1985-0618_CAPPELLO CONSTRUCTION CO._Contract ' � EXEMPT � 85--382918
• C11
RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO
AND RETURN TO: GOVERNMENT CODE SECTION 6101,.
City of San Juan Capistrano
City Clerk' s Department _
32400 Paseo Adelanto Mary Ann PAnover, City Clerk
San Juan Capistrano, CA 92675 City of San Juan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the
City Council of the City of San Juan Capistrano, California, to
Cappello Construction, Inc. , 30281 Malaspina Road, San Juan
Capistrano, California, 92675 , for the performance of the following
work:
CONSTRUCTION OF THE DRAINAGE OUTLET TO SAN JUAN CREEK FOR
THE SAN JUAN CAPISTRANO CITY YARD
That said work was completed by said company according to plans and
specifications and to the satisfaction of the City Engineer of the
City of San Juan Capistrano, and that said work was accepted by the
City Council of the City of San Juan Capistrano, at a regular meeting
thereof held on the 1st day of October 1985 , by Resolution
No. 85-10-1-2
That upon said contract the Amwest Surety Insurance Company was surety
for the bonds given by the said company as required by law.
Dated at San Juan Capistrano, California, this lst day of
October , 1985
Mary Ann n ver, 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 1st day of October , 1985 .
RECORDED IN OFFICIAL RECORDS ; F J .. "
OF ORANGE COUNTV CALIFORNIA Mary Ann nover, City C s'¢, ,Q f_ .� , :,; I ,
the City of San Juan Capp 4mo .
.2 S0 PM OCT 7'85
c RECORDER
CONTRACT
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 drainage outlet to San Juan Creek for San Juan
Capistrano City Yard in strict confor-
mity with the Plans , Specifications and all other contract docu-
ments, which documents are on file at the Office of the City
Clerk, City Hall , 32400 Paseo Adelanto , San Juan Capistrano,
California .
THIRD. PAYMENT. City agrees to pay , and CONTRACTOR agrees to
accept, the lump sum adjusted for variations of quantities , at
the prices designated in bid proposal at the time and in the
manner set forth in the Specifications .
-16-
FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR
agrees to begin and complete the work within the time specified
in the Notice Inviting Bids . It is agreed that it would be im-
practicable and extremely difficult to fix the actual amount of
damages , and loss sustained by City, should CONTRACTOR fail to
complete the work in the specified time; therefore, CONTRACTOR
shall pay City, as liquidated damages, not in the nature of a
penalty, one hundred dollars ($100) a day for each day delayed;
provided that extensions of time with waiver of liquidated
damages , may be granted as provided in the Specifications.
FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR
agrees to furnish bonds guaranteeing the performance of this con-
tract and guaranteeing payment of all labor and material used under
this contract, as required by the laws of the State of California,
on forms approved by City. The Performance Bond shall be for an
amount of one hundred percent (1008) of the amount of this contract
and shall be conditioned on full and complete performance of the
contract, guaranteeing the work against faulty workmanship and
materials for a period of one (1) year after completion and ac-
ceptance. The Labor and Material Bond shall be for an amount of
one hundred percent (1008) 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 Specifica-
tions.
CONTRACTOR agrees to pay City such sum as the Court may judge as
reasonable for the legal services of any attorney representing the
City in any action brought to enforce or interpret the obligations
of this agreement, and such sums shall be made a part of any
judgement in such action against CONTRACTOR is such action is
determined in favor of said City. The required Performance and
Labor and Materials Bonds and Bid Bond shall provide that the surety
shall pay attorney ' s fees incurred by City in enforcing this
agreement.
-17-
0
SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES . Pursuant
to the Labor Code of the State of California, copies of the
prevailing rate of per diem wages , as determined by the Director
of the State Department of Industrial Relations , are on file in
the offices of the City Clerk, 32400 Paseo Adelanto , San Juan
Capistrano, California, and are hereby incorporated and made a
part hereof. CONTRACTOR agrees that he, or any SUB-CONTRACTOR
under him, shall pay not less than the foregoing specified
prevailing rates of wages to all workmen employed in the execution
of the contract.
SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during
this contract liability and property damage insurance naming the
City and its elected and appointed officials as a names insured,
which such policies shall be of an amount not less than One Million
Dollars combined single limit.
The insurance policies shall bear an endorsement or shall have an
attached rider providing that in the event of expiration or
proposed cancellation of such policies for any reason whatsoever,
the City shall be notified by registered mail, return receipt
requested, giving a sufficient time before the date thereof to
comply with the applicable law or statute but in no event less
that 30 days before expiration or cancellation is effective.
CONTRACTOR shall provide to City the policy certificate establishing
that the required level of insurance has been satisfied.
CONTRACTOR shall indemnify and save harmless the City , its officers ,
agents, and employees from and against any and all claims , demands ,
loss or liability of any kind or nature which Lessor, its officers ,
agents and employees may sustain or incur or which may be imposed
upon them or any of them for injury to or death of persons , damage
to property as a result of, or arising out of, or in any manner
connected with the performance of the obligations under this con-
struction agreement.
-18-
EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO
PUBLIC CONTRACTS . City is subject to the provisions of the
Government Code and the Labor Code of the State of California.
It is stipulated and agreed that all provisions of law applicable
to public contracts are a part of this contract to the same
extent as though set forth herein and shall be complied with by
CONTRACTOR. These include, but are not limited to, the stipu-
lation that eight (8) hours labor constitute a legal day' s work
and CONTRACTOR shall, as a penalty to City, forfeit twenty-five
dollars ($25) for each workman employed in the execution of the
Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each
calendar day during which such workman is required or permitted
to work more than eight (8) hours in violation of the provisions
of Article Three, Chapter One, Part Seven, Division 2 , of the
California Labor Code, except as permitted by law.
IN WITNESS WHEREOF, this contract is executed by the duly
authorized agent (s) of City, pursuant to Council action, and by
CONTRACTOR on the date set before the name of each.
CITY OF SAN JUAN CAPI TRANO
DATED: June 18 , 1985 B
Philli R. Schwartz yor
ATTEST: CAPPELLO CONSTRUCTION
C Co trac or
y:�6 ..fa
Mary Annanover, City Clerk Walter Cap llo
APPROVED AS TO FORM:
cl_77�9��
Joh T
R. Shaw, City Attorney
-19-
COMPLETION OF CITY YARD DRAINAGE TO SAN JUAN CREEK (CAPPELLO
CONSTRUCTION) (C906 .30
As set forth in the report dated October 1 , 1985 , from the
Director of Public Works, construction of the City Yard
Drainage to San Juan Creek was completed.
The following Resolution was adopted:
RESOLUTION NO. 85-10-1-2, COMPLETION OF DRAINAGE OUTLET
TO SAN JUAN CREEK FOR SAN JUAN CAPISTRANO CITY YARD
(CAPPELLO) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK
TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF THE DRAINAGE OUTLET TO SAN JUAN CREEK
FOR THE SAN JUAN CAPISTRANO CITY YARD (CAPPELLO
CONSTRUCTION, INC. )
The Resolution accepted the work as complete in the amount"
of $14 ,240 and directed the City Clerk to forward a Notice
of Completion to the Orange County Recorder.
Payment status was as follows:
Total Project Cost $14 ,240
Less 108 Retention 1,242
Amount Due 12,816
Staff was authorized to make payment as indicated and to
release the 108 retention 35 days after recordation of the
Notice of Completion.
AGENDA ITEM October 1 , 1985
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Resolution, Notice of Completion, Final Report - City
Yard Drainage to San Juan Creek (Cappello Construction)
SITUATION•
The construction of the City Yard Drainage to San Juan Creek has
been completed to the satisfaction of the City Engineer and is
ready for acceptance by the City Council and recordation of a
Notice of Completion with the County Recorder.
COMMISSION/BOARD REVIEW, RECOMMENDATION:
Not applicable
FINANCIAL CONSIDERATIONS:
This project has been completed at the original contract price
of $14 , 240. Funds are budgeted in account #06-4715-530 for
this project. Current payment status is as follows:
Total Project Cost $14 ,240
Less 10% Retention 1 ,424
Total Due to Date 12 ,816
Previous Payment -0-
Amount Due $12 , 816
ALTERNATE ACTIONS
1 . Accept the improvements.
2 . Do not accept the improvements .
3. Request additional information from Staff.
---------------------------------------------------------------
----------------------------------------------------------------
RECOMMENDATION•
By motion, adopt the Resolution determining that the work has
been completed and declare the work to be accepted. Direct the
City Clerk to forward a Notice of Completion to the County
Recorder for recording. Authorize Staff to release the 10%
retention thirty-five (35) days after recordation of the Notice
of Completion.
---------------------------------------------------------------
---------------------------------------------------------------
Respe ully submitted,
Of
lr�y
1� W. D. Mur
hy
WDM/BP:ol
attachment
• RESOLUTION NO. 85-10-1-9
COMPLETION OF DRAINAGE OUTLET TO SAN JUAN CREEK
FOR SAN JUAN CAPISTRANO CITY YARD (CAPPELLO)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF THE
DRAINAGE OUTLET TO SAN JUAN CREEK FOR THE
SAN JUAN CAPISTRANO CITY YARD (CAPPELLO
CONSTRUCTION, INC. )
WHEREAS, on the 18th day of June, 1985, the City of San
Juan Capistrano entered into a contract with Cappello
Construction, Inc. , for the construction of the drainage outlet
to San Juan Creek for the San Juan Capistrano City Yard; 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 14, 240. 00 .
SECTION 3 . That the work is hereby accepted and
approved.
SECTION 4. The City Clerk is directed to forthwith
forward aNo"ice of Completion" to the County Recorder of the
County of Orange for recording.
PASSED, APPROVED AND ADOPTED this 1st day of
October , 1985 .
PHILLIP SCHWARTZE, MA
ATTEST:
CITY CLEP7
-1-
STATE OF CALIF*A ) •
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 85-10-1-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 1st day of
October , 1985 , by the following vote:
AYES: Councilmen Friess, Bland, Buchheim, J
and Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer
(SEAL) ���
MARY ANOVER, ITY CLERK
I
-2-
# b '14� RECEIVED
07 P Yf0 I'
Please date, sign, ant? SAN J MSTR � t 1 92673 AUG � I 59 ,PM 85
return this copy to the
City Clerk. � 1,7,x• pETY CLERK
y� aFo '" c;rr cr _. ..
JUAN CE'
NOTICE TO PROCEED
To: Walter Cappello
Cappello Construction, Inc.
30281 Malaspina
San Juan Capistrano, California 92675
Project: City Yard Drainage to San Juan Creek
Amount of Contract: $14 ,240
You are hereby notified to commence work on the referenced
contract on or before July 29 , 1985 , and shall fully complete all
of the work of said contract within 30 consecutive calendar days
thereafter. Your completion date is therefore August 28 , 1985 .
The contract provides for an assessment of the sum of $100.00 as
liquidated damages for each consecutive calendar day after the
above established contract completion date that the work remains
incomplete.
Dated this 25th day of July, 1985.
MARY ANN ItANOVER, CMC
City Clerk
ACCEPTANCE OF NOTICE
Receipt of the foregoing Notice to Proceed is hereby acknowledged
by Walter Cappello, Cappello Construction, Inc. , this - A day
of , 1985 .
XBy:
Ate� ap o,
Cappello Construction, Inc.
&/,I G p/QL%!lI/I%6 RECEIVED
��
1z400 P+�eO A0dkASUN 1titc 8 3 �s PM ,
85 SAN JU/1kdAPiSTRA#(O,CAW.1F4 1// 92675 CITY
DR
EP OIEn
JO DITY GFM NT
AN Ha,,; ;Nr
June 20, 1985
.::::.. N
Cappello Construction Company
30281 Malaspina
San Juan Capistrano, California 92675
Re: Award of Contract - City Yard Drainage to San Juan Creek
Gentlemen:
The City Council of the City of San Juan Capistrano at its regular meeting
held June 18, 1985, awarded the contract for the City Yard Drainage to San
Juan Creek to your company at $14,240.
I am enclosing Pages 18, 26, and 27 of the bid documents which cite the City's
requirements for insurance. The City is to be named as an additional insured
pursuant to the Standard Specifications for Public Works Construction. Also
enclosed are pages 14, 17, and 22 through 25 of the bid documents which cite
the City's requirements for bonds. Please note the bonds must be on the City
forms.
These requirements must be met as stated before the contract is effective. If
you fail to furnish said bonds and certificates of insurance within 15 days
from the date of this Notice, the City will be entitled to consider all your
rights arising out of the City's acceptance of your bid to be abandoned and as
a forfeiture of your Bid Bond. The City will be entitled to such other rights
as may be granted by law. You are required to return an acknowledged copy of
this Notice of Award. A fully executed copy of the contract will be forwarded
to you when all documents are received.
If I can be of any help to you, please do not hesitate to call. Thank you for
your cooperation.
Very truly yours,
MARY ANN VER, CMC
City Clerk
MAH/mac
Enclosures
cc: Director of Public Works
Director of Administrative Services
Receipt
of the
1foregoing Notice of Award is hereby acknowledged:
By WfA LekK
this ) day of �, Hr , 1985.
0 0
AGENDA ITEM June 18 , 1985
TO: Stephen B. Julian, City Manager
FROM: William D. Murphy, Director of Public Works
SUBJECT: Award of Contract, City Yard Drainage to
San Juan Creek
SITUATION:
The City Council approved funds in the 1984-85 budget to improve
the area between the existing City Yard and San Juan Creek levee.
The bamboo has been removed and the area has been filled and
graded and is now ready for the final drainage works to San Juan
Creek.
COMMISSION/BOARD REVIEW, RECOMMENDATION:
The project has been reviewed by the Environmental Review Board.
FINANCIAL CONSIDERATIONS:
The City has funds budgeted in Account #06-4715-53 for this project
which is encumbered for the 1985-1986 budget. The Engineer ' s
estimate for this work is $18 ,500 . Only one bid was received which
is as follows :
Cappello Construction Company $14 ,240
ALTERNATE ACTIONS :
1 . Award the contract.
2 . Do not award the contract.
------------------------------------------------------------------
------------------------------------------------------------------
RECOMMENDATION:
By motion, award the contract to the low responsible bidder,
Cappello Construction Company, for the City Yard Drainage to San
Juan Creek in the amount of $14 , 240.
------------------------------------------------------------------
------------------------------------------------------------------
Respectfully submitted,
� I k
WDM/BP:ol
. . .� .e•.i� �;,^.raid ,✓//J /�
3
Premium Included
. • Bond No/ 9003902
fIN Jv^ti Cry
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS : That
WHEREAS , the City of San Juan Capistrano , a municipal
corporation of Orange County , California, has awarded to
CAPPELLO CONSTRUCTION CO. , License No. 163569 , hereinafter
designated as "Principal" , a contract for
City of San Juan Capistrano ; and
WHEREAS, said Principal is required to furnish a bond
in connection with the said contract providing that if said
Principal , or any of his or its sub-contractors , shall fail to pay
for any materials , provisions , provender or other supplies or teams
used in, upon, for or about the performance of the work contracted
to be done, or for any work or labor done thereon of any kind, the
surety or this bond will pay the same.
NOW, THEREFORE, we CAPPELLO CONSTRUCTION CO.
Principal, and AMWEST SURETY INSURANCE COMPANY , as surety are held
firmly bound unto the City of San Juan Capistrano , a municipal
corporation, in the penal sum ofFourteen thousand Two HundredDOLLARS
lj N100
�$ *14,240.00* lawful money of the Uoniyte SP ates of America, for
payment of which sum well and truly to be made we bind ourselves ,
our heirs , executors , administrators and successors , jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that , if said
Principal, his or its heirs , executors , administrators , successors
or assigns , or sub-contractors , shall fail to pay for any materials ,
provisions , provender , or teams , or other supplies or equipment
used in, upon, for or about the performance of the work contracted
to be done, or for any work or labor done thereon of any kind, or
for amounts due under the Unemployment Insurance Act with respect
to such work or labor as required by the provisions of Title 1 ,
-24-
STATE OF CALIFORNIA, COUNTY OF__- -_-___ORANGE - ._--_-- ss.
On _ July 17, 1985 ____ _,before me a Notary Public, within and for the said
County and State, personally appeared Joseph M. Panarisi , known
tome(or proved to me on the basis of satifactory evidence)to be the person whose name is subscribed to the within instrument
as the Attorney in Fact of and for the FAR WEST INSURANCE COMPANY, and acknowledged to me that he
subscribed the name of the FAR WE ST INSURANCE C OMPANY thereto as Surety,and his own name as Attorney
in Fact. }} ))
,. �,�� OFFICIAL SEAL /
L���
LCL-S-'L-
, RorAnr Ruauc
NOTARY PUaIJG CAIJFORNIA
V ORANGE COUNTY
My Comm E.pins March 27,1989
State of California ` On this the 241:11dayof July 1985,before me,
)1j
County of Orange SS Mary Ann Hanover
the undersigned Notary Public, personally appeared
Walter Cappello
Cl personally known tome
%7 proved tome on the basis of satisfactory evidence
to be the personot)whose namebs) is subscribed to the
OFFICIAL SEAL within instrument,and acknowledged that he executed it.
MARY ANN HANOVER
NOTARY PUBLIC -CALIFORNIA WITNESS my hand and official seal.
ORANGE COUNTY
My comm. expires APR 20, 1988
Notary's Sig r
v
GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd,*Wooelanl Hills,CA 11111
As a part of the obligation secured hereby, and in
addition to the face amount specified therefor, there shall
be included costs and reasonable expenses and fees , including
reasonable attorney' s fees , incurred by City in successfully
enforcing such obligation, all to be taxed as costs and included
in any judgment rendered.
FURTHER, the said surety, for value received, hereby
stipulates and agrees that no change , extension of time, alter-
ation or modification of the contract documents or of the work
to be performed thereunder, shall in any way affect its obliga-
tions or this bond, and it does hereby waive notice of any
such change, extension of time, alterations or modifications of
the contract documents or of work to be performed thereunder.
Surety waives whatever legal right it may have to require that
a demand be made first against the Principal paid in the event
of default.
IN WITNESS WHEREOF three -(3) identical counterparts
of this instrument, each of which shall for all purposes be
deemed an original thereof, have been duly executed by the -
Principal and surety herein named, on the 17th day of
July , 1985 , the name and corporate seal
of each corporate party being hereto affixed and these presents
duly signed by its undersigned representative pursuant to
authority of its governing body.
CAPPELLO CONSTRUCTION CO.
PRINCIPAL
By�
AMWEST SURETY INSURANCE COMPNAY
SURETY
42
By a`'Ll�i �F +
Y
oseph M.Panarisi
4/85
-23-
rwe5t InSuranee Compa
P.O. Box 4500
Woodland Hills, California 91365
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,That FAR WEST INSURANCE COMPANY,A CALIFORNIA CORPORA-
TION does hereby make, constitute and appoint
JOSEPH M. P_7�NARISI
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,recognizances or other written obligations in the
nature thereof,as follows:
CONTRACT, LICENSE, PERMIT, COURT 6 MISCELLANEOUS BONDS
and to bind FAR WEST INSURANCE COMPANY thereby,and all of the acts of said Attorneys-in-Fact,pursuant to these presents,
are hereby ratified and confirmed.This appointment is made under and by authority of the following provisions of the By-Laws of the
company,which are now In full force and effect:
Article ll, Section 7 of the By-Laws of FAR WEST INSURANCE COMPANY
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the
board of directors of FAR WEST INSURANCE COMPANY at a meeting duly held on July 28,1983:
RESOLVED that the president or any vice-president,in conjunction with the secretary or any assistant secretary,
may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appoint.
ment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds,
undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-
in-fact or agent and revoke any power of attorney previously granted to such person.
RESOLVEDFURTHER that any bond,undertaking,recognizance,or suretyship obligation shall be valid and bind-
ing upon the company
(i) when signed by the president or any vice-president and attested and sealed (if a seal be required) by any
secretary or assistant secretary;or
(ii) when signed by the president or any vice-president or secretary or assistant secretary,and countersigned and
sealed (if a seal be required) by a duly authorized attorney-ln-fact or agent;or
(iii) when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to
and within the limits of the authority evidenced by the power of attorney issued by the company to such person or
persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by
facsimile to any power of attorney or certification thereof authorizing the execution and delivery at any bond,under-
taking,recognizance,or other suretyship obligations of the company;and such signature and seal when so used shall
have the same force antl effect as though manually affixed.
IN WITNESS WHEREOF, FAR WEST INSURANCE COMPANY has caused these presents to be signed by its
proper officer, and its corporate seal to be hereunto affixed this 5th day of June 195_.
• pnd No.9003902
remium $427.00
FAITHFUL PERFORMANCE BOND
NOW ALL MEN BY THESE PRESENTS : that
WHEREAS , the City of San Juan Capistrano, a municipal
corporation of Orange County, California, has awarded to
CAPPELLO CONSTRUCTION CO. , License No. 163569 ,
hereinafter designated as "Principal" , a contract for
City of San Juan Capistrano ; and
WHEREAS , said Principal is required under the terms of
said contract to furnish a bond for the faithful performance of
said contract.
NOW, THEREFORE, WE, CAPPELLO CONSTRUCTION CO. as
Principal , and AM WEST SURETY INSURANCE COMPANY as surety, are
held and firmly bound unto the City of San Juan Capistrano , a
municipal corporation of Orange County, California, in the penal
sum of Fourteen thousand Two Hundred Forty -- DOLLARS ($ *14,240.00* ) ,
Lawful money of the United States of' America, for payment of
which sum, well and truly to be made, we bind ourselves , our 4eirs ,
executors , administrators and successors , jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if the
hereby bounden Principal , his or its heirs , executors , administra-
tors , successors or assigns , shall in all things stand to and
abide by and well and truly keep and perform all the undertakings ,
terms , covenants , conditions , 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 accord-
ing to their true intent and meaning, then this obligation shall
become null and void, otherwise it shall be and remain in full
force and virtue.
-22-
STATE OF CALIFORNIA, COUNTY OF- Orange ss.
July 17, 1985
On - _ _- --__ ___ _—_— before me a Notary Public, within and for the said
County and State, personally appeared Joseph Panarisi , known
tome(or proved to me on the basis of satifactory evidence)to be the person whose name is subscribed to the within instrument
as the Attorney in Fact of and for the FAR WEST INSURANCE COMPANY, and acknowledged to me that he
subscribed the name of the FAR WE ST INSURANCE COMPANY thereto as Surety,and his own name as Attorney
in Fact. L_
OFFICIAL SEAL
_ PAL'LAIJI. KRIZIONorAarvuauc
yn NOIARY PO^uLIC-CALIFORNIA
'�� ORANGECWNTV
My Comm.'.Prza Murch 2, '989
State of California )SOn this the 24thday of July 1995 ,before me,
County of Orange S SS. Mary Ann Hanover
11 the undersigned Notary Public, personally appeared
Walter Cappello
❑ personally known to me
proved to me on the basis of satisfactory evidence
OFFICIAL SSAI, to be the personK)whose name(30 i.-q subscribed to the
MARY ANN NANON/rR within instrument,and acknowledged that he executed it.
m NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTYWITNESS my hand and official seal.
My comm. expires APR 20, 1988
Notary's r
GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION•23012 Ventura 81,d -Wo I.,d Mills.CA 91364
Division 5 , Chap• 3 of the Government Cod•of California as
amended, that the surety will pay for the same in an amount not
exceeding the sum specified in this bond and also in case suit
is brought upon the bond, a reasonable attorney ' s fee to be fixed
by the court. This bond shall inure to the benefit of any and
all persons , companies and corporations entitled to file claims
under said act, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
FURTHER, the said surety, for value received, hereby
stipulates and agrees that no change , extension of time, alteration
or modification of the contract documents or of the work to be
performed thereunder shall in any way affect its obligation on
this bond and it does hereby waive notice of any such change,
extension of time, alteration or modification of the contract
documents or of work to be performed thereunder.
As a part of the obligation secured hereby, and in
addition to the face amount specified therefor, there shall be
included costs and reasonable expenses and fees , including
reasonable attorney' s fees , incurred by City in successfully
enforcing such obligation, all to be taxed as costs and included
in any judgment rendered.
IN WITNESS WHEREOF three (3) identical counterparts of
this instrument , each of which shall for all purposes be deemed
an original thereof, have been duly executed by the Principal
and surety herein named on the 17th day of July 1985
The name and corporate seal of each corporate party being hereto
affixed and these presents duly signed by its undersigned
representatives pursuant to authority of its governing body.
CAPPELLO CONSTRUCTION CO.
PRI,N1CIPAL
By wA �
AMWEST SURETY INSURANCE COMPNAY
SURET
By
Joseph anarisi ttorney-in-Fact
' B ID PROPOSAL
For the :
' Drainage Outlet to
San Juan Creek for
' San Juan Capistrano City Yard
From: CAPPELLh CONST Co
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:
' �.LFa%!A� SW240. Da &U ,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 the providing of all necessary machinery, tools , ap-
paratus, and other means of construction; also, the performance
and completion of all the work in the manner set forth, described
' and shown in the Specifications or the drawings for the work.
If the contract is awarded, the undersigned agrees to enter
' into a contract with the City and to commence work within fifteen
(15) calendar days from the date of execution thereof, and to
' diligently prosecute the work to completion before the expiration
of 45 calendar days.
1
-4-
1
' 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 pro-
posal are approximate only, being given solely as a basis for
' comparison of bids . It is understood that the City does not
expressly nor by implication, agree that the actual amount
' of work will correspond therewith, but reserves the right to
increase or decrease the amount of any item or portion of
' the work or to omit portions of the work as may be deemed
expedient by the Engineer.
' It is also understood by Bidder that the City of San Juan
Capistrano has the right to reject this proposal or to award
a contract to the undersigned at the prices stipulated. If
the proposal is rejected, then any check or cashier ' s check
shall be returned to the undersigned within thirty (30) days.
' No bid bonds will be returned. If the proposal is accepted
and the undersigned fails to enter into a contract within
' fifteen (15) days after the agreement is delivered to him for
signature, or within such further time as may be granted by
' the City Council, then said check shall be cashed or said
bond declared forfeit and an amount equal to the difference
' between the lowest bid and the next lowest bidder who will
execute a contract shall be paid into the treasury of the
City of San Juan Capistrano as liquidated damages for the
failure of the undersigned to comply with the terms of this
' proposal .
Accompanying this proposal is C ASHiEEO QNEC K (insert
' "S cash" , cashier ' s check, certified check or
bidder ' s bond, as the case may be) , in an amount equal to
at least ten percent (10%) of the total bid.
' -5-
The following is the name and place of business of the
surety company which will furnish the required bonds as
' surety if the work is awarded to the undersigned:
Licensed in accordance with an act providing for the regis-
tration of contractors -- License No. IL350 C42 A
Signature
nof Bidder:
Loa/. (
OWNER �f�°
' (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. )
— 30281 MALA5PINA RD.
' Dated: I. io - 8_S
Business Address
' 1Vi • A193• •i 60
Telephone Number
' Further, the undersigned bidder certifies that he has
thoroughly checked the figures set forth in this proposal ,
that they are correct to the best of his knowledge and that
they constitute his proposal for the work called out herein.
Dated: - 10- 8510- 85 W��
Sign ure of Bidder
H43 . 4"i
tTelephone Number
1
1
' -6-
' SCHEDULE OF WORK ITEMS
' Item Approx. Work Item 'With Units Unit Price Total
No. Quantity (Price Written in Words) (In Figures) Amount
' 1 . 53 L.F. Furnish and install 24" dia.
R.C.P. D = 1500 for the unit
price of &6 �„
' �� dollars
per lineal foot $ 90.00 $ 4,`L'gD.00
' 2 . 1 EA. Construct junction structure
type I per OCEMA Standard Plan
' #310 with inlet type V per
OCEMA Standard Plan #305 for
the unit price of TaniL
' TL�A�J, dollars
per each. $ Z3.000.00 $ 3,000.00
' 3. L. S. Remove and replace existing
concrete lining. Construct
' barreled outlet per OCEMA
Standard Plan #326 for the
lump sum price of�_
' dollars. $ 3,500,00
4. L. S. Furnish and place rip-rap per -(_ 3,600.0,3
' OCEMA Standard Plan #326 $ 4689MV
14.z4o,0d
' Total $ f*001POD
1
-6a-
1
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY
' BIDDER AND SUBMITTED WITH BID
' STATE OF CALIFORNIA )
County of i , dy'o ) ss .
Q/9t4o r-ar) , being first duly
sworn deposes andel says that he is ��� J iJ/C,�/I of
a.hA�E. y ( �iYST�C/�j 6 ✓t.�i r , the
' party making the foregoing bid; that su h 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-
' On this the day of 19
before me, the undersigned, a Notauublic in and for said
' State, personally appeared
' personally known to me/proved
to me on the basis of satisfactory evidence, to be the
person (s) whose name (s) subscribed to the within
' instrument, and acknowledged that executed it.
' WITNESS my hand and official seal.
All2�'t � Ac��
Notary Public in and for said State
OFFICIAL SEAL
MARY MA.UI<
o ;^ NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
MY comm. expires JAN 22 1988
-8-
DESIGNATION OF SUB-CONTRACTORS
Submit with Proposal .
In compliance with the Provisions of Section 4100-4107 of
' the Government Code of the State of California as amended, the
undersigned certifies that he has used the sub-bids of the fol-
lowing listed sub-contractors in making up his bid, and that the
sub-contractors listed will be used for the work for which they
' bid, subject to the approval of the Engineer, and in accordance
with the applicable provisions of the Specifications . It is
understood and agreed that all those portions of the work called
' for in the contract documents for which a sub-contractor is not
listed will be performed by the undersigned through his forces .
If no sub-contractors are listed, all bonds and insurance will
be written in the name of the general contractor only.
ITEM OF WORK SUB-CONTRACTOR ADDRESS PHONE NO.
' 1.
2 .
3 ._
4 .
' S .
' 6 .
7 .
' CAPPELLD CotLST CO
BIDDER' S NAME
AUTHORIZE9 SIGNATURE
1
1
-9-
• B I D O P E 04 1I N G R E P O R T
Bids opened _ June 10 , 1985 at 2 : 00 m
Project Title Drainage Outlet to SJ Creek for City Yard
Project Engineer Brian Perry Pre-Bid Estimate $18 . 500
Bid Bid
Bidder: Amount Bond
1 . Cappello Construction r
/�l Z �p CaakvS
Soo'%
2 .
3 .
4 .
5 .
6 .
7 .
8 .
9 .
10 .
cc: City Clerk ' s Staff (3) Signed ��t(��
Public Works (3)
City Manager (1) Dated
The above bid amounts have not been checked.
The bid totals are subject to correction after
the bids have been completely reviewed.
AFFIDAVIT OF PUBLICATION This space is for the County Clerk's Filing Stamp
RECEIVED
JON 5 It 39 N p85
CITY CLERK
DEPARTMEKi
CITY ^� F '
JUAN I;;.' ":
STATE OF CALIFORNIA
Proof of Publication of
County of Orange
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of twenty one years, NOTICE INVITING BIDS DRAINAGE OUTLET
...... ... .... .. . .. .. ... .. . .. .. . .. .. . .. .. . . . .. .. .. .. . .. .
and not a party to or interested in the above-entitled
matter. I am the principal clerk of the Capistrano Val- TO SAN JUAN CREEK FOR CITY YARD
ley News,a newspaper of general circulation in the City
of San Juan Capistrano, County of Orange, and which
newspaper has been adjudicated to be a newspaper of
general circulation by the Superior Court of the County
of Orange, State of California, June 5, 1984, Case No. —
A-122949 in and for the City of San Juan Capistrano, NOTIC
County of Orange and the South Orange County Judicial sAN- M RC YARD
District;that the notice, of which the annexed is a true NotisefSAAN JuiLN CRE I c�aoti sJwecapwr norµle�e.+.�
printed copy, has been published in each regular and sealed propeaye ar bkb rw the 4maw o*W to See)den Ckwirin rie
entire issue of said newspaper and not in any supple- City yard antilxdpratenteepx►alyecmn.,isas '-
ment thereof on the following dates, to wit: Apra- eonferance 4aeeedaladri lC.AOAIL eaYe&ddgoldaoe.
1W at tee Oily emees to as"no"Reten. - -
Copies of Pions and specioeauCan are as Me in Sao 011iea of the My
Clerk of San Juan Capiidnnm 32000 Paten Adehado.San Jus CapWWano,-
Coulon"and may be aWainedatawvn nftmdaeteehu"S10A0,plan a
Coags ofO&Wbreace set of Ptsot aad flpeeififtin".So" - -
�a4d:SW S.'1M0- -
May 23, 1985 114001yt�xAiCCttat.v��ca,
_ Cyl'P OF SAN JtTAJis�jl818'PIfXtIb"
OAANOS fSAIN!'S;6�tJ�0aNtA
PaelLlnnl:.Cap}Smao Va114.News; ... . - .
I declare under penalty of perjury that the foregoing is May 14L JA 1010 aloe
ture and correct.
Executed at Mission Viejo, Orange County
California,this ....23.. . day ofM., _19 . .55.. . . .
.. . . . .. . .. .. . .. .. . .. . .. .. .
Signature
Capistrano Valley News
23811 Via Fabricante
P.O. Box 3629
Mission Viejo, Calif., 92690
NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS
TO: CAPISTRANO VALLEY NEWS
Jody Kolar, Legal
FOR PUBLICATION ON: THURSDAY, MAY 16 , 1985 and
THURSDAY, MAY 23 , 1985
DOCUMENT TO BE PUBLISHED: NOTICE INVITING BIDS -
DRAINAGE OUTLET TO SAN JUAN
CREEK FOR CITY YARD
PROOF OF PUBLICATION: Please send to:
City Clerk' s Department
City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(714) 493-1171
AUTHORIZED BY: l/ L
DATE: May 8 , 1985
Date of Bid Opening - 6/10/85
Dates) notice published - 5/16/85 & 5/23/85
Date affidavit received -
Date notice posted in
designated posting places (3) - 5/16/85 ? `'
NOTICE INVITING BIDS
DRAINAGE OUTLET TO SAN JUAN CREEK FOR CITY YARD
Notice is hereby given that the City of San Juan
Capistrano will receive sealed proposals or bids for the drainage
outlet to San Juan Creek for the City yard until 2 : 00 P.M. on the
10th day of ,lune, 1985 .
A pre-bid conference is scheduled at 10 : 00 A.M. on the
3rd day of June, 1985 , at the City offices to assist contractors .
Copies of Plans and Specifications are on file in the
Office of the City Clerk of San Juan Capistrano, 32400 Paseo
Adelanto, San Juan Capistrano, California, and may be obtained at
a non-refundable charge of $10. 00 , plus a charge of $5. 00 for
each set of Plans and Specifications mailed.
Dated: May 8 , 1985
CITY CLE
CITY OF AN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
N O T I C E I N V I T I N G 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 10th day of
June , 1985 , receive sealed proposals or bids for the
Drainage Outlet to San Juan Creek for City Yard,
in accordance with the approved plans and specifications on
file in the office of the City Clerk of the City of San Juan
Capistrano, California. Bids will be received until the time
hereinbefore stated at the San Juan Capistrano City Hall ,
32400 Paseo Adelanto , San Juan Capistrano, California.
No bid will be received unless it is made on a pro-
posal 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 3rd day of June , 1985 , at the City offices . The
contractor shall have the opportunity for clarification or
interpretation of any point or points of question within the
plans and contract documents or specifications. It is the
contractor ' s responsibility to be in attendance at this confer-
ence 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 interpretation of the plans , specifications , and contract
documents presented to the bidders in any manner.
-1-
The successful bidder, simultaneously with the execution
of the contract, will be required to furnish a Faithful Perfor-
mance Bond equal in the amount of one-hundred percent (100%) of
the contract price.
The City Council reserves the right to reject any and all
bids received and to compare the relative merits of the respective
bids and to choose that which in the opinion of said City will
best serve the interests or needs of said City.
A time limit of thirty (30) days has been
set for the completion of the work, from the date of execution
of the contract.
BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor
Code of the State of California, copies of the prevailing rate
of per diem wages , as determined by the Director of the State
Department of Industrial Relations , are on file in the office of
the City Clerk and shall be made available to any interested party
on request.
Copies of Plans and Specifications are on file in the office
of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto,
San Juan Capistrano, California. Copies of the plans and 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-
This Notice is hereby given and published by order of the
City Council of the City of San Juan Capistrano, and is dated
this day of
CITY CLE
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
-3-
•
AGENDA ITEM May 7 , 1985
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Approval of Plans and Specifications and Authorization
to Call For Bids - City Yard Drainage to San Juan Creek
SITUATION
The City Council approved funds in the 1984-85 budget to improve
the area between the City Yard and San Juan Creek levee. The
bamboo has been removed and the area has been filled and graded
and is now ready for the final drainage works to San Juan Creek.
Plans and specifications have been prepared for this project and
staff is requesting approval of the plans and authorization to
receive bids .
COMMISSION/BOARD REVIEW, RECOMMENDATION
The project has been reviewed by the Environmental Review Board.
FINANCIAL CONSIDERATIONS
The City has funds budgeted in Account 06-4715-530 for this
project. The Engineer' s estimate for the work is $18 , 500 and
sufficient funds are still available to cover this.
ALTERNATE ACTIONS
1. Approve the project.
2. Do not approve the project.
3. Request further information from staff.
------------------------------------------------------------------
------------------------------------------------------------------
RECOMMENDATION
By motion, approve the plans and specifications for the City
Yard Drainage to San Juan Creek Project and authorize the
receipt of bids.
Respectfully submitted,
W.
� Aphily/J
ftpp�D. tu
WDM:HP/rem
F(., (si L AGCK,10A
���
(QOO .�d
ISSUE DATE(MM/DD/YY)
AICs/1:Dm CERTIFICA OF INSURANCE 04/18/89
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
T .E.G. RISK MGMT . INS . SERVICES EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P.O. BOX 2025-138
TUSTIN, CA 92680 COMPANIES AFFORDING COVERAGE
COMPANY �
LETTER A E$I — ORION GROUP
CODE sue-coDE
V
COMPANY 13
L �
INSURED LETTER r,
COMPANY
C
CAPPELLO CONSTRUCTION LETTER „; ro
29831 MONARCH DRIVE H�
SAN JUAN CAPISTRANO, CA 92678 LETTERCOMPANY D
LETTER
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
LTR DATE(MM/DO/YY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOPS AGGREGATE $
CLAIMS MADE OCCUR. PERSONAL&ADVERTISING INJURY $ I
OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $
FIRE DAMAGE(Any one fire) $
MEDICAL EXPENSE Any one person) $ i
AUTOMOBILE LIABILITY COMBINED
SINGLE $
ANY AUTO LIMIT
ALL OWNED AUTOS BODILY
NJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY
INJURY $
NON-OWNED AUTOS
(Per accident)
GARAGE LIABILITY
PROPERTY $
DAMAGE
EXCESS LIABILITY EACH AGGREGATE
OCCURRENCE
IS $
OTHER THAN UMBRELLA FORM
STATUTORY
WORKER'S COMPENSATION RN OF 294496 03/31/89 03/31/90 $ 2 , 000
(EACH ACCIDENT)
AND
$ 2, 000 (DISEASE—POLICY LIMIT)
EMPLOYERS'LIABILITY2 , 000
$ (DISEASE—EACH EMPLOYEE
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
ANY AND ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF SAN JUAN CAPISTRANO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
32400 PASEO ADELANTO MAIL_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
SAN JUAN CAPISTRANO, CA 92675 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZ EPRESENTATIV A�
%lam
ACORD 25-S(3188) VACORD CORPORATION 19881
A014Ir107 CERTIFICAT OF INSURANCE ISSUE DATE(MM,DD/YY)
04/18/89
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 1
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, I
CUMBRE, INC . EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
101 N. 2ND AVENUE
UPLAND, CA 91786 COMPANIES AFFORDING COVERAGE
COMPANY A
LODE suBcooE LETTER GOLDEN EAGLE
COMPANY B
INSURED LETTER i
COMPANY C
CAPPELLO CONSTRUCTION LETTER
29831 MONARCH DRIVE COMPANY D
SAN JUAN CAPISTRANO, CA 92678 LETTER
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
LTR DATE(MM/DD/YY) DATE(MM/DO/YY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2 , 000
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 1 , 000
CLAIMS MADE OCCUR, CCP 077877 03/31/89 03/31/90 PERSONAL&ADVERTISING INJURY $ 1 , 000
X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1 , 000
FIRE DAMAGE(Any one fire) $ 50
MEDICAL EXPENSE(Any one person) $ 5
AUTOMOBILE LIABILITY COMBINED
ANY AUTO LIMIT
$ 1 , 000
ALL OWNED AUTOS CCP 077877 03/31/89 03/31/90 BODILY
NJURY $
X SCHEDULED AUTOS (Par person)
X HIRED AUTOS BODILY
NJURY $
X NON-OWNED AUTOS (Per accident)
GARAGE LIABILITY PROPERTY
DAMAGE $
EXCESS LIABILITY EACH AGGREGATE
OCCURRENCE
$ $
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION STATUTORY )�),
AND $ (EACH ACCIDENT) I
EMPLOYERS'LIABILITY $ (DISEASE—POLICY LIMIT)
$ (DISEASE—EACH EMPLOYEE
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
ANY AND ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED.
I
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF SAN JUAN CAPISTRANO EXPIRQUON DATE THEREOF, THE ISSUING ANY WILL ENDEAVOR TO
32400 PASEO ADELANTO MAIL JJVV DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
SAN JUAN CAPISTRANO, CA 92675 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORI RESE ATI
ACORD 25-8 3/88 ` CACORD CORPORATION 1988
CERTIFICATE OF INSURANCE
."
�ausau Insurance Companies
This is to certify that the insurance policies (described below by a policy number)written on forms in use by the company have been issued.
This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy
referred to herein. /
Name and address of Insured j v
t
Producer No.: 258T. . --,
Cappello Construction, Inc. Place: Santa Alia o
30281 Malaspina Rd. -2-86 m
1 -, :�
Date Issued: <
San Juan Capistrano, CA 92675 Region: AnaILA;_.'",,� n m
Kind of Coverage CO,* Expiration Dote Policy Number • Unless otherwise indicated, this policy affords full coverage under the Workers
"o' 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 Employers
Com, gran.= 2 1-1-87 2017 02 034920 Liability.
Limits of Liability
Comprehensive 2 4-15-86 12026 04 034920 Bodily Injury Property Damage
General Liability
$ 500,000 Each Occurrence $ IUUsVVV Each Occurrence
Special MultiPerilor El $ 500,000 Aggregate $ 100,000 Aggregate
Trademark(Section II only)
Products-Completed Operations: ❑ Included ❑ Excluded Single Limit $ Each Occurrence
Contractual-All Written Contracts: ❑ Included ❑ Nat Covered $ Aggregate
Owners', Landlords' $ Each Occurrence $ Each Occurrence
and Tenants'Liability $ Aggregate
Contractual Liability— H $ Each Occurrence $ Each Occurrence
Designated Contracts
Only $ Aggregate
Single Limit $ Each Occurrence
$ Aggregate
Automobile Liability 2 4-15-86 2026 OS 034920 $ Per Person
❑ All Owned Autos �] Hired and Nonowned Autos $ Per Accident $ Per Accident
❑ Specified Autos Only Single Limit $600,000 Per Accident
$ 1,000,000 Each Occurrence
Umbrella $ 1,000,000 Aggregate Products-Completed Operations
Liability 10 000
2 4-15-86 2026 06 034920 a > Retention
Special Provisions/Locations/Specified Autos:
City of San Juan Capistrano is an additional insured but only with respect to liability
arising out of the following described job:
Los Rios, Little Hollywood Sewer Connections
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.
Anywhere in the United States of America, its territories or possessions or Canada.
Notwithstanding any requirement, Perm or condlfion o any contract or other document with respect to which this certificate may be issued or may pertain, the Insurance afford-
ed by the policy(policies)described above is subject to all of the terms, exclusions and conditions of such policy(policies)during the terms)thereof.
*The 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 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
is City of San Juan Capistrano 1 WAUSAU UNDERWRITERS INSURANCE COMPANY
5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY
32400 Paseo Adelanto 7, ILLINOIS EMPLOYERS INSURANCE OF WAUSAU
San Juan Capistrano, CA 92675 1. WAUSAU LLOYDS
is Signed �• +</������
Amhonred Company Represe 41J1 _
_ CERTIFICATE OF INSURANCE •
�ausau Insurance Companies
This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued.
This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the co%RffVE)q"ded by any policy
referred to herein.
DEe 13 55 111,4
Name and address of Insured
CITY CLERK
>,)t
Producer
Cappello Construction, Inc. :
30281 Malaspina Rd. Place: Santa
anta Ana
Date Issued: 12-11-85
San Juan Capistrano, CA
Region: Ana/LA
Kind of Coverage co-+ Expiration Date Policy Number ++ Unless otherwise indicated, this policy affords full coverage under the workers
"o Compensation laws of all states(except states where coverage can be provided only by
Workers State Funds,and Canada)and as designated in the pol icy and endorsements for Employers
Compensation++ Liability.
Limits of Liability
Comprehensive 2 4-15-86 2026 04 034920 Bodily Injury Property Damage
General Liability
Special Mu $ 500,000 Each Occurrence $ 100t000 Each Occurrence
Sectio l or
Trademark(Section 11 only) b 500,000 A99regate $ loo Ooo Aggregate
Products-Completed Operadons: ❑ Included ❑ Excluded Single Limit $ Each Occurrence
Contractuol-All Written Contracts: ❑ Included ❑ Not Covered $ Aggregate
Owners', Landlords' $ Each Occurrence $ Each Occurrence
and Tenants'Liability $ Aggregate
Contractual Uobilay $ Each Occurrence $ Each Occurrence
Designated Contracts
Only $ Aggregate
Single Limit $ Each Occurrence
$ Aggregate
Automobile Liability 2 4-15-86 2026 05 034920 $ Perpe"
gJ All Owned Autos X1 Hired and Nonowned Autos $ Per ilium, $ Per Accident
❑ Specified Autos Only Single Limit $ 600,000 Per Accident
$ 1,000,000 Each Occurrence
Umbrella 2 4-15-86 2026 06 034920 $ 1,000,000 Aggregate Products-Completed Operations
Liability
$ 10 000 Retention
c�-
Special Provisions/Locations/Specified Autos:
City of San Juan Capistrano is an additional insured but only with respect to liability arising
out of the following described job:
Los Rios, Little Hollywood Sewer Connections
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.
Anywhere in the United States of America, its territories or possessions or Canada.
Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the 'insurance afford-
ad by the policy(policies)described above is subject to all of the terms, exclusions and conditions of such policy 1pohciez)during the term(s)thereof.
*The entry of o number in this column means that the coverage is afforded by the company designated by the some number.
Issued to: *Issued by 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
3. WAUSAU UNDERWRITERS INSURANCE COMPANY
City of San Juan Capistrano 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY
32400 Paseo Adelanto 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU
San Juan Capistrano, CA 92675 1. WAUSAU LLOYDS /
st
g Authorized Company Representative /
784 (S)15-906
City of San Juan Capistrano Page 1 of
RECORD OF BID DOCUMENTS
Los Rios Area
Project Title Little Hollywood Sewer Connections Project Engineer Brian Phone Extension 209
Pre Bid Date/Time Sept. 30, 1985 -10:00 AM3id Opening Date/TimeOct. 7, 1985 until 2:OOPM Engineer's Estimate $86,870.00
Amount Required per Set $ 10.00 plus Fee Deposit Must sets be returned? Yes No
5.00 for mailing
Fee or -Deposit Documents Addenda Issued
Date Firm Name & Address Name of Individual Amount Ca Ch Date Date # of Sets Set #s 1 2 3 4 5 6
Issued (Street Address) Firm Telephone Rec'd Ret'd
Zp 1671-1(7x,5-1A161C?T/CI
ULTI S*rule 7lm `yneoK L.� �hASm
C9'l � 63 3
14 NO. Po iciK S4 Flo 'jig
017—"St 9 6T
�11
�
9s�--Fs/41 /D v 9�s
/�,?� N-eA
9/S p Q C7/y )
�3D lt �s{o�,��e �lSa� ���y�°1�3 -��� ��p ✓ °'I'� �
yyyy /'� C. 0V.
'73 / BS31 f `Sad C�/4J17_6 -72 S69
0 CERTIFICATE OF INSURANCE 40 G7ry C�
Wausau Insurance Companies
This is to certify that the insurance policies (described below by a policy number)written on forms in use by the company have been issued.
This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy
referred to herein.
Name and address of Insured
F
Producer No.: 2587
Cappello Construction, Inc. Place: Santa Ana
30281 Malaspina Rd. Date Issued: 7-16-85
San Juan Capistrano, CA 92675 Region: Ana/LA
Kind of Coverageco+ Expiration Date Policy Number *+ Unless otherwise indicated, this policy affords full coverage under the Workers
NO Compensation laws of all states(except states where coverage can be provided only by
Workers Stole Funds,and Canada)and as designated in the policy and endorsements for Employers
Cornpemo len*+ Liability.
Limits of Liability
Comprehensive Bodily Injury Property Damage
General Liability 4-15-86 2026 04 034920
i or $ 500,000 Each Occurrence $ 100 ppp Each Occurrence
TrademarkSpecial ultl ocean II only) $ 500,000 Aggregate $ 100 000 Aggregate
Products- Completed Operations: X1 Included ❑ Excluded Single bmit $ Each Occurrence
Contractual-All Written Contracts: X1 Included ❑ Not Covered $ Aggregate
Owners', Landlords $ Each Occurrence $ Each Occurrence
and Tenants' hardly _ $ Aggregate
Contractual LLabdry § Each Occurrence $ Each Occurrence
Designated Contracts
Only $ Aggregate
j" Single Limit $ Each Occurrence
$ Aggregate
Automobile Liability 12 1 4-15-86 . 2026: 05 034920 $ Per Person
All Owned Autos EX Hired and Nonowned Autos $ Per Accident $ Per Accident
❑ Specified Autos Only Single Limit $ 600,000 Per Acclden.
$ 1,000,000 Each Occurrence
Umbrella 2 4-15-86 2026 06 034920 $ 1,000,000 Aggregate Products-Completed Operations
Liability
$ 10,000 Retention
Special Provisions/Lotations/Specified Autos: ^\`
All Operations of Named Insured
Job site: Drainage Outlet for San Juan Creek, CA
If any policy described above is canceled during its term by the company, the company will
notice ten (10) days before the effective date of such cancellation to the party named below.
Argahere in the United States of America, its territories or possessions or Canada
Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certifimte may be issued o may pertain, the insurance afford-
ed by fhe poLcy(policies)described above is subject ro all of the terms,exclusions and conditions of such policy(policies)during the Loomis)thereof.
*The entry of a number in this column means that the coverage is afforded by the company designated by the some number.
Issued to: *Issued by 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
3. WAUSAU UNDERWRITERS INSURANCE COMPANY
City of San Juan Capistrano 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY
32400 Paseo Adelanto 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU
San Juan Capistrano,CA 92675 t. WAUSAU LLOYDS
• a `
Signed J
Awhonzed Company Representative
ns.¢ ISI tss9s.
�A
40
h
STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101
COMPENSATION
IC N S U R A N C E
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
July 17, 1985 638961-85
POLICY NUMBER: 6/1/86
CERTIFICATE EXPIRES:
r
City of San Juan Capistrano
Building & Safety Department
32400 Paseo Adelanto
San Juan Capistrano, California 92675
L
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer.
We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the,insurance afforded by the policies
described herein is subject to all the terms, exclusions and conditions of such policies.
ALL OPERATIONS RESIDENT
EMPLOYER
r
Allan Hale Electric
33781 Mariana Drive, Suite 4
Dana Point, California 92629
L
SCIF 10262 (REV. 8-84) OLD 262A
M
Ilk
z. ����E� •�. 6
cD
City of San Juan Capistrano Page 1 of _
RECORD OF BID DOCUMENTS
Project Title Drainage Outlet to SJ Creek Project Engineer Brian Perry Phone Extension 209
Pre Bid Date/Time 6/3/85 @ 10: 00 a.m. Bid Opening Date/Time 6/10/85 @ 2: 00 P.M. Engineer's Estimate $18 , 500
Amount Required per Set $10 . 00 Fee Deposit Must sets be returned? Yes No
Add $5. 00 for each sett mailed
Fee or De osit Documents Addenda Issued
ate Firm Name & Address Name of Individual Amount Ca Ch Date Date # of Sets Set #s 1 2 3 4 5 6
Issued (Street Address) Firm Telephone Recd Ret'd
C'�v�110 �ensJ�ucV�c 1 CUtt tc✓C'rtpPeNo
3ea&1 /Ra�asp na ed 1-173-y&� 1 (013
13 Sa r cca C�aP. 9�6�5 / IODo
MEMORANDUM July 24 , 1985
TO: John R. Shaw, City Attorney
FROM: Brian Perry, Associate Civil Engineer
SUBJECT: City Yard Storm Drain Sureties
Attached are the sureties for the City Yard Storm Drain
Contract from Cappello Construction Company for your
approval.
Please let me know if these are satisfactory so that we
can proceed.
ESTp
BP:ol
xc: City Clerk
r
,_�
-� `-i— � MEMBERS OF THE CITY COUNCIL
I ANTHONY L. BLAND
X LAWRENCE F. BUCHHEIM
^('' Nl,nllllll KENNETH E. FRIESS
014VUI118 11961 GARY L. HAUSOORFER
1776 PHILLIP R. SCHWARTZE
CITY MANAGER
11 STEPHEN B. JULIAN
August 30 , 198
Mr. Walter Cappellc
Cappello Construction, Inc.
30281 Malaspina
San Juan Capistrano, California 92765
Re: Award of Contract - Drainage Outlet to San Juan
Creek for San Juan Capistrano City Yard
Dear Mr. Cappello:
The executed contract, required bonds and insurance for the
Drainage Outlet to San Juan Creek for the San Juan Capistrano
City Yard, awarded to your company by the City Council at their
meeting of June 18 , 1985 , have been received in this office.
Enclosed please find your Cashier' s Check No. 07491686 , in the
amount of $1 , 500. 00 from The Crocker Bank, submitted as the bid
bond for the above-mentioned project.
Thank you for your cooperation.
Very truly yours ,
MARY ANN HANOVER, CMC
City Clerk
MAH/cdc
Enclosure
cc: Director of Public Works
Cashier' s Check No. 07491686 , in the amount of
$1 ,500. 00 , from The Crocker Bank was received on the
4 day of =,� — /� , 1985 , by:
Walter appel .�lo, pello Construction, Inc.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
Pav to the order of Walter
Cappello, Cappello Construction ,
Inc. , without recourse
City of San Juan Capistranc
BY-%,% LAG/ e�4,
Mary Ann Aanover, City Clerk/
Deputy City Treasurer
In-a
Zhe Crocker Bank 07491686
220
I<,s An4 eles,California
Cashier's Check Da&*JUNE 10 , 1985*
PUY110AIta * *C1TY OF SAN JUAN* * * * * ****1 , 500 .00* * * * **
Order of
;I
f "
Dollars
Crocker National Bank
•U 'r44i686 ' 1: 1 2 200008 51: 91575028Lill 40IL
1 • •
' CITY OF SAN JUAN CAPISTRANO
1 COUNTY OF ORANGE
STATE OF CALIFORNIA
1
1
1 SPECIFICATIONS & CONTRACT DOCUMENTS
1 DRAINAGE OUTLET TO
SAN JUAN CREEK
FOR
1 SAN JUAN CAPISTRANO CITY YARD
1
1
1
1
1
1
1 CITY COUNCIL
PHILLIP R. SCHWARTZE, MAYOR
1 KENNETH E. FRIESS ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER
1 S. B. JULIAN
CITY MANAGER
1 W. D. MURPHY
DIRECTOR OF PUBLIC WORKS
1 MAY, 1985
1
' TABLE OF CONTENTS
TITLE PAGE
' CONTRACT DOCUMENTS
Notice Inviting Bids----------------------- 1
' Bid Proposal------------------------------- 4
Schedule of Work Items-------------------- 6a
Non-Collusion Affadavit-------------------- 7
' Designation of Sub-Contractors------------- 9
Instructions to Bidders-------------------- 10
' Contract----------------------------------- 16
Bid Bond----------------------------------- 20
Faithful Performance Bond------------------ 22
Labor & Materials Bond--------------------- 24
SPECIAL PROVISIONS
Work to be Done---------------------------- 26
Standard Specifications____________________ 26
Terms Defined---------- 27
Flow & Acceptance of Water----------------- 27
' Water-------------------------------------- 27
Insurance & Overhead Costs----------------- 28
' Protection of Existing Utilities----------- 28
Protection of Private Property------------- 28
Construction Zone_________ _ 28
Permits------------------------------------ 28
' Materials & Methods of Construction-------- 29
Encroachment Permit (copy) ---------- 31
1
INSTRUCTION TO BIDDERS
' Securing Documents
Plans , specifications and other contract documents will be
available for examination without charge and copies may be secured
in accordance with the "Notice Inviting Bids" .
Examination of Plans , Specifications and Site of Work
I The bidder is required to examine the site of work, the
proposal, the plans and the specifications very carefully. He
shall satisfy himself as to the character, quality and quantities
of the work to be performed, the materials to be furnished and
the requirements of the Contract Documents . The plans for the
work show conditions as they are believed to exist, but it is
not to be inferred that all the conditions as shown thereon are
actually existent, nor shall the City or any of its officers or
agents be liable for any loss sustained by the Contractor as a
' result of any variance between conditions shown on the plans and
actual conditions revealed during examination or progress of the
' work. The submission of a proposal shall be prima facie evidence
that the bidder has made such an examination.
' Interpretation of Drawings and Documents
If any bidder should find discrepancies in, or omission
' from, the drawings , specifications or other proposed contract
documents , or if he should be in doubt as to the true meaning of
' any part thereof , he shall at once make a written request to the
Engineer for correction, clarification or interpretation of the
' point or points in question. The person submitting such a re-
quest shall be responsible for its prompt delivery.
' In the event that the Engineer receives such a request and
it should be found that certain essential information is not
' clearly and fully set forth, or if the Engineer discovers errors ,
1
-10-
' 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
1The 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 made only upon the forms provided within these
' specifications ; all bid items shall be properly filled out;
bid prices shall be stated both in words and in figures ; and
' the signatures of all persons signing shall be in longhand.
Where there is a conflict in the words and the figures , the
' words shall govern.
-11-
1 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 accompanied by such cashier ' s check, certified check
or approved bond shall be rejected.
-12-
' 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 agcordance 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
Bids" . Bidders or their authorized representatives are invited
' to be present.
' Award of Contract or Rejection of Bids
No bidder may withdraw his bid for a period of forty-five
' (45) days after the date set for the opening of bids . The con-
tract for the work will either be awarded or the bids rejected
' within the forty-five (45) days from the date set for the opening
of bids .
The contract for the work will be awarded to the lowest
responsible bidder complying with these instructions and with
the "Notice Inviting Bids" . The City, however, reserves the
right to reject any or all bids and to waive any nonconformity
in the bids received.
' -13-
' The 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 (1000 of the
' total amount payable by the terms of the contract and a Faithful
Performance Bond in a sum not less than one hundred percent
' (100%) of the amount of the contract. Said bonds shall be
secured from a surety company satisfactory to the City . Surety
' companies , to be acceptable to the City, must be authorized to
do business in the State of California and be on the accredited
list of the United States Treasury.
Time of Performance
The work shall be commenced within fifteen (15) calendar days
from the date of execution of the contract and shall be diligently
prosecuted until completion. A time limit of thirty
-14-
i • •
' ( 30 ) 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
itime of completion and/or assessment of liquidated damages .
Assignment of Contract
iNo 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.
iWorkmen and Wages
' Attention is specifically directed to all provisions of
the Labor Code of the State of California with regard to workmen
i 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" .
Building Permits
iIt shall be the Contractor' s responsibility to obtain all
necessary permits, bonds and insurance, as required, for the
' completion of the project. No extra compensation shall be made
therefore.
1
' SPECIAL PROVISIONS
' 1 . Work to be Done
The work to be done under this contract consists of the
construction of approximately 53 lineal feet of 24"
diameter storm drain, one junction structure, the removal
and replacing of some reinforced concrete lining to the
' San Juan Creek Channel and the placing of some rip-rap.
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 times . The provisions of
the Standard Specifications shall be modified as indicated
' below:
Change 1 : "Section 2-4 - Contract Bonds"
' The "Payment Bond" (Material and Labor Bond) shall be in the
amount of 100 percent of 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 main-
tained 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 .
-26-
' The City will not recognize any claim for additional compen-
sation because of the requirement for greater amounts of
insurance, as an element to be considered by the Contractor
' in determining his bid.
Change 3 : "Section 8 - Facilities for Agency Personnel"
Delete this section.
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 interested:
AGENCY shall mean City of San Juan Capistrano wherever
appropriate.
IBOARD shall mean the City Council of the City of San
Juan Capistrano .
ENGINEER shall mean City Engineer or other person (s)
designated by same.
' 4 . Flow and Acceptance of Water
Surface or other waters may be encountered at various times
during construction. The Contractor, by submitting a bid,
acknowledges that he has investigated the risks arising from
surface or other waters and has prepared his bid accordingly.
' It shall be the sole responsibility of the Contractor to
protect his work from danger due to any waters encountered.
Should any damage to the work due to surface or other water
' occur prior to acceptance of the work by the City, the
Contractor shall repair such damage at his expense.
5 . Water
' Water will be available from the Capistrano Valley Water
District. Arrangements for temporary construction water
' services permit and water service may be made by contacting
the Capistrano Valley Water District at (714) 493-1515 one
week prior to need for service. All water facility con-
struction shall conform to the "Standard Specifications" ,
Capistrano Valley Water District , and "The Uniform Plumbing
Code" , 1982 Edition.
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.
-27-
0
' 6 . Insurance and Overhead Costs
The Contractor shall receive no direct compensation for
insurance and overhead costs. Accordingly, these costs
should be prorated to the appropriate bid items.
7 . Protection of Existing Utilities
The Engineer has endeavored to show all existing utilities.
The Contractor must, however, take all due precautionary
measures to protect all of the existing utilities .
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 . Construction Zone
' Contractor shall protect property and facilities adjacent
to the construction zone, and all property and facilities
within the construction zone which are shown on the plans
to be protected. After completion of project, the con-
struction zone shall be clean and in a presentable condition.
All public or privately owned improvements and facilities
shall be restored to their original condition and location.
In the event improvements of facilities are damaged, they
shall be replaced with new materials equal to the original.
' Nothing herein shall be construed to entitle the Contractor
to the exclusive use of any public street, way or parking
area during performance of the contract work, and Contractor
shall conduct his operations so as not to interfere with
the authorized work of utility companies or other agencies
in such streets , ways or parking areas.
' The Contractor shall be responsible for investigating con-
ditions of available public and private roads and of clear-
ances, restrictions and other limitations affecting transpor-
tation and ingress and egress to the site of the work.
10 . Permits
' The City has acquired the necessary permit from the Orange
County Flood Control District for construction of the storm
drain. A copy of the Encroachment Permit is attached to
these documents . The Contractor shall comply fully with the
requirements of the permit and no additional payment shall
be made.
' -28-
0
' SPECIAL PROVIDIONS OF ITEMS OF WORK,
MATERIALS & METHODS OF CONSTRUCTION
BID ITEM 1 - 24" Diameter R.C. P. , D = 1500
' This bid item shall include the furnishing and construction of
24" diameter reinforced concrete pipe. Excavation may be all
' or in part through rip-rap material and the unit price shall
include for this.
The workmanship and materials included in the work prescribed
' for this bid item shall conform to Section 207 and 306 of the
Standard Specifications.
Payment
The unit price for this item shall include all labor,
' materials, tools and equipment necessary for all exca-
vation and construction as specified and no additional
payment shall be made therefor.
' BID ITEM 2 - Junction Structure Type I with Inlet Type V
This bid item shall include the furnishing and construction of
junction structure type I per Orange County Standard Plan No .
310 with a grate assembly of inlet type V per Orange County
Standard Plan No. 305 per the detail on the plans. H=3 . 35 ' ,
' L = 4 ' r T = 811
.
The workmanship and materials included in the work prescribed
for this bid item shall conform to Section 200 and 306 of the
' Standard Specifications.
Payment
' The unit price bid for this item shall include all labor,
materials , tools and equipment necessary for all excavation,
1 construction of the junction structure and inlet as specified
and no additional payment shall be made therefor.
BID ITEM 3 - Remove and Replace Existing Concrete Lining with
' Barreled Outlet
This bid item shall include , the removing of the existing rein-
forced concrete lining at the joints shown on the plans. Joints
shall be saw cut. The reconstruction of the lining shall include
#4 bars at 12" o .c. both ways and the reinforced concrete
barreled outlet per Orange County Standard Plan No. 326 . Rebar
shall be lapped 30 diameters.
' All material removed shall become the property of the Contractor
and its disposal shall be the Contractor ' s responsibility.
-29-
The workmanship and materials included in the work prescribed
for this bid item shall conform to Section 200 and 300 of the
Standard Specifications.
Payment
' The lump sum price bid for this item shall include all
labor, materials , tools and equipment necessary for the
removal and replacement as specified and no additional
compensation shall be made therefor.
BID ITEM 4
This bid item shall include the furnishing and placing of rip-
rap per Orange County Standard Plan No. 809 to the extent shown
on the plans.
' This bid item shall also include for the excavation of existing
material. All material removed shall become the property of the
' Contractor and its disposal shall be the Contractor ' s responsib-
ility.
Payment
' The lump sum price bid for this item shall include all
labor, materials , tools and equipment necessary for the
excavating of existing material and the placing of rip-
rap as specified and no additional compensation shall be
made therefor.
' -30-
U PUBLIC PROPLORTY ENCROACMAENT PERMIT
' COILM"OF oRAMM PERMIT
DESIGNATED PRONE: 834-3488 ENVIRONMENTAL MANAGEMENT AGENCY NNo. 84-00689 (FC)
Failure wMake arrangamermfor inaPxu«tPrior REGULATION/PUBLIC PROPERTY PERMITS ee Validation
to orPmenMINIM of Pamkthed Use shag VOID rAab Oulu-4OOOIVIC C�lIfAOWo�WEST EFFE
' thisperma. DATE ate Below
SMRAMC AC CENTER
RIV1
OR—P.O.BOX 4041.SANTA ANA.CA 92/02 EXPIRA ge Special
HONO:AeFe"e.ea�saaaexzeze DATE rovision "B"
' The udMalRwO dstlarw to be throctrrant Wo owner of pmpwtylraatONa ellected M Oft pea
PERMITTEE This permb shag be ncr trsnato ble. ._ FACILITY NAME NUMBER
City of San Juan Capistrano
' Dept. of Public Works, Engr. Div. San Juan Creek Channel L01
32400 Paseo Adelanto
San Juan Capistrano, CA 92675 58
apehw Brian Perry TalaproneNo, 493-1171
PERMITTEDUSE: Use of Countyprapany is hereby authorized as follows,subjectto provisionson reveres hereotand aaaehed hereto:
To install, operate and maintain a 24-inch RCP storm drain entry within
County's San Juan Creek Channel right-of-way as shown on plans attached.
County Project Work Order No. F68220
' LOCATION OF WORK:
' San Juan Creek Channel U/S Trabuco Creek confluence. (City Yard)
TBM 38-C2
CONSIDERATION:
PeermFees $225.00 (CDF275) guray None required TOTAL $225.00
Check No. Cash Ratsip Data Trust Fund Invoice
' Fees paid by:
Contractor:
PERMITTEE'S ACCEPTANCE: COUNTY APPROVAL:
Per-ift"accepts Perim and agrees to comply with and be band by team thereof.
F69-62 (Sept. 23, 1969)
tP.awss
INSPECTION ASSIG Construction (834-3488) w/cc: OPS
,PERMITTEE SHALL COM ITH REGULATIONS PRINTED ON REVERSE SIDE OF PERMIT AND ATTACHMENTS
NO ,FOR YOUR PROTECTION CALL ALL UTILITIES BEFORE STARTING PERMITTED USE
_ t. ____ ii; 1 7 J _�; ,�..._ .L ii �.Lrl cf %: .. _ ,v(� __.0 l ... .._ . .i i� i(✓'�L[:Lr
0 •
' STANDARD PROVISIONS
1. Permits issued by this Agency are pursuant to the authority vested by the Board of Supervisors for the
County of Orange,Orange County flood Control District and Orange County Harbors.Beaches and
Parks District,any one or all of Which are hereinafter referred to as County.
' 2. Permittee agrees to save County, its agendas, districts, etc., including its officers, agents or
employees,harmless from any and all penalties,liabilities or loss resulting from claims or court actions,
arising directly or indirectly out of any damage or injury to persons or property by reason of the acts or
omissions of Pernittee, its agents, employees or independent contractors, in exercising any of the
' .
privileges herein granted or in consequence thereof.
3. Should any damage or injury to the County works occur,either through the acts of agents,servants or
employees of Permittee or by any independent contractor of Permittee in the exercise of the rights
' herein granted,Permittee shall immediately,upon the written demand of County,restore such works to
the condition of same on the date of the occurrence of said damage or injury at Permittee's cost or
expense.The question as to whether or not any such damage or injury has been caused to the works
shall be determined by the Director of the Environmental Management Agency and his determination
' shall be final.
4. County reserves the right unto itself to perform any work,upon any portion or all of the area covered by
this permit. or to do any other work necessary at any time. Such work may be performed without
incurring any liability of any nature whatsoever t0 the Permittee.It is further understood and agreed that
County reserves unto itself the rights of ingress over all or any portion of the subject area.
5. Neither this permit nor any of the rights herein granted shall be assigned without the prior written
' approval of the County.
8. By acceptance of this permit,permittee acknowledges and assumes all responsibility for compliance
with requirements of other regulatory governing agencies including but not limited to zoning
' regulations,applicable ordinances and laws.etc.,of the County of Orange.the State of California.or
others having regulatory control over the use granted herein.
7. A copy of this permit and approved plans.it applicable.shall be maintained at the site of work and be
t shown to any authorized representative Of the County or other regulatory governing agency upon
request.
8. Concurrently with the processing of this permit application,permittee shall deposit fees and surety, if
' required,in the amounts as specified.
9. No access orwork shall be performed within County right-of-way,without the full knowledge of assigned
inspector,who shall be given not less than 24 hours advance notice of the initiation of permitted use
' either by telephone,or by written notice delivered to this office during normal work days and hours.Said
notice shall include the name and telephone number of Permmttee's authorized representative
responsible for coordination and supervision of the permitted use.
Permittee further agrees that all operations within County right-of-way shall be subject to the operations
of County and other authorized persons and under the control and t0 the satisfaction of County
inspector.
' 10. This permit may be immediately revoked for reasons in the best interest of the County
including violation of permit provisions or other applicable rules and regulations or for the
creation of a nuisance upon notice given by the Director of the Environmental Management
' Agency or authorized representative. In the event of such revocation, Permittee shall
Immediately cease all operations and restore County right-of-way as directed by assigned
inspector.
COUNTY OF ORANGE -
' t ENVIRONMENTAL MANAGEMENT AG Y
•REGULATION/ PUBLIC PROPERTY FSITS -ce9l�)
SPECIAL PROVISIONS Permit No.
A. The granting of this permit is not an approval by the county
' of the adequacy or the method of providing for the drainage
of the area. Permittee, successors or assigns shall be responsible
for any work or action that may be required in the future to
maintain, improve, correct or modify the tributary storm drain
system.
B. This permit shall become void in the event the use permitted
is abandoned for a period exceeding one (1) year.
C. No open cutting or removal of the county flood control channel
section shall be permitted between October 15 and April 15,
except under conditions and a timing schedule approved by
the county.
Permittee's contractor shall provide for the free flow of storm
runoff in the flood control channel at all times and permittee
' agrees to assume full liability for any damage that may be
caused by contractor's failure to do so.
D. Permittee acknowledges its responsibility to carry or require its
contractor to carry adequate workers' compensation, public liability
and property damage insurance coverage.
® F02M212 1— 5/79