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1989-0502_BOTACO, INC._H3c_Agenda Report0 0 AGENDA ITEM: TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works May 2, 1989 SUBJECT: Cook Park Replanting Project/Review of Informal Proposal and Award of Contract (BotaCo, Inc.) SITUATION: On February 16, 1988, the City Council awarded a contract to Carlson Landscaping of Fountain Valley to construct two athletic fields at Cook Park. The project included, but was not limited to, the construction of an irrigation system, the installation of a lawn and the planting of trees, shrubs and ground cover. In July 1988, stolons were planted as part of the lawn growing program. By late August 1988, it was evident that the stolon planting was not successful. In September, City staff began discussions with the contractor to provide for his replanting of the lawn. The contractor contended that the stolons did not take due to heavy salt content in the soil. Staff then retained a soils expert to determine the reason why the stolons did not grow. The soils expert's sampling of the soil conditions at the site resulted in a soils analysis report dated January 27, 1989 that "... no component of the soil was itself detrimental to plant growth", that the specified mulch was layered on top of the soil and not thoroughly mixed into the soil as specified. In other words, the contractor did not properly mix mulch with the soil. When the City presented the results of the soils analysis to Carlson Landscaping, they did not accept it but again countered that the reason that the grasses did not grow was due to the high salt content of the soil. By March, 1989, staff had reached an apparent oral agreement with the contractor that he would replace the stolons at his expense. However, the contractor then reversed positions and filed a lawsuit claiming City breached the landscape agreement. The City Attorney is presently filing responsive court pleadings to this lawsuit. Based upon Carlson Landscaping's decision not to replant the fields, staff began an informal proposal process to allow for the replanting of the fields, so they could be available for limited use by Fall 1989. To reduce the time requirements, the informal proposal method was chosen so that the fields could be planted and be available for use in 1989. A resolution is attached which provides for a waiver of the competitive bid process. Of the four firms asked to submit a proposal, only one of them provided a proposal for replanting the two athletic fields according to City specification: FOR CRY COUNCIL AGENDA44 /V3c 0 0 AGENDA ITEM; Re: Cook Park Replanting Project Page Two FIRM PROPOSAL FEE 1. Soto Company, Capistrano Beach Did not respond. 2. Toyota Landscaping, Orange Did not respond. 3. R.M. Tulleners Landscape, Inc., Did not respond. Laguna Hills 4. BotaCo., Inc. $49,922.00. Staff is recommending award of contract to the sole proposer, BotaCo., Inc. COMMISSION/BOARD REVIEW RECOMMENDATION: N/A FINANCIAL CONSIDERATIONS: The contract awarded to Carlson Landscaping amounted to $79,225.36, plus one change order of $7,140.00 for a total contract of $86,365.36. To date, the City has paid Carlson Landscaping a total of $61,094.95 with an additional $6,788.33 held as retention until all work has been completed. A total of $27,003.88 remains in the project account. The proposed contract award amounts to $49,922.00 or $22,919.00 more than currently available in the project account. In addition, there will be need for an additional $5,000.00 to cover project inspection, staff costs, and consultant assistance in certifying the replanting process. The total replanting project cost amounts to $54,922.00. Of this amount, $25,270.41 remains in the Carlson Landscaping contract and the remaining $29,722.00 will have to be fronted by the City, while the City Attorney undertakes legal action to recover the remainder from Carlson and its surety company. NOTIFICATION: BotaCo., Inc. ALTERNATE ACTIONS: 1. Accept the informal proposals, adopt a resolution waiving the competitive bid process, and award a contract for the replanting of the Cook Park athletic fields. 2. Do not accept the informal proposals and direct staff to use the competitive bid process. 3. Request additional information from staff. 0 AGENDAITEM: Re: Cook Park Replanting Projectg Page Two ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ RECOMMENDATION: Adopt a resolution waiving the competitive bid process, accept the bid of BotaCo., Inc., approve the contract, and appropriate $29,722.00 from the Parks and Recreation Fund to the project account 12-6213-4704-104. Respectfully submitted, ') i�s °1/ W. D. MURPHY Public Works Director WDM/ef Attachments: Resolution Contract • • 1 RESOLUTION NO. 89-5-2-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING EXPENDITURE OF FUNDS WITHOUT COMPLIANCE OF FORMAL BID REQUIREMENTS RELATING TO INSTALLATION OF GRASS STOLONS (COOK PARK) WHEREAS, the City Council has entered into a prior agreement with Carlson Landscaping Company for the installation of grass stolons and other landscape work at Cook Park; and, WHEREAS, Carlson Landscaping Company has breached its contract with the City of San Juan Capistrano; and, WHEREAS, it is necessary to do replanting of grass stolons at Cook Park; and, WHEREAS, the City has lost approximately one year in its timetable for development of the grass fields at Cook Park; and, WHEREAS, the City Council hereby finds that the public interest and necessity demand the immediate expenditure of funds to cause the replanting of grass stolons at Cook Park to make said facility available to the public as soon as possible. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano, that the formal bid requirements of the Public Contract Code shall be waived under the above -stated findings pursuant to Public Contract Code Section 20168 with respect to the letting of contract work for the planting of grass stolons at Cook Park. PASSED, APPROVED, AND ADOPTED this 2nd day of May , 1989. ARY L. HAUSDORFER, MAY ATTEST: -t- LJ j STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) • 1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 89-5-2-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 4th day of May , 1989, by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland and Mayor Hausdorfer NOES: None ABSENT: None (SEAL) MARY ANN HA, CITY CLERK -2- 0 0 CITY OF SAN JUAN CAPISTRANO COOK PARK REPLANTING PROJECT SPECIAL PROVISIONS WORK TO BE DONE The work to be done under this contract in general consists of the planting of 151,364 square feet of lawn area with Santa Ana Hybrid Bermuda stolons and maintaining said planting for a ninety (90) day period. SECTION 1 - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1988 Edition, hereinafter referred to as the Standard Specifications. The Contractor shall maintain a copy of this book on the job -site at all times. Unless otherwise specified, errata and supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Contract Termination "If at any time, in the opinion of the Public Works Director, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, appliances, and plant, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City Council may annul and cancel the contract and re -let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited with the amount of monies so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operation of the contract and the completion of the work by the CIty as provided above, and the Contractor will be credited with any surplus remaining after all just claims for such completion have been paid." C-17 0 Change 2: Section 8 - Facilities for Agency Personnel Delete this Section. SECTION 2 - TERMS DEFINED 0 Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City departments or persons shall be intended: AGENCY shall mean City of San Juan Capistrano, 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. SECTION 3 - FLOW AND ACCEPTANCE OF WATER Surface or other waters may Contractor, by submitting a arising from surface or other be the sole responsibility of i waters encountered. Should < prior to acceptance of the we his expense. SECTION 4 - WATER be encountered at various times during construction. The proposal, acknowledges that he has investigated the risks waters and has prepared his proposal accordingly. It shall :he Contractor to protect his work from danger due to any any damage to the work due to surface or other water occur rk by the City, the Contractor shall repair such damage at Water will be available on-site and from the existing irrigation system. SECTION 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 prorated to the appropriate proposal items. 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 shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any construction work. The Contractor's attention is directed to the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the USA by calling 1-800-422-4133. Other utility phone numbers are noted on Sheet 1 of the plans. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work, and no additional compensation will be allowed therefor. C-18 SECTION 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. SECTION 8 - CONSTRUCTION ZONE Contractor shall protect property and facilities adjacent to the construction zone, and all property and facilities within the construction zone which are shown on the plans to be protected. After completion of project, the construction zone shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of facilities are damaged, they shall be replaced with new materials equal to the original. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way or parking area during performance of the contract work, and Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. The Contractor shall be responsible for investigating conditions of available public and private roads and of clearances, restrictions and other limitations affecting transportation and ingress and egress to the site of the work. SECTION 9 - PRE -CONSTRUCTION COORDINATION MEETING Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor, the Engineer, and involved utility representatives. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor will be required to submit a complete schedule showing the number of working days required to complete each phase of the project. This schedule shall be approved by the City Engineer prior to the start of construction. C-19 i � • CITY OF SAN JUAN CAPISTRANO COOK PARK REPLANTING PROJECT DETAIL SPECIFICATIONS AND METHOD OF PAYMENT BID ITEM 1 - LAWN The contractor shall install Santa Ana Hybrid Bermuda stolons within the areas designated for such treatment. Prior to stolon installation, the soil shall be prepared with amendments, as specified. and fine graded. PAYMENT The unit price shall include all labor, tools, and equipment necessary to allow for the stolon installation and other required items. Compensation will be based on the unit price multiplied by the actual square footage receiving lawn services. BID ITEM 2 - MAINTENANCE OF LAWN The contractor shall provide maintenance services to allow for lawn growth and care. Such services shall meet the requirements as specified in the construction plans and specifications. The services shall include any repairs to the irritation system that may be required during the ninety (90) day period. PAYMENT The lump sum price for maintenance of the lawn areas and the installed stolons shall be paid on a one-third amount for each 30 day period of maintenance services provided. C-20 ATTACHMENT A COOK PARK ATHLETIC FIELDS This attachment comprises seven (7) sheets of the Landscape Architectural Plans for the subject project. Sheet T: Title Page Sheet 1: Irrigation Plan - For information purposes as may be related to main- tenance of the fields. Sheet 2: Irrigation Details - For information purposes as may be related to maintenance of the fields. Sheet 3: Irrigation Specifications - For information purposes as may be related to maintenance of the fields. Sheet 4: Planting Plan The requested proposal is for the lawn area only. Information shown as to the location of trees, shrubs and/or ground cover is not related to the Request for Proposal. The plans show the limits of the lawn area, as well as related notations which include, but are not limited to: (a) General Planting Notes (b) Observation Notes (c) Soil Preparation Notes (d) Turf Removal Notes (Check with Landscape Architect to determine which items are currently appropriate.) Sheet 5: Planting Details - Items shown, which relate to trees, shrubs and ground cover, are not to be considered a part of this Request for Proposal. Sheet 6: Planting Specifications - All of Item 3, entitled "Planting", is deleted from this Request for Proposal. A-1 • ATTACHMENT C INSTRUCTION TO CONTRACTORS COOK PARK REPLANTING PROJECT Examination of Plans, Specifications and Site of Work The contractor is required to examine the site of work, the Proposal, the Plans and the Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1988 Edition including all supplements, 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 officer 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. Proposals Proposals to receive consideration shall be in accordant with the following instructions: A. Proposals shall be made only upon the forms provided within these specifications; all items shall be properly filled out; 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 figures, the words shall govern. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the proposal. C. Proposals 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 contractor to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each contractor shall shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the provisions of the specifications. F. Proposals shall be delivered to the City as hereinbefore specified in the "Letter Inviting Proposals." C-1 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. Bonds The contractor chosen by the City, 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 (100%) of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract. Said bonds shall be secured from a surety company listed as acceptable on the list included in these specifications. Bonds must be submitted on the forms contained in these specifications. Time of Performance The work shall be commenced within ten (10) calendar days from the date of issuance of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of thirty (30) calendar days form the date specified in the Notice to Proceed has been set for completion of the work, followed by ninety (90) days of maintenance. Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. Workmen and Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City pursuant to said Code and as listed in the "Letter Inviting Proposals". Building Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. C-2 i IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 15th day of June 19 89 . The name and corporate seal of each corporate party 'being affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. BOTACO, INC. PRINCIPAL By,l 4U ��AA� AMWEST SURETY INSURANCE COMPANY SURETY By Marcia D. Smith, Attorney -in -Fact C-10 J POWER NUMBER E12948 BOND NUMBER 1179566 This Power of Attorney has been delivered in connection with the above bond number. MWEST SURETY INSURANCE COMP O. BOX 4500, WOODLAND HILLS, CA 91 500 Af V (818) 704-1111 LIMITED POWER OF ATTORNEY (READ CAREFULLY) To be used only in conjunction with the bond specified herein. JANUARY 1, 1990 No Power of Attorney on this form shall be valid as to bonds, under- takings, recognizances or other written obligations in the nature thereof executed on or after said expiration date. NAME OF PRINCIPAL: BOTACOr INC. PENAL SUM $49, 922. 00 NAME OF OBLIGEE: CITY OF SAN JUAN CAPISTRANO This Power of Attorney may not be used in conjunction with any other power of attorney. This Power of Attorney Is void if altered or erased. This document is printed on blue paper with black and red ink. This power of attorney bears a raised seal of AMWEST SURETY INSURANCE COMPANY. Only originals of this Power of Attorney are valid. No representations or warranties regarding this Power of Attorney may be made by any person other than an authorized officer of AMWEST SURETY INSURANCE COMPANY, and must be in writing. Questions or inquiries regarding this Power of Attorney must be addressed to AMWEST SURETY INSURANCE COMPANY at the address and telephone number set forth at the top of this Power of Attorney, Attention: Underwriting Department. This Power of Attorney shall be governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by AMWEST SURETY INSURANCE COMPANY on or after February 21, 1989 must be on Amwest Form UN -A1007 (REV. 2189). All other previous power of attorney forms issued by AMWEST SURETY INSURANCE COMPANY have been revoked and are of no further force or effect. KNOW ALL MEN BY THESE PRESENTS, that AMWEST SURETY INSURANCE COMPANY, A CALIFORNIA CORPORATION, (the "Comparty"), does hereby make, constitute and appoint MARCIA D. SMITH AS EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY its true and lawful Attorney(s)-in-Fact, with limited power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof, as follows: Bid Bonds to $250,000; Contract, Court & Subdivision Bonds to $500,000; Small Business Administration Guaranteed Bonds up to $1,250,000; License, Permit & Miscellaneous Bonds up to $25,000. and to bind AMWEST SURETY INSURANCE COMPANY thereby. This appointment is made under and by authority of the following provisions of the By -Laws of the Company, which are now in full force and effect: Article III, Section 7 of the By -Laws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of AMWEST SURETY INSURANCE COMPANY at a meeting duly held on December 15 1975. RESOLVED that the president or any vice-president, In conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president or any vice-president and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president or any vice-president or secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper officers, and its corporate seal to be 'lereurwa affP<od this 21 day of February 19 89 Gary R. Peterson. President Karen G Conan. Secretary STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — ss On this 21 day of February A.D., 19 89 personally came before me Gary R. Peterson and Karen G. Cohen to me known to be the individuals and officers of AMWEST SURETY INSURANCE COMPANY, CALIFORNIA who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribe] to the -aid iv,iwment try tiro ouC,vauy of the board of directors of said corporation. ............................... on'. me / KAREN T k1dRITA (SEAL) try tone Ea Aue to iso $ Notary PUEec ............................... STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — ss CERTIFICATE I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY, a California corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the By -Laws of the Company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at Westminster this 15th day of June 1g 89 � a•w,,e ;i z. t `.t� 4UNA1pp7!REV21" menti onanSeretary