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1981-0303_CAPPELLO CONSTRUCTION CO._Contract0 13565 iMBK 131,976M 1097 RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: lix7m—PT-1 GOVERNMENT CODE SECTION 6103 City of San Juan CapistranL—L'---i City Clerk's Department 32400 Paseo Adelanto Mary Ann�Ranover.' Citv Clerk San Juan Capistrano, CA 92675 City of '�an Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Cappello Construction, 30281 Malaspina Road, San Juan Capistrano, California, 92675, who was the company thereon for doing the following work, to wit: TRUNKLINE SEWER RECONSTRUCTION, VICTORIA STREET TO STONEHILL DRIVE That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 3rd day of March 1981, by Resolution No. 01-3-3-6 That upon said contract the Covenant Mutual Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 3rd day of March ., 1981. Aa4rAnn anovee, City Clerk of the City/M 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 penaltycf perjury that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City council. Dated at San Juan Capistrano this 3rd day of March , 1981. (SEAL) Mary Ann ,,/�anover' City Clerk ot the City of San Juan Capistrano RECEIVED BK 13976PO 1098 N OFFIC At RECOR05 REZ09RZEDF";�� of ORANGE COU"TY'CAtIFORNIX 5 m1n, 2 ?$A AAR 10 1991 post Rewder CITY COPY MACT This contract Is made and entered into bk and between the. CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and .. CAPPELLO CONSTRUCTION hereinafter referred to as CONTMCTOR. IT ISIRCREBY AGREED DET;,,'EEN THE PARTIES AS FOLLOVI'S: CONTTR�CT DOCLMM.NTS. The contract documents shall be considered to include 'the Notice Inviting Bids, the Instruction to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affi- davit, the Designation of Sub-Contra6tors, the Contract . which is prepared for execution by.the City.and the Contractors plans, specifications and special provisio�s, contract bonds, resolu- tions adopted by the City Council pertaining to the work, in- surance policies and certificates, and any supple * mental 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. tECOND. THE IVOM,% CONTRACTOR agrees to furnish all tools, labor, material, equipment, trans por tation , and supplies nCccs- sary to perform and complete in good and workmanlike manner . the construction of TRUF, LUE SENIM RECO',=CM01.11 in strict confor- mity with the Plans, Spccifi�ations and all other contract docu- monts, which documents arc on file at the Office oi the City Cj.crk, City Halls 32400 Pasco Adclanto, San Juan Capistrano, California. M11111). PAr.-1rNT. City agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at tho prices designated in bid proposal at tile time and in the manner set forth in the Specifications. r-OUJITII. CO3MMUCE,11011 AND CO.MPIXTION OF TIT"6111 CONTRACTOR nt:rces to begin all(] complctc the viork within the time specified In the Notice Inviting Bids. It is agreed fliat it 'would be im- practicable and cxtTcl1lcly difficult to fix tile 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 extdnsions of time with waiver of liquidated damaCes, may be granted as provided 'in the Specifica, t ions. FIFT11. PERFOM11ANCr WNYT) AND LABOR AND MATFRIAL BONTD. 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- :(.ornia, on forms apprbvcd;by City. �The Performa:nce Bond shall be' for an amount of one hundred percent �100'jo) of the amount of this contract and shall be conditioned on full and complete per- iormance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year af ter com pletion and acceptance. The Labor and Material Bond -hnl-1 be for eL.fi amouA of one hundred pc'rc�cnt'(10010) of the amount of this contract and shall be conditioned. upon full payment of all L abor and Material entering into or incidental to the work cove red by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within tile Specifications. SIXT11. GENERAL PT1rVA1TMj'G RATE OF PrTZ DIEM WAGrS. Pursuant to the Labor Code of the State of California, copj.�s of the pro- �ai*lillg rato of per diem wn!zes, as determinccl by the Director Of tile State Dcpartmcnt of Industrial r�clatiolls, are on file jn tlic*office of t1jo City Clerics 32400 P.L!.c*o Adclanto, San Juan tapistrano, California, and *ire hereby incorporated'and madc a .17— part hereof. CONTRACTOR agrees that he, or any SUB-CONTILICTOR 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. INSUMNCE. CONTRACTOR agrees to carry Public Liability, Property Damage, and Workmen's Compensation Insurance in amounts as required by the Specifications. EIGHTH. COMPLTANCE WITH OT11rR PPOVTSTONS OF LAW RM- AMM� TO PUBLICCONTMCTS. City is subject to the Drovisions 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 eigfit (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 exccution of the Contr:�ct by CONTrACTOR, or by rny SUB -CONTRACTOR, foi each calon- dar day during which such workman is required or permitted to work more than -eight (S) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN IV177TESS WHEREOF, this contract is executed by the duly authorized agent(s) of City,.pursuant to Council actio�.'and by CONTUCTOR on the date set before the najiW of each. X DATED: October 15, 1980 APPROUD AS TO FOMM: Ci1W Atturnc� DAITD: I 4 OF SAN JUAN CAPI CAPPELLO CONSTRUCTION I MAYOR CITY CL)CRK I I I I I I I I I 1* � I B I D P R 0 P 0 S A L For the: TRUNKLINE SEWER RECONSTRUCTI6N- VICTORIA ST. TO STONEHILL DRIVE.' From: CA 1=1 LD_ ^"4sT- I)ve- contractor To the Ilonorable'tity Council City of San Juan Capistrano Gentlemen: The undersignc0s *as bidder, declares t.hat he has carefully examined the location of the proposed work as describeds examined the Plans and Specifications. and General 6onditions thereforg read �he Instructions to Bidders, and is familiar with all pro- posal requirements, and hereby prop�ses 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: $ ds 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 ' toolso ap- paratus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the -work. If the contract Is awarded the undersigned agrees to enter Into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of 45 days. .4- I i I I I I I I I IL I . I I I All bids are to be computed on the basis of the given Estimated Quan.titics 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 cstimat6d quantities of work indicated in this proposal 1 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 6f work will corres- pond therewith, but- reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the' City of San Juan dapistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then the enclosed clieck or bid bond shall be returned to the undersigned within thirty (30) days. If the proposal is accepted and the Lndersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time at 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 contrac t sliall be paid into the treasu.ry of the City of San Juan Capistrano as liquidated damages for the failure of the under- signed to comply with the terms of this proposal. . Accompanying this proposal is _Elo p�,ND (insert cash,,, cashier's check, certified check or bidder's bond, as the case may be) in an amount equal to at least ton percent (10"�) of the total bid. Tito 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 ilia undersigned: .5- I I I I Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are Correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Signature of Bidder Phone Number to—ci— ko Date Licensed in accordance with an act providing for the registration of contractors License No. Signature.o'f Bidder: CA?Pr;LLO C-pNir ig(, Ok P LL AK --F&4 (f: YTA PO (If an individual, so state. If a f irm. or co -partnership, state the f irm name and give the names of all individual co- partners composin.- the firm: Presiden't. secretary, treasurer and manager thereof.) Dated: cl -*�hx 3? 1 MALAsPyVA RA - Business Address L4 -IS �4 c � I Phone Number I I I I Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are Correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Signature of Bidder Phone Number to—ci— ko Date SCHEDULE OF WORK ITEMS s �5 5 � p-5� , c, o — -6a- (Total in Figures) ITEM No. APPROX. QUANTITY WORK ITEM WITH UNITS (PRICE WRITTEN IN WORDS) UNIT PRICE (IN FIGURES) TOTAL A,11OLN- 1. 2,317 Lineal Feet of 2411 v.c.p. Sewer for the Ltut Price of Q& per Lineal Foot. $ (05 - L) 0 $ tso .305.(Do 2. 4 Each, 60" Sewer Mardiole for the Unit Price of Each. $ 3� WQ,C>O $ 1,200,60 3. L. S. Connection of Existing Double 10" V.C.P. Sewer for the Lunp Surn of E46h.- �1 umddj4- 'Do AmA, Dollars. $-1-500-0 . 0 150V�00 4. 5 Each, %move Existing Sewer Ibnhole and Plug Lines for the Unit Price of liu� H Each. daQA20 $ L000-00 TOM BID: T�V ��Dollars (To&&Wor4ds) s �5 5 � p-5� , c, o — -6a- (Total in Figures) I I I I � I I I . 0 I � I fMCOLLUSION ATIDAVIT TO LE E)EaM -BY BIDDER NT'S01I= I-,'ITH BID STATE OF CALIFORNIA County of ss" being first duly sworn' deposes and says that he is Of I 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 c.olludcd, 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 mannc*r, direct ly or indirectly, sought by agreement, communication or conference'with any one to f ix the bid price 'of said bidder or of any other bid - dor, 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 co - nthined 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- Withs to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof , or to any other indivi(lual except to any person or persons as have a partnership or other financial interest with said bidder In this Gencral business. �7- ON �6'6ej' 19 9(n before me, the undersigned, a Notary Public in and for said State, personally appeared to be the person whose name— subscribed to the within Instrument, and acknow- I-edged to me that —he executed the same. WITNESS my hand and official seal. Not ary Public in And for said t4' t6. 39 up. GATION U_ SUB-CONqWLTORS Submit witl i 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 o' in accordance wiih the applicable provisions of the Specificati ns. 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 h,is forces. If no sub -contractors are listed, all bonds and insurance will be written in the nam6 of the genera!1 cantractor only. ITEM OF V"Oluc 0 i SUB-:CONTMCTOR ADDRESS PIIOI\,E No. 13IDDrR'S NAME AuTnon I MD. s rGNA TUNE REGIONAL OFFICE COPY ERTIFICATE OF JNSURANCEn� IVI I Aa \10 mcu Insurance Q I I is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued. r Certificate is not a icy or a binder of insurance and does not in any way alter, amend or extend the coverpW 04" By any policy .,,ad to herein. JV 1 25 1�, eandaddress Insured S A �4 4 4 ca"aue amotwwtim. Representative No, 1400 "281 MINIMUM, We Place: S&ut& Ana, CA 92701 sea iman Carlatmot, CL "675 Date Issued: 10-27-80 Region: AMAt 1A tind of Coverage ExpiradimDals, Policy Number t ' Union otherwise indicated, this policy affords full coverage under the Workers' Compensation laws of all states (except states where coverage can be provided only by Store Funds, and Comoda) and as designated in the policy and �dorsemenfs for Coverage If — Employers' Liability. Limits of Liability bodily Injury propertyDamogi, .n,p,ehensive I 6_13w," 2021-04—MM ,.,,at liability 4 �,oducts -Completed Operatione, J§lncluclecl oExcluded I J;Wfio" Each Occurrence S * Aggregate 1 .408W IL00.0" Each Occurrence S Aggregate 1 100 -Ow SinglaLimit S Each Occurrence :,nar,dual -All W itten Controc)t- 1§10iducked [:11itenCoverocil Aggregate ran, r�', Landlords' S Each Occurrence $ Each Occurrence ,d I �nant.'Liobility I I I s Aggregate ,ntroctual Liability — " $ Each Occurrence S Each Occurrence ,u9nated Contracts I I mly S Aggregate Single Limit S Each Occurrence $ Aggregate ile Liability LIJ4-1541 2021..415-GU#20 S Per Person All Owned Autas Hired and Nono.ned Autos Per Accident is Per Accident ospecified Autos, Only Single limit S MAW Per Accident ob,01. $ Each Occurrence ,bilay $ Aggregate Products Compiesed Operations $ Retention Special Provisions/Lociations/Specified Aui Liabilfir Anywherts In the United States of America, territerlise at posee"iome or Canada. 40 nihste �y _11epoll, rh� entry 0 ,soed to: If any polUy dawribad abm to emnadod during Its term by the company, CONPMY VIU Well Rotlea too (10) d"s before the effeative date of soeh canc*Uatim to the party named balm. Job: Trank Has samier riscoostrac-tion. means that the coverage is afforded by the company designated by the some number, City of San Jum Copixtrema 32400 plifew Adelanto San Joan Capistrano, CA 92675 May Its th*V Issled by (I.) EMPLOYERS INSURANCE -OF WAUSAU A Mutual Company (2.) ILLINOIS EMPLOYERS INSURANCE OF WAUSAU (3.) WAUSAU UNDERWRITERS INSURANCE COMPANY (4.) WORLDWIDE UNDERWRITERS INSURANCE COMPANY Signed Aohori2ed Company Repres , e e ntative IATD NU,5A (S) 155736 0 APPROVAL OF CHANGE ORDER NO 0 ION, NOTICE OF (38) Written Communications: V(80) Report aated February 17, 1981, and resubmitted March 3, 1981, from the Director of Public Works advising that the work for the land outfall between Victoria Street and Stonehill Drive has been completed by Cappello Construction. The payment status is as follows: Total Construction Costs $187,538.41 Less 10% retention 18,753.84 Total due to date T1_C8_,784.57 Previous payment 162,934.57 Balance Due this Payment $ 5,850.00 pgrova 1 of C� er/,ejcc tgnce of Work: aFg Npgy'old drd�r . tfi2 '1k t of �;5,850.00, was approved and the following resolution was adopted: RESOLUTION NO. 81-3-3-6, COMPLETION OF SEWER RECONSTRUCTION - A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRUNKLINE SEWER RE- CONSTRUCTION - VICTORIA STREET TO STONEHILL DRIVE The resolution accepts the work and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days, payment was authorized to Cappello Construction in the amount of $5,850.00; payment of the 10% retention of $18,753.84 was authorized 35 days after recordation of the Notice of Completion. _10- 3/3/81 I Resubmitted March 3, 1981 AGENDA ITEM February 17, 1981 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Change Order No. 1, Resolution, Notice of Completion and Final Report - Trunk Line Sewer Reconstruction, Victoria Street to Stonehill Dr. (Cappello) SITUATION Construction of the portion of the land outfall between Victoria Street and Stonehill Drive has been completed to the satisfaction of the City Engineer and is ready for acceptance by the City Council. This contract change order is being submitted to City Council for approval of extra work required. Because of difficult ground water conditions, extra rock was necessary for bedding so that the pipe would maintain its structural integrity. Also, two concrete structures not shown on the plans needed to be removed so that the grade could be maintained; an essential for gravity flow sewers. Because of the time element, the developer, American Savings and Loan, of the tract through which the sewer flows, signed an agreement (approved by City Council on May 7, 1980) whereby he would reimburse the City for any extra work necessitated by their construction activity. Since the contractor had to bore under a new 96" storm drain and dig through extra fill placed by the developer, American Savings & Loan will reimburse the City for those items. FINANCIAL CONSIDERATIONS Total Construction Costs $187,538.41 Less 10% retention 18,753.84 Total due to date 168,784.57 Previous payment 162,934.57 Balance due.... $ 5,850.00 There is $180,000 budgeted for this project which was awarded by City Council on October 15, 1980. The total change order is for $18,433.41, of which the City pays $5,209.14, while American Savings & Loan contributes $13,225.27. This makes the City's cost $174,313.14. ALTERNATE ACTIONS 1. Approve the Contract Change Order and accept the project as complete. 2. Do not accept the project and change order. 3. Request further information from staff. FOR CITY COUNCIL AGrENDA ... ALI! James S. Mocalis, City Manager Trunk Line Sewer Reconstruction RECOMMENDATION 0 Resubmitted March 3, 1991 -2- February 17, 1981 By motion, approve Contract Change order No. 1, determine that the work has been completed for the reconstruction of the trunk line sewer from Victoria Street to Stonehill Drive, and declare the work to be accepted. Direct that within ten days from the date of acceptance a Notice of Completion be filed with the Orange County Recorder. The total amount of work performed under this contract is $187,538.41. Direct staff to release the retention 35 days after the recordation of the Notice of Completion. Respectfully submitted, Mu�W. D. p WDM*MG/rem Encls. RESOLUTION NO. 81,3�3�6 COMPLETION OF TRUNKLINE SEWER RECONSTRUCTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRUNKLINE SEWER RECONSTRUCTION - VICTORIA STREET TO STONEHILL DRIVE WHEREAS, on the 15th day of October, 1980, the City of San Juan Capistrano entered into a contract with Cappello Constri,iction for the construction of Trunkline Sewer Reconstruction; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does resolve as follows: SECTION 1. That the work required to be performed by said contractor has been completed. SECTION 2. That the total cost of said work is in the amount of �-187,538.41. SECTION 3. That the work is hereby accepted and approved. SECTION 4. It is further ordered that a "Notice of Completion 'berecorded, on behalf of the City, in the office of the County Recorder of the County of Orange within ten (10) days of the date of this Resolution. PASSED, APPROVED AND ADOPTED this 3rd day of March —r 1981 , by the following vote, to wit: i AYES: councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: ATTEST: CITY CL�RK Mnnp -1- STJATI--, 01' CALff'')RINTA COUNTY OF ORANGE CITY OF SAN JUAN OISTRANO ss. 0 1, 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. 91-3-3-6 1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 'A,d day of March ( 1981 - (SEAL) MARY ANN/HANOVERI CITY CLERK STATE OF CALIFORNIA COUNTY OF ORANGE ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 79�2-21-7 and on the 6th day of March 1981 she caused to be posted: RESOLUTION NO. 81-3-3-6 being: COMPLETION OF TRUNKLINE SEWER RECONSTRUCTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRUNKLINE SEWER RECONSTRUCTION - VICTORIA STREET TO STONEHILL DRIVE in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The San Juan Hot Springs Dance Hall; The Orange County Public Library. 3� MARY ANN,4ANOVER, City Clerk San Juan Capistrano, California -2- Cr,'YTrACT C1'A'XF Change Order No. Date 1-15-81 Project No. 07-4770-708 Location Trunkline Sewer Reconstruction - Victoria St. to S -T f-nnp ii I I Dr. Beginning Contrale- Date 10-28-80 Contract Punount $ 166,105.00 Previous Change Orders $ .0 This Change Order Adjusted Contract TIME SCHFOULE: Total Cortract Days Amount Prior C.O.(s) Amount This C.O. Adjusted Contract Days New Date of Collyletion ACCEPTANCE: DATE: Accepted by: Cappe PwnsF-ruction Reconuendcd by: Mark Gibson, Ass't Civil Engr Approved by: W. D. Murphy, Director of Public Works Decrease in increase In No. Description of Changes Contract Price Contract Price Extra rock for bedding of pipe 4039.49 2 Remove concrete structures not shown on plans 1168;65 3 Protect new 96" RCP (to be reimbursed by developer) 7479.57 4 Dig through extra fill (to be reimbursed by developer) 5745.70 Change In Contract Price Due to This Change Order $ $ 18,433.41 Net Change In Contract Price $ $ 18,433.41 TIME SCHFOULE: Total Cortract Days Amount Prior C.O.(s) Amount This C.O. Adjusted Contract Days New Date of Collyletion ACCEPTANCE: DATE: Accepted by: Cappe PwnsF-ruction Reconuendcd by: Mark Gibson, Ass't Civil Engr Approved by: W. D. Murphy, Director of Public Works 0 CRANGE ORDER NO. 1 - TRUNK LINE SEWER RECONSTRUCTION, VICTORIA STREET TO STONEHILL DRIVE 1438) At the request of the Director of Public works, consideration 80) of this item was deferred to a later date. a/3 / 4z ( AGENDA ITEM February 3, 1981 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Change order No. 1, Extra Work - Trunk Line sewer Reconstruction, Victoria Street to Stonehill Drive (Cappello) SITUATION This item has been deferred to a later meeting as questions have arisen as to the items of work and obligations by American Savings & Loan Association. Respectfully submitted, �J. 1--� 0%�' W. D. Murphy WDM/rem FOR CITY COUNCIL AGENDA - -#- - - BIDS, CONTRACTS, AGREEMENTS AWARD OF -CONTRACT - TRUNF LINE SEWER RECONSTRUCTION, STONEHILL AND VICTORIA (CAPPELLO) (38) Written Communications: V(80) Report dated October 15, 1980, from the Director of Public Works, forwarding results of a bid opening held October 9th for the trunkline sewer reconstruction which will replace and increase the size of an existing portion of the City's land outfall sewer to the SERRA Treatment Plant. Award of Contract: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and una�imously carried to award the contract for the Trunkline Sewer Reconstruction to Cappello Construction Company, of San Juan Capistrano, in the amount of $155,305, and to reject all other bids. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. I -k 0 0 AGENDA ITEM October 15, 1980 TO: James S. Mocalis, City Manager PROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract - Trunkline Sewer Reconstruction- Stonehill Drive and Victoria Street SITUATION Staff is requesting that award of the contract for the Trunkline Sewer Reconstruction, Victoria Street to Stonehill Drive, be awarded to Cappello Construction Company. The project is intended to replace and increase the size of an existing portion of the City's land outfall sewer to the SERRA Treatment Facility. Bids were as follows: Canpello Construction Co. $155,305.00 Robert G- Castongia, Inc. $255,217.00 Clarke Contracting Corp. 191,925.00 G. R. Frost, Inc. 197,734.00 McGuire Construction, Inc. 258,285.00 FINANCIAL CONSIDERATIONS The low bid was $155,305.00 and sufficient funds are available and budgeted within the Sewer Enterprise Fund as the land outfall repair. ALTERNATE ACTIONS 1. Award the contract for the Trunkline Victoria Street to Stonehill Drive to Company in the amount of $155,305.00. 2. Reject all bids and readvertise. 3. Cancel the project. RECOMMENDATION Sewer Reconstruction, Cappello Construction By motion, award the contract for the Trunkline Sewer Reconstruction, Victoria Street to Stonehill Drive to Cappello Construction Company in the amount of $155,305.00 and reject all other bids; authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. Respectfully submitted, UIN6� W. D. Murphy� WDM:GML/rem FOR CITY COUNCIL AGENDA -#v— ... 141 14 G -- :2 -u si)gq. 0 cT 9. 19'W a: 0 0 P. Im. W lo�A IDDER AMOUNT 45 rra.�11�r,3 ?r -r-6'18 I oAo �p- I o a,, TENTATIVE CONTRACT AWARD OSPECIFICATIONS RAWING Lltjv/, DATE: lollARc- cow-<�Yq NAME Ab'DRESS PHONE j_L_aZ�jKLc !��t4N r -Le _I _q -tv )i -,4 -7 C) j -ns Poozayit4os cr 0 7-P-0 on. Os 0�:X- A 40 "w. - ----- -L-8 .-C)oonq -70 5 �� -A-9-A 3'0-70 140 0 40x--I—(gp( -- or 41C is -Tal -7 3 tvet�- 4G -02-1�460re� 1A 3 a-a.- (000dgu" Av-c It PROOF OF PUBLI*ON (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 years, and not 96 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 published .............. .... DAILY -1— ............................................. ---- 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, JIMO, 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 f Dllowing dates, to -wit: -S.eat ...... 2.6 ... a.n d .... O.c. t.o b.e.r ... 3 ................. .......... .. .... .. . .. .. .. .... 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 :�!d - clay of .— Oc . to . b er .............. . ........ —, 19 ....... 8.0 .... .... .. .... ;-* ..... t�.t Signature SAN CLEMENTE PUBLISHING CORP. 1542 North El Camino Real - P.O. Box 367 San Clemente, Calif. 92672 - Phone 714492-5121 This space * the county cows ru%x stmv RECEIVED &T t 0 54 AM '80 CII'T'CiF SAN iL � j P i �� T P, t� "--, Proof o ublication of NOTICE INVITING BIDS TO r,,W-Tnl Juan Capisbuo Vill I sealed oroposab orW6JWthe trunk line wwor'loosoltuc- tion — vieto*' �ftoef to stonehill Dr!" ift"111. WV�Jn. on the 9th day otOdbibet, ISO. A pre-bid conference Is scheduled at 1011 a.m. an the 6th d4y of October, M, nt the City offices to insist con. tractors. copies of Plans and Specifications an an rds in the Mee of the City aerk of San Juan'Capistrano, 31100 Pam Adelanto, 8" Juan Capistrano C 6mle, and �may be = at a non - Of 1980 NOTICE OF TRANSMITT;W LEGAL PUBLICATIONS TO: DAILY SUN -POST Helen Nielsen, Legal FOR PUBLICATION ON: DOCUMENT(S) TO BE PUBLISHED: PROOF OF PUBLICATION: FRIDAY, SEPTEMBER 26, 1980 and FRIDAY, OCTOBER 3, 1980 NOTICE INVITING BIDS - TRUNK LINE SEWER RECONSTRUCTION - VICTORIA STREET TO STONEHILL DRIVE Please send to: office of the City Clerk City Ha'1 32400 Paseo Adelanto San Juan Capistrano, CA AUTHORIZED BY: ,I DAT13: September 24, 1980 .Date of Date(s) notice published Date affidavit received Date notice posted in designated posting places (3)_ Date notice(s) posted on property Date of mailing notices to property owners 92675 , , . 4 0 NOTICE INVITING BIDS TRUNK LINE SEWER RECONSTRUCTION - VICTORIA STREET TO STONEHILL DRIVE Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the trunk line sewer reconstruction - Victoria Street to Stonehill Drive UHUtil 2tOO P.M. on the 9th day of October 1 1980 - A pre-bid conference is scheduled at 10:00 a.m. on the 6th day of October 1980 , at the �ity 'offices to assiTt -contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at a non-refundable charge of $10-00 , plus a $5.00 charge for postage and handling on ail plans and specifications mailed. Dated: September 24, 1980 TY CITY OF !!rAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA 2. APPROVAL -OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS fR U -NK L I N ­E.S EET TO A'�05—NOI—ILL DRIVE)_ IJ(38 Written communications: (80) Kepot —dtd,\agust 20, 19SO, from the Director Of Public Works advising that a City sewer trunk line adjacent to the SERRA Treatment Plant has been damaged by hydrogen sulfide and that a budgeted program repiacement is being undertaken; that an agreement has been entered into between the City and the developer of adjacent property for lowering of the sewerline. The report further advises that SERRA is pursuing legal action against the developer due to flooding of the Treatment Plant and that concern has been expressed regarding the City's intent to proceed with the project. The project cost is estimated at $176,000; $180,000 has been budgeted. The developer's contribution is less than $3,000; however, if the cost exceeds the budgeted amount, the developer will pay the excess. Approval of Plans/Call for Bids: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the plans a.id specifications and to authorize staff to advertise for bids for the trunk line sewer reconstruction, Victoria Street to Stonehill Drive. Ab AGENDA ITEM August 20, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public works SUBJECT: Approval of Plans and Specifications and Authorization to Call for Bids - Trunk Line Sewer Reconstruction, Victoria Street to Stonehill Drive SITUATION Staff is requesting authority to advertise and receive bids for the trunk line sewer reconstruction adjacent to the SERRA Treatment facility. The existing line has suffered damage from hydrogen sul- fide and a budgeted program for replacement is being undertaken. American Savings and Loan Association is developing property adjacent to the City's sewer easement and needs to place fill over the line. Staff desires to affect the replacement of the pipe prior to the fill being placed. The City has entered into an agreement with the developer to carry out this desire. The City will pay for the pro- ject as originally perceived, and the developer shall finance con- struction necessary, due to the increased depth of the pipe. At this time SERRA is pursuing legal action against the developer's project due to flooding of the plant last winter. SERRA's attorney has expressed concern regarding the City's intent to proceed with the project. Staff interprets that the intended project is the conducting of a standard budgeted project that is not related to the development of the adjacent property or the legal action being pursued by SERRA. FINANCIAL CONSIDERATION The project cost is estimated to be $176,000. The necessary contri- bution by the developer is less than $3,000. If the project costs exceed the budgeted amount of $180,000, the developer shall pay any costs that exceed this limit. ALTERNATE ACTIONS Authorize advertising and receipt of bids for trunk line sewer reconstruction, Victoria Street to Stonehill Drive. Do not authorize advertising and receipt of bids. 3. Require a modification of the agreement. FOR CITY COUNCIL AGENDA 4 I Z_ Trunk Line Sewer Victoria Street August 20, 1980 Page 2 0 0 Reconstruction, to Stonehill Drive By motion, authorize advertising and receipt of bids for trunk line sewer reconstruction, Victoria Street to Stonehill Drive. Respectfully submitted, W. D. iurphy-I WDM:GML/pjs BID BOM KNOW ALL MEN BY 1IMSE PRESENTS lat we as Principal, and'. existil , ig ull"Ier The laws of the State of rJ7A1A7,Cfi-rJ' NA�TRSIICM P r i I I C i P a 1 0 f f i C L2 is located in the City of gA R T-rgx 1> —1 as surety are jointly and severally bound unto the CITY OF SA1'J JUA:� C.A.1115MINO of Orange COUllt', Calike4inia, in the sum of RI-Jel�-CA/r 62/' _r*167 DOLLA:ZS 0 /1) 0 lawful W-cy of tile united Stefftegs &��acrica to be P -lid to t said Cl`Y OF SAN JUAN CAPISTRIANO, for which payment well and truly to b!�madc, we bind ourselves, our heirs, successors,. executors, adminis- trators and assigns, jointly and severally, by these presents. T11E CONDITION Or 1111IS 013LIGATION is such th�A %q�hereas the Principal has submitted the accompanying bid dated tZet 1980 for the construction of UA�,wj_ I_4Aa- Sr;;r,4 lor the CITY OF SAN JUAN CAPISTFLANO, orall"o County, California. NOWt 'MErXFORE) if the Principal shall riot withdraw said bid within thirty (30) days after the opening of same, and shall within fifteen (15) days after the agreement has been presented to him for execution enter into a written contract with the City in accordance with tho bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfil2mcrit of such contract and for the protection of laborers and materi- almen, or in the event of the withdrawl of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time. specified, if the !'- incipal shall within sixty (GO) days after request by the City, pay the City the difference between the amoli-t specified in said bid and the amount for which the City May PrOCLIrC the requircd work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect., othorv,,ise to remain in full force and virtue. IN WITNESS MIEREOF the above -bounden parties have _expcuted this instrument under their several seals this day of g�j7�e,- 19-2v the name and corporate seal of each corporate pafty being aill-:ud hereto and those presents duly si.-i)cd by its undersigned reprpsentative pursuant to authority of its governing body. � - TVo Witnesses (if individual) I ATTEST (if corporation) Title Corporate Scal ATITST Title Corporate Seal .19 - i%%IS74LIe714�)4,� 117VC - PRINCIIIAL awl Title ATTOR M -11-FACT State of California SS. County of Los Angeles On this 9th - day of OCTOBER Arthur I Clement. Jr. 19LO, before me personally came to me known, who being by me duly sworn, did depose and say: that he is Afforney(s)-in-Facf of Covenant Mutual Insurance Company, the Corporation described in and which exiscufacl--the foregoing instrument; that he know(s) Aw,seal of, said Corporation; that the seaJ affixed to sai#-rn'sfrument is sucl, ffi d r i n rate seal; that if we" a ixe YF Trum 16�r , aws orpol 'a 6y, �Kdho glranili J-6 aws of A I rpoo ion, and that he sig ed h name y , Jmrlljlil�,accargAnce with the B �s I �IA Y� like UL�LIC ow'j I'X .... .. . .. (Notary Public) S April 30 19K, . .. . ...... 0 COVEN* MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENT& That COVENANT MUTU A L I NSUR A NCECOM PAN Y, a corporation of the State of Connecticut, does hereby make, constitute and appoint ARTHUR J. CLEMENT JR. its true and lawful Attorney (s) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as 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 PTOVisions 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 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 it under seal to evidence such seal by physical im. pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall bevaiid 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 oblication in th. n-',- ­­ — -­ I I . .. 0 .0 COVENANT MUTUAL INSURANCE COMPANY Bond No. 011411 Initial premium charged for this bond is CONTRACT BOND —CALIFORNIA 11. np$4. 011 subject to F FAITHFUL PERFORMANCE — PUBLIC WORK adjus on completion of contract at applicable rate on final contract price. KYO W ALL MEN B Y THESE PRESENTS, That of30821 Malaspina Roadl, San Juan Capistranb—, Ca. —92675— as Principal, and the COVENANT MUTUAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto San Juan Capistrano 19ann pAcian Adpl­— San Juan Capistrano, Ca. 92675 in the sun, of One hundred titty tive thousand tKree hundred five & no1100 --------- ------------------------------------------------------ Doflars($ for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a Contract, dated_ 19_, with the Citly of San Juan 14 to do and perfoKst=wing work, to -wit: Trunkline Sewer Reconstruction Stonehill Drive & Victoria St. (Land Outfall Repair) NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 20th day of November ',980 Cappello Construction, Inc. — Principal By k L7— Arthur J—.ClementJJr. State of California ss. County of Los Angeles On this 20th — day of November — . 19 80, before me persona I ly came to me known, who being by me duly sworn, did depose and say: that he is Afforney(s)-in-Facf 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-g-panfecl to him inaccorclance with the By -Laws of the said (�orporafion, and that he signed his name :)t, �NLZ Lj t UU.J. Y (Notary Public) I COMMiS�1011- ExDire- Apr. 27, 1984 0 COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Arthur J. Clemnt Jr. its true and lawful Attarney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog. nuances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertaking$, Tecognizances, 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-lawt 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, uthority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly ppointed 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 it under seat 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 arid hold on March 12. 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if aseal 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 a,ly power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or othr, of- "'h 9 0 COVENANT MUTUAL INSURANCE COMPANY Bond No. 011411 CONTRACT BOND —CALIFORNIA PAYMENTBOND KNOW ALL MEN BY THESE PRESENTS, That we, C ppPjjn romtruCtirm Tnr- 30821 Malaspj-- D-�A 'Z�� I and the COVENANT MUTUAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto -San jijan Capistrano , as Obligee, in the sum of Onp hiintirpri fifty fivp tho-mand three hundr-ad fil,fe & A()jj0Q ---------------------------------- Dollars($ I -q5- 0.5-0n for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a contract, dated day of_, 19 with the Obligee to do and perform the following work, to -wit: Trunkline Sewer Reconstruction Stonehill Drive & Victoria St. (Land Outfall Repair) NOW, THEREFORE, if the above -bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld and paid over to the Franchise Tax 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 20th day of NOVenber , 19 -8(L- No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. Arl Cappe110 Construction, Inc. Principal State of California County of Los Angeles 5s. On this 20th day of November — , 19 806efore me personally came IAIUJUF j. VeMeFft' jr. to me known, who being by me duly sworn, did depose and say: that he is Afforney(s)-in-Fad 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 if was so affixed by authority granted to him in accordance with the By -Laws of the said orporation, and that he signed his name (Notary Public) Commi,s nn Apr. 27, 19L;! 0 COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN aY THESE PRESENTS; ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Arthur J. ClIettlent Jr. its true and lawful Attornev(sl-in-Fact, with full power and authority, for and on behalf of the Company at surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof. as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney (sl -in- Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any 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 it 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 duty 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 a ttorneys-i n- 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 oricinal tinnatlira �f such officer and the orinin-1 ".i �i k. r----- SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF TRUNK LINE SEWER RECONSTRUCTION VICTORIA ST. TO STONEHILL DR. CITY COUNCIL GARY L. HAUSDORFER, MAYOR ANTHONY BLAND PHILLIP R. SCHWARTZE LARRY BUCHHEIM KENNETH E. FRIESS W. D. MURPHY DIRECTOR OF PUBLIC WORKS SEPTEMBER 1980 % TABLE OF CONTENTS Contract Documents Notice Inviting Bids Bid Proposal Non -Collision Affidavit to Be Executed by Bidder and Submitted with Bid Designation of Sub -Contractors Instruction to Bidders Contract Bid Bond (Sample) Faithful Performance Dona (sample) Labor and' Material Bond (Sample) Special Provisions Page 4 7 10. 16 19 20 21 23 I IMUCTIOIN TO BMD.ERS 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 T�c bidder is required to examine the site of work, the proposal, the plans and the specif-ications 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 progr ess of the vbrk. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. Interpretation of nrawin�,s and Documents If any bidder should find discrepancies in, or omission from, the drawings, specifications or other proposed contract documents, or if he should b; in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Enaincer 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 Engincer discovers errors, I I 0 omissionss or points requiring clarification in the drawings or documcn*tss a written addendum will be mailed to each person to whom a set of eontract docu ments 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 persons firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unlcs_,� alterna to bids are called for. A persons firm -,r cor- poration who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified fr'om submitting a bid in his �wn behalf Bids to receive consideration shall be in accordance with tho, followin.- instructions: A. Bids shall be made only upon the forms provided'within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures, the words shall govern. -11- 4 � I I I I 13. All prices and notations must be in ink 0 typew*rittcn. No erasures will be permitted. Mistakes may *be crossed out and corrections typed or written in ink adjacent thcreto and mus t bo initialed in ink by the person or persons signing the bid. C. Bids shall not cont�in any recapitulation of the work to be done. Alternate proposals will not be considered except as required hercinabove. 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 responsiblity, technical ability, equip - vent and references properly and fully filled out. R. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the pro- -Visions of the specifications. Each bidder must accompany h is 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 ton (10) .?ercent of the aggregate s-im of th6 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 refusa'l or failure to exectite 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 Ahe bidder shall fail to execute said contract, said surety will pay to the City the damages whicli the City may suffer by reason of such failure, not exceeding the sum of ton (10) percent of the amount of the bid. A bid received and not accompanied by such ' cashier's check, certified check or approved bond shall be rejected. 0 -G. Bids shall be Pivcred to the City at t1accation stipulated, on or before the day and hour set for the.opcning of bids, as hereinbefore specified in the "Notice Inviting Bids." Bids shall be enclosed in a scaled envelope bearing the title of the work and the name of the bidder. Licensing o; Contractor All persons, firms, partnerships or corporations shall be lic*cnsccl in accordance with the Bu-�iness and Professions Code of the.State of California and the applicable' ordinances of the. City an'd County before doing any work of any . kind. Withd-rawl of Bids Any bidder may withdraw his bid in person or by written irequest at any time prior.*t.o the sch,eduled closin.g 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 Ynviting Bids." Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids KO bidder may withdraw his'bid for a period of forty-fi ve (45) days after the date set for the opening of bids. Th e con- tract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set fqr the openin.- of bids. The contract for the work will be awarded to the lowest responrible bidder complying with these instru ctions 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- I I The bidder to w om the award is made shal0executo a written contract with the City and furnish the stipula.ted bonds and bid breakdown within fifteen (15) days after the notice of award of contract. The contract shall be made in the form adopted by the City. The release of the successful bidder's surety deposits as previously stipulated, shall be made upon the City's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. If the bidder. to whom the award is made fails to enter the c . ontract a:z, herein I provid . ed, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder �hall fulfill every stipulation er�braced herein, as if he were the party to whom the first award'was made. A corpora- tion to which an awar'd is made shall furnish evidence of its corporate exi . stence and evidence that t -he officer signing the contract and bonds for the corporation is duly. authorized to do so* Bonds The success . ful bidder, simultaneous*ly* with the execution of tfic Agreement, will be required to furnish a Labor and Material -Bond in a sum not less than one hundred percent (10OLN') 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 (100IM') of the amount of the contract. Said bonds shall be secured from a surety c ompany satisfact cry to the City. Surety companies, to be acceptable to the City, must be authorized to do business in the State of Califqrnia and be on the accredited list of the United States Treasury. Time of Performance The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently prosecuted until completion. A time limit of .14- I . 11 I li I I I I I 11 ( 45 ) calcndar days from the date of execution of the contract has been sot for completion of the work. The Biddler's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages. Assirnment of Contract 110 assignment by the Contractor of any contract to be Ontored int o hereu . nder or. any part thereof, or of funds. to 'Lie received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval of tho awardin.- authority and the -surety has -been given notice of such assignment in writing and has consented thereto in writing. Workmen and Wa--cs Attention is specifically directed to all-prpvisions of the Labor Code of the State of California with re.-ard 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 thc toNotice Invitin.- Bids.,, -Buildinz 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. 4 d I I I I I I I 1.1 I i I I I I I I i SECTION 3 SPECIAL PROVISIONS 1. Work to be Done The work to be done consists of the reconstruction of an existing 21 inch sanitary sewer line along San Juan Creek and all appurtenant work as shown on the plans and defined in the specifications. 2. Standard specifications The contractor shall perform his work in accordance with the Standard Specifications for Public Works Cons truction, as last revised, hereinafter re±crrea to as the Standard Specifi- cations. The contractor shall maintain a copy of this �ook on the job site at all time. The provisions of the Standard Specifications shall be modified as' indicated below; Change 1: "Section 2-4 - Contract Bonds" The "Payment Bond" (Material and Labor Bond) shall be in the amount of 100 percent of the contract price. The "Faithful Performance Bond" shall be hold as assurance cf quaranteed performance forla period of one I-pz.r after acceptance of the improvements by the City Council. Change 2: "Liability insurance" The amourits and provisions of insurance arc modificd 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 aggragate opetations 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 ve-hicles used or maintaincd by him, whether on or off the premises, with liability limits of not less than $500,000, for any one person, and $500,000 for any one accident, and property damage of $500,000. -The insurance amounts set forth herein are the minimum amounts required by the City. Other agencies with which the contractor may be involved in the accompli-hment of the work may require greatc'r amounts. -23- Ul I . I The city will not rec - ognize any claim fo�r additional com- pensation because of the requirement for greater amounts of insurance, as an element to be considered by the con- tractor in determining his bid. Change 3: "Section 8 - Facilitie!j For Agency I;crsonncl'# Delete this section. 3. Tcrm�'. Dcfine� Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City Departments or persons shall be intended: AGENCY shall mean City of San Juan Capistrano wherever appropriate. BOARD shall mean the City council of the City of San Juan Capistr,ano. ENGINEER s hall mean City Engineer or other person(s) designated by same. 4. Flow and Acceptance of Water Surface or other waters may be encountered at various time�, during construction. The Contractor, by submitting a ]bid, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accord- ingly. It shall be the sole responsibility of the Contractor to protect his work from danger due to any waters encountered. Should any damage to the work due to surface or other water occur prior to acceptance of the work by the City, the Contractor shall repair such damage at his expense. 5. Wator Water will be available from the Orange County Waterworks District 44. Arrangements for temporary construction water service permit and water service may be made by coptacting Orange County Waterworks District #4 at (714) 493-1515 one week prior tc need for service. All water facility construc- tion shall conform to the "Standard Specifications, O.C.W.D. W and "The Uniform Plumbing Code, 1973." The cost of the water, permit, transporting and applying said water is included in the unit' bid prices for the various items of work to be done. Includod shall be full compensation for furnishing all labor, materials, tools and equipment and for performing all the work necessary to develop a sufficient water supply and applying the water. .24- 6. Insurance and Overhead Costs The Contract.or shall receive no direct compensation for insurance and overhead (move -in costs for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. 7. Protection of Existing Utilities The Engineer has endeavored to show all existing utilities. The Contractor must, however, take all due precautionary measures to protect all of the existing utilities. 8. Protection of Private Property The Contractor must remain within the construction zone to the best of his ability. The contractor must protect all existing pri- vate property. 9. Soil Report A copy of the Preliminary Geotechnical Investigation Report for the adjacent Tract No. 9686 is available for review at the office of the City Engineer. 10. Protection of Public Property The Contractor shall be required to protect in place the existing A.C. Bike Trail within the Orange County Flood Control District Right - of -Way. The Contractor shall provide safe passage along the existing bike trail or if not possible, a paved detour approved by the City Enginee.- shall be provided. 11. Permits The Contractor shall acquire all necessary permit(s) from the County of Orange Flood Control District and a permit and bond, in the amount of $50,000, to the South East Regional Reclamation Authority for protection to their existing truck line sewer. -25- SPECIAAROVISIONS OF ITEMS OF .. WOAND METHOD OF PAY �EZNT BID ITEM 1: 24" VITRIFIED CLAY PIPE The workmanship and materials included in the work prescribed for bid Item I shall be in conformance with the provisions of the standard specifications for Public Works Construction, 1976 edition as last revised and the Special Provision for the construction of sanitary"sewers of the.City of San Juan Capistrano. The Contractor shall furnish and place the 24" V.C.P. sewer to the line and grades as shown on the plans or staked in the field. Excavation, bedding, compacted backfill within the excavated trench and all other related items of worjc 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 Ccntsactor's responsibility and included in the unit price bid. If the bike trail must be detoured during construction, such detours . shall be paved and renain cpen at all tinies. The cost of such shall also be included in the unit price bid. PAYMENT The unit price per linear foot for the Item "24 inch V.C.P. Sewer" shall include all labor, materials, tools and equipment for t'he placement of the 24 inch V.C.P. sewer and no additional compen- sation will be made therefor. BID ITEM 2: 60" SET -TER MANHOLE The workmanship and materials included in the work prescribed for Bid Item 2 shall be in conformance with the provisions of the Standard Specifications for Public Works Construction. 1976 Edition as last revised and the Special Provisions for ihe 66nstruction of Sanitary Sewers of the City of San Juan Capistrano. The Contractor sha'll furnish and construct 66" sewer manholes to the lines and grades as shown on the plans or stake in the field. All removals of interfering portions of the existing sewer lines shall be to the satisfaction of the Engineer and are included in the unit price bid. -26- to PAYMENT The unit price each for the Item "60 Inch Sewer Manhole" shall include all labor, materials, tools and equipment for the construc- tion of the 60 inch sewer manholes and no additional compensation will be made therefor. BID ITEM 3: CONNECTION OF EXISTING DOUBLE 10 INCH SEWER The workmanship and materials included in the work prescribed for Bid Item 3 shall be in conformance with the provisions of the Standard Specifications for Public Works Construction. 1976 Edition as last revised and the Special Provisions for the Construction of Sanitary Sewers of the City of San Juan Capistrano. The Contractor shall perform this connection to the satisfaction of the Engineer. Removals of all interfering portions of the existing double 10 inch sewer line shall be to the satisfaction of the Engineer and are included in the lump sum amount. PAYXENT The lump sum price bid for the Item "Connection of Existing Double 10 inch Sewer" shall include all labor, materials, tools and equipment for the connection of the existing double 10 inch sewer and no additional compensation will be made therefor. BID ITEM 4: REMOVE EXISTING SEWER MANHOLE AND PLUG LINES The workmanship and materials included in the work prescribed for Bid Item 4 shall be in conformance with the Provisions of the Standard Specifications for Public Works Construction, 1976 Edition as last revised and the Special Provisions for the Construction of Sanitary Sewers of the City of San Juan Capistrano. The Contractor shall remove the existing sewer manholes to the top of the pipe and plug sewer line to the satisfaction of the Engineer. The Contractor shall remove from the site all undesirable materials resulting in the removal of said manholes and dispose of them in a manner meeting the approval of the Engineer. This item of work shall include the removal of the most down -stream sewer manhole at Station 25 + 36.22 for reconstruction purposes. -27- Sectior� 1 2 3 4 7 8 Bid Item I Bid Item 2 Bid Item 3 Bid Item 4 SPECIAL PROVISIONS INDEX Title Work to be Done Standard Spccifications Terms Defined Flow and Acceptance of Water Water Insurance and Overhcad Protection of Existing Utilities Protectir,n of Private Property SPECIAL PROVISIONS OF ITEMS OF WORK AND METHOD OF PAYMENT 24" Vitrified Clay Pipe 60" Sewer Manhole Connection of Existing Double 10" Inch Sewer Remove Existing Sewer Manhole and Plug Lines . . I