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