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1985-0604_CAPPELLO CONSTRUCTION_Contracti EXEMPT C7 IW --206445 RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano /) City Clerk's Department 32400 Paseo Adelanto Mary A over, City Cle k 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: VIA SONORA/PASEO BARRANCA DRAINAGE IMPROVEMENTS 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 4th day of June , 1985, by Resolution No. 85-6-4-1 That upon said contract the Fairmont Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 5th day of June 1 1985. Mary Anil 1pnover, City C1 rk 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 5th day of June , 1985 - RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -12 22 PM JUN 6'85 WUNIY !� RE WRDER• Mary ALYn IWnover, City Clerk the City of San Juan Capistrano CONTRACT "City" This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and Cappello Construction Company hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion 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 the Via Sonora/Paseo Barranna PrainA"A Improvements in strict confor- mity with the Plans, Specifications and all other contract docu- ments, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. -16- FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be im- practicable and extremely difficult to fix the actual amount of damages, and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty, one hundred dollars ($100) a day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. Contractor agrees to furnish bonds guaranteeing the performance of this con- tract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of Cali- fornia, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (1008) of the amount of this contract and shall be conditioned on full and complete per- formance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after com- pletion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (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 Specifications. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the pre- vailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk, 32400 Paseo Adelanto,'San Juan Capistrano, California, and are hereby incorporated and made a -17- part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified pre- vailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR agrees to carry Public Liability, Property Damage, and Workmen's Compensation Insurance in amounts as required by the Specifications. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is sub;ee7t to the provisions of the Government Code and the Labor Code of the State of California. Itis stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same ex- tent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipula- tion that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty tc City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calen- dar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. INWITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. DATED: December 4, 1984 APP 4:;1 O FORM: JOP SHAW, CITY ATTORNEY DATED: /e==@ I2-31-8l� BY CITY OF SAN JUAN CAPI MARY TAM HANOVER, CITY CLERK CAPPELLO CONSTRUCTION COMPANY BY ):t 7. OF VIA PASEO DRAINAGE Drainage improvements at the intersection of Via Sonora and Paseo Barranca were completed, as set forth in the Report dated June 4, 1985, from the Director of Public Works. Acceptance of Work: The Following Resolution was adopted: -1 CONSTRUCTION) - 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 VIA SONORA/PASEO BARRANCA DRAINAGE IMPROVEMENTS (CAPPELLO CONSTRUCTION, INC.) The Resolution accepted the project as complete in the amount of $12,840.00, and directed the City Clerk to forward a Notice of Completion to the County Recorder. { Payment status was as follows: Total Project Cost Less 10% Retention Previous Payments Amount Due Staff was authorized to make release the 108 retention 35 Notice of Completion. $12,840 1,284 9,936 1,620 payment as indicated and to days after recordation of the 6/4/85 0 AGENDA ITEM TO: Stephen B. Julian, City Manager 0 June 4, 1985 FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Final Report Via Sonora/Paseo Barranca Drainage Improvements (Cappello) SITUATION: The drainage improvements at the intersection of Via Sonora and Paseo Barranca are completed and 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: The current payment status is as follows: Original Contract Price $12,840 Total Project Construction Cost $12,840 Less 10% Retention $ 1,284 Total Due to Date $11,556 Previous Payments $ 9,936 Balance Due $ 1,620 Funds have been budgeted in account 06-4716-508 for this project. ALTERNATE ACTIONS: 1. Accept the project as complete. 2. Do not accept the project as complete. 3. Request further information from Staff. By motion, determine that the work for the Via Sonora/Paseo Barranca Drainage Improvements have been completed and declare the work to be accepted. Direct the City Clerk to record a Notice of Completion with the County Recorder forthwith. The total amount of work performed under this contract is $12,840. Authorize Staff to release the 10% retention thirty-five (35) days after recordation of the Notice of Completion. -------------------------------------------------------------- -------------------------------------------------------------- Respectfully submitted, \W � J� .D M 1 WDM/Bp:ol E7 #411, • RESOLUTION NO. 85-6-4-1 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 VIA SONORA/PASEO BARRANCA DRAINAGE IMPROVEMENTS (CAPPELLO CONSTRUCTION, INC.) WHEREAS, on the 4th day of December, 1984, the City of San Juan Capistrano entered into a contract with Cappello Construction, Inc., for the Via Sonora/Paseo Barranca Drainage Improvements; 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 12,840.00. SECTION 3. That the work is hereby accepted and approved. SECTION 4. The City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED AND ADOPTED this 4th day of June 1985 PHILLI R. S HWARTZE, 16MYOR ATTEST: I�CITY CLERIV -1- 0 0 STATE OF CALIFORNIA ) 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. 85-6-4-1 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 4th day of June , 1985 , by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer and Mayor Schwartze NOES: None ABSENT: None (SEAL) MARY ANNHANOVER,CITY'CLEPYr -2- _ S2400 P»ROlAO NLLA#TO� ! _. !3 r SAN JLA4iMAMTRANM, CAULFONNIA 92575 PLEASE DATE, SIGN, AND tricsra9asin7' ; ? RETURN THIS COPY TO THE CITY i CLERK."`+ December 6, 1984 Cappello Construction, Inc. 30281 Malaspina Road San Juan Capistrano, California 92675 Re: Award of Contract - Via Sonora/Paseo Barranca Storm Drain Gentlemen: At their meeting of December 4, 1984, the City Council awarded the contract for the Via Sonora/Paseo Barranca Storm Drain to your company at $12,840. Enclosed are two copies of the contract. Please sign and date both contracts, and return the "City" copy to this office along with all required bonds and insurance within 15 days. If you fail to execute said Agreement and 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. I am enclosing Pages 25 and 26 of the bid documents which cite the City's requirements for bond and insurance amounts. The City is also to be named as an additional insured pursuant to the Standard Specifications for Public Works Construction. These requirements must be met as stated before the contract is effective. If I can be of any help to you, please do not hesitate to call. Thank you for your cooperation. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH/mac Enclosures CC: Director of Public Works Director of Administrative Services Receipt of the foregoing Notice of Award is hereby acknowledged: By this 'Z31 day of OF-(— , 1984. i • BIDS, CONTRACTS, AGREEMENTS 1. VIA SONORA/PASEO BARRANCA STORM DRAIN (C80) (80) Written Communications: Report dated December 4, 1984, from the Director of Public Works, forwarding results of bids submitted for the Via Sonora/Paseo Barranca Drainage Improvement Project. The project was readvertised as authorized by Council on October 16, 1984. The report recommended an award of the bid in the amount of $12,840, and requested a budget amendment to transfer $8,000 to Account 06-476-508 from the Major Street Repairs Account, since budgeted funds were insufficient to cover all construction, staking, inspection, and administrative costs. Award of Bids: It was moved by Councilman Buchheim, seconded by Councilman Friess, and unanimously carried to award the contract for the Via Sonora/Paseo Barranca Drainage Improvement Project to the lowest responsible bidder, Cappello Construction Company of San Juan Capistrano, in the amount of $12,840; to reject all other bids; and, to authorize the Mayor and City Clerk to execute the document on behalf of the City. A budget amendment transferring $8,000 from Major Street Repairs to Account 06-476-508 was authorized. 2-''A 1 g`) AGENDA ITEM December 4, 1984 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract, Via Sonora/Paseo Barranca Drainage Improvements SITUATION The City Council approved funds in the 1984-85 budget to relieve a drainage problem in the cross gutter at the intersection of Via Sonora and Paseo Barranca. Bids were previously requested for this project but only one was received at $20,658. This project has now been rebid and the bids received are as follows: Cappello Construction Company $12,840 Zaich Construction Company 19,450 Field Services, Inc. 20,344 Gillespie Construction, Inc. 21,142 Gabi Construction Company 22,473 Ramirez & Bennett Construction $23,320 COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable FINANCIAL CONSIDERATIONS Funds budgeted in Account #06-476-508 are insufficient to cover all construction, staking, inspection and administrative costs, therefore a budget amendment to transfer $8,000 from the Major Street Repairs Account would be required. 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 Via Sonora/Paseo Barranca Drainage Improvements in the amount of $12,840.00 and reject all other bids. Authorize the Mayor and City Clerk to execute the documents on behalf of the City. By motion, authorize the transfer of $8,000 from the Major Street Repairs Account to accommodate the project. t W. D. Murphy WDM:BP/rem :';gip rri ry � ,., �t.i;;i� ;,G t:JA r� - t r • RECEIVED 0 Bond No. FB -002888 ---- ---- ---- Prem. Amt,$154.00 1� pp�� 85 '';c FEBFAIRVANT INSURANCE COMPANY &wvl,-5Lt3- CITY CLERK DEPARTMENT PERFORMANCE BOND CITY f1f SAN JUAN coil irCALIFORNIA PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS, That we, Cappello Construction Ccmpany/Cappello Construction, Inc. 30281 Malaspina Rd., San Juan Capistrano, CA 92675 as Principal, and Fairmont Insurance Company - - a Corporation vorganized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of San Juan Capistrano (hereinafter called the Obligee), in the sum of TWelve thousand eight hundred & no/100 ----------------- -------------------------------------- 12 800.00 ), -- -- --Dollars ($ for the payment whereof well and truly to be made and we each of us bind ourselves, our heirs, executors, ad- ministrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, Whereas, the above named bounded principal entered into a contract dated —member. 4_ _.._.19 84 ...with the said Obligee to do and perform the following work, to wit: a copy of which contract is or may be attached hereto, and is hereby referred to and made a part hereof. NOW, THEREFORE, it the above bounden principal shall well and truly perform the work contracted to be per- formed under said contract, then this obligation to be null and void; otherwise to remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the said Obligee. SIGNED AND SEALED this_ ._..-. 25th____- _- day of -January 1985 -- - - - Cappello Construction Conq)any/ Cappello �#instruction, Inc. � - Principal 5-302 (10-83) By Ora�L. Ervin Attorney -m -fact State of California County of Tnc AnqelaG SS 25th On this day of `7anudY'y in the year 1985 before me personally appeared L� Anwney In personally known to me -Foci (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of. Fairmont Insurance Company , and acknowledged to me that he subscribed the name of the said company thereto as surety, and his own name as Attorney-in-Fact. O-FICIAL Sip, �,Ia;.. Nis' iGT iAS4F�L L 1r a H v as• C4tIFCRI0A ���S '@In::VC0.1- GFRCE IN �� �t (Notary Public) ±�v ia;i�r>sin;t Lztires A�r.27, 7988 S-318 (10-83) F;OMONT INSURANCE COMEWY Burbank, California POWER OF ATTORNEY KNOW ALL MEN BV THESE PRESENTS: That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and appoint Gerald L. Ervin as its true 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, consents of surety or other written obligations in the nature therof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws are now in full force and effect: ARTICLE IV, Section 13. ATTORNEYS -IN -FACT AND AGENTS. The chairman of the board, the president, the vice president, the chief financialofficer, ort the secretary o the corporation may appoint attomeys-in-fact or agents with power and authority, as defined or limited in their respective powers of attorney, for and on behalf of the corporation to execute and deliver, and affix the seal of the Corporation thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said oficers may remove any such attorney-in-fact or agent and revoke the power and authority given to him or her. ARTICLE IV, Section 14. AUTHORITY TO BIND. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof s a vat —ana binding upon the corporation when signed by the chairman of the board, the president, the vice president, the chief financial officer, or the secretary of the corporation and duly attested and sealed, if a seal is re cured, by the secretary or assistant secretary, or shall be valid and binding upon the corporation when duly executed and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent, pursuant to and within the limits of the authority granted by his or her power of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called and held on the 4rd day of October, 1983: RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance consent of surety or other written obligation in the nature thereof; such signature and seal, when so used, being hereby adopted by the corporation as the origginal signature of such officer and the original seal of the corporation, to be valid and binding upon the corporation with tt a same force and effect as though manually affixed. IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be si�rted by its proper officer and its corporate seal to be hereunto affixed this 12thday of November, 19£14 APA. 10 a CALIP %%% SPA3 (11/84) FAIRMONT INSURANCE COMPANY By Si ture Henry F. right,Vice • resident (Over) State of California u. County of Los Angeles Henry F. Wright , personally known to me, was by me duly sworn, and did depose and say: that he/she resides in the State of California; that he/she is the duly elected vice President of FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru- ment; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such cor- porate seal; that it was so affixed by authority of his/her office under the Bylaws of said corporation, and that he/she signed his/her name thereto by like authority. Subscribed and sworn to me this 12th day of November OFFICIAL. SEAL HARRIET LAMBELL NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY MY Commission Expires Apr. 21,1988 - CERTIFICATION Notary Public in and for said County and State. , 1984 I, Patricia J. O.Brien , the Assistant Secretary of FAIRMONT INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13. and 14. of Article IV of the Bylaws have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Burbank, California, this SEAL APR. 10 1910 25th day of January , 19 85 (3&4 �'_ / M 1P Title: Patrici . 01 Brien Assist4t Secretary Originated by: Date of Origin: Surety Manager t r RECEIVED r1AjP1"QI1� o#4SURANCE COMPANY PAYMENT BOND CITY CLERK CEPY OFULIFORNIA PUBLIC WORK JUAN CAM_ fF; ,r!D KNOW ALL MEN BY THESE PRESENTS, That we, Cappello Construction Company/Cappello Construction, Inc. as Principal, and Fairmont Insurance Company a Corporation organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto The City of San Juan Capistrano as Obligee, in the aggregate total of __?twelve thousand eight hundred & no 100--_--- Dollars($12 800.00 ), for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors, ad- ministrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated entered into a Contract with December 4, 1984 The City of San Juan Capistrano for Construction of the Via Sonora/Paseo Barranca Drainaqe Improvements NOW, THEREFORE, if the Principal or his subcontractors, shall fail to pay any person named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any person named in Section 3181 of the Civil Code of the State of California, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and his subcontractors pursuant to Section 13020 of the Unemployment In- surance Code, with respect to such work and labor, the Surety will pay for the same in an aggregate amount not ex- ceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court in accordance with Section 3250 of the Civil Code of the State of California. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to such person or his assigns in any suit brought upon this bond. SIGNED AND SEALED this 19 85 S-303(10-83) 25th day of 7anuary Cappello Construction Company/Cappello —� �/tionsLrucuon, inc. �1 Principal Fairnopt Insurance Company By rald L. Ervin Attorney-in-fact State of California County of _ Los Angeles SS On this 25th day of January in the year 19 8$ before me personally appeared GERALD L EIMN Attorney lrvPad personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -in -Fact of. Fairmont Insurance Company , and acknowledged to me that he subscribed the name of the said company thereto as surety, and his own name as Attorney-in-Fact. (IPf ILIAL SEAL 'LL HAFP,;ET LAMPELL N)TAP.Y PIILLIC— CALWOkWA y� `�R:NciPAL CJF'I`E'N (Notary Public) dD8 ANGELES CC'UNTY S-318 (10-83) My COMWsabo EAPires Apr. 27, 1988 FA•MONT INSURANCE COMPOY Burbank, California POWER OF ATTORNEY KNOW ALL MEN BV THESE PRESENTS: That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and appoint Gerald L. Ervin as its true 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, consents of surety or other written obligations in the nature therof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws are now in full force and effect: ARTICLE IV, Section 13. ATTORNEYS -IN -FACT AND AGENTS. The chairman of the board, the president, the vice president, the c to mama officer, ort the secretary o t e corporation may appoint attorneys -in -fact or agents with power and authority, as defined or limited in their respective powers of attorney, for and on behalf of the corporation to execute and deliver, and affix the seal of the Corporation thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said oficers may remove any such attorney-in-fact or agent and revoke the power and authority given to him or her. ARTICLE IV, Section 14. AUTHORITY TO BIND. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature tFe-r-e-oF'sFaff-15e-valia-ama binding uppon the corporation when signed by the chairman of the board, the president, the vice president, the chief financial officer, or the secretary of the corporation and duly attested and sealed, if a seal is required, by the secretary or assistant secretary, or shall be valid and binding upon the corporation when duly executed and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent, pursuant to and within the limits of the authority granted by his or her power of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called and held on the 4rd day of October, 1983: RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance consent of surety or other written obligation in the nature thereof; such signature and seal, when so used, being hereby adopted by the corporation as the original signature of such officer and the original seal of the corporation, to be valid and binding upon the corporation with the same force and effect as though manually affixed. IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 12thday of November, 1984 APR. 10 1970 1f Primed in U 5 A. SPA3 (11/84) FAIRMONT INSURANCE COMPANY By Si ture Henry F. right, Vice resident (Over) State of California 88. County of Los Angeles Henry F. Wright personally known to me, was by me duly sworn, and did depose and say: that helshe resides in the State of California; that he/she is the duly elected vice President of FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru- ment; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such cor- porate seal; that it was so affixed by authority of his/her office under the Bylaws of said corporation, and that he/she signed his/her name thereto by like authority. Subscribed and sworn to me this 12th OFFICIAL SEAL HARRIET LAMBELL NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Coinmissiol Expires Ape. 27, 1988 day of November CERTIFICATION Notary Public in and for said County and State. 1984 1 Patricia J. O.Brien 'the Assistant Secretary of FAIRMONT INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13. and 14. of Article IV of the Bylaws have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Burbank, California, this 25th SEAL Originated by: APR. 10 1910 W Surety Manager day of Januaxy . 1985 O / Title: Pat rici O'Brien Assist Secretary Date of Origin: 0 B ID PROPOSAL n u For the: Via Sonora/Paseo Barranco Drainage Improvements CAPPELLO CONSTRUCTION illlt'. 30281 MALASPINA RD. From: SAN JUAN CAPD, ca naeve 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 con-struction 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: $ 6N0.0 b 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 30 days. -4- 0 ! ' 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 I , II proposal. Accompanying this proposal is C.ASHIFR,S Cl%fCtK (insert "$ cash", cashier's check, certified check or bidder's bond, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. -5- 1 • ! 1 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: 1 pA�jwMoj)NT tr+G P.n P36X:315n tiUR"OkMK CA 1AK10 Licensed in accordance with an act providing for the regis- tration of contractors -- License No. 3cL 351 1 Signature of Bidder: 1 L2a& Aild::: 1 1 (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, 1 and Manager thereof.) Dated: tt-2L-8y C+At.ASP[IrH SzD. SS.L 1 -Business Address 1 IoA- 443- 14LP I Telephone Number 1 Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, 1 that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. 1,� Dated: /.- �- ,F4 ��'� adK Signatu3fe of Bidder 1 Telephone Number 1 1 1 -6- ' & 0 ' SCHEDULE OF WORK ITEMS ' Item Approx. Work Item With Units Unit Price Total No. Quantity (Price Written in Words) (In Figures) Amount 1. L.S. Remove existing.concrete cross ' gutter and curb for the lump sum price of!Too v O dollars. $ 57vo. o J 2. 1 EA. Construct junction structure ' type I without manhole for the unit price of /-g60-v0 LL dollars per each. $ /_gB0.00- $ /f 6i 0. 00 3. 84 L.F.// Construct 18" diameter D=2000 ' RCP for the unit price of ollars r lineal foot. $ 10-00 $ Jr• �'FD.oJ 4. 12 L.F. Construct 18" diameter D=2000 RCP, radius - 22' feet for the unit price of dollars per YirCAal foot. $ �p•D O $ 7L0.00 ' S. L.S. Construct 18" diameter CMP,bends and reducerfor the lump sup� of F_4r 1/�af2arc _ price .AW dollars. $ SPO -OD 6. 56 L.F. Construct 12" diameter slotted ' drain -for the, unit price of —�dllar�s per lineal foot. $ 50.0 0 $ 2eV0 6 7. L.S. Reconstruct concrete cross ' gutter and curb, removed pre- viously for the lump sum price of f._run, p &,,JM4- dollars. $ tbOLOd 1 1 6a TOTAL $ / 2-, k'l0. ' NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY ' BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA _ ) County of Q%T/'vlJ & ) ss. WA_T6 <� eA805C ) being first duly ' sworn deposes and says that he is �,FQ of CAPPF in CnuSl"' CO- the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, ' company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or any- one else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or ' indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bid- der, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage ' against the public body awarding the contract of any one inter- ested in the proposed contract; that all statements contained in ' such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative ' thereto, or paid and will not pay any fee in connection there- with, to any corporation, partnership, company, association, ' organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as ' have a partnership or other financial interest with said bidder in this general business. , -7- On this the O(b day of y06OEM A —, 19�/ ' before me, the undersigned, a Notary Public in and for said State, personally appeared U)AA ' CJC/ ()A ff d personally known to me/proved ' to me on the basis of satisfactory evidence, to be the person(s) whose name(s) J5 subscribed to the within ' instrument, and acknowledged thatexecuted it. WITNESS my hand and official seal. I / . A All \A . Notary P li -- and for sa 1 1 1 1 1 1 -8- e ------------------- OFFICIAL SEAL KATHLEEN L STIERLEY NOTARY PUBLIC . CALIFORNIA ORANGE COUNTY My comm, ezp'aes JUN 27, 1986 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 2. ' 3.— 5. ' 6. 7. CAPPELLO CONSTRUCTION Ift.CC� 30281 MALASPINA RD. SAN JUAN CAPD., CA 425:5 ' BIDDER'S NAME wa2c W, AUTHORIZED IGNATURE PHONE NO. B I D O P E N I N G R E P O R T Bids opened N O V 2_t`tM y,<- -COP at : CCS am( mtW Project Title Project Engineer Pre -Bid Estimate Bid Bid Bidder: 1. CAPPELLO CONSTRUCTION COMPANY 2. GABI CONSTRUCTION COMPANY, INC. 3. 4. ZAICH CONSTRUCTION, INC. FIELD SERVICES, INC. 5. GILLESPIE 6. RAMIREZ A 7. 8. 9. 10. Amount Bond Z4 4E ya � �? 00 20 (A' J *a O o �o cc: City Clerk's Staff (3) Signed Public Works (3) `" City Manager (1) Dated //�Z 6 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 STATE OF CALIFORNIA 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. and not a party to or interested in the above -entitled matter. I am the principal clerk of the Capistrano Val- 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, County of Orange and the South Orange County Judicial District; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supple- ment thereof on the following dates, to wit: October 25, 1984 November 1, 1984 I declare under penalty of perjury that the foregoing is ture and correct. Executed at Mission Viejo, Orange County California, this..l..... day of Nov 19 84 d ................... . Signature Capistrano Valley News 23811 Via Fabricante P.O. Box 3629 Mission Viejo, Calif., 92690 This space is for the County Clerk's Filing Stamp RECEIVED NOV 5 3 49 FM '84 CITY CLERK DEPARTMENT CITY OF SaN JUAN CAr1-taNg Proof of Publication of NOTICE. INVITING, BIDS ..... . . . . . . . . ........... . ... . NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Jody Kolar, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: THURSDAY, OCTOBER 25, 1984 and THURSDAY, NOVEMBER 1, 1984 NOTICE INVITING BIDS - VIA SONORA/PASEO BARRANCA - DRAINAGE IMPROVEMENTS PROOF OF PUBLICATION: Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 AUTHORIZED BY: DATE: October 18, 1984 Date of Bid Opening Date(s) notice published Date affidavit received Date notice posted in designated posting places (3) - 11/26/84 - 10/25/84 & 11/1/84 - 10/25/84 0 0 ICE INVITING BIDS Via Sonora/Paseo Barranca - Drainage Improvements Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Via Sonora/Paseo Barranca - Drainage Improvements until 2:00 P.M. on the 26th day of November, 1984. A pre-bid conference is scheduled at 10:00 A.M. on the 19th day of November, 1984, 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: October 18, 1984 C' /' �/ nn C YTY C ER CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will up to 2:00 p.m. on the 26th day of November ,1984 receive sealed proposals or bids for the Via Sonora/Paseo Barranca - Drainaae Imorovements , in accordance with the approved plans and specifications on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accompanied by a certified check, cash, cashier's check or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a.m. on the 19th day of November , 1984, at the City offices. The con- tractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. 0 0 The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Perfor- mance Bond equal in the amount of one -hundred percent (100%) of the contract price. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of 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 one on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and speci- fications for use in preparing bids may be obtained at the office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor's License number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. -2- This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 17th day of October. J984 CITY CLERK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- E 0 2. REJECTION OF BIDS - VIA SONORA/PASEO BARRANCA DRAINAGE rnn ncv+iuc+rrmc /noel ir) (80) Written Communications: Report dated October,16., 19840 --from the Director of Public Works, advising that only one bid, in the amount of $20,658, was .received for the Via Sonora/Paseo Barranca Drainage Improvements. The Engineer's Estimate was $10,400; $13,000 was budgeted in Account 06-4716-508. Due to the amount of the bid received, the report recommended the project be re -bid. Rejection of Bid/Call for Bids: It was moved by Councilman Buchheim, seconded by Councilman Schwartze, and unanimously carried to reject the bid received and to authorize staff to readvertise to receive bids for the Via Sonora/Paseo Barranca Drainage Improvement project. u\v(,7, �0 _ `. � L.. Alm v AGENDA ITEM TO: S. B. Julian, City Manager October 16, 1984 FROM: W. D. Murphy, Director of Public Works SUBJECT: Consideration of Bids - Via Sonora/Paseo Barranca Drainage Improvements SITUATION: The City Council approved funds in the 1984-85 Budget to relieve a drainage problem in the cross gutter at the intersection of Via Sonora and Paseo Barranca. Only one bid was received for this project and this is for $20,658, compared with the Engineer's estimate of $10,400. COMMISSION/BOARD REVIEW AND RECOMMENDATION: Not applicable FINANCIAL CONSIDERATIONS: The City budgeted $13,000 in Account No. 06-4716-508 for this Capital Project. As only one bid was received and this is considerably in excess of the Engineer's estimate, Staff is recommending that the City Council authorize that the project be re -bid. TERNATE ACTIONS: 1. Reject the bid and authorize Staff to readvertise to receive bids. 2. Approve a budget amendment to fund the project and award the contract. 3. Abandon the project for this financial year. RECOMMENDATION: By motion, reject the bid and authorize Staff to readvertise to receive bids for the Via Sonora/Paseo Barranca Drainage Improve- ment project. Respectfully submitted, f-�;/ W. D. Murphy WDM /BP : o l FOR CITY COUNCIL AGENDA 0 0 B I D O P E N I N G Bids opened (�{ �pa �qR at al. DO am(Al�.ffi) Project Title Project Engineer 1� k /�z -C\ Pre -Bid Estimate )(? Bid Bid Bidder: Amount ,� `� Bond 1. GILLESPIE CONSTRUCTION, INC. 4%6 2. 3. 4. 5. 6. 7. 8. 9. 10. cc: City Clerk's Staff (3) Signed P / -x- Public Works (3) — W City Manager (1) Dated - P `� The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. 0 BIDS, CONTRACTS, AGREEMENTS 1. 0 (80) Written Communications: Report dated September 18, 1984, from the Director of Public Works requesting approval of plans and authorization to receive bids for correction of drainage problems in the cross gutter at the intersection of Via Sonora and Paseo Barranca. Funds in the amount of $13,000 were budgeted in the 1984-85 Budget, Account No. 06-4716-508; the Engineer's Estimate for the work was $10,400. Approval of Plans/Call for Bids: It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried to approve the plans and specifications for the Via Sonora/Paseo Barranca Drainage Improvements and to authorize a call for bids. qP Oy 0 AGENDA IT TO: S. B. Julian, City Manager 40 September 18, 1984 FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Plans and Specifications and Authorization to Call for Bids - Via Sonora/Paseo Barranca Drainage Improvements 6Yr1111/_�I1�[I7Jii The City Council approved funds in the 1982-1985 Budget to relieve a drainage problem in the cross gutter at the inter- section of Via Sonora and Paseo Barranca. Plans and specifications have now been prepared for this project and Staff is requesting approval of the plans and authorization to receive bids. COMMISSION/BOARD REV Not applicable AND RECOMMENDATION: FINANCIAL CONSIDERATIONS: The City budgeted $13,000 in Account 06-4716-508 for this Capital Project. The Engineer's estimate for the work is $10,400 and sufficient funds are still available to cover this. ALTERNATE ACTIONS: 1. Approve the project. 2. Do not approve the project. 3. Request more information from Staff. --------------------------------------------------------------- --------------------------------------------------------------- RECOMMENDATION: By motion, approve the plans and specifications for the Via Sonora/Paseo Barranca Drainage Improvements and authorize the receipt of bids. IRespectfull�bmitted, W� W. D. Murp y WDMmen \\\ attachment / FOR CITY COUNCIL AGENDA i 0 AWARD OF CONTRACT FOR CITY YARD Written Communications: Report dated June 18, 1985, from the Director of Public Works, forwarding results of bids received for improvement of the area between the existing City Yard and the San Juan Creek levee. Funds were budgeted in the 1984-85 budget, Account No. 06-4715-53; the project was encumbered in the 1985-86 budget. Award of Contract: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to award the contract for the City Yard Drainage to San Juan Creek to the low responsible bidder, Cappello Construction Company of San Juan Capistrano, in the amount of $14,240. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. �J NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will up to 2:00 p.m. on the 8th day of October, 1984, receive sealed proposals or bids for the Via Sonora/Paseo Barranca - Drainace Improvements , in accordance with the approved plans and specifications on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accompanied by a certified check, cash, cashier's check or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a.m. on the 1st day of Octobers 1984, at the City offices. The con- tractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. • 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 one on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano; California. Copies of the plans and speci- fications for use in preparing bids may be obtained at the office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor's License number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. -2- 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 CLgkK CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange This space is for the County Clerk's Filing Stamp RECEIVED OcT 10 1146 4# #14 CITY CLERK DEPARTMENT CITY Sm JUAN CAP! TRAM'.; I am a citizen of the United States and a resident of the County aforesaid: I am over the age of twenty one years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Capistrano Val- 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, County of Orange and the South Orange County Judicial District; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supple- ment thereof on the following dates, to wit: September 27, October 4, 1984 I declare under penalty of perjury that the foregoing is ture and correct. Executed at Mission Viejo, Orange County California, this .. ? ..... day of Oct 19 . E!k ... . Signature Capistrano Valley News 23811 Via Fabricante P.O. Box 3629 Mission Viejo, Calif., 92690 Proof of Publication of NOTICE INVITING BIDS ................................................ I...... NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Jody Kolar, Legal FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: THURSDAY, SEPTEMBER 27, 1984 and THURSDAY, OCTOBER 4, 1984 NOTICE INVITING BIDS - VIA SONORA/PASEO BARRANCA - DRAINAGE IMPROVEMENTS PROOF OF PUBLICATION: Please send to: AUTHORIZED BY: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 DATE: September 20, 1984 Date of Bid Opening Date(s) notice published Date affidavit received Date notice posted in designated posting places (3) - 10/8/84 9/27/84 & 10/4/84 9/27/84 0 NOTICE INVITING BIDS Via Sonora/Paseo Barranca - Drainage Improvements Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the Via Sonora/Paseo Barranca - Drainage Improvements until 2:00 P.M. on the 8th day of October, 1984. A pre-bid conference is scheduled at 10:00 A.M. on the 1st day of October, 1984, at the City offices to assist contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at a non-refundable charge of $10.00, plus a charge of $5.00 for each set of Plans and Specifications mailed. Dated: September 20, 1984 CITY CLE CITY OF eAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA CERTIFICATE OF INSURANCE 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 E.pironon Date Policy Number ++ Unless otherwise Indicated, this policy affords full coverage under the Workers' Producer No.: 1043 Cappello Construction, Inc. Compensation laws of all states (except states where coverage can be provided only by State Funds, and Canada) and as designated In the policy and endorsements for Coverage Place: Santa Ana 30281 Malaspina Road Date Issued: 8-31-84 San Juan Capistrano, CA 92675 Region: Ana/LA Limits of Liability cenerahensive 2 4-15-85 2025 04 034920 General ensiveLiability Bodily injury Property Damage Kind of Coverage` E.pironon Date Policy Number ++ Unless otherwise Indicated, this policy affords full coverage under the Workers' Compensation laws of all states (except states where coverage can be provided only by State Funds, and Canada) and as designated In the policy and endorsements for Coverage Workers' Compensation+* B - Employers' Liability. Limits of Liability cenerahensive 2 4-15-85 2025 04 034920 General ensiveLiability Bodily injury Property Damage § 500,000 Each Occurrence $ 100,000 Each Occurrence Sped Trademark SecPeril or arrkk (Section II only) $ 500,000 Aggregate $ 100 000 Aggregate Single Limit $ Each Occurrence Products - Completed Operations: EXIncluded ❑ Excluded Contractual - All Written Contracts: QLlncluded ❑ Not Covered $ Aggregate Owners', Landlords $ Each Occurrence $ Each Occurrence and Tenants' Liability $ Aggregate Contractual Liability $ Each Occurrence $ Each Occurrence Designated Contracts Only $ Aggregate Single Limit $ Each Occurrence $ Aggregate Automobile Liability 12 14-15-8405 034920 $ Per Person ❑ All Owned Autos ❑ Hired and Nonowned Autos $ Per Accident $ Per Accident ❑ Specified Autos Only Single Llmlt $ 500,000 Per Accident $ 1, 000 O00ach Occurrence Umbrella Liability 2 4-15-85 2025 06 034920 , $ 1,000, 000kggregate Products- Completed Operations $ lO 000fietention Special Provisions/Locations/Specified Autos: The City of San Juan Capistrano is an additional insured but only with respect to Liability arising out of the following described job: Valley Road Sewer, Phase II If any policy described above is canceled during its term by the company (or the coverages afforded are reduced), the company will mail notice thirty (30) days before the effective date of such cancellation (or change) to the party named below. Anywhere in the United States of America, its territories or possessions or Canada Not withstanding go, 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- 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 some number. Ok� Issued to: • City of San Juan Capistrano 32400 Pasea Adelanto San Juan Capistrano, CA 92675 *Issued by 1. WAUSAU LLOYDS 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company (, g 3. WAUSAU UNDERWRITERS INSURANCE COMPANY 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU Signed ��V d Company Rep IA9 (S) IS_V3 0 MEMORANDUM August 10, 1984 n U TO: James Okazaki, City Attorney FROM: Dana R. Kasdan, Associate Civil Engineer SUBJECT: Bids - Valle Road Sewer, Phase II This memorandum is to confirm the results of our discussion yesterday. At our meeting you indicated that the apparent low bid which was received on August 8, 1984, for the above project would still be valid if the bidder failed to enter his total price on page 4 of the Bid Proposal, but had entered it in another location (in this case, page 6-c.) Based upon your counsel I am therefore proceeding with an agenda item for City Council approval at their meeting of August 21st, which will recommend award of the contract to this apparent low bidder. DRK/rem attach. xc: City Clerk ✓ e i.7 B I D P R O P O S A L For the: Valle Road Sewer - Phase II; Freeway Crossing to Capistrano Terrace Mobilehome Park From: To the Honorable City Council City of San Juan Capistrano Gentlemen: 0 Contractor 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: (T- LEFT FJ`( A?PAPeeQ_r LC'W Words gures 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 90 calendar days. I 9 0 SCHEDULE OF WORK ITEMS - CONT'D Item Approx. Work Items With Units Unit Price Total T. No. Quantity (Price Written in Words) (In Figures) Amount 18. 20 L.F. Furnish and install 6" Sewerline per special r requirements for crossing of water mains for the unit price of r - dollars per lineal foot $ 5 is i TOTAL BID PRICE (enter here and on Page 4) words V1,LY ollars figures NOTE: If pipe other than vitrified clay extra strength is proposed to be used, please indicate below the type and manufacturer: type -6c- manufacturer Zr c 888'80' C0.1 6� 9 a I - TA tlw�m V1 'k 2sag lt, A 1, 1911 P Jt k'K'i jl'o 16 4; n cyV 5�j �4z, 4z ZIQ 0, 0 Q�- , Q4 C'n IL Z �Al 11 1 Qr 'n' vV vq kN QQ C,- � i — I T I I gN oa 9i� - YN b 8g1 $ F&aj1 X48' a itc it P V Vm li �i �i V T� fJ, N�3 AQ, = �i gg �N 000;000v; v��t j�la�`y4JV.�U� L �,ti����4 Opo �`N --E57 \ N 41 TY A� ro Q) ti ul 0) -WU) r Q) � 0 U2 O Q) 4J 4J co 0co 12 41 41 0 ro 0 p Z w U) W Q) s4 co �4 z Q) 1 (1) �4 41 .H U) G) w O Q1 N a z z m 0 0 A w w 0 �a 0 w a 0 C ro Sa 4J N m U C ro h ro w 0 U U <) � � b a in N N Np h C G N N v x p N W E ra O W LI 1 Q) n. N v Z N U o" G E N U7 a z a a) 6 W O N s4 ca w o N T v v- 00 N JJ 1J ro a 00 , 'H a s4 o v ° T v v ro v iz a caoa ol " a o c > > a W vro n p 4 U a aa) 4J 41 H ro N 0 0 � rn v m —" i✓1 � o o c L oro C-6 v o 1 TO o H v 1 O r Y s w W O H Z PW r S- 4. ul rn ro W J v v< L U t� Q) o z aw v \ L4 N i - �� F o vN d d� �Q G o _�ri� o Vi �' j �1 �� VmcJ v �vCD Q x a 14 N 1� f CALIFORNIA PRELIMINARY AOTICE THIS IS NOT A LIEN, (THIS IS NOT MKFLECT ON SECTION ON THHE7AND 3098, CA INTEGRITY OFLA O CONTRACIVIL 922214 CTOR OR SUR YOU ARE HEREBY NOTIFIED THAT._ � IF0 9463 r - ' , '- . Inland Gon=ete Enterprises, Ino. (name of person or firm furnishing labor, services, equip- ment or material) CONSTRUCTION LENDER or Reputed Construction Lender, if any O OWNER or or Reputed Owner W(on private work) N 2434 Rnhs_d_o_uz Boulevard (address of person or firm fuurr�nniisshiing labor, services, Riverside, CA 925W equlpm¢nt or material) has furnished or will furnish labor, services, equipment, or materials of the following general description: Manhole pipe _ (general description of the labor, services, equipment or material furnished or to be furnished) for the building, structure or other work of improvement located at: Valles PA. -Ani. so. of San OLD HERE Juan 0r4Wkr j ej6uSMcW&tec&piati'a= (Valley Road phasIe I8mi sufficient for identification) The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: PUBLIC AGENCY (on public work) E city of Sea Juan Capistrano 3244 Paseo Adellel R San Juan Capistrano, CA 92675 L CConstruction loan no C FOLD HERE ORIGINAL CONTRACTOR or Reputed Contractor, if any (if known) Wilt Cabello_ y�e�p (name and address of Rom Sign or firm) 30281 Malasyina Road - Sea Jnaa Cayistnaao, CA 92675 An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: $WA (Dollar amount must be furnishes to construction !antler — optional as to owner or contractor) Trust Funds to which Supplemental Fringe Benefits are Payable. (Material men not required to furnish) (name) (address) (name) (atltlress) (address) (name) NOTICE TO PROPERTY OWNER If bills are not paid in fult for the labor, services, equip- ment, or materials furnished or to be furnished, a me- chanic's lien leading to the loss, through court fore. closure proceedings, of all or part of your property being so improved may be.. placed against the property even though you have paid your codtljitor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to.furnish a signed release by the person or firm giving you this notice before making navrapnt fn vrur rnnt.nrm. — H1 .... ...L... ......�..� Rlob OCT 141984 CITY OF gq�; JOAN CAPISTRANO, �`9' CAI IfORNIA Y ORIGINAL CONTRACTOR or Reputed Contractor, if any NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equip- ment, or materiels furnished or to be furnished, a me- chanic's lien leading to the loss, through court fore- closure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourseM against this consequence by (1) requiring your contractor to furnish a signed release by the person or -firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. Bated: 1() 0$/Ra _ -__ r — —mgr— signature - - (title) Telephone Number (714—_) 779AARn This form (No. 594 Revised 1/80) © Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 382-7151 CALIFORNIA PRELIMINARY &OTICE 1090556 IN ACCORDNITH SECTION 3097 AND 3098, CALIFOFW CIVIL CODE THIS IS NOT ALIEN, THIS IS NOT r LECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT... 3FNHALLC0, (name of person or firm furnishing labor, services, equip- ment or material) CONSTRUCTION LENDER or Reputed Construction Lender, if any1801 PENNALL WAT (address of person or firm furnishing labor, services, ANAHEIM, CA. _ equipment or material) - has furnished or will furnish labor, services, equipment, or materials of the following general description: STOMPER -..._ --- (general description of the labor, services, equipment or material furnished or to be furnished) for the building, structure or other work of improvement located at: VALLEY RD /405 FOLD HERE (address or description of job site SAN JUAN CAPISTRANO, CA. sufficient for identification) The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: CAPPELLO CONST. (name and address of person or firm) MALASPINA RD. O30281 OWNER or PUBLIC AGENCY — or Reputed Owner (on public work) SAN JUAN CAPISTRANO CA. W(on private work) An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: N s2affloom E CITY OF SAN JUAN CAPISTRANO (Dollar amount must be furnished to construction lender — optional as to owner or contractor) / 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA. 92675 Trust Funds to which Supplemental Fringe Benefits are R Payable. (Material men not required to furnish) L(name) (address) CConstruction loan no. (if known) (name) (address) O FOLD HERE (name) (address) P(name) (address) Y ORIGINAL CONTRACTOR or Reputed Contractor, if any NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equip- ment, or materiels furnished or to be furnished, a me- chanic's lien leading to the loss, through court fore- closure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourseM against this consequence by (1) requiring your contractor to furnish a signed release by the person or -firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. Bated: 1() 0$/Ra _ -__ r — —mgr— signature - - (title) Telephone Number (714—_) 779AARn This form (No. 594 Revised 1/80) © Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 382-7151 MA OCT 12 1*4 ► r,,tTY OF IWN CAPISTRAM -ALIFORNIA CALIFOQIA PRELIMINARY NOTICE 1171613 IN ACCORDA ITH SECTION 3097 AND 3098, CALIFO CIVIL CODE --— ", THIS IS NOT A LIEN, THIS IS NOT_ A REFLECTION ON THE INTEGRITY OF ANY C TRACTOR OR SUBCONTRACTOR 1 YOU ARE HEREBY NOTIFIED THAT... t PENHALL CO. (GROOVER) _ (name of person or firm furnishing labor, services, equip- ment or material) O W N E l iq C O P Y CONSTRUCTION LENDER or Reputed Construction Lender, if any 1801 PENHALL WAY (address of person or firm furnishing labor, services, ANAHEIM, CALIFORNIA equipment or material) has furnished or will furnish labor, services, equipment, or materials of the following general description: GRINDER (general description of the labor, services, equipment or material turn "shed or to be furnished) for the building, structure or other work of improvement located at: VAILE RD. /405 FOLD HERE (address or description of lob site SAN JUAN CAPISTRANO, CA. sufficient for identification) The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: CAPPELLO CONST. _ (name and address of person or firm) 30281 MALASPINA RD. OWNER or PUBLIC AGENCY or Reputed Owner (on public work) SAP JUAN CAPISTRANO, CA. (on private work) An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: $" ARM (Dollar amount must be furnished to construction lender — optional as to owner or contractor) CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 L J Construction loan no. (if known) FOLD HERE ORIGINAL CONTRACTOR or Reputed Contractor, if any ra AaxalA �. '$YXSTX O,, CA 52615 Trust Funds to which Supplemental Fringe Benefits are Payable. (material men not required to furnish) (name) (address) (address) (name) (address) (address) NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equip- ment, or materials furnished or to be furnished, a me- chanic's lien leading to the loss, through court fore- closure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. ted: APRIL 10. 1985 signature (title) Telephone Number ( 714) 772-7151 This form (No. 594 Revised 1/80) © Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 382-7151 C '' O N 4J N 0 W fi O al � C'b O W N a N a1 v - r rn � ro r b a rn a c >~ w c i, a/ Sa / al 41 A N al N 4 N S4 u S V] N F G WZ .� C 5 W rJ H O E ca s4 \ a v 4J o m Q O w O G O U i C � W (W O ll ra ro 41 -P N a) U a) 04 G E 7 E roar c � v Lo E O v w41ro x 0 4J >1 7 O H OO U a a �Ln N N H d' ro C � ro 10 ry H N co -, v c r a U -P w O A V1 W O ro N 1- 41 , ro „ a w N O O -P U 0 o a O U a ro ro U W4 N � ro �a 6e 9 N T O W a, O F zw S a T � In N `; o z J W� Ur1 vMU 1.1» In H WZ UD O A H w 0 0 n' r 1 �i 146, Loll �� 1 N U/ J ro U N H cp N ro h N ro ro N N N u c 4J U1 In v �3u o a vv w 0 =W- ro N' +, a1 r, i, a (n N O W ro N +1 U " 1 li .� � J O U 1 v N m U W O c A) O. = b ro v00 ro x c H U H ul <� J n y C- + f O H v �00 00 -- I n a T P -(b n S v J + v 1 �"ra �� ��U v .� ro \� rt N ` t q A& SAN October 19, 1994 Gillespie Construction 3004 Deodar Avenue, Suite D Costa Mesa, California 92626 Re: Via Sonora/Paseo Barranca Drainaae Improvements Gentlemen: At their meeting on October 16, 1984, the City Council rejected the bid for Via Sonora/Paseo Barranca drainage improvements. They authorized staff to readvertise to receive bids for the project. The prebid conference will be on November 19, 1984, at 10:00 a.m. The bid opening will be held on November 26, 1984, at 2:00 p.m. Plans and specifications are available in the City Clerk's Office. If you have any questions, please don't hesitate to call. Very truly yours, (e��GI/1� Gc� MARY ANN-HANOVER, CMC City Clerk MAH/mac cc: Director of Public Works M. J. Teichner, President Mission Park Homeowners Association / % \ c y \ ; \ 1 ra LO )\ 0 in cl 4-4 4J 4J 10 4J 1:1 _ \ \ !a > 0U \ 4{ § / 0 ° § ® �) \ ƒ \ 0 \ |§ \ ƒ \ 3& \ ® § V ;: �) )j /.w.\\ ;) \ 4� »�- x CIJ- \ \ .. SAh September 21, 1984 Michael J. Teichner, President Mission Park Homeowners Association P. 0. Box 71 San Juan Capistrano, California 92693 Re: Via Sonora/Paseo Barranca Drainage Improvements Dear Mr. Teichner: At their meeting of September 18, 1984, the City Council approved the plans and specifications for the Via Sonora/Paseo Barranca Drainage Improvements and authorized the receipt of bids. If you have any questions, please don't hesitate to call. Very truly yours, MARY ANIVHANOVER, CMC City Clerk MAH/mac cc: Director of Public Works ItaURTIFICATE OF INSURANCE usau Insurance Companies This is to certify that the insurance policies (described beloviiiu pqI berI written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance and do I �_. ay alter, amend or extend the coverage afforded by any policy referred to herein. JAN 3 11 4T AM 'BS Name and address of Insured C., 1 f• OF Expiration Date Policy Number *+ Unless otherwise indicated, this policy affords full coverage under the Workers' SA N4 JAS+ no C API S T S{� r Workers' Cappello Construction, Inc. Producer No.: 1043 30281 Malaspina Rd. Place: Santa Ana San Juan Capistrano, CA 92675 Date Issued: 1-2-85 General Liability $ 5500,000 Each Occurrence $ 100,000 Each Occurrence Region: Ana/LA A re ate $ Aggregate $ 500, 99 9 Products - Completed Operations: X] Included ❑ Excluded Single Limit $ Each Occurrence Contractual - All Written Omtracts: X] Included ❑ Not Covered Kind of Coverage cc 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 State Funds, and Conada)and os designated in the policy and endorsements for Coverage Workers' Compensation«• B — Employers' Liability. Limits of Liability comprehensive 2 4-15-85 2025 04 034920 Bodily Injury Property Damage General Liability $ 5500,000 Each Occurrence $ 100,000 Each Occurrence Special rk (Savlti enl or Trademark (Section II only) A re ate $ Aggregate $ 500, 99 9 Products - Completed Operations: X] Included ❑ Excluded Single Limit $ Each Occurrence Contractual - All Written Omtracts: X] Included ❑ Not Covered $ Aggregate Owners', Landlords' � $ Each Occurrence $ Each Occurrence and Tenants' Liability $ Aggregate Contractual Liability - Ll $ Each Occurrence $ Each Occurrence Designated Contracts 1 $ Aggregate Only Single Limit $ Each Occurrence $ Aggregate Automobile Liability 4-15-85 1 2025 05 034920 $ Per Person Lk All Owned Autos Ek Hired and Nonowned Autos $ Per Accident $ Per Accident ❑ Specified Autos Only Single Limit $ 500,000 Per Accident $ 1,000,000 Each Occurrence Umbrella $ 1,000,000 Aggregate Products - Completed Operations Liability 2 4-15-85 2025 06 034920 $ 10,000 Retention Special Provisions/Locations/Specified Autos: The City of San Juan Capistrano is an additional insured but only with respect to Liability arising out of the following described job: Via Sonora, Paseo Baranca Drainage If any policy described above is canceled during its term by the company, the company will mail notice thirty (30) 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 Not withstanding any requirement, term or mndnion of 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 term($) 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 1. WAUSAU LLOYDS �pY, 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company V` \ \ City of San Juan Capistrano 3. WAUSAU UNDERWRITERS INSURANCE COMPANY `V� 32400 Paseo Adelanto 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY San Juan Capistrano, CA 92675 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU 483 (S) 15-5736 Signed— T ��/".�'� '— �rhonxe any Repoas.,cn .r Am SAP February 21, 1985 Walter Cappello Cappello Construction, Inc. 30281 Malaspina Road San Juan Capistrano, California 92675 Re: Via Sonora/Paseo Barranca Drainage Improvements Dear Mr. Cappello: The executed contract, required bonds and insurance for the Via Sonora/Paseo Barranca Drainage Improvements, awarded to your Company by the City Council at their meeting of December 4, 1984, have been received in this Office. Enclosed please find your Cashier's Check No. 07077427, in the amount of $1,300.00 from The Crocker Bank, submitted as the bid bond for the above-mentioned project. Thank you for your cooperation. MAH/cdc Enclosure cc: Director of Public Works Very truly yours, ;P" av,� � MARY ANN HANOVER, CMC City Clerk Pay to the order of Cappello Construction without recourse City of San Juan Capistrano John C. Gibson, City Treasurer 01 p a Z, ti 000 "r a w 3 . -rad > x * ii 40 M 1003 H j L • 3 3 9 til 3 { Ul y z O - ' 0 s '-,F 'a H � � y O �' r * bA� ( 1F _� C w o C t� —I ^ "o --j o td M A 0 7tl N F g r F olm Pay to the order of Cappello Construction without recourse City of San Juan Capistrano John C. Gibson, City Treasurer 01 11 CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS VIA SONORA/PASEO BARRANCA DRAINAGE IMPROVEMENTS CITY COUNCIL GARY L. HAUSDORFER, MAYOR KENNETH E. FRIESS ANTHONY L. BLAND LAWRENCE F. BUCHHEIM PHILLIP R. SCHWARTZE S. B. JULIAN CITY MANAGER W. D. MURPHY DIRECTOR OF PUBLIC WORKS October 1984 11 0 • II I ICONTRACT DOCUMENTS TABLE OF CONTENTS PAGE 1 Notice Inviting Bids----------------- 1 Bid Proposal -----------------------------------4 Schedule of Work Items-------------------------- 6a Non -Collusion Affidavit------------------------- 7 Designation of Sub -Contractors------------ 9 Instruction to Bidders------------------------- - 10 Contract---------------------------------------- 16 Bid Bond (sample)------------------------------- 19 Faithful Performance Bond (sample)-------------- 21 Labor and Material Bond (sample)---------------- 23 SPECIAL PROVISIONS Work to Be Done--------------------------------- 25 Standard Specifications------------------------- 25 Terms Defined----------------------------------- 26 Flow and Acceptance of Water-------------------- 26 Water------------------------------------------- 26 Insurance and Overhead Costs-------------------- 26 Protection of Existing Utilities---------------- 27 Protection of Private Property------------------ 27 Traffic Control--------------------------------- 27 Special Provisions of Items of Work, Materials, and Methods of Construction--------- 28 � • i INSTRUCTION TO BIDDERS Securing Documents Plans, specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids". ' Examination of Plans, Specifications and Site of work ' The bidder is required to examine the site of work, the proposal, the plans and the specifications very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The plans for the ' work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are ' actually existent, nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. Interpretation of Drawinas 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, -10- 1 • 0 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 1 interpretations of the documents presented to bidders in any manner other than written addendum. Addenda or Bulletins ' The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part ' of the contract documents and shall be returned with them. Be- fore submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. i Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or cor- poration who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. 1 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 1 specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and 1 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. 1 0 B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and ' corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as ' required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equip- ment and references properly and fully filled out. E. Each bidder shall list his proposed sub -contractors on the ' form accompanying the proposal in accordance with the pro- visions of the specifications. 1 his bid F. Each bidder must accompany 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- 1 • • G. Bids shall be delivered to the City at the location stipulated, ' on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids". Bids shall be enclosed in a sealed envelope bearing the title of ' the work, the name of the bidder, bid opening date and time of bid opening. ' Licensing of Contractor ' All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. ' Withdrawl of Bids Any bidder may withdraw his bid in person or by written ' request at any time prior to the scheduled closing time for re- ceipt of bids. 1 - 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- 1 • • The bidder to whom the award is made shall execute a written ' If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an ' award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corpora- tion to which an award is made shall furnish evidence of its cor- porate existence and evidence that the officer signing the con- tract and bonds for the corporation is duly authorized to do so. ' Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (1008) of the total amount payable by the terms of the contract and a Faithful ' Performance Bond in a sum not less than one hundred percent ' (1008) of the amount of the contract. Said bonds shall be secured from a surety company satisfactory to the City. Surety companies, to be acceptable to the City, must be authorized to do business in the State of California and be on the accredited list of the United States Treasury. 1 1 1 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- contract with the City and furnish the stipulated bonds, insurance ' and bid breakdown within fifteen (15) days after the notice of award of contract. The contract shall be made in the form adopted ' by the City. The release of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made upon the City's ' acceptance of the Labor and Materials Bond and the Faithful Per- formance Bond. ' If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an ' award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corpora- tion to which an award is made shall furnish evidence of its cor- porate existence and evidence that the officer signing the con- tract and bonds for the corporation is duly authorized to do so. ' Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (1008) of the total amount payable by the terms of the contract and a Faithful ' Performance Bond in a sum not less than one hundred percent ' (1008) of the amount of the contract. Said bonds shall be secured from a surety company satisfactory to the City. Surety companies, to be acceptable to the City, must be authorized to do business in the State of California and be on the accredited list of the United States Treasury. 1 1 1 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 • s 1 Attention is has directed to all provisions of ( 30 ) calendar days from the date of execution of the contract the State of been set for completion of the work. The bidder's attention is ' directed to the specifications as to provisions for extension of 1 time of completion and/or assessment of liquidated damages. 1 "Notice Inviting Bids". Assignment of Contract ' No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be ' received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval 1 of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. 1 Workmen and Wages Building Permits 1 It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the 1 completion of the project. No extra compensation shall be made therefore. 1 C 1 1 1 1 -15- Attention is specifically directed to all provisions of ' the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates 1 determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids". Building Permits 1 It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the 1 completion of the project. No extra compensation shall be made therefore. 1 C 1 1 1 1 -15- 1 0 0 ' SPECIAL PROVISIONS ' 1. Work to be Done The work to be done consists of removal of part of an ' existing concrete cross gutter at the intersection of Via Sonora and Paseo Barranca; the installation of slotted drain and reinforced concrete pipe; a junction structure; reconstruction of the concrete cross gutter; reconstruction of some of the street section in aggregate base and asphalt concrete. ' 2. Standard Specifications The Contractor shall perform his work in accordance with ' the Standard Specifications for Public Works Construction, 1982 Edition, 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 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 person ' Bodily Injury $1,000,000 aggregate products Property Damage Property Damage $ 500,000 $ 500,000 each accident aggregate operations Property Damage $ 500,000 aggregate protection Property Damage $ 500,000 aggregate products ' Property Damage $ 500,000 aggregate contractual The City will not recognize any claim for additional compen- sation because of the requirement for greater amounts of insurance as an element to be considered by the Contractor in determining his bid. ' Change 3: "Section 8 - Facilities for Agency Personnel" Delete this Section. ' -25- 1 I 1 I 11 3. Terms Defined Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City Department or persons shall be intended: AGENCY shall mean City of San Juan Capistrano whenever appropriate. BOARD shall mean the City Council of the City of San Juan Capistrano ENGINEER shall mean City Engineer or other person(s) designated by same. 4. Flow and Acceptance of Water Surface or other waters may be encountered at various times during construction. The Contractor, by submitting a bid acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of the Contractor to protect his work from danger due to any, waters encountered. Should any damage to the work due to surface or other water occur prior to acceptance of the work by the City, the Contractor shall repair such damage at his expense. 5. Water Water will be available from the Capistrano Valley Water District. Arrangements for temporary construction water service permit and water service may be made by contacting Capistrano Valley Water District at (714) 493-1515 one week prior to need for service. All water facility construction shall conform to the "Standard Specifications, Capistrano Valley Water District, and the Uniform Plumbing Code, 1982". The cost of the water, permit, transporting and applying said water, shall be included in the unit bid prices for the various items of work to be done. Included shall be full compensation for furnishing all labor, materials, tools and equipment and for performing all the work necessary to develop a sufficient water supply and supplying the water. 6. Insurance and Overhead Costs The Contractor shall receive no direct compensation for insurance and overhead (move -in costs for example) costs. Accordingly, these costs should be pro -rated to the appropriate bid items. -26- 0 ' 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 t the best of his ability. The Contractor must protect all existing private property. 9. Traffic Control The Contractor shall provide all labor, materials, and equip- ment for traffic control and no direct or additional compen- sation will be made. Accordingly, these costs should be pro -rated to the appropriate bid items. I I I 1 -27- 0 0 ' SPECIAL PROVISIONS OF ITEMS OF WORK, MATERIALS & METHODS OF CONSTRUCTION BID ITEM 1 - Remove Existing Concrete Cross Gutter and Curb ' This bid item shall include the removal of the concrete cross gutter and curb to the limits shown on the plan. This item ' shall also include the removal of a minimum width of 6 inches of existing asphalt concrete, where applicable, adjacent to the concrete. The limit of asphalt concrete removal shall be saw cut. The limit of concrete removal at existing joints shall be saw cut where necessary to achieve a clean limit line. All material removed from the job site shall become the property of the Contractor and its disposal shall be the Contractor's responsibility. ' 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 as specified and no additional compensation shall be made therefor. BID ITEM 2 - Junction Structure Type I ' This bid item shall include the furnishing and construction of junction structure Type I per Orange County Standard Plan No. 310, without manhole. Roof reinforcement shall be #4 at 4" O.C. throughout, H=27", L=5', T=8". ' The limit of asphalt concrete removal shall be saw cut. 1.1 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, construction of the junction structure and street recon- struction as specified and no additional payment shall be made therefor. MEN ' BID ITEM 3 and 4 - 18" Diameter R.C.P., D=2000 ' This bid item shall include the furnishing and construction of 18" diameter reinforced concrete pipe either straight or curved as detailed. ' The limit of asphalt concrete removal shall be saw cut and as shown on the plans. ' The workmanship and materials included in the work presecribed for this bid item shall conform to Section 207 and 306 of the Standard Specifications. Payment ' The unit price for these items shall include all labor, materials, tools and equipment necessary for all excavation, construction and street reconstruction as specified, and no additional payment shall be made therefor. BID ITEM 5 - 18" Diameter C.M.P., Bends,l8" to 12" Diameter Reducer ' This bid item shall include the furnishing and construction of 18" diameter galvanized corrugated metal pipe including two bends with deflection angles of 30°, an 18" to 12" diameter eccentric reducer and all joints including concrete collar. The limit of asphalt concrete removal shall be saw cut. The pipe thickness shall be a minimum of 0.052 inches. 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 bid for this item shall include all labor, materials, tools and equipment necessary for excavation, construction and street reconstruction as specified and no additional payment shall be made therefor. BID ITEM 6 - 12" Diameter C.M.P. Slotted Drain This bid item shall include the furnishing and construction of 12" diameter galvanized corrugated metal pipe as detailed on the ' plans. The slotted drain shall be Armco slotted drain or an approved equal, including all joints and terminal plug. The workmanship and materials included in the work prescribed for this bid item shall conform to Section 207 and 306 of the Standard Specifications. Removal and reconstruction of the cross gutter are covered in bid items 1 and 7 respectively. I -29- I ' • 0 ' Payment The unit price bid for this item shall include all labor, materials, tools and equipment necessary for excavation and construction as specified and no additional payment shall be made therefor. BID ITEM 7 - Reconstruct Concrete Cross Gutter and Curb I I I I I I I I I I I I I This bid item shall include the reconstruction of that part of the concrete cross gutter and curb previously removed. Construc- tion shall be in accordance with OCEMA Standard Plan #207 and #111 and shall match existing construction. This bid item shall also include the reconstruction of the 6" minimum width asphalt concrete adjacent to the concrete cross gutter. 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 for this item shall include all labor, materials, tools and equipment necessary for reconstruction of the concrete cross gutter, curb, and A.C. street section, and no additional payment shall be made therefor. -30-