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1983-1101_SULLY MILLER CONTRACTING_ContractPT M14 RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Sully Miller Contracting Company, P.O. Box 432, Orange, California, 92666-0432, for the performance of the following work: CONSTRUCTION OF THE SAN JUAN CAPISTRANO LIBRARY AND GREAT STONE CHURCH PARKING LOT That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 3rd day of April 1984, by Resolution No. 84-4-3-4 That upon said contract the Seaboard Surety Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 6th day of April , 1984 . ary Annover,'City Clerk of H the City 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 W -404 PM APR 10'84 LEE 6th day of April , 1984. Mary Ann onover, City Clerk City of Tan Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Sully Miller Contracting Company, P.O. Box 432, Orange, California, 92666-0432, for the performance of the following work: CONSTRUCTION OF THE SAN JUAN CAPISTRANO LIBRARY AND GREAT STONE CHURCH PARKING LOT That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 3rd day of April 1984, by Resolution No. 84-4-3-4 That upon said contract the Seaboard Surety Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 6th day of April , 1984 . ary Annover,'City Clerk of H the City 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 W -404 PM APR 10'84 LEE 6th day of April , 1984. Clerk of ary Annover, City the City f San Juan Capistrano • uCi CONTRACT 7" IVCD r", �t3 This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as'_City 647d Sullv Miller cnnf-rnnEina hers@•inafter, 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 Affi- davit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the City and the Contractor, plans, specifications and special provisions, contract bonds, resolu- tions adopted by the City Council pertaining to the work, in- surance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies neces- sary to perform and complete in good and workmanlike manner the construction of San Juan Capistrano Library/Great Stnne Church Parkino Lot in strict confor- mity with the Plans, Specifications and all other contract docu- ments, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. -16- FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be im- practicable 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) a 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 con- tract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of Cali- fornia, 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 per- formance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after com- pletion 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 incidential to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the pre- vailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a -17- part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified pre- vailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR agrees to carry Public Liability, Property Damage, and Workmen's Compensation Insurance in amounts as required by the Specifications. EIGHTH. C014PLIANCE 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 ex- tent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipula- tion that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calen- dar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. INWITNESS 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. CI ') OF AN JUAP C IST, NO DATED: January 17, 1984 BY Cr rZ - YOR i APPROVED AS TO FORM: �7 • / CITY, LERK CITY ATTORNEYV Sully Miller Contracting CONTRACTOR DATED: BY 'to �/l � ROBERT E. HOLLAND, VICE PRES. STATE OF CALIFORNIA ] L SEAL] ss.:Rmt . JOHNSON • CA4FCIRNIA� COUNTY OF LOS ANGELES ] es cowms Ckt. 2a, V186 On this 12th day December,l9 $3, before me, the undersigned Notary Public, in and for the State, personally appeared Ronald Davis----------------- a person known to me 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 12th My Commission Expires October 24, 1986 FORM 116 12/82 STATE OF CALIFORNIA ss. COUNTY OF Los Angeles OFFICIAL SEAL CONNIE J. GONZALES V -•a NOTARYPUELIC -CALIFORNIA LOS ANGELES COUNTY A'•5 comm Fxpbes June 2J, 19a, ACKNOWLEDGMENT—Corporation—Wolcotts roan 222CA-x—Rev 5-82 ©1982 WOLCOTTS, INC. day of December, A.D. 19 83. Notary Public. On this 12th day of December in the year 1983 before me, the undersiigned, a Notary Public in and for said State, personally appeared FRANK E. HOLLAND, ASST. SECRETARY -------------------- personally known to me ) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notary Public in and for said State. s_(Ty %,`I B0,kRD �SURET-Y COMP V"Ti 6 :S No. 98 NEW YORK, NEW YORK No. 01 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 Frank E. Holland, James O. Pittman, W. Duane Rash, J.L. O'Neal, T. H. Douglas, Ronald Dav of Long Beach, California its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under- takings and other instruments of similar nature as follows: Limited to the amount of $2, 500, 000 for bonds executed on behalf of Sullv-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 -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-inFact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following Bv-Laws which were duly adopted by the Board of Directors of the said Com- pany on December Sth. 1927. with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION 1: "Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other writings relating in an), 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 Chair- man 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 f icy Vice - Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ....... ............... day of .......... 6T.Lm.e................................ 19...$.3. Attest: SEABOARD SURETY COMPANY, (Seal) .......nia,.,J.,..„Leonard By R. T. Gundersen ..................................................,................................I........................ Assistant Secretary Vice -President STATE OF NEW YORK COUNTY OF NENV YORK On this .............3rd........... day of.............. ... June .............................................................. ., 19.....83.., before me personally appeared .........................}Z.....x.,... Li7ad.e.z.&.ezl................................................... a Vice -President of SEABOARD SURETY COMPANY. with whom I am personally acquainted, who, being by me dulv sworn, said that he resides in the State of ......,ALekZ...Q.X1�........,,; that he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the fore- going instrument; that he knows the corporate seal of the said Companv; 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. State of New York No. OJQU8468870 qualified in Richmond County Certificate filed in New York Countv (Seal) Commission Expires March 30, 1984 Margaret M. Quinlan ......................................................................... Notary Public C ERTIFI CAT E I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do bereby 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 and I do ierher 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 Board of Directors of SEA- BOARD SURETY COMPANY at a meeting duly called and held on the 28th day of Tune 1978. 'RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the mmpanc and of the si_ature of an Assistant Secretary on any certification of the correctness of a cop, of an instrument executed by the IiTt6' ent or a \ ice -President pursuant to Article 'I'll, Section 1, of the By-Latv5 appointing and authorizing an attornev-in-fact to sign, in the name and or, behalf of the comyany surety bonds. underwriting undertakings or other instruments described in said Article VII, Section 1, �ith like ecect as if such sea; 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 ccmrate seal of the Company to these presents this �,-:............12th............ day of .............................DECEMBER............................. 19 83 7s7r l_, Assist [Secreta Vii' F. s57 (Rev. l -b7) 0 0 4. NOTICE OF COMPLETION AND FINAL REPORT - LIBRARY/CHURCH PARKING LOT (SULLY MILLER) (C63) 43) As set forth in the report dated April 3, 1984, from the (52) Director of Public Works, the San Juan Capistrano Library/Great Stone Church parking lot project between E1 Horno Street and Acjachema Street has been completed; the gravel surface is temporary and will be reconstructed to normal City standards as part of the requirements of the Great Stone Church. Acceptance of Work: The following Resolution was adopted: NO. 84-4-3-4, COMPLETION OF SAN JUAN LOT (SULLY MILLER CONTRACTING COMPANY) - 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 SAN JUAN CAPISTRANO LIBRARY AND GREAT STONE CHURCH PARKING LOT (SULLY MILLER) The Resolution accepted the project as complete in the amount of $23,279.25, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Payment status was as follows: Original Contract Price $24,345.75 Total Project Construction Cost 23,279.25 Less 108 Retention 2,327.93 Amount Due 20,951.32 Staff was authorized to make payment as indicated and to release the 10% retention 35 days after recordation of the Notice of Completion. 0 0 AGENDA ITEM April 3, 1984 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Final Report - San Juan Capistrano Library and Great Stone Church Parking Lot (Sully Miller) q T TTT Dm TONT The San Juan Capistrano Library and Great Stone Church parking lot project between E1 Horno Street and Acjachema Street is completed and ready for acceptance by the City Council and recordation of a Notice of Completion with the County Recorder. The gravel surface which has been provided is temporary and will be reconstructed to normal City standards as part of the requirements of the Great Stone Church. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable FINANCIAL CONSIDERATIONS The current payment status is as follows: Original Contract Price $24,345.75 Total Project Construction Cost 23,279.25 Less 108 Retention 2,327.93 Total Due to Date 20,951.32 Previous Payments -0- Amount Due $20,951.32 There is $16,000 budgeted in Account #06-4715-505 for this project. A budget amendment to transfer a further $15,000 from Account #06-4706-536 was approved at the time of the award of contract. ALTERNATE ACTIONS 1. Accept the project as complete. 2. Do not accept the project as complete. 3. Request further information from Staff. fOk CITY Y COUNCIL AULNUA IF q 0 Library/Church Parking Lot -2- April 3, 1984 RECOMMENDATION By motion, determine that the work for the San Juan Capistrano Library and Great Stone Church parking lot has been completed and declare the work to be accepted. Direct that within ten (10) days from the date of acceptance, a Notice of Completion be filed with the County Recorder. The total amount of work performed under this contract is $23,279.25. Authorize staff to release the 10% retention thirty-five (35) days after recordation of the Notice of Completion. Respectfully submitted, W. D. Murphy WDM:BP/rem Encl. RESOLL&N NO. 84-4-3-4 • COMPLETION OF SAN JUAN CAPISTRANO ING W 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 SAN JUAN CAPISTRANO LIBRARY AND GREAT STONE CHURCH PARKING LOT (SULLY MILLER) WHEREAS, on the 17th day of January, 1984, the City of San Juan Capistrano entered into a contract with Sully Miller Contracting Company, for the construction of the San Juan Capistrano Library and Great Stone Church Parking Lot; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does resolve as follows: SECTION 1. That the work required to be performed by said contractor has been completed. SECTION 2. That the total cost of said work is in the amount of $23,279.25. approved. forward a County of SECTION 3 SECTION 4. "Notice of Orange for That the work is hereby accepted and The City Clerk is Completion" to the recording. directed to forthwith County Recorder of the PASSED, APPROVED AND ADOPTED this 3rd day of April , 1984 , by the following vote, to wit: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze and Mayor Bland NOES: None ABSENT: None ' ANTHONY L.B AND, MAYOR ATTEST: 7 CITY CLERK d -1- 33-3 STATE OF CALIFOAA ) • COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 84-4-3-4 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day of April 1 1984 , ( SEAL ) Z2 �' VMARY ANN bf OVER, CITY CLERK STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 83-12-20-3 and on the 10th day of April 1984 , she caused to be posted: being: RESOLUTION NO. 84-4-3-4 CAPISTRANO LOT 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 SAN JUAN CAPISTRANO LIBRARY AND GREAT STONE CHURCH PARKING LOT (SULLY MILLER) in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. VKU.:Nu ....... ,LJ. IN V..... ..._. Mayor has signe ...... Clerk has signed _✓.. City Seal stamped ............. All blanks typed in .Absent" .._`. ..................................... "Noes"........-�-...................................... <...... Typed in Official Record Book .......... I--- Posted to Classified Cards ............. Copies sent to... J .. .............. Legal Publication ordered to be published (date) ......................................... .............. No. Affidavits .................................................. No. Printed copies required .......................... MARY - NNANOVER, CITY CLERK San Jua Capistrano, California -2- i 0 0 BIDS, CONTRACTS, AGREEMENTS 1. AWARD OF CONTRACT - LIBRARY/CHURCH PARKING LOT (SULLY MILLER)(C63) (63) Written Communications: Report dated January 17, 1984, from the Director of Public Works, forwarding results of bids received for two alternate surfaces, gravel or asphalt concrete, for the temporary Library/Church Parking Lot. The report requests a transfer of funds from the Del Obispo/Alipaz Street Improvement Account to cover the contract, survey and inspections costs; $32,000 had been budgeted in the 1983-84 budget, of which approximately $16,000 remain. The recommended bid was in the amount of $24,345,75. Award of Contract/Transfer of Funds: It was moved by Councilman Haus orfer, seconded by Councilman Friess and unanimously carried to award the contract for construction of the Library/Church Parking Lot, gravel alternate, to the low responsible bidder, Sully Miller Contracting Company, of Orange, in the amount of $24,345.75, and to reject all other bids. A transfer of $15,000 from the Del Obispo/Alipaz Street Improvement Account No. 06-4706-536 to the Library/Church Parking Lot Account No. 06-4715-505, was authorized. The Mayor and City Clerk were authorized to execute the document on behalf of the City. //7/(9�/ AGENDA ITEM January 17, 1984 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract - Library/Church Parking Lot and Approval of Budget Amendment QTTTTATTnM Bids have been recieved for the above parking lot project between E1 Horno and Acjachema Streets. Two alternate surfaces have been bid, gravel and asphalt concrete. The parking lot surface is to be temporary and will be reconstructed to normal City standards including landscaping and lighting as part of the requirements of the Great Stone Church. Bids received are as follows: 1) Gravel Alternate Sully Miller Contracting Co. $24,345.75 2) Asphalt Concrete Alternate Sully Miller Contracting Co. $28,195.75 Staff is recommending award of the contract for the gravel alternate at $24,345.75. Pre -contract grading of the area is already underway at this time and is expected to be completed very shortly. COMMISSION/BOARD REVIEW, RECOMMENDATIONS The project has been reviewed and approved by the Cultural Heritage and Planning Commissions and the Environmental Review Board. FINANCIAL CONSIDERATIONS $32,000 was budgeted in Account #06-4715-505 of the 1983-84 budget of which approximately $16,000 remains. Staff is requesting a budget amendment to transfer $15,000 to cover the contract, survey, and inspection costs from the Del Obispo/Alipaz Steets Improvements Account #06-4706-536. Award of Contract-Library/Church Parking Lot ALTERNATE ACTIONS -2- January 17, 1984 1. Award the contract and approve the budget amendment. 2. Do not award the contract. 3. Ask staff for additional information. RECOMMENDATION By motion, award the contract to the low responsible bidder, Sully Miller Contracting Company for the construction of the library/ church parking lot, gravel alternate, in the amount of $24,345.75 and reject all other bids. Authorize the Mayor and City Clerk to execute the document on behalf of the City. Aiso, by motion, approve the budget amendment to transfer $15,000 from the Del Obispo/Alipaz Street Improvements Account #06-4706-536 to the Library/Church Parking Lot Account #06-4715-505. Respectfully submitted, W. D. Mur j WDM:BP/rem E P R P O S A L 0 For the: San Juan Capistrano Library & Great Stone Church Parking Lot SULLY -MILLER CONTRACTING COMPANY. From: Contractor To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans and Specifications and General Conditions 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 of lump sum given on the following pages of this proposal, amounting to a total of: 1. For Alternate A. (Gravel Surfacing) 2. For Alternate B. (Asphalt Concrete) �I'Vo $ Z9 34S�s DotiwtiS'Figures AuJ $ z.s, i q s,r Dou.AaT 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, ap- paratus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. -4- 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 45 days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals. The estimated quantities of work indicated in this 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 corres- pond 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 City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. n Accompanyingthisproposal is fi;d'der 3 Uo w D (insert "$ / 0 /o cash", cashier's check, certified check or bidder's bond, as the case may be) in an amount equal to at least ten percent (10%) of the total bid. -5- 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: SULLY -MILLER CONTRACTING COMPANY Licensed in accordance with an act providing for the registration of contractors -- License No. 15 3 8 Signature of Bidder: ROBERT E. HOLLAND, VICE PRES. (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. ) SULLY -MILLER CONTRACTING COMPANT ' DATED: ✓Atj'.J'� a , / 9 00.3 P.O. BOX 432 ORANGE, CA 92666-0432 Business Address JvWI b32-1400 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. �razg z � -D-JL�4. /983 Signature of Bidder Date ROBERT E. HOLLAND, VICE PRES. (714), 63Q-,L40Q Telephone Number :!'Y - MILLER. nn 3000 EAST SOUTH STREET/ OO. BOX 5399 / LONG BEAC.. CAU•CRNIA 90605 / 17131 531 3550 (711) 639 1400 GQNTRACTING CO •"••'e.... o. .o. u. cc c AUTHORIZATION TO EXECUTE BIDS, PROPOSALS AND PERFORMANCE BONDS In accordance with the authority vested in me by virtue of that Board Resolution of Sully -Miller Contracting Company which is dated October 31, 19}8, and of that inter -office Memorandum of the President of the Road Materials Group of Koppers Company, Inc. which is dated March 12, 1979, 1, R. K. MacGregor, President and General Manager of Sully -Miller Contracting Company, hereby designate each of the following employees of Sully -Miller Contracting Company who, by virtue of this designation and of the aforesaid Board Resolution and Interoffice Memorandum, shall be and are hereby vested with the authority to execute in the name and on behalf of Sully -Miller Contracting Company, under its corporate seal; any and all proposals for the sale of products, merchandise and services of the company, and any bids and performance bonds required in connection therewith, involving any amount not in excess of five million dollars in any one instance, to the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the departments, political subdivisions, agencies of Wholly-owned corporations thereof, or any other person. President and General Manager R. K. MacGregor Sr. Vice President S Manager - Blue Diamond Materials R. F. Molynuex Sr. Vice President 6 Assistant Secretary W. Duane Rash Vice President b Manager:- Los Angeles Construction Division J. A. Berton Vice President 6 Manager - Sari Diego Construction Division Assistant Secretary D. E. Branch, Jr. Vice President b Manager -.Orange County Construction Division Robert E. Holland Vice President - Equipment Division R. W. Keith Vice President - Blue Diamond Materials Division D. J. Unmacht Vice President - Blue Diamond Materials Division W. D. McCullough Controller James 0. Pittman Assistant Secretary 6 Manager - Northern Construction Division D. E. Bosworth Assistant_ Secretary Raul Duran Assistant Secretary Dale 0. Durham, Jr. Assistant Secretary Frank E. Holland Assistant Secretary R. R. Munro Assistant Secretary J. C. Wilson Assistant Secretary James F. Winders Executed at Long Beach, California this 11th day of April 1983. SEAL: R. K. MacGREGOR RKM:dt OENERAL ENOINEERINO CONTRACTOR • SINCE 1023 ASINALT i ROCK ►ROOwCTS MANwFACTuRER CALLSTATE LIC � 1539 0 GRAVEL ALTERNATE "A" • SCHEDULE OF WORK ITEMS APPROX. WORK ITEM WITH UNIT PRICE UNIT PRICE UANTITY (WRITTEN IN WORDS) (IN FIGURES 1. L.S. Perimeter site grading adjacent to E1 Camino Real & E1 Horno St. for the lIump sum prIice of SIKil+OJSAti ToUa )Lr',li.E,, dollars. 2. 20 L.F. Curb return, type B1 at the $ — 00 intersection of Acjachema Street and E1 Camino Real for the unit price of TEw , dollars per lineal foot. 3. 215 L.F. Curb and gutter type D the ob $ _ gor unit price of A10 ovF A6 N"zoo dollars per lineal foot. 4. L.S. Cross gutter, gutter transition, curb, spandrels, curb returns, curbs type B1 at E1 Horno Street Entry for the lump sym price of �F r�/y rJS A n. d dollars. 5. 13 Ton 3" thick A.C. at the E1 Horno $ (Z O o0 Street Entry and at the location of the existing traffic island for �jhe lump sum price ofNE O_ 9JAaIA�,MIQ6 X, [ �'Z' _ dollars per ton. 6. 26 Ton 6" thick A.B. at the E1 Horno $ go m Street Entry and at the location of the existing traffic island for the unit price of ^r dollars per ton. S� 7. 700 Ton 4" thick gravel over the re- $ /q graded area of the parking lot for the u it price of Fa unreEnJ k^' SOIDO dollars per ton. 8. 27 L.F. Furnish and install 2" x 4" iS redwood headers for the unit rice of�' z� p �v A o� — dollars per lineal foot. GRAVEL ALTERNATE TOTAL -6a- TOTAL AMOUNT $ 6`100 00 $ ZOU- 00 $ 1935 — $ 3000 0 $ 1560 0 - $ /0YO 00 — $ /o / So 7S $ ZgiV S H ASPHALT CONCRETE ALTERNATE: SCHEDULE OF WORK ITEMS ITEM APPROX. WORK ITEM WITH UNIT PRICE NO: OUANTITY (WRITTEN IN WORDS) 1A L.S. Perimeter site grading adjacent to E1 Camino Real & E1 Horno Street for the lump sum pricu'T e of SiNovt,4«4 ,FoU#X, J6utv4ILC_e Aka 6"/,0 V dollars. 2A 20 L.F. Curb return, type B1 at the inter- section of Acjachema.Street and E1 Camino Real for the unit price of TEw An.� "/ ° v dollars per lineal foot. 3A 215 L.F. Curb and gutter type D for the unit price of Niue. dn,d ~�°o dollars per lineal foot. 4A L.S. Cross gutter, gutter transition, curb, spandrels, curb returns, curbs type B1 at El Horno Street entry for lump sum price of T'Natg TN*USANc✓ Ae+d uo dollars. 5A 13 Ton 3" thick A.C. at the E1 Horno Street entry and at the location of the existing traffic i!3S/land for the unit price of omo No,ve A cd 77✓En�r� A4 mddl dollars per ton. 6A 26 Ton 6" thick A.B. at the E1 Horno Street entry and at the location of the existing traffic island for the unit price of TI�O -r7 AmW �oo dollars per toh. 7A 350 Ton 2" thick A.C. over the pre -graded area of the parking lot� for the unit price of L,,, A d oo follars per ton. 8A 27 L.F. Furnish and install 2" x 4" redwood headers for the unit price of T ♦ A sid `%e dollars per lineal foot. UNIT PRICE TOTAL IN FIGURES) AMOUNT po $ 00— $ I0 $ Zoo �? $ 9'° $ I9T5 o_ $ 3o0o= $ I z 0 to.$ I566 0 1.7 $ Ids $ 1040 $ 40 $ I4i000-• st ASPHALT CONCRETE ALTERNATE TOTAL M -M is $ 6o- '75 $ zrs r9s - 0 P NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) County of O R4rj ry 6 ) ss. go 6 e a- T E. 14o LL Ath1(2 —1 being first duly sworn deposes and says that he is U; ce Pre S; dej-r of Is // . wl the party m king 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 any- one 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 bid- der, 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 inter- ested 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 there- with, 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. 0 9 ON gj)a& &Wj�+ I Z / 9 8 3 before me, the undersigned, a Notary Public in and for said State, personally appeared f-abe le T 14oLLAAld to be the person whose name subscribed to the within Instrument, and acknowledged to me that he executed the same. . - IFFICIALSEAL : James � Winders NOTARY +O UL CALIFORNIA WITNESS my hand and official seal. 'AIN"°" IFFICEIN '' IRANt,f : 0UNTY MY Comma�,w: Fsu��e; Mav 29, 1987 Notary Public in and for said State. M- 9 0 DESIGNATION OF SUB -CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the fol- lowing 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. ITE�1M OF WORK SUB -CONTRACTOR ADDRESS QPHHONE NO. 1. CO NC{LET6 �ONfJ Vf LO 1S �1 Q�JCE I�C-ZZZZ 2. 3. 4. 5. 6. 7. 8. SULLY -MILLER CONTRACTING COMPANY BIDDER'S NAME AUTHORIZED SIGNATURE ROBERT E. HOLLAND. VrCE PR9S, c STATE OF CALIFORNIA SEAL ] ss.: RMN OHNSONCOUNTYOF LOS ANGELES CALIFORNIA COUNTYOct. 2a, 1986 On this 23rd day January,19 84 before me, the undersigned Notary Public, in and for the State, appeared Ronald Davis------------------ personally a person known tome ( � 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 23rd day of January, A.D. 19 84. My Commission Expires October 24, 1986 FORM 116 12/82 (I STATE OF CALIFORNIA ss. COUNTY OF Los Angeles OFFIOIAL S7247]1186 BEVERLY J. JO NOTARY PUBLIC - C L09 ANGELES C [19 My Comm. Erpi. Oa ACNNOWLEDGMENT—CorpotallorWolco115 Fmm 222CA X—Rev. 582 ©1982 WOLCOTTS, INC. Notary Public. On this 23rd day of January -in the year 19 S4 , before me, the undersigned,,a Notary Public in and for said State, personally appeared FRANK E. HOLLAND, ASST. SECRETARY -------------------- personally known to me ( to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. UX� Notary Public in and for said tate. Faithf.l Performance Bond ("'' (. _ I SLADOAIiD SURETY CONIP.XNY HOME OFFICE, NEW YORK CITY, N.Y. CONTRACT BOND (Faithfu'l Performance) BOND NO. 97600084-008 Premium: $30.00 KNOW ALL MEN 13Y THFISE PRESENTS: That we, SULLY—MILLER CONTRACTING COMPANY as principal, and the SEABOARD SURETY COMPANY, a corporation duly organized and doing business under and by virtue of the laws of the Slate of New York, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the said State, as Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO (hereinafter called the Obligee), in the sum of TWENTY—FOUR THOUSAND THREE HUNDRED FOURTY—SIX AND NO CENTS ---------------- ARs ($24,346.00 -----)— for the payment whereof well and truly to be made we and each of usbind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal has entered into a contract dated January 23, 19 84 with the said CITY OF SAN JUAN CAPISTRANO to do and perform the following work to -wit: SAN JUAN CAPISTRANO LIBRARY—GREAT STONE CHURCH PARKING LOT. a copy of which contract is or may be attached hereto, and is hereby referred to and made a part hereof. NOW, THEREFORE, if the above bounuen principal shall well and truly perform the work contracted to be performed under said contract, then this obligation to be null and void; otherwise to remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the said Obligee. SIGNED AND SEALED this 23rd FORM 402 day of January, A. D., 19 84 SULLLLY—MILLER CONTRACTING COMPANY B!4.J_dyloy� IZ7 - FRANK E. HOLLAND, AST. SECRETARY SEABOARD SURETY COMPANY RONALD DAVIS, Attorney -in -Fact. L. U M. BOND Public Work—California Government Coda BOND NO. Premium: SEABOARD SURETY COMPANY HOME OFFICE, NEW YORK CITY, N.Y. LABOR AND MATERIALS (Public Work — California) KNOW ALL MEN BY THESE PRESENTS: That we, SULLY—MILLER CONTRACTING COMPANY 97600084-008 Included in Faithful Performance Bond as Principal, and the SEABOARD SURETY COMPANY, a corporation duly organized and doing business under and by virtue of thelawsof the State of New York, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or un- dertakings required or authorized by the laws of the said State, as Surety, are held and firmly bound unto any and all material - men, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and Whose c-laim has not been paid by the contractor, company or corporation, in the just and full sum of TWENTY—FOUR THOUSAND THREE HUNDRED FOURTY—SIX AND NO CENTS ---------------------DOLLARS ($24,346.00------), for the paymentwhereof well and truly to be made, said PRINCIPAL, a„A SURETY bind themselves, their heirs, administra- tors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT, WHEREAS, the above bounden PRINCIPAL has entered into a contract, dated January 23, 19 84 , with CITY OF SAN JUAN CAPISTRANO to do and perform the following work, to wit: SAN JUAN CAPISTRANO LIBRARY—GREAT STONE CHURCH PARKING LOT. NOW, THEREFORE, if said Principal, his or its heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor 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 Chapter 7, Title 15, Part 4. Division 3 of the Civil Code, and provided that the claimant shall have complied with the provisions of said code, the surety or sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond the said surety or sureties will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. SIGNED AND SEALED FORM 401 5/74 23rd day of January _ A.D., 19_84 . SULLY—MILLERCONTRACTING C DR BY:�i�,1�D.. �, n --- FRANK E. HOLLAND, ASST. SECRETARY SEABOARD SURETY COMPANY ByRONALDS, Attorney -in -Fact STATE OF CALIFORNIA ] O,:FICIAL SEAL BEVERLY J. JOHNSON NOTAFY PUeLoc - CALIFORNIA Xg� COUNTY OF LOS ANGELES ] My comANGELES rEGv ci COUNT', 1916 On this 23rd day January,T 1984 , before me, the undersigned NotaryPublic, in and for the State, appeared Rona Davi.s----------------- a person known to me personally 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 23rd day of January, A.D. 1984. My Commission Expires October 24, 1986 Notary Public. FORM 11612/82 STATE �O OF ss. COUNT Los Angeles On this 23rd day of January , in the year 19$4 before me, the undersigned, a Notary Public in and for said State, personally appeared FRANK E. HOLLAND, ASST. SECRETARY ---------------------- ----------- -------------------------- r, -personally known to me to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that MOFFICIAL SEAL the Corporation executed it. BEVERLY J. JOHNSON NOTARY PUBLIC - CALIFORNIA M, LOS ANGELES COUNTY WITNESS my hand and official seal. ACKNOWLEDGMENT-Corpmalfoo—Woromis Form 222CA-x—Rev. 5-82 Notary Publn and or said State. ,z)1982 WOLOOTTS. INC. -r> OARD �LRETY L.OAiF T No. 9866 NEW YORK, NEW YORK 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 Ronald Davis of Long Beach, California its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under- takings and other instruments of similar nature as follows: Limited to the amount of $2, 500, 000 for bonds executed on behalf of Sullv-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 -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-inFact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Com- pany on December 8th. 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION 1: "Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of 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 Chair- man 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 signedby one o�fritdr Vice - Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ........................ dayof...........S.une .............................. 19..$3... Attest: (Seal) ........ Anita..J......Leonard...................... Assistant Secretary STATE OF NEW YORK COUNTY OF NEW YORK ss.: SEABOARD SURETY COMPANY, By R. T.Gundersen .......................... _................................. ............................... Vice -President On this ........3.r.d................ day of .................. Jun.e............................................................... 19...83..... before me personally appeared ... ,.... R.. .... T..�.....Qvn e.rs.en........................................................ a Vice -President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being be me duly sworn, said that he resides in the State of ..... N.PKA9k,Zk_........... that he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the fore- going instrument; that he knows the corporate seal of the said Companv,; 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. State of New York No. OlQU8468870 nualified in Richmond County Certificate filed in New York County (Seal) Commission Expires March 30, 1984P4ar�aret M. Quinlan .......................................... 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 and 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 -Laths of SEABOARD SURETY COMPANY. _ This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Board of Directors of SEA- BOARD SURETY COMPANY at a meeting duly called and held on the 28th day of June 1978. 'RESOLVED: (2) That the use of a printed facsimile of the corporate seal of 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 or a Vice -President pursuant to Article VII, Section 1, of the By -Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the company surety bonds- underwriting undertakings or other instruments described in said Article VII, 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 ..23rd .............. day of ................................January 9E 1( Secretary 5] (Rev, 4-E2 ID O PEM I N G — Decembii 12, 1933 Library/Church Parking Lot (PROJECT TITLE) BIDDER AMOUNTBID BONE A. J. CASTANLA IFFITH COMPANY MC REW CONSTRUCTION ROLAND SEN SULLY MILLER cc: City Clerk's Staff (3) Public Works (3) City Manager (1) NOTICE INVITING BID Public notice is hereby given that the City of San Juan Capistrano will up to 2:OQ p.m. on the 12th day of Decenber , 1983, receive sealed proposals or bids for the San Juan Capistrano Librarv/ Great Stone Church Parking Lot , in accordance with the approved plans and specifications 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 specifications. 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 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 5th day of December, 1983, at the City offices. The con- tractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate 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. - 1 - L 0 The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Perfor- mance Bond equal in the amount of one -hundred percent (100%) of the contract price. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of Forty -Five (45) days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED.THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of Plans and Specifications one 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 speci- fications 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 recuired for obtaining each set of plans and specifications. There will be a $5 charae 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. -2- 0 0 This `Totice is hereby given and published by order of the City Council of the Citv of San Juan- Capistrano, and is dated this ,' day of D /i�}f �v'�c�' /%j-3 CITY C K CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- PROOF OF PUBLICATION (2015.5 C.C.P. ) STATE OF CALIFORNIA County of Orange City of San Clemente I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the San Clemente Sun/Post, a newspaper of general circulation printed and published daily in the City of San Clemente, County of Orange, and which newspaper has been ad- judged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11, 1960, Case Number A9140; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: Nov. 22 and 29 all in the year 19.3. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 29t4dayof November 119 83 . SAN CLEMENTE PUBLISHING CORP. 1542 North F1 Camino Real — P.O. Box 367 San Clemente, Calif. 92672 — Phone (714) 492-5121 This s& for the County Clerk's Filing Stamp RECEIVED MEc 1 11 u8 ^-M '83 CTt CITi n"a JUAN Proof of Publication of Notice Inviting Bids NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: DAILY SUN -POST Donna Harrison, Legal FOR PUBLICATION ON: DOCUMENT(S) TO BE PUBLISHED: TUESDAY, NOVEMBER 22, 1983 AND TUESDAY, NOVEMBER 29, 1983 NOTICE INVITING BIDS - SAN JUAN CAPISTRANO LIBRARY/ GREAT STONE CHURCH PARKING LOT PROOF OF PUBLICATION: Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: DATE: November 16, 1983 Date of Bid Opening Date(s) notice published Date affidavit received Date notice posted in designated posting places (3) - 12/12/83 - 11/22/83 & 11/29/83 - 11/22/83 Date notice(s) posted on property - n/a Date of mailing notices to property owners - n/a 0 0 NOTICE INVITING BIDS SAN JUAN CAPISTRANO LIBRARY/GREAT STONE CHURCH PARKING LOT Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the San Juan Capistrano Library/Great Stone Church Parking Lot until 2:00 P.M. on the 12th day of December, 1983. A pre-bid conference is scheduled at 10:00 A.M. on the 5th day of December, 1983, 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 a non-refundable charge of $10.00, plus a charge of $5.00 for each set of Plans and Specifications mailed. Dated: November 16, 1983 CITY C L t CITY O SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA 0 a 4. REJECTION OF BIDS - LIBRARY/CHURCH PARKING LOT (C63) (63) Written Communications: Report dated November 1, 1983, from the Director of Public Works, forwarding results of bids received for the Library/Church Parking Lot, including alternate surfaces of gravel and asphalt concrete, and recommending rejection of all bids. The Director of Public Works advised that the bids received were well above the Engineer's Estimate and that staff had proposed that the level of construction be reduced. Rejection of Bids: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to reject all bids for the Library/Church Parking Lot and to authorize staff to readvertise the project at a reduced level of construction. AGENDA ITEMS • Nov *er 1, 1983 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Rejection of Bids - Library/Church Parking Lot SITUATION: Bids have been received for the above parking lot project between E1 Horno and Acjachema Streets. Two alternate surfaces have been bid; gravel and asphalt concrete. The parking lot surface is to be temporary and will be reconstructed to normal City standards including landscaping and lighting as part of the requirements of the Great Stone Church. Bids received are as follows: 1) Gravel Alternate Griffith Company $40,133.50 Sully Miller $60,425.00 2) Asphalt Concrete Alternate Griffith Company $40,963.00 Sully Miller $60,016.00 Staff is recommending rejection of all bids and authorization to readvertise for bids at the reduced level of construction. COMMISSION/BOARD REVIEW, RECOMMENDATION: The project has been reviewed and approved by the Cultural Heritage and Planning Commissions and the Environmental Review Board. FINANCIAL CONSIDERATIONS: $32,000 was budgeted in Account #06-4715-505 of the 1983-84 Budget, of which approximately $28,000 remains. ALTERNATE ACTIONS: 1. Reject all bids and authorize Staff to readvertise for bids at a lower level of construction. 2. Award the Contract. RECOMMENDATION: By motion, reject all bids for the Library/Church Parking Lot. Authorize Staff to readvertise for bids at a reduced level of construction. Respectfully submitted, W. cur W W. D. Mur WDM/BP: of �7OR +Ci 9 y "i BID OPE41ING - Ut A�; MU _ 2:00 P.M. r- ; �v-4- (PROJECT TITLE) BIDDER AMOUNT BID BONI 3 S 6 O cc: City Clerk's Staff (3) Public Works (3) 1 BIDS, CONTRACTS, AGREEMENTS 1. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS - LIBRARY/CHURCH PARKING LOT (C63) (63) Written Communications: Report dated September 6, 1983, from the Director of Public Works, requesting approval of plans and specifications for construction of a gravel surface parking lot between El Horno Street and Acjachema Street. The report advises that the parking lot surface is temporary and will be reconstructed to normal City standards as part of the requirements of the Great Stone Church. The project is funded in the 1983-84 Capital Projects Budget. Approval of Plans/Receipt of Bids: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the plans and specifications for the San Juan Capistrano Library/Great Stone Church Parking Lot and to authorize the receipt of bids. Qj (el g3 0 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Orange City of San Clemente I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the San Clemente Sun/Post, a newspaper of general circulation printed and published daily in the City of San Clemente, County of Orange, and which newspaper has been ad- judged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11, 1960, Case Number A9140; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: Oct. 4 and 11 all in the year 19 8 3 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this llthdayof Oct. 1983 Suture SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real — P.O. Box 397 San Clemente, Calif. 92672 — Phone (714) 492-5121 ibis 0 for the Canty Clerk's Filing Stamp RECEIVED O -T 12 2 42 N.'83 C�Tl AN JUAN CAVISIRA40 Proof of Publication of Notice Inviting Bids NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: DAILY SUN -POST Donna Harrison, Legal FOR PUBLICATION ON: DOCUMENT(S) TO BE PUBLISHED: TUESDAY, OCTOBER 4, 1983 AND TUESDAY, OCTOBER 11, 1983 NOTICE INVITING BIDS - SAN JUAN CAPISTRANO LIBRARY/ GREAT STONE CHURCH PARKING LOT PROOF OF PUBLICATION: Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: d�Z DATE: September 27, 1983 Date of Bid Opening Date(s) notice published Date affidavit received Date notice posted in designated posting places (3) Date notice(s) posted on property Date of mailing notices to property owners - 10/25/83 - 10/4/83 & 10/11/83 - 10/4/83 - n/a - n/a NOTICE INVITING BIDS SAN JUAN CAPISTRANO LIBRARY/GREAT STONE CHURCH PARKING LOT Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the San Juan Capistrano Library/Great Stone Church Parking Lot until 2:00 P.M. on the 25th day of October, 1983. A pre-bid conference is scheduled at 10:00 A.M. on the 17th day of October, 1983, 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 a non-refundable charge of $10.00, plus a charge of $5.00 for each set of Plans and Specifications mailed. Dated: September 27, 1983 CITY CLF CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will up to 2:00 p.m. on the 5th day of October , 1983, receive sealed proposals or bids for the San Juan Canistrano Librarv/ Great Stone Church Parking Lot , in accordance with the approved plans and specifications 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 specifications. 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 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 28th day ofseptenber, 1983, at the City offices. The con- tractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate 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. 0 0 The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Perfor- mance Bond equal in the amount of one -hundred percent (100%) of the contract price. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of Forty -Five (45) days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of Plans and Specifications one 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 speci- fications 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 recuired for obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor's License number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. -2- r] E This "?otice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this � day of � /��_ CITY CLE$/ CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- AGENDA ITEM 0 0 September 6, 1983 T0: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Plans and Specifications and Authorization to Call for Bids - San Juan Capistrano Library/Great Stone Church Parking Lot SITUATION: Staff is requesting approval of the plans and specifications and authorization to receive bids for the construction of a gravel surface parking lot between El Horno Street and Acjachema Street. The parking lot surface is temporary and will be reconstructed to normal City standards including landscaping and lighting as part of the requirements of the Great Stone Church. COMMISSION/BOARD REVIEW RECOMMENDATION: The project has been reviewed and approved by the Cultural Heritage and Planning Commissions and the Environmental Review Board. FINANCIAL CONSIDERATIONS: The project is funded in the 1983-84 Capital Projects Budget. ALTERNATE ACTIONS: 1. Approve the project. 2. Do not approve the project. 3. Request further information from Staff. ION: By motion, approve the plans and specifications for the San Juan Capistrano Library/Great Stone Church Parking Lot and authorize the receipt of bids. Respectfully submitted, W,D. Murph WDM/BP:ol W. attachment Gi ,CJ' HA.I tOlrltl) .C°sUltlsTV COINIIi1-NX HOME' OFFICE', NEIV YORK CITY, N.Y. FAITHFUL PERFORMANCE BOND (California — Private {Bork) KNOW ALL MEN BY THESE PRESENTS, That we, r , of SULLY—MILLER CONTRACTING COMPANY BOND 140. 97600084-016 z as Principal , and the SEABOARD SURETY C011PANY, a New York corporation, having its principal office and place of busi- ness at City of New York, New York., as Surety, are held and firmly bound unto THE CITY OF SAN JUAN CAPISTRANO inthesumof Twenty—Five Thousand Dollars and No Cents-----($25,000.00)------------Dollars, for which payment, well rind truly to be made, we bind ourselves, our heirs, executors, administrators, successors and as- signs, jointly and severally, firmly by these presents. Sealed with our seals and dated this 22nd day of February ,I9 84• WHEREAS, the above bounden Principal has entered into a contract with the Womens Club of San Juan Capistrano for _Remove and replace Parking Lot Drive Area. as is fully and at large set forth and described in the said contract aforesaid. NOW, THEREFORE, the condition of the above obligation is such, that if the above bounden Principal XX shall well and truly and in good, sufficient and workmanlike manner, perform or cause to be performed the said contract, and each and every of the covenants, promises, agreements and provisions therein stipulated, and in each and every respect comply with the conditions therein contained, then this obligation to be void; otherwise to remain in full force and virtue. No claim, suit or action by reason of any default shall be brought against the Principal or Surety atter two years from date hereof. If this limitation is made void by any law controlling the construction hereof, such limitation shall be deemed to be amended to equal the minimum period of limitation permitted by such Law. The Principal shall be made a party to any such suit or action, and be served with process commencing the same if the Principal can with reasonable diligence be found. No judgment shall be rendered against the Surety in excess of the penally of this instrument. SUIrLY—MILLER CONTRACTING COMPANY J 0. PITTMAN, CONTROLLER SEABOARllURETY COMPANY By RONKED DAVIS Allovrey-in-Fact li ronM 404 Y _, STATE OF CALIFORNIA ss. COUNTY OF Los Angeles On this 22nd day of February , in the year 19 84, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES 0. PITTMAN, CONTROLLER------------------------ ---------------------------------------personally known to me ) to be the person who executed the OFFICIAL SEAL within instrument on behalf of the Corporation therein named, and acknowledged to me that BEVERLY J, JOHNSON the Corporation executed it. NOTARY PUBLIC . CALKORNO\ LOB ANGELES COUNTY My comm. E.PIr., a.. a.. 1986 WITNESS my hand and official seal. II—Notary Public in and for said State. ACNNOWLEDGM ENT— Corporation—WolcoVs Form 222CA X—Rev. 5-82 ©1982 WOLCOTTS. INC. OFFICIAL ffi STATE OF CALIFORNIA ] BEVERLY J. J ] ss.: NOTARY PUBLIC - LOS ANGELES KYP.XIBd11R COUNTY OF LOS ANGELES ] My Comm. E.yln, C On this 22nd day—February, 19 84, before me, the undersigned Notary Public, in and for the State, personally appeared RONALD DAVIS------------------a person known tome 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 22nd My Commission Expires October 24, 1986 I FORM 11612/82 day of February, A.D. 19 84. .. crIfedKv7py SEOARD SURETY Co -*fl? ' No. 9866 NEW YORK, NEW YoRK .k. 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 Ronald Davis of Long Reach, California Its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under- takings and other instruments of similar nature as follows.: Limited to the amount of $2,500, 000 for bonds executed on behalf of 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 lttorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers if the Company and sealed with its corporate seal; and all the acts of said Attorney-inFact, pursuant to the authority hereby -liven, are hereby ratified and confirmed. -his appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Com- anc on December 8th. 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: %RTICLE VII, SECTION 1: "Policies, bonds, recognisances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and ther writings relating in any way theretd 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, resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chair - .an 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 rom time to time determine. The seal of the Company shall if appropri2:e be affixed thereto by any such officer, Attorney -in -Fact or representative." `N WITNESS WHEREOF, SEABOAD SURETY COMPANY has caused these presents to be signed by one (5rit� Vice- -'residents, and its corporate seal to be her, -,unto affixed and duly attested by one of its Assistant Secretaries, this ........................ 'ay of...........S.Une ............................... 19..8.3... ttest: SEABOARD SURETY COMPANY, i B Seal) ........Anita.. .....Leonard R.., T. Gundersen ............................. ........_................................................................ Assistant Secretary Vice -President i ATE OF NEW YORK OUNTY OF NENV YORK � ss.: in this ........3.r'.d................ day of ........... ....... J}1me............................................................... 19...8.%...., before me personally appeared ................... R ...... T.....S.Qnderaen........................................................ a Vice -President of SEABOARD SURETY COMPANY, 7th whom I am personally acquainted, who, beim; by me duly sworn, said that he resides in the State of ..... N,gw,,..'Qr.k............ 'tat he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and .which executed the fore - instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate =al; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice - .resident of said Company by like authority. State of New York No. O1nU8468870 nualified in Richmond County Certificate filed in New Yorl: County Seal) Ccmmission Expires March 30, 1984 Margaret M. Quinlan ....................................................... 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 �Iie foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify- that the Vice President .ho 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 �.riicle CII, Section 1, of the By -Laws of SEABOARD SURETY COMPANY. This Certificate mac be signed and sealed by facsimile under and by authority of the following resolution of the Board of Directors of SEA- ;OARD SURETY COMPANY at a meeting duly called and held on the 28th day of June 1978. "RESOLVED: (2) That the use of a printed facsimile of the corporate seal of 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 or a Vice -President pursuant to Article VII, Section ], of the By -Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the company surety bonds, underwriting undertakings or other instruments described in said Article VII, 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 22nd February 84 / _.................................. day of ........................................................, 19........... 1527) a .............. Secretary (Rev., -6Y WMAK IL 9MENWOR iEke SAN J P!STRrO, CALL)r(JRNIA 92675 April 16, 1984 Sully Miller Contracting Company P. O. Box 432 Orange, California 92669 Re: Completion of Library/Church Parking Lot Gentlemen: Enclosed is a copy of Resolution No. 84-4-3-4, was adopted by the City Council at their meeting of April 1984. The Resolution accepts the work completed for the construction of the San Juan Capistrano Library and Great Church Parking Lot in the amount of $23,279.25. r t - which 3, Stone The Council directed that the balance due in the amount of $20,951.32 be payable immediately. The 10% retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on April 10, 1984; therefore, the final payment in the amount $2,327.93 may be released on May 15, 1984. Thank you for your cooperation. Very truly yours, MARY ANN OVER, CMC City Clerk MAH/mac Enclosure cc: Director of Public Works Director of Administrative Services Accounts Payable SAN J ..."! ;t.' U�i,�'CP. PtSTRApiO, CA},Lk'f%j�}d ljl 92675 ---? A-� REC'IVED APR 13 ! i ,1 mi X84 March 6, 1984 Recorder's Office County of Orange P.O. Box Santa Ana,, CaliforniaC92702 � nJ Re: Notice of Completion - Library/Church Parking ([/ Gentlemen-, The following document(s) is enclosed for recordation: Notice of Completion - Construction of the San Juan Capistrano Library and Great Stone Church Parking Lot When placed of record, please return said document(s) to this office. Enclosed also is a duplicate copy of this letter. Please stamp Book and Page Numbers and date of recording on the letter and return it to this office in the enclosed stamped, self-addressed envelope at your earliest convenience. MAH/ cdc Enclosures Thank you for your cooperation. DOi,UMIE: vT IVU. RECORDED. Very truly yours, Mary Ann`Hanover, CMC City Clerk 64-148564 DOCUMENT NUMBER BOOK NUMBER PAGE NUMBER DATE APR 10 1984 400 P1�' EO'ADa AIYT� SAN JIYpCC:APiSTRAWO, iCAtAk'O�IA 92675 SAN JL;.._ _ . s " 1 ,NVNIi 49,3t17.1" 7 January 18, 1984 Sully Miller Contracting Company P. O. Box 432 Orange, California 92667 Re: Award of Contract - Gentlemen: At their meeting of January 17, 1984, the City Council awarded the contract for San Juan Capistrano Library/Great Stone Church Parking Lot to your company at $24,345.75. Enclosed are two copies of the contract. Please sign and date both contracts and return the "City Copy" to this office along with all required bonds and insurance. The contract documents are to be executed by your company within 15 days of this notice. I am enclosing Pages 14, 23 and 24 of the bid documents which cite the City's requirements for bond and insurance amounts. These requirements must be met as stated before the contract is effective. If I can be of any help to you, please do not hesitate to call. Thank you for your cooperation. Very truly yours, MARY ANN ANOVER, CMC City Clerk MAH/mac Enclosures cc: Director of Public Works r D f„ y (y9 �1 a _ z H ro r ., H - b b n � yy i r c =1 ttilll (� n Y � y � � yt�jV• z �/'1 1 d C tr C H c 6 �cc o q H n � 1, OO9o9d9� � cl\� � C z H ro z n r H ro v r c PROJECT TITLE PROJECT ENGINE PRE BID DATE -Ii je-c T MND ?LANS AND SPECIFICATIONS BID OPENING DATE ENGINEER'S ESTIMATE PURCHASE COST MAIL COST 113"010 N PO. 130Y 3- /yo 0 c Q2kve. C (/ 17'400 P"CO ,�%O-AS SAN JIAAft CAP1STRAPf0, GAI.4FC/6ih[A 92675 "RHOYNd:493.1 1 MEMORANDUM TO: Interested Parties FROM: Mary Ann Hanover, City Clerk DATE: November 3, 1983 SUBJECT: Rejection of Bids - Library/Church Parking Lot At their meeting of November 1, 1983, the City Council rejected all bids received for the Library/Church Parking Lot. In conjunction with the rejection of bids, staff was authorized to readvertise for bids at a reduced level of construction. If you have any questions, please don't hesitate to call. Very �t'r%ully' yours, MARY ANN 9ANOVER MAH/mac cc: Griffith Company Sully -Miller D. W. Contracting Company, Inc. Director of Public Works a m Z m I CD -J C'IL �1-1:- _ . .. ro T 79 ry m I uC G_ n �� �_ INV c� c �c n — �< o {�°n � ,�� G)v o Nvo»-001 � �� I (� i z�rR ,Z u� �� n �c'—m N d N m� ➢_z� �_ro Ly Z o Z f m n Z V) 71 ji D Z r i r , 1,)1(- N-.'1 LA Z in . Z Z U' :Tl T lP 0 � N O -O � = O _ � l� � � � V' a1 L yC n� . 0 0 0LLO p pLo 0 O m Q O N 9 Up ��'r N Q 9 � 8�o � o o p o aaoo°z(Z U' j J 9- N — D O E O $ 1 N Q 0� Q JI <) o � tri m O O Q H r l Z a°o0°00800°000x° °o c� H a M n Y r a m Z m I i ii A y Qt A➢ D A N p n c n c n n n - y <_ ➢< Z -i U P 00 P N o -i .� o , ZDnn o LJ zR n ry n Z Z x Tl ,C _ al Z G r s' ;o r ^' A LA r V r 11 y v+ . ✓ T1 U y �ggogoo�o�go� SJRN -kfl �T v� oO 1 Q O O J a o� JO S 4 r p 0 0 N O L' O N s13o n$ p $ g$ � a o o� � � o° �➢i aBoaNON°ov,odg 0 �f- M H ro x n Y r PROJECT TITLE PROJECT ENGIN PRE BID DATE PLANS AND SPECIFICATIONS a a BID OPENING DATE DG-�01D C- gab lgg3 ENGINEER'S ESTIMATE PURCHASE COST MAIL COST n• 00 _ NAME ADDRESS PHONE N0. irac �NCDINkrr, Qo x(32 �3�i-lyva CA 1% �o -�o I aoao gale Sp. SSC) -91 ARDSRQPFI; X30 S. R�4,w 91a—OG�]!�____ �. v -0-7q � f ;jaw >ff-aw �a�or ntlznd 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 493.1171 September 7, 1983 Leon J. Meyer Director of Finance & Administration Diocese of Orange Marywood Center 2811 East Villa Real Drive Orange, California 92677 Re: Great Stone Church Parking Lot Dear Mr. Meyer: At their meeting of September 6, 1983, the City Council took action to approve the plans and specifications for construction of a gravel surface parking lot between E1 Horno Street and Acjachema Street, noting that the surface is temporary and will be reconstructed to normal City standards as part of the requirements of the Great Stone Church. If you have any questions, please do not hesitate to call. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH/cj cc: Director of Public Works I AND ADDRE55 ov Johnson & Higgins of PA, f 2600 One PPG Place Pittsburgh, PA 15222 z Attn: Wayne Smith.f Subsidiary 412/391-5350 ,DfG COMPANY SULLY -14'1 v� 3000Z_ JWWWK�rfiIs, exclusions and conditions of such COMPLETTANYTYPE OF INSURANCE GENERAL LIAINLITY AXO COMPREHENSIVE FORM ® PREMISES --OPERATIONS ® EXPLOSION AND COLLAPSE HAZARD ® UNDERGROUND HAZARD ® PRODUCTS/COMPLETED OPERATIONS HAZARD © CONTRACTUAL INSURANCE ® BROAD FORM PROPERTY DAMAGE ® INDEPENDENT CONTRACTOI ® PERSONAL INJURY A ® COMPREHENSIVE FORM in Thousan ® POLICY EXPIRATION DATE $ EACH OWNED (EACH PERSON) ® OCCURRENCE 01/01/85 BODILY INJURY HIRED $ ® NDN -OWNED UMBRELLA FORM OTHER THAN UMBRELLA FORM and EMPLOYERS' LIABILITY this certificate may POLICY NUMBER TRSLG18OT4523-84 TRCAP18OT4547-84 OMPArtES AFFORDING COVERAGES ianEeY A The Travelers Indemnity Company COMPANY LETTER — COMPAM LETTER _ COMPAN' D LETTER COMPANY LETTER TN:d above and are in force at this time. Noiwthstanding any requirement, term ar condition or may pertain, the insurance afforded by the policies described herein is sunject to as the SELF INSURED BY STATE OF CERT. NO. 1130 -CONTINUOUS IPTION OF OPERATIONSILOCATIONSNEHICLES Licable as respects to contract for San Juan Capistrano Library/Great Stone Church Tk p.e�A king Lot. I'IA 1 AGr'^' Cancellation: Should any of the above desfbbed policies be cancelled before the expiration date thereof, the issuing com- pany will 6038noM mail __ days written notice to the below named certificate holder, UX.B NAME AND ADDRESS OF CERTIFICATE HOLDER. City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 DATE PERSONAL INJURY Limits of Liabili! in Thousan s ) POLICY EXPIRATION DATE $ EACH AGGREGATE (EACH PERSON) OCCURRENCE 01/01/85 BODILY INJURY BODUYINJURY $ b 01/01/85 PROPERTY DAMAGE PROPERJY DAMAGE S E BODILY INJURY AND BODILY INJURY AND PROP( DAMAGE PROPER FY DAMAGE $1,000, $1,000, COMBINED COMBINED IPTION OF OPERATIONSILOCATIONSNEHICLES Licable as respects to contract for San Juan Capistrano Library/Great Stone Church Tk p.e�A king Lot. I'IA 1 AGr'^' Cancellation: Should any of the above desfbbed policies be cancelled before the expiration date thereof, the issuing com- pany will 6038noM mail __ days written notice to the below named certificate holder, UX.B NAME AND ADDRESS OF CERTIFICATE HOLDER. City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 DATE PERSONAL INJURY 11 000, BODILY INJURY $ (EACH PERSON) 01/01/85 BODILY INJURY b (EACH ACCIDENT) PROPERTY DAMAGE b BODILY INJURY AND PROP( DAMAGE $� yRTY 11,000, COMBINED BODILY INJURY AND PROPERTY DAMAGE S b COMBINED LIFORNIA srnruronY OVERAGE. $ IPTION OF OPERATIONSILOCATIONSNEHICLES Licable as respects to contract for San Juan Capistrano Library/Great Stone Church Tk p.e�A king Lot. I'IA 1 AGr'^' Cancellation: Should any of the above desfbbed policies be cancelled before the expiration date thereof, the issuing com- pany will 6038noM mail __ days written notice to the below named certificate holder, UX.B NAME AND ADDRESS OF CERTIFICATE HOLDER. City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 DATE 3o�lrison & ttiiggins of PA, Inc. 2600 One PPG Place Pittsburgh, PA 15222 Attn: Wayne Smith 412/391-5350 WE AND WD SS Or INSURED pers'bompany, Inc. & its Subsidiary SULLY -MILLER CONTRACTING COMPANY 3000 East South Street Long Beach, CA 90805 213/531-3550 This is to Ct rbty mat policies of Insurance listen Xtow have beer Issued to me Inst "t any contract or aher document with respec to which this certificate may be terms, excl isions ar d conditions of such policl m. OMPANY TYFE OF INSURANCE P')LICY NUMBER -, IER GENUTAL LIABILITY A [X] COMPPEHENSIVE FORM CXI PREM I!, ES—OPERATIONS K EXPLO;ION AND COLLAPSE HAL'RO UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE BROAD FORM PROPERTY DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY AUTOMOBILE LIABILITY A COMPEEHENSIVE FORM OwNEE HIRED NON OIVNED ❑ UMBRELLA FORM ❑ OTHER THAN UMBREI LA FORM WORKERS'COMPENSATI( and EMPLOI/ERS' LIABILITY OTHER TRSLG18OT4523-84 TRCAP18OT4547-84 COMP#llES AIFORDING COVERAGES COMPANY 1% The Travelers Indemnity Company LETTER COMPANY Ck LETTER -1---I AGGREGATE $ COMPANY `[ ■ � LETTER `r COMPANY LETTER COMPANY LETTER Ted above an 1 a: a in forc i at this tim Notwithstanding any ret uirement, or may pertai i, I he insur ince afforded by the policies describes herein is SELF INSURED BY STATE OF CERT. NO. 1130 -CONTINUOUS POLICY E) PIATION I ATE �.......... �...-. .. ........-, EACH OC:URRENCE E -1---I AGGREGATE $ BODILY INJURY 01/01/85 PROPERTY DAMAGE b E BODILY INJURY AND PROPERTY DAMAGE q -1 , 000, $1,000. COMBINED PERSONAL INJURY I 1,000, BODILY INJURY $ (EACH PERSON) 01/01/85 BODILY INJURY $ (EACH ACCIDENT) PROPERTY DAMAGE 1 b PROPERTY DAMAGE 1,000, BODILY INJURY AND PROPERTY DAMAGF $ $ COMBINED STATUTORY s DESCRIPTION OF OPERA FIONS/LOCATIONS/OEHICLES Applicable as respects to contract for San Juan Capistrano Library/Great Stone Church `A\ Parking Lot. Cancellation: Should any of the above desrlbbed policies be cancelled t efore the expiration date thereof, the issuing com- an will mail _ days written notice to the below named certificate holder.=WWDEM srPar AND ADDRESS OF CERTIFCATE HOLDER City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 25 (1-19) DATE ISS C� O f f O Y py to "U b �r7Z i a `e •v =� O N nc M oup R "°.„usNE`.,4r✓ -c�c �2 .4 Q N L cM O 00E° L $. Op pdycd .8_ 7 �5`c'ryo z W C R ® rim= 61 w F.. d 0_ _ E R U,i. �! O W � NI � � °S Ts r � ° �"' =v ` E N O �Z f! 4 La U O H Off`>"_°EE� a } i c< c E =c=Yi O O �' Q w d Z�C� W W U V rcd c' 2 \� Eu�u„u � O Q0 .fl _CCG`o'+' SIC -°m ri G w 0 0 110 v e 144) 41 ci 0 ® H y /: u�c uu O •.-� `,B=AS iw EO ff o o ai �U s :1, s' -= 0 ";, cn 43 H AL n a Z V �;` ; r �,, • '`"` c� U .0 to p nl �+ io.anc c* O f f O Y 1 1 1 1 1 1 1 1 0 0 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA SPECIFICATION AND CONTRACT DOCUMENTS FOR THE SAN JUAN CAPISTRANO LIBRARY & GREAT STONE CHURCH PARKING LOT ,- ; CITY COUNCIL ANTHONY L. BLAND, MAYOR PHILLIP R. SCHWARTZE KENNETH E. FRIESS LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER S. B. JULIAN CITY MANAGER W. D. MURPHY DIRECTOR OF PUBLIC WORKS NOVEMBER, 1983 (. �. c 1 J, CITY COUNCIL ANTHONY L. BLAND, MAYOR PHILLIP R. SCHWARTZE KENNETH E. FRIESS LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER S. B. JULIAN CITY MANAGER W. D. MURPHY DIRECTOR OF PUBLIC WORKS NOVEMBER, 1983 1 1 1 1 1 1 1 1 1 1 0 TABLE OF CONTENTS 0 CONTRACT DOCUMENTS PAGE Notice Inviting Bids ----------------------------- 1 Bid Proposal-------------------------------------- 4 Schedule of Work Items---------------------------- 6a - 6b Non -Collusion Affidavit--------------------------- 7 Designation of Sub -Contractors --------------------9 Instruction to Bidders---------------------------- 10 Contract------------------------------------------ 16 Bid Bond (Sample)--------------------------------- 19 Faithful Performance Bond (Sample)---------------- 20 Labor and Material Bond (Sample)------------------ 21 SPECIAL PROVISIONS Work to be Done----------------------------------- 23 Standard Specifications --------------------------- 23 Terms Defined------------------------------------- 23 Flow and Acceptance of Water---------------------- 24 Water--------------------------------------------- 24 Insurance and Overhead Costs---------------------- 24 Protection of Existing Utilities------------------ 24 Protection of Private Property-------------------- 24 Permits------------------------------------------- 25 Traffic Control----------------------------------- 25 Special Provisions of Items of work, Materials, and Methods of Construction----------------------- 26 - 28 ' NOTICE INVITING BIDS ' Public notice is hereby given that the City of San Juan Capistrano will up to 2:OQ p.m. on the 12th day of December , 1983, ' receive sealed proposals or bids for the San Juan Capistrano Library/ Great Stone Church Parkina Lot , in ' accordance with the approved plans and specifications on file in the office of the City Clerk of the City of Sari 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 specifications. 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 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. 1 H 1 A pre-bid conference is scheduled at 10:00 a.m. on the 5th day of December., 1983, at the City offices. The con- tractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate 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. - 1 - 1 The successful bidder, simultaneously with the execution ' of the contract, will be required to furnish a Faithful Perfor- mance Bond equal in the amount of one -hundred percent (100%) of ' the contract price. The City Council reserves the right to reject any and all ' bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of Forty -Five (45) days has been ' set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, Pursuant to the Labor Code of the State of California, copies of the prevailing rate ' of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of ' the City Clerk and shall be made available to any interested party on request. ' Copies of Plans and Specifications one 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 speci- fications 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 reauired for obtaining each set of plans and specifications. There will be a ' $5 charge for postage and handling on all plans and specifications mailed. -2- 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. -2- ' This Notice is hereby given and published by order cf the ' City Council of the City of San Juan Capistrano, and is dated this / day ofj�}�f'y��l�/ /y�3 ' CITY CIjiK v CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- 1 ' INSTRUCTION TO BIDDERS ' Securing Documents Plans, specifications and other contract documents will be ' available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids". ' Examination of Plans, Specifications and Site of Work ' The bidder is required to examine the site of work, the proposal, the plans and the specifications very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The plans for the ' work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the ' work. -The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. ' Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omission ' from, the drawings, specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of ' any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a re- quest shall be responsible for its prompt delivery. In the event that the Engineer receives such a request and it should be found that certain essential information is not ' clearly and fully set forth, or if the Engineer discovers errors, 1 -10- 1 ' omissions, or points requiring clarification in the drawings or ' documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or ' interpretations of the documents presented to bidders in any manner other than written addendum. Addenda or Bulletins ' The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part ' of the contract documents and shall be returned with them. Be- fore submitting his bid, each bidder shall inform himself as to ' whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. 1 1 1 1 Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing Shall be in longhand. Where there is a conflict in the words and the figures, the words shall govern. -11- Disqualification of Bidders ' No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work ' unless alternate bids are called for. A person, firm or cor- poration who has submitted a sub -proposal to a bidder, or who has ' quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. 1 1 1 Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing Shall be in longhand. Where there is a conflict in the words and the figures, the words shall govern. -11- E. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the pro- ' - visions of the specifications. F. Each bidder must accompany his bid with either a cashier's ' check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not less than ten (10) percent of the aggregate sum of the bid, which check or bond ' and the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required ' bonds. The bidder agrees that, in case of his refusal or failure to ' execute said contract and give bonds within the time required by these documents, such check or bond, and the money re- presented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said tsurety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ' ten (10) percent of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check ' or approved bond shall be rejected. H -12- 0 • B. All prices and notations must be in ink or typewritten. No ' erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must ' be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be ' done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic ' proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equip- ' ment and references properly and fully filled out. E. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the pro- ' - visions of the specifications. F. Each bidder must accompany his bid with either a cashier's ' check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not less than ten (10) percent of the aggregate sum of the bid, which check or bond ' and the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required ' bonds. The bidder agrees that, in case of his refusal or failure to ' execute said contract and give bonds within the time required by these documents, such check or bond, and the money re- presented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said tsurety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ' ten (10) percent of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check ' or approved bond shall be rejected. H -12- ' Withdrawl of Bids Any bidder may withdraw his bid in person or by written location request G. Bids shall be delivered to the City at the stipulated, the scheduled closing time for re- on or before the day and hour set for the opening of bids, as ' hereinbefore specified in the "Notice Inviting Bids". Bids shall be enclosed in a sealed envelope bearing the title of ' the work, the name of the bidder, bid opening date and time Opening of bid opening. ' The City will, Licensing of Contractor session, publicly open, examine and All persons, firms, partnerships or corporations shall be the time licensed in accordance with the Business and Professions Code Bids". of the State of California and the applicable ordinances of the representatives are invited City and County before doing any work of any kind. ' Withdrawl of Bids ' Award of Contract or Rejection of Bids ' No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The con- tract for the work will either be awarded or the bids rejected twithin the forty-five (45) days from the date set for the opening of bids. ' The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids". The City, however, reserves the right to reject any or all bids and to waive any nonconformity ' in the bids received. ' -13- Any bidder may withdraw his bid in person or by written ' request at any time prior to the scheduled closing time for re- ceipt of bids. Opening of Bid Proposals The City will, in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting. Bids". Bidders or their authorized representatives are invited to be present. ' Award of Contract or Rejection of Bids ' No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids. The con- tract for the work will either be awarded or the bids rejected twithin the forty-five (45) days from the date set for the opening of bids. ' The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids". The City, however, reserves the right to reject any or all bids and to waive any nonconformity ' in the bids received. ' -13- ' If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an ' award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corpora- tion to which an award is made shall furnish evidence of its cor- porate existence and evidence that the officer signing the con- tract and bonds for the corporation is duly authorized to do so. ' Bonds ' The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (100%) of the ' total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent ' (100%) of the amount of the contract. Said bonds shall be secured from a surety company satisfactory to the City. Surety ' companies, to be acceptable to the City, must be authorized to do business in the State of California and be on the accredited list of the United States Treasury. ' Time of Performance The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently ' prosecuted until completion. A time limit of Forty -Five 1 -14- The bidder to whom the award is made shall execute a written contract with the City and furnish the stipulated bonds, insurance ' and bid breakdown within fifteen (15) days after the notice of award of contract. The contract shall be made in the form adopted ' by the City. The release of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made upon the City's ' acceptance of the Labor and Materials Bond and the Faithful Per- formance Bond. ' If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an ' award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corpora- tion to which an award is made shall furnish evidence of its cor- porate existence and evidence that the officer signing the con- tract and bonds for the corporation is duly authorized to do so. ' Bonds ' The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (100%) of the ' total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent ' (100%) of the amount of the contract. Said bonds shall be secured from a surety company satisfactory to the City. Surety ' companies, to be acceptable to the City, must be authorized to do business in the State of California and be on the accredited list of the United States Treasury. ' Time of Performance The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently ' prosecuted until completion. A time limit of Forty -Five 1 -14- ' 0 E ' ( 45 ) calendar days from the date of execution of the contract has ' been set for completion of the work. The bidder's attention is directed to the specifications as to provisions for extension of ' time of completion and/or assessment of liquidated damages. Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be ' received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval ' of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. ' Workmen and Wages t Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen ' and wages. Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids". 1 Building Permits ' It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the ' completion of the project. No extra compensation shall be made therefore. 1 -15- I r H 1 J • SPECIAL PROVISIONS • Work to be Done The City will have previously arranged for the area of the parking lot which is to be surfaced to have been graded. The work to be done in this contract will be to surface the parking area; site clearance and grading outside the area previously graded; constructing P.C.C. curb, gutter and entry; aggregate base and asphalt concrete. Alternate bids for either gravel or asphalt concrete surfacing to the parking lot are requested. Standard Specifications The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1979, Edition, thereinafter referred to as the Standard Specifications. The contractor shall maintain a copy of this book on the job site at all times. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: "Section 2-4 Contract Bonds" The "Payment Bond" (Material and Labor Bond) shall be in the amount of 100 percent of contract price. The "Faithful Performance Bond" shall be held as assurance of guaranteed performance for a period of one year after acceptance of the improvements by the City Council. Change 2: "Liability Insurance" The amounts and provisions of insurance are modified to be: Bodily Injury $ 500,000 each person Bodily Injury $1,000,000 each accident Bodily Injury $1,000,000 agregate products Property Damage $ 500,000 each accident Property Damage $ 500,000 aggregate operations Property Damage $ 500,000 aggregate protection Property Damage $ 500,000 aggregate products Property Damage $ 500,000 aggregate contractual The City will not recognize any claim for additional compen- sation because of the requirement for greater amounts of insurance as an element to be considered by the contractor in determining his bid. Change 3: "Section 8 - Facilities for Agency Personnel" Delete this Section. -23- 3. Terms Defined ' Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following ' City Department or persons shall be intended: AGENCY shall mean City of San Juan Capistrano whenever appropriate. BOARD shall mean the City Council of the City of San Juan Capistrano. ENGINEER shall mean City Engineer or other person(s) designated by same. ' 4. Flow and Acceptance of Water ' Surface or other waters may be encountered at various times during construction. The contractor, by submitting a bid acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of the Contractor to protect his work from danger due to any waters encountered. Should any damage to the work due to surface or other water ' occur prior to acceptance of the work by the City, the Contractor shall repair such damage at his expense. ' 5. Water Water will be available from the Capistrano Valley Water District. Arrangements for temporary construction water ' service permit and water service may be made by contacting Capistrano Valley Water District at (714) 493-1515 one week prior to need for service. All water facility construction ' shall conform to the "Standard Specifications, Capistrano Valley Water District, and the Uniform Plumbing Code, 1979." ' The cost of the water, permit transporting and applying said water shall be included in the unit bid prices for the various items of work to be done. Included shall be full compensation for furnishing all labor, materials, tools and equipment and ' for performing all the work necessary to develop a sufficient water supply and supplying the water. ' 6. Insurance and Overhead Costs The Contractor shall receive no direct compensation for ' insurance and overhead (move -in costs for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. ' 7. Protection of Existing Utilities The Engineer has endeavored to show all existing utilities. ' The Contractor must, however, take all due precautionary measures to protect all of the existing utilities. 1 -24- 1 1 1 1 Protection of Private Property The Contractor must remain within the construction zone to the best of his ability. The Contractor must protect all existing private property. 9. Permits The Contractor shall acquire all necessary permits from the City's Department of Planning and Community Development for any tree trimming he wishes to do in order to carry out the work. No direct or additional payment shall be made for either the permit or the work of tree trimming and these costs should be prorated to the appropriate bid items. 10. Traffic Control The Contractor shall provide all labor, materials and equipment for traffic control and no direct or additional compensation shall be made and these costs should be prorated to the appropriate bid items. -25- 1 • • 1 SPECIAL PROVISIONS OF ITEMS OF WORK, MATERIALS AND METHODS OF CONSTRUCTION 1 BID ITEM 1 & 1A - Site Grading 1 The main area of the parking lot will have been previously graded. The work for this bid item shall include the removal of vegetation 1 and interfering material within the area not previously graded; the saw cutting of existing pavement and the removal of existing asphalt concrete pavement and berm as indicated on the plan or as necessary to construct the work. Saw cutting is required at the 1 joining of all new work to existing work. Street signs shall be returned to the City Yard. 1 All material removed from the job site shall become the property of the contractor and its disposition shall be the contractor's responsibility. 1 The workmanship and materials included in the work prescribed for fill and excavation shall conform to Section 300 of the Standards Specifications. The work for this bid item shall include all 1 removal, providing and filling of earth necessary to complete the work to the required grades, including minor transitions at the interface with the previously graded area. 1 The bidder's attention is drawn to the area referred to as the "Archaeological Exhibit." The Contractor must remain outside this 1 area to the best of his ability. Payment 1 The lump sum price bid shall include all labor, materials, tools and equipment to carry out the work as detailed and no additional compensation shall be made. 1 BID ITEM 2 & 2A - Curb Return Type B1 at the Intersection of Acjachema Street and E1 Camino Real 1 The work for this bid item shall include constructing the curb type B1 per O.C.E.M.A. Standard Plan #201 at the intersection of Acjachema Street and E1 Camino Real, the cost of street reconstruction 1 between new work and saw cut shall be included in this item. Payment 1 The unit price bid shall include all labor, materials, tools and equipment to carry out the works as detailed and no additional 1 compensation shall be made. I -26- 1 1 • • BID ITEM 3 & 3A - Curb and Gutter Type "D" 1 The work for this bid item shall include the construction of curb and gutter type "D" per O.C.E.M.A. Standard Plan #201 and ' as indicated on the plans. The cost of street reconstruction between new work and saw cut shall be included in this item. ' Payment The unit price bid shall include all labor, materials, tools and equipment to construct curb and gutter type "D" and no ' additional compensation shall be made. BID ITEM 4 & 4A - Cross Gutter; Gutter Transitions; Curb; Spandrel; ' Curb Returns and Curb Type B1 at E1 Horno Street Entry ' The work for this bid item shall include the construction of cross gutter, gutter transition, spandrel curbs Type B1, curb, curb returns with depressions for access ramps per O.C.E.M.A. Standard Plan #111 and 207 and as indicated on the plans at E1 Horno Street. ' The cost of street reconstruction between new work and saw cut shall be included in this item. ' Payment The lump sum price bid shall include all labor, materials, tools ' and equipment to carry out the work and no additional compensation shall be made. BID ITEM 5 & 5A & 7A - Asphalt Concrete Paving This bid item shall include the furnishing and placing of asphalt concrete as indicated on the plans and in the specifications. The workmanship and materials necessary to complete the work as required shall conform to Section 302-5 of the Standard Specifica- tions and Orange County Standard Plan 805. ' Payment The unit price bid for this item shall include all labor, materials, ' tools, and equipment necessary to construct the work as detailed and no additional compensation shall be made. ' BID ITEM 6 & 6A - 6" Thick Aggregate Base This bid item shall include furnishing and placing of aggregate ' base as indicated on the plans. Aggregate base shall conform to the Orange County Standard Plan 804 and Section 400-2 and 200-2 of the Standard Specifications. Payment The unit price bid for this item shall include all labor, materials, tools and equipment necessary to construct the work as detailed and no additional compensation shall be made. -27- 0 0 t BID ITEM 7 - 4" Thick Gravel This bid item shall include furnishing and placing of gravel to the regraded area of the parking lot as indicated on the plans, ' and shall conform to Sections 400 and 200 of the Standard Specifications. The Contractor shall provide details of his proposed source and a sample grading for approval by the Engineer prior to construction. A maximum of four percent (4%) shall pass the No. 200 sieve size. Payment The unit price bid per ton shall include all labor, materials, tools, and equipment to carry out the works as specified and no ' additional compensation shall be made. BID ITEM 8 & 8A - Furnish and Install Redwood Headers The workmanship and materials included in the work prescribed for this bid item shall conform to Section 204 and 305 of the ' Standard Specifications. The work for this bid item shall include the placing of redwood headers to conform to Section 302-5.4 of the Standard Specifications. Payment ' The unit price bid per lineal foot shall include all labor, materials, tools and equipment to carry out the work as specified and no additional compensation shall be made. 1 CV& -L