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1980-1015_CAPPELLO CONSTRUCTION CO._Contract13565 igBK 13976M 1097 RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: EXEMPT GOVERNMENT CODE SECTION 6103 City of San Juan Capistran C $ City Clerk's Departmentz 32400 Paseo Adelanto Mary Ann1�5an�f City Clerk San Juan Capistrano, CA 92675 City of San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Cappello Construction, 30281 Malaspina Road, San Juan Capistrano, California, 92675, who was the company thereon for doing the following work, to wit: TRUNKLINE SEWER RECONSTRUCTION, VICTORIA STREET TO STONEHILL DRIVE 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 Varch 1981, by Resolution No. 81-3-3-6 That upon said contract the Covenant Mutual Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 3rd day of March , 1981. 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 cE 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 3rd day of March , 1981. (SEAL) Mary Ann -anove , City Clerk of the City of San Juan Capistrano Mary Annanove , City Clerk of the City of can 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 cE 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 3rd day of March , 1981. (SEAL) Mary Ann -anove , City Clerk of the City of San Juan Capistrano RECEIVED liAl,,L'. H IN i BK 1397E Po 1 098 RECOROEO IN OFFICIAL RECOROS OF ORANGE COUNTY, CALIFORNIA 5 Mln, 2 p NIAR 101961 Past LEE A BRANCH, CouMY CITY COPY This contract is made and entered into by and between the. CITY OF SAN JUAN CAPISTI'u1N0, hereinafter referred to as City and CAPPELLO CONSTRUCTION hereinafter roferred to as CONTRACTOR, IT IS�IIEREBY AGREED BETI4EEN THE PARTIES AS FOLLOWS: rIRST.•• COYTRICT DOCMrZ\TTS. The contract documents shall be considered to include 'the Notice Inviting Bids, the Instruction to Diddcrs, 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, 6pecifications 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 wort: originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. TAE IVOMC. CONTPA CTOR agrees to furnish all tools, I.nbor, material, equipment, transportation, and supplies neccs- sary to perform and complete in good and workmanlike manner the construction of TRLM L= SEIM RECONSTRLUrION in strict confor- mity with the Plane, Specifications and all other contract docu- ments, which documents are on file at the Office of the City Cicrk, City 11all9 32.100 Pasco Adclanto, San Juan Capistrano, California. • MlIRD, PAY^MXT. City agrees to pay, and CONTRACTOR agrees to Accept, the lurip sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in tho Specifications. —IG— I 1'oUli'f1I, C0„1t1Pt;CE?. I' AND COt1PLL''i'ION OF TITS lilt. CONTRACTOR ngrees to begin and complete the work within the time specified In the Notice Inviting Bids. It is agreed tIiat 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. PPRF0TZ'.1A \'CP BONn 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 Cita Y. .The Performnce Bond shall be for an amount of one.hundred percent (1000) of the amount of this contract and shall be conditioned on full and complete per- formance of the contract, guaranteeing the work against faulty vorhmanshi.p and materials for a period of one (1) year after com- pletion and acceptance. The Labor and Material Bond :hall be for a.n amount of one hundred pereent•(1000) of the amount of this contract and shall be conditioned. upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. SIXTH, GENIMAi, PRM'A ILING RATE OF PPR DII.M 1YAGPS. Pursuant to the Labor Code of the State of California, copi.cs of the pre- VAfliJ rate of per diem watTes, as determined by the Director Of the Static Department of Industrial relations, are on file jn the•office of the City Clerks 32400 Pasco Adclanto, San Juan •Citpistrano, California, and are hereby incorporated and made a —17-- 4 • part hereof. CONTRACTOR agrees that he, or any SUD-CONTR,ICTOR 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. INSUPANCE, CONTRACTOR agrees to carry Public Liability, Property Damage, and Workmen's Compensation Insurance in amounts as required by the Specifications, a $IGIITII, COJIPLTANCE 17ITII OTHER PROVTSTONS 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 CONTPACTOR, or by nny SUB -CONTRACTOR, for each calen- dar day during which such workman is required or permitted to work more than,eight (S) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN {YITNESS ASIIEREOF, this contract is executed by the duly Authorized agents) of City,, pursuant to Council action,'and by CONTRACTOR on the date set before the naiiW of each. / DATED: October 15, 1980 APPROVED AS TO FORIt; r e Ci tvAttoxncy DAWD• OF SAN ,i✓tJAN CAPISVLANO CAPPELLO CONSTRUCTION CON'1M, "WR 13Y_ MAYOR CITY CLJMK B I'D P R O P O S A L For the: TRUNKLINE SEWER RECONSTRUCTION - VICTORIA ST. TO STONEHILL DRIVE' ' From: CAr__Con jL r_jW cr• jae- tractor To the IIonorable City Council City of San Juan Capistrano Gentlemen: The undersigncd,•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 pro- posal requirements, and hereby proposes and agrees, if the pro- posal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: I�AtI „rultli aiue " leo $ Words Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, 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. 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. —4— 0 ' All bids arc 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 ' dapistrano 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 the enclosed check or bid bond shall . be returned to the undersigned within thirty (30) days. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered ' to him for signature, or within such further time as may be granted by the City Council, then said check shall be cashed or said bond ' declared forfeit and an amount equal to* the difference between . the lowest bid and the next lowest bidder who will execute a ' contract shall be paid into the treasury of the City of San Juan ' Capistrano as liquidated damages for the failure of the under- signed to comply with the terms of this proposal. Accompanying this proposal is _g10 PSdtA9 (insert cash,,, cashier's check, certified check or bidder's bond, as the case may be) in an amount equal to at least ton percent (lON) of the total bid. ' The following is the name and *place 'of business of the surety company which will furnish the required bonds as surety it the ' work is awarded to the undersigned; 1 ' Licensed in accordance with an act providing for the registration of contractors -- License No. Signature •of Bidder: CAPP�LLO (_pt4W 19(, ' (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co- partners composing the firm: President, secretary) treasurer and manager thereof.) ' Dated:_ _I b - a 7 8h2 MltlAS1�11VA (t0. ��.0 ' Business Address 44C81 Phone Number 1 Further, the undersigned bidder certifies that he has , thoroughly checked the figures set they forth in this proposal, that are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Signature of Bidder Date Phone Number 1 `s- SCHEDULE OF WORK ITEMS ' ITEM NO. APPROX. QUANTITY WORK ITEM WITH UNITS (PRICE WRITTEN IN WORDS) UNIT PRICE (IN FIGURES) TOTAL ANOLNT ' 1. 2,317 Lineal Feet of 24" V.C.P. Sewer for the Unit Price ' of ' per Lineal Foot. $ (5.00 $t5D -30,5j)() 2. 4 Each, 60" Sewer Manhole for the Unit Price of ' 1pa QPAw.,-1 Each. $ 3000.00 $ 1.200.00 L. S. Connection of Existing Double 10" V.C.P. Sewer for the LSun of ' fln LViniL ' Dollars' $ !,500.00 $ 1500.00 4. 5 Each, Remove Existing ' Sewer Manhole and Plug Lines for the Unit Price of r- ,w _ H Each. $o•BD $ 2.000.00 1 TOTAL BID: VA �� DU�I TLui I I Y Dollars (Tot Words) $ 155.3p� ,©0 -6a- (Total in Figures) ' NYCOLLOSICN ATIDAVIT TO BE EXEam BY • DIDDER N SLU11 TID V,'ITH BID ' STATE OF CALIFORNIA ) County of 0(�Igj&E ) ss. being first duly ' sworn deposes and says that he is �•`cfc�o hf- of 1 I u II Il the party making the foregoing bid; that such.bid is not made in the interest of or on behalf of any undisclosed person, partnership, Company, association, organization,, or corporation; that such bid It 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- osted in the proposed contract; that all statements conthined 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 havo a partnership or other financial interest with said bidder In this general business. i+11. ' ON7b' before me, the undersigned,a Notary and for said state, personally appeared AI�C'Y ' to be the person whose name subscribed to the within Instrument, and acknow- ' Tedged to me that he_ executed the same. ' WITNESS my hand and official seal. ' Notary Public in and for said te. . aEiuueD P.1"TT"M9, NMICeft . OFIL'QALN. ORNMCOUM • . MY GluwIM/IpA i Ott I ' M -&TION G- SUB-CO"w'CTORS 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 Abe written in the name of the general contractor only. ' ITEM OF WORK I' 1 SUB -CONTRACTOR ADDRESS BIDDER'S NAME • AUTHORIZED .SIGNATURE PHONE N0, OFF17E 'COPY �{✓� �� KERTIFICATE OF INSURANCE u Insurance COnI� i is to cerflfy that the insurance policies (described below by a policy number) written on forms in use by the company have been issued. i certificate is not a icy or a binder of insuronce and does not in any way alter, amend or extend the coverK610 0, any policy red to herein. OV 5 25 AM '00 1:, ,e and address Insured r � SAN ILf .N drtmaim. Ise. C !. i! S ; s �tlsel� Representative No : 14� "lei ULUSPI a Ye Place: Santa Anes CA 92701 San Jeas Cap atlYes CA 92675 Date Issued: 10-27-40 Region: ANAs LA K nd of Coverage If Expiration Dole Pss&y Number •Unless otherwise indicated, this policy affords full coverage under the Workers' ^Compensation laws of all states (except states where coverage can be provided only by State Funds, and Canada) and as designated in the policy and endorsements for -- /oh art oml ruction • Coverage 9 — Employers Liability. Limits of Liability Bodily Injury Property Damage am, r.....ive 1 �-15-41 2021-04-1 •me'a, Liability '4oduas Completed Ogratbnn Included (3ExcluAed S iwoo" Each Occurrence S 5W Aggregate fl�s�o Each Occurrence S Aggregate Single Limit S Each Occurrence :antroctual- All Written Contraeq: 1§ Included Net Covered S Aggregate Landlords' $ Each Occurrence S Each Occurrence na Tenonti Liability S Aggregate ontr xfuol Liability —$ Each Occurrence S Each Occurrence ss�g noted Contracts )nly $ Aggregate Single Limit S Each Occurrence S Aggregate es' —ss� _�s,o` otonobile Liability 1 4-15-41 '1.01.' 1-05.0i'e920 $ Per Person 11 Owned Autos m Mired and Nonowned Autos S Per Accident S Per Accident Ej Lpacified Autos Only Single Limit S 5M.Ow Per Accident mbn Ib S Each Occurrence obllr y $ Aggregate Products - Completed Operations S Retention ipnciol Provisions/Locations/Spsui9ed Autos: Liabildyt Anywhere In the United States of America. tarriterios or posaessioas or Canada. If Any policy described Obtains is canceled during company til man 86tice tem (10) days before the cancellation to the party sued below. Its term by the company, effective date of such its d~ the Jobt Trunk Lias soler reconstruction. Zi sv.ithstanding any requirement, term or condition of any contract or other document with respect to which tln('eerhficate may be issued or may pertain, the insurance afforded �y the policy (policies) described obow is subject to oil of the terms, exclusions and conditions of such policy (polk during the term(s) thereof. I he eery of a number in this column MoCim,11tval the coverage is afforded by the company designated by the some number. ,sued to: Issled by (1) EMPLOYERS INSURANCEDF WAUSAU A Mutual Company • (2.) ILLINOIS EMPLOYERS INSURANCE OF WAUSAU City of Stan Juan Capistrano (3.) WAUSAU UNDERWRITERS INSURANCE COMPANY . 32400 paafto Adelanto K) WORLDWIDE UNDERWRITERS INSURANCE COMPANY San Jaen Capistrano. CA 92675 Signed - -,' Authorized Company Representative 's J�,i, Mus A. (5) 15-5736 Ll 5. 0 (38) Written Communications: V(80) Report dated February 17, 1981, and resubmitted March 3, 1981, from the Director of Public Works advising that the work for the land outfall between Victoria Street and Stonehill Drive has been completed by Cappello Construction. The payment status is as follows: Total Construction Costs $187,538.41 Less 108 retention 18,753.84 Total due to date 168,784.57 Previous payment 162,934.57 Balance Due this Payment $ 5,850.00 Approval of Change Order/Acceptance of Work: Change Order No. 1-, in the amount of $5,850.00, was approved and the following resolution was adopted: RESOLUTION NO. 81-3-3-6, COMPLETION OF SEWER RECONSTRUCTION - A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRUNKLINE SEWER RE- CONSTRUCTION - VICTORIA STREET TO STONEHILL DRIVE The resolution accepts the work and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days, payment was authorized to Cappello Construction in the amount of $5,850.00; payment of the 108 retention of $18,753.84 was authorized 35 days after recordation of the Notice of Completion. -10- 3/3/81 Resubmitted March 3, 1981 • �� AGENDA ITEM February 17, 1981 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Change Order No. 1, Resolution, Notice of Completion and Final Report - Trunk Line Sewer Reconstruction, Victoria Street to Stonehill Dr. (Cappello) SITUATION Construction of the portion of the land outfall between Victoria Street and Stonehill Drive has been completed to the satisfaction of the City Engineer and is ready for acceptance by the City Council. This contract change order is being submitted to City Council for approval of extra work required. Because of difficult ground water conditions, extra rock was necessary for bedding so that the pipe would maintain its structural integrity. Also, two concrete structures not shown on the plans needed to be removed so that the grade could be maintained; an essential for gravity flow sewers. Because of the time element, the developer, American Savings and Loan, of the tract through which the sewer flows, signed an agreement (approved by City Council on May 7, 1980) whereby he would reimburse the City for any extra work necessitated by their construction activity. Since the contractor had to bore under a new 96" storm drain and dig through extra fill placed by the developer, American Savings & Loan will reimburse the City for those items. FINANCIAL CONSIDERATIONS Total Construction Costs $187,538.41 Less 10% retention 18,753.84 Total due to date 168,784.57 Previous payment 162,934.57 Balance due.... $ 5,850.00 There is $180,000 budgeted for this project which was awarded by City Council on October 15, 1980. The total change order is for $18,433.41, of which the City pays $5,209.14, while American Savings & Loan contributes $13,225.27. This makes the City's cost $174,313.14. ALTERNATE ACTIONS 1. Approve the Contract Change Order and accept the project as complete. 2. Do not accept the project and change order. 3. Request further information from staff. FOR CITY COUNICIL. AGENDA ...11n Z�1 James S. Mocalis, City Manager Trunk Line Sewer Reconstruction RECOMMENDATION • Resubmitted March 3, 1981 -2- February 17, 1981 By motion, approve Contract Change Order No. 1, determine that the work has been completed for the reconstruction of the trunk line sewer from Victoria Street to Stonehill Drive, and declare the work to be accepted. Direct that within ten days from the date of acceptance a Notice of Completion be filed with the Orange County Recorder. The total amount of work performed under this contract is $187,538.41. Direct staff to release the retention 35 days after the recordation of the Notice of Completion. Respectfully submitted, Gj.)� *(; 1 4 W. D. Mu p WDM:MG/rem II Encls. RESOLUTION NO. 81c3-3-,6 COMPLETION OF TRUNKLINE SEWER RECONSTRUCTION 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 TRUNKLINE SEWER RECONSTRUCTION - VICTORIA STREET TO STONEHILL DRIVE WHEREAS, on the 15th day of October, 1980, the City of San Juan Capistrano entered into a contract with Cappello Construction for the construction of Trunkline Sewer Reconstruction; 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 $187,538.41. SECTION 3. That the work is hereby accepted and approved. SECTION 4. It is further ordered that a "Notice of Completion" be recorded, on behalf of the City, in the office of the County Recorder of the County of Orange within ten (10) days of the date of this Resolution. PASSED, APPROVED AND ADOPTED this 3rd day of March , 1981 , by the following vote, to wit: AYES: Councilmen Friessf Schwartze, I Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: ATTEST: CITY CLVK mr=m -1- STATIC OF CALTI")PNfA COUNTY OF ORANGE ) ss. CITY OF SAN JUAN 0ISTRANO ) • 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. 81 3_3_6 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rA day of March , 1981 (SEAL) i�/�GlIS�i2-e2,ce� MARY AN H NOVER, 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. 79-2-21-7 and on the 6th day of March 1981 she caused to be posted: RESOLUTION NO. 81-3•-3-6 being: COMPLETION OF TRUNKLINE SEWER RECONSTRUCTION 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 TRUNKLINE SEWER RECONSTRUCTION - VICTORIA STREET TO STONEHILL DRIVE in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The San Juan Hot Springs Dance Hall; The Orange County Public Library. MARY ANN #ANOVER, City Clerk San Juan Capistrano, California -2- Change Order No. i Date 1-15-81 CG'!TRACT CII^.'XF OR Project tdJ. 07-4770-708 Location Trunkline Sewer Reconstruction - Victoria St. to Stonehill Dr. Beginning ContracoDate 10-28-80 Contract Amount $ 166,105.00 Previous Change Orders $ .0 This Change Order $ Adjusted Contract $ Item Decrease In Increase In No. Description of Changcs Contract Price Contract Price 1 Extra rock for bedding of pipe 4039.49 2 Remove concrete structures not shown on plans 1168.65 3 Protect new 96" RCP (to be reimbursed by developer) 7479.57_ 4 Dig through extra fill (to be reimbursed by developer) 5745.70 t Change In Contract Price Due to This Change Order $ $ 18,433.41 Net Change In Contract Price $ $ 18,433.41 TIME SCHEOULE: Total Contract Days Amount Prior C.O.(s) hnount This C.O. _ Adjusted Contract Days New Date of Congrlct.inn ACCEPTANCE: DATE: Accepted by: Cappello / n -ruction Reconuended by:�/A/ Mark Mark Gibson, Ass't Civil Engr Approved by: W. D. Murphy, Director of Public works 0 VO. 1 - TRUNK LINE SEWER RECONSTRUCTION, VICTORIA 1JEHILL DRIVE equest of the Director of Public Works, consideration item was deferred to a later date. a/3 /g l 0 0 AGENDA ITEM February 3, 1981 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Change Order No. 1, Extra Work - Trunk Line Sewer Reconstruction, Victoria Street to Stonehill Drive (Cappello) SITUATION This item has been deferred to a later meeting as questions have arisen as to the items of work and obligations by American Savings & Loan Association. Respectfully submitted, U0 .� o W. D. Murphy WDM/rem FOR C1 rY COUNCIL AGENDA .. ! 0 BIDS, CONTRACTS, AGREEMENTS AWARD OF CONTRACT - TRUNR LINE SEWER RECONSTRUCTION, STONEHILL AND VICTORIA (CAPPELLO) (38) Written Communications: ,/(80) Report Report dated October 15, 1980, from the Director of Public Works, forwarding results of a bid opening held October 9th for the trunkline sewer reconstruction which will replace and increase the size of an existing portion Of the City's land outfall sewer to the SERRA Treatment Plant. Award of Contract: - It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to award the contract for the Trunkline Sewer Reconstruction to Cappello Construction Company, of San Juan Capistrano, in the amount of $155,305, and to reject all other bids. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. WA-5/so 0 AGENDA ITEM October 15, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract - Trunkline Sewer Reconstruction- Stonehill Drive and Victoria Street SITUATION Staff is requesting that award of the contract for the Trunkline Sewer Reconstruction, Victoria Street to Stonehill Drive, be awarded to Cappello Construction Company. The project is intended to replace and increase the size of an existing portion of the City's land outfall sewer to the SERRA Treatment Facility. Bids were as follows: Cappello Construction Co. $155,305.00 Robert G. Castongia, Inc. $255,217.00 Clarke Contracting Corp. 191,925.00 G. R. Frost, Inc. 197,734.00 McGuire Construction, Inc. 258,285.00 FINANCIAL CONSIDERATIONS The low bid was $155,305.00 and sufficient funds are available and budgeted within the Sewer Enterprise Fund as the land outfall repair. ALTERNATE ACTIONS 1. Award the contract for the Trunkline Sewer Reconstruction, Victoria Street to Stonehill Drive to Cappello Construction Company in the amount of $155,305.00. 2. Reject all bids and readvertise. 3. Cancel the project. RECOMMENDATION By motion, award the contract for the Trunkline Sewer Reconstruction, Victoria Street to Stonehill Drive to Cappello Construction Company in the amount of $155,305.00 and reject all other bids; authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. Respectfully submitted, W. D. Murphy X1 WDM:GML/rem FOR CITY COUNCIL AGENDA /� BID OPEUING -- a:DD P. CT 9,19$o 0c,TioN hIDDER AMOUNT J4 ISS, 305 C4) oil 55 00 � b hon rtfwdablC - 5 rn0ul 11 ng P b ,,8 1 a/(o TENTATIVE CONTRACT AWARD 0jpECIf(CATr0NS f i?RAui 1N60 uN1C L►NE SEWER DATE: ioll,�EGONST 2LlG CIC NAME A DRESS PHONE ma. )-os A- I co)'1.i_-%s 6)rd rm t4os 707-0-0 c !-1-3 X a. a - 59 - 6193 U;-1 -4K3.5;r5;- .. L-11� 6)000A m1S.Q�V C-on$hC., -- -70 5, , 9a�� R670 -- - - 16 l - — O ---9$ it - L19 3 -- -- - - 5 �c.on 9oay1 (ar3 9�7- �yBS 1A3 a3- � v 14V•e- ti PROOF OF PUBLI(WON (2015.6 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 DAILY published...................................................................... in the City of San Clemente County of Orange, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11, 1°60, 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 :................................ o 6.- and...0etober3 ._____....- -Se- -- -t - ......2 -------•--------•-- all in the year 19....80 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 3rd October 80 ........ 7day pof .. ..jf._..........------. 19........... Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 714-492-5121 This space 16 the County Clerk's Filing Stamp RECEIVED OCT 5'4 CI?Y Or rAN IIiAli � �Pi QTR,".' Proof o ublication of NOTICE INVITING BIDS ................... TRUt LI � RECONSTR F VICTOBU 171 ii TO BNOTICE N HEREBY - GIVEN tb* the Cittyy of San Juan CapUtrmo wBI tkaNPo sealed peopoea6 or 1Nb tenths trunk Itne sew *a V40"Woc- tion — Victorie 'siteet to on mein say or txlow: +sou. A pre-bid conference Is sdkduled at IC -10 a.m. an the 6th diy of October' 996 I, at the City offices to con- tractors. Copies of Plans and Specifications ere as file to the Office of the City Clerk of San Juan Capistrano, 32100 Pam Adelanto, Son Juan Capistrano, CaliforNa, and lnay ' be ditelnid at a we- Jefund" .comae of 419A0, 836.00 c** lot poetase bar. bn 10 19Aad follum TED: Sapteraber,24,1980 i y Very Ann Hanover 4 a'NOTICE OF TRANSMITTPW LEGAL PUBLICATIONS • TO: DAILY SUN -POST Helen Nielsen, Legal FOR PUBLICATION ON: DOCUMENT(S) TO BE PUBLISHED: FRIDAY, SEPTEMBER 26, 1980 and FRIDAY, OCTOBER 3, 1980 NOTICE INVITING BIDS - TRUNK LINE SEWER RECONSTRUCTION - VICTORIA STREET TO STONEHILL DRIVE PROOF OF PUBLICATION: Please send to: AUTHORIZED BY: Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 r DATE: September 24. 1980 pate of 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 I NOTICE INVITING BIDS TRUNK LINE SEWER RECONSTRUCTION - VICTORIA STREET TO STONEHILL DRIVE Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the trunk line sewer reconstruction - Victoria Street to Stonehill Drive until 2:00 P.M. on the 9th day of October , 1980 A pre-bid conference is scheduled at 10:00 a.m. on the 6th day of October 1980, 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 $5.00 charge for postage and handling on all plans and specifications mailed. Dated: September 24, 1980 ITY I CITY OF AN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA 2. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS - TRUNK LINE SEWER RECONSTRUCTION (VICTORS."'. STREET TO TONERILL DRIVE) J(38) Written Communications: (80) Report dated August 20, 1980, from the Director of Public Works advising that a City sewer trunk line adjacent to the SERRA Treatment Plant has been damaged by hydrogen sulfide and that a budgeted program replacement is being undertaken; that an agreement has been entered into between ` the City and the developer of adjacent property 'of lowering of the sewerline. The report further advises that SERRA is pursuing legal action against the developer due to flooding of the Treatment Plant and that concern has been expressed regarding the City's intent to proceed with the project. The project cost is estimated at $176,000; $180,000 has been budgeted. The developer's contribution is less than $3,000; however, if the cost exceeds the budgeted amount, the developer will pay the excess. Approval of Plans/Call for Bids: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the plans avid specifications and to authorize staff to advertise for bids for the trunk line sewer reconstruction, Victoria Street to Stonehill Drive. $h-o A0 L] AGENDA ITEM 0 August 20, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Plans and Specifications and Authorization to Call for Bids - Trunk Line Sewer Reconstruction, Victoria Street to Stonehill Drive SITUATION Staff is requesting authority to advertise and receive bids for the trunk line sewer reconstruction adjacent to the SERRA Treatment facility. The existing line has suffered damage from hydrogen sul- fide and a budgeted program for replacement is being undertaken. American Savings and Loan Association is developing property adjacent to the City's sewer easement and needs to place fill over the line. Staff desires to affect the replacement of the pipe prior to the fill being placed. The City has entered into an agreement with the developer to carry out this desire. The City will pay for the pro- ject as originally perceived, and the developer shall finance con- struction necessary, due to the increased depth of the pipe. At this time SERRA is pursuing legal action against the developer's project due to flooding of the plant last winter. SERRA's attorney has expressed concern regarding the City's intent to proceed with the project. Staff interprets that the intended project is the conducting of a standard budgeted project that is not related to the development of the adjacent property or the legal action being pursued by SERRA. FINANCIAL CONSIDERATION The project cost is estimated to be $176,000. The necessary contri- bution by the developer is less than $3,000. If the project costs exceed the budgeted amount of $180,000, the developer shall pay any costs that exceed this limit. ALTERNATE ACTIONS 1. Authorize advertising and receipt of bids for trunk line sewer reconstruction, Victoria Street to Stonehill Drive. 2. Do not authorize advertising and receipt of bids. 3. Require a modification of the agreement. FOR CITY COUNCIL AGENDA �/Z_ Trunk Line Sewer Reconstruction, Victoria Street to Stonehill Drive August 20, 1980 Page 2 RECOMMENDATION By motion,authorize advertising and receipt of bids for trunk line sewer reconstruction, Victoria Street to Stonehill Drive. Respectfully submitted, W. D. Murphy -1 WDM:GML/pjs 1 ; • 1 $ID B013 1 KN101Y ALL MrN BY THESE PRESENTS that we • exopE.c<O CONSTRVCTIoaJ love, as Principal, and existing under 'ELFTv the laws of the State of Q?A& , w�ose principal offic.o is located in the City of NNgTrO'XD , as surety are jointly and severally bound unto the CITY OF 6:1!4 JUAN C:IPISTRINO of Orange County, Cali •nia, in the sum oP TE/Y PERCENNT n< THE ToraG siov�p7RinDOLLAi.S 1 ($ n ), lawful money of the United States of America to be paid to th said CI^'Y OF S:IN JUAN CAPISTIZLINO, for which payment well and truly to b made, we bind ourselves, our heirs, successors,. executors, adminis- ' trators and assigns, jointly and severally, by these presents. TIIE CONDITION OF TRIS OBLIGATION is such tha ereas the 1 Principal has submitted the accompanying bid dated , 1980 , for the construction of Zi1v.�t 4i,v6 SEK'EA AEnzorr�yCr�o.� Sor tile^ CITY OF SAY JUAN CAPISTILI.\O, Orange Counzy, California. 1 N0171 Tn1EREF0RE, if the Principal shall not withdraw said bid Within thirty (30) days after the opening of same, and shall within fifteen (15) days after the agreement has been presented to him for execution 1 enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper 1 fulfillricnt of such contract and for the protection of laborers and materi- almen, or in the event of the withdrawl of said bid within the period: specified, or the failure to enter into said contract and give said bond ,within the time specified, if the r-incipal shall within sixty (GO) days after request by the City, pay the City the difference between the amou::t specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former., then the above obligation shall be void and of no effect., other•,ise to remain in full force and virtue. IN WITNESS MIrREOF tine above -bounden partes have _expp''uted this instrument under their several seals this --��- da of E 19--2.-,.the name and corporate seal of each corporate party being ai:i::ed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (if individual) ATTEST (if corporation) Titlo Corporate Seal ATTEST 1 Titlo • CWA/IFZco �o�STDlciLTiC�y //dc . PRINCIPAL $Y �,11�11X X DjIt Corporato Seal Title ATTOMMY-Ili-FACT State of California County of Los Angeles On this 9th day of OCTOBER , 1980, before me personally came A thur I Clement. Jr. to me known, who being by me duly sworn, did depose and say: that he is Attorneys) -in -Fact of Covenant Mutual Insurance Company, the Corporation described in and hh a d__the foregoing instrument; that he know(s) -. Corporation; that the seal affixed toLsa�,,,'cnsfrument issuch-7 rateseal; thaf it w affixed the aaal 4f sa'd 6�e aiithonty grariie F 6 1m -in .acgp��{�nce with the of +h 1 orpora 'on, and that he sig ed h's name ,tkafq}��;b� Lkei'aSfliAeitfr.,-�)� vl',RY I wF2. ;i �INt-IpgL OI i'0,,A ANC CL ES GLAV iY 30, t982 °°°° (Notary Public) COVEN MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatCOV ENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint ARTHUR J. CLEMENT JR. its true and lawful Attorney lsl-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney is) -in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seat to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. C,� Attest: jlavw Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD 1 COVENANT MUTUAL INSURANCE COMPANY By 4mv242 Vice Presid t On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Wilkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; thatthey are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority. / ��E !!: ';fir' -t r.s�+—L %.7e, i +� TA+r Notary Puol,c i W : �•� : n , My commission expires March 31, 1978 •y04t0:=+ '•r�'��t0{*,C°�•' CERTIFICATION I, Vera C. Spitko,.Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above -quoted provis;ons of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 9th day of OCTOBER 1980 �.t 1Z_ 6. � Assistant Secre y 0 119 COVENANT MUTUAL INSURANCE COMPANY group Bond No. 011411 Initial premium charged for this bond is CONTRACT BOND — CALIFORNIA d $1 ,864.00 wbiect to FAITHFUL PERFORMANCE — PUBLIC WORK a lustment upon comletion orontract at applicable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, That j of 30821 Malaspina Road, San Juan Th" , a. as Principal, and the COVENANT MUTUAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto San Juan Capistrano in the sum of One hundred titty tive thOUsdn ree Un re 1 n ------------ ------------------------------------------------------ Dollars($ 155,�05.CC ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, 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 19 , with the City of San Juan �apistrane to do and perform the following work, to -wit: Trunkline Sewer Reconstruction Stonehill Drive & Victoria St. (Land Outfall Repair) NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 20th day of November 1980 Cappello Construction, Inc. Principal By Arthur J. Clement Jr. State of California County of Los Angeles ss. On this 20th day of November , 19-2-0. before me personally came to me known, who being by me duly sworn, did depose and say: that he is Atforney(s)-in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By -Laws of the said rporation, and that he signed his name ..L uEv Y q4p (Notary Public) p Commission Expires Apr. 27, 1984 COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Arthur J. Clement Jr. its true and lawful Attorney (sl -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog. nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in•Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now In full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if areal isrequired, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consentof surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to aoy power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: J. '• Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By > Vice Presid t On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Wilkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority. 3<j pTAI►�..1; `, I� Notary Public S tri �•� ' n i 1 My commission expires March 31, 1978 �Ofr "'•Ce�: i` CERTIFICATION !«t... I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above -quoted provisions of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12. 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 20th day of November 79 80 Assistant Secre y 9raau COVENANT MUTUAL INSURANCE COMPANY Bond No. 011411 CONTRACT BOND — CALIFORNIA PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That we and the COVENANT MUTUAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto San ,loan Capi Strano , as Obligee, in the sum of Onp hunrirpd fifty five thoiieand three hundred five & n91100 - ---------'-------------------------------- --- Dollars( for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, 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 day of , 19 , with the Obligee to do and perform the following work, to -wit: Trunkline Sewer Reconstruction Stonehill Drive & Victoria St. (Land Outfall Repair) NOW, THEREFORE, if the above -bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Boafd from the wages of employees of the Principal or his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 20th day of NOVen ber , 19 M- No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. Ari Cappe110 Construction. Inc. Principal State of California County of Los Angeles $s. On This 20th day of November, 19 80 before me personally came . to me known, who being by me duly sworn, did depose and say: the+ he is Attorney(s)-in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By -Laws of the said rporation, and that he signed his name auo (Notary Public) Comrm,.-s nn `xG?>.5 Api. 27, 1931 s COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Arthur J. Clement Jr. its true and lawful Attorney (sl - in- Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seat of the Company thereto, if a seal is required, bonds, undertakings, recog. nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorneyls)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other Instru merit, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent: and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: "• � Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY BV ) Vice Presid t On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COV ENANT M UTUAL INSURANCE COMPANY, the corporation described in and which executed the above in; ; wnen,t; dial they Know the seal of said corporation; that me seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority. Notary ►ubtic w- M �� n i My commission expires March 31, 1978 : � :, IyiLs6fi j • ^PeatCitte�: CERTIFICATION 1, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above -quoted provisions of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford. Connecticut, this 20th day of November 79 80 Assistant Secre y 1 1 ' 1 i 1 1 1 1 1 1 1 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF TRUNK LINE SEWER RECONSTRUCTION VICTORIA ST. TO STONEHILL DR. CITY COUNCIL GARY L. HAUSDORFER, MAYOR ANTHONY BLAND PHILLIP R. SCHWARTZE LARRY BUCHHEIM KENNETH E. FRIESS W. D. MURPHY DIRECTOR OF PUBLIC WORKS SEPTEMBER 1980 ' TABLE OF CONTENTS Contract Documents Notice Inviting Bids ' Bid Proposal Non -Collision Affidavit to Be Executed by Bidder and Submitted With Bid 1 Designation of Sub -Contractors ' Instruction to Bidders Contract ' Bid Bond (Sample) Faithful Performance Bond (Sample) Labor and Material Bond (Sample) Special Provisions Page 4 7 9 10 16 19 20 21 23 .' '• ' IORUCTIOIN 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." r Examination of Plans, Specifications and Site.of Work ' lic 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 wort: to be performed, the materials to be furnished and tthe requirements of the Contract Documents. The plaits for the vrork 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 Drawin'-s 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, ' 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. 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 �r 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. iProposals 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 tho signatures of all persons signing shall be in longhand. Whero there is a conflict in words the words and the figures, the, shall govern. i $. All prices and notations must be in ink 00 typewritten. No erasures will be permitted. Mistakes maybe crossed out and corrections typed or written in ink adjacent thereto and must bo initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the wort: to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. i D.' The City may require any bidder to furnish a statement of his experience, financial responsiblity, technical ability, equip- ment and references properly and fully filled out. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the pro- visions of the specifications. 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 surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ton (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. X12- ' 'G. Bids shall be dt*Livered to the City at ttsocation stipulated, on or before the day and hour set for the .opening of bids, as hereinbefore specified in the "Notice Inviting Bids." Bids ' shall be enclosed in a sealed envelope bearing the title of the work and the name of the bidder. Licensing of Contractor ' All persons, firms, partnerships or corporations shall be licensed in accordance with the Bliiness and Professions Code 1 of the :State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawl of Bids ' 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 [nviting Bids." Bidders or their authorized representatives are invited ' to be present. , Award of Contract or Rejection of Bids 1 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 rej•ectcd within the forty-five (45) days from the date set for the opening ' of bids. The contract for the work will be awarded to the lowest ' responsible bidder complying with these instructions and with the "Notice Inviting Bids." The City, however, reserves the ' right to reject any or all bids and to waive any nonconformity In the bids received. • -13- . ' The bidderto whom the award is made shaloexecute a written ' Contract with the City and furnish the stipulated bonds 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, shall be made upon the City's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. ' If the bidder. to whom the award is made fails to enter the contract a5 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 ' corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do ' so 1 .1 �I 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 (1001M) 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 (1000) 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 .14- 1 ' (45j'calendar days from the date of execution of the contract has t 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. Assirnncnt 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 Nates Attention is specifically directed to all -previsions of the Labor Code of the State of California with regard to workmen ' and waves. Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids," ' •Building Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of,the project. No extra compensation shall be made therefore. ' SECTION 3 SPECIAL PROVISIONS 1 1. Work to be Done The work to be done consists of the reconstruction of an ' existing 21 inch sanitary sewer line along San Juan Creek and all appurtenant work as shown on the plans and defined in the specifications. 2. Standard So_ecifi_cations The contractor shall perform his work in accordance with the Standar; Specifications for Public Forks Construction, as last revised, hereinafter referred to as the Standard Specifi- cations. The contractor shall maintain a copy of this book on the job site at all time. The provisions of the Standard Specifications shall be modified as' indicated below: Change 1: "Section 2-4 - Contract Bonds The "Pavment Bond" (Material and Labor Bond) shall be in the amount of 100 percent of the contract price. The "Faithful Performance Bond" shall be held as assurance ' c.f quarantced performance fora period of one vez.r after acceptance of the improvements by the City Council. ' Change 2: "Liability Insurance" The autounts and provisions of insurance arc modified to be: Bodily Injury: $ 500,000 each person Bodily Injury: $1,000,000 each accident Bodily Injury: $1,000,000 aggregate products Property Damage: $ 500,000 each accident ' Property Damage: Property Damage: $ 500,000 aggragate operations $ 500,000 aggregate protection Property Damage: $ 500,000 aggregate products Property Damage: $ 500,000 aggregate contractual The contractor shall likewise obtain public liability and property damage insurance to cover vehicles used or maintained by him, whether on or off the premises, with ' liability limits of not less than $500,000, for any one person, and $500,000 for any one accident, and property damage of $500,000. -The insurance amounts set forth herein ' are the minimum amounts required by t)ie City. Other agencies with which the contractor may be involved in the ' accompli_hinent of the work may require greater amounts. -23- The City will not recognize any claim for additional com- pensatiom because of the requirement for greater amounts of insurance, as an element to be considered by the con- tractor in determining his bid. ' Change 3: "Section 8 - Facilities For Agency Personnel" Delete this section. 3. Terms Defincd ' Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City Departments or persons shall be intended: AGENCY shall mean City of San Juan Capistrano wherever 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 " time:, 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 accord- ingly. 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 Orange County Waterworks District q4. Arrangements for temporary construction water service permit and water service may be made by contacting Orange County Waterworks District #4 at (714) 493-1515 one week prior to need for service. All water facility construc- tion shall conform to the "Standard Specifications, O.C.W.D. 14" and "The Uniform Plumbing Code, 1973." The cost of the water, permit, transporting and applying ' said water is 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 applying the water. -24- - 0 ' 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 Mprotect all of the existing utilities. 8. Protection of Private Property The Contractor must remain within the construction zone to the best of his ability. The contractor must protect all existing pri- vate property. ' 9. Soil Report ' A copy of the Preliminary Geotechnical Investigation Report for the adjacent Tract No. 9686 is available for review at the office of the City Engineer. ' 10. Protection of Public Property The Contractor shall be required to protect in place the existing ' A.C. Bike Trail within the Orange County Flood Control District Right - of -Way. The Contractor shall provide safe passage along the existing bike trail or if not possible, a paved detour approved by the City ' Engineer shall be provided. 11. Permits The Contractor shall acquire all necessary permit(s) from the County of Orange Flood Control District and a permit and bond, in the amount of $50,000, to the South East Regional Reclamation ' Authority for protection to their existing truck line sewer. -25- SPECIAL40ROVISIONS OF ITEMS OF WOR&ND 'METHOD OF PAY \E N ' BID ITEM 1: 24" VITRIFIED CLAY PIPE ' The workmanship and materials included in the work prescribed for bid Item 1 shall be in conformance with the provisions of the standard specifications for Public Works Constrtiction, 1976 edition as last revised and the Special Provision for the construction of ' sanitary'sewers of the City of San Juan Capistrano. The Contractor shall furnish and place the 24" V.C.P. sewer to the ' line and grades as shown on the plans or staked in the field. Excavation, bedding, compacted backfill within the excavated trench ' and all other related items of work as prescribed in the Special Provisions for the City of San Juan Capistrano are included in the unit price bid. ' Elevations of all connecting inverts shall be verified in the field prior to commencement of construction. ' Protection of all existing utilities, bike trail and sewerlines, shall be the Contractor's responsibility and included in the unit price bid. If the bike trail must be detoured during construction, such detours. shall be paved and remain men at all times. The cost of such shall also be included in the unit price bid. PAYMENT The unit price per linear foot for the Item "24 inch V.C.P. Sewer" shall include all labor, materials, tools and equipment for the ' placement of the 24 inch V.C.P. sewer and no additional compen- sation will be made therefor. BID ITEM 2: 60" SEWER MANHOLE The workmanship and materials included in the work prescribed for ' Bid Item 2 shall be in conformance with the provisions of the Standard Specifications for Public Works Construction, 1976 Edition as last revised and the Special Provisions for the Construction of ' Sanitary Sewers of the City of San Juan Capistrano. ' The Contractor shall furnish and construct 60" sewer manholes to the lines and grades as shown on the plans or stake in the field. ' All removals of interfering portions of the existing sewer lines shall be to the satisfaction of the Engineer and are included in the unit price bid. -26- ' , N ' PAYMENT '1 0 The unit price each for the Item "60 Inch Sewer Manhole" shall include all labor, materials, tools and equipment for the construc- tion of the 60 inch sewer manholes and no additional compensation will be made therefor. BID ITEM 3: CONNECTION OF EXISTING DOUBLE 10 INCH SEWER The workmanship and materials included in the work prescribed for Bid Item 3 shall be in conformance with the provisions of the Standard Specifications for Public Works Construction, 1976 Edition as last revised and the Special Provisions for the Construction of Sanitary Sewers of the City of San Juan Capistrano. ' The Contractor shall perform this connection to the satisfaction of the Engineer. rRemovals of all interfering portions of the existing double 10 inch sewer line shall be to the satisfaction of the Engineer and ' are included in the lump sum amount. , PAYMENT The lump sum price bid for the Item "Connection of Existing Double 10 Inch Sewer" shall include all labor, materials, tools and equipment for the connection of the existing double 10 inch sewer ' and no additional compensation will be made therefor. ' BID ITEM 4: REMOVE EXISTING SEWER MANHOLE AND PLUG LINES ' The workmanship and materials included in the work prescribed for Bid Item 4 shall be in conformance with the Provisions of the Standard Specifications for Public Works Construction, 1976 Edition as last revised and the Special Provisions for the Construction of ' Sanitary Sewers of the City of San Juan Capistrano. The Contractor shall remove the existing sewer manholes to the top ' of the pipe and plug sewer line to the satisfaction of the Engineer. The Contractor shall remove from the site all undesirable materials resulting in the removal of said manholes and dispose of them in a manner meeting the approval of the Engineer. This item of work shall include the removal of the most down -stream sewer manhole at Station 25 + 36.22 for reconstruction purposes. -27- 1 ' SPECIAL PROVISIONS INDEX Section Title 1 . Work to be Done ' 2 Standard Specifications 3 Terms Defined ' 4 Flow and Acceptance of Water 5 Water 6 Insurance and Overhead ' 7 Protection of Existing Utilities ' Q Protection of Private Property SPECIAL PROVISIONS OF ITEMS OF WORK AND METHOD OF PAY14ENT ' Bid Item 1 24" Vitrified Clay Pipe Bid Item 2 60" Sewer Manhole ' Bid Item 3 Connection of Existing Double 10" Inch Sewer Bid Item 4 Remove Existing Sewer Manhole and Plug Lines 1