1985-0319_PACIFIC FENCE CO_ContractEXEMP S5--097014
C11
RECORDED AT THE REQUEST OFRECE)VED RECORDING FEES EXEMPT DUE TO
AND RETURN TO: GOVERNMENT CODE SECTION 6103
City of San Juan CapisVfa$o 1153 AN'8
City Clerk's Department CITY CLERK
32400 Paseo Adelanto DEPARTMENT Mary Aft Rdnover, City Clerk
San Juan Capistrano, CA dyTSAH City of San Juan Capistrano, CA
JUII Af ;t; ,, .
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the
City Council of the City of San Juan Capistrano, California, to
Pacific Fence Company, 20522 East Carrey Road, Walnut, California,
91789, for the performance of the following work:
CONSTRUCTION OF DECORATIVE FENCE AT CAPISTRANO
ACRES MUTUAL WATER COMPANY WELL SITE
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 19th day of March 1985, by Resolution
No. 85-3-19-5
That upon said contract the Fairmont Insurance Company was surety for
the bonds given by the said company as required by law.
Dated at San Juan Capistrano, California, this 20th day of
March , 1985.
Mary A�adover, City C1Cl r" koiF
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 20th day of March , 1985.
IN
OF
.2 00 PM
;IAL RECORDS
Y CALIFORNIA
Mary ArIM HcOlover, City C1 rk ot
W 21.85 ' the City of San Juan Capistrano
COUNTY
"1 Q RECORDER
• • "City"
CONTRACT
This contract is made and entered into by and between the
CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and
Pacific Fence hereinafter
referred to as CONTRACTOR.
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
FIRST. CONTRACT DOCUMENTS. The contract documents shall be
considered to include the Notice Inviting Bids, the Instructions
to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affi-
davit, the Designation of Sub -Contractors, the Contract which is
prepared for execution by the City and the Contractor, plans,
specifications and special provisions, contract bonds, resolu-
tions adopted by the City Council pertaining to the work, in-
surance policies and certificates, and any supplemental written
agreements amending or extending the -scope of the work originally
contemplated that may be required to complete the work in a
substantial and acceptable manner.
SECOND. THE WORK. CONTRACTOR agrees to furnish all tools,
labor, material, equipment, transportation, and supplies neces-
sary to perform and complete in good and workmanlike manner the
construction of fence at Capistrano Acres Mutual water
ComQanv well Site in strict confor-
mity with the Plans, Specifications and all other contract docu-
ments, which documents are on file at the Office of the City
Clerk, Citv Hall, 32400 Paseo Adelanto, San Juan Capistrano,
California.
THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to
accept, the lump sum adjusted for variations of quantities, at
the prices designated in bid proposal at the time and in the
manner set forth in the Specifications.
FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR
agrees to begin and complete the work within the time specified
in the Notice Inviting Bids. it is agreed that it would be im-
practicable and extremely difficult to fix.the actual amount of
damages, and loss sustained by City, should CONTRACTOR fail to
complete the wort in the specified time; therefore, CONTRACTOR
shall pay City, as liquidated damages, not in the nature of a
penalty, one hundred dollars ($100) a day for each day delayed;
provided that extensions of time with waiver of liquidated
damages, may be granted as provided in the Specifications.
FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR
agrees to furnish bonds guaranteeing the performance of this con-
tract and guaranteeing payment of all labor and material used under
this contract, as required by the laws of the State of California,
on forms approved by City. The Performance Bond shall be for an
amount of one hundred percent (1-00%) of the amount of this contract
and shall be conditioned on full and complete performance of the
contract, guaranteeing the work against faulty workmanship and
materials for a period of one (1.) year after completion and ac-
ceptance. The Labor and Material Bond shall be for an amount of
one hundred percent (100%) of the amount of this contract and shall
be conditioned upon full payment of all Labor and :Material entering
into or incidential to the work covered by this contract. CONTRACTO=
agrees to furnish the bonds on the forms found within the Specifica-
tions.
CONTRACTOR agrees to pay City such sum as the Court may judge as
reasonable for the legal services of any attorney representing the
City in any action brought to enforce or lnter^„ret the obligations
of this agreement, and such sums shall be rade a part cf any
judgement in such action against CONTRACTOR is such actio- is
determined in favor of said City. The required Performance and
Labor and Materials Bonds and Bid Bond shall provide that the sure`v
shall pay attorney's fees incurred by City in enforcing this
agreement•
-17-
SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant
to the Labor Code of the State of California, copies of the
prevailing rate of per diem wages, as determined by the Director
of the State Department of Industrial Relations, are on file in
the offices of the City Clerk, 32400 Paseo Adelanto, San Juan
Capistrano, California, and are hereby incorporated and made a
part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR
under him, shall pay not less than the foregoing specified
prevailing rates of wages to all workmen employed in the execution
of the contract.
SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during
this contract liability and property damage insurance naming the
City and its elected and appointed officials as a names insured,
which such policies shall be of an amount not less than One Million
Dollars combined single limit.
The insurance policies shall bear an endorsement or shall have an
attached rider providing that in the event of expiration or
proposed cancellation of such policies for any reason whatsoever,
the City shall be notified by registered mail, return receipt
requested, giving a sufficient time before the date thereof to
comply with the applicable law or statute but in no event less
that 30 days before expiration or cancellation is effective.
CONTRACTOR shall provide to City the policy certificate establishing-
that
stablishingthat the required level of insurance has been satisfied.
CONTRACTOR shall indemnify and save harmless the City, its officers,
agents, and employees from and against any and all claims, demands,
loss or liability of any kind or nature which Lessor, its officers,
agents and employees may sustain or incur or which may be imposed
upon them or any of them for injury to or death of persons, damace
to property as a result of, or arising out of, or in any manner
connected with the performance of the obligations under this con-
struction agreement.
EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO
PUBLIC CONTRACTS. City is subject to the provisions of the
Government Code and the Labor Code of the State of California.
It is stipulated and agreed that all provisions of law applicable
to public contracts are a part of this contract to the same
extent as though set forth herein and shall be complied with by
CONTRACTOR. These include, but are not limited to, the stipu-
lation that eight (8) hours labor constitute a legal day's work
and CONTRACTOR shall, as a penalty to City, forfeit twenty-five
dollars ($25) for each workman employed in the execution of the
Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each
calendar day during which such workman is required or permitted
to work more than eight (8) hours in violation of the provisions
of Article Three, Chapter One, Part Seven, Division 2, of the
California Labor Code, except as permitted by law.
IN WITNESS WHEREOF, this contract is executed by the duly
authorized agent(s) of City, pursuant to Council action, and by
CONTRACTOR on the date set before the name of each.
CITY OF SAN JUAN CA°IST RANO
DATED: January 8, 1985 BY
ATTEST:
J
Mary Ann, ahov r, City Clerk
APPROVED AS TO FORM:
Jo R. Shaw, City Attorney
/GYry I,! Hausdorfer, Mayor
BY Guy
Pacif' e/��(J: e
-19-
• �ty„
LETTER AGREEMENT FOR FENCE CONSTRUCTION
The purpose of this Letter Agreement is to establish the
responsibilities and obligations of the parties participating. The
parties are the City of San Juan Capistrano, hereinafter referred to as
"City", Ortega Properties, hereinafter referred to as "Ortega", and
Capistrano Acres Mutual Water Company, hereinafter referred to as "Water
Company". These parties agree as follows:
1. City, as agent for Assessment District 78-3, shall prepare plans,
specifications, and contract documents to construct a decorative
fence around Water Company's well site designated as Parcel 1 in
the "Amended Engineer's Report for Assessment District 78-3, Ortega
Properties, January 1980."
2. City shall fund the construction of that portion of fence parallel
and contiguous to Calle Arroyo through the use of funds held in
reserve for Assessment District 78-3. Ortega shall fund the
balance of the construction of said fence. Refer to sketch 1
attached to and made a part of this Agreement.
3. City shall commence preparation of said plans, specifications and
contract documents upon receipt of a cash deposit in the amount of
$5,000.00. Said deposit is the estimated amount of Ortega's fiscal
obligation. Refer to sketch 1.
4. City shall establish an actual construction cost upon advertising
for and receiving bids. For purposes of this Letter Agreement,
said actual construction costs shall consist of the lowest
responsible bid plus 10% contingencies, plus 3% for City
Inspection, plus 20% for City Administration, design and surveying.
City shall refund to Ortega any surplus of funds deposited by
Ortega as a result of the actual construction costs. Should the
$5,000.00 deposited by Ortega be inadequate to cover the actual
construction costs, any additional funds required shall be provided
by Water Company.
5. City shall award a contract to the lowest responsible bidder and
cause said fence to be constructed.
6. Upon acceptance of the construction, City shall refund any excess
funds to Ortega, or Water Company shall provide monies in the
amount of deficient funding that has accrued.
7. Water Company hereby provides City the right to enter upon said
Parcel 1 to construct said fence.
8. Water Company shall provide approval of said plans and fence in a
timely manner.
DATED: October 2, 1984 CITY OF SAN JUAN APISTRANO
By:
ATT/EST_:0 %%�� RY . HAUSDORFER, MAY
QfZ
1�IARY AI3PC HAVER, CITY/ CLE K
•
DATED: � - / - F -y
Ortega Properties
By: /7 w -4/
�cw a
DATED: Capistrano Acres Mutual Water Company
APPROVED AS TO FORM:
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BIDS, CONTRACTS, AGREEMENTS
Written Communications:
Report dated March 19, 1985, from the Director of Public
Works, requesting that construction of the fence at the
Capistrano Acres Mutual Water Company well site by Pacific
Fence Company be accepted as complete; the fence will be
owned and maintained by the Capistrano Acres Mutual Water
Company.
Payment status was as follows:
Total Construction Costs $6,130.92
Less 108 Retention 613.09
Payment Due Contractor 5,517.83
Costs of the fence were shared by the Ortega Properties and
Assessment District 78-3 as follows:
Assessment District Total $3,148.38
Ortega Properties Total 4,392.65
Ortega Properties had deposited $5,000 toward the
construction and will receive a refund of $607.35.
Acceptance of Work:
It was moved by Councilman Bland, seconded by Councilman
Buchheim that the following Resolution be adopted:
bVA 5
:.` �. � J, t �i.i:. �!,�.. .. e ek.0 � tL..
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A1'1'L'i rr.'W\. %-UMrAW1) - h 1CL•JVLU 1'1 V1V VZ L
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
THE DECORATIVE FENCE AT THE CAPISTRANO.ACRES
MUTUAL WATER COMPANY WELL SITE (PACIFIC FENCE
COMPANY)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution accepted the work as complete in the amount
of $6,130.92 and directed the City Clerk to forward a Notice
of Completion to the Orange County Recorder. Staff was
authorized to make payment in the amount of $5,517.83 to
Pacific Fence Company; payment of $613.09 to Pacific Fence
Company and a refund of $607.35 to Ortega Properties were
authorized 35 days after recordation of the Notice of
Completion.
AGENDA ITEM
March 19, 1985
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Resolution, Notice of Completion and Final Report -
Decorative Fence, Capistrano Acres Mutual Water Company
Wellsite (Assessment District 78-3, Ortega Properties)
SITUATION:
Staff is requesting that the construction of the fence at the
Capistrano Acres Mutual Water Company be accepted as complete.
The fence was installed by Pacific Fence Company of walnut,
California. It is important to note that the acceptance of the
work will not constitute acceptance of the fence, for it is to
be maintained and owned by the Capistrano Acres Mutual Water
Company. The City, acting as the agent for the Ortega Properties
Assessment District, administered the construction of the fence.
A representative of the Water Company has accepted the work as
complete.
COMMISSIONS/BOARDS REVIEW, RECOMMENDATION:
Not applicable
FINANCIAL CONSIDERATIONS:
A tabulation of the costs appear below:
Total construction costs $6,130.92
Less 10% retention 613.09
Payment due contractor $5,517.83
The 10% retention shall be paid 35 days after filing the Notice of
Completion with the County Recorder.
The costs of the fence were shared by the Ortega Properties Assess-
ment District and Ortega Properties through a previously approved
letter agreement. Ortega Properties deposited $5,000 toward the
construction and are due a refund at the time the retained funds
are paid to Pacific Fence. The amount of participative funds are
indicated below:
Item
City/Assessment District Ortega
Properties
Total
Fence
$2,559.66
$3,571.26
$6,130.92
Design & Admin.(20%)
511.93
714.25
1,226.18
Inspection (3%)
76.79
107.14
183.93
$3,148.38
$4,392.65
$7,541.03
A refund of $607.35
is due Ortega Properties
after the
notification
period of 35 days.
fit":r'i {'{r{ C�El;Cr� AGENDA ;,
•
AGENDA _ITEM -2- March 19, 1985
ALTERNATE ACTIONS:
1. Accept the work and approve the refund.
2. Accept the work and adjust the amount of the refund.
3. Do not accept the work.
RECOMMENDATION:
By Resolution, accept the work on behalf of the Capistrano Acres
Mutual Water Company and direct Staff to record a Notice of
Completion with the County Recorder and, by motion, direct Staff
to reimburse Ortega Properties in the amount of $607.35 when
retained funds are released to Pacific Fence Company.
------------------------------------------------------------------
------------------------------------------------------------------
Respectfully submitted,
�J.N) AL, W. D. Murp yy
WDM/GML:ol
attachment
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�J
RESOLUTION NO. 85-3-19-5
DECORATIVE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF THE
DECORATIVE FENCE AT THE CAPISTRANO ACRES
MUTUAL WATER COMPANY WELL SITE (PACIFIC
FENCE COMPANY)
WHEREAS, on the 8th day of January, 1985, the City of
San Juan Capistrano entered into a contract with Pacific Fence
Company, for the construction of the Decorative Fence at the
Capistrano Acres Mutual Water Company Well Site; 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 $6,130.92.
SECTION 3. That the work is hereby accepted and
approved, and that the Capistrano Acres Mutual Company, as of
this date, assumes ownership of said Fence.
SECTION 4. The City Clerk is directed to forthwith
forward a 'No�f Completion" to the County Recorder of the
County of Orange for recording.
PASSED, APPROVED AND ADOPTED this
March 1985
&L�,/ " -
Y L/ HAUSDORFER, MAY
ATTEST:
19th day of
-1-
RECEIVED
3$400 PASEO ADELANTO'
SAN JUAN CAPISTRANO. CALIFORNIA 92675
CITY C'i ERK
- PNdN6:493.117Y DEPART?�E4T
CIT" ( r 7. 4.
JUAN CX
January 15, 1985
Pacific Fence
20522 East Carrey Road
Walnut, California 91789
Re: Award of Contract - Fence at Capistrano Acres
Mutual Water Company Well Site
Gentlemen:
At their meeting of January 8, 1985, the City Council awarded the
contract for the fence at Capistrano Acres Mutual Water Company Well Site to
your company at $6,130.92.
Enclosed are two copies of the contract. Please sign and date both
contracts and return the "City" copy to this office along with all required
bonds and insurance within 15 days. If you fail to execute said Agreement and
furnish said bonds and certificates of insurance within 15 days from the date
of this Notice, the City will be entitled to consider all your rights arising
out of the City's acceptance of your bid to be abandoned and as a forfeiture
of your Bid Bond. The City will be entitled to such other rights as may be
granted by law. You are required to return an acknowledged copy of this
Notice of Award.
I am enclosing Pages 14, 15, and 27 of the bid documents which cite
the City's requirements for bond and insurance amounts. The City is also to
be named as an additional insured pursuant to the Standard Specifications for
Public Works Construction. These requirements must be met as stated before
the contract is effective.
If I can be of any help to you, please do not hesitate to call. Thank
you for your cooperation.
Very truly yours,
MARY ANN HANOVER, CMC
City Clerk
MAH/mac
Enclosures
CC: Director of Public Works
Director of Administrative Services
r✓ReceJ' of the for oing Notice,of Award is hereb
By Q.41.���r A (:J7
this / 7 day of ,ti. 1985.
2. AWARD OF BID - FENCE AT CAPISTRANO ACRES MUTT
Written Communications:
Report dated January 8, 1985, from the Director of Public
Works, forwarding results of bids received for installation
of decorative fencing around the Capistrano Acres Mutual
Water Company well site. The report set forth cost
allocations between the City/Assessment District and Ortega
Properties, and advised that sufficient funds were
available. The fence will be constructed pursuant to an
agreement between the City, the Water District, and Ortega
Properties, approved by Council on October 2, 1984.
Award of Bid:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried to award the contract for
construction of the fence at the Capistrano Acres Mutual
Water Company well site to Pacific Fence, of Walnut, in the
amount of $6,130.92, and to reject all other bids. The
Mayor and City Clerk were authorized to execute the contract
on behalf of the City.
1) � j g5
AGENDA ITEM
0
January 8, 1985
TO: Stephen B. Julian, City Manager
FROM: W.D. Murphy, Director of Public Works
SUBJECT: Award of Bid --
Fence At Capistrano Acres Mutual Water Company
SITUATION
Bids have been received to install the decorative fence
around the Capistrano Acres Mutual Water Company well -site.
The construction of the fence is part of an agreement be-
tween the City, the water district and Ortega Properties.
The City in this case is acting as the agent for the
Ortega Properties Assessment District. Staff is recommending
award of the contract to the low bidder, Pacific Fence.
FINANCIAL CONSIDERATION
The engineer's estimate was $7,000. The bids were:
Pacific Fence $6,130.92
South Coast Landscape $7,100.00
Alcom Fence Company $10,790.00
In accordance with the agreement and based on the low bid,
the costs are to be allocated as follows:
Item City/Assess.Dist Ortega Properties Total
Fence $2,559.66 $3,571.26 $6,130.92
Contingencies
(10%) 255.97 357.12 613.09
Design & Admin.
(20%) 511.93
Inspection (3%) 76.79
714.25 1,226.18
107.14 183.93
$3,404.35 $4,749.77 $8,154.12
Ortega Properties has deposited $5,000 to fund their allocated
amount of the work. Sufficient funds are on hand to final
the assessment district's portion of the work.
COMMISSIONS/BOARD. REVIEW -RECOMMENDATION
Not applicable.
TI
AGENDA ITEM
•
January 8, 1985
Page 2
ALTERNATE ACTIONS
1. Approve the bid.
2. Do not approve the bid and readvertise with direction
to staff.
3. Cancel the project.
RECOMMENDATION
By motion approve the bid of $6,130.92, award the contract
to Pacific Fence, reject all other bids, and authorize
the Mayor and the City Clerk to sign the agreement.
Respectfully submitted,
W. D I Mur Hy -11- I
WDM/GML/hw 1
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0
Bond No. FB 002838
Prem. Amt;$55.00
FAIRMONT INSURANCE COMPANY
PERFORMANCE BOND
CALIFORNIA PUBLIC WORK
KNOW ALL MEN BY THESE PRESENTS,
That we, Pacific Fence
20522 East Carrey Road, Walnut, CA 91789
and Fairmont Insurance Company
organized and existing under the laws of the State of _ California
transact surety business in the State of California, as Surety, are held and firmly bound
as Principal,
a Corporation
authorized to
City of San Juan Capistrano (hereinafter called the Obligee),
in the sum of Six thousand one hundred thirty & 92/100 --------------
ars ($6,130.92 )
for the payment whereof well and truly to be made and we each of us bind ourselves, our heirs, executors, ad-
ministrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that, Whereas, the above named bounded principal entered
into a contract dated
work, to wit:
19 with the said Obligee to do and perform the following
Fence at Capistrano Acres Mutual Water Company Well Site
a copy of which contract is or may be attached hereto, and is hereby referred to and made a part hereof.
NOW, THEREFORE, if the above bounden principal shall well and truly perform the work contracted to be per-
formed under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
No right of action shall accrue under this bond to or for the use of any person other than the said Obligee.
SIGNED AND SEALED this 18th day of Jamiary , 1925
5-302 (10-83)
State of California
County of Los Angeles SS
On this 18th
day of
January
in the year 19 85
— before me personally
appeared Arthur J. Clement, Jr. —personally known to me
Attorney In -Fact
(or proved to me an the basis of satisfactory evidence) to be the person whose name is Subscribed to this instrument as the
Attorney -in -Fact of- Fairmont Insurance Company , and acknowledged to me that he subscribed the name of the said
company thereto as surety, and his own name as Attornev-in-Farr
Orl,'AL SEAL
iqp�,PJET LAMBELL
X,
(Notary Public)
S-318 (10-83) —cio"
0 1 - 0
State of California
SS.
County of Los Angeles
Tanna P. Handley, personally known to me, was by me duly sworn, and did depose and say: that she resides
in the State of California; that she is the duly elected Secretary of FAIRMONT INSURANCE COMPANY,
the corporation described in and which executed the above instrument; that she knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority
of her office under the Bylaws of said corporation, and that she signed her name thereto by like authority.
Subscribed and sworn to me this 4th day of October, 1983.
ENOTARY
FFICIAL SEAL lG
DITH A DE SELLEM
m PUBLIC - CALIFORNIA 1 Signature
OS ANGELES COUNTY
mm. expires DEC 13, 1983 Judith A De Sellem
Notary Public in and
4405 RWerside Dr., #204, Burbank, CA 91505 for said County and State.
CERTIFICATION
I, Patricia J. O'Brien, Assistant Secretary of FAIRMONT INSURANCE COMPANY, certify that the forego-
ing power of attorney, the above quoted Sections 13. and 14. of Article IV of the Bylaws, and the Resolution
of the Board of Directors of October 4, 1983 have not been abridged or revoked and are now in full force
and effect.
Signed and Sealed at Burbank, California, this day of
APR. 10 :3v
1970
CAL I F °�•
, 19
(?41, . %��
Patricia J. O'B ' , Assistant Secretary
FA_ -tMONT INSURANCE COMP,__iY
Burbank, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and
appoint
ARTHUR J. CLEMENT, JR
Of BURBANK, CA
California as its true lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Com-
pany as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,
undertakings, recognizances, 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,
and to bind FAIRMONT 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 Bylaws of the Company, which Bylaws
are now in full force and effect:
ARTICLE IV, Section 13. ATTORNEYS -IN -FACT AND AGENTS. The chairman of the board, the president, the vice
president, the chief financialofficer, ort the secretary o the corporation may appoint attorneys -in -fact or agents with power
and authority, as defined or limited in their respective powers of attorney, for and on behalf of the corporation to execute
and deliver, and affix the seal of the Corporation thereto, bonds, undertakings, recognizances, consents of surety or
other written obligations in the nature thereof and any of said oficers may remove any such attorney-in-fact or agent
and revoke the power and authority given to him or her.
ARTICLE IV, Section 14. AUTHORITY TO BIND. Any bond, undertaking, recognizance, consent of surety or written
obligation in t e nature t ereo s a e va an binding upon the corporation when signed by the chairman of the
board, the president, the vice president, the chief financial officer, or the secretary of the corporation and duly attested
and sealed, if a seal is regwired, by the secretary or assistant secretary, or shall be valid and binding upon the corporation
when duly executed =red
if a seal is required, by a duly authorized attorney-in-fact or agent, pursuant to and
within the limits of the authority granted by his or her power of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called
and held on the 4rd day of October, 1983:
RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, 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 consent of surety or other written obligation in the nature thereof; such signature
and sea1, when so used, being hereby adopted by the corporation as the original signature of such officer and the original
seal of the corporation, to be valid and binding upon the corporation with the same force and effect as though manually
affixed.
IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 4th day of October, 1983,
.
Printed m U S.A.
SPA -0
FAIRMONT INSURANCE COMPANY
ro , By
.2c
5t/; a4*
Tanna P. Handley, Secret
(Over)
Bond No. FB 002838
FAIRMONT INSURANCE COMPANY
PAYMENT BOND
CALIFORNIA PUBLIC WORK
KNOW ALL MEN BY THESE PRESENTS,
That we,
Pacific Fence
as Principal, and Fairmont Insurance Company a Corporation
organized and existing under the laws of the State of California
and authorized to transact surety business in the State of California, as Surety, are held and firmly bound
unto ['he City of San Juan Capistrano
Obligee, in the aggregate total of Six thousand one hundred thirty & no/100---------
--------------------------------------------- Dollars ($ 6130.92 ),
for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors, ad-
ministrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has by written agreement dated
entered into a Contract with The City of San Juan Capistrano
for Fence at Capistrano Acres Mutual Water Company Well Site
NOW, THEREFORE, if the Principal or his subcontractors, shall fail to pay any person named in Section 3181 of the
Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work
or labor performed by any person named in Section 3181 of the Civil Code of the State of California, or for any
amounts required to be deducted, withheld, and paid over to the Employment Development Department from the
wages of employees of the Principal and his subcontractors pursuant to Section 13020 of the Unemployment In-
surance Code, with respect to such work and labor, the Surety will pay for the same in an aggregate amount not ex-
ceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee,
to be fixed by the Court in accordance with Section 3250 of the Civil Code of the State of California.
This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so
as to give a right of action to such person or his assigns in any suit brought upon this bond.
SIGNED AND SEALED this
85
19_
Y
k
S-303 (10-83)
18th
day of January
Pacific Fence
Principal
(kL
By
Arthur//X. Clement Jr.(::)Attorney-in-fact
State of California
County of Los Angeles
appeared
On this 18th day of lanuarp in the year 19 -851before me personally
Arthur J. Clement, Jr.
personally known to me
Attorney In -Fall
(or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the
Attorney -in -Fact of. Fairmont Insurance Company , and acknowledged to me that he subscribed the name of the said
company thereto as surety, and his own name as Attorney-in-Fact.
0,.;al s
W�A, PItlMP t -i
P f/t✓f.G�- !oy -�
1 >''� F _
-a rr (Notary Public)
S-318 (10-83)
0
State of California
S.
County of Los Angeles
0
Tanna P. Handley, personally known to me, was by me duly sworn, and did depose and say: that she resides
in the State of California; that she is the duly elected Secretary of FAIRMONT INSURANCE COMPANY,
the corporation described in and which executed the above instrument; that she knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority
of her office under the Bylaws of said corporation, and that she signed her name thereto by like authority.
Subscribed and sworn to me this 4th day of October, 1983.
OFFICIAL SEAL
JUDITH A DE SELLEM
NOTARY PUBLIC - CALIFORNIA Signature
LOS ANGELES COUNTY -
My comm. expires DEC 13, 1983 Judith A De Sellem
Notary Public in and
4405 Riverside Dr., #204, Burbank CA 91505 for said County and State.
CERTIFICATION
I, Patricia J. O'Brien, Assistant Secretary of FAIRMONT INSURANCE COMPANY, certify that the forego-
ing power of attorney, the above quoted Sections 13. and 14. of Article IV of the Bylaws, and the Resolution
of the Board of Directors of October 4, 1983 have not been abridged or revoked and are now in full force
and effect.
Signed and Sealed at Burbank, California, this
'o�;•`-coWO�Jta 4"05
a i APR, 10 e
rdu- 1970
18th day of January 19 85 .
gaze�4. V&i,�
Patricia J. O'B i , Assistant Secretary
FA__.MONT INSURANCE COMP,•_AY
Burbank, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS;
That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and
appoint
ARTHUR J. CLEMENT, JR
Of BURBANK, CA
California as its true lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Com-
pany as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,
undertakings, recognizances, 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,
and to bind FAIRMONT 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 Bylaws of the Company, which Bylaws
are now in full force and effect:
ARTICLE IV, Section 13. ATTORNEYS -IN -FACT AND AGENTS. The chairman of the board, the president, the vice
president, the chief financialofficer, ort aecret
sarycorporatio
o t e n may appoint attorneys -in -fact or agents with power
and authority, as defined or limited in their respective powers of attorney, for and on behalf of the corporation to execute
and deliver, and affix the seal of the Corporation thereto, bonds, undertakings, recognizances, consents of surety or
other written obligations in the nature thereof and any of said oficers may remove any such attorney-in-fact or agent
and revoke the power and authority given to him or her.
ARTICLE IV, Section 14. AUTHORITY TO BIND. Any bond, undertaking, recognizance, consent of surety or written
obligation int a nature t ereo a s e valid an binding upon the corporation when signed by the chairman of the
board, [he president, the vice president, the chief financial officer, or the secretary of the corporation and duly attested
and sealed, if a seal is required, by the secretary or assistant secretary, or shall be valid and binding upon the corporation
when duly executed and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent, pursuant to and
within the limits of the authority granted by his or her power of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called
and held on the 4rd day of October, 1983:
RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, 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 consent of surety or other written obligation in the nature thereof; such signature
and seal, when so used, being hereby adopted by the corporation as the onmal signature of such officer and the original
seal of the corporation, to be valid and binding upon the corporation with the same force and effect as though manually
affixed.
IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 4th day of October, 1983.
"Opp"', UIMpI,
\t,SVRAN�+"�', FAIRMONT INSURANCE COMPANY
By
Z WE
APR. IO i L/ /.
�9%op. :•�_` Signature
CA L IF .\�`° Tanna P. Handley, Secret
h".II11111111111\
Printed in U.S.A. (Over)
SPA -6
The bid totals are subject to correction after
the bids have been completely reviewed.
'.N
B I D
O P E N I N G R E P
O R T
Bids
opened
1�" at oi: Ulf am�
Project TitleFpnLo n+
Mini.
Project Engineer 5nip
lzev
Pre -Bid Estimate LOo lip_
Bid
Bid
Bidder:
Amount
Bond
1.
ALCORN FENCE COMPANY
1 0'M oo
1
2
PACIFIC FENCE
3
✓
3
SOUTH COAST LANDSCAPE,
INC.
/D0 Q0
4.
5.
6.
7.
8.
9.
10.
cc:
City Clerk's Staff
(3) Signed
Public Works
(3)
City Manager
(1) Dated;2
�1/�/
The above bid
amounts have
not been checked.
The bid totals are subject to correction after
the bids have been completely reviewed.
'.N
B ID PROPOSAL
1
For the:
'
Fence- cwt Cc�pts+r",ic pages
rviu+u�.-i eti�o+t• cam. wetls�re
From: Pacific .pence Co.
Contractor
' To the Honorable City Council
City of San Juan Capistrano
Gentlemen:
The undersigned, as bidder, declares that he has carefully
examined the location of the proposed work as described, examined
the Plans and Specifications and General Conditions therefor,
read the Instructions to Bidders, and is familiar with all pro-
posal requirements, and hereby proposes and agrees, if the pro-
posal is accepted, to complete the said construction in accordance
with the Contract Documents, as defined in Section 1-2 of the
Standard Specifications, in the time stated herein, for the unit
price or lump sum given on the following pages of this proposal,
amounting to a total of:
Si), Onp i'mArwr .9,•Iorrt dn"In-g 6 130.92
Plords Figures
Said amount to include and cover all taxes, the furnishing
of all materials, the performing of all the labor requisite or
proper and the providina of all necessary machinery, tools, ap-
paratus, and other means of construction; also, the performance
and completion of all the work in the manner set forth, described
and shown in the Specifications or the drawings for the work.
If the contract is awarded, the undersigned agrees to enter
' into a contract with the City and to commence work within fifteen
(15) calendar days from the date of execution thereof, and to
' diligently prosecute the work to completion before the expiration
of 30 days.
-4-
All bids are to be computed on the basis of the given
' Estimated Quantities of Work, as indicated in this proposal,
times the unit prices as submitted by the bidders. In case
of discrepancy between words and figures, the words shall
prevail. In case of discrepancy between unit prices and the
extension thereof, the unit price shall prevail and bids will
' be computed as indicated above and compared on the basis of
corrected totals.
The estimated quantities of work indicated in this pro-
' It is also understood by Bidder that the City of San Juan
Capistrano has the right to reject this proposal or to award
' a contract to the undersigned at the prices stipulated. If
the proposal is rejected, then any check or cashier's check
shall be returned to the undersigned within thirty (30) days.
No bid bonds will be returned. If the proposal is accepted
' and the undersigned fails to enter into a contract within
fifteen (15) days after the agreement is delivered to him for
signature, or within such further time.as may be granted by
' the City Council, then said check shall be cashed or said
bond declared forfeit and an amount equal to the difference
between the lowest bid and the next lowest bidder who will
execute a contract shall be paid into the treasury of the
' City of San Juan Capistrano as liquidated damages for the
failure of the undersigned to comply with the terms of this
posal are approximate only, being given solely
as a
basis for
comparison of bids. It is understood that the
City
does not
expressly nor by implication, agree that the actual
cashier's check, certified
amount
'
of work will correspond therewith, but reserves
the
right to
increase or decrease the amount of any item or
portion
of
'
the work or to omit portions of the work as may
be
deemed
expedient by the Engineer. _
' It is also understood by Bidder that the City of San Juan
Capistrano has the right to reject this proposal or to award
' a contract to the undersigned at the prices stipulated. If
the proposal is rejected, then any check or cashier's check
shall be returned to the undersigned within thirty (30) days.
No bid bonds will be returned. If the proposal is accepted
' and the undersigned fails to enter into a contract within
fifteen (15) days after the agreement is delivered to him for
signature, or within such further time.as may be granted by
' the City Council, then said check shall be cashed or said
bond declared forfeit and an amount equal to the difference
between the lowest bid and the next lowest bidder who will
execute a contract shall be paid into the treasury of the
' City of San Juan Capistrano as liquidated damages for the
failure of the undersigned to comply with the terms of this
proposal.
Accompanying this
proposal is Bidders 'Bond
(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.
-5-
The following is the name and place of business of the
surety company which will furnish the required bonds as
surety if the work is awarded to the undersigned:
Smith C�ar S=ty- Agent Faimm-i;, Toslirancp Ch -
Licensed in accordance with an act providing for the regis-
tration of contractors -- License No. 455197 0,13
Signature of Bidder:
�&� u
' (If an individual, so state. If a firm or co -partnership,
state the firm name and give the names of all individual co-
partners composing the firm: President, Secretary, Treasurer,
and Manager thereof.)
2U522 '::. (a rey Rd.
Dated: 12/18/84 lbinut, :l. 9170
' Business Address
' (318) 965-4551
Telephone Number
Further, the undersigned bidder certifies that he has
thoroughly checked the figures set forth in this proposal,
that they are correct to the best of his knowledge and that
they constitute his proposal for the work called out herein.
Dated: 12/15/&+6 fVALI
12
jignature of Bidder
' (818) 966-4551
' Telephone Number
1 -6-
0 0
SCHEDULE OF WORK ITEMS
Item Approx. Work Item With Units Unit Price Total
No. Quantity (Price Written in Words) (In Figures) Amount
1 476 L.F. 5 -foot high decorative fence with $ 11.92 $ 5,673.92
posts and footings.
2 1 5 -foot high 15 -foot wide decor-
ative gate with post, footings
and locking mechanism.
Total Price Bid
-6a-
L.S. $ 457.W
$ 6,1.303.92
•
NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY
' BIDDER AND SUBMITTED WITH BID
' STATE OF CALIFORNIA )
County of Los1190-e. ) ss.
iiady SI._Lnr;i_idd , being first duly
sworn deposes and says that he is Vice PresidenL of
Pacific r'_'ace co..:; any 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 any-
one else to put in a sham bid, or that any one shall refrain from
bidding; that said bidder has not in any manner, directly or
rindirectly, sought by agreement, communication or conference with
any one to fix the bid price of said bidder or of any other bid-
der, or to fix the bid price of or cost element of such bid price,
or of that of any other bidder, or to secure any advantage
against the public body awarding the contract of any one inter-
ested in the proposed contract; that all statements contained in
such bid are true; and further, that said bidder has not directly
or indirectly, submitted his bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative
thereto, or paid and will not pay any fee in connection there-
with, to any corporation, partnership, company, association,
' organization, bid depository, or to any member or agent thereof,
or to any other individual except to any person or persons as
' have a partnership or other financial interest with said bidder
in this general business.
1
0 .0
On this the day of /�,���„�jJ 196`
before me, the undersigned, Notary'Plic in and for said
State, personally appearedT�rC�/!/Su�.�r� f+ii
,Cpe�rsonally known to me/proved
' to me on the basis of satisfactory evidence, to be the
person(s) whose name(s)-16-o/ subscribed to the within
instrument, and acknowledged that 4 executed it.
WITNESS my hand and official seal.
'
< , /.' A /
H
I
I
1 -8-
e
0"F'C
MARIE RUT'._YOUNG
NOTARY PUBLIC -CALIFORNIA
LOS ANC=LES COUNTY
My MMM. expires DEC 2D, ISM —
I
I
1 -8-
e
DESIGNATION OF SUB -CONTRACTORS
Submit with Proposal.
In compliance with the Provisions of Section 4100-4107 of
the Government Code of the State of California as amended, the
undersigned certifies that he has used the sub -bids of the fol-
lowing listed sub -contractors in making up his bid, and that the
sub -contractors listed will be used for the work for which they
bid, subject to the approval of the Engineer, and in accordance
with the applicable provisions of the Specifications. It is
understood and agreed that all those portions of the work called
for in the contract documents for which a sub -contractor is not
' listed will be performed by the undersigned through his forces.
If no sub -contractors are listed, all bonds and insurance will
be written in the name of the general contractor only.
t
ITEM OF WORK SUB -CONTRACTOR — ADDRESS PHONE NO.
1. 'hone
2. _
3.
4.
5.
' 6.
7.
8.
Pacific Pence CO_Tany
BIDDER'S NAME
' AUTHOR ED SIGNATUIfE
�I
FA MONT INSURANCE COMP
BID BOND
Approved by The American Institute of Architects,
A.I.A. Document No. A•310 IFab. 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS, That we,
Bond No. SU 001042
Pacific Fence Company
as Principal, hereinafter called the Principal,
and the FAIRMONT INSURANCE COMPANY, Burbank, California a corporation duly or-
ganized under the laws of the State of California as Surety, hereinafter called the Surety, are held and firmly
bound unto City of 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 Fencing at Capistrano Acres Mutual Water Co.,
Wall Site, AD 78-3
(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 20th day oL December 19 84
ness
Witness
5-313 (11-253)
Pacific Fence Company _ (Seal)
Princinal
State of California
County of Los Angeles Ss
appeared
On this 20th day of
Arthur J. Clement, Jr.
December
in the year 19 84before me personally
personally known to me
AVorney M fact
(or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the
Attorney -in -Fact of. Fairmont Insurance Company , and acknowledged to me that he subscribed the name of the said
company thereto as surety, and his own name as Attorney -in -Fact.
...�......-,_ ._�..�._.-....e17ltiAtSEA,
L: .K HLL
t t'alrapNlA
COUNTY
My Car SI*-,V� Eaaa Apr. 27, 1988
5-318 (10-83) N.-1�
J(Notary Public)
State of California
SS.
County of Los Angeles
Tanna P. Handley, personally known to me, was by me duly sworn, and did depose and say: that she resides
in the State of California; that she is the duly elected Secretary of FAIRMONT INSURANCE COMPANY,
the corporation described in and which executed the above instrument; that she knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority
of her office under the Bylaws of said corporation, and that she signed her name thereto by like authority.
Subscribed and sworn to me this 4th day of October, 1983.
OFFICIAL SEAL
JUMTH A DE SELLEM
m NOTARY PUBLIC • CALIFORNIA / Signature
LOS ANGELES COUNTY
My comm. expires DEC 13, 1983 Judith A De Sellem
M05 Riverside Dr., #2w, Burbank CA 91505 Notary Public in and
for said County and State.
CERTIFICATION
I, Patricia J. O'Brien, Assistant Secretary of FAIRMONT INSURANCE COMPANY, certify that the forego-
ing power of attorney, the above quoted Sections 13. and 14. of Article IV of the Bylaws, and the Resolution
of the Board of Directors of October 4, 1983 have not been abridged or revoked and are now in full force
and effect.
Signed and Sealed at Burbank, California, this 20th
APR. 10
19TO
day of December , 19 84
gxe;44. 0&i34
Patricia J. O'B ' , Assistant Secretary
FA__.MONT INSURANCE COMPr__ j V
Burbank, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and
appoint
ARTHUR J. CLEMENT, JR of BURBANK, CA
California as its true lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Com-
pany as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,
undertakings, recognizances, 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,
and to bind FAIRMONT 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 Bylaws of the Company, which Bylaws
are now in full force and effect:
ARTICLE IV, Section 13. ATTORNEYS -IN -FACT AND AGENTS. The chairman of the board, the president, the vice
president, the chief financialofficer, ort e secretary o the corporation may appoint attorneys -in -fact or agents with power
and authority, as defined or limited in their respective powers of attorney, for and on behalf of the corporation to execute
and deliver, and affix the seal of the Corporation thereto, bonds, undertakings, recognizances, consents of surety or
other written obligations in the nature thereof and any of said oficers may remove any such attorney-in-fact or agent
and revoke the power and authority given to him or her.
ARTICLE IV, Section 14. AUTHORITY TO BIND. Any bond, undertaking, recognizance, consent of surety or written
obligation in the nature thereor shall e vand anQ binding upon the corporation when signed by the chairman of the
board, the president, the vice president, the chief financial officer, or the secretary of the corporation and duly attested
and sealed, if a seal is required, by the secretary or assistant secretary, or shall be valid and binding upon the corporation
when duly executed and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent, pursuant to and
within the limits of the authority granted by his or her power of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called
and held on the 4rd day of October, 1983:
RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, 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 consent of surety or other written obligation in the nature thereof; such signature
and seal, when so used, being hereby adopted by the corporation as the ori nal signature of such officer and the original
seal of the corporation, to be valid and binding upon the corporation with the same force and effect as though manually
affixed.
IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 4th day of October, 1983.
Printed m U S.A.
SPA -0
FAIRMONT INSURANCE COMPANY
By
Signature
Tanna P. Handley, Secret
(Over)
0
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
County of Orange
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of twenty one years,
and not a party to or interested in the above -entitled
matter. I am the principal clerk of the Capistrano Val-
ley News, a newspaper of general circulation in the City
of San Juan Capistrano, County of Orange, and which
newspaper has been adjudicated to be a newspaper of
general circulation by the Superior Court of the County
of Orange, State of California, June 5, 1984, Case No.
A-122949 in and for the City of San Juan Capistrano,
County of Orange and the South Orange County Judicial
District; that the notice, of which the annexed is a true
printed copy, has been published in each regular and
entire issue of said newspaper and not in any supple-
ment thereof on the following dates, to wit:
December 6, 13, 1984
I declare under penalty of perjury that the foregoing is
lure and correct.
Executed at Mission Viejo, Orange County
California, this ..6...... dayof Doc 19 ..84....
.��.........................
Signature
Capistrano Valley News
23811 Via Fabricante
P.O. Box 3629
Mission Viejo, Calif, 92690
0
This space is for the County Clerk's Filing Stamp
RECEIVED
DEC It 1101 nµ'81
CITY CLERK
DEPARTMENT
C1TY nF
JUAN CAS r, rn..I
Proof of Publication of
NOTICE -INVITING. •BIDS .......... • ................ .
0 0
NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS
TO: CAPISTRANO VALLEY NEWS
Jody Kolar, Legal
FOR PUBLICATION ON:
DOCUMENT TO BE PUBLISHED:
THURSDAY, DECEMBER 6, 1984 and
THURSDAY, DECEMBER 13, 1984
NOTICE INVITING BIDS -
FENCE AT CAPISTRANO ACRES
MUTUAL WATER COMPANY WELL SITE
PROOF OF PUBLICATION: Please send to:
fCliBQ [6113WAaISi-.V4A
City Clerk's Department
City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(714) 493-1171
DATE: November 30, 1984
Date of Bid Opening
Date(s) notice published
Date affidavit received
Date notice posted in
designated posting places (3)
- 12/20/84
- 12/6/84 & 12/13/84
- 12/6/84
•
NOTICE INVITING BIDS
9
Provision and Construction of Decorative Fence -
Capistrano Acres Mutual Water Company Well Site
Notice is hereby given that the City of San Juan
Capistrano will receive sealed proposals or bids for the
provision and construction of a decorative fence at the
Capistrano Acres Mutual Water Company Well Site which is located
adjacent to Calle Arroyo and La Novia Avenue until 2:00 P.M. on
the 20th day of December, 1984.
A pre-bid conference is scheduled at 10:00 A.M. on the
13th day of December, 1984, at the City offices to assist
contractors.
Copies of Plans and Specifications are on file in the
Office of the City Clerk of San Juan Capistrano, 32400 Paseo
Adelanto, San Juan Capistrano, California, and may be obtained at
a non-refundable charge of $10.00, plus a charge of $5.00 for
each set of Plans and Specifications mailed.
Dated: November 30, 1984
CITY CLERO
CITY OF IVAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
f
P
NOTICE INVITING BIDS
Public notice is hereby given that the City of San Juan
Capistrano will up to 2:00 p.m. on the 20th day of December, 1984,
receive sealed proposals or bids for the fence at Capistrano
Acres Mutual Water Company well site , in
accordance with the approved plans and specifications on file in
the office of the City Clerk of the City of San Juan Capistrano,
California. Bids will be received until the time hereinbefore
stated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto,
San Juan Capistrano, California.
No bid will be received unless it is made on a proposal
provided within these specifications. Each proposal or bid must
be accompanied by a certified check, cash, cashier's check or
bidder's bond payable to the City of San Juan Capistrano in the
sum of not less than ten percent of the amount.
The bid check, cashier's check or bidder's bond of the
successful bidder will be forfeited to said City in the event
such successful bidder fails to enter into the required contract
within 15 days after the written notice that said contract has
been awarded to him for the work.
A pre-bid conference is scheduled at 10:00 a.m. on the
13th day ofDecembe-r, 1984, at the City offices. The con-
tractor shall have the opportunity for clarification or interpre-
tation of any point or points of question within the plans and
contract documents or specifications. It is the contractor's
responsibility to be in attendance at this conference to receive
any information disclosed during the proceedings, for the City
shall not disseminate any records of the conference. Exclusive
of written addendums and this pre-bid conference, the City shall
not be responsible for any instructions, explanations, or inter-
pretation of the plans, specifications, and contract documents
presented to the bidders in any manner.
�a�4A - 1 -
0
The successful bidder, simultaneously with the execution
of the contract, will be required to furnish a Faithful Perfor-
mance Bond equal in the amount of one -hundred percent (1008) of
the contract price.
The City Council reserves the right to reject any and all
bids received and to compare the relative merits of the respective
bids and to choose that which in the opinion of said City will
best serve the interests or needs of said City.
A time limit of thirtv (30) days has been
set for the completion of the work, from the date of execution
of the contract.
BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the Labor
Code of the State of California, copies of the prevailing rate
of per diem wages, as determined by the Director of the State
Department of Industrial Relations, are on file in the office of
the City Clerk and shall be made available to any interested party
on request.
Copies of Plans and Specifications one on file in the office
of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto,
San Juan Capistrano, California. Copies of the plans and speci-
fications for use in preparing bids may be obtained at the office
of the City Clerk, San Juan Capistrano, at the address shown
above. One set of plans and specifications is available for each
general contractor proposing to submit a bid for said work. A
charge in the amount of $10, nonrefundable, is required for
obtaining each set of plans and specifications. There will be a
$5 charge for postage and handling on all plans and specifications
mailed.
Each bidder shall state the California Contractor's License
number of such bidder so bidding, as no bid will be accepted from
a Contractor who has not been licensed in accordance with the
provisions of the laws of the State of California relating to the
licensing of Contractors.
i
This Notice is hereby given and published by order of the
City Council of the City of San Juan Capistrano, and is dated
this 21st day of November, 1984
p
CITY CLERK//
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
2. APPROVAL OF PLANS AND SPECIFICATIONS -
YY4)
) Written Communications
) Report dated November 20, 1984, from the Director of Public
works, requesting approval of plans and specifications for
the installation of decorative fencing at the Capistrano
Acres Mutual Water company district pump station located on
the southerly side of Calle Arroyo across from St.
Margaret's School and on the easterly limit of the Ortega
Properties condominium offices. The report advised that
approval of the plans was a requirement of the
letter -agreement between the City, Ortega Properties, and
the Capistrano Acres Mutual Water Company which was approved
by Council on October 2, 1984.
Approval of Plans/Call for Bids:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to approve the plans and
specifications for the "Fence at Capistrano Acres Mutual
Water Company Wellsite Within Ortega Properties Assessment
District (AD 78-3)" and to authorize a call to bids.
(//aG/'�/
AGENDA ITEM
November 20, 1984
1]
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Consideration of Plans and Specifications and Contract
Documents for Decorative Fence at Capistrano Acres
Mutual Water Company Site
SITUATION
Staff is requesting approval of the plans and specifications for
the installation of decorative fencing at the Capistrano Acres
Mutual Water Company District pump station adjacent to Calle Arroyo.
The site is located on the southerly side of Calle Arroyo across
the street from St. Margaret's School, and on the easterly limit
of the Ortega Properties condominium offices. A copy of the
plan is enclosed for reference. The specifications are available
in the City Clerk's office.
The approval of plans and specifications is a step required in the
letter -agreement between the City, Ortega Properties, and the
Capistrano Acres Mutual Water Company. The City is involved as
a funding agent of the Ortega Properties Assessment District.
Ortega Properties is also providing funding for the fencing. The
letter -agreement was recently approved by the City Council.
The fence shall be constructed around the existing structure at
the pump station. The style of fencing is indicated on the
enclosed plan. It is proposed to be five feet in height, and the
style was selected by the Department of Community Planning and
Development.
COMMISSIONS(BOARDS, REVIEW, RECOMMENDATION
Not applicable
FINANCIAL CONSIDERATIONS
The letter -agreement provides funding in the amount of 41.75% of
the cost by the Assessment District and 58.25% of the cost by
Ortega Properties. The cost estimate is $7,100, so the Assessment
District allocation is $2,964 and Ortega Properties allocation is
$4,136. There are funds available from the Ortega Properties
Assessment District reserve and Ortega Properties has provided
a deposit of $5,000. No City funds are involved.
0 0
Decorative Fence -2- November 20, 1984
ALTERNATE ACTIONS
1. Approve the plans and specifications.
2.
Require
a modification to the
plans.
3.
Do not
approve the plans and
specifications.
RECOMMENDATION
By motion, approve the plans and specifications for the "Fence at
Capistrano Acres Mutual Water Company Wellsite Within Ortega
Properties Assessment District (AD 78-3)" and direct staff to
advertise for the receipt of bids.
Respectfully submitted,
W . I's'
W. D. Murphy
WDM:GML/rem
Encl.
NOTES: •
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2a-5'ARISTOCRAT STYLED FENCE. SEE DETAIL BELOW
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CURB & GUTTER
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PROJECT
LOCATION
LOCATION MAP
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REGAL
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visibility, idem ior;sivftaln#ing poblE:'
enclosures. -
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Pointed pickets project strength and
security, providing an estate '
MODERN :.
Square -cut pickets Highlight this.;
clean, smart style, ideal for:
contemporary tastes.'
1 'GUARDIAN
Curved, pointed pickets reflect
traditional beauty. while providing
maximum security.
EMPIRE
Simple, curved lines show a touch
of Early California, perfect for
western ranch -style homes.
ARMOR FENCE INC.. 31115 CANA. C.11SIRANO • SAN JUAN CGNSTn.NC CA 1]111 . 4a OSxo
CALIFORNIA STATE CONLRACTOR LICENSE NO W111
BUCK CRAIG
President
BOLTON & COMPANY
1100 El Centro Street
So. Pasadena, CA 91,030
PACIFIC FENCE COMPANY
20522 E.CARREY ROAD
WALNUT, CA 91789
DATE %lk''^'Y'il
2/15/85
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SAN JUAN CAPISTRANO, CA 92675 MARL I D SAYS WRITTEN NOI!CE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT HUT FAILURE TO MAIL SUCH NOTICE SHALL. IMPOSE NO OBLIGATION OR LIABILITY
OF V UPON i COMPANY .,-.S AOEDj7S OR EPRESENTATIVES.
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The Corinth Company
P.O. Box 50507
Pasadena, Ca. 91105
INSUREG
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P.O. Box 188
Walnut, Ca. 91789
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THIS IS TO CERTIFY THAT POLICIES OF VSUIIAP I IE t Ili
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AMP 171093
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out of operations performed for such insured by or on behalf of the named Insured.
2. The applicable limit of the company's liability for the Insurance afforded under the Contractual liability Insurance Coverage Pad forming a part of this
policy shall be reduced by any amount paid as damages under this endorsement on behalf of the person or organization named below.
NMne of Person of Organization City of San Juan Capistrano
(Additional Insured) 32400 Paseo Adelanto
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CITY OF SAN JUAN CAPISTRANO
COUNTY OF ORANGE�
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STATE OF CALIFORNIA -
C
SPECIFICATIONS AND CONTRACT DOCUMENTS
FENCE AT CAPISTRANO ACRES MUTUAL
WATER COMPANY WELLSITE WITHIN
ORTEGA PROPERTIES
ASSESSMENT DISTRICT (AD 78-3)
CITY COUNCIL
GARY L. HAUSDORFER, MAYOR
KENNETH E. FRIESS ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM PHILLIP R. SCHWARTZE
S. B. JULIAN
CITY MANAGER
W. D. MURPHY
DIRECTOR OF PUBLIC WORKS
NOVEMBER 1984
S
0'
I
1
0
TABLE OF CONTENTS
CONTRACT DOCUMENTS
Page
Notice Inviting Bids ------------------------- =--- 1
Bid Proposal------------------------------------- 4
Schedule of Work Items--------------------------- 6a
Non -Collusion Affidavit-------------------------- 7
Designation of Sub -Contractors------------------- 9
Instruction to Bidders--------------------------- 10
Contract----------------------------------------- 16
Bid Bond (sample)-------------------------------- 20
Faithful Performance Bond (sample)--------------- 22
Labor and Materials Bond (sample)---------------- 24
SPECIAL PROVISIONS
Work to be Done---------------------------------- 26
Standard Specifications-------------------------- 27
Terms Defined------------------------------------ 28
Flow and Acceptance of Water--------------------- 28
Water-------------------------------------------- 28
Insurance and Overhead Costs--------------------- 28
Protection of Existing Utilities----------------- 29
Protection of Private Property------------------- 29
Special Provisions of Items of Work,
Materials, and Methods of Construction---------- 30
' INSTRUCTION TO BIDDERS
Securing Documents
Plans, specifications and other contract documents will be
' available for examination without charge and copies may be secured
in accordance with the "Notice Inviting Bids".
11
1
Examination of Plans, Specifications and Site of Work
The bidder is required to examine the site of work, the
proposal, the plans and the specifications very carefully. He
shall satisfy himself as to the character, quality and quantities
of the work to be performed, the materials to be furnished and
the requirements of the Contract Documents. The plans for the
work show conditions as they are believed to exist, but it is
not to be inferred that all the conditions as shown thereon are
actually existent, nor shall the City or any of its officers or
agents be liable for any loss sustained by the Contractor as a
result of any variance between conditions shown on the plans and
actual conditions revealed during examination or progress of the
work. The submission of a proposal shall be prima facie evidence
that the bidder has made such an examination.
Interpretation of Drawings and Documents
If any bidder should find discrepancies in, or omission
from, the drawings, specifications or other proposed contract
documents, or if he should be in doubt as to the true meaning of
any part thereof, he shall at once make a written request to the
Engineer for correction, clarification or interpretation of the
point or points in question. The person submitting such a re-
quest shall be responsible for its prompt delivery.
In the event that the Engineer receives such a request and
it should be found that certain essential information is not
clearly and fully set forth, or if the Engineer discovers errors,
-10-
1
omissions, or points requiring clarification in the drawings or
' documents, a written addendum will be mailed to each person to
whom a set of contract documents has been delivered. The City
will not be responsible for any instructions, explanations or
interpretations of the documents presented to bidders in any
manner other than written addendum.
1
Addenda or Bulletins
' The effect of all addenda to the contract documents shall
be considered in the bid and said addenda shall be made a part
' of the contract documents and shall be returned with them. Be-
fore submitting his bid, each bidder shall inform himself as to
whether or not any such addenda have been issued, and failure to
cover in his bid any such addenda issued may render his bid invalid
' and result in its rejection.
Disqualification of Bidders
' No person, firm or corporation shall be allowed to make,
file or be interested in more than one bid for the same work
' unless alternate bids are called for. A person, firm or cor-
poration who has submitted a sub -proposal to a bidder, or who has
quoted prices on materials to a bidder, is not hereby disqualified
from submitting a bid in his own behalf.
' Proposals
Bids to receive consideration shall be in accordance with
the following instructions:
A. Bids shall be made only upon the forms provided within these
specifications; all bid items shall be properly filled out;
bid prices shall be stated both in words and in figures; and
' the signatures of all persons signing shall be in longhand.
Where there is a conflict in the words and the figures, the
' words shall govern.
-11-
' 0 0
B. All prices and notations must be in ink or typewritten. No
' erasures will be permitted. Mistakes may be crossed out and
corrections typed or written in ink adjacent thereto and must
be initialed in ink by the person or persons signing the bid.
C. Bids shall not contain any recapitulation of the work to be
done. Alternate proposals will not be considered except as
required hereinabove. No oral, telegraphic or telephonic
proposals or modifications will be considered.
D. The City may require any bidder to furnish a statement of his
' experience, financial responsibility, technical ability, equip-
ment and references properly and fully filled out.
' E. Each bidder shall list his proposed sub -contractors on the
form accompanying the proposal in accordance with the pro-
visions of the specifications.
F. Each bidder must accompany his bid with either a cashier's
check upon some responsible bank, or a properly certified
check upon such bank, or an approved corporate surety bond
' payable to the City for such a sum of not less than ten (10)
percent of the aggregate sum of the bid, which check or bond
and the monies represented thereby shall be held by the City
' as a guarantee that the bidder, if awarded the contract, will
in good faith enter into such contract and furnish the required
' bonds.
The bidder agrees that, in case of his refusal or failure to
execute said contract and give bonds within the time required
by these documents, such check or bond, and the money re-
presented thereby, shall remain the property of the City and,
if the bidder shall fail to execute said contract, said
surety will pay to the City the damages which the City may
suffer by reason of such failure, not exceeding the sum of
ten (10) percent of the amount of the bid. A bid received
and not accompanied by such cashier's check, certified check
' or approved bond shall be rejected.
-12-
G. Bids shall be delivered to the City at the location stipulated,
' on or before the day and hour set for the opening of bids, as
hereinbefore specified in the "Notice Inviting Bids". Bids
shall be enclosed in a sealed envelope bearing the title of
' the work, the name of the bidder, bid opening date and time
of bid opening.
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.
�1
Ll
Withdrawl of Bids
Any bidder may withdraw his bid in person or by written
request at any time prior to the scheduled closing time for re-
ceipt of bids.
Opening of Bid Proposals
The City will, in open session, publicly open, examine and
declare the bids at the time set forth in the "Notice Inviting
Bids". Bidders or their authorized representatives are invited
to be present.
Award of Contract or Resection of Bids
No bidder may withdraw his bid for a period of forty-five
(45) days after the date set for the opening of bids. The con-
tract for the work will either be awarded or the bids rejected
within the forty-five (45) days from the date set for the opening
of bids.
The contract for the work will be awarded to the lowest
responsible bidder complying with these instructions and with
the "Notice Inviting Bids". The City, however, reserves the
right to reject any or all bids and to waive any nonconformity
in the bids received.
-13-
1 • •
I
I
The bidder to whom the award is made shall execute a written
contract with the City and furnish the stipulated bonds, insurance
and bid breakdown within fifteen (15) days after the notice of
award of contract. The contract shall be made in the form adopted
by the City. The release of the successful bidder's surety deposit,
as previously stipulated (page 5), shall be made upon the City's
acceptance of the Labor and Materials Bond and the Faithful Per-
formance Bond.
' If the bidder to whom the award is made fails to enter the
contract as herein provided, the award may be annulled and an
award may be made to the next lowest responsible bidder; and
such bidder shall fulfill every stipulation embraced herein, as
if he were the party to whom the first award was made. A corpora-
tion to which an award is made shall furnish evidence of its cor-
porate existence and evidence that the officer signing the con-
tract and bonds for the corporation is duly authorized to do so.
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Bonds
The successful bidder, simultaneously with the execution of
the Agreement, will be required to furnish a Labor and Material
Bond in a sum not less than one hundred percent (1008) of the
total amount payable by the terms of the contract and a Faithful
Performance Bond in a sum not less than one hundred percent
(1008) of the amount of the contract. Said bonds shall be
secured from a surety company satisfactory to the City. Surety
companies, to be acceptable to the City, must be authorized to
do business in the State of California and be on the accredited
list of the United States Treasury.
Time of Performance
The work shall be commenced within fifteen (15) calendar days
from the date of execution of the contract and shall be diligently
prosecuted until completion. A time limit of thirty
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( 30 ) calendar days from the date of execution of the contract has
been set for completion of the work. The bidder's attention is
directed to the specifications as to provisions for extension of
time of completion and/or assessment of liquidated damages.
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Workmen and Wages
Attention is specifically directed to all provisions of
the Labor Code of the State of California with regard to workmen
and wages. Wages shall not be less than prevailing wage rates
determined by the City pursuant to said Code and as listed in the
"Notice Inviting Bids".
Buildina Permits
It shall be the Contractor's responsibility to obtain all
necessary permits, bonds and insurance, as required, for the
completion of the project. No extra compensation shall be made
therefore.
Assignment of Contract
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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
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of the awarding authority
and the surety has
been given
notice of
such assignment in writing
and has consented
thereto in
writing.
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Workmen and Wages
Attention is specifically directed to all provisions of
the Labor Code of the State of California with regard to workmen
and wages. Wages shall not be less than prevailing wage rates
determined by the City pursuant to said Code and as listed in the
"Notice Inviting Bids".
Buildina Permits
It shall be the Contractor's responsibility to obtain all
necessary permits, bonds and insurance, as required, for the
completion of the project. No extra compensation shall be made
therefore.
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WORK TO BE DONE
The work to be done consists
of a decorative fence
'
at the Capistrano Acres Mutual Water Company
Calle
well site adjacent
to Arroyo. A fifteen -foot gate
at the existing driveway
is also required.
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SPECIAL PROVISIONS
1. Standard Specifications
The Contractor shall perform his work in accordance with
the _Standard Specifications for Public Works Construction,
' 1982 Edition, hereinafter referred to as the Standard
Specifications. The Contractor shall maintain a copy of
this book on the job site at all times. The provisions of
' the Standard Specifications shall be modified as indicated
below:
' Change 1: "Section 2-4 - Contract Bonds"
The "Payment Bond" (Material and Labor Bond) shall be in the
amount of 100 percent (1008) of contract price. The "Faith-
ful 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"
Contractor shall maintain at all times during this contract
liability and property damage insurance naming the City and
its elected and appointed officials as a named insured, which
such policies shall be of an amount not less than One Million
Dollars combined single limit.
The insurance policies shall bear an endorsement or shall have
an attached rider providing that in the event of expiration or
proposed cancellation of such policies for any reason whatso-
ever, the City shall be notified by registered mail, return
' receipt requested, giving a sufficient time before the date
thereof to comply with the applicable law or statute but in no
event less than 30 days before expiration or cancellation is
effective. Contractor shall provide to City the policy certif-
icate establishing that the required level of insurance has
been satisfied.
' Contractor shall indemnify and save harmless the City, its
officers, agents, and employees from and against any and all
claims, demands, loss or liability of any kind or nature
which Lessor, its officers, agents, and employees may sustain
or incur or which may be imposed upon them or any of them
for injury to or arising out of, or in any manner connected
with the performance of the obligations under this construction
agreement.
The City will not recognize any claim for additional compen-
sation because of the requirement for greater amounts of
insurance as an element to be considered by the Contractor in
determining his bid.
Change 3: "Section 8 - Facilities for Agency Personnel"
' Delete this Section.
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' 2. Terms Defined
Whenever in the said Standard Specifications the following
terms are used, it is hereby provided that the following
City Department or persons shall be intended:
' AGENCY shall mean City of San Juan Capistrano
whenever 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.
3. Flow and Acceptance of Water
Surface or other waters may be encountered at various times
during construction. The Contractor, by submitting a bid
acknowledges that he has investigated the risks arising
from surface or other waters and has prepared his bid
' accordingly. It shall be the sole responsibility of the
Contractor to protect his work from danger due to any
waters encountered. Should—any damage to the work due to
surface or other water occur prior to acceptance of the
work by the City, the Contractor shall repair such damage
at his expense.
4. Water
Water will be available from the Capistrano Valley Water
District. Arrangements for temporary construction water
service permit and water service may be made by contacting
Capistrano Valley Water District at (714) 493-1515 one week
' prior to need for service. All water facility construction
shall conform to the "Standard Specifications, Capistrano
Valley Water District, and The Uniform Plumbing Code, 1979"
' The cost of the water, permit transporting and applying
said water shall be included in the unit bid prices for the
various items of work to be done. Included shall be full
' compensation for furnishing all labor, materials, tools and
equipment and for performing all the work necessary to
develop a sufficient water supply and supplying the water.
' 5. Insurance and Overhead Costs
The Contractor shall receive no direct compensation for
insurance and overhead (move -in costs for example) costs.
Accordingly, these costs should be pro -rated to the
appropriate bid items.
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' 6. Protection of Existing Utilities (Underground Service Alert)
' The Engineer has endeavored to show all existing utilities.
The Contractor must, however, take all due precautionary
measures to protect all of the existing utilities. The
Contractor must contact Underground Service Alert prior to
commencing work by calling (800) 422-4133.
7. Protection of Private Property
' The Contractor must remain within the construction zone to
the best of his ability. The Contractor must protect all
' existing private property.
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SPECIAL PROVISIONS OF ITEMS OF WORK,
MATERIALS, AND METHODS OF CONSTRUCTION
BID ITEM 1 - Fence
'A. The fence shall consist of the following:
1. Fence posts shall be two-inch (2") heavy weight
tubing and shall be constructed to the dimensions
shown on the plans.
' BID ITEM 2 - Gate
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A. Posts for the gate shall be four -inch (4") heavy weight
tubing.
B. Posts for the gate shall be anchored in concrete footings
as specified for the fencing posts.
C. The gate shall have a means of locking approved by the
City Engineer.
D. Rails and pickets shall be as specified for fencing.
E. The Engineer shall provide staking indicating the location
of the gate.
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2. Fence rails shall be one -inch (1") light weight
'
tubing and shall be constructed to the dimensions
shown on the plans.
3. Fence pickets shall be one -inch (1") light weight
tubing and shall be constructed to the dimensions
shown on the plans.
'
4. Each post shall be anchored in a concrete footing.
Concrete shall be Class 500-C-2500 per Section
201-1 of the Standard Specifications, and the post
shall extend to the full depth of the concrete
footing. The concrete footing shall be constructed
to the dimensions shown on the plans.
'
B. The Engineer shall provide staking indicating the location
of the fencing and gate to be installed. The Contractor
shall install the fencing and gate to be contiguous to and
inside of the line established by the Engineer.
C. The amount bid for the fence shall be the unit price per
'
foot to furnish and install the fence as specified herein,
on the plans, and within the Standard Specifications.
The unit amount bid shall include the cost of all labor,
material, and overhead costs and no other compensation
shall be made.
' BID ITEM 2 - Gate
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A. Posts for the gate shall be four -inch (4") heavy weight
tubing.
B. Posts for the gate shall be anchored in concrete footings
as specified for the fencing posts.
C. The gate shall have a means of locking approved by the
City Engineer.
D. Rails and pickets shall be as specified for fencing.
E. The Engineer shall provide staking indicating the location
of the gate.
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The amount bid for the gate
shall
be the lump sum cost to
furnish and construct the
gate as
specified herein, on
the plans, and within the
Standard
Specifications. The
amount bid shall include
the cost
of all labor, material,
and overhead costs and no
other compensation
shall be made.
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• NOTES:
,?O10-15' GATE
O2 —5' ARISTOCRAT STYLED FE
v
VP &CONCRETE FOOTING c
y of
CALLE ARROYO
CURB E! GUT
LOCATION MAP
N.Y.E.
8
VVUMP
IP STATION
200'
PROJECT
LOCATION
CE. SEE DETAIL BELOW
DRIVEWAY