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1981-0303_CAPPELLO CONSTRUCTION CO._Notice of Completion Oi80%W TV.CAL IPIINIA --EXE�rAPT -1250 PM JUL 14 '81 t , LEE A.MMNCM, C F R�earA�r RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 8K 14139PG 1322 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto Mary An anov r, 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 Company, 30281 Malaspina Road, San Juan Capistrano, California, 92675, who was the company thereon for doing the following work, to wit: CONSTRUCTION OF LOBO STREET 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 7th day of July 1981 by Resolution No. 81-7-7-2 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 7th day of July 19 81 . Mary-An anover, City Clerk of the City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I , MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 7th day of July 19 81 (SEAL) Mary Ann nover, City Clerk of San Juan apistrano �. •CONTRACT CITY COPY This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and Cappello Construction hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS : FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids , the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion 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 Lobo Street 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 adj.usted 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. COMMP.::CEMENT AND COMPLETICI7 ''F 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 Dre- vailing rate of ror 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. COMPLIANCY: 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. C SAN JUAN APISTRANO DATED: 3 - 3 - $/ BY �� Y L. SD RFER, MAYOR APPROVED AS TO FORM: C/Z •fiL-%�� v `"T //_ CLERK ,r� CITY ATTORNWY ✓ - CappAllo Construction DATED: 3 - 3o - 91 CODRACY BY -18- • (SAMPLE) BID BOM \ S nTOW ALL MEN BY MESE PRESENTS, that we, as Principal , and existing under the lawS of the StC.te of , and whose principal office is located in the City of ,. as surety are jointly and severally bound unto the CITY OF SAN JUAN CAPISTILANO of Orange County , California, in the sum of DOLLARS ($ ) , lawful money of the United States of America to be paid tc the said CI'iY OF SAN JUAN CAPISTP.ANO, for which payment well and truly to be made, we bind ourselves, our heirs, successors , executors , adminis- trators and assigns, jointly and severally, by these presents . THE CONDITION OF TRIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 19 , for the construction of for the CITY OF SAN JUAN CAPISTRANO, Orange County, California. NOIi, TItEI:EFO^E, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall within fifteen (15) days after thc: agreement has been presented to him for execution enter into a written contract with the City in accordance with the bid as accepted, and if tte Principal shall give the required bond with good and sufficient sureties , or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materi- almen, or in the event of the withdrawl of said bid within the peric•ds specified, or the failure to enter into sail contract and give said bond within the time specified, if the principal shall within sixty (60) days after request by tt.e City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the alove obligation shall be void and, of no effect , otherwise to remain in full force and virtue . IN NITNE:;S WIIER.EOF the above-bounden parties have executed this instrument under tLeir several seals this day of , 19 , the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (if individual) PRINCIPAL By ATTEST (if corporation) Title Title Corporate Seal SURETY. ATTEST By Title Title Corporate Seal -19- 7. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - CONSTRUCTION OF LOBO STREET (CAPPELLO CONSTRUCTION) (38) Written Communications: ✓(83) 1) Report dated July 7, 1981, from the Director of Public Works, advising that the storm drain sewer and street improvements for Lobo Street in Los Rios have been completed to the satisfaction of the City Engineer. Approval of Change Order No. 1 is also requested for construction of a special transition structure, guard- rail, and extra grading. . Acceptance of Work: T t� oTlowing Resolution was adopted: RESOLUTION NO. 81-7-7-2, COMPLETION OF CONSTRUCTION OF LOBO STREET - 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 LOBO STREET The Resolution accepts the construction of Lobo Street and - directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Payment status is as follows: Total project cost $57,900.38 Less 108 retention 5,790.04 Total due to date 52,110.34 Previous payments 21,867.30 Amount Due (The total includes $7,429.07 forcontract Change Order - No. 9) The 108 retention is payable 35 days after recordation of the Notice of Completion; staff is authorized to make the payments as indicated. ' AGENDA ITEM July 7, 1981 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Final Report - Construction of Lobo Street (Cappello Construction) - Contract Change Order #1 SITUATION The storm drain sewer and street improvements for Lobo Street in Los Rios have been completed to the satisfaction of the City Engineer and are ready for acceptance by the City Council and recordation with the County Recorder. Contract Change Order #1 is for extra work including construction of a special transition structure, guardrail and extra grading. FINANCIAL CONSIDERATIONS The final payment status is as follows: Total project cost $57 , 900. 38 Less 10% retention 5 , 790 . 04 — Total due to date 52,110. 34 Previous payments 21, 867 . 30 Amount due $30, 243. 04 (This total includes- $7429. 07 for Contract Change Order #1) This was a federally funded project and a grant of $54 ,000 . 00 was made by the Housing Community Development Agency (HCDA) . ALTERNATE ACTIONS 1. Accept the project as complete. 2. Do not accept the project as complete. 3 . Request further information from staff . RECOMMENDATION By resolution, determine that the work 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 $57, 900. 38 . Direct staff to release the 10% retention thirty-five (35) days after the recordation of the Notice of Completion. Respectfull ubmitted, -- — ILJa�A. FodL i W. D. Mu"rphy ��77 WDM:MG/nep C� f'" Encl. FOR CITY COUNCIL AGENDA .�.... / RESOLUTION NO. 81`7-7-2 COMPLETION OF CONSTRUCTION OF LOBO STREET 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 LOBO STREET WHEREAS, on the 3rd day of March, 1981 , the City of San Juan Capistrano entered into a contract with Cappello Construction Company for the construction of Lobo Street; 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 $57 , 900. 38 . 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 7th day of July 1 1981 , by the following vote,otwit: AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer and Mayor Schwartze NOES: None ABSENT: None �/`�� / „ i PHILLIP SCHWARTZE, MAYOR ATTEST: �l ��?�fi�> >/ CITY C ER -1- STATE OF CALIFORNIA ) : COUNTY OF ORANGE ) ss. • CITY OF SAN JUAN WISTRANO ) 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. 81-7-7-2 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of July 1981 (SEAL) RY ANN . AN VER, CITY CLERK I ! STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss, AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I I 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 day of , she caused to be posted: I RESOLUTION NO. 81-7-7-2 being: COMPLETION OF CONSTRUCTION OF LOBO STREET i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF I SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS { FOR THE CONSTRUCTION OF LOBO STREET C in three (3) public places in the City of San Juan Capistrano, i to wit: The Administration Building; The San Juan Hot Springs Dance Hall; The Orange County Public Library. t -MARY ANN/,HANOVER; City Clerk San Jua " Capistrano, California -2- (71�� l�;JITI! .�llQil7 (J�l,��iCll12d y 32400 PASEO ADELANTO SAN JUAN CAPISTRANO.CALIFORNIA 92675 `PHONE 493.1171 M Y March 20, 1981 Cappello Construction 30281 Malaspina Rd. San Juan Capistrano, Ca. 92675 Att: Walter Cappello Subj : Notice To Proceed Dear Mr. Cappello; As per your contract, you are hereby directed to begin work on Lobo St. within 15 days. Please consider this letter your official notice to proceed. Very truly yours, City of San Juan Capistrano v o ,eo-o George Lohnes City Engineer GL/bb • (SAMPLE,) •Premium Included BOND N LABOR AND' MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS:. That WHEPEAS, the City of San Juan Capistrano, a municipal ^ Cprporati n of Orange County, California, has a%::crded to License No . 0351 , herfeinaft 'r desi *hated s "Prii ipal , " a contract for & ai x �� �itic rJ and r WHEPEAS, said Principal is required to furnish a bond in connection with the said contract provi.din.- that if said Principal, or any of his or its sub-contractors , shall fail to pay for any Materials, previsions , provender or other supplies or teams used ' in, upon, for or about the performance of the work contracted to be done , or for any work or labor done thereon of any kind, the surety or thio bond will pay the same. NOW, T principal , and �i IYIp��A� � MAN,(UMPANT as surety are held firm_•.y bound unto the City of San J an Capistrano, a� municipal01 oration, in the penal sum of r �� �✓ DOLLAPS CS �� ,20�.BU ) , lawf l money of the United States of America, for payment •_)f which sum well and truly to be made we bind ourselves , our heir.; , executors , administrators and successors, jointly and severally, firmly by these presents . TIIE CONDITION OF TEAS OBLIGATION is such that, if said princip:.l , his or its heirs , executors , administrators , successors or assigns , or sub-contractors , shall fail to pay for any materials , provisions , provender, or teams , or other supplies or equipment used in, upon for or,about the performance of the work contracted 'to be done, o:• for any work or labor done thereon of any kind , or for amounts dve under the Unemployment Insurance Act with respect ' to such work or labor as required by the provisions of Title 1 , Division 5 , Chapter 3 of the Government Code of California as Amended ) i.11at the surety will pay for the sa!: o :.n an amount not L. , exceeding the sum specified in this bond and also in case suit is brought upon the bond , a reasonable attorney' s foe to be fired by the court . This bond shall inure to the ben•^fit of any and all persons , companies and corporations entitled to file claims 1 under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond . FURTIM R, the said surety, for value received, hereby gtipulalos and agrees that nt, change , extension of time , altera- tion or codification of the contract documents or of the work to ' be performed thereunder shall in any way. affect its obligation on this bond and it docs hereby waive notice of any such change , ex- tension of. time, alteration or moclification of the contract documents Or Of work to be performed thcrcundcr, -21- State of California County of Los Angeles ss. On This c ✓�iS day of19at before me personally came Arthur J. Clement, .Ir_ to me known, who being by me duly sworn, did depose and say: that 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 C rporation, and that he signed his name #o b like authon . LL:L SEAL ENTNcR J }� "I ,LiFU�RNIA f•L OLF,CE IIJ a,�o (Notary Public) CIES COUNTY My Expires Apr. 27, 1954 ' IN 71T-11,ESS WHEREOF thrgc (^) identical counterparts of this Instrument, each of which shall for all purposes be deemed an original thereof , have been duly executed by the Priiccipal and surety herein named 1 on the day of -!j/ , 19 S/I The name and corporate seal of each corporate party being hereto afi'ixcd and these presents duly sigmed by its undersigned representatives pursuant to authority of its governing body. 1 ' PRINCIPAL By JVENANT TUAL IN RA E CO AN By COVENANT MUTUAL_I URANCE COMPANY "Arthur y. Ciernent, J<\� SUrtE7� . Lm �. csmiflz ATT0RN9Y•IN•FACT I 1 -22- COVENANT MUTUAL INSURANCE COMPANY Hartford,Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make,constitute and appoint Arthur I Clement, Jr, its true and lawful Attorney(s)-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 foilows: 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 tsl-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 aseal isrequired,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-iaws 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 seat, 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. COVENANT MUTUAL INSURANCE COMPANY By (;Llega 'g—r.Za&- Vice PresidiAt Attest: Assistant Secretary ,,° s� , STATE OF CONNECTICUT ) e !y ss: COUNTY OF HARTFORD s�'ea e, ►Moa 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 COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument:that tney 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. / re MST,+r,7; Notary Public sr: .•+ :n i - My commission expires March 31, 1978 ���atCFlCut,r 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 c;231aday of �✓ 19 d7I� Assistant Secre y Premium Included ' y (SAX4") • BOND N O1.21��7 PREMIUM $ ye (`e ' FAITIFUL FTTFC-;XICE B?L KNOW ALL LIEN BY THESE PRESENTS: Mat WIERMS, The City of San Juan Capistrano, a }unicipal corporation 1 of Orange County, California, has ae'arded to License No. , hereinafter desi nat d astract for oo-„� r�e c� La 1, nl`id� uQ� �t� + a�iir and ' WHERPAS, said Pr-i'nciippaal is required under the terms of said Contract to furnish a bond for the faithful performance of said contract. as Principal , andN� b � 1Rpf �ui �nri n , as surety, are held and firmly bound unto tile city of San Juan Capistrano, a mu icipal corporation -a Prange County, alifornia, in the penal sum of ,Q 40y �1� )GLLAP.S ( ���0(�.p� �) law ul money of tl:e united States of America, for payment .of which sum, well and truly to be made, we bind ourselves , our heirs, executors , adtr.inistrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF TIIIS OBLIGATION is such that, if the hereby bounden Principal, -his or its heirs, executers , administrators, succes- &ors or assigns , shall in all things stand to and abide. by and well and truly keep and perform all the undertakings, terms, covenants , conditicns , ■ and agreements in the said contract and any alteration thereof , made as therein provided , all within the time and manner therein designated and in All respects accorcing to their true intent and meaninl-, then this obli- gation shall become null and void, otherwise it shall be and remain in full Force and virtue . FURTHER, , the said surety, •for value received , hereby stipulates and agrees that no change, extension of time , alteration or modification of the contract documents or of the work to be performed thereunder, Shall in any nay affect its obligations or this bond , and it does hereby waive notice of any such change , extension of time , alterations or m.di- fli ati0^.S Of the cc P-tract documents or Of weriK. t0 be nerf Ormed thereunder. ' IN WITNESS NIIERBOF three (3) identical counterparts of this instrument, c:1ch of which shall for all purposes be deciaed an original thereof , have: been duly executed by the Principal and surety herein named , on the �,3 Q day of nt&.t� , , 19 f/ , the name and corporate seal of each corporate party being hureto affixed and these presents duly signed by its undersigned- representative pursuant to authority of its governing budy. 1 PRINCIPAL COVENANT MUTUAL INSURANCE COMPANY By C/O SOUTH COAST SURETY GENERAL AGENGY• INC. , 141 S. LA!". -1 10 BY. ;1VENANi INS RC COMPANY COVfNAN�M SURANCF�CONIPANY By Arthur J. Clement 'Jr. -20- �Em c/? c mitfi ATTORNEY-m-PACT State of California County of Los Angeles f ss. �/ On this �.� day of 191, before me personally came • to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)-in-Fact of Coyenant 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 Corporation, and that he signed his name thereto by like authority. Qg b �P,F_T r�T O -� (Notary Public) DSD u �F` rn 'Fr HN(A 0;i;C, IN ." . .. .._�S C'LiNTY COVENANT MUTUAL INSURANCE COMPANY Hartford,Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut,does hereby make, constitute and appoint Arthur I Clement, Jr, its true and lawful Attorneys)-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(sl-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 drily 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 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 RESOLVE: That the signature of any offirer 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. COVENANT MUTUAL INSURANCE COMPANY By C;L ) Vice PresidtAt Attest: it F7r`Ll�Yto ;tiJs,� tra��s Assistant Secretary STATE OF CONNECTICUT �� c ss: COUNTY OF HARTFORD s��eo " 16 16 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 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. / ??;�OTA Ar f ': Not.ry Public j w .•• - My commission expires March 31, 1978 t..i.e��. CERTIFICATION 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 23/+,"q day of 19 Assistant SecrAt y ' B I D P R %O P O S A L ' For the : CONSTRUCTION OF LOBO STREET From: CAPPELLO COOT 19S 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 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: W.0 TL�mQMva VtL� !kSa , ° 4 .20(,P0 bs•C 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 tho 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 c ,;nence work within fifteen (15) calendar days from the date of e::ccution thereof, and to ' diligently pi-osecute the work to completion before the expiration of _ clays. -4- ' 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 1 difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the ' City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this .proposal . ' Accompanying this proposal is C$S hLeV" 5 (insert "$ cash" , cashier 's check, certified check or ' bidder's bond, as the case may be) in an amount equal to at least ten percent (102) of the total bid. ' The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Ccx, Y/!o I _5- Licensed in accordance with an act providing for the registration ' of contractors -- License No. 35 ' Signature of Bidder: (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co- partners composing the firm: president, secretary, treasurer and manager thereof. ) � µrotyt��Z"7' CAPPrIt_� � . DATED: Ok9i> ELco t� �ES. I ' -�o2.€ I mALASPIr(.A R () . STS 92b�T Business Address Phone 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. S- Q ' Signature of Bidder Date Phone Plumber 1 -6- � i • ' SCHEDULE OF WORK ITEMS ' Bid Item Approximate Work Item With Units Unit Total Quantity Price Price 1. L.S. Clearing, grubbing, fill $ �5no. Ob $ 1. 500.00 and excavation for the lump sump!ice of ollasllcQil�� 2. A* Tons Furnish and install A.C. $ A, 00 $ 1 _SLo. >O 160 paving and drainage swales for the unit price of ' ��_0 04d,�. oll s per ton 3. UK Tons Furnish and install Class $ (200 $ 3.768-CC 310C II aggregate base for the unit price of� 1irC�yL ' dollars per ton 4. ll rock $ $ 1�tLETr'D gravel for the unit price 1 of dollars per ton 5. 11 P.C.C. $ $ 0EL.eTED drainage swale for the unit price of dollars per lineal foot 6 . L.F. Furnish and install 12"X2" $ .300 $ P-,2,6 S`0 0 ' 756,34 redwood headers per the unit price of - T ht, Dollars per lineal foot 7. 363 L.F. Furnish and install 24 " RCP, $ Z38,00 $ 13,ZCjQ O C D-load 1, 500 , per the unit ' price of T'VU;,tj EWI, t Dollars per lin al floot 8. 1 each Furnish and install inlet $ 3' 000.0 $ X00000 structure in accordance with Orange County Standard Plan 302 L=7 ' dollars 6-a 1 � � Bid Item Approximate Work Item With Units Unit Total Quantity ` Price Price '}OO.00 9 . 2 each Furnish and install street $ 2-00,00 $ MEN L0 name signs for LOBOS Street- MISSION Street and LOBOS St.- RAMOS Street for the unit price of 1_ l NJJ,n «ncL dollars 3,30©.DO 10. 3 each Furnish and install sewer $ I , lp0.00 $ W manholes for the unit price. Of OP HI AI old lars 11. 3 each Furnish and install junction $ 1.200.00 structure Type I , Orange County Standard Plan 310 , for the unit price of dollars 12. 297 L.F. Furnish and install 8-inch $ 1!5,00 $ 4.4-55 , 0 diameter sewer pipe for the unit price of �: ollars P 13. 109 L.F. Furnish and install 18-inch $ '_37, 00 $ +,o33. 0 diameter slotted drain pipe for the unit price of I —cellars 14. 14 L.F. Furnish and install 18-inch $ 2-0.00 $ 280.00 corregated steel pipe for the unit price ofb� QQi„� 15 . 96 L.F. Furnish and install 4-finch $ 13.00 $ 1, 2.48.0 0 I diameter sewer lateral for the unit price of �hlxemo dollars TOTAL $ 49. z.0� 00 1 6-b 1 1 ' NON-COLLUSION AFFfDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID ' STATE OF CALIFORNIA ) ' County of 0RAtJG- E ) ss . n/A, LTE R C N P P E (- (- o being first duly sworn deposes and says that he is E Sin E N D of ' C A, PPELL0 C0NSTRUCT( 0(Q' � INC - the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid ' is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or 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 . 1 -7- I r • ON E[3 (a(U& Rv t88t before me, the undersigned, a Notary Public in and for said State, personally appeared I. WRLTT--R CAPPELLO 1 to be the person whose name IS subscribed to the within Instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. Notary P lic in and for said State. I '-e5":!3*-.2F 6PHA:73iiHAi3HH3HHHBHCA4Ht^H39:C9D0FSDOCI iHAHD� -- JAMMILA UPA - yF xrr-es cc 24,ISSA 1-,.eec...m•;a'i.d.a2 c;;a.:aHarceH;aa,zr.a:4u:uat!raaDHYt 1 1 1 1. AWARD OF CONTRACT - LOBO STREET CONSTRUCTION (LOS RIOS AREA) (23) Written Communications: (38) Report dated March 3, 1981, from the Director of Public ,:(83) Works, forwarding The results of the bid opening held February 27, 1981 for the construction of Lobo Street. The project consists of the construction of a storm drain, sewer and road parallel to Los Rios Street and connecting Ramos and Mission Streets. The project is part of the Los Rios Program and subject to Federal requirements and funding (Housing s Community Development Act) processed by the County of Orange. Award of Contract: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to award the contract for the Lobo Street improvement project to Cappello Construction Company of San Juan Capistrano in the amount of $49,206.00, and to- reject all other bids. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. -7- 3/3/81 AGENDA ITEM March 3, 1981 TO: James S. Mocalis , City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract - Lobo Street Construction SITUATION Staff is requesting approval of the bids received for the subject project and award of the contract to Cappello Construction. The project consists of the construction of a storm drain, sewer and road parallel to Los Rios Street and connecting Ramos and Mission Streets. The project is part of the Los Rios Program and subject to Federal requirements and funding (Housing & Community Develop- ment Act) processed by the County of Orange. FINANCIAL CONSIDERATIONS The low responsible bid is $49 ,206 .00 . A summary of the bids received is attached. The amount of funds available to reimburse the City for expenses incurred is $54 ,000 . Funds expended subject to reimbursement shall come from gas tax funds, and excesses are to be funded by the budgeted Los Rios Project. Excesses shall only occur if numerous extras are approved. ALTERNATE ACTIONS 1. Award the contract. 2. Do not award the contract. 3. Readvertise the project and consider new bids. RECOMMENDATION By motion, award the contract for the construction of Lobo Street to Cappello Construction in the amount of $49 ,206 .00 and reject all other bids received. Authorize the Mayor and City Clerk to execute the document on behalf of the City. Respectfully submitted, W. D. u� W. D. Lure WDM:GML/rem Encl. Rot Gf v rni lv! ! I D n FG -- -]It�BS jdla 'FP,s acs 19% �a. b.;;, : 0 rle } . (ONI TOEFW TI oN @F LOBO STREET LLC 1Ztos 6&4 [ BIDDER A NI OU NT GL,q,�,cs Ca3csx n�v 5 o%�s —T- -- PROOF OF PUBLIXON This space 14% the County Clerk's Films Stamp (2015.6 C.C.P.) STATE OF CALIFORNIA, County of Orange City of San Clemente Proof of Publication of NOTICE INVITING BIDS ......................................................_..................... I am a citizen of the United States and a resident ................... .................... of the County aforesaid; I am over the age of �x eighteen years, and not a party to or interested NOfiI 38 in the above-entitled matter. I am the principal Giv�Ai p1b tom` ,` Juap. .,s clerk of the printer of the San Clemente Sun-Post flesldssle ) a newspaper of general circulation printed and OR t6a wh� DAILY t9ei , published ---•..... ......... ............._.....-............-.-... .... - -• .. in the City of San Clemente County of Orange, and which newspaper has been oitleet s = adjudged a newspaper of general circulation by +el e + the Superior Court of the County of Orange, State Jim of California under the date of March 11, 1°60, Adeten o� J a r Case Number A9140; X at, 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 s, on the following dates, to-wit: ................................ February 10 and 17 all in the year 19....81 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California. this 17th day of 19 February 81 _....... ----...- ........... Signature SA;: CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 714-492-5121 'INOTICE OF TRANSMITTAW LEGAL PUBLICATIONS TO: DAILY SUN-POST Helen Nielsen, Legal FOR PUBLICATION ON: TUESDAY, FEBRUARY 10 , 1981 AND TUESDAY, FEBRUARY 17, 1981 DOCUMENT(S) TO BE PUBLISHED: NOTICE INVITING BIDS - CONSTRUCTION OF LOBO STREET (LOS RIOS AREA) PROOF OF PUBLICATION: Please send to: Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: DATE: February 4 , 1981 Date of Bid Opening 2/26/81 Date (s) notice published 2/10/81 & 2/17/81 Date affidavit received Date notice posted in designated posting places (3) 2/10/81 Date notice (s) posted on property n/a Date of mailing notices to property owners n/a NOTICE INVITING BIDS CONSTRUCTION OF LOBO STREET (LOS RIOS AREA) Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the construction of Lobo Street (Los Rios Area) until 2: 00 P.M. on the 26th day of February 1981 A pre-bid conference is scheduled at 10 :00 A.M. on the 23rd day of February , 1981 , 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: February 4 , 1981 CITY CLE CITY OF AN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA x N OTICE INVITING B I D S Public notice is hereby given that the City of San Juan , Capistrano will up to 2:00 p.m. on the 26th day of _February 1981, s receive sealed proposals or bids for the Construction of Lobo Street (Los Rios Area) , 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. Bids received after the above date and time shall be rejected. 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 23rd day of February, 1981 , 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 present(:d to the bidders in any manner. - 1 - i r • 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 and a Labor & Material 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 100 consecutive calendar days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages , as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of Plans and Specifications 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 required for obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor' s License number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. _2_ 0 This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 4th day of February 1981 v CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- 7. APPROVAL OF PLANS, SPECIFICATIONS, AND CALL FOR BIDS FOR STREET IMPP.OVEMENTS - LOBO STREET AND APPROVAL OF FUNDING AGREEMENT (LOS RIOS AREA) (23) Written Communications: d((38) Report dated February 3, 1981, from the Director of Public 83) Works regarding the proposed construction of a 20' wide (89) connector street, storm drain and sewer between Mission and Ramos Streets in the Los Rios area to be known as Lobo Street. Approval of Plans, Specifications, and Call for Bids: It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to approve the plans and specifications and authorize a call for bids for the construction of Lobo Street, storm drain, and sewer. In response to Councilman Buchheim, it was clarified that the street surface coating would be black in color, due to costs of transporting brown colored material. Notification to Residents: Council directed that residents of the affected area be notified of the proposed construction Prior to implementation. Approval of Agreement for Housing and Community Development Act Funding: It was moved by Councilman Friess, seconded by Councilman Schwartze and unanimously carried to approve the Agreement with the Orange County Office of Housing and Community Development for receipt of Housing and Urban Development funds in the amount of $35,000 over and above the $19,000 previously granted. i 4t AGENDA ITEM February 3, 1981 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 - Lobo Street , Los Rios (HUD/HCDA) SITUATION Staff is requesting authorization to advertise and receive bids for the subject project. The authorization is requested conditional upon approval by the County of Orange Housing and Community Develop- ment Office (HCDA. ) At the time of writing this memorandum, the approval is anticipated prior to the City Council meeting, but it may be delayed for a short period. The project consists of the construction of the connector road between Mission and Ramos Street in the Rios area. This road is a phase of the programed improvements resulting from the Los Rios precise plan. The improvements consist of a twenty foot wide street with gravel shoulders, storm drain and sewer. FINANCIAL CONSIDERATIONS The project is to be financed by HUD funds provided by the County HCDA office as Housing and Community Development Act funds. There are $19 , 000 immediately available, and an agreement shall be pre- sented at the February 17th City Council meeting which shall provide an additional $35 ,000 . The project is estimated to cost $54 ,200 . ALTERNATE ACTIONS 1. Approve the advertising for bids. 2. Do not approve the advertising for bids . 3. Delay authorization until revisions to the plans are made. RECOMMENDATION By motion, approve the plans and specifications for Lobo Street (HUD/HCDA) and direct the Director of Public Works to advertise and receive bids upon authorization to do so by the County of Orange Office of Housing and Community Development. Respectfully submitted, . � eI � W. D. Murph WDM:GML/rem FOR C TY COUNCIL AGENDA . . 97 RECEIVED MAA 5 2 o4 FM '61 P17 '( Or SAN, IUAN February -25, 1981 11 A�, ,� --P A., Claudia Mirkin 1400 Benedict Canyon Beverly Hills, CA 90210 Re: , Right of Way, Lobo Street The City of San Juan Capistrano intends to construct Lo o Street across your property, from Mission Street to Ramos Street. In exchange for the right to do this on your property, the use of the improvements without cost to you is offered. This does not apply to development fees but only to the cost of construction. The improvements consist of street, storm drain, and sewer con- struction. We are requesting the right to enter upon your property to construct the improvements indicated on the attached plan. A deed shall be provided in the near future to accommodate the ultimate improvement. The facilities in the road right-of-way such as fences and accessory structure are intended for removal by the contractor. If this request is acceptable please so indicate by signing below. Very truly yours, CITY OF SAN JUAN CAPISTRANO p) George M. Lohne City Engineer GML/rem 324GC) PASEO ADELAN'I0 SAN JUAN CAPISTRANO.CALIFOFNIA 92675 PHONE 497.1171 April 3 , 1981 Cappello Construction Company 30281 Malaspina Road San Juan Capistrano, California 92675 Re: Construction of Lobo Street Gentlemen: The executed contract, required bonds and insurance for the construction of Lobo Street, awarded to your Company by the City Council at their meeting of March 3, 1981, have been received in this office. Enclosed please find your Cashier's Check in the amount of $5 , 000 . 00 from Crocker National Bank, submitted as the bid bond for the above-mentioned project. Thank you for your cooperation. Very truly yours, MARY ANN W, HOVER, CMC City Clerk MAH/cdc Enclosure cc: Director of Public Works CROCKERnflTlOAALRAAK 04000748 721;20 ORTE FeUrua-,r 25, 1981 PRY iOTHE - Cit of San Juan Capistrano 'r # �` *5 000,00 ORDER OF Y P S � . CROCKF.R �' pnn rr, wan ,mei [,.AT;0NIL.G;';; I"711 111 , h ;,.� OOLlRRS •. •UTRUR�tURE - 11'04000 74811' 1: 12 20-00081: 9 i 57 50 28 iii'40 i i Pay to the order of Cappello Construction Company City of San Juan Capistrano Mary Ann $anover, City Clerk Deputy City Treasurer f al;JiiI f4g111- t� rJf/rcc�ul 32400 PASEO ADELANTO 3 i SAN JUAN CAPISTRANO•CALIFORNIA 92673 'PHONE 493.117J' ", March 12, 1981 S. L. Hand Tight Spot, Inc. (DBA) 22981 Triton Way, Suite D Laguna Hills, California 92653 Re: Construction of Lobo Street Dear Mr. Hand: At their meeting of March 3, 1981, the City Council awarded the contract for the construction of Lobo Street to Cappello Construction. Enclosed please find your Cashier's Check in the amount of $6 ,235. 00 from Manufacturers Bank, submitted as the bid bond for the above-mentioned project. Thank you for submitting your bid to the City. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH/cdc Enclosure cc: Director of Public Works Tight Spot,Inc. CASHIER'S CHECK 20 N2 32762 11222' I BMANUFACTURERS BANK 1201 Dove St., Newport Beach, California 82660 Date 2/26AI Pay .y'a'�rFKi�•.•""` L,, .nlW,I{�A:�nlllN�inP 1::. Ili'i .: Tatheuzderof * * * * CITY OF SAN JUAN CAPISTRANO * * * * s6,235.00*** • Authorized signature4Y 1100003276211' I: i222260761: 20•�t820 8811• t , Pay to the order of S. L. Hand, Tight Spot, Inc. (DBA) City of San Juan Capistrano Mary Ann�iano er, City Clerk/ Deputy City Treasurer V 4 CERTIFICATE OF INSURANCE • ausau insurance Companies This is to certify that The insurance policies (described below jftVIY mber) written on forms in use by The c%rlpany have been issued. This certificate is not a policy or a binder of insurance and ojp I YM Y!. ay alter, amend or extend the coverage afforded by any policy referred to herein. A ` I2 2' PM ;B' Name and address of Insured e IT I, r1f r 54N ,luhh Cappello Construction, Inc. 1�� .- y •,' 30281 Malaspina Rd. Representative No.: 1408 San Juan Capistrano, CA 92675 Place: Santa Ana, CA 92701 Date Issued: 3-31-81 Region: ANA, LA L Kind of Coverage t Expiration Date Policy 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 Workers' State Funds, and Canada) and as designated in the policy and endorsements for Compensation• Coverage B — Employers' Liability. Limits of Liability Bodily Injury I Property Damage General Comprehensive Liabilit1 4-15-82 2022-04-034920 $ 500,000 Each Occurrence $ 100,000 Each Occurrence $ 500,00n Aggregate $ Aggregate Products-Completed Operations: g]Included Excluded Single Limit $ Each Occurrence Contractual-All Written Contracts:K)Included F]Not Covered $ Aggregate Owners',Landlords' $ Each Occurrence $ Each Occurrence and Tenants'Liability is Aggregate Contractual Liability— $ Each Occurrence $ Each Occurrence Designated Contracts Only $ Aggregate Single Limit $ Each Occurrence ++ $ Aggregate Automobile Liability 11 4-15-82 2022-05-034920 $ Per Person WAIT Owned Autos KI Hired and Nonowned Autos $ Per Accident is Per Accident Specified Autos Only Single Limit $ 500,000 Per Accident Umbrella $ 1000000 Each Occurrence Liability 1 4-15-82 2022-06-034920 $ Aggregate Products, -Completed Operations $ 1000:000, Retention in noo Special Provisions/Locations/Specified Autos: Anywhere in the United States of America, its territories or possessions or Canada. If any policy described above is canceled during its term by the company, the company will mail notice ten (10) days before the effective date of such cancellation to the party named below. Not withstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policy(policies)described above is subject to all of the terms,exclusions and conditions of such policy(policies)during the terms)thereof. tThe entry of a number in this column means that the coverage is afforded by the company designated by the same number. Issued to: Issued by (1.) EMPLOYERS INSURANCE OF WAUSAU A Mutual Company • (2.) ILLINOIS EMPLOYERS INSURANCE OF WAUSAU City of San Juan Capistrano (3.) WAUSAU UNDERWRITERS INSURANCE COMPANY 32400 Paseo Adelanto (4.) WORLDWIDE UNDERWRITERS INSURANCE COMPANY San Juan Capistrano, CA 92675 • Signed Authorized Company Re entative 9-]9 nrrD.IN LLS N_ ISI 159]6 Pt.uJLcT �! B I-D SUMMATION DATE DESCRIPTION QUANT UNIT UNIT PRICE TOTAI, JUNIT PRICI TOTAL UNIT PRIC TOTAL -5ccc 454,10 • C` • � ,-rc UVB I�Q� 6 �dS 56c) 73 — 6,-3P1) — 4? ~ ?b` II �z6 — �� ��c� �c� , ; 17 �r� r /4 " k_ C 3 L-F �c — 1?) '7(4 9Z�Lo Z CA 2L0 __ 460 — 7S -3 oA rlc6 .- z too - 6 cz) - ! f )�� r_c Z�ljL , :21 0:A tz. cv _ ���CSo � � — ! C'17 L-F I ZS -- 4jZtCl .5 - /L{ L 116, , Q 4;Zy - ! (e� Oki P 1Or� L.(= �7 Lt C4 !i t C El p !F zv — I 4Z — 1Z —4 '" scic{i t ter. �� 4F- Imo -- r Zcj fill ;� kcC-.A jt-, BID SUMMATION PROJECT ?/ 1�, � CRIPTION QUANT UNITUNIT PRIC TOTAL UNIT PRICI TOTAL UNIT PRIC TOTALcs3 el l.) . c� .4724; �� C2 e '� •72aC1 CJ Fc� ` ({ 19 ;so 7�> -7 , .�� 2-- !s (Z "r Z/) It WC ? , S C_F L = 1 `1 k-cl 1 2 - jr�Zcl�� - �(S- ( mss 11 - CA 2-'77i� 3C•U - jl 3 r A r3g - It /� I �,'' ; ��-- �� L 2`i 7 LF 17 �= r 1 0� 20�C) tae" -�`—' (� 4 � `�Z — !i c. o4, _ u= tea- z0 SIC, ) �L tr zzlt ,a-- l4 -- �,Iq — i __ 5-D C G �. ,c 57 <<_ ��3 I I r. BID SUMMATION PROJECT � = - 6 ' DA 11 DESCRIPTION QUANT UNIT UNIT PRIG- TOTAL UNIT PRIC TOTAL UNIT PRIC TOTAL �rq 00 ,I `7 .34 Lr- 3 2ZS"(,v 2 3 2-2r;Iz — f 't tZ C i� G 1 i 4CQ) - I Vit . 400 — e-lot 00 -c.lot zw�2j , ;nc) � �cr.v— �,c�c, .._ ?k'p- 1�-j0 — <,� tt -7 -7� -7 z40- ��a- t=r I ' C i-1 ti� I�4 LF — Czi 4s t Cr�� 4- Il i I �5 � ill f AND SPECIFICATIONS F,*: Tentative Contract Award nate: C ten , C& ® N _9 Svc 1210-4_ . .. . q�05 _ ec�oK f3 9 b 3- � -r o� t ,l� LO-Lc9 to 6 a-- _� ._ _ Sia+e S (01 1 4a K �. +V% .- 6 3 q - 3-7 p1�►w+n�� c.JR Q N Con1 :ST. 14Gt_. Ped Cca 3p --702-D- - re n /93-� 6A Wch, Z13 j37 - 64�7d VThpS may uatT,� LAG aags'7 Lat T• � C-Ko a� 3� w g� PIA11,10AR16 SPECIFICATIONS r* Lot3o ST. ( cam{ c d Tentative Contract Award Date: � IMAIM ---- Rass _ rt&-er� Cm-ri�. (Z 3 t 5 W�a d L _ (a 3) 'T75-7 3- 38Sa - I _ Ca � D C ,s ,_ 3b 1 Wla� 4q3 - 4b8 I 1 • • RECEIVED 'F February 25, 198A�� IU AN Cliff Blank 31842 Paseo Cielo San Juan Capistrano, CA 92675 Re : Right of way, Lobo Street The City of San Juan Capistrano intends to construct Lobo Street across your property, from Mission Street to Ramos Street. In exchange for the right to do this on your property, the use of the improvements without cost to you is offered. This does not apply to development fees but only to the cost of construction. The improvements consist of street, storm drain, and sewer con- struction. We are requesting the right to enter upon your property to construct the improvements indicated on the attached plan. A deed shall be provided in the near future to accommodate the ultimate improvement. The facilities in the road right-of-way such as fences and accessory structure are intended for removal by the contractor. If this request is acceptable please so indicate by signing below. Very truly yours, CITY OF SAN JUAN CAPISTRANO George M. Lohne City Engineer � /�� _ GML/rem Accep ed 32400 PASEO ADELANTO SAN JUAN CAPISTRANO,CALIFORNIA 92675 PHONE 493-1171 i PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS CONSTRUCTION OF LOBO STREET ADDENDUM No. 1 A. Discussion The purpose of this addendum is to delete the drainage swale using rock gravel and to add asphalt concrete swales. Change Number 1 has been made to the plans to indicate the change and several modifications have been made to the specifications to indicate this change. One other change has been made to correct a typographical error. In the specifications the opening of the catch basin was indicated as 7 inches; it should be 7 feet. B. Changes Plans Typical Sections A & B changed to delete rock and concrete gutter and A.C. swale added. Specifications 1. Page 6a, Bid Item 2. A.C. Paving and drainage swale, quantity is now tons. 2. Page 6a, Bid Item 3 , Class II aggregate base quantity is now 314 tons. 3. Page 6a. Bid Items 4 and 5, Eliminate bid items 4 (rock gravel) and 5, (P.C.C. drainage swale) 4. Page 6a, Bid Item 6, Redwood header is now changed to construction grade, and the quantity is reduced to 756 . 34 lineal feet. 5. Page 27 . Bid items 4 and 5, Delete reference to rock gravel and P.C.C. gutter 6. Page 28 , Bid Item 8, L=7" is changed to read L=71 . Plans, Specifications and Contract Documents Construction of Lobo Streets, Addendum #1 Page 2 C. Construction Bidders may use the attached schedule of work items, Pages 6-a and 6-b for submittal of bids ; this bid shall be attached to the contract documents . Bidders may use the schedule of work in the contract documents and specifications but must make penned corrections indicating deleted bid items and quantity changes. datt George M. Lohnes, C ty Engineer r SCHEDULE OF WORK ITEMS Bid Item Approximate Work Item With Units Unit Total Quantity Price Price 1. L. S. Clearing, grubbing, fill $ S and excavation for the lump sum price of dollars 2. 168 Tons Furnish and install A.C. $ $ paving and drainage swales for the unit price of dollars per ton 3. 314 Tons Furnish and install Class $ $ II aggregate base for the unit price of dollars per ton 4. D E L E T E D 5. D E L E T E D 6. 756. 34 L.F. Furnish and install 2"X8" $ $ redwood headers, construction grade, per the unit price of dollars per lineal foot 7. 363 L.F. Furnish and install 24" RCP, $ $ D-load 1 ,500 , per the unit price of dollars per lineal ft. 8. 1 each Furnish and install inlet $ $ structure in accordance with Orange County Standard Plan 302 L=7 ' Dollars 9. 2 each Furnish and install street $ $ name signs for LOBO Street- MISSION Street and LOBO Street- RAMOS Street for the unit price of dollars 6-a (ADDENDUM NO. 1) Bid Item Approximate Work Item With Units Unit Total Quantity Price Price 10. 3 each Furnish and install sewer $ $ manholes for the unit price of dollars 11. 3 each Furnish and install junction $ $ structure Type I, Orange County Standard Plan 310, for the unit price of dollars 12. 297 L.F. Furnish and install 8-inch $ S diameter sewer pipe for the unit price of dollars 13. 109 L.F. Furnish and install 18-inch $ S diameter slotted drain pipe for the unit price of dollars 14. 14 L.F. Furnish and install 18-inch $ $ corregated steel pipe for the unit price of dollars 15. 96 L.F. Furnish and install 4-inch $ $ diameter sewer lateral for the unit price of dollars TOTAL $ 6-b (ADDENDUM NO. 1) Cloy OF SAN JUAN CAPISTRANO 0, ORANGE COUNTY STATE OF CALIFORNIA PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS - CONSTRUCTION OF LOBO ST. February, 1981 CITY COUNCIL GARY L. HAUSDORFER, MAYOR ANTHONY BLAND PHILLIP R. SCHWARTZE LARRY BUCHHEIM KENNETH E. FRIESS W. D. MURPHY DIRECTOR OF PUBLIC WORKS TABLE OF CONTENTS Title Page CONTRACT DOCUMENTS NOTICE INVITING BIDS . . . . . . . . . . 1 BIDPROPOSAL . . . . . . . . . . . . . . .. . . . . 4 SCHEDULE OF WORK ITEMS . . . . . . . . . . . . . . 6a 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 . . . . . . . . . . . . . . . . . . . 24 FLOW AND ACCEPTANCE OF WATER. . . . . . . . . . . . 24 WATER . . . . . . . . . . . . . . . . . . . . 24 INSURANCE AND OVERHEAD COSTS. . . . . . . . . . . . 24 PROTECTION OF EXISTING UTILITIES . . . . 24 PROTECTION OF PRIVATE PROPERTY . . . . . . . . . . 25 FUNDING . . . . . . . . . . . . . . . . . . . . . . 25 SPECIAL PROVISIONS OF ITEMS OF WORK AND METHOD OF PAYMENT . . . . . . . . . . . . . . . 26 EXHIBIT "A" and EXHIBIT "B" - Follows page 31 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 Engineor 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 elearIv and fully set forth, or if the Engineer discovers errors , -10- 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 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. Proposals Bids to receive consideration shall be in accordance with the following instructions : A. Bids shall be m::de 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 z conflict in the words and the figures , the words shall gok,crn. -11- 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 surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten (10) percent of the amount of the bid. A bid received and not accomp,inied by such cashier' s check, certified check Or approved bond shall be rejected. -12- M • • G. Bids shall be delivered to the City at the location stipulated, on or 'before the day and hour set for the opening of bids , as hereinbefore specified in the "Notice Inviting Bids" . Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons , firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. 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 Inviting f Bids" . Bidders or their authorized representatives are invited 1 to be present. I ' 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 within the forty-five (45) days from the date set for the opening of bids. I The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with i , 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 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 (1008) 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 (1008) 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 100 consecutive calendar -14- (100 ) 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 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" . If Federal Housing and Com=ity Development Act re- quirements exceed the above, the Federal requirements shall prevail. 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. -15- . SPECIAL PROVISIONS • i. WORK TO BE DONE The work to be done consists of constructing Lobo Street in the City of San Juan Capistrano. The construction shall include installing a twenty-foot wide street with drainage swales , a storm drain system and sanitary sewer. 2. STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public works Construction, as last revised, hereinafter referred to as the Standard Specifications. 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 "Payment 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 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 aggregate 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 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 the City. Other agencies with which the contractor may be involved in the accomplishment of the work may require greater amounts. The City will not recognize any claim for additional compensa- tion because of the requirement for greater amounts of insurance, as an element to be considered by the contractor in determining his bid. -23- 3. TERMS DEFINED Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City Departments or persons shall be intended: AGENCY shall mean City of San Juan Capistrano 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 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 Orange County Waterworks District #4 . 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 construction shall conform to the "Standard Specifications , O.C.W.D. #4, and "The Uniform Plumbing Code, 1973. " 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 . Accord- ingly, 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 . -24- 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 private property. 9. FUNDING This contract is partially or totally funded through the Department of Housing and Urban Development, Housing and Com- munity Development Block Grant Funds. Accordingly, specific requirements are included to conform to that Department' s requirements. 10. COMPACTION For purposes of clarification, all pipeline and structure backfill shall be backfilled to a relative compaction of 90% . Aggregate base for street paving shall have relative compaction of 95% . -25- SPECIAL PROVISIONS OF ITEMS OF WORK AND METHOD OF PAYMENT BID ITEM 1 - Clearing, Grubbing, Fill and Excavation This bid item shall include the removal of all vegetation and interfering material within the right-of-way and excavation necessary to construct Lobo Street as indicated on the plans and these specifications . All material removed from the job site shall become the property of the contractor and its disposition shall be the contractor' s responsibility. The workmanship and materials included in the work prescribed for clearing and grubbing shall conform to Section 300 of the Standard Specifications . The workmanship and materials included in the work prescribed for fill and excavation shall conform to Section 300 of the Standard Specifications. The work for this bid item shall include the removal and filling of earth necessary to complete the work to the grades specified on the improvement plans. Payment The lump sum price bid shall include all labor, material, tools and equipment necessary to clear and grub and provide fill or excavation and no additional compensation shall be made. BID ITEM 2 - Asphalt Concrete Pavement and Drainage Swales 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 Specifi- cations and Orange County Standard Plan 805. Payment The unit price bid per ton for asphalt concrete shall include all labor, material, tools and equipment necessary to construct the asphalt concrete paving and no additional compensation shall be made. BID ITEM 3 - Class II Aggregate Base Aggregate base shall conform to the Orange County Environmental Management Agency Special Provisions for untreated base materials (Standard Plan 804) and Sections 400-2 and 200-2 of the standard Specifications. -26- Payment The unit price bid per ton for aggregate base shall include all labor, materials, tools and equipment necessary to construct the pavement base and no additional compensation shall be made. BID ITEM 4 - Rock Gravel The workmanship and materials included in the work prescribed for bid item 4 shall conform to Section 200 of the Standard Specifi- cations. The work for this bid item shall include the placement of rock gravel as shown on the improvement plans. The rock shall be 2" rock with a nominal dimension not less than 1-3/4" . Payment The unit price bid per ton shall include all labor, materials, tools and equipment necessary for the placement of the rock gravel as specified, and no additional compensation shall be made. BID ITEM 5 - P.C.C. Gutter The workmanship and materials included in the work prescribed for bid item 5 shall conform to Sections 201, 300 and 303 of the Standard Specifications. The work for this bid item shall include all forming, pouring and finishing of the concrete gutter as shown on the improvement plans. The concrete shall be five (5) sack concrete. Payment The unit price bid per cubic yard shall include all labor, materials, tools and equipment necessary for the installation of the P.C.C. gutter as specified, and no additional compensation shall be made. BID ITEM 6 - Furnish and Install Redwood Headers The workmanship and materials included in the work prescribed for this bid item shall conform to Sections 204 and 305 of the Standard Specifications. The work for this bid item shall include the placing of the redwood header in preparation of the asphaltic con- crete and portland cement concrete. Payment The unit price bid per lineal foot shall include all labor, materials, tools and equipment for the installation of the redwood header as specified, and no additional compensation shall be made. _27- BID ITEM 7 - Furnish and Install 24" Reinforced Concrete Pipe, 1500D The workmanship and materials included in the work prescribed for bid item 7 shall conform to Sections 207 and 306 of the Standard Specifications. The work for this bid item shall include all trenching required and backfilling of trench as shown on the improvement plans for the installation of the 24" reinforced concrete pipe with D load of 1500 or greater. Payment The unit price bid per lineal foot shall include all labor, materials , tools and equipment necessary for the installation of the R.C.P. as specified, and no additional compensation shall be made. BID ITEM 8 - Inlet Structure, Inlet Type I , Orange County Standard Plan 302, L=7" The workmanship and materials included in the work for this bid item shall conform to Sections 201 and 303 of the Standard Specifi- cations and Standard Plan 302 and 803 of the Orange County Standard Plans. The excavation and preparation of earth, asphalt and concrete removal and replacement to include a local depression per'Orange County Standard Plan 308 necessary to construct the inlet structure shall be included in this bid item. Payment The lump sum price bid for the inlet structure shall include all labor, materials , tools and equipment necessary to complete con- struction as shown on the plans and specifications and no additional compensation shall be made. BID ITEM 9 - Street Name Signs for Lobo Street-Mission Street and Lobo Street-Ramos Street The workmanship and material necessary to furnish and install two street name signs and posts at the locations shown on the plans shall be in- cluded in this bid item. The signs shall conform to City Standards indicated below and bear the names indicated. COPY: 3M #2270 (City Engineering Grade) Scotchlite 4" Mission Style Copy PAINT: Safeway' s #71 Brown Dulux Baked Enamel METAL: Sign blanks shall be double faced box type fabricated from extruded aluminum channel, 9 inches in height, lengths 24 , 30 , 36 with self-locking flanges, top and bottom, of the type manufactured for City of Long Beach. -28- Base metal shall be 6061-T6 extruded aluminum alloy. Web thickness shall be a minimum of 0. 080 inches with 11/16 inch flanges which includes the self-locking feature mentioned above. Fabrication shall be performed in a workmanlike manner that will produce a sign having smooth flat surfaces without any defects or marks of any kind on either the faces or edges. Prior to application of the enamel , each sign blank shall be treated with a chromate conversion coating for aluminum, conforming to the requirements of Federal Specification MIL C-5541. PAINTING: The dry film thickness of the baked enamel coating on the front face shall not be less than 1. 75 mils of enamel applied by spray. The coatings shall be uniform throughout and shall be smooth and free from flow lines, streaks, blisters or other surface imperfections . These are the same specifications required by the State of Califor- nia Division of Highways for baked enamel on aluminum signs. Payment The unit price bid for street name signs shall include all labor, materials, tools and equipment necessary for the installation of the signs and no additional compensation shall be made. BID ITEM 10 - 48" Sewer Manhole The workmanship and materials included in the work prescribed for Bid Item 10 shall be in conformance with the provisions of the Standard Specifications for Public works Construction, 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 48" sewer manholes to the lines and grades as shown on the plans and stakes in the field. The sanitary sewer shall be plugged at the inlet and the outlet of all manholes upon completion of construction and testing. Excavation for the manhole shall be included in this bid item. Payment The unit price bid per manhole shall include all labor, materials, tools and equipment necessary to construct the manholes and no additional compensation shall be made. -29- BID ITEM 11 - Junction Structure Contractor shall furnish and construct junction structures conforming to Orange County Standard Plan No. 310, and Sections 201 and 303 of the Standard Specifications. The cost of the junction structure at STA 2+00 on the plans shall include the prefabricated inlet and 18-inch connector pipe. The cost of the junction structure at STA 3+58 . 65on the plans shall include joining the existing 18-inch slotted chain pipe to the structure with 18-inch corrugated steel pipe. These costs should be prorated into the unit cost bid for junction structures. Corrugated steel pipe included in this bid item shall conform to the specifications for Bid Item 14 . The work. for this bid item shall include excavation and preparation of the earth for installation of the junction structure. Payment The unit price bid per junction structure shall include all labor, materials , tools and equipment necessary to construct the facilities as indicated on the plan and these specifications and no additional compensation shall be made. BID ITEM 12 - 8-Inch Vitrified Clay Pipe The workmanship and materials included in the work prescribed for Bid Item 12 shall be in conformance with the provisions of the Standard Specifications for Public Works Construction, 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 8" V.C.P. sewer to the line and grades as shown on the plans or staked in the field. Alternate pipe materials , approved in the Standard Specifications shall be accepted; they are P.V.C. and Armco "Truss" pipe. Manufacturers shall be confirmed as acceptable prior to placing of bids. Payment The unit price per lineal foot for the 8-inch V.C.P. sewer shall include all labor, materials, tools and equipment for the placement of the 8-inch V.C.P. sewer and no additional compensation will be made therefor. BID ITEM 13 - 18-Inch C.M.P. Slotted Drain The workmanship and materials included in the work prescribed for Bid Item 13 shall conform to Sections 207 and 306 of the Standard Specifications. The work for this bid item shall include all trenching required and backfilling of trench as shown on the improvement plans for the installation of the corrugated metal pipe. The slotted drain shall be Armco slotted drain or an approved equal. -30- Payment The unit price bid per lineal foot shall include all labor, materials , tools and equipment necessary for the installation of the 18-inch C.M.P. as specified, and no additional com- pensation shall be made. BID ITEM 14 - 18-Inch Corrugated Steel Pipe The workmanship and materials included in the work prescribed for Bid Item 14 shall conform to Sections 207 and 306 of the Standard Specifications. All excavation and backfill for the corrugated steel pipe shall be included in this bid item. The pipe thickness shall be a minimum of 0. 052 inches. Payment The unit price bid per lineal foot shall include all labor, materials, tools and equipment necessary for the installation of the corrugated steel pipe as specified and no additional compensation shall be made. BID ITEM 15 - 4-Inch Vitrified Clay Pipe The workmanship and materials included in the work prescribed for Bid Item 15 shall be in conformance with the provisions of the Standard Specifications for Public Works Construction, 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 place the 4" V.C.P. sewer to the line and grades as shown on the plans or staked in the field. Alternate pipe materials , approved in the Standard Specifications shall be accepted; they are P.V.C. and Armco "Truss" pipe: Manufacturers shall be confirmed as acceptable prior to placing of bids. Payment The unit price per lineal foot for the 4-inch V.C.P. sewer shall include al labor, materials , tools and equipment for the placement of the 4-inch V.C.P. sewer and no additional compensation will be made therefor. -31-