1989-0502_BOTACO, INC._Contract�ty Copy
CONTRACT
This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO,
hereinafter referred to as City and BotaCo, Inc.
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
Letter Inviting Proposals, the Instructions to Contractors, the Proposal, the Designation of Sub -
Contractors, the Contract which is prepared for execution by the City and the Contractor, Plans,
Specifications and Special Provisions, the Standard Specifications for Public Works Construction,
1988 Edition, including all Supplements, 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 and complete in good and workmanlike manner
the Replanting of Cook Park 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 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 Instruction to Contractors. 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;
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therefore, CONTRACTOR shall pay City, as liquidated damages, not in the nature of a penalty,
one hundred dollars ($100) per calendar 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 (100%) 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 acceptance. 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 incidental to the work covered by this contract.
CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications.
CONTRACTOR agrees to pay City such sum as the Court may judge as reasonable for the legal
services of any attorney representing the City in any action brought to enforce or interpret the
obligations of this agreement, and such sums shall be made a part of any judgment in such action
against CONTRACTOR if such action is determined in favor of said City. The required
Performance and Labor and Materials Bonds shall provide that the surety shall pay attorney's fees
incurred by City in enforcing this agreement.
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 named
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insured, which such policies shall be of an amount not less than One Million Dollars combined
single limit. Insurance certificates shall be for a minimum period of one year.
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 than 30 days
before expiration or cancellation is effective. CONTRACTOR shall provide to City the policy
certificate establishing that the required level of insurance has been satisfied.
CONTRACTOR shall indemnify and save harmless the City, its officers, agents, and employees
from and against any and all claims, demands, loss or liability of any kind or nature which Lessor,
its officers, agents and employees may sustain or incur or which may be imposed upon them or any
of them for injury to or death of persons, damage to property as a result of, or arising out of, or in
any manner connected with the performance of the obligations under this construction agreement.
EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CON-
TRACTS. 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 Labor Code, except as permitted by
law.
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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 CAPISTRANO
DATED: May 2. 1989 BY:
/�-
MA OR Gary L. Hausdorf
BY: 30t 7, Co . _-'4J)c '
CONTRACTOR-
--A �
L;Z ? I ect
ATTEST:
APPROVED AS TO FO
John R. f
haw, City Attorney
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• ATTACHMENT B
INFORMAL PROPOSAL
For the: COOK PARK REPLANTING PROJECT
From: BotaCo, Inc.
Contractor
To the Honorable City Council
City of San Juan Capistrano
Gentlemen:
The undersigned, as contractor, declares that he has carefully examined the location of
the proposed work as described, examined the Plans, Specifications, Special Provisions,
and the Standard Specifications for Public Works Construction, 1988 Edition, including all
supplements therefor, read the Instructions to Contractors, 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:
FORTY NINE THOUSAND NINE HUNDRED TWENTY TWO AND $ 49,922.00
Words 00/100 Figures
Said amount to include and cover all taxes, the furnishing of all materials, the
performing of all the labor requisite or proper and the providing of all necessary
machinery, tools, apparatus, and other means of construction; also, the performance and
completion of all the work in the manner set forth, described and shown in the Specifica-
tions 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 ten (10) calendar days from the date of execution thereof,
and to diligently prosecute the work to completion before the expiration of thirty (30)
calendar days, followed by ninety (90) days of maintenance.
All proposals 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 contractor. 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 proposals
will be computed as indicated above and compared on the basis of corrected totals.
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The estimated quantities of work indicated in the proposal are approximate only being
given solely as a basis for comparison of proposals. It is understood that the City does
not expressly, nor by implication, agree that the actual amount of work will correspond
therewith, but reserves the right to increase or decrease the amount of any item or
portion of the work or to omit portions of the work as may be deemed expedient by the
Engineer.
It is also understood by Contractor that this is an informal process and that the City of
San Juan Capistrano has complete discretion to choose the appropriate contractor.
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:
CASH BOND
Licensed in accordance with an act providing for the registration of contractors —
License No. C-27 506782.
Signature of Bidder:
o
(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.)
Dated: 4/24/89 32221 CAMINO CAPISTRANO STE. 123 S.J.C.CA
Business Address
Dated: 4/24/89 (714)248-0539
Telephone Number
Further, the undersigned contractor 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: 2 -I !I �� V/LE5. �ih• Co {,�1
SignatUr6 of Bidder
Dated: '4-4,13 -0���
Telephone Number
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Total Proposal Price (Enter here and on the first page of the Informal Proposal Form).
FORTY NINE THOUSAND NINE HUNDRED TWENTY TWO AND 00/100 49,922.00
Words Figures
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SCHEDULE OF WORK ITEMS
COOK PARK REPLANTING PROJECT
Approximate
Work Items With Unit Price
Unit Price
Item Quantity
(Written in Words)
(In Figures)
Total Amount
1 151,364 SF
Lawn (Santa Ana Hybrid Ber-
muda Stolons) installed; soil
preparation and fine grading for
the unit price of .31
dollars per square foot.
$ .31
$46,922 00
2 L.S.
Maintenance for a period of
ninety (90) days for the lump
sum price of
dollars.
$ 3,000 00
Total Proposal Price (Enter here and on the first page of the Informal Proposal Form).
FORTY NINE THOUSAND NINE HUNDRED TWENTY TWO AND 00/100 49,922.00
Words Figures
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DESIGNATION OF SUB -CONTRACTORS
Submit with Proposal.
The undersigned certifies that he has used the sub -bids of the following listed sub-
contractors in making up his proposal, and that the sub -contractors listed will be used for the work
as designated, subject to the approval of the Engineer, and in accordance with the applicable
provisions of the Specifications. It is understood and agreed that all those portions of the work
called for in the contract documents for which a sub -contractor is not listed will be performed by
the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be
written in the name of the general contractor only.
Item of Work Sub -Contractor Address . Phone No.
1. HYDROSEEDING SANDERS HYDROSEED 1306 E. POMONA SANTA ANA (714)973-887
2.
3.
4.
5.
6.
7.
8.
Bot aCo Inc.
CONTRACTOR' NAME
AUWHORIZED SIGNAT RE
M