orsaid purposes=when duly executed by the aforesaid = A# rttey-in�act,�tUVbeWndingiupon the said_CompanyasJuliyand � tothe-sant"xtentifsigned by the duly-authorized Miers ofthe�Q7mpanyandaeaied with its corporate Seal;and>Tifthe8cts-of sa1dA#t©rney,in Flet.pursuantto the authority to eb�-gNMA1�tteraby4atified and confirmed = _ - #i �ppniaSms�t�sanede Truant to#hetollowing-By=Law"hich-mer"ul"doptedby the Board of Directors of the said tpa-ACGIrty-in_Dec ambert3th 1927--with Arrtendrnentato and including lanuary�5 1982and arestill in full force and effect - -="P91fefineogN .-atiPWaUons,mnwMaofwntK�e rwrliinamMntikirgpaMimtwmenhr*Wng1wreto. S�Iance-PotX*KAonds�etWnizances;stipulatrona eomemsistsuratyandundiirwntingundenaking"tthe-Company,-and releases agreements and other -- �a n—psre�nna-.ivao5' yt�+eto=or-toarry claimuor7oss*teneundershall ue-aigred=m-Mehameandi behalf of_thecompany - =- _=-jej# wtieC�irmawofihO-Soardithe-PrecedentaVice-PrewdenforaResidwtVice-PrasidehtandbytheSecretary.-an Assistint5ecretary,a Resident - i'efary ora#iasidefit A3sistanfSeCretary:D"b)byanAltorney-m-Fact forthecompany appointed_an"uthdrizedbythe Chairman-ofthe Board,the - �residant rte-Frestdent3rrmake-suCh�rgneture;_or-jcl by such rtherflHicers or-representatives as_the Board may from timeyo-time determine- - _- Tiws�Lefttte£orupimyshafmappmpriatebeettmedlheretabyanyaucti Dtficer,Atlomeyin-F�ct-or4epie"tive- _ AVITNESS WM MEOF SEABOARD-SURETY I K4PANY has mused thewA�yments---- gned try one nt Its Vice- PrEstdents ar3dats-mrporatesealtobe weuntoafffxed�nddutyattestedtby�nect-its tssistantSecretaries;this 12th.-. r t- — = fA BOAT3D COM — �Sea7} e.. distant-Secretary: --_ _ _> _ zfl _ idenf - 3OF-#IIEW-JERSEY= s� bw a _ -j 3F_--SC&4ERSE__ =- hfs Ag $ _.#te#ore-me personally appear President=of SEABOARD SURETY COMPA tntftavhom m iarsttnatta0guapn#edado°be,ng#ty�meduty swocn�arcUthatheresidesmtheState-of Ae _JeraPy tttatliesa3tieeP.resileaTofSEASOAiiDS1)Rl lY flMPAXYateco :iorationtfescrlbedanand-which executedthatoregoing rrisu nenT tatt nove5lheporpar2tesealofthe-Im Company;thaMesealaffixedtosattltnstri manfissuchcorpiatates�t =thai3t was Scatfixedtfyoriderofthel3oardofDineictoraol=5afd-0omVan,_and2hatheslgnedtfistiarnsYheretoasUice•P bt 3a t;ortipany by3ikeaufhorfi� IMXRICIA 1-7-FB91NC., �3 _ - - A=Natary 1ttbl'sE New jezeey Seal) My Sam if-ic.1,rpircs allay M,-1987 Notary Public C_E _R2T 1_T 1-tr :jk-1T-E _ - i,the undersigned Assistam-Secietaryof SEABOARD SURETY COMPANY doAMebyceritythattits,0n0 n&1P0weraf3"omey of-which theforegomgis abili,-true and correct copyiam full force and effect on the date of this Certificate anal i do further cenifythatthe+Jiee-Yreauyentwho exewled the said Fowerof Attorney was one of the Officers authorized by the Board of Directors to appoint an attorneyin-tact asproevice Preside VII,Section 1.of the By-Sawa of - SEABOARD SURETY COMPANY. - - - This Certificate maybe signed and sealed by facsimile under and byauthority bribe following resolution of the Executive Committee of the Board of -Directors of SEABOARD SURETY COMPANY at a meeting duly called and hold on the 25th day of March 7970 - - - - "RESOLVED,-(2) That the use of a-printed facsimile of the corporate seal of the Company andofthe signature of an Assistant secretary on any certificationof the correctness of a copy of an instrument executed by President ora Vice-Presidentpursuantfo Article VII,Section 1,of the By-Laws appointing and authorizing an attorney-in-fact to sign in the-name and on behalf?of theCompanysurety bonds,underwriting undertakings or other instruments described in said Article VII.Section 1. with like effect as ifsuchseal and such signature had been manually affixed and made, hereby is authorized and approved." - - IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this ------ day of........................... Il t1.Pi,.. - ._.. 19. 8& . . o - „--1927 t `trot fWyO - - - Assistant Secretary Form 957(Rev.7,84) ?'v _i c u� of Ir soil enlC.t a . r.env.-" <"r. 1 .rnP. You rl" Ce C' 1120 9. 9', '!4�enC ask.for in, ^nw_'o'Ati nevaerV P ,a_e ret,••. rr r'ovm. r.. -! ',mm .n. L. l�T� '...c OJ.c.; I:1 _ �_ - I'v:'1:C I OON•PI 7nac.n.- ®r ISSUE DATE(MM/DD/VV) 11 ® ... :^!.... PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED( BY THE POLICIES BELOW. Jot 26' COMPANIES AFFORDING COVERAGE COMPANY ($ LETTER A - .. At COMPANY INSURED ( LETTER B Ko Su ' ' .. COMPALETTER C 5U r E COMPANY Lo LETTER (2 COMPANY E I LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE WMIOOm) DATE IMMIDDnn EACH AGGREGATE OCCURRENCE GENERAL LIABILITY � BODILY COMPREHENSIVE FORM - INJURY $ $ PREMISES/OPERATIONS PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL 61 a PD $ $' . COMBINED INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY bowl+ NJURY $ ANY AUTO - PER PFRGDN� ALL OWNED AUTOS(PRIV PASS) 8000 /OTHER THAN) INJURY / ALL OWNED AUTOS 1 PRIV PASS (PER ncDoevn $ HIRED AUTOS PROPERTY NONOWNEDAUTOS - DAMAGE $ GARAGE LIABILITY BI&PD COMBINED $ . EXCESS LIABILITY UMBRELLA FORM BI&PD c c $ COMBINED $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY AND $ (EACH ACCIDENT) EMPLOYERS' LIABILITY $ (DISEASE-0OLICV LIMIT) $ (DISEASFEACH EMPLOYEE( OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS h>p/I laa0le _a Ccs`a;xeti5 t'`He :.Jn tC3G I" +WDI:A It ',�, ;er'J! Caxilq .:a;>l :.trt�Rv, JUnT,,3-O Suis Road to U i ,,w... . 4r(�:cti.. $!Ie GftY of Sen du.n SC?_Ast„ca.; arc 'IT^. D4scF ac,� epp::'inT:xl ��iti.:i;nx t; ..''-'stry na'.Ira�? e> adu;'itu,Ta4 'n ._a'•�us �s I-as:�Ucss S� ii'Y—"';1 ;� -^�'rtt^•:,cting ;x,:,;�sn'y' opo of I.NF:, c.r14 y. Aly Of bd" J V'"''D CuJ :t,":n5:+ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. P[RATION DATE THEREOF „T �iJ S NG COMPANY WILL ENDEAVOR TO MAIL a_ DAYS WRITTENMFI�1 E CERTIFICATE HOLDER NAMED TO THE �Yl.! C.n,,t s+'r•.nc, y2575 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE THIS SHOULD BE FRAMED AND MUST BE CONSPICUOUSLY DISPLAYED STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF THE DIRECTOR NUMBER 1130 CERTIFICATE OF CONSENT TO SELF=INSURE THIS IS TO CERTIFY, That---A94�*__M_--CO iTRACTING_COMPANY__a Celi£ornia_corppra iQp�_+�_-----__._- has complied with the requirements of the Director of Industrial Relations under the provisions of Sections 3700 to 3705, inclusive, of the Labor Code of the State of California and is hereby granted this Certificate of Consent to Self-Insure. This r i date may be revoked at any time for good cause shown.* +� EFFECTIVE: DEPART IT OF INDUSTRIAL,4&gl–ATIONS �� • F HE STATE OF ALI RNIA THE 15AT OF—iul 1978 lyA/\1ALD VIAL Dllll<i011 RICH 4W S. ANDERSON AMAGER °Rev r' cate.—"A certificate of consent to self-insure may be revoked by the Director of Industrial Relations at any time for good cause after a hearing. Cood cause includes, among other things, the imppairment of the solvency of such employer, the inability of the employer to fulfill his obligations, or the practice by such employer or his agent in charge of theedministretion of obligations under this division of any of the following: (a) Habitually and as a matter of practice end custom inducing claimants for compensation to accept less than the compensation due or making it necessary for them to resort to proceedings against the employer to secure the compensation due; (h) Discharging his compensation obligations in a dishonest manner; (c) Discharging his compensation obligations in such a manner as to cause injury to the public or those dealing with him." (Section 3702 of labor Code.) The Certificate may be revoked for noncompliance with Tide 8 California Administrative Code, Crou 2—Administration of Self-Insurance. *Supersedes Certificate No. 0018—E, issued oto SfJLLY—H1ILLt�i CONTRACTING COMPANY on AvguA 229 1973 and Certificate No. 11309 on October 1, 1967. -� FORMA-4-10 13 ......wo 00ov • • BOND NO: 142326-88 PREMIUM: $194.00 • PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That SULLY-MILLER CONTRACTING COMPANY as Principal, hereinafter called CONTRACTOR, and SEABOARD SURETY COMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Forty-Three Thousand One Hundred Forty-Three and 50/100 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 June 13, 1988 entered into a (describe agreement): Asphalt Concrete Overlay - Camino Capistrano, Junipero Serra Road to • Trabuco Creek Bridge. which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, • including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -20- • 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 13th day of June 1988 at Long Beach , California. PRINCIPAL ULL ILLER CONTRACTING COMPANY By (� John Berton, Vice President APPROVED AS TO FORM (NOTARIZATION AND SEAL) c�L k jtax,,� J R. SHAW, CITY ATTORNEY SURETY SEABOARD SURETY CO B . Jame 0. Pittman, ttorney-in-Fact (N ARIZATION AND SEAL) • -21- STATE OF CALIFORNIA ] WICK SEAL ] ss.: WrAMPURC-CALIFOFMA d X%COUNTYOF LOS ANGELES ] L� � IIV UDM4SIpt1 P.JUNE 23,1991 On this 13th day June 1958,, before me, the undersigned Notary Public, in and for the State, personally appeared James 0. Pittman---------- a person known to me(Ot>kit0(VtiflNlfaM'0W�1(ONE91MPA6(90XiXB0MDQYy(1NdGlBi1C8), to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this 13th day of June A.D. 19 88 My Commission Expires y June 23, 1991 61 Notary Public. FORM 116 12/82 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. On this 13th day of June in the year 198$, pefpre mg,•the undersigned a Notary Public in and for said State,y_ersonallY appeared o n ' Berton, Vice i1esihii ---------- OFFICIALSEAL , personal) known to me CONNC A 0.U21CKA ------------------------------------ y NOTARY PUBLIC—CALIFORNIA I'OXADOY tl17l(%MXXXbPkMX;iK9011XV&9(W44!Wto be the person who executed the LOS ANGELES COUNTY within instrument on behalf of the Corporation therein named, and acknowledged to me that My C@911SSION EXP.JUNE 23, 1991 the Corporation executed it. WITNESS my hand and official seal. ACKNOWLEDGMENT—CoryorAion—Wmowls Form 222CA-x—Rev 5 8 Notary Public in and for said State. 01982 WOLCOTTS,INC- IPrlcecl.ss 8-21 BOND NO: 142326-88 • Premium Included in the Faithful Performance Bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to SULLY-MILLER CONTRACTING COMPANY License No. 1538-A, hereinafter designated as "Principal", a contract for Asphalt Concrete Overlay - Camino Capistrano, Junipero Serra Rd. to Trabuco Creek Bridge ; 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 SULLY-MILLER CONTRACTING COMPANY Principal, and SEABOARD SURETY COMPANY , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the • penal sum of Forty-Three Thousand One Hundred Forty-Three and 5O/100 DOLLARS ($43.143.59), 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 13th day of Juno 1988 . 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. SULLY-MILLER CONTRACTING COMPANY INCIPAL CA-_,'� John Berton, Vice President SEABOAR SURETY COMPANY SURETY -� El _. dame 0. Pittman, Attorney-in-Fact APPROVED AS TO FORMAA n, A .Ap da R. SHAW, CITY ATTORNEY • -23- STATE OF CALIFORNIA ] OFFICIAL SEAL ] ss.: • NOTARY PUBLIC-CALIFORNIA QtkTxld(>ICOUNTY OF LOS ANGELES ] 105AMM C0U1iTY W CO 111ts H EXP.JUNE 23,1991 On this 13th day June 19 88, before me, the undersigned Notary Public, in and for the State, personally appeared James 0 Pittman---------- a person known to me( k@HCDb�trl4dCriE[1C]PkiAXt6NbfNi3t16R3CYtX�t7GXtd%iWE), to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this 13th day of June A.D. 19 88 My Commission Expires June 23, 1991 Notary Public. FORM 11612/82 1� STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 13th day of June in the year 19H , before me, the undersigned, a Notary Public in and for said State, personally appeared John A. Berton, Vice President----------------------- OFFICIAL SEAL -------------------------------------- • personally known to me a. CO IE J RUZICKA 7k0t)OX'D¢/i1tt0)OOC>alOXp9tDXGti)07(12ti1ECl9t9E>1(XW7�q¢E) to be the person who executed the NOTARY PUBLIC-CALIFORNIA within instrument on behalf of the Corporation therein named, and acknowledged to me that LOS ANGELES COUNTY the Corporation executed it. HY COMMISSION EXP.JUNE 23, 1991 WITNESS my hand and official seal. C l 9L! C �IACKNOWLEDGMENT—Corporation—WOIco05 Form 222CA-%—qev 002 Notary Public in and for said State. 091982 WOLCOTTS,INC. IDnce class 8-21 t�A�` UU 0059 COSM No. 1815 ADN STRAT1VE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York,has made, constituted and appointed and by these presents does make, constitute and appoint R.K. MacGregor or James O. Pittman of Long Beach, California its true and lawful Attorney-in-Fact,tomake,execute and deliver on its behalf insurance policies,surety bonds,undertakings and other instruments of similar nature asfollows: Unlimited in amount, but restricted to bonds for Sully-Miller Contracting Company and/or Southern Pacific Milling Company, Inc. and/or South Coast Asphalt Products Company, Inc. Such insurance policies,surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-m-Fact,shall be binding upon the said Company as fully and to the seine extent as if signed by the duly authorized officers of the Company and sealed with its corporate seat;and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given,are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duty adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are stilt in full force and effect: ARTICLE VII,SECTION 1: _ "Policies,bonds,recogni umces,stipulations,consents of surety,underwriting undertakings and tnstnnna rts relating thereto. Insurance policies,bonds,recognizances,stipulations,consents of surety and underwriting undertakingsof the Company,and releases,agreements and other writings relating in any way thereto or to any claim or loss thereunder,shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board,the President,a Vice-President or a Resident Vice-President and by the Secretary,an Assistant Secretary,a Resident Secretary or a Resident Assistant Secretary:or(b)by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board,the , President or a Vice-President to make such signature;or(c)by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer,Attorney-In-Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seat to be hereunto affixed and duty attested by one of its Assistant Secretaries, this ... day of.—dune---._..--..___._.:----...._, 198b.. 0D. Attest: SEABOARD SURETY COMPANGam--- Y (Seal) /vG�cAss - e ... .. ....._.. ..J/ Assistant Secretary - V e-President STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On this....12th........_..... day of ...._._._._._...-___JUn.Q_................ ...------- .......... ....._ 19... before me personally appeared _.......-.Michael...B.....Keegan..........--......._......................._--------.._.__.. a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted,who, being by me duly sworn, said that he resides in the State of .N.e.._-J.e.r.S.ey.. ; that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing instrument;that he knows the corporate seal of the said Company;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto as Vice-President of said Company by like authority. PATRICIA L. t-EBBING A Notary Public of New Jersey (Seal) My Comrnivion Expires May 25, 1997 Notary Public C E R T I F I C A T E I,the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this Certificate end I do further certify that the vice-President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII,Section 1,of the By-Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and hold on the 25th day of March 1970. "RESOLVED: (2) That the use of a printed facsimile of the corporate seal 01 the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President x#a Vice-President pursuant to Article VII,Section 1,of the By-Laws appointing and authorizing an attorney-in-tact to sign in the name and on behalf of the Company surety bonds,-underwriting undertakings or other instruments described in said Article Vli;Section 1,with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this su�Err u ..13th . -_- day of.:_. .-.June .._... � 19�$ s q'�`aratx+ _Z' AssistantSecretary Form 957 fffes.779a1 for v.n!ic<nrtm o1 the authentroity of this Powa of Attomay you may call,collect.?'.9-943 7440 and ask for the P tw;rot Atlurnvy clerk Please rote,to I ,, P&,v ,,f Viornrty nunther,the above named individual(s) and details of the bond to which the power Is attache❑ ' ' Tr HSUE DATE (MM/DD(YY) T . f„'}A :,y", „o- s;. " 06/73/88 D A: X114 ONLY AND CONFERS "IFIC' 1 ;.ATE DOES NOT AMEND, 1' VER ,;:_ICIES BELOW. Johnson 8 Higgins of PA, Inc, - - -- _--- 2600 One PPG Place _ -'iYr`. 2ti"sE$ r-/ `IE tV'_I i„1 fa:l/EflACaE Pittsburgh, PA 15222 - - — - ---- (412)391-5350 A National Union Fire Ins, Co. of Pittsburgh, PA Attn: R. Scott Hanes -- - - - - — - - - - --- - ----- __.._._ - COMPAN' B INSUnEO LETTER Koppers Company, Inc, and Its Subsidiary ------- - -- - ------ - - -- ------ Sully-Miller Contracting Company LOMEFNN Q 3000 East South Street -- --- ------- ------- Long Beach, CA 90805 COMPANY LETrFR (215)531-3550 ------- --.- _ -"-- - COMPANY E LETTEP THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO T of OF IJF Vi F�POLICY NUMBER — POL C/ EIFEST JE POLICY E%Pi RA➢ON LIABILITY LIMITS IN THOUSANDS LTR ATE IMMIDO-YI pn'L IMM/DOM'I EACH AGGREGATE OCCURRErvCE GENERAL LIABILI TV A RMGLA956-63-62 1/1/88 1/1/89 BOOILv COMPREHENSIN! 10RM INJURY $ $ 33 PREMISFS/OPEkAIIONS PROPER rr UNDERGROUNDDAMAGE $ $ EXPLOSION 8 col'_AP}.F HAZARD PRODUCTS/COMPIFT"." OPERATIONS CONTRACTUAL :BI &PC $ @@1r000 c1,000 (COMBINED `P INDEPENDENT CONTRA;TORS BROAD FORM PROPERTY DAMAGE r $1,000 PERSONAL INJURY PERSONAL INJURY UTOMOBILE LIABILITY at�L A RMBA154-97-11 1/1/88 I/l/89 NAPI ANY AUTO aE PcRKW $ S - ALL OWNED AUTOS(PRIV PASS 1 90piU + / ALL OWNED AUTOS ILPRVRPASSN) 'nA�bXaCCmE4T' $ HIRED AUTOS PROPERTY fi NON OWNED AUTOS DAMAGE $ GARAGE LIABILITY eI a PO 1,000 I I ' COMBINED $ ' 1 EXCESS LIABILITY UMBRELLA FORM BI a PO COMBINED $ $ i OTHER THAN UMBRELLA FORM { WORKERS' COMPENSATION Self–Insured by State of California STATUTORY qqDCert, No, 1130 - Continuou Coverage $ (EACH ACCIDENT) EMPLOYERS' LIABILITY $ (DISEASEPOLICYLIMIT) $ (DISEASEEACHEMPLOYEE) OTHER Ii DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Applicable as respects the contract Asphalt Concrete Overlay - Camino Capistrano, Junipero Serra Road to Trabuco Creek Bridge. The City of San Juan Capistrano and Its elected -I and appointed offl'clais are hereby named as additional Insureds as respects Sully-Miller Contracting Company's operations only. City of San Juan Capistrano SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. 32400 pase0 Adelanto PIRA19ON DATE THEREOF;;rraa,,��{{��,,..1 $ J(10 COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTENAAM YO RRE CERTIFICATE HOLDEA NAMED TO THE San Juan Capistrano, CA. 92675 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IM SE NO OBLIOA71014 OR L"LITY OF ANY KIND UPON THE COMPANY, ITS AGENT REPREBE 1'f IVES. AUTHORIZED REPRESENTATIVE THIS SHOULD BE FRAMED AND MUST BE CONSPICUOUSLY DISPLAYED STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF THE DIRECTOR NUMBER 1130 CERTIFICATE OF CONSENT TO SELF-INSURE THIS IS TO CERTIFY, That----SULLY MILLER_CONrRACTING_COMPANY has complied with the requirements of the Director of Industrial Relations under the provisions of Sections 3700 to 3705, inclusive, of the Labor Code of the State of California and is hereby granted this Certificate of Consent to Self-Insure. This r i date may be revoked at any time for good cause shown.° +� EFFECTIVE: DEPART IT OF INDUSTRIA CATIONS �'r,,,,yy F HE STATE OF ALI RNIA THE 16t OF July 1978 . VIAL O,RacroR CHARD S. AND>!R.SON ARAaa° •Aev rti6cate.—"A certificate of consent to self-insure may be revoked by the Director of Industrial Relations at any time for good cause after a hearing. Codd cause Includes, among other things, the Imppaairment of the solvency of such employer, the Inability of the employer to fulfill his obligations, or the practice by such employer or his agent in charge of the'administration of obligations under this division of any of the following: (a) Habitually and as a matter of practice and custom inducing claimants for compensation to accept less than the compensation due or making it necessary for them resort to proceedings against the employer to secure the compensation due; (b) Discharging his compensation obligations in a dishonest manner; (c) Discharging his compensation obligations in such a manner as to cause injury to the public or those dealing with him." (Section 3702 of Labor Code.) The Certificate may be revoked for noncompliance with Title 8 California Administrative Code, Croup 2--Administration of Self-Insurance. Supersedes Certificate No. 00218—Er issued -to SULLY—MILLER CONTRACTING COMPANY on August 229 1973 and Certificate No, 1130, on October 1, 1967, FORK A440 .49W 13 CITY OF SAN JUAN CAPISTRANO Produced By BRIAN PERRY JUNE 6, 1988 PAGE 1 OF 2 :BIO SUMMARY - ASPHALT CONCRETE OVERLAY CAMINO CAPISTRANO, :ENGINEERS ESTIMATE SULLY-MILLER CONTRACTING CO:INOUSTRIAL ASPHALT :VERNON PAVING CO :Contract 4 JUNIPERO SERRA ROAD TO TRABUCO CREEK DR106E : :6145 SANTIAGO CANYON ROAD :6623 CALLE EVA MIRANDA :2544 WOODLAND DRIVE :Bids Opened - JUNE 6, 1988 2.00PM :PO BON 432, ORANGE, CA 9266:IRNINDALE, CA 91706-2263 :ANAHEIM, CA 92801 :714-639-1400 i ------------------------------------------*---------f------f------------f------------,--------- ----*------------i------------f------------4------------4------------t Item Item Description :QUANTITY :UNIT : Unit : Total item : Unit : Total item : Unit : Total Item : Unit : lotal Item No. Price 1 Price Price Price Price 1 Price Price Price t------------------------------------------+---------+------+------------+------------+--------------*------------*------------*------------f------------+-----------* I PAVEMENT REINFORCING FABRIC : 10350 :S.Y. : $1.00 : $10.850.00 : 10.61 : 16,618.50 1 10,74 : 18,029.00 : $0.75 t $8,137.50 : ASPHALT CONCRETE 985 :TON $35.00 : $34.475.00 : $31.00 : 130,535.00 : 132.81 : $32,317.85 : $31.80 : $31,3z3.00 1 3 SHOULDER GRADING i l :L.S. : $5,000.00 : 15.000.00 :12,400.00 : $2,400.00 : $1,500.00 : $1,500.00 : $5,300.00 : $5,300.00 : 4 PAVEMENT MARKINGS i t :L.S. 15,000.00 : $5,000.00 :$2,640.00 : $2,640.00 : 12,485.00 : $2,485.00 : $2,700.00 : $2.700.00 : 5 TRAFFIC CONTROL I :L.S. : $5,000.00 : $5,000.00 : $950.06 $950.00 : $990.00 : $990.00 : $2,029.50 : 12,029.50 : *-------------------------------------------t---------*------f------------+------------*--------------+------------+------------+------------f------------+-----------t TOTAL LONTRACI COST $60.325.00 : : $43,143.50 : : $45,321.85 1 : $49,490.00 1 +------------+ f------------+ f------------f +------------f • :ITT OF SAN JUAN CAPISTRANO Produced By BRIAN PERRY JUNE 6. 1986 PAGE OF 2 BID SUMMARY - ASPHALT CONCRETE OVERLAY CAMINO CAPISTRANO, ;ENGINEERS ESTIMATE ;R.J. NOBLE COMPANY ;BLAIR PAVING INC. :GRIFFITH COMPANY (Contract t JUNIPERO SERRA ROAD TO TR.AB000 CREEK BRIDGE ; ;15505 LINCOLN AVE ;4226 E LA PALMA 12020 YALE ;Aids Opened - JUNE 6, 1988 2,0('PM ;P.O. BOX 620, ORANGE, CA 92;ANAHEIM, CA ;SANTA ANA, CA 92704 -----------------------------------------------------{------}------------{------------{--------------{------------{------------{------------{------------}------------{ Iter Iter Description ;QUANTITY ;UNIT ; Unit ; Total [tee ; Unit ; Total Iter ; Unit ; Total Item ; Unit 1 Total Item No. Price 1 Price Price Price Price 1 Price Price 1 Price , {------------------------------------------}---------{------{------------{------------{--------------{------------}------------}------------{------------*------------{ I PAVEMENT REINFORCING FABRIC 1 10.05+) ;S.V. $1.00 ; $10,850.00 ; $0.60 1 $6,510.00 ; $0.80 ; $8,680.00 ; $1.37 ; $14,864.50 2 ASPHALT CONCRETE 985 ;TON $35.00 ; $34,475,00 ; $39.80 I $39,203.00 ; $30,50 $30,042.50 1 $28.00 ; $27,580.0+0 .3 SHOULDER. GRADING I ;L.S. ; $5,000,00 1 $5,000.00 1$1,750.00 ; $1,750.00 ; $5,400.00 ; $5,400.00 ; $6,100,00 ; $6,100.00 4 PAVEMENT MARKINGS ; l ;L.S. ; $5,000.00 1 $5,000.00 32,685.00 ; $2,685.00 $3,000,00 ; $3,000.00 ; $3,000.00+ $3,000.00 1 5 TRAFFIC CONTROL ; I ILS. ; $5,000.00 ; $5,000.00 151,285.00 1 $1,285.00 ; $4,600.00 ; $4,600.00 $4,25uml t $4,250.00 1 f-------------------------------------}---------{------}------------}-----------}-------------{------------{-----------{------------}------------{-----------} TOTAL CONTRACT COST ; $60,325.00 ; ; $51,433.00 1 1 $51,722.50 1 ; $55.794.50 +------------} {------------{ {------------} }------------{ f w AFFIDAVIT OF PUBLICATION This space is for the County Clerk's Filing Stamp s STATE OF CALIFORNIA Proof of Publication of County of Orange I am a citizen of the United States and a resident of the NOTICE OF INVITTNO BID£ County aforesaid: I am over the age of twenty one years, ......... _. -. .. and not a party to or interested in the above-entitled NOi10EINYl17N('BDO, --'•'' matter. I am the principal clerk of the Capistrano Val- A 1`. 1`$b Y-CA1@tO ley News,a newspaper of general circulation in the City CAPH A A�rov of San Juan Capistrano, County of Orange, and which newspaper has been adjudicated to be a newspaper of ,;� • •;Dyr, tsy��.;ai,�• .r general circulation by the Superior Court of the County w4.>tis.•.a..r�i+s..+asw; of Orange, State of California, June 5, 1984, Case No. a,pd ,r'' A-122949 in and for the City of San Juan Capistrano, . �f're " County of Orange and the South Orange County Judicial cfs•ts�ar�s>twn�arr.r ..+. District;that the notice,of which the annexed is a true c•riw.r�.vr Ku. .+.r.�.o. savrc printed copy,has been published in each regular and • 'r"r'�""A-•==``R '' entire issue of said newspaper and not in any supple- ment thereof on the following dates,to wit: April 28 , May 8 , 1988 a - I declare under penalty of perjury that the foregoing is ture and correct. Executed at Mission Viejo, Orange County gMay 88 California,this ......... dayof 19 ......... ci.�a t- - Signa Ivry a �` �• Capistrano Valley News 23811 Via Fabricante P.O. Box 3829 Mission Viejo, Calif.,92090