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1985-1001_CAPPELLO CONSTRUCTION CO_Contract EXEMPT Bi-382918 C11 RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano City Clerk ' s Department 32400 Paseo Adelanto Mary Annnover, City Clerk San Juan Capistrano, CA 92675 City of an Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Cappello Construction, Inc. , 30281 Malaspina Road, San Juan Capistrano, California, 92675 , for the performance of the following work: CONSTRUCTION OF THE DRAINAGE OUTLET TO SAN JUAN CREEK FOR THE SAN JUAN CAPISTRANO CITY YARD That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 1st day of October , 1985 , by Resolution No. 85-10-1-2 That upon said contract the Amwest Surety Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 1st day of October , 1985 . Mary AnnV,6nbver, City Clerk of the City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 1st day of October 1985 . RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA Mary Ann nover, City C a the City of San Juan Capp no i -2 12 PM OCT 7'85 A/OLfVLO ,offs t; . I CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and Cappello Construction hereinafter referred to as CONTRACTOR. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS : FIRST. CONTRACT DOCUMENTS . The contract documents shall be considered to include the Notice Inviting Bids , the Instructions to Bidders , the Proposal, the Bid Bond, the Non-Collusion Affi- davit, the Designation of Sub-Contractors , the Contract which is prepared for execution by the City and the Contractor, plans , specifications and special provisions , contract bonds , resolu- tions adopted by the City Council pertaining to the work, in- surance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material , equipment, transportation, and supplies neces- sary to perform and complete in good and workmanlike manner the construction of drainage outlet to San Juan Creek for San Juan Capistrano City Yard in strict confor- mity with the Plans , Specifications and all other contract docu- ments , which documents are on file at the Office of the City Clerk, City Hall , 32400 Paseo Adelanto , San Juan Capistrano, California . THIRD. PAYMENT. City agrees to pay , and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities , at the prices designated in bid proposal at the time and in the manner set forth in the Specifications . -16- FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be im- practicable and extremely difficult to fix the actual amount of damages , and loss sustained by City, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay City, as liquidated damages , not in the nature of a penalty, one hundred dollars ($100) a day for each day delayed; provided that extensions of time with waiver of liquidated damages , may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this con- tract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by City. The Performance Bond shall be for an amount of one hundred percent (1008) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and ac- ceptance. The Labor and Material Bond shall be for an amount of one hundred percent (1008) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidential to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifica- tions. CONTRACTOR agrees to pay City such sum as the Court may judge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgement in such action against CONTRACTOR is such action is determined in favor of said City. The required Performance and Labor and Materials Bonds and Bid Bond shall provide that the surety shall pay attorney ' s fees incurred by City in enforcing this agreement. -17- SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations , are on file in the offices of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB-CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the City and its elected and appointed officials as a names insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less that 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify and save harmless the City, its officers , agents, and employees from and against any and all claims , demands , loss or liability of any kind or nature which Lessor, its officers , agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons , damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this con- struction agreement. -18- 1 - . • i EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS . City is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of. law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipu- lation that eight (8) hours labor constitute a legal day' s work and CONTRACTOR shall, as a penalty to City, forfeit twenty-five dollars ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2 , of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent (s) of City, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN CAPI TRANO DATED: June 18 , 1985 g 5i2��12 Philli R. Schwartz yor ATTEST: CAPPELLO CONSTRUCTION Co trac or J✓t/1 -sy: l�4 � Q Mary Annanover, City Clerk Walter Cap llo APPROVED AS TO FORM: (1_7�_ Joh T R. Shaw, City Attorney -19- COMPLETION OF CITY YARD DRAINAGE TO SAN JUAN CREEK (CAPP_ELLO CONSTRUCTION) (C906 .30 As set forth in the report dated October 1, 1985 , from the Director of Public Works, construction of the City Yard Drainage to San Juan Creek was completed. The following Resolution was adopted: RESOLUTION NO. 85-10-1-2, COMPLETION OF DRAINAGE OUTLET TO SAN JUAN CREEK FOR SAN JUAN CAPISTRANO CITY YARD CAPPELLO) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE DRAINAGE OUTLET TO SAN JUAN CREEK . FOR THE SAN JUAN CAPISTRANO CITY YARD (CAPPELLO CONSTRUCTION, INC. ) The Resolution accepted the work as complete in the amount of $14,240 and directed the City Clerk to forward a Notice of Completion to the Orange County Recorder. Payment status was as follows: Total Project Cost $14 ,240 Less 108 Retention 1,242 Amount Due 12,816 Staff was authorized to make payment as indicated and to release the 108 retention 35 days after recordation of the Notice of Completion. AGENDA ITEM October 1 , 1985 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion, Final Report - City Yard Drainage to San Juan Creek (Cappello Construction) SITUATION: The construction of the City Yard Drainage to San Juan Creek has been completed to the satisfaction of the City Engineer and is ready for acceptance by the City Council and recordation of a Notice of Completion with the County Recorder. COMMISSION/BOARD REVIEW, RECOMMENDATION: Not applicable FINANCIAL CONSIDERATIONS: This project has been completed at the original contract price of $14 ,240. Funds are budgeted in account #06-4715-530 for this project. Current payment status is as follows: Total. Project Cost $14 , 240 Less 10% Retention 1 , 424 Total Due to Date 12 ,816 Previous Payment -0- Amount Due $12 , 816 ALTERNATE ACTIONS 1 . Accept the improvements. 2 . Do not accept the improvements. 3. Request additional information from Staff. --------------------------------------------------------------- --------------------------------------------------------------- RECOMMENDATION: By motion, adopt the Resolution determining that the work has been completed and declare the work to be accepted. Direct the City Clerk to forward a Notice of Completion to the County Recorder for recording. Authorize Staff to release the 10% retention thirty-five (35) days after recordation of the Notice of Completion. --------------------------------------------------------------- --------------------------------------------------------------- Respe ully submitted, aW /M. D. Mur WDM/BP:ol .,. `'1 f:; 'ti(.;rel fV\ .: .•�. attachment i • RESOLUTION NO. 85-10-1-4P COMPLETION OF DRAINAGE OUTLET TO SAN JUAN CREEK FOR SAN JUAN CAPISTRANO CITY YARD (CAPPELLO) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE j DRAINAGE OUTLET TO SAN JUAN CREEK FOR THE SAN JUAN CAPISTRANO CITY YARD (CAPPELLO CONSTRUCTION, INC. ) WHEREAS, on the 18th day of June , 1985 , the City of San Juan Capistrano entered into a contract with Cappello Construction, Inc. , for the construction of the drainage outlet to San Juan Creek for the San Juan Capistrano City Yard; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does resolve as follows: SECTION 1. That the work required to be performed by said contractor has been completed. SECTION 2. That the total cost of said work is in the amount of 14,240.00. SECTION 3 . That the work is hereby accepted and approved. SECTION 4. The City Clerk is directed to forthwith forward aNotice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED AND ADOPTED this lst day of October , 1985 PHILLIP . SCHWARTZE, MA ATTEST: r— CITY CLE7 -1- STATE OF CALIF*A ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 85-10-1-2 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 1st day of October , 1985 , by the following vote: AYES: Councilmen Friess , Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Hausdor£er (SEAL) MARY AN OVER, CITY CLERK -2- • • RECEIVED • a00 n kCl AUGPlease date, sign, and SAN J t pispJ 1�' 1 92675 MU � I 59 PM 85 return this copy to the City Clerk. N 17 . CITY CLERK DEPARTMEN'� CITY N 8!V, JUAN CV; " NOTICE TO PROCEED To: Walter Cappello Cappello Construction, Inc. 30281 Malaspina San Juan Capistrano, California 92675 Project: City Yard Drainage to San Juan Creek Amount of Contract: $14 ,240 You are hereby notified to commence work on the referenced contract on or before July 29 , 1985 , and shall fully complete all of the work of said contract within 30 consecutive calendar days thereafter. Your completion date is therefore August 28 , 1985 . The contract provides for an assessment of the sum of $100.00 as liquidated damages for each consecutive calendar day after the above established contract completion date that the work remains incomplete. Dated this 25th day of July, 1985. MARY ANN NANOVER, CMC City Clerk ACCEPTANCE OF NOTICE Receipt of the foregoing Notice to Proceed is hereby acknowledged by Walter Cappello, Cappello Construction, Inc. , this >- g' day of 1985. XBy Walter Cap o, Cappello Construction, Inc. 32400 PASSO^OB JUN 28 3 2s rM '85 SAN JUAV(CAPiSTRAi O, 1/k 92675 r CITYCCER� 'PHdN493i1 17,; r' QEP TM 4, 'J JUAN^ka "NJ ,•u' A 4JO June 20, 1985 Cappello Construction Company 30281 Malaspina San Juan Capistrano, California 92675 Re: Award of Contract - City Yard Drainage to San Juan Creek Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held June 18, 1985, awarded the contract for the City Yard Drainage to San Juan Creek to your company at $14,240. I am enclosing Pages 18, 26, and 27 of the bid documents which cite the City's requirements for insurance. The City is to be named as an additional insured pursuant to the Standard Specifications for Public Works Construction. Also enclosed are pages 14, 17, and 22 through 25 of the bid documents which cite the City's requirements for bonds. Please note the bonds must be on the City forms. These requirements must be met as stated before the contract is effective. If you fail to furnish said bonds and certificates of insurance within 15 days from the date of this Notice, the City will be entitled to consider all your rights arising out of the City's acceptance of your bid to be abandoned and as a forfeiture of your Bid Bond. The City will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award. A fully executed copy of the contract will be forwarded to you when all documents are received. If I can be of any help to you, please do not hesitate to call. Thank you for your cooperation. Very truly yours, MARY ANN HVER, CMC City Clerk MAH/mac Enclosures cc: Director of Public Works Director of Administrative Services Rece`ip't. of the �fforegoing Notice of Award is hereby acknowledged: By WLA�XN kK / this day of ��j, HIE , 1985. AGENDA ITEM June 18 , 1985 TO: Stephen B. Julian, City Manager FROM: William D. Murphy, Director of Public Works SUBJECT: Award of Contract, City Yard Drainage to San Juan Creek SITUATION: The City Council approved funds in the 1984-85 budget to improve the area between the existing City Yard and San Juan Creek levee. The bamboo has been removed and the area has been filled and graded and is now ready for the final drainage works to San Juan Creek. COMMISSION/BOARD REVIEW, RECOMMENDATION: The project has been reviewed by the Environmental Review Board. FINANCIAL CONSIDERATIONS : The City has funds budgeted in Account #06-4715-53 for this project which is encumbered for the 1985-1986 budget. The Engineer ' s estimate for this work is $18 , 500. Only one bid was received which is as follows: Cappello Construction Company $14 ,240 ALTERNATE ACTIONS: 1. Award the contract. 2 . Do not award the contract. ------------------------------------------------------------------ ------------------------------------------------------------------ RECOMMENDATION: By motion, award the contract to the low responsible bidder, Cappello Construction Company, for the City Yard Drainage to San Juan Creek in the amount of $14 , 240. ------------------------------------------------------------------ ------------------------------------------------------------------ Respectfully submitted, L ui -A WDM/BP:ol 3 Premium Included . • Bond No/ 9003902 ;� f�N �Tv�►� C�t•c. LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS : That WHEREAS , the City of San Juan Capistrano , a municipal corporation of Orange County, California, has awarded to CAPPELLO CONSTRUCTION CO. , License No. 163569 , hereinafter designated as "Principal" , a contract for City of San Juan Capistrano ; and WHEREAS , said Principal is required to furnish a bond in connection with the said contract providing that if said Principal , or any of his or its sub-contractors, shall fail to pay for any materials , provisions , provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we CAPPELLO CONSTRUCTION CO. Principal, and AM WEST SURETY INSURANCE COMPANY , as surety are held firmly bound unto the City of San Juan Capistrano , a municipal corporation, in the penal sum of Fourteen thousand Two HundredDOLLARS 00 ($ *14,240.00* J , lawful money of therYte Wates of America, for payment of which sum well and truly to be made we bind ourselves , our heirs , executors , administrators and successors , jointly and severally, firmly by these presents . THE CONDITION OF THIS OBLIGATION is such that , if said Principal, his or its heirs , executors , administrators , successors or assigns , or sub-contractors , shall fail to pay for any materials , provisions , provender , or teams , or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1 , -24- STATE OF CALIFORNIA, COUNTY OF - _ ____ _ORANGE _ 66. On - July 17, 1985 _ _ __,before me a Notary Public, within and for the said County and State, personally appeared Joseph M. Panarisi , known tome(or proved tome on the basis of satifactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the FAR WEST INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the FAR WEST INSURANCE COMPANY thereto as Surety,and his own name as Attorney in Fact. \ OFFICIAL SEAL J - � L/"-2-� /� PAUL,1 M. MAURIZIO �`"---/� (� �/ HorAnr Rueuc NOTARY PUBLIC-CALIFORNIA j U 5 ORANGE COUNTY VS M Comm E i Y +pias Mvrch 27,1989 State of California On this the 24thday of July 1985— before me, SS. County of Orange Mary Ann Hanover the undersigned Notary Public, personally appeared Walter Cappello Cl personally known tome $,, proved tome on the basis of satisfactory evidence to be the persons whose names) i q subscribed to the OFFICIAL SEAL within instrument,and acknowledged that he executed it. MARY ANN NANOVER NOTARY PUBLIC -CALIFORNIA WITNESS my hand and official seal. ORANGE COUNTY MY comm. expires APR 20, 19IV 98 otary's Sig nAMr@r GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•Woodland Hills,CA 91364 As a part of the obligation secured hereby , and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees , including reasonable attorney' s fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change , extension of time, alter- ation or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obliga- tions or this bond, and it does hereby waive notice of any such change, extension of time, alterations or modifications of the contract documents or of work to be performed thereunder. Surety waives whatever legal right it may have to require that a demand be made first against the Principal paid in the event of default. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named, on the 17th day of July , 1985 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. CAPPELLO CONSTRUCTION CO. PRINCIPAL AMWEST SURETY INSURANCE COMPNAY SURETY B Y oseph M.Panarisi 4/85 —23— •ll� rorwe5t Insurance Compal AM P.O. Box 4500 Woodland Hitls,California 91365 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That FAR WEST INSURANCE COMPANY,A CALIFORNIA CORPORA- TION does hereby make, constitute and appoint JOSEPH M. PANARISI its true and lawful Attorney(sHn-Fact,with full power and authority for and on behalf of the company as surety,to execute and deliver and affix the seal of the company thereto if a seal is required,bonds,undertakings,recognizances or other written obligations in the nature thereof,as follows: CONTRACT, LICENSE, PERMIT, COURT & MISCELLANEOUS BONDS and to bind FAR WEST INSURANCE COMPANY thereby,and all of the acts of said Attorneys-in-Fact,pursuant to these presents, are hereby ratified and confirmed.This appointment is made under and by authority of the following provisions of the By-Laws of the company,which are now in full force and effect: Article Il,Section 7 of the By-Laws of FAR WEST INSURANCE COMPANY This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of FAR WEST INSURANCE COMPANY at a meeting duly held on July 28,1983: RESOLVED that the president or any vice-president,in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appoint. ment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney- in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that any bond,undertaking,recognizance,or suretyship obligation shall be valid and bind- ing upon the company (i) when signed by the president or any vice-president and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president or any vice-president or secretary or assistant secretary,and countersigned and sealed(if a seat be required)by a duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, under- taking,recognizance,or other suretyship obligations of the company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, FAR WEST INSURANCE COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be hereunto affixed this 2 St-;l day of June 19_$.5.._. • 'nd No.9003902 remium $427.00 FAITHFUL PERFORMANCE BOND NOW ALL MEN BY THESE PRESENTS : that WHEREAS , the City of San Juan Capistrano , a municipal corporation of Orange County, California, has awarded to CAPPELLO CONSTRUCTION CO. , License No. 163569 , hereinafter designated as "Principal" , a contract for City of San Juan Capistrano ; and WHEREAS , said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, WE, CAPPELLO CONSTRUCTION CO, as Principal , and AM WEST SURETY INSURANCE COMPANY as surety, are held and firmly bound unto the City of San Juan Capistrano, a municipal corporation of Orange County, California, in the penal sum of Fourteen thousand Two Hundred Forty -- DOLLARS ($ *14,240.00* ) , Lawful money of the United States of' America, for payment of which sum, well and truly to be made, we bind ourselves , our 4eirs , executors , administrators and successors , jointly and severally, firmly by these presents . THE CONDITION OF THIS OBLIGATION is such that, if the hereby bounden Principal , his or its heirs , executors , administra- tors , successors or assigns , shall in all things stand to and abide by and well and truly keep and perform all the undertakings , terms , covenants , conditions , and agreements in the said contract and any alteration thereof, made as therein provided, all within the time and manner therein designated and in all respects accord- ing to their true intent and meaning, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. -22- STATE OF CALIFORNIA, COUNTY OF__ ------Orange 65. On _July 17, 1985 before me a Notary Public, within and for the said County and State, personally appeared Joseph Panarisi , known tome(or proved to me on the basis of satifactory evidence)to be the person whose name is subscribed tothe within instrument as the Attorney in Fact of and for the FAR WEST INSURANCE COMPANY, and acknowledged tome that he subscribed the name of the FAR WEST INSURANCE COMPANY thereto as Surety,and his own name as Attorney in Fact. OFFIL'IAL SEAL � ` ' - .� +',,,;, NOYFRV PUBLIC-CALIFORNIA � � NOTARY VUluG �„',_' C:uINGE COUNTY OPINION d=n`O My Comm [npms Morc6 D,1989 State of California On this the24thdayof July 1985, before me, County of Orange � ss. Mary Ann Hanover JJl the undersigned Notary Public, personally appeared Walter Cappello personally known to me X proved to me on the basis of satisfactory evidence to be the (� OFFICIAL SECT, person)whose name i c subscribed to the MARY ANN MANOWGR within instrument,and acknowledged that he executed it. NOTARY PUBLIC - CALIFORNIA WITNESS my hand and official seal. ORANGE COUNTY My c6lnln. expires APR 20, 1988 ' otary'sSina � — GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.,Woodland 1401s,CA 91364 Division 5 , Chap• 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney ' s fee to be fixed by the court. This bond shall inure to the benefit of any and all persons , companies and corporations entitled to file claims under said act, so as to give a right of action ' to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time , alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the oblisyation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees , including reasonable attorney ' s fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 17th day of July 1985 , The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. CAPPELLO CONSTRUCTION CO. PRINCIPAL W.By . AMWEST SURETY INSURANCE COMPNAY SURET By osep anartsi ttorney-in-Fact ' B I D P R O P O S A L For the : ' Drainage Outlet to San Juan Creek for San Juan Capistrano City Yard From: CAPPELLh CONST CO Contractor ' To the Honorable City Council City of San Juan Capistrano ' Gentlemen: The undersigned, as bidder, declares that he has carefully t examined the location of the proposed work as described, examined the Plans and Specifications and General Conditions therefor, ' read the Instructions to Bidders, and is familiar with all pro- posal requirements , and hereby proposes and agrees , if the pro- posal is accepted, to complete the said construction in accordance ' with the Contract Documents , as defined in Section 1-2 of the Standard Specifications , in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of : Words Figures Said amount to include and cover all taxes , the furnishing ' of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools , ap- paratus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described ' and shown in the Specifications or the drawings for the work. If the contract is awarded, the undersigned agrees to enter ' into a contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of 45 calendar days. 1 -4- ' All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal , ' times the unit prices as submitted by the bidders . In case of discrepancy between words and figures , the words shall ' prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will ' be computed as indicated above and compared on the basis of corrected totals. ' The estimated quantities of work indicated in this pro- posal are approximate only, being given solely as a basis for ' comparison of bids . It is understood that the City does not expressly nor by implication, agree that the actual amount ' of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of ' the work or to omit portions of the work as may be deemed expedient by the Engineer. ' It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier' s check shall be returned to the undersigned within thirty (30) days. ' No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference ' between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal . Accompanying this proposal is C A5HiEP' 3 Q W K (insert cash" , cashier ' s check, certified check or bidder ' s bond, as the case may be) , in an amount equal to ' at least ten percent (108) of the total bid. -5- ' The following is the name and place of business of the surety company which will furnish the required bonds as ' surety if the work is awarded to the undersigned: ' Licensed in accordance with an act providing for the regis- tration of contractors -- License No. IL. S69 cyz A Signature of Bidder: AWriER ' (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co- partnera composing the firm: President, Secretary, Treasurer, ' and Manager thereof. ) — 30281 MALASPINA RD. ' Dated: Business Address ' I'I • 1413- IWO Telephone Number ' Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal , ' that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Wcri ' Dated: >; Ic- g5 LI2,JLIXM� Signl#ture of Bidder 1 H43- 4bs 1 ' Telephone Number 1 1 - ' -6- 1 • • 1 SCHEDULE OF WORK ITEMS 1 Item Approx. Work Item 'With Units Unit Price Total No. Quantity (Price Written in Words) (In Figures) Amount 1 1 . 53 L.F. Furnish and install 24" dia. R.C.P. D = 1500 for the unit price of aq934 1 dollars per lineal foot $-g0.00 $ 4,L40.00 1 2 . 1 EA. Construct junction structure type I per OCEMA Standard Plan 1 #310 with inlet type V per OCEMA Standard Plan #305 for the unit price of Tk,,,L 1 T k="" dollars per each. $ 3,000.00 $—Z,000,0 0 1 3. L. S. Remove and replace existing concrete lining. Construct barreled outlet per OCEMA ' Standard Plan #326 for the lump sum price of 1 dollars. $ 3,500.00 4 , L. S. Furnish and place rip-rap per -L 3900.0 1 OCEMA Standard Plan #326 $ 40088M&D 1 14-a'40,06 Total $ fa-Q o!o 1 1 1 -6a- i ' NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY ' BIDDER AND SUBMITTED WITH BID ' STATE OF CALIFORNIA 1 County of ss . Qigw'-'(ey , being first duly ' sworn deposes and says that he is � � J 2stC1;91}G of z4Lei. LLn OrYSTceo2 ,, , , , the party making the foregoing bid; that su h bid is not made in the interest of or on behalf of any undisclosed person, partnership, ' company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or any- one else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or ' indirectly, sought by agreement, communication or conference with any one to fix the bid price of said bidder or of any other bid- der, or to fix the bid price of or cost element of such bid price , or of that of any other bidder, or to secure any advantage ' against the public body awarding the contract of any one inter- ested in the proposed contract; that all statements contained in ' such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof , or divulged information or data relative ' thereto, or paid and will not pay any fee in connection there- with, to any corporation, partnership, company, association, ' organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as ' have a partnership or other financial interest with said bidder in this general business . 1 -7- 1 � � ' On this the /D day of 19 before me , the undersigned, a Nota y--Public in and for said 1 State, personally appeared 1 personally known to me/proved to me on the basis of satisfactory evidence , to be the person(s) whose name (s) --- subscribed to the within 1 instrument, and acknowledged that executed it. 1 WITNESS my hand and official seal.// 1 Notary Public in and for said State ,�,�., OFFICIIaL SE 1L MARY MAUK °a -- NOTARY PUBLIC - CALIr'OR NIA 1 .,.;�° ORANGE COUNTY aN^^'" My comm. expires JAN 22, 1988 1 1 1 i i 1 1 -8- DESIGNATION OF SUB-CONTRACTORS ' Submit with Proposal . In compliance with the Provisions of Section 4100-4107 of ' the Government Code of the State of California as amended, the undersigned certifies that he has used the sub-bids of the fol- lowing listed sub-contractors in making up his bid, and that the sub-contractors listed will be used for the work for which they ' bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications . It is understood and agreed that all those portions of the work called ' for in the contract documents for which a sub-contractor is not listed will be performed by the undersigned through his forces . ' If no sub-contractors are listed, all bonds and insurance will be written in the name of the general contractor only. ITEM OF WORK SUB-CONTRACTOR ADDRESS PHONE NO. ' 1. 2 . ' 3 ._ 4 . _ 1 5 . ' 6 . 7 . 1 8 . CAPtMLO CCN.ST Cb BIDDER' S NAME ` ' )O& l' AUTHORIZE9 SIGNATURE 1 -9- • B I D O P E i,I N G R E P O R T Bids opened June 10 , 1985 at 2 : 00 Xm Project Title Drainage Outlet to SJ Creek for City Yard Project Engineer Brian Perry Pre-Bid Estimate $18 . 500 Bid Bid Bidder: Amount Bond 0 1 . Cappello Construction --ri— Sao'% 2 . 3 . 4 . 5 . 6 . 7. 8 . 9 . 10 . CC: City Clerk ' s Staff (3) Signed . oniti , Public Works (3) City Manager (1) Dated dro, b��f The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. AFFIDAVIT OF PUBLICATION This space is for the County Clerk's Filing Stamp RECEIVED JUN S 1139 AH % CITY CLERK DEPARTNENi CITY 07 JUAN Ci,; STATE OF CALIFORNIA Proof of Publication of County of Orange I am a citizen of the United States and a resident of the NOTICE INVITING BIDS DRAINAGE OUTLET County aforesaid: I am over the age of twenty one years, ... ... .. .. ... . .. .. ... .. .. . .. . .. .. . . . .. .. . .. .. .. .. . . . . . . and not a party to or interested in the above-entitled matter. I am the principal clerk of the Capistrano Val- TO SAN JUAN CREEK FOR CITY YARD ley News,a newspaper of general circulation in the City of San Juan Capistrano, County of Orange, and which newspaper has been adjudicated to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, June 5. 1984, Case No. A-122949 in and for the City of San Juan Capistrano, NOTI County of Orange and the South Orange County JudicialSAN JUAN CMR C ARD District;that the notice, of which the annexed is a true zra�atuineMtlrealYtHe[9yotbistakoGlplk�M�ASrNe printed copy, has been published in each regular and ,u,ledp,opoWso.bfi,I *0draigapGOWtoN*Jumm,*W ftf** entire issue of said newspaper and not in any supple- city yardaanoxadr.JLontlNlNbdgefaune.I= - - ment thereof on the following dates, to wit: ApmbMeook issaMdtetyt160p&IL"0*3rddWofJ�, IM,st the City oftes to aaNst tiotroetom - Copias of Plias and SpeeMeatMkne are N Ne In OM 095M of the Cly. Clak of Baku JNa Capipraoo,32M Panne Adehatio.SMJwn Capptnno; CalifoM&Mdmybeobtaimdatino mbaftbNepvOetWALViNa ebara of$LVO ft N b iet Of F%A&W d 4peeirIC9 MniMlbf. May 23, 1985 Date*lfnalses MAY AhVftR CLUL o OF Fobllsbe@.CapbWno Valky.y/sw' .... I declare under penalty of perjury that the foregoing is No 14.2&IM sltq lure and correct. Executed at Mission Viejo, Orange County California,this .. ..23 . . dayof.——_19 ..85. .. . . . . .. . .. .. . .. .. . .. .. . . . Signature Capistrano Valley News 23811 Via Fabricante P.O. Box 3629 Mission Viejo, Calif., 92690 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Jody Kolar, Legal FOR PUBLICATION ON: THURSDAY, MAY 16 , 1985 and THURSDAY, MAY 23 , 1985 DOCUMENT TO BE PUBLISHED: NOTICE INVITING BIDS - DRAINAGE OUTLET TO SAN JUAN CREEK FOR CITY YARD PROOF OF PUBLICATION: Please send to: City Clerk' s Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 AUTHORIZED BY: � . r DATE: May 8 , 1985 Date of Bid Opening - 6/10/85 Dates) notice published - 5/16/85 & 5/23/85 Date affidavit received - Date notice posted in designated posting places (3) - 5/16/85 • i NOTICE INVITING BIDS DRAINAGE OUTLET TO SAN JUAN CREEK FOR CITY YARD Notice is hereby given that the City of San Juan Capistrano will receive sealed proposals or bids for the drainage outlet to San Juan Creek for the City yard until 2 : 00 P.M. on the 10th day of June, 1985 . A pre-bid conference is scheduled at 10 : 00 A.M. on the 3rd day of June, 1985 , at the City offices to assist contractors. Copies of Plans and Specifications are on file in the Office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at a non-refundable charge of $10. 00 , plus a charge of $5 . 00 for each set of Plans and Specifications mailed. Dated: May 8 , 1985 CITY CLE CITY OF AN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA N O T I C E I N V I T I N G B I D S Public notice is hereby given that the City of San Juan Capistrano will , up to 2 : 00 p.m. , on the 10th day of June 1985 , receive sealed proposals or bids for the Drainage Outlet to San Juan Creek for City Yard, in accordance with the approved plans and specifications on file in the office of the City Clerk of the City of San Juan Capistrano , California. Bids will be received until the time hereinbefore stated at the San Juan Capistrano City Hall , 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a pro- posal provided within these specifications . Each proposal or bid must be accompanied by a certified check, cash, cashier ' s check, or bidder ' s bond payable . to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier ' s check, or bidder ' s bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10 : 00 a.m. on the 3rd day of June , 1985 , at the City offices . The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the plans and contract documents or specifications. It is the contractor ' s responsibility to be in attendance at this confer- ence to receive any information disclosed during the proceedings , for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions , explanations , or interpretation of the plans , specifications , and contract documents presented to the bidders in any manner. -1- The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Perfor- mance Bond equal in the amount of one-hundred percent (1008) of the contract price. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. A time limit of thirty (30) days has been set for the completion of the work, from the date of execution of the contract. BIDDERS ARE HEREBY NOTIFIED THAT, Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages , as determined by the Director of the State Department of Industrial Relations , are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of Plans and Specifications are on file in the office of the City Clerk of San Juan Capistrano , 32400 Paseo Adelanto, San Juan Capistrano , California. Copies of the plans and speci- fications for use in preparing bids may be obtained at the office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $10 , nonrefundable, is required for obtaining each set of plans and specifications . There will be a $5 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor' s License number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors . -2- This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this day of 222 CITY CLE CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA -3- AGENDA ITEM May 7 , 1985 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Plans and Specifications and Authorization to Call For Bids - City Yard Drainage to San Juan Creek SITUATION The City Council approved funds in the 1984-85 budget to improve the area between the City Yard and San Juan Creek levee. The bamboo has been removed and the area has been filled and graded and is now ready for the final drainage works to San Juan Creek. Plans and specifications have been prepared for this project and staff is requesting approval of the plans and authorization to receive bids. COMMISSION/BOARD REVIEW, RECOMMENDATION The project has been reviewed by the Environmental Review Board. FINANCIAL CONSIDERATIONS The City has funds budgeted in. Account 06-4715-530 for this project. The Engineer' s estimate for the work is $18 , 500 and sufficient funds are still available to cover this. ALTERNATE ACTIONS 1. Approve the project. 2. Do not approve the project. 3. Request further information from staff. ------------------------------------------------------------------ ------------------------------------------------------------------ RECOMMENDATION By motion, approve the plans and specifications for the City Yard Drainage to San Juan Creek Project and authorize the receipt of bids. Respectfully submitted, �64f V tyt W. Mu pY WDM:BP/rem CERTIFICATE Oa/18/1/89©F INSURANCE ISSUE DATE I 6 9 VV7 I PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS j NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, T.E .G . RISK MGMT. INS . SERVICES EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.O. BOX 2025-138 TUSTIN , CA 92680 COMPANIES AFFORDING COVERAGE COMPANY ?� I j LETTER A EBI - ORION GROUP CODE SUB-CODE COMPANY Ei fI INSURED LETTER _ COMPANY CAPPELLO CONSTRUCTION LETTER C -Q II 29831 MONARCH DRIVE COMPANYD v v SAN JUAN CAPISTRANO, CA 92678 LETTER w s COMPANY LETTER E m {� OVERAGES j THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD i I INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DDNY) DATE(MM/DD/YY) 1 GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ CLAIMS MADE OCCUR. PERSONAL&ADVERTISING INJURY $ C OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MEDICAL EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED _ ANY AUTO SINGLE $ LIMIT � j ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) I HIRED AUTOS BODILY NON-OWNED AUTOS INJURY $ (Per accident) GARAGE LIABILITY PROPERTY $ i DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION RN OF 294496 03/31/89 03/31/90 $ 2 , 000 (EACH ACCIDENT) AND $ 2 , 000 (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY 2 , 000 $ (DISEASE—EACH EMPLOYEE' OTHER I I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS ANY AND ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED. 0BRTTmat HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO EXPIF flON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 1 32400 PASEO ADELANTO MAIL_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN JUAN CAPISTRANO, CA 92675 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORI2 EPRESENTATIV ACORD 28.5 3/88 ©ACORD CORPORATION 1908 ac�:�i�e CERTIFICATL OF INSURANCE ISSUE DATE(MM/DDIYY) 04/1a/ss PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, CUMBRE , INC. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 101 N . 2ND AVENUE iUPLAND, CA 91786 COMPANIES AFFORDING COVERAGE COMPANY A I LETTER GOLDEN EAGLE CODE SUB-CODE ' COMPANY B INSURED LETTER i I CAPPELLO CONSTRUCTION LETTERNY C 29831 MONARCH DRIVE COMPANY SAN JUAN CAPISTRANO, CA 92678 LETTER D COMPANY E LETTER COVERAGES - I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COPOLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $ 2 ,000 61 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 1 , 000 CLAIMS MADE OCCUR. CCP 077877 03/31/89 03/31/90 PERSONAL&ADVERTISING INJURY $ 1 , 000 j X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1 , 000 FIRE DAMAGE(Any one fire) $ 50 E MEDICAL EXPENSE(Any one person) $ 5 AUTOMOBILE LIABILITY COMBINED ANY AUTO LIMTLE $ 11000 ALL OWNED AUTOS CCP 077877 03/31/89 03/31/90 BODILY NJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY NJURY $ E X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY I PROPERTY $ DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE $ $ I OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY AND $ (EACH ACCIDENT) $ (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY ' $ (DISEASE—EACH EMPLOYEE) OTHER I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS ANY AND ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO EXPIFA N DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 32400 PASEO ADELAN TO MAIL 3U DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN JUAN CAPISTRANO, CA 926,75 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ALITHOHI],R RE/SE AT1 Pr ACORD 25-S(3/88 ' CACORD CORPORATION 1988 � CERTIFICATE OF INSURANCE ausau Insurance Companies This is to certify that the insurance policies (described below by a policy number)written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. \/ Name and address of Insured " a Iq� I258 t . Producer No.: xa m t, `� ::aCappello Construction, Inc. Santa Ai 30281 Malaspina Rd. Place. 1-2-86` -, rn Date Issued: San Juan Capistrano, CA 92675 Region. Ana/14_. t tin m �o Kind of CoverageoO-* Expiration Dote Policy Number ** unless otherwise indicated, this policy affords full coverage under the Workers NO- I Compensation laws of all states(except states where coverage can be provided only by Workers State Funds,and Canada)and as designated in the policy and endorsements for Employers Compensation** 2 1 1-1-87 2017 02 034920 Liability. Limits of Liability Comprehensive 2 4-15-86 2026 04 034920 Bodily Injury Property Damage General Liability $ s Each Occurrence $ s VVU Each Occurrence special Man. Peril or500 Q�(] 100 �00 Trademark(Section II only) E Aggregate E Aggregate Products-Completed Operations: ❑ Included ❑ Excluded Single Limit E Each Occurrence Contractual-All Written Contract: ❑ Included ❑ Not Covered E Aggregate Owners', Landlords $ Each Occurrence $ Each Occurrence and Tenants'Liability $ Aggregate Con hactaal Liability -- $ Each Occurrence $ Each Occurrence Pesgnated Contracts $ Aggregate Only Single Limit $ Each Occurrence $ Aggregate Automobile Liability 2 4-15-86 12026 05 034920 $ Per Person ❑ All Owned Autos Hired and Nonowned Autos $ Per Accident 1 $ Per Accident ❑ Specified Autos Only Single Limit $600,000 Per Accident $ I'Lloo,owEach Occurrence Umbrella $ 1,000,000 Aggregate Products-Completed Operations Liability 2 4-15-86 2026 06 034920 $ 10,000 Retention blc- - l i3 Special Provisions/Locations/Specified Autos: City of San Juan Capistrano is an additional insured but only with respect to liability arising out of the following described job: Los Rios, Little Hollywood Sewer Connections If any policy described above is canceled during its term by the company, the company will mail notice ten (10) days before the effective date of such cancellation to the party named below. Anywhere in the United States of America, its territories or possessions or Canada. Notwithstanding any requirement, term o condition of any contract or other document with respect to which this certificate may be issued or may pertain, the Insurance afford- ed by the policy(policies)described above s subject to all of the terms, exclusions and conditions of such policy(policies)during the terms)thereof. *The entry of a number in this column means that the coverage is afforded by the company designated by the same number. Issued to: *Issued by 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company • I WAUSAU UNDERWRITERS INSURANCE COMPANY City of San Juan Capistrano 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY 32400 Paseo Adelanto 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU San Juan Capistrano, CA 92675 1. WAUSAU LLOYDS • Signed r �//�1 w Authorized Company Represe ar e 7-Bt (S)159% CERTIFICATE OF INSURANCE • .N o vausau insurance Companies This is to certify that the insurance policies (described below by a policy number)written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the covRFq1la"ded by any policy referred to herein. Dec 13 1 55 N '95 Name and address of Insured CITY CLERK. Dr'A?TrIF!+T F a Producer No.: 2581`''` Cappello Construction, Inc. 30281 Malaspina Rd. place: Santa Ana Dare Issued: 12-11-85 San Juan Capistrano, CA II I Region: Ana/LA L� J Kind of Coverage + Expiration Date Policy Number *+ Unless otherwise indicated, this policy affords full coverage under the Workers Compensation laws of all states(except states where coverage can be provided only by Workers State Funds,and Canada)and as designated in the policy and endorsements for Employers Compensation** Liability. Limits of Liability Comprehensive 2 4-15-86 2026 04 034920 Bodily Injury Property Damage General Liability $ 500,000 Each Occurrence $ 100 000 Each Occurrence Special rkScoMulti-Peril or Trademark(Section II only) $ 500 Aggregate $ Aggregate Products-Completed Operations: ❑ Included ❑ Excluded Single Limit $ Each Occurrence Contractual-All Written Contrcii ❑ Included ❑ Not Covered $ Aggregate Owners', Landlords $ Each Occurrence $ Each Occurrence and Tenants Liability $ Aggregate Contractual Liability- $ Each Occurrence $ Each Occurrence Designated Contracts Only $ Aggregate Single Limit $ Each Occurrence $ Aggregate Automobile Liability 2 4-15-86 1 2026 05 034920 $ Per Person KJ All Owned Autos X1 Hired and Nonowned Autos $ Per Accident $ Per Accident ❑ Specified Autos Only Single Limit $ 600,000 Per Accident $ 1,000,000 Each Occurrence Umbrella 2 4-15-86 2026 06 034920 $ 1 000 000 Aggregate Products-Completed Operations Liability s > $ 10,000 Retention Special Provisions/Locations/Specified Autos: City of San Juan Capistrano is an additional insured but only with respect to liability arising out of the following described job: Los Rios, Little Hollywood Sewer Connections If any policy described above is canceled during its term by the company, the company will mail notice ten (10) days before the effective date of such cancellation to the party named below. Anywhere in the United States of America, its territories or possessions or Canada. Notwithstanding any requiremem, term or condition of any contract or other document with respect to which this certificate may be issued or may pence, the insurance afford- ed by the policy(policies)dasaibed above is subject to all of the terms, exclusions and conditions of such policy(policies)during the terms)thereof. *The entry of a number in this column means that the coverage is afforded by the company designated by the some number. Issued to: *Issued by 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company 3. WAUSAU UNDERWRITERS INSURANCE COMPANY City of San Juan Capistrano 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY 32400 Paseo Adelanto 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU San Juan Capistrano, CA 92675 f. WAUSAU LLOYDS �q6o n Signed Authorized Company Represen1mosJ j 784 (5)155736 City of San Juan Capistrano Page 1 of RECORD OF BID DOCUMENTS Los Rios Area Project Title Little Hollywood Sewer Connections Project Engineer Brian Phone Extension 209 Pre Bid Date/Time Sept. 30, 1985 -10:00 AM3id Opening Date/TimeOct. 7, 1985 until 2:OOPM Engineer's Estimate$86,870.00 Amount Required per Set $ 10.00 plus Fee Deposit Must sets be returned? Yes No 5.00 for mailing Fee or .Deposit Documents Addenda Issued Date Firm Name & Address Name of Individual Amount Ca Ch Date Date # of Sets Set #s 1 2 3 4 5 6 sued (Street Address) Firm Telephone Rec'd Ret'd -Zlq /1 C�Cd�/SkV�T/CR /IJA� 1( P, 17 wc/ W ,6e6A.0iJAy��' /S, 60 x 4l, 117 f �erdah�lCC19 91a0V 0 4PPY�(-o OwsE . 493- 4&91� /OMAc-9SP,NA ftp ry11ULT1 �'-�1"1StYLlC�7b-r� `)')'�pX-I-� �hrJSm, C911 1.0311 No. Pople'K s+ . Sl0 9 ,g Oa4 ^'Se- `l abbg 6�4� C1 19--)c713 l P F P/� P ` 1T19n 10a� 63 p�G> w, (sw,(s ,p Steve.. 1,-1e14 de s f k10 C) 43 V/al � 1 tj l'� 4 36-537 8/0 /0/3/ CYLeG�GtL D�1.�Geue ,/if1 �� 3 *CERTIFICATE OF INSURANCE Wausau Insurance Companies This is to certify that the insurance policies (described below by a policy number)written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. Name andaddressof Insured I Producer No.: 2587 Cappello Construction, Inc. Place: Santa Ana 30281 Malaspina Rd. Date Issued: 7-16-85 San Juan Capistrano, CA 92675 Region: Ana/LA L Kind of Coveragecoo• Expiration Date Policy Number •s unless otherwise indicated, this policy affords full coverage under the Workers Compensation laws of all states(except states where coverage can be provided only by Workers State Funds,and Canada)and as designated in the policy and endorsements for Employers �ompensationR. Liability. Limits of Liability Comprehensive 4-15-86 2026 04 034920 Bodily Injury Property Damage General Labdlty $ 500,000 Each Occurrence $ 100 000 Each Occurrence Special Multi Print or ,grope II ec,m,.k(Sodeon II only)❑ $ 500,000 Aggregate $ 100,000 A to Products Completed Operations: JKI Included ❑ Excluded Single Limit $ Each Occurrence Contractuol-All Written Contracts: Rr Included ❑ Not Coveed $ Aggregate e ate Owners', Landlords' $ Each Occurrence $ Each Occurrence and Tenants'Liability - _ $ Aggregate Comractual LiablllyS Each Occurrence $ Each Occurrence Designated Contracts E Aggregate Only Single Limit $ Each Occurrence - $ Aggregate Automobile Liability 2 4-15-86 . 2026: 05 034920 $ Per Person IX All Owned Autos EX Hired and Nonowned Autos E Per Accident E Per Accident LA Specified Autos Only Single Limit $ 600,000 Per Accident $ 1,000,000 Each Occurrence Umbrella 2 4-15-86 2026 06 034920 $ 1 000 000 Aggregate Products Completed operanane Liability s > $ 10,000 Retention speciol Provisions/Locations/Specified Autos: Fix `, All Operations of Named Insured ,\V\V Job site: Drainage Outlet for San Juan Creek, CA If any policy described above is canceled during its term by the company, the company will notice ten (10) days before the effective date of such cancellation to the party named below. Arphere in the United States of America, its territories or possessions or Canada Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afford - ed_by the policy (policies)described above is subject to all of the terms, exclusions and conditions of such policy(policies)during the terms)thereof. *The entry of a number in this column means that the coverage is afforded by the company designated by the some number. Issued to: -Issued by 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company • 3. WAUSAU UNDERWRITERS INSURANCE COMPANY City of San Juan Capistrano 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY 32400 Paseo Adelanto 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU San Juan Capistrano,CA 92675 1. WAUSAU LLOYDS Signed . 0,P _ AutFarved Company Reprezemoti 7ar Is)1Z9J6 d. 10 ', do STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE July 17, 1985 638961-85 POLICY NUMBER: 6�1�86 CERTIFICATE EXPIRES: r City of San Juan Capistrano Building & Safety Department 32400 Paseo Adelanto San Juan Capistrano, California 92675 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the,insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. / ALL OPERATIONS RESIDENT EMPLOYER r Allan Hale Electric 33781 Mariana Drive, Suite 4 Dana Point, California 92629 L SCIF 10262(REV. 8-84) OLD 262A M � 0` .e'� ids ?+ +�r � C � �� \ Zl oP i0��'� 6 ��; o��' o i City of San Juan Capistrano Page 1 of RECORD OF BID DOCUMENTS ' Project Title Drainage Outlet to SJ Creek Project Engineer Brian Perry Phone Extension 209 Pre Bid Date/Time 6/3/85 @ 10: 00 a.m. Bid Opening Date/Time 6/10/85 @ 2. 00 P.M. Engineer's Estimate $18 ,500 Amount Required per Set $10. 00 Fee Deposit Must sets be returned? Yes No Add $5. 00 for each sett mailed Fee or De osit Documents Addenda Issued ate Firm Name & Address Name of Individual Amount Ca Ch Date Date # of Sets Set #s 1 2 3 4 5 6 Issued (Street Address) Firm Telephone Rec'd Ret'd �a r Lia b �3 /Yta105p'nand 93-vie (0/ -- '3 n �� I o00 3 MEMORANDUM July 24 , 1985 TO: John R. Shaw, City Attorney FROM: Brian Perry, Associate Civil Engineer SUBJECT: City Yard Storm Drain Sureties Attached are the sureties for the City Yard Storm Drain Contract from Cappello Construction Company for your approval. Please let me know if these are satisfactory so that we can proceed. &p BP:ol xc: City Clerk A�yr MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND ,( JM LAWRENCE F. BUCHHEIM jam~ 01R,...M KENNETH E. FRIESS mmmu t 1961 GARY L_ HAUSDORFER 1776 PHILLIP R. SCHWARTZE '/ • CITY MANAGER ` STEPHEN B. JULIAN August 30 , 198 Mr. Walter Cappellc Cappello Construction, Inc. 30281 Malaspina San Juan Capistrano, California 92765 Re: Award of Contract - Drainage Outlet to San Juan Creek for San Juan Capistrano City Yard Dear Mr. Cappello: The executed contract, required bonds and insurance for the Drainage Outlet to San Juan Creek for the San Juan Capistrano City Yard, awarded to your company by the City Council at their meeting of June 18 , 1985 , have been received in this office. Enclosed please find your Cashier' s Check No. 07491686 , in the amount of $1 ,500 .00 from The Crocker Bank, submitted as the bid bond for the above-mentioned project. Thank you for your cooperation. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH/cdc Enclosure cc: Director of Public Works Cashier' s Check No. 07491686 , in the amount of $1 ,500. 00 , from The Crocker Bank was received on the �/d/ay of �j �� — /qg,� , 1985 , by: � Y Walterappello, Chppello Construction, Inc. 92400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 Pay to the order of Walter Cappello, Cappello Construction , Inc. , without recourse City of San Juan Capistranc Mary Ann Aanover, City Clerk/ Deputy City Treasurer %Vlhl Crocker Bark 1220 07491686 1220 L,s Angeles,California Cashier's Check Date*JUNE 10 , 1985* PaYAWAlli * *CITY OF SAN JUAN* * * * * **�**1 , 500 . 00* * * * ** Order of - f I I�T '.. �� qln;. 1 � Dollars � 'I� � I i,. I . Crocker National Bank ,'U74Li 1,6136114 1: 1 2 200008 51: 9 L5750 281'' 40 k I 1 � • 1 CITY OF SAN JUAN CAPISTRANO 1 COUNTY OF ORANGE STATE OF CALIFORNIA 1 1 1 SPECIFICATIONS & CONTRACT DOCUMENTS 1 DRAINAGE OUTLET TO SAN JUAN CREEK FOR 1 SAN JUAN CAPISTRANO CITY YARD 1 1 1 1 1 1 ' CITY COUNCIL PHILLIP R. SCHWARTZE, MAYOR 1 KENNETH E. FRIESS ANTHONY L. BLAND LAWRENCE F. BUCHHEIM GARY L. HAUSDORFER 1 S. B. JULIAN CITY MANAGER 1 W. D. MURPHY DIRECTOR OF PUBLIC WORKS 1 MAY, 1985 ' TABLE OF CONTENTS TITLE PAGE ' CONTRACT DOCUMENTS Notice Inviting Bids----------------------- 1 ' Bid Proposal------------------------------- 4 Schedule of Work Items--------------------- 6a Non-Collusion Affadavit-------------------- 7 ' Designation of Sub-Contractors------------- 9 Instructions to Bidders-------------------- 10 ' Contract----------------------------------- 16 Bid Bond----------------------------------- 20 ' Faithful Performance Bond------------------ 22 Labor & Materials Bond--------------------- 24 SPECIAL PROVISIONS Work to be Done---------------------------- 26 Standard Specifications-------------------- 26 Terms Defined------------------------------ 27 Flow & Acceptance of Water----------------- 27 ' Water-------------------------------------- 27 Insurance & Overhead Costs----------------- 28 ' Protection of Existing Utilities----------- 28 Protection of Private Property------------- 28 Construction Zone-------------------------- 28 Permits------------------------------------ 28 ' Materials & Methods of Construction-------- 29 Encroachment Permit (copy) ---------------- 31 1 1 1 ' INSTRUCTION TO BIDDERS 1 Securing Documents Plans , specifications and other contract documents will be ' available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids" . ' Examination of Plans , Specifications and Site of Work The bidder is required to examine the site of work, the proposal, the plans and the specifications very carefully. He shall satisfy himself as to the character, quality and quantities ' of the work to be performed, the materials to be furnished and the requirements of the Contract Documents . The plans for the work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City or any of its officers or agents be liable for any loss sustained by the Contractor as a ' result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the ' work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omission 1 from, the drawings , specifications or other proposed contract documents , or if he should be in doubt as to the true meaning of ' any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the ' point or points in question. The person submitting such a re- quest shall be responsible for its prompt delivery . ' In the event that the Engineer receives such a request and it should be found that certain essential information is not ' clearly and fully set forth, or if the Engineer discovers errors , -10- ' omissions , or points requiring clarification in the drawings or documents , a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or ' interpretations of the documents presented to bidders in any manner other than written addendum. ' Addenda or Bulletins ' The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part ' of the contract documents and shall be returned with them. Be- fore submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders ' No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work ' unless alternate bids are called for. A person, firm or cor- poration who has submitted a sub-proposal to a bidder, or who has ' quoted prices on materials to a bidder , is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions : A. Bids shall be made only upon the forms provided within these ' specifications ; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures ; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures , the ' words shall govern. -11- B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. ' C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as ' required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. ' D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equip- ment and references properly and fully filled out. ' E. Each bidder shall list his proposed sub-contractors on the form accompanying the proposal in accordance with the pro- visions of the specifications . F. Each bidder must accompany his bid with either a cashier ' s ' check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not less than ten (10) ' percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City ' as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds . The bidder agrees that, in case of his refusal or failure to ' execute said contract and give bonds within the time required by these documents , such check or bond, and the money re- presented thereby , shall remain the property of the City and, if the bidder shall fail to execute said contract, said ' surety will pay to the City the damages which the City may suffer by reason of such failure , not exceeding the sum of ' ten (10) percent of the amount of the bid. A bid received and not accompanied by such cashier ' s check, certified check or approved bond shall be rejected. -12- ' G. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids , as ' hereinbefore specified in the "Notice Inviting Bids" . Bids shall be enclosed in a sealed envelope bearing the title of ' the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons , firms , partnerships or corporations shall be ' licensed in agcordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawl of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for re- ceipt of bids . ' Opening of Bid Proposals The City will, in open session, publicly open, examine and ' declare the bids at the time set forth in the "Notice Inviting Bids" . Bidders or their authorized representatives are invited ' to be present. ' Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of forty-five (45) days after the date set for the opening of bids . The con- tract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids . The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids" . The City, however, reserves the right to reject any or all bids and to waive any nonconformity ' in the bids received. -13- The bidder to whom the award is made shall execute a written contract with the City and furnish the stipulated bonds , insurance ' and bid breakdown within fifteen (15) days after the notice of award of contract. The contract shall be made in the form adopted ' by the City. The release of the successful bidder' s surety deposit, as previously stipulated (page 5) , shall be made upon the City ' s acceptance of the Labor and Materials Bond and the Faithful Per- formance Bond. 1 If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as ' if he were the party to whom the first award was made. A corpora- tion to which an award is made shall furnish evidence of its cor- porate existence and evidence that the officer signing the con- tract and bonds for the corporation is duly authorized to do so. ' Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (1000 of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent ' (1008) of the amount of the contract. Said bonds shall be secured from a surety company satisfactory to the City. Surety companies , to be acceptable to the City, must be authorized to do business in the State of California and be on the accredited list of the United States Treasury . Time of Performance ' The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently ' prosecuted until completion. A time limit of thirty -14- 1 0 ' ( 30 ) calendar days from the date of execution of the contract has been set for completion of the work. The bidder ' s attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages . Assignment of Contract ' No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be ' received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval ' of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. Workmen and Wages ' Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages . Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting Bids" . Building 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. 1 0 0 ' SPECIAL PROVISIONS 1 . Work to be Done The work to be done under this contract consists of the construction of approximately 53 lineal feet of 24" diameter storm drain, one junction structure, the removal and replacing of some reinforced concrete lining to the San Juan Creek Channel and the placing of some rip-rap. 2 . Standard Specifications The Contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, as last revised, hereinafter referred to as the "Standard Specifications. " The Contractor shall maintain a copy of this book on the job site at all times. The provisions of the Standard Specifications shall be modified as indicated ' below: Change 1 : "Section 2-4 - Contract Bonds" ' The "Payment Bond" (Material and Labor Bond) shall be in the amount of 100 percent of the contract price. The "Faithful Performance Bond" shall be held as assurance of guaranteed ' performance for a period of one year after acceptance of the improvements by the City Council. Change 2 : "Liability Insurance" The amounts and provisions of insurance are modified to be: ' Bodily Injury: $ 500 , 000 each person Bodily Injury: $1 , 000, 000 each accident Bodily Injury: $1 , 000 , 000 aggregate products ' Property Damage: $ 500, 000 each accident Property Damage: $ 500 ,000 aggregate operations ' Property Damage: $ 500 , 000 aggregate protection Property Damage: $ 500 , 000 aggregate products Property Damage: $ 500 , 000 aggregate contractual The Contractor shall likewise obtain public liability and property damage insurance to cover vehicles used or main- tained by him, whether on or off the premises , with liability ' limits of not less than $500 , 000, for any one person, and $500 , 000 for any one accident, and property damage of $500 , 000 . The insurance amounts set forth herein are the ' minimum amounts required by the City. Other agencies with which the Contractor may be involved in the accomplishment of the work may require greater amounts . -26- 1 ' The City will not recognize any claim for additional compen- sation because of the requirement for greater amounts of insurance, as an element to be considered by the Contractor ' in determining his bid. Change 3 : "Section 8 - Facilities for Agency Personnel" Delete this section. 3 . Terms Defined whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following ' City Departments or persons shall be interested: AGENCY shall mean City of San Juan Capistrano wherever appropriate. 1 BOARD shall mean the City Council of the City of San Juan Capistrano. ' ENGINEER shall mean City Engineer or other person (s) designated by same. 4 . Flow and Acceptance of Water Surface or other waters may be encountered at various times during construction. The Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accordingly. ' It shall be the sole responsibility of the Contractor to protect his work from danger due to any waters encountered. Should any damage to the work due to surface or other water I occur prior to acceptance of the work by the City, the Contractor shall repair such damage at his expense. 5 . Water ' water will be available from the Capistrano Valley Water District. Arrangements for temporary construction water services permit and water service may be made by contacting the Capistrano Valley Water District at (714) 493-1515 one week prior to need for service. All water facility con- struction shall conform to the "Standard Specifications" , Capistrano Valley Water District , and "The Uniform Plumbing Code" , 1982 Edition. ' The cost of the water, permit transporting and applying said water shall be included in the unit bid prices for the various items of work to be done. Included shall be full compensation ' for furnishing all labor, materials , tools and equipment and for performing all the work necessary to develop a sufficient water supply and supplying the water. -27- 6 . Insurance and Overhead Costs The Contractor shall receive no direct compensation for insurance and overhead costs. Accordingly, these costs should be prorated to the appropriate bid items. 7. Protection of Existing Utilities The Engineer has endeavored to show all existing utilities . The Contractor must, however, take all due precautionary measures to protect all of the existing utilities. 8 . Protection of Private Property The Contractor must remain within the construction zone to the best of his ability. The Contractor must protect all existing private property. 9 . Construction Zone ' Contractor shall protect property and facilities adjacent to the construction zone, and all property and facilities within the construction zone which are shown on the plans to be protected. After completion of project, the con- struction zone shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. ' In the event improvements of facilities are damaged, they shall be replaced with new materials equal to the original. ' Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street , way or parking area during performance of the contract work, and Contractor ' shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets , ways or parking areas. ' The Contractor shall be responsible for investigating con- ditions of available public and private roads and of clear- ances, restrictions and other limitations affecting transpor- tation and ingress and egress to the site of the work. 10 . Permits ' The City has acquired the necessary permit from the Orange County Flood Control District for construction of the storm drain. A copy of the Encroachment Permit is attached to these documents. The Contractor shall comply fully with the requirements of the permit and no additional payment shall be made. ' -28- SPECIAL PROVIDIONS OF ITEMS OF WORK, MATERIALS & METHODS OF CONSTRUCTION BID ITEM 1 - 24" Diameter R.C.P. , D = 1500 This bid item shall include the furnishing and construction of 24" diameter reinforced concrete pipe. Excavation may be all or in part through rip-rap material and the unit price shall include for this. The workmanship and materials included in the work prescribed ' for this bid item shall conform to Section 207 and 306 of the Standard Specifications. ' Payment The unit price for this item shall include all labor , materials, tools and equipment necessary for all exca- vation and construction as specified and no additional payment shall be made therefor. BID ITEM 2 - Junction Structure Type I with Inlet Type V This bid item shall include the furnishing and construction of ' junction structure type I per Orange County Standard Plan No. 310 with a grate assembly of inlet type V per Orange County Standard Plan No. 305 per the detail on the plans. H=3 . 35 ' , ' L = 4 ' , T = 8" . The workmanship and materials included in the work prescribed for this bid item shall conform to Section 200 and 306 of the Standard Specifications. Payment ' The unit price bid for this item shall include all labor, materials , tools and equipment necessary for all excavation, ' construction of the junction structure and inlet as specified and no additional payment shall be made therefor. BID ITEM 3 - Remove and Replace Existing Concrete Lining with ' Barreled Outlet This bid item shall include the removing of the existing rein- forced concrete lining at the joints shown on the plans. Joints shall be saw cut. The reconstruction of the lining shall include #4 bars at 12" o.c. both ways and the reinforced concrete barreled outlet per Orange County Standard Plan No. 326 . Rebar shall be lapped 30 diameters . All material removed shall become the property of the Contractor ' and its disposal shall be the Contractor ' s responsibility. ' -29- 1 • • The workmanship and materials included in the work prescribed for this bid item shall conform to Section 200 and 300 of the Standard Specifications. Payment The lump sum price bid for this item shall include all labor, materials , tools and equipment necessary for the removal and replacement as specified and no additional compensation shall be made therefor. BID ITEM 4 This bid item shall include the furnishing and placing of rip- rap per Orange County Standard Plan No. 809 to the extent shown on the plans. ' This bid item shall also include for the excavation of existing material. All material removed shall become the property of the Contractor and its disposal shall be the Contractor ' s responsib- ility. Payment The lump sum price bid for this item shall include all labor, materials , tools and equipment necessary for the ' excavating of existing material and the placing of rip- rap as specified and no additional compensation shall be made therefor. ' -30- U PUBLIC PAOPLORTY ENCROACMIAENT PERMIT COUNTY OF ORANGE oeslcruTEDPNONE: 834-34A$_ ENVIRONMENTAL MANAGEMENT AGENCY rO. 84-00689 FC Faiwreto make arcarWrienarorInspection prior REGULATION/PUSLK PROPERTY PERMITS $ee Validation tocommancemersotP~eause Shag VOID M„p��p��WEST E� '^sate Below ' tlrie Permit. SANTAANACAl1FOR1aAW701 DATE OR—P.O.BOX4OW SANTA ANA CA 92702 �tRA4e Special PHONIES:a3t-571e,33FU73 or 63-2e2a DATE ,'^`�¢'` OV15lOn "B" ' TMudrNyried deduas to he the Conant legal aarNr of pmpedy/fada0s affected by Bas per. PERMITTEE This perrnn shalt be nrHranreraefe. ___ FACILITY NAME NUMBER City of San Juan Capistrano Dept. Of Public Works, Engr. Div. San Juan Creek Channel L01 32400 Paseo Adelanto San Juan Capistrano, CA 92675 S1g coneedpareon Brian Perry Trepo allo. 4.93-1171 PERMITTED USE: use of caury property is hereby auBanzed as tow".subject to provisions on reverse 11araW and aU&d*d heroW: To install, operate and maintain a 24-inch RCP storm drain entry within County's San Juan Creek Channel right-of-way as shown on plans attached. County Project Work Order No. F68220 LOCATION OF WORK: ' San Juan Creek Channel UIS Trabuco Creek confluence. (City Yard) TBM 38-C2 CONSIDERATION: PamNt Fees S225.00 (CDF275) Suay None required TOTAL - $225.00 Check No. A 1466,4c: cash Receipt Das Trust Fund Invoice ' Pass paid by: Coo actor ' PERMITTEE'S ACCEPTANCE: COUNTY APPROVAL: Pamtlltse accepts permit and agrees to comply with and be bound by temp&wed. F69-62 (Sept. 23, 1969) INSPECTION AS IG Construction (834-3488) w/cc: OPS ,PERMITTEE SHALL COM ITH REGULATIONS PRINTED ON REVERSE SIDE OF PERMIT AND ATTACHMENTS NOT .FOR YOUR PROTECTION CALL ALL UTILITIES BEFORE STARTING PERMITTED USE -_---- �_.11CQ_ 1 STANDARD PROVISIONS 1 1. Perm ts issued by this Agency are pursuant to the authority vested by the Board of Supervisors for the County,of Orange.Orange County Flood Control District and Orange County Harbors,Beaches and Parka District,any one or all of which are hereinafter referred to as County. ' 2. Permittee agrees to save County, its agencies, districts, etc., including its officers, agents or employees,harmless from any and all penalties,liabilities or loss resulting from clams or court actions, arising directly or indirectly out of any damage or injury to persons or property by reason of the acts or omissions of Permittee,its agents, employees or independent contractors, in exercising any of the 1 . privileges herein granted or in consequence thereof. 3. Should any damage or injury to the County works occur,either through the acts of agents,servants or employees of Permittee or by any independent contractor of Permittee in the exercise of the rights 1 herein granted.Permittee shall immediately,upon the written demand of County,restore such works to the COndltiOn'Of same on the date of the occurrence of said damage or injury at Permittee's cost or expense.The question as to whether or not any Such damage or injury has been caused to the works shall be determined by the Director of the Environmental Management Agency and his determination 1 shall be final. 4. County reserves the fight unto itself to perform any work.upon any portion or all of the area covered by this permit. or to do any other work necessary at any time. Such work may be performed without 1 incurring any liability of any nature whatsoever to the Permittee.It is further understood and agreed that County reserves unto itself the rights of ingress over all or any portion of the subject area. 5. Neither this permit nor any of the rights herein granted shall be assigned without the prior written approval of the County. 6. By acceptance of this permit,permittee acknowledges and assumes all responsibility for compliance with requirements of other regulatory governing agencies including but not limited to zoning 1 regulations,applicable ordinances and laws.etc.,of the County of Orange,the State of California,or others having regulatory control over the use granted herein. 1 7. A copy of this permit and approved plans.it applicable,shall be maintained at the site of work and be shown to any authorized representative of the County or other regulatory governing agency upon request. 8. Concurrently with the processing of this permit application, permittee shall deposit fees and surety,if 1 required,in the amounts as specified. 9. No access or work shall be performed within County right-of-way without the full knowledge of assigned inspector,who shall be given not less than 24 hours advance notice of the initiation of permitted use 1 either by telephone,or by written notice delivered to this office during normal work days and hours.Said notice shall include the name and telephone number of Permmee's authorized representative responsible for coordination and supervision of the permitted use. 1 Permittee further agrees that all operations within County right-of-way shall be subject to the operations of County and other authorized persons and under the control and to the satisfaction of County inspector. 1 10. This permit may be immediately revoked for reasons in the best interest of the County Including violation of permit provisions or other applicable rules and regulations or for the creation of a nuisance upon notice given by the Director of the Environmental Management 1 Agency or authorized representative. In the event of such revocation, Permittee shall Immediately cease all operations and restore County right-of-way as directed by assigned Inspector. 1 1 1 COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY ' t +REGULATION/ PUBLIC PROPERTY Pa[ITS 6-60%68 SPECIAL PROVISIONS Perm it No. A. The granting of this permit is not an approval by the county of the adequacy or the method of providing for the drainage of the area. Permittee, successors or assigns shall be responsible for any work or action that may be required in the future to ' maintain, improve, correct or modify the tributary storm drain system. B. This permit shall become void in the event the use permitted is abandoned for a period exceeding one (1) year. C. No open cutting or removal of the county flood control channel section shall be permitted between October 15 and April 15, except under conditions and a timing schedule approved by ' the county. Permittee's contractor shall provide for the free flow of storm runoff in the flood control channel at all times and permittee ' agrees to assume full liability for any damage that may be caused by contractor's failure to do so. ' D. Permittee acknowledges its responsibility to carry or require its contractor to carry adequate workers' compensation, public liability and property damage insurance coverage. 1 LYS F0266212 1- 5/79