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1983-0517_CAPPELLO CONSTRUCTION CO._Notice of Completion0 RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 83-214482 Q RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Mary Ann H�Whover,- City Clerk City of San Juan Capistrano, CA FMTff Fr NOTICE OF COMPLETION1 C13 I 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 Company, 30281 Malaspina Road, San Juan Capistrano, California, 92675, for the performance of the following work: LAND OUTFALL TRUNK LINE SEWER RECONSTRUCTION - STONEHILL DRIVE TO CALLE JARDIN 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 17 day of May 1983, by Resolution No. 83-5-17-1 That upon said contract the Covenant Mutual Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 18 day of May r 1983. Mary Ann -- n"er,'City Clerk of the Citye��-41 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 18 day of May 1983. FRECORDED IN OFFICIAL RECORDS I OF ORANGE COUNTy, CALIFORNIA - JZ05 PM M y Mary Ann �rahove!7,City Clerk of 205 PM A 20'83 the City,/of San Juan Capistrano LEE A. 0 CONTRACT 0 CITY COPY" This contract is made and entered into by and between the CITY OF SA14 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 -Trunkline Sewer, Stonehill nri,T� t -n oalli- JArain 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 sot forth in the Specifications. -16- FOURTH. COMMENCEMENT AND COP'PLETION 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 andextremely difficult to fix the actual amount of damages, and loss su ' stained 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 dama4es, 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 th ' is con- tract and auaranteeing payment of all labor and material used under this contract, as required by the laws of the State of Cali- fornia, on forms approved by City-. The Performance Bond shall be for an amount of one -hundred percent (100%) of the amount of this contract and shall be conditi oned on full and complete per- formance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one"(1) year after com- pletion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidential to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the pre- vailing rate of per diem. wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a -17- part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified pre- vailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR agrees to carry Public Liability, Property Damage, and Workmen's Compensation Insurance in amounts as required by the Specifications. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same ex- tent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipula- tion that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calen- dar day during which such workman is required or permitted to work more than eight (8) hours in violation o f 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 na of each. CITY �7SAN JUAN A4-API&IRANO APPROVED AS TO FORM: CITY.AT"ORNEY C/ DATED: F . ,MARY ANW HA OVER C T TOR BY 2 It CAPELLO COAiRUCTION COMPANY alria ,rj 8. RESOLUTION. NOTICE OF ot INAL REPORT (80) The trunkline sewer reconstruction, Stonehill Drive to Calle Jardin, has been completed by Cappello Construction, as set forth in the report dated May 17, 1983, from the Director of Public Works. LI?2r2Xa 1 h92g1,Ojder No. 1: C aRge MIA . the amount of $14, 550.79, for extra work required on the project, was approved. Agcei� e of Work: oln lgving Resolution was adopted: RESOLUTION NO. 83-5-17-1. COMPLETION OF LAND OUTFALL Utixw-LIN - M. rlzouj�u I , LU1,4 U1, � -Vrlr� (-J . xy. t-UULXt--LJ' Ur THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE LAND OUTFALL TRUNK LINE SEWER RECONSTRUCTION, STONEHILL DRIVE TO CALLE JARDIN (CAPPELLO) The Resolution accepts the project as complete and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Payment status was as follows: Original Contract Price $168,670.00 Change Order No. 1 14,550.79 Total Construction Costs 183,220.79 Less 10% Retention 18,322.08 Less Previous Payments 151,803.00 Amount Due Staff was authorized to make release the 10% retention 35 Notice of Completion. 13,095.71 payment as indicated and to days after recordation of the 5) n � � 0 AGENDA ITEM May 17, 1983 TO* Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Final Report - Approval of Change Order #1 - Trunkline Sewer Reconstruction, Stonehill Drive to Calle Jardin (Cappello Construction) SITUATION The trunkline sewer reconstruction, Stonehill Drive to Calle Jardin is completed and ready for acceptance by the City Council and recordation of a Notice of Completion with the County Recorder. Contract Change Order #1 for $14,550.79 is being submitted to City Council for approval of extra work required. Because of ground water encountered, extra bedding was necessary so that the pipe would maintain its structural integrity. Delays were experienced in gaining access to both Fred Weisz's yard and the levee weir. It was also necessary to move equipment in Fred Weisz's yard. FINANCIAL CONSIDERATIONS original contract price $168,670.00 Change Order #1 14,550.79 Total construction costs 183,220.79 Less 10% retention 18,322.08 Total due to date 164,898.71 Previous payments 151,803.00 Amount due $ 13,095.71 $290,000 is budgeted for the land outfall repairs in 1982-83 budget, with $56,000 remaining at this time. ALTERNATE ACTIONS 1. Accept the project as complete and approve the change order. 2. Do not accept the project and change order. 3. Request further information from staff. K* GATY COUNCAL. AGENDA .... - I Trunkline Sewer Reconstruction -2- RECOMMENDATION 0 May 17, 1983 By motion, approve Change Order #1. By resolution, determine that the work for the trunkline sewer reconstruction, Stonehill Drive to Calle Jardin has been completed and declare the work to be accepted. Direct that within ten days from the date of acceptance a Notice of Completion be filed with the County Recorder. The total amount of work performed under this contract is $183,220.79. Authorize staff to release the 10% retention thirty-five days after recordation of the Notice of Completion. Respectfully submitted, L -o. F�. �Z W. D. urp/Y; WDM:BP/rem Encls. 0 Change Order No. #1 Date April 29, 1983 Project No. Location Trunk Line Sewer Stonehill to Calle Jardin CONTRACT CHANGE ORDER Beginning Contract Date Contract Amount Previous Change Orders This Change Order Adjusted Contract 11/15/82 $ 168,670.00 $ -0- $ 14,550.79 $ 183,220.79 Item Decrease In Increase In No. Description of Changes Contract Price Contract Price 1. Extra rock needed to stabilize trench bottom -0- $ 3,228.00 2. Delay tirre -0- 8,434.39 3. Pbving equiprrent in Fred Weisz's yard to continue the job. -0- 2,888.40 Change In Contract Price Due to This Change Order $ -0- $ 14,550.79 Net Change In Contract Price $ -0- $ 14,550.79 TIME SCHEDULE: Total Contract Days Amount Prior C.O.(s) Amount This C.O. Adjusted Contract Days New Date of Completion ACCEPTANCE: DATE: Accepted by: ,9;appe�lo Con Recommended by: ��Zln Co. -5-- 3 - Brian Perry L - Approved by: x, W. D. Murphy� b�rector Jof ee ., Public Works RESOLUTION NO. 83-5-17-1 COMPLETION OF LAND OUTFALL TRUNK LINE SEWER 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 LAND OUTFALL TRUNK LINE SEWER RECONSTRUCTION, STONEHILL DRIVE TO CALLE JARDIN (CAPPELLO) WHEREAS, on the 7th day of September, 1982, the City of San Juan Capistrano entered into a contract with Cappello Construction Company for the land outfall trunk line sewer reconstruction, Stonehill Drive to Calle Jardin; 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 $183,220.79. SECTION 3. That the work is hereby accepted and approved. SECTION 4. It is further ordered that a "Notice of Completion" be recorded, on behalf of the City, in the Office of the County Recorder of the County of orange within ten (10) days of the date of this Resolution. PASSED, APPROVED AND ADOPTED this 1L day of May —1 1983 , by the following —vote, to wit: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None ANTHONY L./SLAND, MAYOR ATTEST: VITY CLERK -1- 5. CONTRACT FOR LAND OUTFALL TRUNKLINE SEWER RECONSTRUCTION - STONEHILL TO CALLE JARDIN (CAPPELLO CONSTRUCTION COMPANY) (80) Written Communications: Report dated September 7, 1982, from the Director of Public Works forwarding the results of bids received on August 25 for the Land Outfall Reconstruction, Trunkline Sewer. Award of Contract: it was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to award the contract to the lowest responsible bidder, Cappello Construction Company, for the Land Outfall Trunkline Sewer Reconstruction in the amount of $168,670, to reject all other bids received, and to authorize the Mayor and City Clerk to execute the document on behalf of the City. Councilman Hausdorfer requested that staff monitor the project so that change orders do not increase bid costs. 9f) 7) % -.)- 1 0 AGENDA ITEM September 7, 1982 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract, Land Outfall Reconstruction Trunkline Sewer, Stonehill Drive to Calle Jardin .qTTUATTON Staff is recommending award of the contract to Cappello Construction Company for the Land Outfall Reconstruction Trunkline Sewer, Stone - hill Drive to Calls Jardin. This project is a further stage in the replacement of our land outfall sewer to the SERRA Treatment Plant. FINANCIAL CONSIDERATIONS The list of bidders appears below: Cappello Construction Co. Thibodo Construction Co. Masanovich Construction Co Castognia, Inc. Johnson & Associates K.E.C. Company A&A Pipeline Co. Savala Construction Co. Kordick Construction, Inc. N.A & J Artukovich Loant Construction Co. $168,670 179,353 181,980 190,054 191,973 196,175 197,651 206,354 212,281 216,909 $218,909 The funds are budgeted for within the Sewer Enterprise Fund. ALTERNATE ACTIONS 1. Award the contract. 2. Do not award the contract. 3. Readvertise for bids. RECOMMENDATION By motion, approve the contract with the low responsible bidder, Cappello Construction Company for the Land Outfall Reconstruction Trunkline Sewer, Stonehill Drive to Calle Jardin in the amount of $168,670.00, and reject all other bids. Authorize the Mayor and City Clerk to execute the contract on behalf of the City. Respectfully submitted, W. D. Murp y WDM:BP/rem FOR C'ITY'k,0UNCK, AGENDA ... ;,... 0 COVENANT MUTUAL INSURANCE COMPANY BondNo. 014996 Initial premium charged for this bond is CONTRACT BOND — CALIFORNIA - t FAITHFUL PERFORMANCE — PUBLIC WORK a AJU A� U&LQ cornplet]6�no cW0=wt toot applicable rate on final contract price. KNOWALL MENBY THESEPRESENTS, That Cappello Construction, Inc. of — 30281 Malaspina Rrl- , San shian Capistrano, CA 92675 as Principal, and the COVENANT MUTUAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of Califomia, as Surety, are held and firmly bound unto City of San Juan Capistrano 324bn Parpo Ad lanto San .111an Capistrano CA 92675 inthesumof One hundred six�y eight thousand six hundred seventy & no_7TUG----- ------ - — — - --------------------------------------- Dollars(S168 670 00 for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administratom, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH That WHEREAS, the above -bounden Principal has entered into a Contract, dated September 10 19 82 with the City of San Juan Capistrano to do and perform the following work, to -wit: Land Outfall Reconstruction Trunkline Sewer, Stonehill Drive to Calle Jardin Purchase Order No: 5948 NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in futt force and effect. Signed and sealed this 29th dayof October 19 82. Cappello Construction, Inc. Principal 420�ENANT N RA 'JUTt,AL 1, COMPANY Kim R. Smith Attorney -in -Fact State of California County of Los Angeles On this 29th day of Octobe 1981 , before me personally came to me known, who being by me duly sworn, did depose and say: that he is Attorney (s) -in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance With the By -Laws of the said Corporation, and that he signed his name thereto �X_Iike. authority. sFAL r!"ITNER ­NTY (Nofory Public) ill 2 ]984 7 - 1 COVIANT MUTUAL INSURANCE COMPRY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint ri _,NC its true and lawful Attorney (3) -in-F act, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows; Any and all bonds, undertakings. recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney (s) -in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and affect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any cluly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: Thatany bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if aseal isrequired, by a duly authorized attorney-in-fact or agent: and any such bond, undertaking, recognizance, consentof surety orwritten obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Atlast: it ama Z' lfla�' (7 Assistant Secretary STATE OF CONNECTICUT COUNTY OF HARTFORD ss: COVENANT MUTUAL INSURANCE COMPANY By 'i �) �,. "4& - Vice PfesidqW ' V ' ' On this 22nd day of March in the year 1973 before me personafly came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; !hat they reside in the State of Connecticut: that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument: that they know the seat of said corporation; that the seal affixed to said instrument is such corporate mat; that it was so affixed by authority of their of fice under the by-laws of said corporation, and that they signed their names thereto by like authority. ............ . Jill ? 07 Notary Public t My commission expires March 31, 1978 r CERTIFICATIO .............. 1, Vera C. Spitka. Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above -quoted provis,ons of Section 14' of the by,iaws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 29th day of October ig 82 Assistant Secrel:zf'� VS61 'ZZ dV �a, jx` 0119nd AJ140N) NIKU P, Z�13NUN3 i Ivioij-D dW -A+!jo44nu aj!l Ag 040JO41 QwPu 514 POUB's 04 4R44 Pus 'u014PJodjoo pies e4+ jo smel-AS OW 44!m GDuRPJODOQ ul w14 o4 papvj6 A4!J044ne Ag pexi .jje os spm +! +e4+ :less e4piodJOD 4ons s! 4uewnJ+sul P!Qs 04 Pax'He lees 044 4044 !uoi+pjodioC) P!ps fo lees G4+ WmOul 94 +1?41 !4uetunjisui 6ulo6ejof 944 po+n"" 4014m pus, ui pagposep uoi4i?jodioC) 044 'AuedwoC) eouejnsul 1pn4nP4 POUGA00 JO +OPd-Ul-(s)Aeujo+4y si 04 044 :Ass pue asodap p!p 'ujoms Ainp ew Ag 6uieg oqm umoul Gw 04 aLup* Allpuosied ow ajoisq'-61 I o App — S144 U0 28 Aaqo400 I q46Z *ss salaSuy sol jo A4unoo vIujoj!le3 jo O+Q+S PANT MUTUAL INSURANCE COMPRY COV Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint CV. V?. SM!tf2 ai,up I On its true and lawful Attorney (s) -in -Fact, with full power and authority, for and on behalf of 'he Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and at( bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY therebyo and all of the acts of said Attorney js� -in-Pact, pursuant to these presents, are hereby ratified and confirmed, This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the sea( of the corporation, but if under sea( to evidence such sea( by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: Thatany bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall bevalid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if aseal isrequired, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety Girwritten obligation in the nature thereof shall be valid and binding upon the Company when duty executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: ilar4a J!", Assistant Secretary STATE OF CONNECTICUT COUNTY OF HARTFORD ss: COVENANT MUTUAL INSURANCE COMPANY By .6a, �1, A"/ . Vice Presidlitt ' v - ' On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut: that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSU RANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their of fice under the by-laws of said corporation, and that they signed their names thereto by like authority. Notary Public all My commission expires March 31, 1978 0 41# CERTIFICATION ........... 1, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of artorney, the above -quoted provisions of Section 12 of the by -taws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in fufl force ana effect Signed and sealed at Hartford, Connecticut, this 29th da,� of October 19 82 Assistant Secretzil`/ COVENANT MUTUAL INSURANCE COMPANY Bond No. 014826 CONTRACT BOND — CALIFORNIA PAYMENTBOND KNOW ALL MEN BY THESE PRESENTS, That we, Capello Construction, Inc. and the COVENANT MUTUAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of San Juan Capistrano as Obligee, in the sum of One hundred Rixty eight thnusand six hundred seventy & no!100---- - -------------------------------------------- -Dollars($ 168,670.00 for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a contract, dated 10th day of September , 1�_8? with the Obligee to do and perform the following work, to -wit: Land Outfall Reconstruction Trunkline Sewer, Stonehill Drive to Calle Jardin Purchase Order No: 5948 NOW, THEREFORE. if the above -bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his sub -contractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 29th day of October 19 I — , __L2 No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. Cappello Construction, Inc. Principal CON -r- NT M M41S 't;� _o PANY 1� --I-- I - - - 1 1-1 Kim R. With Attorney -in -Fact A Is 0 0 COVENANT MUTUAL INSURANCE COMPANY BID BOND ApWand by The A�� Irautute of Afthbtec% Gond No. BRI;11 A.1A. Doeis~ No. A-310 (Feb. 1970 Edition) KNOWALL MEN BY THESE PRESEN7S, That we, Cappello Construction, Inc. as Principal, hereinafter called the Principal, and the COVENANT MUTUAL INSURANCE COMPANY, of Hartford, Connecticut, a corporation duly or- ganized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto City of San Juan as Obligee, hereinafter called the Obligee, in the sum of Ten pprCpot nf thP total amount of the bid in ------------------- Dollars (S for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Land Outfall Trunk Line Sewer Reconstruction Stonehill Dr. to Calle Jardin IN ACCORDANCE WITH THE ATTACHED PROPOSAL) NOW, THEREFORE, if the Obligge shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding of Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 25th _day of August '19 82 ness Cappello Construction, Inc. _ (seal) Principal Title ENANT MUT N Kim R. Smith Attorney -in -Fact State of California 5s. County of Los Angeles On this 25th — day of August 19j?before me personally came !Kirn to me known, who being by me duly sworn, did depose and say: that he is Afforney(s)-in-Fact of Covenant Mutual Insurance Company. the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By -Laws of the said Cor ration, and th name —thereto by like aufhor;iy. X70 (Notary Public) OFFICIAL,�Ak HARRIET EN -1 - NOTARY PUBLIC-CAu. PRINCIPAL OFFICE 1, LOS ANGELES COUNTY missi011 Expires Apr, 27, 1984 (men'1111 IIEM 0 1 0 COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint ry. IN(.M 'fp. '5rrTalI7 its true and lawful Attorney (s) -in -F act, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANTMUTUAL INSURANCE COMPANY thereby, and all of the act$ of said Attorney (s) -in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im, pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority Of The following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: Thatany bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal. when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: jlatw J:�' &;=2_42 Assistant Secretary STATE OF CONNECTICUT COUNTY OF HARTFORD ss: COVENANT MUTUAL INSURANCE COMPANY ) . EBy Ap'a Vice Presididt On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority- . ........... NotarV PvbjjC My commission expires March 31, 1978 9-0 ........... CERTIFICATION 1, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above -quoted provis;ons of Section 12 of the by-iaws and the resolutions of the Board of Directors of March 12, 19713 have not been abridged or revoked and are now in full force ana effect. Signed and sealed at Hartford, Connecticut, this 25th day of August ig 82 Assistant Secrer,3i�y August 19, 1982 ADDENDUM NO. 1 SPECIFICATIONS FOR LAND OUTFALL TRUNKLINE SEWER RECONSTRUCTION - STONEHILL DRIVE TO CALLE JARDIN 1. The Basin Bypass Extension Contract for the San Juan Basin Authority has recently been let and the construction limits encompass the Land Outfall Trunkline Sewer Reconstruction, Stone Hill Drive to Calle Jardin project. The contractor anticipates being out of the limits of the land outfall project by mid-October. 2. SPECIAL PROVISIONS A. Add the following special provisions: 13. Construction Start Date Construction of this project shall not start before October 25, 1982, or until authorized by the City. The bidder shall allow in his bid for any delay in the authorized start of construction up to November 22, 1982. The City will not recognize any claim for additional compensation because of these requirements. 3. Time of Performance A. Delete the present requirement on pages 14 and 15. B. Add the following requirement: The work shall be commenced within fifteen (15) calendar days from the date of the authorized start of construction of the contract and shall be diligently prosecuted until completion. A time limit of seventy-five (75) calendar days from the date of the authorized start of construction of the contract has been set for completion of the work. The bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages. A; 14 Z 00 PASE1 ^11�ANTO SAN N CAPISTRANO CALIFORNIA 92675 NONE 493'1'1 August 19, 1982 ADDENDUM NO. 1 SPECIFICATIONS FOR LAND OUTFALL TRUNKLINE SEWER RECONSTRUCTION - STONEHILL DRIVE TO CALLE JARDIN 1. The Basin Bypass Extension Contract for the San Juan Basin Authority has recently been let and the construction limits encompass the Land Outfall Trunkline Sewer Reconstruction, Stone Hill Drive to Calle Jardin project. The contractor anticipates being out of the limits of the land outfall project by mid-October. 2. SPECIAL PROVISIONS A. Add the following special provisions: 13. Construction Start Date Construction of this project shall not start before October 25, 1982, or until authorized by the City. The bidder shall allow in his bid for any delay in the authorized start of construction up to November 22, 1982. The City will not recognize any claim for additional compensation because of these requirements. 3. Time of Performance A. Delete the present requirement on pages 14 and 15. B. Add the following requirement: The work shall be commenced within fifteen (15) calendar days from the date of the authorized start of construction of the contract and shall be diligently prosecuted until completion. A time limit of seventy-five (75) calendar days from the date of the authorized start of construction of the contract has been set for completion of the work. The bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages. 0 0 4. SPECIAL PROVISIONS OF ITEMS OF WORK AND METHOD OF PAYMENT Bid items 1 and 2 - 10" and 24" Vitrified Clay Pipe A. Add the following: Alternate pipe materials, approved in the Standard Specifications shall be accepted; they are PVC and Armco "Truss" pipe. CertainTeed has been previously confirmed as an acceptable manufacturer of PVC. Other manufacturers shall be confirmed as acceptable prior to placing of bids. 5. The bidder shall sign and return a copy of this addendum No. 1 with the bid. I Contractorla Very truly yours, CITY OF SAN JUAN CAPISTRANO a,> - rL-OL� Brian Perry Assistant Civil Engineer BP/rem r I I I I H I I I I I I I 0 BI D PROPOSAL For the: From: lltlr,. Contractor To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans and Specifications and General Conditions therefor, read the Instructions to. Bidders, and is familiar with all pro- posal requirements, and hereby proposes and agrees, if the pro- posal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: i ures Said amount to incirie and cover all taxes, the furnishing of all materials, the per orming of all the labor requisite or proper and the providinq 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 60 days. 1 -4- I I I I I I I 11 I 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 discrepanc� 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 an the basis of corrected totals. The estimated quantities of work indicated in this proposal are approximate only, being given solely as a basis for comparison of bids. It is understood that the City does -not expressly nor by implication agree that the actual amount of work will corres- pond therewith, bmt 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 prides stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement.is delivered to him for signature, or within such further time as may be granted by the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages -for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is (insert "$- I cash", cashier's ch�ck, 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. 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: -5- I Licensed in accordance with an act providing for the registration of contractors License No. 3&6 3,51 Signature of Bidder: Q I (If an individual, so state. if a firm or co -partnership, state the! firm name and give the names of all individual co- partners composing the firm: president, secretary, treasurer and manager thereof.) DATED: ZZ14,'z -?'5- Ja"� I I Business Address ,iiLi- 44q-1-/4(-&1 Phone Number Further, the undersigned bidder certifies that he has thoroughly checked the fiqures set forth in this proposal, that they are correct to the best of his knowledge and that'they constitute his proposal for the work called out herein. Signatur*f Bidder Date qC_& I Phone Number I 1 -6- 1 0 SCHEDULE OF W ORK ITEMS ITEM APPROX WORK ITEM WITH UNIT PRICE E NO. QUANTITY (WRITTEN IN WORDS) 5, 6. L. S L. S. Rework manhole base for th�W.n.it price of 01JLC doll'ars ea. Remove existing manholes and grout existing sewer lin for the lump sum price 0 P( dollars 0 UNIT PRICE TOTAL (IN FIGURES) AMOUNT P) 0 $ V ') I �. I/ I N tq/, $ - I I , T- / Jn Remove and reinstate existing concrete levee lining for the lump sum price of�0.4- "L� dollars 0 -6a- kj ()o 1. L.S. Furnish and install V.C.P. and drop for 10" the I lump sum price of �Ijt �:h,41X41 ��. dollars 2. .1881 L.F. Furnish and install 24" V C.P. for the unit price oi dollars pe�)lineal toot 3� 6 Ea. Furnish and install internal diameter manhole 60" for the un , t price of dollars ea.� 5, 6. L. S L. S. Rework manhole base for th�W.n.it price of 01JLC doll'ars ea. Remove existing manholes and grout existing sewer lin for the lump sum price 0 P( dollars 0 UNIT PRICE TOTAL (IN FIGURES) AMOUNT P) 0 $ V ') I �. I/ I N tq/, $ - I I , T- / Jn Remove and reinstate existing concrete levee lining for the lump sum price of�0.4- "L� dollars 0 -6a- kj ()o 4. 1 Ea I 5, 6. L. S L. S. Rework manhole base for th�W.n.it price of 01JLC doll'ars ea. Remove existing manholes and grout existing sewer lin for the lump sum price 0 P( dollars 0 UNIT PRICE TOTAL (IN FIGURES) AMOUNT P) 0 $ V ') I �. I/ I N tq/, $ - I I , T- / Jn Remove and reinstate existing concrete levee lining for the lump sum price of�0.4- "L� dollars 0 -6a- kj ()o I ' ' 0 0 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA County of lot ss. being first duly UU sworn deposes and says that he is of the party ma�ing 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 aareed 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 6r 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. I 1 -7- ON— Cf1J4"'1' Q'5� /'/00�q F P before me, tlu undersigned, a Notary Public in and for said State, personally appeared (,)A(-Te�C, PtO--�Lco to be the person whose name U101fa subscribed to the within Instrument, and that he executed the same. WITNESS my hand and official seal. Notary Public in and for said State. -a- dged to me I DESIGNATION OF SUB -CONTRACTORS I$ubmit 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 Engine6r, 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 1. 2. 3. PHONE NO. BIDDER'S NAME �j_)JL Qakl' AUTHORIZED PGNATURE I 1 -9- 4. 5. 6. 7. 8. BIDDER'S NAME �j_)JL Qakl' AUTHORIZED PGNATURE I 1 -9- -..,BID OPE41ING 2:00 RMN I—A LO 4 1A, kL - 1A (PROJECT TITLE) BIDDER AMOUNT BID BON -o- 6 (.rl 16k7- u 0 1/1 C.,�q , LL12 6 V cc: City Clerk's Staff (3) Public Works (3) City Manager (1) .BIQ OPEOING P. 2:00 RM.' (PROJECT TITLE) BID B JBIDDER AMOUNT BON V C99-1/ef Z -A No 2- o (�01 T1 - cc: City Clerk's Staff (3) Public Works (3) City Manager (1) PROOF OF PUBLOATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange City of San Clemente I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen yeaxs, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the San Clemente Sun -Post a newspaper of general circulation printed and publi.%hed . ............... PA.TLY. ........................... ----- . in the City of San Clemente County of Orange, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11, 1060, Case Number A9140; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any slipplement thereof on the following dates, to -wit: ...... Ju -1- y.. 12 -9 .... and ... Ag.g�Apj ... 5.1.. .. . .... .. . .......................... all in the year 19 ... ��? I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Clemente, California, this 5th August ...... day of .. --_----_--------- ............ . ............ Signature SA N CLEMENTE PUBLISHING CORP. 1642 North El Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 714492-5121 This spa#for the County Clerk's Fflinff at& 0 Proof of Publication of NOTTGE TNVTTPIG BTDS ............. I ... ........................................................... . ........ ,Rp Land OWW WW* Ube AaW RM000nKton Until 92.* p�ni. on ihe 21thday of August, 1911. ,: A pre-bid coukrance is 4adsoduled at 10:00 a.m an Ike 17th day of August iilFt at the City offices to andst contraCtOM; Copies of Plans and Speefflestioss am an Me In ,too Office of the City �C I ' erkof San Juan �eio.istrano, 324M Passe San Juan 04istrano, California, and Alaybe obtained at a =a- �r� charge of $10.00, Aus a charge of $5.00 for W&I ad of Plans Bud 1910 �:'ruousneu M We Liany Sun -Post, San Clenients, California — July 29 and -�" 5, Im 0 NOTICE OF TRANSMITTAO LEGAL PUBLICATIONS TO: DAILY SUN -POST Helen Nielsen, Legal FOR PUBLICATION ON: THURSDAY, JULY 29, 1982 and THURSDAY, AUGUST 5, 1982 nnri1MR.MTf.(;) TO BE PUBLISHED: NOTICE INVITING BIDS - LAND OUTFALL TRUNK LINE SEWER RECONSTRUCTION PROOF OF PUBLICATION: Please send to: office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: 'a // �e;� DATE: July 22, 1982 Date of Bid Opening 8/25/82 I Date(s) notice published 7/29/82 & 8/5/82 Date affidavit received Date notice posted in designated posting places (3) 7/29/82 - 3 Page notice Date notice(s) posted an property n/a Date of mailing notices to property owners n/a Engineer's Estimate - per Brian Perry 7/22/82, cdc ti a 20) GoD NOTICE INVITING BIDS LAND OUTFALL TRUNK LINE SEWER RECONSTRUCTION Notice is hereby given that the City of San Juan Capistrano will rece.ive sealed proposa.ls or bids for the until 2:00 P.M.- on the 25th ctay ot - August r 1982 - A pre-bid conference is scheduled at 10:00 A.M. on the 17th day of August 1982 , 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: July 22, 1982 CITY CLEF CITY OF AN 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 25th day of August, 1982, receive sealed proposals or bids for the Land Outfall Trunk Line Sewer Reconstruction . in accordance with the approved plans and specifications on file in I the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received untfl 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 l7thday Of August, 1982, at the City offices. The con- tractor shall have the opportunity for clarification or interpre- tation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions, explanations, or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner. - 1 - 11 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 gaid City. time limit of Seventy -Five set for the completion of the work, of the contract. (75) days has been from the date of execution BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor Code of the State of California, copies of the prevailing rate of per them wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies 'of Plans and Specifications one on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and speci- fications for use in preparing bids may be obtained at the office* of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10, nonrefundable, is required for obtaining each set of plans and specifications. There will be a $5 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor's License number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. -2- 0 0 This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this day of CITY CLFRX/ CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- �j 8. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS - LAND OUTFALL SEWER (STONEHILL DRIVE TO CALLE JARDIN) (80) As set forth in the report dated July 20, 1982, from the Director of Public Works, the plans and specifications for the reconstruction of the City's land outfall sewer from Stonehill Drive to Calle Jardin were approved and authorization granted to call for bids. 71,�o/q-�L 0 9 AGENDA ITEM July 20, 1982 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Plans and Specifications and Authorization to Call for Bids - Land Outfall Trunk Line Sewer Reconstruction, Stonehill Drive to Calle Jardin SITUATION Staff is requesting approval of the plans, specifications and cost estimate and authorization to receive bids for the reconstruction of the City's land outfall sewer from Stonehill Drive to Calle Jardin a distance of approximately 1900 feet. The existing sewer line is epoxy lined, asbestos cement pipe which has suffered damage due to "crown corrosion" or hydrogen sulfide degeneration of the asbestos cement behind the epoxy lining. T.V. investigation has indicated the extent of damage and a staged program is being pursued to replace all of the asbestos cement epoxy lined pipe. FINANCIAL CONSIDERATIONS The engineer's estimate for this project is $172,000. A contract for $49,650 has recently started for a downstream phase. $250,000 was funded for these projects in the 1981-82 budget and this would be rebudgete,d in the 1982-83 budget. ALTERNATE ACTIONS 1. Approve the project. 2. Do not approve the project. 3. Require more information before acting. RECOMMENDATION By motion, approve the plans and specifications for the Trunk Line Sewer Reconstruction, Stonehill Drive to Calle Jardin and authorize the receipt of bids. Respectfully submitted, 1�) r� ��)el W. D. Murphy WDM:BP/nep FOR (�ITY COUNCIL AGEN.A "3Z400 PASFO a ELA'T SAN JUAN CAPISTRANO, CALIFORNIA 9ZG75 .NONE 493-1171 e,s November 24, 1982 Capello Construction 30281 Malaspina Road San Juan Capistrano, CA 92675 Re: Land Outfall Trunkline Sewer Reconstruction - Stonehill Drive to Calle Jardin Addendum No. 1 - Time of Performance With reference to Addendum No. 1, dated August 19, 1982, -please note that the authorized start of construction for determination of the time of Derformance will be November 15, 1982. Very truly yours, CITY OF SAN JUAN CAPISTRANO Brian Perry Assistant Civil Engineer -BP/nep cc: Cathy DuCoing URTIFWATE OF INSURAN(T usau Insurance G IRS This is to certify that the insurance policies (described below' oli��Fnpyrl Written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance an ,�Iicloqs not in any way alter, amend or extend the coverage afforded by any policy v referred to herein. r 11 j.j. f ,I Kind of Coverog CITY Expiration Date Policy Number Name and address of Insured OF �4,4 juAN Compensation laws of all states (except states where coverage can be provided only by State Foods, and Canada) and asciesignated in the policy and endorsements for Coverage Workers' PAI J -1i Q Compensation' F B — Employers' Liability, Capello Construction Inc. Producer No.: 1043 30281 Malaspina Rd SMP�R F —1 Place: Santa Ana San Juan Capistrano, CA 92675 Date Issued: May 9, 1983 Region: Ana LA $ Each Occurrence .ad Tenants' Liability 1 Kind of Coverog Expiration Date Policy Number * Unless otherwise indicated, this policy affords full coverage under the Workers' Compensation laws of all states (except states where coverage can be provided only by State Foods, and Canada) and asciesignated in the policy and endorsements for Coverage Workers' Compensation' B — Employers' Liability, Limits of Liability Comprehensive 1 114-15-84 2024-04-034920 Bodily Injury Property Damage Gem,al Liability $ 500,000 Each 3ccurrtence$ 1009000 Each Occurrence SMP�R F —1 s 500,000 Aggregate $ 100,000 Aggregate Products - Completed Operations- El Included El Excluded Single Limit $ Each Occurrence Contractual - At Written Contract 1:1 Included E] Not Covered $ Aggregate Owners', Landlords' $ Each Occurrence $ Each Occurrence .ad Tenants' Liability 1 1 $ Aggregate Contractural Liability H $ Each Occurrence $ Each Occurrence Designated Contracts $ Aggregate Only Single Limit $ Each Occurrence $ Aggregate Automobile Liability LL14-15-84 12024-05-034920 $ Per Person I []a All Owned Autos 12 Hired and Nonowned Autos $ Per Accident 1 $ Per Accident El Specified Autos Only Singlehmit $600,000 Par A,,,dent Umbrella Loch Occurrence $ 1,888, Liability '888 $ Aggregate Products Completed Operations 1 4-15-84 2024-06-034920 $ 10,000 Retention Special Provisions/Locations/Specified Autos: All Operations Stonehill Drive to Calle Jardin Land Outfill Reconstruction Trunkline Sewer. If any policy described above is canceled during its term by the company, the company will mail notice ten days before the effective date of such cancelation to the party named below. Anywhere in the United States of America, its territories orpossessions or Canada. Not withstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may retain, 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 larrints) thereof, tThe entry of a number in this column means that the coverage is afforded by the company designated by the some number Issued to City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 1-f12 Issued by (1.) EMPLOYERS INSURANCE OF WAUSAU A Mutual Company (2.) ILLINOIS EMPLOYERS INSURANCE OF WAUSAU (3.) WAUSAU UNDERWRITERS INSURANCE COMPANY (4.) WORLDWIDE UNDERWRITERS INSURANCE COMPANY Signeni (S) I 5�57W Authorized Comizary Reeaaenbei� "WaCERTIFICATE OF INSURANCE usau 1p'surance Companies Thi% 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 after, amend or exten the civerage afforded by any policy referred to herein. �;A. I I " Name and address of Insured F fri� lot- CAPPELLO CONSTRUCTION, 30281 MALASPINA ROAD SAN JUAN CAPISTRANO, CA 92675 Kind of Coverage 1043 C Producer No.: Place: Santa Ana, CA Date Issued: 10-11-82 Region: ANA,LA Ccurriparesetain In. of ah sates (e.ced, states %vhPire covisvisgis can bak dAV 92— State Funds, and Canada) and as designated in the polp drum,anuiudients r&4, 0 A Kind of Coverage Expiration Date Policy Number * Unless otherwise mclic.t.cl, flus policy affords full coienci ka t Ccurriparesetain In. of ah sates (e.ced, states %vhPire covisvisgis can bak dAV 92— State Funds, and Canada) and as designated in the polp drum,anuiudients r&4, Compensation* B — Employers' Lookulay. Limits of U -WY Comprehensive LiJ 4-15-83 2023-04-034920 Bodily Ini 2LI.Ch Propty Doi Grunaml Liability Occurrenc/ $ JUU,VUU e UOVO Vy Loch Occurrenc SMP�R F-1 $ 500,000 Aggregate l 1VOU0 Aggregi Pyodui - Completed Operations Included El Excluded sm,atinut $ Each Occurrence Contractual - All Written Contracts Included EJ Not Covered $ Aggregate Orweers', Landlords' $ Each Occurrence $ Each Occurrence and T interns' Liability $ Aggregate C.nt,.ctu,.i Liability H $ Each Occurrence $ Each Occurrence Designated Contracts $ Aggregate Only Single Limit $ Each Occurrence $ Aggregate Automobile Liability Ll 1 4-15-83 2023-05-034920 $ EX All Owned Autos KI Hired and Nonowned Autos $ Per Accident El Specified Autos Only Single Limit $ 600,000 Per Accident Uni $ 1,000,000 Each Oc,.r,Prs,, Liability 1 4-15-83 2023-06-034920 $ ',000 0, Aggregate Product, - Completed Operations so $ Retention 'x Spiticial Pron,isions/Locations/Specified Autos: Stonehill Drive to Calle Jardin Land Outfdll Reconstruction Trunkline Se,,ier If any policy described above is canceled during its term by the company, the company will mail notice ten (10) days before the effective date of such cancellation to the party named below. Anywhere in the United States of America, its territories or possessions or Canada.. I star withstanding any recurement, 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 termi thereof, tThe entry of a number in this column means that the coverage is afforded by the company designated by the some number, Issued to: CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 Issued by (1.) EMPLOYERS INSURANCE OF WAUSAU A Mutual Company (2.) ILLINOIS EMPLOYERS INSURANCE OF WAUSAU (3.) WAUSAU UNDERWRITERS INSURANCE COMPANY (4.) WORLDWIDE UNDERWRITERS INSURANCE COMPANY I � 15) '�� Signed 9�_ez )�� �'<ill Authorized Zcm�ry Repr—ntc�7 I IN IT, (TI C: OD z r- 0 r- 7 D 1 7 -1) H-3 0 ci z 0 0, f I i '3j -D N �J' LP -�l 0 j C) Ln 0 0 I I '14 t�j � W n --Tj 0 Fo rT c z Ln cri ci ji NK t -I I '14 0 t7J C� CO C -- z 8 F :D Lo LIT r -i 0 -u -0 jr) z 7 �(3 0 (T) r M ID 9 z IN 0 0 J7 PLANPRND SPECIFICATIONS F Tentative Contradt Award NAME -T� A4�ft 'a- ) ot, lfzlz. ;R-K-QNE 2 3" s- - Ji R 3, -,Ac -,t F 1 7 " c C f Grl, I Y Vjn�o I::)-h"fie-zjcH, &A,�- Co, 1 -To I a- QL S�alvgL Sz- U060 Vle DID-� PLANPhNo SPECIFICATIONS F 0 j?A-o Tentativ Date: I I r7r7 1�0 �J , 'c'k Z CAI)7� COA.�57AWtr'l q 13ox ('2 L21 (2 FA Ll 606 ryr\oyJ- C -all) HO-X�O\S Giv,4. 90ooLl 5r S� 5-1 010 T? 5-- 13 71 C_y( - ILE-( 13ox ('2 L21 (2 FA I I 4 Fl, All 'AND SPECIFICATIONS F6 icna NAM lfzlll L.). _7 V�3 I�A k- . -E- A01,� SU Z70 2� Ll 2� c a/ pvr 7-141,9000 51clslo�toezcz, Av6 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY STATE OF CALIFORNIA SPECIFICATIONS FOR . LAND OUTFALL TRUNK LINE SEWER RECONSTRUCTION STONEHILL DRIVE TO CALLE JARDIN CITY COUNCIL LAWRENCE F. BUCHHEIM, MAYOR KENNETH E. FRIESS GARY L. HAUSDORFER A14THOIZY L. BLAND PHILLIP R. SCHWARTZE W. D. MURPHY, DIRECTOR OF PUBLIC WORKS JULY, 1982 0 . 0 TABLE OF CONTENTS Title Page CONTRACT DOCUMENTS NOTICE INVITING BIOS . . . . . . . . . . . . . . . . . 1 BID PROPOSAL . . . . . . . . . . . . . . . . . . . . . 4 SCHEDULE OF WORK ITEMS . . . . . . . . . . . . . . . . 6A - 6C NON -COLLUSION AFFIDAVIT . . . . . . . . . . . . . . . 7 DESIGNATION OF SUB -CONTRACTORS . . . . . . . . . . . . 9 .INSTRUCTION TO BIDDERS . . . . . . . . . . . . . . . . 10 CONTRACT . . . . . . . . . . . . . . . . . . . . . . . 16 BID BOND . . . . . . . . . . . . . . . . . . . . . . . 19 FAITHFUL PERFORMANCE BOND (SAMPLE) . . . . . . . . . . 20 LABOR AND MATERIAL BOND (SAMPLE) . . . . . . . . . . . 21 AFFIRMATIVE ACTION DOCUMENTS . . . . . . . . . . . . . 22 SPECIAL PROVISIONS WORK TO BE DONE . . . . . . . . . . . . . . . . . . . 23 STANDARD SPECIFICATIONS . . . . . . . . . . . . . . . 23 - 24 TERMS DEFINED . . . . . . . . . . . . . . . . . . . . 24 SPECIAL PROVISIONS FOR THE CONSTRUCTION OF SANITARY SEWERS . . . . . . . . . . . . . . . . . . . 24 FLOW AND ACCEPTANCE OF WATER . . . . . . . . . . . . . 24 WATER . . . . . . . . . . . . . . . . . . . . . . . . 24 INSURANCE AND OVERHEAD COSTS . . . . . . . . . . . . . 25 PROTECTION OF EXISTING UTILITIES . . . . . . . . . . . 25 PROTECTION OF PRIVATE PROPERTY . . . . . . . . . . . . 25 SOIL CONDITIONS . . . . . . . . . . . . . . . . . . . 25 PROTECTION OF PUBLIC PROPERTY . . . . . . . . . . . . 25 PERMIT . . . . . . . . . . . . . . . . . . . . . . . . 26 INSTRUCTION TO BIDDERS Securing Documents Plans, specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids". Examination of Plans, Specifications and Site of Work The bidder is required to examine the site of work, the proposal, the plans and the specifications very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The plans for the work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omission from, the drawings, specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a re- quest shall be responsible for its prompt delivery. In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly and fully set forth, or if the Engineer discovers errors, -10- 0 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 interpretations of the documents presented to bidders in any manner other than written addendum. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Be- fore submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or cor- poration who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures, the words shall govern. 0 . 0 B. All prices and notations.must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and. corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equip- ment and references properly and fully filled out. E. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the pro- visions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not less than ten (10) percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond, and the money re- presented thereby, shall remain the property of the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten (10) percent of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. -12- G. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids". Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensinq of Contractor All persons, firms, p�rtnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawl of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for re- ceipt of bids. Opening of Bid Proposals The City will, in. open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids". Bidders or their authorized representatives are invited to be present. Award of Contract or Relection 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- 0 0 The bidder to whom the award is made shall execute a written contract with the City and furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after the notice of award of contract. The contract shall be made in the form adopted by the City. The release of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made upon the City's acceptance of the Labor and Materials Bond and the Faithful Per- formance Bond. If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corpora- tion to which an award is made shall furnish evidence of its cor- porate existence and evidence that the officer signing the con- tract and bonds for the corporation is duly authorized to do so. Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and material Bond in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract. Said bonds shall be secured from a surety company satisfactory to the City. Surety companies, to be acceptable to the City, must be authorized to do business in the State of California and be on the accredited list of the United States Treasury. Time of Performance The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently prosecuted until completion. A time limit of Seventy -Five -14- 0 0 ( 75 ) calendar days from the date of execution of the contract has been set for completion of the work. The bidder's attention is directed to the specifications as to provisions for extension of time of com pletion and/or assessment of liquidated damages. Assignment of Contract No assignment by the contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the award ing authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. Workmen and Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City pursuant to said code and as listed in the "Notice Inviting Bids". Buildinq Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. -15- 1 . 2. 0 0 SPECIAL PROVISIONS Work to be Done The work to be done consists of construction of a drainage system., placement of an asphalt concrete overlay, raising existing manholes to the new grade, removal and reconstruction of some curb and gutter and spandral and all other appurtenant work as shown on the plans or included in the specifications. Standard Specifications The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1979 Edition, hereinatter reterred 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 Specifica- tions shall be modified as indicated below: Change 1: "Section 2-4 - Contract Bonds" The "Payment Bond" (Material and Labor Bond) shall be. in the amount of 100 percent of contract price. The "Faithful Performance Bond" shall be held as assurance of guaranteed performance for a period of one year after acceptance of the improvements by the City Council. Change 2: "Liability Insurance" The amounts and provisions of insurance are modified to be: Bodily Injury $ 500,000 each person. Bodily Injury $ 1,000,000 each accident Bodily Injury $ 1,000,000 aggregate products Property Damage $ 500,000 each accident Property Damage $, 500,000 aggregate operations Property Damage $ 500,000 aggregate protection Property Damage $ 500,000 aggregate products Property Damage $ 500,000 aggregate contractual The contractor shall likewise obtain public liability and property damage insurance to cover vehicles used or main- tained by him, whether on or off the premises, with liability limits of not less than $500,000, for any one person, and $500,000, for anyone accident, and property damage of $500,000. The insurance amounts set forth herein are the minimum.amounts required by the City. Other agencies with which the contractor may be involved in the accomplishment of the work may require greater amounts. -23- 3. 4 The City will not recognize any claim for additional compensation 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. Terms Defined Whenever in the said 8tandard Specifications the following t6rms are used, it is hereby provided that the following City Departments or persons shall be intended: AGENCY shall mean City Of San Juan Capistrano whereever 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. Special Provisions for the Construction of Sanitary Sewers All work shall conform the the Special Provisions for the Construction of Sanitary Sewers, City of San Juan Capistrano, hereinafter referred to as "City Sewer Special Provisions". Copies of these documents are available..in the City offices at a cost of $1.00. 5. Flow and Acceptance of Water L, 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. Water Water will be available from the Orange County Waterworks District #4. Arrangements for temporary construction water service permit and water service may be made by contacting Ora6gc County Waterworks District #4 at (714) 493-1515 one week prior to need for service. All water facility construction shall confor-m to the "Standard Specifications,O.C.W.D. #4" and "The Uniform Plumbing Code, 1973". -24- 7 N 9. 10. 11. 0 0 The cost of the water, permit, transporting and applying said water is included in the unit bid prices for the various items of work to be done. Included shall be full compensation for furnishing all labor, materials, tools and equipment and for petforming all the work necessary to develop a sufficient water supply and applying the water. Insurance and Overhead Costs The Contractor shall receive no direct compensation for insurance and overhead (move -in costs for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. P�rotection 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. Protection of Private Property The Contractor must remain within the construction zone to the best of his ability. The contractor must protect all existing private property. Soil Conditions City did not acquire a boring of the job site, but has construction data from the replacement of the sanitary sewer upstream of the manhole at Station 25+38.38 on the plans. Over the entire length of the previous construction, ground water was encountered and pumping was required. The soil was silty -sand, which had a tendancy toward caving. These conditions were encountered in the fall of 1980. This information is provided for the Contractor's use, and the City makes no guarantee expressed or implied of the conditions existing within the job limits. Protection -of Public Property The Contractor shall be required to protect in place the existing Bike Trail within the Orange County Flood Control District Right -of -Way. The Contractor shall provide safe passage along the existing bike trail or if not possible, a paved detour approved by the City Engineer shall be provided. -25- 0 12. Permits 0 The Contractor shall acquire all necessary permit(s) from the County of Orange Flood Control District. City shall provide direct payment to Orange County Flood Control District for permit payments required. -26- 0 0 SPECIAL PROVISIONS OF ITEMS OF WORK AND METHOD OF PAY14ENT BID ITEM I and 2 - 1011 & 24" VITRIFIED CLAY PIPE The workmanship and materials included in the work prescribed for Bid Item 1 & 2 shall be in conformance with the provisions of the standard specifications and sewer special provisions. The Contractor shall furnish and place the 10" & 24" V.C.P. sewer to the line and grades as shown on the plans or staked in the field. E>Ccavation, dewatering, bedding, temporary by-passes, trench shoring, compacted backfill within the excavated trench and all other related items of work as prescribed in the Special Provisions for the City of San Juan Capistrano are included in the unit price bid. Elevations of all connecting inverts shall be verified in the field prior to commencement of construction. Protection of all existing utilities, bike trail and sewerlines, shall be the Contractor's responsibility and included in the unit price bid. If the bike trail must be detoured during construction, such detours shall be paved and remain open at all times. The cost of -�uch shall also be included in the unit price bid. PAYMENT The unit price per linear foot shall include all labor, materials, tools and equipment for the placement of the 10" & 24" V.C.P. sewer and no additional compensation will be made therefor. BID ITEM 3 - 6011 SEWER MANHOLE The workmanship and materials included in the work prescribed for Bid Item 3 shall be in conformance with the provisions of the Standard Specifications and City Sewer Special Provisions. 1j.W)jfakWk The Contractor shall furnish and construct 60" sewer manholes to the lines and grades as shown on the plans or stake in the field. All excavation, dewatering, bedding, temporary by-passes, trench shoring and removals of interfering portions of the existing sewer line and temporary by-passes shall be to the satisfaction of the Engineer and are included in the unit price bid. -27- 0 . 0 BID ITEM 4 - REWORK MANHOLE The workmanship and materials included in the work prescribed for Bid Item 4 shall be in conformance with the provisions of the Standard Specifications and City Sewer Special Provisions. The remodel of the manhole shall be accomplished with one of the following epoxy resins: EPIBOND 157 as manufactured by Furane Plastics Incorporated, 5121 San Fernando Road, Los Angeles, California, or approved equal WYN-STIK ES -2 and ES -4 as manufactured by Wyndham Chemicals Incorporated, 10640 South Painter Avenue, Santa Fe Springs, California EPON 828 aE; manufactured by the Shell Chemical Corporation obtainable from Pacific Clay Products Corporation, Los Nietos, California The epoxy resin shall be used in strict accordance with the manufacturer's specifications. PAYMENT The lump sum price for the rework of the manhole at Station 67+39.16 shall include all labor, materials, tools, and equipment to reconstruct the manhole based including the necessary temporary by-pass of th(� manhole. BID ITEM 5 - REMOVE EXISTING SEWER MANHOLES AND FILL LINES TO TE_ ABANDONED The workmanship and materials included in the work prescribed for Bid Item 5 shall be in conformance with the provisions of the Standard Specifications and City Sewer Special Provisions. The contractor shall remove the sewer manholes and drop pipework where applicable to the top of the 21 inch pipe and fill the pipe with a lean grout, one part portland cement, and four parts sand and water. The trench for the manhole shall be backfilled, compacted and surface restored. PAYMENT The lump sum price for removing the existing manhole and filling the existing pipe with lean grout shall include all labor, materials, tools, and equipment necessary to complete the work as prescribed. Ott-= 0 0 BID ITEM 6 - REMOVE AND REINSTATE EXISTING ITEM The workmanship and materials included in the work prescribed for Bid Item 6 shall be in conformance with the provisions of the Standard 'Specifications and City Sewer Special Provision. The contractor shall remove and reinstate such extent of the existing concrete lining to the existing levee as necessary for the construction of this new sewer between manholes at Stations 48+28.82 and 52+46.03. PAYMENT The lump sum price for removing and reinstating the existing concrete levee lining shall include all labor, materials, tools and equipment necessary to complete the works as prescribed and no additional compensation shall be made therefor. -29-