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1978-1206_FROST CONSTRUCTORS_Contract
2957oc 1435 EXE P�IPT RECORDED AT THE REQUEST OF C RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano Office of the City Clerk ���� �_4 32400 Paseo Adelanto Mary Ann ganover , City Clerk San Juan Capistrano, CA 92675 City of„8�an Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Frost Constructors, P. O. Box 3071, Long Beach, California, 90803, who was the company thereon for doing the following work, to wit: CALLE ARROYO SEWER 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 6th day of December , 197 8 , by Resolution No. 78-12-6-4 That upon said contract the Covenant Mutual Insurance Company was surety for the bond given by the said company as required by law. Dated at San Juan Capistrano, California, this 7th day of December 197 8 . Mary Ann H,Wh6ver, 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 7th day of December 1978 (SEAL) GLC�z— Mary Ann ,Hanover, City Clerk of RECORDED IN OFFICIAL RECORDS Sari Juan Capistrano OF ORANGE COU.+TY, CAL„—MA 1 s Pat 4 P.M. DEC 11 1978 Past LEE A.BRANCH,County Recorder CQUIRACT -This, contract is made .and" entered into by and between the CITY OF SAN JUAN_ CAPISTRANO, hereinafter referred to as City and FROST CONSTRUCTORS 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 Instruction to ' Bidders , the Proposal, the Bid Bond, the Non-Collusion Affidavit, the Designation of Sub-Contractors , the Contract which is prepared for ' execution by the City and tae Contractor, plans , specifications and special provisions, contract bonds , resolutions adopted by the City ' Council pertaining to the work, insurance 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 necessary to perform iand complete in good and workmanlike manner the construction of 10" and 12" SEWER MAIN IN CALLE ARROYO ' in strict conformity with the Plans , Specifications and all other ' contract documents , 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 tforth in the Specifications. ' 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 impracticable 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 mature of a penalty, One Hundred Dollars (a""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 contract 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 (1000 of the amount of this contract and shall be con- ditioned on full and complete performance of the contract, guaranteeing tthe work against faulty workmanship and materials for a period of one ' (1) year- after completion and acceptance. The Labor and Material Bond shall be for an amount of One Hundred Percent (1008) of the amount of ' this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to• the work covered by this contract. CONTRACTOR agrees to furnish the' bonds on the forms found within the Specifications . ' SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES . The general prevailing rate of per diem wages and general prevailing -rate for holiday ' and overtime work, in the locality .in which the work is to be performed, for each craft, classification or type of workman needed to execute the ' contract, have been determined by CITY, in Resolution No. 76-11-17-3 which is on file at the office of the City Clerk, City Hall , 32400 Paseo Adelanto, San Juan Capistrano, California, and is hereby incor- porated herein and made a part hereof. CONTRACTOR agrees that he, or any SUB-CONTRACTOR under him, shall pay not less than the foregoing tspecified prevailing rates of wages to all workmen employed in the execution of the contract. ' SEVENTH. INSURANCE. CONTRACTOR agrees to carry Public Liability, Property Damage, and Workmen's Compensation Insurance in amounts as required by the Specifications . 1 _ -16- ' 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 stipulation 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 Ldbor Code, except as permitted by law. IN-WITNESS WHEREOF, this contract is executed by the duly authorized 1 agents) of CITY, pursuant to Council action, and by CONTRACTOR on the date set before the name of each. ' DATED: June 21 , 1978 CITY OF SAN. JUAN CAPISTRANO Bit ' KENNETH E, FRIESS, MAYOR ITY CLERK ' DATED: ` FROST CONSTRUCTORS CONTRACTOR ' lay � tPROVED AS TO FORM Attorney �....�. ...�..... -17- AGENDA ITEM November 1 , 1978 Resubmitted November 15, 1978 Resubmitted December 6, 1978 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Final Report - Calle Arroyo Sewer (Frost Constructors) SITUATION The Calle Arroyo Sewer has been completed by Frost Constructors . The project has been accepted by the City Engineer and is now ready for acceptance by the City Council and recordation with the County of Orange . The current payment status is as follows : Total project costs: $75,807 . 50 Less 10% retention: 7,580. 75 Total due to date : $68,226 . 75 Previous progress payments : 40, 186.80 AMOUNT DUE: $28,039.95 Problems with groundwater and slipping soils in the trench caused an open trench excavation to be used . This , therefore, required a much larger area of pavement to be replaced. The payment for additional pavement will be covered under Change Order No. 3 . FINANCIAL CONSIDERATION This project is a budgeted capital project out of the Sewer Enterprise Fund. ALTERNATE ACTIONS 1. Accept the project as complete . 2. Do not accept the project as complete . 3 . Require further information from staff . RECOMMENDATION By resolution, determine that work has been completed, and declare the work to be accepted; direct that within ten (10) days from the date of acceptance, a Notice of Completion be filed with the Orange County Recorder. The total amount of work performed under the con- tract is $75,807.50. The ten percent (10%) retention is to be paid 35 days after recordation of Notice of Completion. espp�ctly suXtted, W. F� W. D. Mur WDM: RFC/tmFOR WY COUNCIL AGENDA � 8 Encls . I • i RESOLUTION NO. 78-12-6-4 i COMPLETION OF CALLE ARROYO SEWER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF CALLE ARROYO SEWER WHEREAS, on the 18th day of July, 1978, the City of San Juan , Capistrano entered into a Contract with Frost Constructors for the construction of Calle Arroyo Sewer; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does resolve as follows: SECTION 1. That the work required to .be performed by said contractor has been completed. SECTION 2. That the total cost of said work is in the amount of 75,807.50. SECTION 3. That the work is hereby accepted and approved. SECTION 4. It is further ordered that a ".Notice of Completion" be reeorded, on behalf of the City, in the office of the County Recorder of the County of Orange within ten (10) days of the date of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of December 1 1978 , by the following vote, to wit: AYES: Councilmen Hausdorfer, Schwartze, Thorpe i Buchheim and Mayor Friess NOES: None - ABSENT: None KENNETH E. FRIESS, MAYOR ; ATTEST: 'CITY CL$RK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 78-12-6-4 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 6thday of December 1978 (SEAL) MARY ANN }OVER, CITY CLERK -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 76-12-15-10 and on the 8th day of December 1978, j she caused to be posted: RESOLUTION NO. 78-12-6-4 being: COMPLETION OF CALLE ARROYO SEWER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS . FOR THE CONSTRUCTION OF CALLE ARROYO SEWER iin three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The Post Office; The Orange County Public Library. MARY ANN HANOVER, City Clerk San Juan Capistrano, California i -2- CONTRACT CHANGE_ ORDER Cha,tige "DHer No. 30—. . Beginning Contrawate 7/18/78 Date 10/20/78 Contract Amount $ 60 ,797 Project No. 8099-12 Previous Change Orders $ -- Location Calle Arroyo Sewer ' This Change Order $ 15 ,010 . 50 Adjusted Contract $ 75, 807. 50 Item Decrease In Increase In No. Description of Changes Contract Price Contract Price 5 Remove and replace pavement (At $ 22, 808 . 50 direction of City Inspector, con- tractor was required to open a larger trench than was originally estimated. ) 2 Install 12". V.C.P. 4,248. 00 • 4 Concrete Encasement 3,550. 00 Change In Contract Price Due to This Change Order $ 7 ,798. 00 $ 22 , 808. 50 Net Change In Contract Price $ 7, 798. 00 $ 22 , 808 .50 TIME SCHEDULE: ' ACCEPTANCE: DATE: Total Contract Days 120 Accepted by: _ FROST CONSTRUCTORS Amount Prior C.O. (s) -- Recommended by: Mount This C.O. -- Adjusted Contract Days -- _ New Date of Completion -- Approved by: AGENDA ITEM October 18 , 1978 TO: James S . Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Time Extension - Calle Arroyo Sewer (Frost Constructors) SITUATION The contract for the above referenced project is due to expire on October 16, 1978 . The contractor has completed over 70% of the job, but a high water table has caused many delays. It is most probable that the contractor will not finish before the expiration date. Staff feels a time extension of 30 days is justified. FINANCIAL CONSIDERATIONS The City could require the contractor to pay to the City liquid- ating damages in the amount of $100 per day. ALTERNATE ACTIONS 1) Grant a time extension for Calle Arroyo Sewer of 30 days. 2) Do not grant a time extension for Calle Arroyo Sewer. 3) Request further information from Staff. RECOMMENDATION By motion, approve Contract Change Order #2 , granting a time extension to Frost Constructors for thirty (30) days to November 15 , 1978 , for the completion of Calle Arroyo Sewer. (Respectfully submitted, w.�. �� W. D. Mu h WDM:RFC/rem Encl. FOR CITY COUNCIL AGENDA .. .•••• COId I I / CT CI IANC- ORDFt Chan' c Ordsr Co. 2 • Beginning Contraonate July Date _October 5, 1978 Contract Amount $ 60, 797. 00 _ Project 1I0. 8099--12 Previous Change Orders Location Calle Arroyo Sewer This Change Order $ Adjusted Contract ]taa� Decr^as; In lncrcasc Jn No. Description of Chanoes Contract Price Contract Price 1 TIME EXTENSION - High water table has n/a n/a caused the job to be done at a much slower pace .than anticipated . Change In Contract Price Due to This Change Order $ --- $ --- Net Change In Contract Price $ $ TIME SCIIED_ULE: ACCEPTANCE: DATE: 60 Accepted by: �Total Contract Days _t—_--- b Z FROST CONSTRUCTORS Amount: Prior C.O. (s) 30 � --- Recommended Iv /0/0- 5-78.._ Amount: This, C.O. 30 Adjusted Contract. hays 120 New Pot I, of Ceinpl6tion 11/15/78 Approved by: AGENDA ITEM September 6 , 1978 TO: James S . Mocalis , City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Time Extension - Calle Arroyo Sewer (Frost Constructors) SITUATION The contract for the above referenced capital project is due to expire on September 16 , 1978. It is apparent that the contractor will not be able to finish the contract before the expiration date. The contractor has been having difficulty with equipment and it is expected that the contractor will run into a high water table, there- by causing more of a delay. Staff feels that a time extension of 30 days would be justified. FINANCIAL CONSIDERATIONS The City could require the contractor to pay to the City liquidating damages in the amount of $100 per day. ALTERNATE ACTIONS 1. Grant a time extension for Calle Arroyo sewer of 30 days . 2 . Do not grant a time extension for Calle Arroyo sewer. 3. Request further information from staff. RECOMMENDATION By motion, approve Contract Change Order #1, granting a time extension to Frost Constructors for thirty (30) days to October 16 , 1978 , for the completion of Calle Arroyo Sewer. UJ submitted, U . F) . 1 W. D. Murphy WDM:RFC/rem Encl. FOR CITY COUNCIL AGENDA .. ,� C0111-RACT CHANGE ORDEP. Change Order No. 1 � Beginning ContracDate 6/18/78 Date _ _ 8/30/78 Contract Amount $ 60,797 . 00 Project No. 8099-12 Previous Change Orders $ -- Location Calle Arroyo Sewer This Change Order $ —' Adjusted Contract $ Item Decrease In Increase In No. Description of Changes Contract Price Contract Price, 1 Time extension due to difficulty with equipment and high water table n/a n/a 1 i i i Change In Contract Price Due to This Change Order Net Change In Contract Price $ $ TIME SCHEDULE: ACCEPTANCE: DATE: Total Contract Days 60 Accepted by: FROS NSTRUCTORS Arraunt. Prior C.0. (s) -- Reconunended b Alllount this C.O. 30 RICHARD CARNEIRO 8/30/78 Adjusted Contract Days 90 C•''"u'' A..fh.-.. Nm Date of Completion to/16/78 Approved by: W. D. MURPH AGENDA ITEM June 21, 1978 TO: James S . Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Acceptance of Bid and Award of Contract - Calle Arroyo Sewer SITUATION As a result of the City Council ' s approval of the plans and specifications for the subject project, the following bids were received on June 14 , 1978. 1) Frost Constructors $60 ,797 2) Liberty Construction $66 , 576 A unit breakdown of all the bids is available for inspection in the office of the City Engineer. This office has reviewed the technical qualifications of the low bidder, Frost Con- struction, and found them acceptable to the City. FINANCIAL CONSIDERATIONS The funds for this project were budgeted in the 1977-78 City budget. The Engineer ' s estimate for the project was $55 , 000 . ALTERNATE ACTIONS 1. Accept the low bid in the amount of $60, 797 submitted by Frost Constructors . 2 . Refer to staff for further study. 3 . Reject all bids and direct staff to readvertise. RECOMMENDATION By motion, accept the low bid submitted by Frost Constructors in the amount of $60, 797 for the total contract bid, award the contract, and authorize the Mayor to execute the agreement on behalf of the City. 'Respectfully submitted, W. D. Murphy WDM:RFC/rem Attach. FOR CITY COUNCIL AGENDA PZ, I! : I (\ NA i � Y n 1 P k • �a l P �.� a•.c' •. is�. t PROJECT ` • „ SITE L rT Tr VICINITY MAP SCALE 1° = 1200' FAITHFUL PERFORMANCE BOND BOND No. oo69s7 KNOW ALL MEN BY THESE PRESENTS: That PREMIUM $730.00 WHEREAS, The City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to FROST CONSTRUCTORS , License No. hereinafter designated as "Principal ," a contract for 10" and 12" ew�in Calle Arroyo and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, FROST CONSTRUCTORS as Principal , and COVENANT MUTUAL INSURANCE COMPANY , as surety, are held and firmly bound unto the City of San Juan Capistrano, a municipal corporation of Orange- County, Cal i6forniab0in the penal sum of Sixty Thousand Seven Hundred Ninety PONT Seven and N0/100 ($ ) lawful money of the United States 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 the hereby bounden Principal , .his or its heirs , executors , administrators, 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 according 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. 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 obligations 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. 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 loth day of �i �, 19 78 , the name and corporate seal of each corporate party being hereto of f xed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. FROST CONSTRUCTORS P IN PAL BY — CoVEN RE Y � By Arthur T. Clemet, '1R. Attorney i Fact (Executed in Duplicate) —19— State of California County of Los Angeles ss. On this 10th day of July 1975, before me personally came ARTHUR J. CLEMENT, JR. to me known, who being by me duly sworn, did depose and say: that he is Attorneys)-in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authori ranted to him in accordance with the By-Laws of the said Corporation, and that he signed his name thereto b ....3 y i e au�ority: 1:> _ d (NofaryMy c) BOND NO. 006987 Premium $730.00 Included 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 FROST CONSTRUCTORS License No. _ , hereinafter designated as "Principal ," a contract for 10" and 12" Sewer Main in Calle Arroyo 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 FROST CONSTRUCTORS Principal , and COVENANT MUTUAL INSURANCE 'COMP , as surety are held firmly bound unto the City of San Juan apistra�np, a municipal corporation, in the penal sum of Sixty Thousand even Hundred Ninety Seven and NCb'JLt0A RS (,60.797.00 ) , lawfuT money of the United States of Via, 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 , Division 5, Chapter 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 bend, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies apd 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 or, 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. —20— IN WITNESS WHEREOF three (3) identical counterparts of this instrument, eac;i oY which shall for all purposes be daemed an original thereof, have been duly executed by the Principal and surety herein named on the 10th day of July _ 19 78 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. ' FROST CONSTRUCTORS ' — NNCIPAI By � M By 1 COVENANT MUTUAL 4SU ,NCE^COMPANY SURETY By.y Arthur•J. Clem t, JR. Attorne in Fact CExecuted in Duplicate) =21— State of California County of Los Angeles ss. On this 10th day of July 1918, before me personally came ARTHUR J. CLEMENT, JR. to me known, who being by me duly sworn, did depose and say: that he is Attorney(s) of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By-Laws of the said Corporation, and that he signed his name thereto by ika::authaRify n ,y .�« , i4�r�1 t (Notagr ublic) �4 Y C.6' - COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatCOVENANT MUTUAL INSURANCE COMPANY,a corporation of the State of Connecticut,does hereby make, constitute and appoint ARTHUR J. CLEISM, JR. its true and lawful Attorney(s)-in-Fact, with full power and authority,for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,undertakings,recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract,bond, undertaking, consent of surety,recognizance, general or special power of attorney,certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if aseal is required,by a duly authorized attorney-in-fact or agent;and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond,undertaking, recognizance or other written obligation in the nature there• of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. COVENANT MUTUAL INSURANCE COMPANY By (;&jjh1 �r.Zal- 1� _ Vice Presid t Attest: lw "• .1_ f Assistant Secretary s w, STATE OF CONNECTICUT ss: -s COUNTY OF HARTFORD On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known,who being by me duly sworn,did depose and say;that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument;that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal;that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority. / •.:a;�E.��..,?%�� �t,-r�r�.,..L, �7. ��i»-tom C•(G� :#0740 rs Notary Public W ° My commission expires March 31, 1978 1 : ••� :n : r�'r1ECtt�J�''t CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above-quoted provis;ons of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 10th day of July p 19 78 ld't t 4 C.i�� Assistant Secre y I I cO � n .CAA L L�-. k.R BoYf S JLR �] Al N 1� y ' $ I D P R O P O S A L tFor the: INSTALLATION OF 12" AND 10" SEWER MAIN IN CALLE ARROYO Fro IDS Contractor To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined 1 the location of the proposed work as described, examined the Plans and Specifications and General Conditions therefor, read the Instruc- ,ions to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees , if the proposal 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: s dab � �1 Words Figures Said amount to include a 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 , apparatus , and other means of construction; also, the performance and com- pletion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. ' If the contract is awarded the undersigned agrees to enter into a ' contract with the City and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of 60 days . 1 All bids are to be computed on the basis of the giver. Estimated Quantities of Work, as indicated in this proposal , times the unit prices as submitted by the bidders. In case of discrepancy be- tween 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 ouantities of work indicated in this proposal are approximate oniv, 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 ' -4- ' amount of any item or portion of the work or to umit 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 the enclosed check or bid bond shall be returned to the undersigned within thirty (30) days . 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 Citv 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 f&ix (insert "$ cash" , "cashier ' s check,-'"certified check or bidder ' s bond, as the case may be) in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: 1 Licensed in accordance with an act ply for the regist- ration of contractors -- License No. �{1 1 Signature of bidder (If individual, so state. If a firm or co-partnership, ' stat fir e and give the names, of all individual co- partners composing the firm: President, secretary, treasurer and man''a^^/Ige''z thereof. ) Dated.. 2(Htsiness address /`�3'a Phone number . -5- PCHEAULE OF WORX ITEMS ITEM APPROX. WORK ITEM WITH UNITS ir:IT PRICES TOTAL NO. QUANTITY (PRICE WRITTEN IN WORDS) (I1- FIGURES) AMOUNT 1. 368 L.F. Furnish and install 10" V.C.P. f unit price of M_ dollars per lineal foot 2. 2159 L.F. Furnish and install 12" V.C.P. f e unit price of dollars v+ ' per lineal foot 3 . 6 EA. Construct new 481' manhole for the uni price of / per each /�11�w1 _ 7.20- dollars 1 4. 355 L.F. Install concrete sewer line easement for the unit price of \-A . dollars per lineal foot �Q°-= :?SSd ' 5. 4030 S.F. Remove and replace existing 3o11AC/6"A . or e uprice dollars per square foot �� 4Y?3 ' 6. 4 EA. Recoi truct existing manhole r h u ' t rice of per �Od /Gan per each dollars TOTAL BID PRICE: �/� q 7 I I _5 a) - I Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal , that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Signature- of Bidder D t� e Phone Number -6- NON-COLLUSIoll AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) County of } ss' being first duly sworn deposes and says that � is of aS . the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association , organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone 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 bidder, 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 interested 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 therewith, to any corporation, partnership, company, association, organization-, ' bid 1 depository, or to any member or agent thereof, or to any other indi- vidual except to any person or persons as have a partnership or other financial interest with said bidder in this. general business. By ) Subscribed and sworn to before me this /4/ day of ��L& OFFICIAL SEAL ' DONNA I. BUCHAN NOTARY OUEbC • CALIFORNIA LOS ANGELES COUNTY Notary Public in and for said County and State MY comm. expires JUN 22, 1979 ' -7- 1 ' TESIGNATION 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 following 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. Idem of Work Sub-Contractor Address Phone No. 1.• . i 2• ' 3. 4. 9. 6. 7. 8. ' BIDDER' S NAME AUTHORIZED SIGNATURE ' -8- grouq COVENANT MUTUAL INSURANCE COMPANY BID BOND Approved by The American Istituto of Arehiheh, Bend No. BBSU A.I.A.Dowment No.A-310(Feb.1970 Edition) KNO W A LL MEN B Y THESE PRESENTS,That we, FROST CONSTRUCTORS as Principal,hereinafter called the Principal, and the COVENANT MUTUAL INSURANCE COMPANY, of Hartford, Connecticut, a corporation duly or- ganized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto SAN JUAN CAPISTRANO as Obligee,hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars ($ 10% ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bid for install of 12" and 16" Sewer Main ( IN ACCORDANCE WITH THE ATTACHED PROPOSAL) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. • Signed and sealed this 14th day of JUNE t9 7 8 FROST CONSTRUCTORS (Seal) Principal Witness BY:� T— r Title COV N N ALINSUR 7 COMPANY Witness B -ttorney-in-Fact ARTHUR J. EMENT J t State of California County of Los Angeles ss. On this 14th day of JUNE 19L8 , before me personally came ARTHUR J. CLEMENT JR. to me known, who being by me duly sworn, did depose and say: that he is Afforney(s)-in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrupeat...Is,such corporate s ; that it was so affixed by authority granted to him in accordance with the By-Laws, the said rpora ion, an that a signed his name thereta_' u , ,., „"„ „„ Ay OFFICIAL SERI DIMITRA SCHMAUss NOTARY PUBLIC CALIFORNIA ' c ."x`41 (IFFICE IN �.�; .. S:.ES COUNTY = auo (Notar ic) COVENANT MUTUAL INSURANCE COMPANY Hartford,Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint ARTHUR J. CLEMENT JR. its true and lawful Attorney(s)•in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof,as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount, and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy,contract, bond, undertaking, consent of surety,recognizance, general or special power of attorney,certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: Thatany bond, undertaking, recognizance,consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required,by a duly authorized attorney-in-fact or agent:and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond,undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. COVENANT MUTUAL INSURANCE COMPANY By 1 k.ZU& _ Vice PnesidOdt Attest: Assistant Secretary n STATE OF CONNECTICUT i u; •s COUNTY OF HARTFORD On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey,Jr., and James E. Witkinsto me known,who being by me duly sworn, did depose and say;that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument;that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal;that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority. / `:•+ •T•+r'•: J Notary Public My commission expires March 31, 1978 ;moi,/y�L►G :x, CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above-quoted provis,ons of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 14th ddaV-afofy of JUNE v,797�87�� - 't t 4. Ci �3/ibu Assistant Secre y PROOf OF Puwc#&m This ,pace 10 the County Cierk'a 7TMx stamp (2016.5 C.C.P.) STATE OF CALIFORNIA, F[ ` ''J r i� n}� r County Of Orange Juil City of San Clemente r Proof of Publiastion of NOTICE INVITING BIDS I am a citizen of the United States and a residentToo of the County aforesaid: I am over the age of eighteen years, and not a party to or interested aan ? In the above-entitled matter. I am the principal d' clerk of the printer of the San Clemente Sun-Pon ,� tr a newspaper of general circulation printed and pubiiahed DAILY W_ l In the City of San Clemente ` y z, County of Orange. and which newspaper bas been t' adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of March 11. 1960, Case Number A9140; that the notice, of which the aanexed is a printed VNEL ho copy (set in type not smaller than nonpareil), has ' been published in each resular and entire issue of said newspaper and not in any mapplemeat thereof '1be"AMii i maL4ia ° oa the following dates, to-wit: cpp�+pE' J May 24 and 11 all is the Year 19.E the I certify (or declare) under penalty of perjury, erjury �Ja that the foregoing Is true and correct. Dated at San Clemente, California, this ! ' 31st ,may Of May 19 7$ Sigsattue SAN CLEYEZME PVBLISELYG CORP. 1542 :forth E1 Camino Real - P.O. Box 367 San Clemente. Calif. 92672 - Phone 7I4-192-5121 NOTICP: OF TRAN'S"_ITTAL!':CTAL Pl:i: 10: Daily Sun-Post Helen Nielsen, Legal FOR PUBLICATION ON: Wednesday, May 24 , 1978 and Wednesday, May 31 , 1978 DOCUMENT(S) TO BE PUBLISHED: NOTICE INVITING BIDS - INSTALLATION OF 12" and 10" SEWER MAIN IN CALLE ARROYO, CITY OF SAN JUAN CAPISTRANO PROOF OF PUBLICATION: Please send to: Office of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: DATE: May 19, 1978 Date sent to paper Dato proofed Date publi.,;bed Date affidavit reeeived Cost. N n 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 11:00 a.m. on the 14th day of June 1978 receive sealed proposal's or bids for the Installation of 12" and 10" Sewer Main in /Calle Arroyo in accordance with the approved plans and specifications on file in the office of the City Clerk of the City of San Juan Capistrano, City Hall, 32400 Paseo Adelanto, 'San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the .San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accompanied by a certified check, cash, cashier's check or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier 's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 25 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 12th day of June , 1978 , 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 responsi- bility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall not be responsible for any instructions , explanations , or inter- pretation of the plans, specifications, and contract documents presented to the bidders in any manner: -1- t - The successful bidder, simultaneously with the execution of the contract, will be required to furnish a Faithful Per- formance 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 respec- tive 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 60 consecutive calendar days has been set for the completion of the work, from the date of execution of the contract. -2- 4 BIDDERS ARE HEREBY NOTIFIED THAT pursuant to the labor code of the State of California, the City of San_ Juan Capistrano has ascertained and determined the. general prevailing rate of per diem wages, and the general prevailing rate ' for legal holiday and overtime work in the locality in which said work is to be performed for each craft classification or type of workman needed to 'execute the contract for said work, which contract will be awarded to the successful bidder. The general prevailing .rates so determined are as hereinafter provided. Wages for trades not specifically listed, and wages to be paid for over- time and holiday work shall not be less than the prevailing rate in Orange County: Resolution 76-11-17-3 adopted by the City Council of the City of San Juan Capistrano sets forth in detail said prevailing rates and other information. 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 specifications 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 $10.00, nonrefundable, is required . for obtaining each set of plans and specifications. Each bidder shall state the California Contractor 's License number of such bidder sobidding, 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. This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 19th day of June , 1978 2 22 CITY CLERK CITYoOF SAN JUAN CAPISTRANO -3- ORANGE COUNTY, CALIFORNIA ' CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY ' . STATE OF' CALIFORNIA CONTRACT DOCUMENTS AND ' SPECIAL PROVISIONS FOR INSTALLATION OF 12" AND 10" SEWER MAIN ' IN CALLE ARROYO. 1978 CITY COUNCIL KENNETH E. FRIESS, MAYOR GARY L. HAUSDORFER PHILLIP R. SCHWARTZE JAMES F. THORPE LARRY BUCHHEIM ' W. D. MURPHY DIRECTOR OF PUBLIC WORKS - CITY ENGINEER May, 1978 TABLE OF CONTENTS ! CONTRACT DOCUMENTS (White) Notice Inviting Bids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ! Bid Proposal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 • Non-Collusion Affidavit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Designation of Sub-contractors. . . . . . . . . . . . . . . . . . . . . . . 8 ! Instruction to Bidders. . . . . . . . . . . . . . . . . . . . . . . . . 9 ! Contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 BidBond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ! Faithful Performance Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ' Labor and Material Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ! Standard Specifications (Not enclosed) Note: The standard specifications are the ' Standard Specifications for Public Works Construction, 1976 Edition ! SPECIAL PROVISIONS (Yellow) 22 ! Work to be Done. . . . . . . . . . . . . . . . . . . . . . . . . . . . • . • • • • • .23 Standard Specifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 ! Terms Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 ! Special Provisions of Items of Work and .• . • • . • . :. Method of Payment. . .24 ! Standard Drawings . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . .27 ! 1 ' N O T I C E I N V I T I N G B I D S SPublic notice is hereby given that the City of San Juan Capistrano will up to 11:00 a.m. on the 14th day of June , 1978 receive sealed proposals or bids for the Installation of 12" and 10" Sewer Main , in accordance with the approved plans and specifications on file in the office of the City Clerk of the ' City of San Juan Capistrano, City Hall, 32400 Paseo Adelanto, -San Juan Capistrano, California. Bids will be received until ' the time hereinbefore stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. ' No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must ' be accompanied by a certified check, cash, cashier' s check or bidder' s bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. ' The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event ' such successful bidder fails to enter into the required contract within 25 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 12th day of June , 1978 , 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 responsi- bility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City shall ' not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the City shall ' not be responsible for any instructions , explanations , or inter- pretation .of the plans , specifications, and contract documents ' presented to the bidders in any manner: 1 ' The successful bidder, simultaneously with the execution ' of the contract, will be required to furnish a Faithful Per- formance Bond equal in the amount of one hundred percent (1000 ' 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 respec- tive 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 60 consecutive calendar days has been set for the completion of the work, from the date of execution bf the contract. 1 1 -2- ' BIDDERS ARE HEREBY NOTIFIED THAT pursuant to the labor code of the State of California, the City of San Juan Capistrano ' has ascertained and determined the general prevailing rate of per diem wages, and the general prevailing rate for legal holiday ' and overtime work in the locality in which said work is to be performed for each craft classification or type of workman ' needed to execute the contract for said work, which contract will be awarded to the successful bidder. The general prevailing rates so determined are as hereinafter provided. Wages for trades not specifically listed, and wages to be paid for over- time and holiday work shall not be less than the prevailing rate in Orange County: Resolution 76-11-17-3 adopted by the City ' Council of the City of San Juan Capistrano sets forth in detail said prevailing rates and other information. ' 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 . ' specifications 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. 00 , nonrefundable, is required for obtaining each set of plans and specifications. ' 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. This Notice is hereby given and published by order of the ' City Council of the City of San Juan Capistrano, and is dated ' this 19th day of June , 1978 CITY CLERK CITYvOF SAN JUAN CAPISTRANO -3- ORANGE COUNTY, CALIFORNIA 1 • ' . �STRUCTION TO BIDDERS . ' Securing Documents. ' Plans, specifications and other contract documents will be available for examination without charge and copies may be secured in accordance ' with the "Notice Inviting Bids. " Examination of Plans , Specifications and Site of Work. The bidder is required to examine the site of work, the proposal, the ' plans and the specifications very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, ' the materials to be furnished and the requirements of the Contract. Documents. The plans for the work show conditions as they are believed td 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 omissions 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 request shall be responsible for its prompt delivery. tIn 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 , omissions , or points ' .requiring clarification in the drawings or documents , a .written addendum -9- will be mailed to each ploson to whom a set of contact 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 docu- ments and shall be returned with them. Before 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. 1 Na persbn, 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 corporation 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 lopghand. Where ' there is a conflict in the words and the figures, the words shall govern. 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. 1 ' -10- 1 • • ' 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 provisions 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 docu- ments , such check or bond, and the money represented 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. ' 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 herein- before specified in the "Notice Inviting Bids. " Bids shall be ' enclosed in a sealed envelope bearing the title of the work and the name of the bidder. ' -11- ' Licensing of Contractor. ' All persons , firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of .the State of California and the applicable ordinances of the City and County before doing any work of any kind . Withdrawl of Bids . Any bidder may withdraw his bid in person or by written request .at any time prior to the scheduled closing time for receipt 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 1 •or their authorized representatives are invited to be present . Award of Contract or Rejection of 19ids . No bidder may withdraw his bid -for a period of forty-five (45) days ' after the date set for the opening of bids . The contract 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 tbidder 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. ' The bidder to whom the award is made shall execute a written contract with the City and furnish the stipulated 'bonds and bid breakdown within t ten (10) 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, shall be made upon the City's acceptance of the Labor and Materials Bond and the Faithful tPerformance Bond . If the bidder to whom the award is made fails to enter the contract as ' herein provided , the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill -12- 1 'r• »w. ' every stipulation embraced herein, as if he were the party to whom t the first award was made. A corporation to which an award is made shall furnish' evidence of its corporate existence and evidence that 1 the officer signing the contract and bonds for the corporation duly authorized to do so. Within ten days after the awarding of the ' contract, the City will return the proposal guarantee accompanying each of the proposals which are rejected. ' Bonds. ' The successful bidder, simultaneously with the execution of the Agree- ment, will be required to furnish a Labor and Material Bond in a sum ' not less than one hundred percent (100%) of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum ' not less than one hundred percent (100%) of the amount of the contract. Said bonds shall be secured from a surety company satisfactory to the City. Surety companies, to be acceptable to the City, must be author- ized to do business in the State of California and be on the accredited ' list of the United States Treasury. The Attorney-in-fact must be registered with the County of Orange . ' 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 prose- cuted until completion. A time limit of sixty (60) calendar days ' from 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. -13- Y 1 Workmen and Wages. .Attention is specifically directed to all provisions of the Labor Code 1 of the State of California with regard to workmen and wages. Wages 1 shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Notice Inviting .Bids. " 1 Building Permits. It shall be the Contractor' s responsibility to obtain all necessary 1 permits, bonds and insurance, as required, for the completion of the 1 project. No extra compensation shall be made therefore. 1 1' 1 i 1 1 . 1 ,1 1 • 1 I - 1 =14- i FAITHFUL PERFORMANCE BOND • BOND No. 006987 KNOW ALL MEN BY THESE PRESENTS: That PREMIUM $T30.00 WHEREAS, The City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to FROST CONSTRUCTORS ' License No. , hereinafter designated as "Prin- ,' a contract. for 10" and 12" fewerr Main in Calle Arroyo and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW THEREFORE, we, FROST CONSTRUCTORS as Principal , and COVENANT MUTUAL INSURANCE C , as surety, are held and firmly bound unto the City of San Juan Capistrano, a municipal corporation of Orange County, Cali6f8rJLid bo in the penal sum of Sixty Thousand Seven Hundred Ninety #'WA Seven and NO/100 ($ ) lawful money of the United States of America , for payment of w ich 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 the hereby bounden Principal , .his or its heirs ; executors , administrators, 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 according 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. 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 obligations 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. IN WITNiESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly exec ted by the Principal and surety herein named, on the 10th day of July 19 To , the name and corporate seal of each corporate party being hereto a ixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. FROST CONSTRUCTORS* w L BY BY COVEN E_.0 U 1T14 By. Arthur J. C1 ert, TR. Attor ey in Fact . (Executed in Duplicate) —19— J . State of California County of Los Angeles ss. On this 10th day of July 19-L8, before me personally came ARTHUR J. CLIMM, JR. to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)4n-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seat affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By-Laws of the said Corporation, and that he signed his name thereto by Like authority. u«o (Notary Public) • �� • BOND NO. 006987 Premium 730.00 Included 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 tooraT coxamevornas License No. _ , hereinafter designated as "Principal ," a contract for in', and 12,, Sever main in Ca11e Arrnyn_ 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 FROST CONSTRUCTORS Principal , and COVENANT MUTUAL INSURANCE COMP , as surety are held firmly bound unto the City of San Juan Capistrano, a municipal corporation; in the penal sum of Sixty Thousand Seven Hundred Ninety seven and N(AICARS (S6n,gc .00 ) , lawful money of the United States of merica, far 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 , Division 5, Chapter 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 apd 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 inodification 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. —20— W4 WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereo �tiave been duly exe5aed by the Principal and surety herein named on the day of Y 19 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. FROST CONSTRUCTORS - PRINCIPAL . BY By State of California County of Los Angeles ss. On this 10TH day of July1978 , before me personally came ARTHUR J. CLEMENT, JR. to me known, who being by me duly sworn, did depose and say: that he is A+forney(s)-in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that +he seal affixed to said instrument is such corporate seal; that it was so affixed Y authority 9d,�Rk ed to him m accordance with t Y he By-Laws of the said, Corporation, and that he signed his name Y thereto b hk�t�ythori+y s SV f, _ - i 9rwp U •. . •: � ;.Fad (Notary Public).. - -j2 I— ti ' COVENANT MUTUAL INSURANCE COMPANY Hartford,Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut,does hereby make, constitute and appoint ARTHUR J. CLIIENT, JR, its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings,recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby,and all of the acts of said Attorney lsl-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company,which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety,recognizance, general or special power of attorney, certification, attestation, or other instru. ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond,undertaking, recognizance, consent of surety or written obligation in the nature thereof shall bevalid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed,if a seal is required,by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required,by a duly authorized attorney-in-fact or agent:and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there. of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. COVENANT MUTUAL INSURANCE COMPANY By (�&6'ga Nas VicelfesidOdt Attest: '14 Assistant Secretary s� STATE OF CONNECTICUT 4 u: =s COUNTY OF HARTFORD On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey,Jr., and James E. Witkins to me known,who being by me duly sworn,did depose and say;that they reside in the State of Connecticut; thatthey are respectively Vice Presidentand Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument;that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal;that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority.Ir ??;NOTA Notary Public W :n My commission expires March 31, 1978 *..PVOLIG,:4 CERTIFICATION 1, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above-quoted provisions of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 10th day /oofff ` July 19 78 Assistant Secrecy r NAME AND ADDRESS OF AGENCY i COWR DING COVERAGES Butler, Christian & Hann, Inc. P. O. Box 4430 OA1PA0}Y . sur nce Company E1 Monte, California 91734 COMPA 'IB Argonaut Insurance Company LETTER NAME AND ADDRESS OF INSURED COMPANY ETTER Frost Constructors P. 0• Box 3071 COMPANY D LETTER Long Beach, California 90803 COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named abode and are in force at this time. POLICY Li tso L b in Thousands COMPANY TYPEOFINSURANCE POLICY NUMBER EACH LETTER EXPIRATION GATE OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY f f - A ®COMPREHENSIVE FORM Q PREMISES—OPERATIONS PROPERTY DAMAGE t f OEXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD ©PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND Q CONTRACTUAL INSURANCE 133988 5/4/79 PROPERTY DAMAGE f 500 f 51. © BROAD FORM PROPERTY COMBINED DAMAGE ® INDEPENDENT CONTRACTORS ❑X PERSONAL INJURY PERSONAL INJURY f SOO AUTOMOBILE LIABILITY BOD YINJURY (EAC PERSON) f ❑ COMPREHENSIVE FORM BOD YINJURY f ❑ OWNED (EACH ttCCURiENCE) ❑ HIRED PROPERTY DAMAGE f NON OWNED BODIL INJURY AND PERf PROPERTY DAMAGE CqM8INEO EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE f f ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION ST�.TUTOW A and CC720352085795 11/3/78 EMPLOYERS'LIABILITY f (EACHACCIMNT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES � AP� 10" and 12" sewer main in Calls Arroyo DAVID B. ADMTNIS Cancellation: Should any of the above descg8ed policies be cancelled before the explr Ions a e r of, the issuing com- pany will endeavor to mail _ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDERS joy 12, 1978 DATE ISSUED: Office of the City Clerk City Hall, 32400 Paseo CaliforniaAdelat92675 San Juan Capistrano, lifora 92675 AUTHORIZED REPRESENTATIVE ACORD 25 Ed.2J7 NAME AND AES OF AGEWCV COMPANIES AFFORDING COVERAGES4 CV . ff�� - f,84#t !I }10t1X1M IAOs ��y�� PA E�ERRY A a.Trzame ampair COMPANYLEIVB� uffl s�inge COMPANY -WAME AND ADDRESS OF INSURED / y�. COMPANY S �� �{aTAAZ'» LETTER Aw ion COMPANY LETTER D /�•; %� ��� . a � 's t �- / \ COMPANY E LETTER r r -This is to certify that policies of insurance listed below have been issued to the insured named above and are in force atthis time. _ Limits of L abilit in T oumnds COMPANY POLICY �TYREOFINSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY Y [COMPREHENSIVE BODILY INJURY S E FORMPREMISESOPERATIONS PROPERTY DAMAGE 8 E EXPLOSION AND COLLAPSE HAZARD UNDERGROUND POLETED OPERATIONS KP1ZARD / J y1��y BODILY INJURY AND CM CONTRACTUAL INSURANCE y:y 5/4/44 PROPERTYDAMAGE $ 5W $ SW BROAD FORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY E AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ ❑COMPREHENSIVE FORM BODILY INJURY E ❑OWNED (EACH OCCURRENCE) ❑'I HIRED PROPERTY DAMAGE $ DNO-0WNED BODILY INJURY AND PROPERTY DAMAGE $ EXCESS LIABILITY COMBINED BODILY INJURY AND 0 UMBRELLA FORM PROPERTY DAMAGE $ $ 0 OTHER THAN UMBRELLA COMBINED FORM VVORK£RS'OOMPENSATION STATUTORY and EMPLOYERS"LIABILITY E (El HACCIDENT) OTHER N 00 OPERATIONS/L(%:ATf011SNEHIICCLEESS Y' 1 7�iw In QW& Aloxwe Car"Istion: Should any of the above descod policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: DATE ISSUED: Allilly 320 wn AUTHORIZED REPRESENTATIVE ACORD 25 (Ed.2-77) 1 1 I ^ SPECIAL PROVISIONS 1 INDEX 1 ' Section Title 1 1-1 WORK TO BE DONE. . . . . . . . . . . . . . . . . . . . . . . 23 1 1-2 STANDARD SPECIFICATIONS. . . . . . . . . . . . . . . 23 1 1-3 TERMS DEFINED. . . . . . . . . . . . . . . . . . . . . . . . . 24 1-4 . SPECIAL PROVISIONS OF ITEMS OF WORK 1 AND METHOD OF PAYMENT. . . . . . . . . . . . . . . . . 24--26 1 1 1 1 1 1 1 1 1 1 -22- 1 ' SPECIAL PROVISIONS 1. Work To Be Done The work to be done consists of the construction of ' 12" and 10" Sewer Main in Calle Arroyo. 2. STANDARD SPECIFICATIONS ' The contractor shall perform his work in accordance with the Standard Specifications For. Public Works Construction, 1976 ' Edition, hereinafter referred to as the Standard Specifications , and the Special Provisions for the Construction of Sanitary Sewers , City of San Juan Capistrano. The contractor shall main- tain a copy of this book on the job site at all times . The provisions of the Standard Specifications shall be modified as indicated below: IChange 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 $1,000,000 each accident $1,000,000 aggregate products Property Damage $100,000 each accident " $500,000 aggregate operations " $500,000 aggregate protection $500,000 aggregate products t $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 $250,000 for any one person and ' $500, 000 for any one accident , and property damage of $100, 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 . The City will not recognize any claim for additional compensation because of the requirement for greater -23- ' 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 intended : AGENCY shall mean City of San Juan Capistrano wherever appropriate . ' •BOARD shall mean the City Council of the City of San Juan Capistrano. ' ENGINEER shall mean City Engineer or other person(s) designated by same . ' 4. Special Provisions of Items of Work and Method of Payment A, Bid Items Bid Item 1 - 10-inch Vitrified Clay Pipe Sewer Main or Approved Equal tThe workmanship and materials included in the work prescribed for bid item 1 shall conform to section 200, 201, ' 207-8, 211, 301 and 306 of the Standard Specifications . The work for this bid item shall include trench excavation, installation of 10-inch V.C.P. or approved equal, backfill ' and compaction. payment ' The unit price bid per lineal foot of 10-inch V.C.P, shall include all labor, materials , tools , and equipment for the installation of said pipe as specified and no additional compensation shall be made. Bid Item 2 - 12-inch Vitrified Clay Pipe Sewer Main or Approved Equal The workmanship and materials included in the work prescribed for bid item 2 shall conform to section 200, 201 , 207-8, 211, 301 and 306 of the Standard Specifications . The work for this bid item shall include trench excavation, installation of 12-inch V.C.P. or approved equal, backfill and compaction. ' .-24- i ' Payment ' The unit price bid per lineal foot of 12-inch V.C.P. , shall include all labor, materials , tools , and equipment for the installation of said pipe as specified and no additional ' compensation shall be made. Bid Item 3 - Standard 48-inch Manhole The workmanship and materials included in the work prescribed for bid item 3 shall conform to sections 201 , ' 202, 300 and 303 of the Standard Specifications . The work for this bid item shall include excavation, installation of Standard 48-inch Manhole, backfill and compaction. ' Payment ' The unit price bid per each standard manhole shall include all labor, materials, tools and equipment for the installation of said manhole and no additional compensation ' shall be made. Bid Item 4 - Concrete Pipe Encasement The workmanship and materials included in the work prescribed in this bid item shall conform to sections 201 ' and 303 of the Standard Specifications . The work for this bid item shall include the installation of concrete pipe encasement of concrete class 420-C-2000 as specified in ' section 201-7. 1 .2 of the Standard Specifications as indicated on the plans . ' Payment The unit bid price per lineal foot shall include all ' labor, materials, tools, and equipment. costs for the instal- lation of the concrete encasement as specified and no additional ' compensation shall be made. Bid Item 5 Remove and Replace Existing 3"A.C./6"A .B. The workmanship and materials included in the work pre- scribed for bid item 5 shall conform to sections 200, 203 , 300, ' 301, and 303 of the Standard Specifications . The work for this bid item shall include the removal of existing aggregate base and asphaltic concrete and replacement in kind . Asphalt ' concrete shall be saw cut and replacement asphalt concrete shall be one inch thicker than existing and feathered one foot beyond the saw cut line . .-25- ' Payment The unit price bid per square foot to remove and replace existing asphalt concrete over aggregate base, shall include all labor, materials , tools , and equipment for -the installation ' of said paving as specified and no additional 'compensation will be made. Bid Item 6 - Reconstruct Existing Manhole The workmanship and materials included in work pre- .scribed for bid item 6 shall conform to sections 200, 201, 2022 300, 301 and 303 of the Standard Specifications . The work for this bid item shall include excavation, rework ex- isting manhole base to accept larger size pipe , break into existing manhole where necessary and brick and mortar seal. ' Payment The unit price bid per each to reconstruct existing ' manhole, shall include all labor, materials, tools and equip- ment for the reconstruction of existing manholes and no addi- tional compensation shall be* made. 1 B. Insurance and Overhead Costs ' The contractor shall receive no direct compensation fpr insurance and overhead (move in costs for example) costs . Accordingly, these costs should be prorated to the appropriate ' bid items . 1 -26- tWHEN BROKEN ENO Of PIPE IS WIIHIN NANHPEAK BACK FLUSN'NITI, INSIDE OF MaNHOL.E IIAL PLnSTER • BROKEN EDGF,S SI+.DOTH, WHEN UNLPOKEN EN F PIPE IS W MANHOI_E,LCAVESQUARE END AND FILL FILLETS AT UPPER SECTION TO DRAIN. THE CSOWN FLEiATIOA OF ALL PIPES r `1 2-12"LONG VC.P JOINTS ' SHALL RE THE SAME AS THE CROWN _ ' AT INLETS AND OUTLET. ELEVATION OF Iv,E LARGEST PIPE 1 UNLESS OTHERWISE INDICATED. 1--»OJ NOTE: THE FIRST TWO PIPE JOINTS INTO __ T. FOR FRAME AND COVER DETAILS,REFER TO AND OUT Cr EACH MANHOLE S4ALLi PLATE S-S, STANDARD MANP^•LE FRAME SEA I SECTION. AND COVER. MANHOLE SHAFT OPENING TO BE FLOW PLACED ON DOWNSTREAM SIDE OF -�' ' - - MANHOLE. LADDER RUNGS ARE 4P� 'C REQUIRED. SEE SECT. 1-05. O ) TOP STEP-3` O R•2XD 4• OTHER STEPS-5" ' —— :'I 1 D ..) 12` PLAN .,. - STIRRUP TYPE SAFETY STEPS SPACED Ifi"O. ARE CAST Ni PLACE AT TIME OF MANUFACTURE.. Ail ' STEP DETAIL PLASTER FILLET _ TOP OF PAVEMENT OR STEP NOTE: EXISTING GRADE. MATERIAL SHALL BE Sg'DIA. STEEL CONFORMING TO ' A.B.T.M. A-15 OR A-107 GALVANIZED AFTER FABRICATION IN ACCORD WITH A.S.TM. A-123. = I I I 1/2"CEMENT MORTAR T 2-3"COLLAR -' -I— SECTIONS 16,x,-_24`� 24• O MANHOLE. 1/2"GROUT BETWEEN � CONE SMALL BE _ ' a ECCENTRIC TO THE DOWN _ STREAM SIDE OF THE p < •'� N ^ _ 48" BEVEL JOINTS. I SCONE DETAIL SEE STEP DETAIL - u WATER TIGHT UPPER RIGHT. a JOINTS(TYP.) 8 e 2I/2" t ex N s ♦ 1-L 'I�SLDQF I%2"GROUT -ve ' SI -4" CROWN ELEVATION TO BE EQUAL JOINT DETAIL BASE POURED AGAINST UNDISTURBED SOIL. STANDARD 48" MANHOLE NOTE: 46"I.D. MANHOLE TO BE USED ON SEWERS 20' IN DIAMETER AND UNDER. CITY OF SAN JUAN CAPISTRANO STANDARD MANHOLE DETAILS 1 1978 1--W D. °� ' '• MIN. 025 AC.OVER O.SU A.B.(TYP.) FEATHCR TO JOIN - COMPACTED COMPACTED BACNFlLL y3°, COMPACTION CF A.B.(TYP) BACKFILL SELECT MATERIAL SELECT MATERIAL ' COMPACT El TO 90COMPACTED TO SO REL.DENSITY, REL.DENSITY. N Y _Z oN \ GRAVEL ROR OCK • \ CLEAN SAND d _ PIPE SUS-GRADEO PIPE SUB-GRADE a :.s a PIPE FOUNDATION LLQ TYPE I TYPE 11 1 � E_ -e:--.oma� � �.• � � �� COMPACTED COMPACTEDo 0 BACKFILL BACKFILL 1 - SELECT MATERIAL SELECT MATERIAL COMPACTED TO 90% COMPACTED TO 90% REL. DENSITY REL. DENSITY u - = CLASS420-C-ZODO CONCRETE N r 0 ` la ' 00 A. PIPE SUB-GRADE _ PIPE FOUNDATION. •�- • 0.60 HAND SHAPED FROM MAXIMUM TO BE DETERMINED _ UNDISTURBED SOIL IN FIELD BY TME CITY ON THE BASIS ' OF MAXIMUM OVCRWIDTH EXCAVATED. . TYPE III TYPE IV NOTES ' 1.THE TRENCH WIDTH ATTHF UPPER LIMIT OF TME PIPE ZONE SHALL BE WITHIN THE FOLLOWING LIMITS FOR TYPE I,U,ANDM BEDDING: MAXIMUM TRENCH WIDTH-O.D.OF PIPE OR BELL PLUS 16" MINIMUM TRENCH WIDTH-O.D.OF PIPE OR BELL PLUS 12" 2.TYPE IV BEDDINO SHALL BE IISEO WHERE THE TRENCN WIDTH AT THE UPPER LIMIT OF THE PIPE ZONE EXCEEDS THE MAXIMUM WIDTH SPECIFIED ABOVE. E.BACKFILL ABOVE THE PIPE ZONE SHALL CONFORM TO THE REQUIREMENTS OUTLINED IN SECTION S06 1.3 OF THE STANDARD SPECS. 4.MINIMUM PAVING SECTION IS .25 AC.OVFR 509LB. OR AS SPECIFIED BY THE CITY ENGINEER. FEATHER AND JOIN TO THE EXISTING PAVEMENT TO ' THE SATISFACTION CF THE CITY ENGINEER. ' CITY OF SAN JUAN CAPISTRANO PIPE KIDDING DETAILS ' 1978 W . (S , ,y, � Inn-, CITY EM131NE FH k C F NO DATE .-440 • �tonnwuouo CLASS 420-C-2000 " 1 4- CASING RPE ...4' A — BACKFILLWITH LEA6RT • • •. . . LEAN GROUT - 'I OVERALL' BELL as \ / CARRIERPIPE I. DIMENSIONS .\ MECH. JOINTS STRAP TWO SKIDS / I'MIN. CL. - - �— TO PIPE �" 040 HOOPS �S'CL. AT 24' D.C. / _TDA CARRIER PIPE SMALL IG REINFORCED CONCRETE ANCHORED AND/OR WEIGHED BEFORE GROUTING TO ENCASEMENT AVOID FLOATING. TYPICAL PIPE CASING CONCRETE ENCASEMENT SMALL BE EXTENDED TO S' FROM BELL AND A ONE FOOT SECTION OF PIPE SHALL BE USED BEFORE AND AFTER THE ENCASEMENT. APPLY FORM O!L OR THIN PLASTIC SHEET OR OTHER ACCEPTABLE MATERIAL TO PREVENT BONDING. LOCATE SEWER WITH A 1-1/24 HIGH'S" CF113LED IN TOP OF COPD WHERE THE LATERAL CROSSES UNDER TI4E CURB. WHERE NO CURS EXISTS OR WHERE THE LATERAL ENDS 0'OR MORE BACK OF CURB,PLACE A 4'X 4''X 3'0" STAKE ., EXTENDING 2•ABOVE FINNISH GRADE. WHERE VCA WYE IS INSTALLED VARIABLE � ,IO WITHOUT HOUSE IATERAL,TME WYE SHALL BE PLUGGED WITH A V.C.PLUG OR NEOPRENE STOPPER. T,K� •I60'MIN.COVER PROPERTY LINE ea' AT PROPERTY 6' L(� LINE / f; + 1/4"PER FOOT MIN SLOPE V.C.OR NEOPRENE STOPPER V.C.P. WYE 1/6 B 1/16 BENDS AS REOURED. •••� • / if o/ • GRAVEL OR CRUSHED - ROCK BEDDING TO - SPRINOLINE OF WYE ANDLOFEET EACH SIDE OF LATERAL. t TYPICAL HOUSE LATERAL j I I CITY OF SAN JUAN CAPISTRANO I PIPE CASING , CONCRETE ENCASEMENT N HOUSE LATERAL L) U� cz a� �/� r�:�ri� .�rriryr Cfir�li�rira 32400 PASEO ADELANTO SAN JUAN CAPISTRANO,CALIFORNIA 92675 PHONE 493-1171 December 14 , 1978 Frost Constructors, Inc. P.O. Box 3071 Long Beach, California 90803 Re: Calle Arroyo Sewer Project Gentlemen: Enclosed is a copy of Resolution No. 78-12-6-4 , which was adopted by the City Council at their meeting of December 6th. The Resolution accepts the work completed for the Calle Arroyo Sewer in the total amount of $75 ,807 . 50. Payments to your company are authorized as follows : 1. $28 ,039. 95 payable immediately; 2. $7 , 580.75 payable upon the expiration of 35 days from the filing of the Notice of Completion. The Notice was recorded on December 11, 1978 , and, consequently, the final payment in the amount of $7 , 580 .75 may be released on January 15 , 1979. Very truly yours, MARY ZZANOVER City Clerk mh Enclosure CC: Director of Public Works Finance Department CONTRACT PROGRESS REPORT. NO. 'FINAL From S.ept. 28. 1978 To October 20, 1978 Contract No. 809,9_12,, Original Contract Price:. $ 60,797 . Date Started 7/ls/7a Project No.. Description CALLE ARROYO SEWER Date CO=pleted 10/20/78 Contractor - Most Constructors Address P.O. Box 3071, Long Beach, CA 90803 . Estimated. Quantity Previous Quantity Unit Iiotal Cc=_ i—.1 No. Description Unit Quantity This Est. Estimate to Date Price 11 to ^ 11. 10" VCP 369 7II r .2. 12" VCP LF Vf 1900 1900 18 100 II 34 200.00 i 3. New 48" M.H. n 4 6 1200 Oto 7,200.00 4. Concrete encasement LF _ 355 Ji 10 100 II 0 5. Remove & replace paving SQ.FT 4030 4030 - 4030 1 110 If 4,433. 00 t 6. Reconstruct existing MH' _ EA 9 2 �3 1 5 1 1 1 400 100 II 2,00 .00 Chanqe Order #1 (Time Extension on jl Change Order #2 (Time Extension on II Change Order #3 I I II �� BnR.Sn II I II I If II I 11 I l I 11 it I i II Prepared By: Date: Total Construction Costs to Date II 75.807.5CL_ C;-,ecked By Date: Less 10% Retention' ( 7,580.75 Total Due to Date 68,226.75 Approved By: Dace: 10/20/78 Previous Payment 140,186.80 6n'tract r Balance Due 28,039.95 Approved By: Anvroved BY: - f�XR3�xx&R$YRAt C Director•9f. Public {Yorks SHEET 1 OF 1 32400 PASEO AOELANTO SAN JUAN CAPISTRANO.CALIFORNIA 92675 `PHONON E 493•t 171 November 21, 1978 Frost Constructors P. O. Box 3071 Long Beach, California 90803 Re: Calle Arroyo Sewer Gentlemen: At the request of the Director of Public Works, the Notice of Completion and Final Report for the Calle Arroyo Sewer was held over to the meeting of December 6th, pending final inspection of the seal coat. If you have any questions, please do not hesitate to call. Very truly yours, LC ce (MRS) MARY `ANN HANOVER City Clerk MAH/cj CC : Director of Public Works TO o . 72400 PASEO AD6LANTO R - F SAN JUAN CAPISTRANO,CALIFORNIj 92675 'PHONE 497.117)�` C2- November 3, 1978 Frost Constructors P. O. Box 3071 Long Beach, California 90803 Re: Completion of Calle Arroyo Sewer Gentlemen: At their meeting of November 1, 1978, the City Council considered the Notice of Completion and Final Report for the Calle Arroyo Sewer. The Council directed that prior to approval of the Notice of Completion a report is to be done on the responsibility for the road conditions. That report is scheduled for the meeting of November 15th. We will notify you of any further action taken. If you have any questions, please contact the Director of Public Works. Very truly yours, (MRS) MARY ANN HANOVER City Cferk MAH/Cj cc : Director of Public Works L 32400 PASEO ADELANTO SAN JUAN CAPISTRANO,CALIFORNIA 92675 PHONE 493.1171 October 19 , 1978 Frost Constructors P. O. Box 3071 Long Beach, California 90803 Re: Calle Arroyo Sewer Gentlemen: At their meeting of October 18 , 1978, the City Council approved Change Order No. 2 , which grants a time extension of 30 days to November 15, 1978 , for the completion of the Calle Arroyo Sewer. If you have any questions, please don't hesitate to call. Very truly yours,(MRS) MAR ANN HANOVER City Clerk MAH/cj cc : Director of Public Works 2400 PASEO ADELANTO' ^t SAN JUAN CAPISTRANO,CALIFORNIA 92675 NONE 193•1 I7I/ September 19, 1978 Frost Constructors P.O. Box 3071 Long Beach, California 90803 Re: Time Extension - Calle Arroyo Sewer Gentlemen: At their meeting of September 6, 1978, the City Council took unanimous action in approving Contract Change Order #1, which grants a time extension for 30 days, or to October 16, 1978, for completion of the Calle Arroyo Sewer project . A copy of the signed Change Order is enclosed for your files . Very truly yours , MARY AW'HANOVER City Clerk mh Enclosure cc: Director of Public Works CALIFORNIA PRELIMINARY NOTICE O ICE ► IN ACCORDANCE WITH SECTIONS 3097,3097.1 and 3098,CALIFORNIA CIVIL CODE YOU ARE HEREBY NOTIFIED THAT . . . CONSTRUCTION LENDER or PACIFIC EQUIPMENT RENTAL Reputed Construction Lender, if any — (name of person or firm furnishing labor, seances,equip- ment or material) CITY OF SAN JUAN CAPISTRANO 3831 E SYCAMORE ORANGE CA 92669 32400 PASEO ALDELANTO (address of person or firm furnishing labor,services,equip- SAN JUAN CAPISTRANO CA 92675 men[or material) has furnished or will furnish labor,services,equipment or materials of the following general description: FOLD HERE ASPHALT SAWING (general description of the labor,services,equipment or material furnished or to be Furnished) for the building, structure or other work of improvement located at: CALLS ARROYO OWNER or PUBLIC AGENCY (address or description of job site or Reputed Owner (on public work) (on private work) sufficient for identification) The name of the person or firm who contracted for the purchase of such labor,services,equipment or material is: CITY OF SAN JUAN CAPISTRANO THIBODO CONSTRUCTION 32400 PASEO ALDELANTO PO BOX 697 SAN JUAN CAPISTRANO CA 92675 VISTA CA 92083 Jf (address of above person or firm) u- r NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, FOLD HERE equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your prop- erty being so improved may be placed against the �- property even though you have paid your contractor In full. You may wish to protect yourself against this c� consequence by (1) requiring your contractor to fur- nish a signed release by the person or firm giving you this notice before making payment to your con- tractor or (2) any other method or device which is ORIGINAL CONTRACTOR or appropriate under the circumstances. Reputed Contractor, if any The person or firm giving this notice is required, pursuant to a collective bargaining agreement, to pay supplemental fringe benefits into an express trust fund (described in Civil Code 43111). Said fund is identified as follows: DAVID FROST INCORP. PO Box 3071 LONG BEACH CA 90803 I (name) J (address) An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: Mailed this date: g (signature) (title) ACKNOWLEDGMENT OF RECEIPT OF PRELIMINARY 20-DAY NOTICE This acknowledges receipt on of a copy of the preliminary 20-day (Insert Datel notice at (Insert Address) Date: (Date this acknowledgment is executed) (Signature of person acknowledging receipt) (Title d acknowledgment is made an behalf of another person) woLOOTTS FORM 1510, REV. 5-7e (PLEASE NOTE REVERSE SIDE) For your assistance the following complete text of Section 3097 and Section 3097.1 of the %;allfor is Civil Code are hereafter quoted.Should you have any doubt as to the usefulness of this form for your purposes you are urged to consult your own attorney. If 3097. ["Preliminary 20-day notice (private work)": Pro- If a notice contains a general description required by sub- cedure.] "Preliminary 20-day notice (private work)" means a division (a) or (b) of the materials, services, labor, or equip- written notice from a claimant that is given prior to the record- ment furnished to the date of notice, it is not defective be- ing of a mechanic's lien and prior to the filing of a stop cause, after such date, the person giving notice furnishes notice, and is required to be given under the following circum- materials, services, labor, or equipment not within the scope stances: of such general description. (a) Except one under direct contract with the owner or one (h)Where the contract price to be paid to any subcontractor performing actual labor for wages, or an express trust fund on a particular work of improvement exceeds four hundred described in Section 3111, every person who furnishes labor, dollars ($400), the failure of that contractor, licensed under service, equipment, or material for which a lien otherwise can Chapter 9 (commencing with Section 7000) of Division 3 of be claimed under this title, or for which a notice to withhold the Business and Professions Code,to give the notice provided can otherwise be given under this title, must, as a necessary for in this section, constitutes grounds for disciplinary action prerequisite to the validityof an claim of lien, and of a notice by the Registrar of Contractors. to withhold, cause to be iven to the owner or reputed owner, Where such notice is required to contain the information set to the original contractor, or reputed contractor, and to the forth in paragraph (6) of subdivision (c), a failure to give such construction lender, if any, or to the reputed construction notice,including such information, that results in the filing of lender, it any, a written prelimiinary notice as prescribed by a lien or the delivery of a stop notice by the express trust this section. fund to which such obligation Is owing constitutes grounds (b) Except the contractor, or one performing actual labor for the disciplinary action by the Registrar of Contractors for wages, or an express trust fund described in Section 3111, against the subcontractor if the amount due such trust fund is all persons who have a direct contract with the owner and not paid. whfurnish labor, service, equipment, or material for which i) Every city, county, city and county, or other governmental a lien otherwise can be claimed under this title, or for which authority issuing building permits shall, in its application form a notice to withhold can otherwise be given under this title, for a building permit, provide space and a designation for the must, as a necessary prerequisite to the validity of any claim applicant to enter the name, branch designation, if any, and of lien, and of a notice to withhold, cause to be given to the address of the construction lender and shall keep the informa- construction lender, if any, or to the reputed construction tion on file open for public Inspection during the regular busi- lender, if any, a written preliminary notice as prescribed by ness hours of the authority. this section. it there is no known construction lender, that fact shall be (c) The preliminary notice referred to in subdivisions (a) noted in such designated space. Any failure to indicate the and (b) shall be given not later than 20 days after the claimant name and address of the construction lender on such applica- has first furnished labor, service, equipment, or materials to tion, however, shall not relieve any person from the obligation the jobsite, and shall contain the following information: to give to the construction lender the notice required by this (1) A general description of the labor, service, equipment, section. or materials furnished, or to be furnished, and if there Is a (jl A mortgage, deed of trust, or other instrument securing a construction lender, he shall be furnished with an estimate loan, any of the proceeds of which may be used for the pur- of the total price thereof in addition to the foregoing, pose of constructing improvements on real property, shall (2) The name and address of such person furnishing such bear the designation "Construction Trust Deed" prominently labor, service, equipment, or materials. on its face and shall state all of the following: (1) the name (3) The name of the person who contracted for purchase and address of the lender, and the name and address of the of such labor, service, equipment or materialsowner of the real property described in the instrument, and (4) A description of the jobsite sufficient for identification. (2) a legal description of the real property which secures the (5) The following statement in boldface type: loan and, if known, the street address of the property. The NOTICE TO PROPERTY OWNER failure to be so designated or to state any of the information If bills are not paid in full for the labor, services, equip- required by this subdivision shall not affect the validity of any ment, or materials furnished or to be furnished, a mechanic's such mortgage, deed of trust, or other instrument, lien leading to the loss. through court foreclosure proceed- Failure to provide such information on such an instrument ings, of all or part of your property beiing so Improved may when recorded shall not relieve persons required to give gre- be placed against the property even though you have paid limmary notice under this section from such duty. your contractor in full. You may wish to protect yourselfThe county recorder of the county in which such instrument against this con5eeuence by (1) requiring your contractor to is recorded shall iindicate in the general index of the official furnish a signed release by the person or firm giving you this records of the county that such instrument secures a con. notice before making payment to your contractor or (2) any struction loan. other method or device which is appropriate under the circum- (k) Every contractor and subcontractor who is required pur- stances, suant to a collective-bargaining agreement to pay supple- (6) If such notice is given by a subcontractor who is re- mentary fringe benefts into an express trust fund described quired pursuant to a collective-bargaining agreement to pay in Section 3111, and who has failed to do so shall cause to be supplemental fringe benefits into an express trust fund de- given to such fund and to the construction tender, if any, or scribed in Section 3111, such notice shall also contain the to the reputed construction lender, if any, not later than five identity and address of such trust fund or funds. days following the date such payment was due to such fund, a If an invoice for such materials contains the information written notice containing: required by this section, a copy of such invoice. transmitted (1)The name of the owner and the contractor. in the manner prescribed by this section shall be sufficient (2) A description of the jobside sufficient for identification. notice. (3) The identity and address of the express trust fund, A certificated architect, registered engineer, or licensed (4) The total number of straiqht-time and overtime hours on land surveyor who has furnished services for the design of each such 10b, payment for which the contractor or subcon- the work of improvement and who gives a prelimiinary notice tractor is delinquent to the express trust, as provided in this section not later than 20 days after the (5) The amount then past due and owing. work of improvement has commenced shall be deemed to Failure to give such notice shall constitute grounds for dis- have complied with subdivisions (a) and (b) with respect to ciplinary action by the Registrar of Contractors. architectural engineering, or surveying services furnished, or (1) Every written contract entered into between a property to be furnished. owner and an original contractor shall provide space for the (d) If labor, service, equipment, or materials have been owner to enter his name and address of residence; and place furnished to a jobsite by a person who elected not to give a of business if any. The original contractor shall make avail- preliminary notice as provided in subdivision (a) or (b), such able the name and address of residence of the owner to any person shall not be precluded from giving a preliminary notice Person seeking to serve notice required by this section [1969 not later than 20 days after furnishing other labor, service, ch 1362 6 1: 1969 ch 1468 F 4: 1971 ch 1284 4 2; 1975 ch 46 S equipment, or materials to the same jobsite. Such person 1: 1976 ch 839 f6 2, 3, operative January 1, 1978.1 shall, however, be entitled to claim a lien and a notice to Note—Stats 1976 ch 839 also provides: 6 5. Section 3 of this withhold only for such labor, service, equipment, or material act shall become operative on January 1, 1978. Witkin Pro- furnished within 20 days prior to the service of such notice, cedure 2d, pp 1005, 1006,Summary(6th ed)p 1509. and at any time thereafter. 1. 53097. (e) Any agreement made or entered into by an owner, [Proof of service of prelien notice.] Proof that the g whereby the owner agreees to waive the rights or privileges preliminary 20-day notice required by Section 3097 was conferred upon him by this section shall be void and of no served in accordance with subdivision (f) of Section 3097 shall effect. be made as follows: Of The notice required under this section may be served (a) If served by personally delivering the notice to the Par- as follows: son to be notified, or by leaviing it at his address or place of (1) If the person to be notified resides in this state, by de- business with some person In charge, or if served by mail, by liveriinq the notice personally, or by leaving it at his address an acknowledgment of receipt of the notice in a form sub- of residence or place of business with some person in charge, stantially as follows: or by first-class registered or certified mail, postaee prepaid, _ addressed to the person 10 whom notice is to be given at his Signature of Sender ACKNOWLEDGMENT OF RECEIPT r residence or place of business address or at the address shown by the buildinq permit on file with the authority issuinoOF a building permit for the work, or at an address recorded PRELIMINARY ACKNOWLEDGMENT NOTICE pursuant to subdivision (j)of this section. This acknowledges receipt on (insert date) of a copy of the (2) If the person to be notified does not reside in this state, preliminary 20-day notice at (insert address). by any method enumerated in paragraph (1) of this subdivi- Date:_ _ sign, If such person cannot be served by any of such methods, (Datethis acknowledgment then notice may be given by first-class certified or registered is executetl) mail, addressed to the construction lender or to the original contractor. Signature of person of person acknowledging (3) When service is made by first-class certified or regis- receipt, with title if acknowledgment is made tered mail, service is complete at the time of the deposit of on behalf of another person such registered or certified mail. (b) if a person to whom the notice is served pursuant to (g) A person required by this section to give notice to the subdivision (f) of Section 3097 fails to complete the acknowl- owner and to an original contractor, and to a person to whom ecament or fails to complete and return the acknowledgment a notice to withhold may be given, need give only one such within 30 days from the date of mailing, proof of service may notice to the owner, and to the original contractor and to the be made by affidavit of the person making such service, show- person to whom a notice to withhold may be given with ing the time, place and manner of service and facts showing respect to all materials, service, labor, or equipment he fur- that such service was made in accordance with Section 3097, nishes for a work of improvement, which means the entire Such affidavit shall show the name and address of the person structure or scheme of improvements as a whole, unless the to whom a copy of the preliminary 20-day notice was de- same is furnished under contracts with more than one sub- livered, and, if appropriate, the title or capacity in which he contractor, in which event, the notice requirements must be was served. If service was made by mail, the receipt of certifi- met with respect to materials, services, labor, or equipment cation or registration shall be attached to the affidavit, [1975 furnished to each such contractor. ch 46 F 2. REINSTATEMENT NOTI40 YOU ARE HEREBY NOTIFIED THAT THIS POLICY. ISSUED BY THE INSURANCE COMPANY INDICATED BELOW AND HERETOFORE CANCELLED BY CANCELLATION NOTICE. IS REINSTATED IN FULL FORCE AND EFFECT AS OF THE EFFECTIVE DATE SHOWN BELOW. THIS POLICY WAS NOT IN FORCE DURING THE PERIOD. IF ANY. BETWEEN THE EFFECTIVE DATE OF CANCELLATION AND THE EFFECTIVE DATE OF REINSTATEMENT. NAMED INSURED: PRODUCER: PROD. CODE NUMBER G. R. FROST, INC. BUTLER, CHRISTIAN & DUNK P. 0. BOX 3071 3205 TYLER AVENUE 1190 LONG BEACH, CA. 90801 EL MONTE, CA. 91734 POLICY NUMBER EFFECTIVE DATE OF REINSTATEMENT COMPANY OFFICE DATE OF MAILING .0 DAY YR ❑12:00 Noon Standard Time O 12101 A.M.Standard Time xx At The FO]CC 20-352-085795 Insured As Stated Address LOS ARMES 08-08-78 �r-AE THE CANCELLED POLICY HAS BEEN REINSTATED AS INDICATED A13OVE: WITHOUT LAPSE IN COVERAGE. WITH LAPSE IN COVERAGE FROM TO ,�t�onau!E�nau2afue �a»c�(lanic+b A STATEMENT FOR THE REINSTATEMENT PREMIUM WILL BE SENT. NO PREMIUM CHARGE WILL BE MADE FOR ANY PERIOD ] ARGONAUT INSURANCE COMPANY OF TIME THE CANCELLATION WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS REINSTATEMENT. ❑ ARGONAUT-MIDWEST INSURANCE COMPANY ❑ ARGONAUT-NORTHWEST INSURANCE COMPANY ❑ ARGONAUT-SOUTHWEST INSURANCE COMPANY LOSS PAYEE OR MORTGAGEE ❑ GEORGIA INSURANCE COMPANY I / cc: CERTIFICATE—HOLDERS (7) AUTHORIZED REPRESENTATIVE UND-145 R-3 ya. AUG y w `.CJCNCELLATION NOTICE: TAKE ROTI r THE POLICY NUMBERED BELOW ISSUED BY TH�PANY INDICATED IS CANCELLED IN ITS ENTIRETY AS TO ALL INTERESTS INSURED ON THE EFFEC ATE AND HOUR OF CANCELLATION SHOWN BELOW LIABILITY OF THE COMPANY UNDER SUCH POLICY SHALL CEASE ON THE EFFECTIVE DATE OF CANCEeEATION SHOWN WITHOUT FURTHER NOTICE. Fi - PROD. CODE NAMED INSURED: - PRODUCER: NUMBER F ann, CHAIB!%" 4 1190 6« X. yam, in. P. 0. BOC 3071 3203 Tn" ASE LONG WAC&, CA- 9MI BL NI)MR, CA. 917A L J L J POLICY NUMBEREFFECTIVE DATE OF CANCELLATION COMPANY OFFICE DATE OF MAILING FOLDMO. DD�AY_ YR. X7200 NOONAT THE OUR STANfDARD H EREJ CC 20-352-Q85745 y�--7S ]z.01 AM STANDARD06-11114 E AT POLICY ADDRESS I1 �/AIL IS ARGONAUT INSURANCE COMPANY ❑ ARGONAUT -SOUTHWEST INSURANCE COMPANY ❑ ARGONAUT-NORTHWEST INSURANCE COMPANY LOSS PAYEE, MORTGAGEE OR CERTIFICATE-HOLDER ❑ ARGONAUT-MIDWEST INSURANCE COMPANY F CC: CRIMPICATE-BOLD03 (7) ❑ GEORGIA INSURANCE COMPANY L _j AUTHORIZED REPRESENTATIVE LOSS PAYEE OR MORTGAGEE U.d 73 R4 SAN JUAN CA{iS i[A+.(., C.-Zli: n.N(A 55575 i7; June 22, 1978 Frost Constructors P. 0, Box 3071 Long Beach, California 90803 He: Award of Bid - Sewer Main in Calle Arroyo Gentlemen: At their meeting of June 21 , 1978, the City Council awarded the contract for the Installation of 12" and 10" Sewer Main in Calle Arroyo to your company. Enclosed are two contracts which Rave been signed by Mayor Friess. Please complete both and return one fully executed contract with all required bonds and insurance back to this office. Ile I am enclosing Pages Nos , 12 through 26 of the bid document for your information. Please note the provision on Page 13 for bonds required by the City and the insurance provisions on Pages 23 and 24, If I can be of any help to you, please do not hesitate to call my office. Very truly yours , i (AIRS) MARY ANN HANOVER City C1erli MAH/cj Enclosures cc : Director of Public Works �a//e .�rrnuo sewer B I D SUMMATION PROJECTV 6w/ DA7E E rreer's Esfl?natE Fwc CixstrvC/orS 1j'L--rtay C6Yr�f/'UC// ITEM DESCRIPPTION QUANT UNIT UNIT PRICE TOTAL UNIT PRIC TOTAL UNIT PRICE TOTAL Furms� 4rmad/ ALYCE 3618 L. !//(>. eo Z !. a/ /Z"l/C.f? /s9 L. . /6 3/-5-yv- 3 /Zoo=-" 7 Zoo 300za s Z-1.611 "rre/ SewCr Esse 35S G.f. /$ - 5- =o S e_ 1Z e' Z60 S ov v E 3p S.F. 90 �jsa� L v°/33 °—' 8sZ G xs f rt Y Eq. soo 2 000 -' yoo� oo°� 35-6 / oo eSS 000 a I I , Sill) (0/1, 11AIll �OYo 5 p-e /W I OU '1,)-( .t: _ -7 3 C`N 1 :1�_ L�14 _�3�__3k7C� - o � spa °130 � n